Below is a brief summary of the regulatory processes for different types of aquaculture in Massachusetts. Project specifics, including location, may result in a variation of the identified process.

Shellfish Bottom Culture/No Discharge

This class of projects, used exclusively to grow shellfish, is characterized by low profile structures positioned directly on the substrate and includes netting, culch, nursery boxes, and rebar. This type of culture does not generally impede navigation or other uses of the area. The structures are only visible during low tide.

NOTE: The below order is recommended to pursue permits.

1. Apply for shellfish aquaculture license (Ch. 130, section 57) from municipality (selectmen or city council). Plans which describe the project and proposed area shall accompany application. The governing body gives public notice and holds a hearing concerning license. License is approved or denied within 60 days of receipt of application. After local approval, DMF surveys the project area to determine that there is no adverse impact to the shellfish or other natural resources of the town. Upon DMF certification, license may be issued by the governing body.

2. A Notice of Intent is generally filed with the local Conservation Commission in compliance with the Wetlands Protection Act (WPA). After a comment period and public hearing, an Order of Conditions is issued or denied. A denial by the Conservation Commission can be appealed to the Department of Environmental Protection.

3. If the project area is privately owned tidelands, permission from the landowner is required.

4. Under the Programmatic General Permit (PGP) an application for a Section 10 permit is required from the Army Corps of Engineers (ACOE).

Structure/No Discharge (shellfish/seaweed water column culture)

This category is the same as Shellfish Bottom Culture/No discharge and the regulatory process only differs if license is on state owned subtidal lands. This type of culture utilizes more of the water column than does bottom culture and therefore, often excludes and conflicts with more uses.

A Chapter 91 Section 10 A permit from the harbormaster is required for use of state-owned subtidal lands.

Discharge/Structure

Recirculating/Flowthrough/Hatcheries

This category of projects is characterized by landbased facilities having water withdrawal (from any source) and discharge (to any type of water body). The precise regulatory requirements will differ depending on location and types of water bodies from which project is withdrawing and discharging water. Discharges generally consist of uneaten food inputs and feces and occasionally drug treatments and fish mortalities.

NOTE: The permits listed below are not in a recommended order.

1. Existing operations are exempt from further review under the WPA (normal maintenance and improvement activities of the operation). New or expansions of existing operations that are proposed within areas subject to jurisdiction (e.g. 100 year floodplain, buffer zone to BVW or river) need a permit under the WPA and should be coordinated with Waterways (DEP). Work in the waters of the United States (including wetlands and intertidal areas) may require an ACOE authorization.

2. If the project involves pipes or headwalls located in navigable waters or below mean high water, a Waterways permit (Chapter 91) and Section 10 permit (ACOE) may be necessary. Review by DEM under the Ocean Sanctuaries Act will automatically occur as part of Waterways review.

3. Different aquaculture licenses and permits are required from both DFW and DMF depending on location, species cultured and marketing approaches.

4. A permit for withdrawal of fresh water (greater than 100,000 gallons/day average) is required from the Office of Watershed Management. No water withdrawal permit is needed from DEP Office of Watershed Management provided the withdrawal is from ocean or harbor.

5. An individual National Pollution Discharge Elimination System (NPDES) permit is required by the Environmental Protection Agency (EPA) for any discharge into fresh or salt water. This permit program is jointly administered by DEP and EPA. No NPDES is needed for discharges to municipal wastewater treatment facilities, although a sewer extension permit from DEP would be required.

Net Pen Culture

This category of projects, used primarily to raise finfish, is located in marine waters and utilizes the entire water column and surface area. Concentrated discharges from this type of culture include unconsumed food, feces, and on occasion, excess drugs and fish mortalities.

Below is the existing process for marine finfish culture in state waters.

1. Applicants apply directly to DMF as towns have no direct authority over leasing for finfish. DMF has limited authority, it can allow culturing but not exclusive use of site.

2. Under the authority of Chapter 91, there are two options available to aquaculturists interested in leasing state owned land. An aquaculturist can either apply yearly under Section 10 A permit (obtained through harbormaster) or under Chapter 91 for a longer term lease.

3. Conservation Commissions in each municipality have review authority under the Wetlands Protection Act.

4. An individual permit (Section 10 of Rivers and Harbors Act) from the ACOE is required.

5. 401 Water quality certification and NPDES permits are currently required.

6. CZM has the authority to exercise federal Consistency review, but because no major finfish projects have been approved, no project has undergone formal Consistency Review to date.

Project located within Federal Waters This class of projects are characterized by their location in federal waters which are by their nature, generally exposed and in the open ocean. Most of these projects are expected to be highly technical.

1. The New England Fisheries Management Council has jurisdiction over fishery activities (including aquaculture) sited within the Exclusive Economic Zone (EEZ). A clear administrative process for authorizing private use of the EEZ is not yet developed.

2. Through Federal Consistency Review, the Coastal Zone Management Office can review any direct federal activity, federally funded project or federally authorized project located in the EEZ for consistency with CZM policies.

3. Authorization from the ACOE is required.

Click here to go back to the Table of Contents for The Massachusetts Aquaculture Strategic Plan Published: September 1995