Maryland Shellfish Aquaculture Conference Policy and Regulatory - - PowerPoint PPT Presentation

Maryland Shellfish Aquaculture Conference Policy and Regulatory Developments

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Karl Roscher Aquaculture & Industry Enhancement Division DNR Fishing and Boating Services February 12, 2019

Aquaculture and Industry Enhancement Division

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• 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

• versight, compliance inspections
• Artificial Reef Program

– Artificial Reef Committee, permits, deployments, sampling

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• 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

Maryland Aquaculture Coordinating Council

Policy and Regulatory Update: Theft Prevention

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✓ 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

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✓ 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

Policy and Regulatory Update: SAV and Leases

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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

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Shellfish Nursery Production

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Policy and Regulatory Update: Conflict Review and Resolution

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✓ 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

Shellfish Aquaculture Lease Application Tracking Tool

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• In response to concerns expressed by members
• f 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

Industry Support

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✓ 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

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• 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.

Commercial Oyster Aquaculture Production

Note: SLL–Submerged Land Lease WC-Water Column Lease

Aquaculture and Industry Enhancement Division Staff

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• 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