Aquaculture America 2021

August 11 - 14, 2021

San Antonio, Texas

NAVIGATING PERMITTING REQUIREMENTS FOR OFFSHORE SHELLFISH AQUACULTURE: CHALLENGES AND OPPORTUNITIES FACED BY THE VENTURA SHELLFISH ENTERPRISE PROJECT

 
Robert M. Smith,* Everard Ashworth, Brian Pendleton, Doug Bush, Linda Santschi, Ph.D, Ralph Imondi, Ph.D, Brooke Ashworth, Diane Windham, Scott Lindell, and Blake Stok
 
Robert Smith
K&L Gates LLP
925 Fourth Avenue, Suite 2900
Seattle, Washington 98104
Email: robert.smith@klgates.com


Over the past six years, the Ventura Port District and its partners sought to establish the Ventura Shellfish Enterprise (VSE) project, a new offshore mussel shellfish farm in federal waters that would eliminate or reduce permitting hurdles for private shellfish companies and designed to accommodate participation by members of the Ventura working waterfront community in turn-key, pre-permitted parcels for mussel culture. As part of this project, the team sought to navigate the complicated state and federal permitting process associated with offshore federal aquaculture. This included extensive engagement with the U.S. Army Corps of Engineers, California Coastal Commission, U.S. Food & Drug Administration, National Oceanic and Atmospheric Administration (NOAA), California Fish & Game Commission, California Department of Fish & Wildlife, and numerous stakeholders and non-governmental organizations.

This presentation will discuss the permitting path for offshore aquaculture and some of the key issues that applicants will need to consider as they seek regulatory approvals. While the VSE project was focused on shellfish aquaculture in Southern California, many of the issues associated with resolving use conflicts are germane to other forms of commercial offshore aquaculture as well. This presentation will discuss the lessons learned during that process as the Ventura Port District engaged in outreach with key stakeholders, like commercial fishing interests and environmental NGOs, and addressed concerns raised by regulatory agencies. It will also detail the Ventura Port District's decision to pivot towards supporting NOAA's Aquaculture Opportunity Area process and role to support private aquaculture in the Santa Barbara Channel going forward to land product at Ventura Harbor in support of its working waterfront.