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Massachusetts Aquaculture Strategic Plan Appendix B - State Submerged Land Leasing Survey
ALABAMA
Phone: (334) 968-7576 State leases of submerged lands for aquaculture: are only allowed for oyster culture. There is currently a leasing law, but no leases are in effect. Submerged lands leasing process: Individuals must file an application with the Department of Conservation and Natural Resources. If the individuals requesting the lease does not own the property which they hope to use, they must secure permission of the property owner before applying for lease. Alabama Marine Resources Division would evaluate the site in terms of natural habitat and potential for aquaculture and use both factors to determine the lease fee. Fee structure: Lease fee/acre Dependent on predicted value of product and impact on site (site specific), but the lease fee is not determined as percentage of production value. Lease fee consistent for different marine techniques, while MRD would consider the applicant's projected startup/development costs in determining appropriate lease fee. Startup fee and annual fee (renegotiated annually), independent of lease duration. Terms of lease: No set duration or overall cap, each lease is dependent on perceived development requirements and other factors. All leases are renegotiated annually according to changes in site and other factors. Renewable, but no guaranteed renewal. Non-salable, non-transferable, non-heritable.
CALIFORNIA
Tel: (916) 653-9583 State leases submerged lands for aquaculture. Process for leasing submerged lands: If site is advertised by the state, it is awarded to the most qualified bidder according to his/her ability to develop, produce. If the site is identified by the applicant, which occurs more often, he/she will pay a minimum tax for the site if granted the lease. The lease fee is established with a consistent, state-wide fee.
Fee structure: Less than 10 acres....$10/acre/year. Terms of lease: 30 years lease with minimum development expectations. Lessee needs to show development during the first 5 years of lease. The next 25 years of the lease proceed on a less regulated basis. Lease is renewable after 30 years if minimum production levels are maintained. Lease is not salable or transferable, but if the company is sold the lease is usually transferred by state with approval of sale, with this transferal is subject to the commission's approval. Lease is heritable.
CONNECTICUT
Phone: (203) 874-2855 State leases submerged lands for aquaculture. Responsible Agencies: The Department of Agriculture is responsible for all bottom culture leases. The Connecticut Department of Environmental Protection is responsible for issuing and overseeing leases which permit the lease holder to construct various structures in the intertidal water. Process for leasing submerged lands: Applicants select their own sites which they propose in an application to the Department of Agriculture. The Department of Agriculture conducts a survey of the site and advertises the site (in legal notice form) in a local newspaper. The application procedure continues on a competitive bid basis. If the Department of Agriculture deems the site acceptable and the applicant able to maintain the site, it grants the lease. Fee structure: The applicant pays a $65 application fee, $63 of which covers the cost of advertising the legal notice. The Department keeps the remaining $2 as an application processing fee. The applicant also pays a survey fee of $35/corner of the proposed site. The minimum bid for a site is $2/acre/year. Terms of lease: The applicant can apply for a lease with a minimum duration of 3 years and a maximum duration of 10 years. The applicant must submit annual reports of planting activity and production. If these reports meet the Department's production standards, the lease holder can choose to renew the lease. The lease holder can sell or transfer the lease, while he/she must pay a $3 legal fee for the completion of this transaction.
DELAWARE
Phone: (302) 739-4782 Delaware leases submerged lands for aquaculture. Process for leasing submerged lands: Between January 1 and March 15, an individual can propose a site or apply in response to the DFW's advertisement for shellfish grounds. If more than one individual applies for the same site, the applicant who offers the highest bid continues through the application process. The applicant pays a fee for the survey of the site, which the DFW conducts. If the results of the survey are acceptable, the DFW grants the lease. Fee structure: The state designates plots ranging in size from 50-100 acres as available for leasing. There is no application fee, but there is a site survey fee of $17.50/corner. The minimum annual fee for Delaware residents is $.90/acre/year and for non-Delaware residents is $11.50/acre/year. Terms of lease: The lease is granted and renewed on a yearly basis. The lease holder is guaranteed renewal of the lease each year so long as he/she pays the required lease fee and submits the required annual report. This annual report offers a summary of the previous year's production levels and physical changes on the site. The lease is salable and transferable.
FLORIDA
Phone: (904) 488-5471 Florida leases submerged lands for aquaculture. Process for leasing submerged lands: DEP issues a public notice about site being offered by the state or proposed by a prospective aquaculturist. The highest bidder applies to the DEP and pays a survey fee. The survey and application are evaluated and the lease is granted or denied depending on the evaluations. Fee structure: Startup fees: Application fee= $200. Survey fee= $100/acre for shellfish and $500/acre for live rock culture, reduced to $10/acre and $50/acre, respectively, if site is state owned. Annual fees: of $50/acre for shellfish and $100/acre for live rock culture, increased to $100/acre and $200/acre, respectively, beyond the fifth year of the lease. If the lease fee is determined on a competitive bid basis, the annual fee will equal the highest bid for each of the first five years, beyond which the annual fee will double. Terms of lease: Generally, there is a 5 acre maximum for clam leases and a 10 acre maximum for oyster leases, although applicants can receive exemptions from these limits if they prove themselves capable of managing a larger site than the maximum allowed. The original lease is granted for a period of time not to exceed 10 years. Leases are renewable and transferable with the permission of the Division of Marine Resources.
GEORGIA
Phone: (912) 264-7218 Georgia lease submerged lands for aquaculture. Process for leasing submerged lands: (1) Individual applies for the lease by writing a letter to the DNR, (2) the DNR advertises the proposed lease site for 2 weeks, (3) the application procedure continues on a sealed bid basis, (4) the DNR considers the various bids and the bidders' management plans/abilities in order to determine who would be most able to cultivate shellfish on the site. Fee structure: The lease fee is a function of the lease holder's on-site production of shellfish. The lease holder pays to the DNR a set amount of money for each bushel harvested. The share of production which goes towards the DNR varies between different sites. Terms of lease: The original lease is granted for a 5 year period. At the end of the first 5 year period, the lease holder has the option of renewing his/her lease at ten year increments as long as his/her monthly production reports satisfy the DNR's expectations. Leases are transferable with the DNR's authorization.
LOUISIANA
Phone: (504) 568-5678 Louisiana leases submerged lands for aquaculture. Process for leasing submerged lands: Individual proposes site in an application to the DWF. The individual must pay a survey fee to the DFW. If the DFW deems the results of the survey to be acceptable, the Secretary of the DFW signs the lease and it is granted to the applicant. Fee structure: The individual pays a survey fee to the DFW as part of his/her application. The survey fee varies according to the size of the proposed site and its number of corners. If the applicant chooses to hire a private surveyor rather than rely upon the DFW to conduct the survey, he/she is refunded 80% of the survey fee. The individual pays an annual fee of $2/acre. Terms of lease: The DFW grants leases for a period of 15 years. Leases are renewable as long as the lease holder pays the annual lease fee and reports annually on his/her aquaculture activities.
MAINE
Phone: (207) 633-9500 Maine leases submerged lands for aquaculture. Process for leasing submerged lands: Individual files application with the DMR who does an environmental impact study on site. After DMR receives this report there is a public hearing. The application is either denied or the lease is granted to the applicant. The original application filed with DMR is actually a multi-agency application (to be reviewed by agencies including ACOE), while these other agencies tend to go along with DMR's approval/denial of the lease. Fee structure: Startup fees include application fees: $100 for less than 1 acre, $250 for 1-10 acres, $500 for 11-50 acres, and $1000 for 51-100 acres. There is also a site insurance fee of $500-1000 in case of harm to the site by the aquaculturist. The actual lease fee is $50/acre/year. Terms of lease: Leases are available for up to 10 years and are renewable, alienable and transferable. The renewal process includes public notification of renewal in case there are any objections to continuing aquaculture at the given site. Since the vast majority of leases are held by corporations and companies rather than individuals, leases heritability is not a real issue.
MARYLAND
Phone: (410) 974-3733 Maryland leases submerged lands for aquaculture. Process for leasing submerged lands: (1) Individual advertises site, (2) DNR evaluates site, (3) interested parties apply. Fee structure: Startup fee is $300 survey fee as part of application process. Bottom aquaculture is $3.50/acre/year. Water column is $80/acre/year. Terms of lease: 15-20 year lease, annual fee. Renewable depending on evidence of development. Heritable, but not salable or transferable. No corporate ownership allowed.
NEW HAMPSHIRE
Phone: (603) 271-3511 New Hampshire leases submerged lands for aquaculture: and has new regulations regarding this, but does not have any active leases. Process for leasing submerged lands: Rather complex: divided between applying to the Governor's Council for a land lease (written into state constitution) and applying the NHFG for an aquaculture permit. Fee structure: Bottom culture: $200/acre/year, suspended culture: $500/acre/year, pen culture: $750/acre/year. Terms of lease: Leases are granted on a 1 year basis, while individuals who plan to renew are required to submit a 5 year schedule for development, production. Permits are renewable, but not salable. Permits are transferable and heritable but the lease is only effective for the remainder of the year-long period.
NEW YORK
Phone: (516) 444-0438 New York leases submerged lands for aquaculture, legally speaking, but there haven't been any new leases of state lands in decades, and last lease of municipal land was revoked eight years ago. Aquaculture has met very strong resistance from the fishing community. Process for leasing submerged lands: (1) Lease application, (2) Request for DEC analysis of site, (3) Notice of bid posted, (4) lease awarded to highest bidder. Fee structure: Applicant pays a fee designed to cover the state's survey of the site. Lessee required to post bond equal to the projected lease fee for the duration of the lease, which will be withheld and the lease revoked if the lessee fails to make the annual payment. Lease minimum of $1/acre, otherwise determined by the highest bid offered at public auction. Terms of lease: 10 year lease period with a 50 acre minimum, which renewable within 90 days after expiration, and transferable after the first 5 years of lease. Dick Fox and others have tried to have reduced the minimum acreage requirement with near success in recent years,but motions have been defeated by the very vocal, anti- aquaculture segments of the fishing community.
NORTH CAROLINA
Phone: (919) 726-7021 North Carolina leases submerged lands for aquaculture. Process for leasing submerged lands: Individual proposes a site in an application to the DMF. He/she next hires a private surveyor to fix corner markers, calculate acreage, and describe the site location in terms of competing uses, ecology, etc. The DMF's surveyors analyze the site's suitability and check the private surveyor's report. The applicant provides a written shellfish production plan. The Marine Fisheries Commission, with the DMF, reviews the application and survey results and either grants or denies the lease.
Fee structure: Application fee is $100. Terms of lease: The lease has a duration of 10 years. The lease holder must submit annual reports describing his/her activities and production levels. If the lease holder has met the DMF's requirements (which include a minimum 25 bushels/acre production level, barring extraordinary barriers to production), he/she may apply for a renewal of the lease. The leases can be renewed at 10 year increments. The lease holder must pay a small legal fee if he/she chooses to either renew or transfer the lease. The DMF processes the sale of a lease by the lease holder to another party as it would a lease transfer. The lease holder must arrange to have the lease continue as part of his/her estate through a process similar to that designed for renewals.
OREGON
Phone: (503) 842-3433 Oregon leases submerged lands for aquaculture. Responsible Agency: The Department of Agriculture is responsible for oyster aquaculture. Process for leasing submerged lands: The prospective oyster culturist proposes site and receives an application from the Department of Agriculture. The individual applies for the lease and the application is reviewed by the Department of Agriculture and various other (14-22 in all) local, state, and federal agencies. After considering the other agencies' responses, the Department of Agriculture has the final ruling on whether the lease will be granted or denied. Fee structure: The prospective lessee must pay an application fee of $25. The annual lease fee is $2/acre in addition to $.05/bushel of harvested product. The latter fee is calculated according to the amounts of production reported in the lease holder's required quarterly reports. Terms of lease: The Department of Agriculture grants the lease for an indefinite period of time. The Department can withdraw the lease if the lease holder fails to pay the annual fee, file the quarterly report, or improve the minimum percentage of the lease site as stated in the lease. Leases are salable, transferable, and heritable.
RHODE ISLAND
Phone: (401) 783-2304
Jim Boyd, Environmental Scientist
Phone: (401) 277-2476 Rhode Island leases submerged lands for aquaculture, but the majority of leases are currently small-scale operations designed to supplement other sources of income. A few lease holders/applicants are showing interest in advancing aquaculture to a more sophisticated level. Responsible Agency: Rhode Island Coastal Resources Management Council. Process for leasing submerged lands: Individual needs to apply to the CRMC for a leasing permit and to the Division of Fish and Wildlife for an aquaculture permit...Upon receiving the lease permit application, the CRMC puts out a public notice and the CFL analyzes the site for potential impact on preexisting free and common fisheries...If any objections are raised in response to the public notice, the CRMC brings the application to a public hearing. Fee structure: Startup fee consists of an application fee which varies according to estimated project cost for developing the site: $50 for less than 1,000 acres, and $100 for 1,000-2,500 acres, $150 for 2,500-5,000 acres. Terms of lease: Lease period maximum of 5 years. Renewable, based on annual report analysis (pretty lenient) and annual site visit...Neither salable nor heritable.
SOUTH CAROLINA
Phone: (803) 795-6350 South Carolina leases submerged lands for aquaculture, intertidal lands more often than fully submerged lands. Process for leasing submerged lands: Individual proposes site and defines his intended activity; shellfish culture on grounds on which shellfish naturally reproduce or shellfish mariculture on grounds on which shellfish do not naturally reproduce. If the individual does not intend to build any structures as part of the proposed aquaculture- related activities, s/he needs only apply for a permit from the DNR. If, however, s/he intends to build a structure on the proposed site, he/she must apply separately for a permit from the Coastal Resources Management division of the South Carolina Department of Health and Environmental Control. The applicant must advertise the proposed site in a local newspaper once a week for three weeks. If s/he hopes to obtain a construction permit, s/he must also advertise his/her development plans in a local newspaper, while only on one D. The shellfish permitting committee within the DNR addresses any concerns which the public expresses in response to these advertisements. The DNR surveys the proposed site to determine its acreage. The DNR decides to grant or deny the lease after reviewing the survey results, the one-page application, and the applicant's attached management plan. Fee structure: The applicant must pay a $25 application fee and an annual fee of $5/acre/year. South Carolina currently has no legislation regarding forms of aquaculture other than bottom culture (i.e. water column aquaculture). The state is currently considering legislation regarding alternative forms of aquaculture and may design separate fee structures as part of this process. Terms of lease: The state does not issue leases for sites greater than 500 active acres. The state might lease a site greater than 500 acres only if the lessee does not cultivate the extra acreage and treats it as a buffer zone surrounding his/her active site. In such a situation, the DNR only charges the lessee for the 500 active acres. Leases are renewable each year. The applicant can extend the duration of the lease to 5 years by submitting to the DNR an extended management plan. When a lease approved under an extended management plan approaches the end of its 5th year, the lease holder has the option of renewing the lease for another 5 years. After 10 years, the DNR conducts a thorough review of the lease holder's management record before granting him/her another renewal. The DNR monitors the lease site by conducting annual site visits. Leases are not salable, transferable, or heritable.
VIRGINIA
Phone: (804) 247-2269 Virginia leases submerged lands for aquaculture. Process for leasing submerged lands: (1) Individual files an application, (2) VMRC acknowledges receipt of application, (3) the site being petitioned for is advertised, at the applicant's expense, in a local newspaper once a week for four weeks, (4) the highest bidder pays a fee to the VMRC in return for its survey of the site (5) the results of the survey are posted for 30 days and if no one objects at this time, the lease is awarded. Fee structure: Startup fee amounts to an application fee of $25 and a site-survey fee of $470. $1.50/acre/year, fee rounded up to the nearest full acre. Terms of lease: 10 year lease...3 months before expiration date, VMRC will contact lease holder and ask him to submit a form explaining annual production levels and development efforts....DMRV conducts no site inspections with renewal request....Yes, the lease is transferable, which requires the lease holder to fill out a transfer form and the transfer recipient to pay $17 for leases of 10 acres or less and $22 for leases of more than 10 acres....The leases are recognized as part of the deceased lease holder's estate for a period of 18 months, during which time the lease can be transferred to a Virginia resident...all leases are available only to Virginia residents.
WASHINGTON
Phone: (360) 902-1067 Washington leases submerged lands for aquaculture. Process for leasing submerged lands: Individual proposes site in an application to the DNR. The individual must fill out 2 application forms (1 for the land lease and 1 for an aquaculture permit). The individual must also present any local, state, and federal permits which might relate to the specific activity and site which he/she has proposed (eg. county permits for the use of shoreline). The individual must hire a private surveyor to determine the acreage and assess the ecological status of the proposed site. The applicant must also present proof of insurance and put forward a security bond equal to twice the annual rent for the leased site. Based on the information listed above, the DNR decides whether to approve or deny the lease. Fee structure: The applicant pays a $25 application fee. The lease holder also pays a $25 fee whenever the lease changes hands (by transfer or sale). For bottom culture in the tidelands, the annual lease fee is approximately $110/acre. For water column aquaculture, the DNR demands 3.5% of the aquaculturist's annual revenue. The DNR determines this annual revenue at the beginning of each year by estimating the annual production/acre and multiplying that production level by the local market price for the shellfish being produced. Terms of lease: Leases are approved for periods of 10-25 years, depending on the aquaculturist's development plans and the DNR's confidence in the lease holder's ability to develop the lease site. Leases are renewable, transferable, salable, and heritable. The DNR contacts lease holders 6 months prior to the lease's expiration date and explains the procedure for renewing, transferring, or selling the lease. If the lease holder hopes to renew or pass the lease on to someone else, he/she must notify the DNR within 30 days of the lease's expiration date.
Click here to go back to the Table of Contents for The Massachusetts Aquaculture Strategic Plan
Published: September 1995 | |||||||||||||||||||||||||||
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Boston, MA 02114