Experts in international aquaculture believe that the U.S. is not an ideal place for aquaculture. This is due to difficulties in obtaining permits and the public's perceived and real concerns related to the impacts aquaculture can have on the natural ecosystem.
Many of the aquaculture experts in the Pacific Northwest identified the permit process as being the greatest constraint to aquaculture development in the region. There are complaints about the large number of agencies involved, permits required, and water testing needed for aquaculture ventures to be successful. Some of the key issues related to the permitting process relate to the present and future impacts of aquaculture practices, preventing disease, and the introduction of invasive species. According to some experts, the challenges related to obtaining permits are significant but should not stop the growth of the industry. Others believe that the current permit process inhibits or prevents aquaculture development in the region.
The following headings identify the agencies that are directly involved in the permitting process. Keep in mind that different permits must be obtained depending on what aquaculture system is planned, the location of the system, and what species is/are going to be cultured. Also, note that this page emphasizes Oregon. The permit process and regulations depends on which state the aquaculture venture is planned.
The first step in the permitting process is to start with local authorities to identify an appropriate site. Much time and money must be invested in obtaining the appropriate permits. (Click the name of the agency to go to the agency's website.)
Example of Agencies within Oregon that have Jurisdiction
over Aquaculture Practices within the State
|
Name of Agency
|
Example of Jurisdiction
|
| Oregon Department of Agriculture |
This department has regulatory authority over submerged lands for shellfish culture (via authorization by the Division of State Lands) but not the water that is suspended over it.
Regulates two areas of shellfish culture:
- Land Use—The Department of Agriculture regulates state-owned estuaries (e.g. Netarts Bay) and looks at compatibility with other uses such as recreation and navigation. The Department of Agriculture will approve, approve with revisions, or deny applications for permits.
- Food Safety
The Food Safety Division of Agriculture examines water quality and works with the United States Department of Agriculture. This division must monitor and confirm that the cultured animals were reared for food and cultured in certified water. This responsibilty is shared with the Oregon Department of Health. |
| Oregon Department of Environmental Quality (DEQ) |
DEQ implements the 1972 Federal Clean Water Act. The department examines water quality and the relationship between aquaculture and water quality when granting permits. Here is a brief list of some of the DEQ's focus:
- Impact of aquaculture on water conditions (i.e. from fish excretion)
- Is the use beneficial for everyone?
- Examines specific water quality parameters such as:
- Ammonia concentrations
- Metabolite build-up
- Oxygen concentrations (i.e. Is the aquaculture facility/discharge in a poorly circulated area?)
- Point source discharge (e.g. Hatfield Marine Science Center has a point source discharge)
Examples of regulations:
OAR 340-41–Water quality standards for marine, fresh, and brackish water
OAR 340-45–Standards for point source in accordance to the National Pollution Discharge Elimination System. Aquaculture would be treated similarly as other industries–testing would occur near outfall points.
|
| Oregon Department of Fish and Wildlife (ODFW) |
ODFW has jurisdiction over how aquaculture practices interact with wild stocks and animal populations. The following list identifies some of the department's areas of focus:
- Is the cultured species native?
- Regulations on capturing the species
- Concerns about disease transmission
- Transport permits if animals are going to be transported to another body of water
- Concerns about care and feeding of animals
- Considers species to be cultured (e.g. Is it an exotic species?)
|
| Oregon Department of Land Conservation |
Department of Land Conservation is concerned with planning, location, and sanitation issues. |
| Oregon Division of State Lands (DSL) |
DSL has jurisdiction over state submerged lands, but oyster leasing responsibility is taken from DSL and given to the Oregon Department of Agriculture. DSL has regulatory control over the physical space on the estuarine and ocean floor. In some cases, ports own the submerged lands. |
| Oregon Health Division |
The Oregon Health Division is part of the Oregon Department of Human Services. This division shares responsibility with the Oregon Department of Agriculture to ensure that cultured animals which are sold for food were reared in certified water. |
| Oregon Parks and Recreation Department |
Oregon Parks and Recreation Department has jurisdiction over beaches.
|
| Oregon Water Resources Department |
The Oregon Water Resources Department has jursidiction over water rights and water laws for the state of Oregon. |
| Additional Information |
For a list of addresses to some of the above agencies, download a pdf from the AquaNic website by clicking here. Additional information can be found at the Oregon Blue Book website. |
Additional Regulations
Local Regulations
Land-use plans are associated with county and city water and land uses.
Private and state-owned areas of estuaries are zoned and must comply with local, state, and federal regulations.
State Regulations
The state has authority over waters within three miles of land. Federal agencies generally regulate areas beyond three miles from the coastline.
California Links
California Coastal Commission
California Department of Fish and Game
For a list of agencies, download a pdf from the AquaNic website by clicking here.
Washington Links
Washington Department of Fish and Wildlife
Washington State Department of Agriculture
(For subtidal, suspended aquaculture one must obtain a checklist from the county first. State and federal agencies then review the permit application.)
For a list of agencies, download a PDF from the AquaNic website by clicking here.
Federal Regulations
If an aquaculture venture is to take place more than three-miles but less than 200 miles from shore it is within federal jurisdiction. In that case, federal regulations would usually supersede state regulations.
|
