The National Sea Grant Law Center

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Categories: “Aquaculture”

  • Army Corps Finalizes Modified Nationwide Permit for Shellfish Mariculture While Litigation over Previous Version Continues
  • February 11th, 2021 — by Catherine Janasie — Category: Aquaculture Clean Water Act Coastal Management

  • On January 13, 2021, the U.S. Army Corps of Engineers (Corps) published a Final Rule for modified and new Nationwide Permits (NWPs). Among the new NWPs were three relevant to mariculture operations: NWP 48 for shellfish, NWP 55 for seaweed, and NWP 56 for finfish. The new NWPs will become effective on March 15, 2021.


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  • NOAA Fisheries Announces Regions to Host Nation’s First Aquaculture Opportunity Areas
  • August 24th, 2020 — by Zachary Klein — Category: Aquaculture

  • The National Oceanic and Atmospheric Administration’s Fisheries Division (NOAA Fisheries), also known as the National Marine Fisheries Services, announced on August 22, 2020 that two of the nation’s first Aquaculture Opportunity Areas (AOAs) will be in federal waters off southern California and in the Gulf of Mexico.


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  • USDA Announces Aquaculture Commodities Eligible for COVID Aid Program
  • August 17th, 2020 — by Zachary Klein — Category: Aquaculture COVID-19 Seafood

  • On August 11, 2020, the United States Department of Agriculture (USDA) issued a long-awaited announcement that certain aquaculture producers are eligible for financial assistance under the Coronavirus Food Assistance Program (CFAP). Although the program was originally launched by the USDA in April to provide assistance to agricultural producers impacted by the economic effects of COVID-19, the agency’s decision to include aquaculture came after a public comment period in June that gave producers and industry the opportunity to submit data demonstrating that various aquaculture commodities meet the criteria for CFAP eligibility.


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  • Fifth Circuit: Federal Government Can’t Regulate Aquaculture Under Magnuson-Stevens
  • August 5th, 2020 — by Zachary Klein — Category: Aquaculture Fisheries

  • On August 3, 2020, the Fifth Circuit Court of Appeals issued its much-awaited decision in Gulf Fishermens Association v. National Marine Fisheries Service. The litigation concerned the authority of the National Marine Fisheries Service (NMFS) to regulate aquaculture under the Magnuson-Stevens Fishery Conservation and Management Act (“Magnuson-Stevens” or “the Act”), which has been the primary federal mechanism for regulating wild fisheries since 1976. Although one member of the three-judge panel that heard the case dissented, the court ultimately affirmed the district court's ruling that a NMFS rule purporting to regulate offshore aquaculture in the Gulf of Mexico exceeded the agency’s statutory authority.


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  • NSGLC in the Field- Continuing our Work on Seaweed Aquaculture
  • March 5th, 2020 — by Catherine Janasie — Category: Aquaculture

  • This week, the National Sea Grant Law Center (NSGLC) traveled to Providence, RI to participate in the National Seaweed Symposium. Seaweed aquaculture is a budding industry in the United States, and the Symposium is part of a Seaweed Hub that will be run by Sea Grant programs on the East and West Coast, as well as the NSGLC, over the next three years.


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  • Fifth Circuit Hears Oral Arguments on Aquaculture Regulations in the Gulf of Mexico
  • January 13th, 2020 — by Zachary Klein — Category: Aquaculture

  • In September 2018, Judge Jane Milazzo of the federal Eastern District of Louisiana handed down a ruling that held the National Marine Fisheries Service (NMFS) overstepped its statutory authority by promulgating rules that would have permitted finish aquaculture operations in the Gulf of Mexico.


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  • Webinar Series to Feature Legal Research from Collaborative Shellfish Aquaculture Project
  • July 15th, 2019 — by Catherine Janasie — Category: Aquaculture

  • Throughout July and August, the National Sea Grant Law Center (NSGLC) will be hosting a webinar series to highlight the work and findings of its collaborative project, entitled “Overcoming Impediments to Shellfish Aquaculture through Legal Research and Outreach.”


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  • North Carolina Enacts New Shellfish Aquaculture Law
  • July 12th, 2019 — by Amanda Nichols — Category: Aquaculture

  • On June 21, North Carolina’s governor signed a bill into law that makes several critical changes to the state’s shellfish aquaculture leasing program. The bill—S.B. 648—was unanimously passed by the state’s Senate in early May, with the House doing the same on June 12. The final text of the bill was refined in a yearlong stakeholder process, and is drawn in part from a strategic plan for shellfish mariculture that was developed last year by the University of North Carolina Chapel Hill’s North Carolina Policy Collaboratory.


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  • Price Fixing Lawsuit Targets Norwegian Salmon Aquaculture Sector
  • June 12th, 2019 — by Amanda Nichols — Category: Aquaculture

  • In February, news broke that the European Union Commission’s Competition Authority had carried out unannounced inspections at the premises of several European aquaculture companies, including facilities owned by Norwegian companies Mowi, Grieg Seafood, and SalMar and Lerøy Seafood (as joint owners). Soon after, the Commission announced that the inspections were part of an investigation focused on accusations of anti-competitive cooperation in the Norwegian Atlantic salmon aquaculture sector.


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  • FDA Lifts Import Alert on AquAdvantage Salmon
  • March 14th, 2019 — by Amanda Nichols — Category: Aquaculture

  • On March 8, the U.S. Food and Drug Administration (FDA) announced that it would be deactivating the import alert it had previously imposed on AquaBounty AquAdvantage Salmon—fish that have often been termed “frankenfish” by the media. The lifting of this ban marks the first time that a genetically engineered (GE) animal product has been cleared for sale to U.S. consumers.


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  • Pesticide Sprayer’s Motion for Summary Judgment Fails in Lawsuit Filed by Crawfish Aquaculturists
  • November 14th, 2018 — by Amanda Nichols — Category: Aquaculture

  • On October 22, the court for the Western District of Louisiana denied a motion for summary judgment in Carline Fisheries. v. Vector Disease Control (No. 6:16-1506, 2018 BL 389535 (W.D. La. Oct. 22, 2018)). According to the aquaculturist plaintiffs in this case, Vector Disease Control (“Vector”), a pesticide spraying company, caused the deaths of numerous farmed crawfish when it aerially sprayed the insecticide Permanone over portions of Iberia Parish in November 2015, as part of an effort to control local mosquito populations.


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  • Florida Oyster Industry Continues to Struggle in the Aftermath of Hurricane Michael
  • November 1st, 2018 — by Grace Sullivan — Category: Natural Disasters Hurricanes Aquaculture

  • When Hurricane Michael made landfall on October 10, 2018, it claimed nearly forty lives across four states, and its aftermath continues to claim the livelihood of oystermen in Apalachicola, Florida. The town and bay of the same name are historically famed for their oysters, which once made up 90% of the wild caught oysters in Florida and 10% in the nation. Oil spill pollution, a drought, and a water use dispute decimated the native oysters in recent years, leading to a shift to aquaculture.


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  • Federal Court Vacates Gulf of Mexico Aquaculture Regulations
  • October 10th, 2018 — by Amanda Nichols — Category: Aquaculture

  • On September 25, a coalition of fishing and public interest groups, represented by the Center for Food Safety (CFS), won a lawsuit challenging National Marine Fisheries Service (NMFS) rules that would have permitted finfish aquaculture operations in the Gulf of Mexico.


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  • Standards for Farmed Fish Welfare: A Domestic and International View
  • October 5th, 2018 — by Amanda Nichols — Category: Aquaculture

  • Animal welfare has become a hot button issue in the aquaculture industry over recent years. There is great debate both in the United States and internationally over what degree of welfare protection, if any, farmed fish should be entitled to during their lives and at slaughter.


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