ECSGA Summary and Talking Points
Permit 48 for Shellfish Aquaculture
1) The 90 day clock starts on March 19th - and we recommend that
everyone read the
2) We are encouraged by the improvements in the language and the
recognition of our environmental benefits in the response.
3) We remain concerned about the issues of DE discretion and the
vagueness of certain definitions.
4) We are still upset that the ACOE appears to making a jurisdictional
grab to regulate activities (bottom planting) that were not
traditionally under their purview. We accept that they have jurisdiction
over structures under the Rivers and Harbors Act, but we do not think it
was the intent of the CWA to grant them authority over bottom planting
5) We remain concerned that this opens up new and existing growers up to
additional scrutiny and potentially makes them more susceptible to
challenges from opponents like waterfront homeowners.
6) We are working on a coordinated format for growers to submit to
fulfill their reporting requirements and suggest that growers wait for
at least 45 days so that the Corps' consultations with NOAA and EPA can
be completed, and state consistency reviews be completed.
7) New England Growers are exempt as these states will continue to work
with their statewide general permits at least for now.
8) Stay tuned!