ECSGA Summary and Talking Points

New Nationwide Permit 48 for Shellfish Aquaculture


1) The 90 day clock starts on March 19th - and we recommend that everyone read the permit thoroughly. 


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 as well.


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!