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Policy Issues
Pages 64-91

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From page 64...
... Policy Issues Marine aquaculture is subject to a number of policy systems and forces, including direct regulatory regimes imposed by federal, state, and local governments; indirect state and federal economic policies; and the broad array of environmental issues that play an increasingly powerful role in shaping the direction of any activities that affect natural resources and the environment. THE FEDERAL GOVERNMENT AND MARINE AQUACULTURE Several major strains in federal policy and programs affect the development of marine aquaculture: · the federal government's efforts to promote the husbandry of aquatic plants and animals irrespective of whether these are fresh or saltwater species; · marine and coastal policies related to regulation and public trust responsibilities in the planning and management of coastal lands and waters; · interstate and international trade policies that control the movement of cultured species and products both within the United States and internationally; · economic policies such as taxes, subsidies, and other fiscal levers; · consumer policies concerned with product quality, safety, and cost; · environmental regulatory policies that regulate the conduct of marine aquaculture operations, particularly the discharge of effluents and the use of public resources; and 64
From page 65...
... Another layer of complexity is added by states and, in some cases, by local governments, which reserve primary jurisdictional authority over marine aquaculture activities in coastal areas and in state waters. The "Aquaculture" Side of Marine Aquaculture: The Federal Government as Promoter Government promotion of aquaculture began in the late nineteenth century in response to pressures from sports fishermen.
From page 66...
... Advances are needed in all areas, but for overall progress, the essential requirements are policy decisions and administrative actions." Recommendations to ameliorate this situation included establishment of a uniform set of aquaculture policies and naming of a lead agency to direct, guide, support, coordinate, and be responsible and accountable for activities among the federal agencies. Subsequent passage of the National Aquaculture Act of 1980 (P.L.
From page 67...
... The National Aquaculture Development Plan of 1984 was prepared by the JSA in response to the National Aquaculture Act. In the plan, it is noted that crippling impediments still persist despite the growth in aquaculture production.
From page 68...
... The aquaculture community was strongly in favor of designation of the USDA as lead agency for aquaculture (Tiddens, 1990.) The 1985 National Aquaculture Improvement Act (P.L.
From page 69...
... A number of action strategies were identified to enhance the growth of the aquaculture industry in the following areas: marketing, production efficiency, processing and product development, industry representation at regional and national levels, awareness of global aquaculture technology, integration of aquaculture with traditional agriculture, expanding the role of the private sector in fish enhancement programs, promoting state and federal research and development, streamlining permitting processes, obtaining approval for therapeutic compounds, and information systems (JSA, 1990~. In the past two years the JSA has addressed topics such as reports from the USDA Regional Aquaculture Centers; the formation of the National Aquaculture Association; a memorandum of understanding between the USDA and the FWS on fish health management; protective statutes (such as the Lacey Act)
From page 70...
... . For marine aquaculture to succeed in the United States, a more active and forceful federal role will be needed one that employs a wider range of incentives for aquaculture development akin to those used in the development of agriculture and that centralizes authority (and corresponding resources)
From page 71...
... 95-372~. Perhaps the major characteristic of this body of law is that, with the exception of the Coastal Zone Management Act, most federal laws dealing with the ocean and coastal zone tend to be single purpose in nature, each
From page 72...
... . This resurgence has been accompanied by a focus of attention on environmental issues of coastal water quality and wetlands protection, two areas that significantly affect marine aquaculture operations.
From page 73...
... aquaculture industry. International Trade Issues The United States imposes minimal restrictions on the importation of seafood.
From page 74...
... To date, the marine aquaculture industry has not taken advantage of these possible opportunities. The aquaculture industry in the United States needs to become more informed about trade laws and programs that may be used to its benefit.
From page 75...
... Consumer Policies Development of policies and regulations that protect consumer interests and welfare must not be overlooked as the aquaculture industry grows. Ensuring seafood quality, safety, and wholesomeness is important not only for the consumer but also for the long-run stability of the industry.
From page 76...
... The major sources of pollution cited are human waste and chemical runoff. Chemical and microbial contamination in culture water and the use of therapeutic drugs are growing concerns with aquaculture products (IOM, 1991~.
From page 77...
... The uniqueness of this role necessitates special consideration and policy appropriate to stock enhancement. The role of the private sector in all forms of stock enhancement, including ocean ranching, in public waters is poorly defined.
From page 78...
... In light of the likely expansion of marine stock enhancement efforts, the nation needs a comprehensive policy to guide its actions. Such a policy should provide for the following: · A careful, unbiased evaluation of past and present stock enhancement programs and practices should be undertaken with regard to their efficacy, cost-effectiveness, environmental problems, and potential payoffs.
From page 79...
... THE STATES AND MARINE AQUACULTURE The federal role in the promotion and regulation of marine aquaculture is circumscribed; in fact, the majority of laws and regulations that specifically authorize, permit, or control aquaculture operations are found at the state level. Significant differences exist among the states regarding marine aquaculture.
From page 80...
... The Aspen study found that regulation of marine aquaculture operations is more stringent than freshwater aquaculture operations and that the most difficult, time-consuming, and costly hurdles were presented by land and water use regulations, such as water appropriation, stream alteration, coastal zone land use, wetlands permits, and special management area permits. No clear regional patterns explaining variations in the severity of compliance burdens were found.
From page 81...
... testing ground for the development of private ocean ranching—the development of this aspect of the marine aquaculture industry has been hampered severely by opposition from commercial fishing and other groups that express fears about the potential genetic effects of ocean ranching operations on the genetic makeup of the natural population (Mayo Assoc., 1988a)
From page 82...
... This comprehensive approach to resource planning has been instrumental in the development of the aquaculture industry in the state and has contributed to the fact that aquaculture is one of Hawaii's fastest-growing ocean industries (McDonald and Deese, 19881. The need for more effective policy for marine aquaculture development n Maine was documented in a 1987 report (Maine, 19871.
From page 83...
... and a law providing for fines and penalties for damage to aquaculture operations. In 1985 the legislature in South Carolina created a Joint Legislative Committee on Aquaculture, with a commitment to develop state policy and initiate state programs for aquaculture development.
From page 84...
... MANAGEMENT FRAMEWORK FOR MARINE AQUACULTURE Coastal Zone Management Act It is apparent that the states have substantial authority to plan for and manage various uses in the coastal zone, both on the land side and on the water side, up to current limits of state authority (3 miles offshore, in most cases)
From page 85...
... A new provision on marine aquaculture could be added to encourage the preparation, in conjunction with the relevant state fisheries and aquaculture agencies, of state marine aquaculture plans that would assess the desirability and feasibility of expansion of the state's aquaculture industry, and establish procedures and guidelines for the siting and conduct of marine aquaculture operations in the coastal zone.
From page 86...
... A framework is needed to provide an orderly process for the leasing and conduct of marine aquaculture operations to reduce the uncertainty that industry now faces in planning future activities. A management framework should have an environmental impact assessment requirement whereby potential environmental impacts can be identified and addressed; it should be aimed at identifying potential impacts on other users and evaluating appropriate strategies; it should provide a fair return to the public from the use of public waters, in the form of lease payments, royalties, and rents.
From page 87...
... In the case of the marine aquaculture industry, this goal could be accomplished through a variety of means, for example, by requiring that marine aquaculture firms operating offshore be at least 51 percent domestically owned. SUMMARY OF POLICY ISSUES AND OPTIONS Lack of National Leadership/ Insufficient Promotion Efforts The federal government's policies to promote marine aquaculture have been confined to relatively easy and low-cost items (e.g., general policy statements of support, conduct of studies)
From page 88...
... . In the coastal zone, marine aquaculture is not included as a recognized use under the federal Coastal Zone Management Act.
From page 89...
... CONCLUSION The key to finding the combination of measures that will improve the ability of marine aquaculture to function on an equal footing with other activities in the coastal zone is for the state and federal agencies involved in promoting and/or regulating these activities to work cooperatively. The USDA, which was designated as lead agency for aquaculture through the National Aquaculture Improvement Act of 1985 and which serves as chair of the Joint Subcommittee on Aquaculture, is the obvious and appropriate focus of leadership for such cooperative actions.
From page 90...
... Interagency Committee for Aquaculture Development. California Aquaculture Association.
From page 91...
... 1977. NOAA Aquaculture Plan.


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