Platforms for Mariculture

Platforms for Mariculture

James G. Wilkins Lisa C. Schiavinato Sea Grant Legal Program Sea Grant Week 2005

The Concept 

The use of offshore platforms for purposes other than oil and gas, such as mariculture, artificial reefs and sustainable fishery systems

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A 2004 CRS report claims mariculture is a “viable option” for satisfying consumer demand while minimizing user conflicts

Where Is It Being Implemented Currently? 

Japan, Norway, Ireland and Spain

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The Grace Mariculture Project is currently in the permitting stage and would be located approximately 10 miles offshore Ventura, California

History of Petroleum Platforms in Louisiana First over-water well drilled in Louisiana  Near shore and offshore production peaked in 1970  Petroleum platforms had become prime fishing destinations-production versus attraction debate  Federal and state requirements for removal of platforms concerned many 

History of Petroleum Platforms in Louisiana Artificial Reef program designed to maintain fish habitat  Ideas for aquaculture associated with platforms began in the 1980s  2001: ”Offshore Mariculture in the Gulf of Mexico: A Feasibility Report” Waldemar Nelson Nelson International  Offshore Aquaculture Consortium study 

Platforms for Mariculture Task Force Established by resolution of of the Louisiana Legislature  The purpose was to explore the feasibility of, and model policies relative to, the development of a platform-based mariculture industry in the Gulf of Mexico  Public meetings were held from August 2004 to January 2005 

Findings of Task Force Legal and institutional impediments exist in state territorial waters and the EEZ  Other studies have detailed regulatory issues in federal waters 

Findings of Task Force Proposed federal legislation could have a positive impact on offshore aquaculture  Available data supported the technological feasibility of offshore aquaculture  Data to predict economic success are lacking including the effects on other sectors of the economy-fisheries  Liability issues in state and federal waters are impeding aquaculture development 

Findings of Task Force Lease terms, and limiting public access to aquaculture sites are also impediments  Lack of data on environmental effects hinders development of public policy-water quality, “genetic pollution”, effects of fish farming  Oyster depuration is promising: Vibrio  

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Recommendations of the Task Force 

Monitor proposed federal legislation

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Identify solutions for mitigation liability

Consider enacting a state counterpart to the proposed federal Rigs to Reef Act 

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Review data and reports from the Grace Mariculture Project

Evaluate a need for a comprehensive study on the economic feasibility of a platform-based mariculture industry in Louisiana Use only native species derived from Gulf of Mexico stock

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No stocking finfish into the wild

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Research to determine if oyster depuration operations would pose concerns or limitations

Federal Legal Issues 

No formal federal legal structure for mariculture

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Federal laws on abandoned and decommissioned oil and gas platforms

Aquaculture and Mariculture in Louisiana 

Four state agencies have jurisdiction: 

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Wildlife and Fisheries: aquatic life and mariculture Natural Resources: coastal zone State Lands Office: water bottoms and water column Environmental Quality: water quality

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Wildlife and Fisheries issues mariculture permits on a case-by-case basis

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State law prohibits mariculture projects in public waters

State Legal Issues Prohibition on use of public waters for finfish aquaculture  State water bottom lease laws do not accommodate aquaculture  CZMA Consistency  Non-indigenous species 

Aquaculture Park Experience: Implications for Offshore Aquaculture Long-line oyster cultivation pilot project in state navigable waters  Possible application for offshore use: depuration, triploids  Problems encountered: 

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State legal issues Strong resistance by the Corps-NOD

quacu ture ar xper enceImplications for Offshore Aquaculture 

Public Interest Review 

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Mandate to protect public’s right to free navigation and access to public resources No problem permitting oil and gas structures Jurisdiction over structural impediments to navigation extends to EEZ Other Corps districts may have a different emphasis

Current Status of “Platforms for Mariculture” in Louisiana Since the Task Force submitted its report to the Governor and Legislature, interest has been expressed in sponsoring bills related to its recommendations  No bill was filed during the 2005 legislative session, but one may be filed within the next two sessions 