Another issue that arose during the Massachusetts permitting process is that
federal waters, in contrast to more coastal state waters, lack routine monitoring of
Harmful Algal Blooms (HABs) that can result in offshore waters closed to shellfishing or farming due to potential for Paralytic Shellfish Poisons (PSP). In 2013,
re-opening of the Northern and Southern Temporary PSP Closure Areas was not
considered because there was no research or controlled experimental harvests
conducted in these areas that would provide samples to indicate that the PSP toxin
levels are below the regulatory limit. However, it was recently announced that as of
January 2015, the Massachusetts Division of Marine Fisheries will be conducting
testing of shellfish in the closed areas to re-open the fishing for gastropods (whelks,
conchs, snails) and whole and roe-on scallops, and farmed mussels. Finally, after
making the same concessions as described below a permit for the project was issued
in January 2015.
Nantucket Sound Mussel Farm
In July of 2013, Santoro Fishing Corporation submitted an application to ACOE for
a permit to commercially farm mussels in an 11.5 ha site 9.6 km offshore just east
of the permitted Cape Wind farm in the Federal waters of Nantucket Sound. After a
protracted permitting process described below, a permit was issued August 21,
2014 to deploy longlines for growing blue mussels (Mytilus edulis) and sugar kelp
(Saccharina latissima). The principal reason that the permitting was prolonged
hinged on perceived risks to protected species that migrate through the area.
NOAA Protected Resources Division (PRD) decided that they needed further
information. The ACOE called a meeting in November 2013 of the permit applicants and the various NOAA regulatory interests (Essential Fish Habitat, Marine
Sanctuaries, Protected Resources, Aquaculture, etc.) to foster exchange of information, concerns, and promote better understanding of the Nantucket Sound and
Gloucester project proposals. Similar longline mussel operations have been operating in fully-exposed offshore state waters of California and New England for over
15 years without apparent impact or interference with protected species, such as
whales and sea turtles. Despite this history, NOAA’s PRD decided that they could
not make a determination of “No effect” or “Not Likely to Adversely Affect”
without reviewing a full biological assessment that addressed possible threats to
protected species by the specific projects.
NOAA’s PRD staff provided a guidance document for submitting a Biological
Assessment. This started a confusing 9-month process involving exchanging drafts
of the biological assessment with NOAA staff thru the permit coordinator at ACOE.
Some of the confusion stemmed from the determination process of “effect”, “not
likely to adversely affect”, or “no effect”. It is the action agency (in this case ACOE)
that makes this determination in order to initiate informal consultation. This was not
214
J.S. Corbin et al.
federal waters, in contrast to more coastal state waters, lack routine monitoring of
Harmful Algal Blooms (HABs) that can result in offshore waters closed to shellfishing or farming due to potential for Paralytic Shellfish Poisons (PSP). In 2013,
re-opening of the Northern and Southern Temporary PSP Closure Areas was not
considered because there was no research or controlled experimental harvests
conducted in these areas that would provide samples to indicate that the PSP toxin
levels are below the regulatory limit. However, it was recently announced that as of
January 2015, the Massachusetts Division of Marine Fisheries will be conducting
testing of shellfish in the closed areas to re-open the fishing for gastropods (whelks,
conchs, snails) and whole and roe-on scallops, and farmed mussels. Finally, after
making the same concessions as described below a permit for the project was issued
in January 2015.
Nantucket Sound Mussel Farm
In July of 2013, Santoro Fishing Corporation submitted an application to ACOE for
a permit to commercially farm mussels in an 11.5 ha site 9.6 km offshore just east
of the permitted Cape Wind farm in the Federal waters of Nantucket Sound. After a
protracted permitting process described below, a permit was issued August 21,
2014 to deploy longlines for growing blue mussels (Mytilus edulis) and sugar kelp
(Saccharina latissima). The principal reason that the permitting was prolonged
hinged on perceived risks to protected species that migrate through the area.
NOAA Protected Resources Division (PRD) decided that they needed further
information. The ACOE called a meeting in November 2013 of the permit applicants and the various NOAA regulatory interests (Essential Fish Habitat, Marine
Sanctuaries, Protected Resources, Aquaculture, etc.) to foster exchange of information, concerns, and promote better understanding of the Nantucket Sound and
Gloucester project proposals. Similar longline mussel operations have been operating in fully-exposed offshore state waters of California and New England for over
15 years without apparent impact or interference with protected species, such as
whales and sea turtles. Despite this history, NOAA’s PRD decided that they could
not make a determination of “No effect” or “Not Likely to Adversely Affect”
without reviewing a full biological assessment that addressed possible threats to
protected species by the specific projects.
NOAA’s PRD staff provided a guidance document for submitting a Biological
Assessment. This started a confusing 9-month process involving exchanging drafts
of the biological assessment with NOAA staff thru the permit coordinator at ACOE.
Some of the confusion stemmed from the determination process of “effect”, “not
likely to adversely affect”, or “no effect”. It is the action agency (in this case ACOE)
that makes this determination in order to initiate informal consultation. This was not
214
J.S. Corbin et al.