Maryland Shellfish Aquaculture Conference Policy and Regulatory Developments Karl Roscher Aquaculture & Industry Enhancement Division DNR Fishing and Boating Services February 12, 2019 1
Aquaculture and Industry Enhancement Division • Leasing and Permitting Program – Process applications, leases and permits, industry management and development, interagency coordination, compliance with NSSP • Field Operations – Technical support, SAV and biological surveys, relay oversight, compliance inspections • Artificial Reef Program – Artificial Reef Committee, permits, deployments, sampling 2
Maryland Aquaculture Coordinating Council •Membership and duties established in law, § 4-11A-03.2 •19 members – Delegate & Senator, state agency officials, NRP, UMD representatives, aquaculture and commercial fishing industry members, Farm Bureau and Oyster Recovery Partnership. • Charged with investigating and enhancing the area in state waters that is available to shellfish leasing • Advises state of Maryland on aquaculture policy and regulations •Issue annual report to Governor and General Assembly •Bi-monthly meetings (Jan-March-May-July-Sept-Nov) on second Thursday at DNR in Annapolis. •Council provides an opportunity for stakeholders to engage on important issues 3
Policy and Regulatory Update: Theft Prevention ✓ Aquaculture Coordinating Council 2018 Workgroup at request of legislators ✓ It is not ‘poaching’ or ‘just oysters’….it is theft of private property ✓ Problem identified in industry surveys since the 80’s ✓ Workgroup recommendations: • development of technology for monitoring & protection • Vessel Monitoring Systems (VMS), Maryland Law Enforcement Information Network (MLEIN), radar, cameras • more enforcement in known problem areas • patrols on the water and in areas where leases are located (at night and in low visibility conditions), at ramps/landings/harbors, need a presence without a routine • stricter punishment for violators • penalty more significant than perceived benefit, acknowledgement by courts that action is injurious and severe 4 4
Policy and Regulatory Update: SAV and Leases ✓ Aquaculture Coordinating Council workgroup in 2017 New leases prohibited from being issued in areas of SAV • Leases face possible restrictions if SAV encroaches into lease • can disrupt lease activities, affect profitability of the business • ✓ Workgroup Findings and Recommendations SAV and shellfish aquaculture provide environmental benefits • Can co-exist in close proximity to one another • water column gear does not cover total area of surface or bottom areas • Research needed on specific gear and activities in use in Maryland and the predominant • species of SAV present recommended modification of law to provide more discretion to DNR when evaluating • impacts associated with SAV encroachment on leases • seek legislative change in 2019 general assembly session ✓ Action Delegates Clark and Morgan introduced legislation this year (HB 841) to change law and provide DNR with • discretion when evaluating SAV and shellfish aquaculture interactions DNR required to annually evaluate and report on status and impact of working in these areas • 5 5
Policy and Regulatory Update: Shellfish Nursery Operations ✓ Permitting for nursery facilities Problems brought to Coordinating Council’s attention • Permitting complicated and costly (water appropriations, discharge and TWL for gear) • Council worked with DNR and MDE to establish exemptions from appropriations and • discharge permit requirements DNR obtained authority for issuing Shellfish Nursery Permits for in-water structures • ✓ Issue to be resolved Gear used and attached to docks (tanks, suspended pipes, pumps, etc.) required to be • permitted through MDE and BPW as structures in tidal waters • Delegate Clark worked with DNR, MDE and producers to identify solution • Law change necessary to provide an exemption to operations permitted under DNR authority ✓ Action Delegate Clark introduced legislation this year (HB 28) to change law and provide shellfish nurseries that • are permitted by DNR with an exemption from having to also obtain a Tidal Wetlands License from MDE/BPW. • Legislation also establishes that the structures in use do not have to satisfy water dependency requirement Streamlines the authorizations for shellfish nurseries • 6
Shellfish Nursery Production 7
Policy and Regulatory Update: Conflict Review and Resolution ✓ Aquaculture Workgroup • Established by DNR in August 2018 look into conflicts identified during statewide stakeholder listening sessions (O’Donnell & Anderson) • Concentration of effort in 5 priority areas: • Penalty parity • Application notification to members of public • Protest process • Conflict review and resolution • Procedure, policy and regulation review/modification • Monthly meetings • Information collected and compiled by Assistant Secretary Anderson ✓ Action • Evaluating information obtained from listening sessions and Workgroup discussions to determine what is already being addressed and what changes need to be implemented • Early notification of applications, consistency in penalties between aquaculture and watermen, restructure protest process, reduction of resource conflicts (clamming, trotlining, waterfowl hunting), sampling 8
Shellfish Aquaculture Lease Application Tracking Tool • In response to concerns expressed by members of public and discussions held during Aquaculture Workgroup meetings, the department established an online shellfish lease application tracking tool. • Launched in October 2018 • Includes all applications submitted after January 1, 2018 and determined to be complete. • Changes to application status are provided as they occur. • Users can sign-up to be notified when changes are made to applications listed in the tool. http://dnr.maryland.gov/fisheries/Pages/aquaculture/applications.aspx 9
Industry Support ✓ Past problems that have been addressed Removed restrictions in law and created opportunity for investment – Created single point agency and support programs for applicants – – Lowered legal size limits for aquaculture oysters to meet demand – Revised active use provisions and permits to be more user friendly – Exempted shellfish nurseries from permit requirements (ongoing) – Obtained legal precedents through court cases in defending leasing program ✓ Programs Financing – – Education and training programs – Remote setting training – Marketing – Business planning – Application assistance 10
Commercial Oyster Aquaculture Production • Number: Currently 428 leases, encompassing 6,937 acres (341 SLL and 87 WC leases). About 45% of leaseholders also have a commercial fishing license. • Jobs: 489 distinct individuals were permitted to work on leases in 2017. • Harvest: Harvest increased to 74,044 bushels in 2017 with 202 leases reporting some level of harvest. This is 52% of all active leases. • Value: $6 Million was estimated dockside value of the harvest in 2017. • Growth: Growing at a steady pace, interest is strong. Averaging nearly 60 lease applications per year. Note: SLL –Submerged Land Lease WC -Water Column Lease 11
Aquaculture and Industry Enhancement Division Staff • Director – Karl Roscher • Deputy Director – Katie Busch • Program Support – Kari Bradberry • Leasing and Permitting – Becky Thur, Coordinator • Maude Morris • Alyssa Cranska – Unfilled NRB II • Field Operations – Nat Warning, Coordinator • Steve Schneider • Artificial Reef Program – Mike Malpezzi 12
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