Law, policy, regulations, and guidance
Currently, there is no cohesive permitting process for aquaculture operations in federal waters (from 3-200 miles offshore). To address this regulatory gap, the National Oceanic and Atmospheric Administration (NOAA) and the Department of Commerce transmitted to Congress the National Offshore Aquaculture Act of 2007. The Act would provide the Secretary of Commerce the necessary authority to establish a regulatory framework for aquaculture in U.S. federal waters and authorize research for all types of marine aquaculture. Establishing a regulatory framework for federal waters was a recommendation by the U.S. Commission on Ocean Policy in 2004, and a commitment in the U.S. Ocean Action Plan.
Most commercial shellfish aquaculture is conducted in state waters, in protected bays and nearshore waters, in all U.S. coastal regions. In response to a lack of consistent federal regulation over commercial shellfish activities, the U.S. Army Corps of Engineers issued a new Nationwide Permit (NWP) in March, 2007, that provides a regulatory basis for most existing commercial shellfish activities. NOAA, the U.S. Fish and Wildlife Service, and coastal states are working with the Corps to implement the NWP, including consultation under the Endangered Species Act and the Magnuson Fisheries Conservation and Management Act.
