Platforms for Mariculture

(1)

Platforms for

Mariculture

James G. Wilkins James G. Wilkins James G. Wilkins James G. Wilkins Lisa C. Schiavinato Lisa C. Schiavinato Lisa C. Schiavinato Lisa C. Schiavinato

Sea Grant Legal Program Sea Grant Legal Program Sea Grant Legal Program

Sea Grant Legal Program

Sea Grant Week 2005 Sea Grant Week 2005 Sea Grant Week 2005

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The Concept

  

 The use of offshore platforms for purposesThe use of offshore platforms for purposesThe use of offshore platforms for purposesThe use of offshore platforms for purposes

other than oil and gas, such as other than oil and gas, such as other than oil and gas, such as

other than oil and gas, such as

mariculture mariculture mariculture

mariculture, artificial reefs and sustainable, artificial reefs and sustainable, artificial reefs and sustainable, artificial reefs and sustainable fishery systems fishery systems fishery systems fishery systems   

 A 2004 CRS report claimsA 2004 CRS report claimsA 2004 CRS report claimsA 2004 CRS report claims mariculturemariculturemariculturemariculture isisisis

a a a

a ““““viable optionviable optionviable optionviable option”””” for satisfying consumerfor satisfying consumerfor satisfying consumerfor satisfying consumer demand while minimizing user conflicts demand while minimizing user conflicts demand while minimizing user conflicts

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Where Is It Being

Implemented Currently?

  

 Japan, Norway, Ireland and SpainJapan, Norway, Ireland and SpainJapan, Norway, Ireland and SpainJapan, Norway, Ireland and Spain

  

 The GraceThe GraceThe GraceThe Grace MaricultureMaricultureMaricultureMariculture Project is currentlyProject is currentlyProject is currentlyProject is currently

in the permitting stage and would be in the permitting stage and would be in the permitting stage and would be

in the permitting stage and would be

located approximately 10 miles offshore located approximately 10 miles offshore located approximately 10 miles offshore

located approximately 10 miles offshore

Ventura, California Ventura, California Ventura, California

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History of Petroleum

Platforms in Louisiana

  

 First overFirst overFirst overFirst over----water well drilled in Louisianawater well drilled in Louisianawater well drilled in Louisianawater well drilled in Louisiana

  

 Near shore and offshore productionNear shore and offshore productionNear shore and offshore productionNear shore and offshore production

peaked in 1970 peaked in 1970 peaked in 1970 peaked in 1970   

 Petroleum platforms had become primePetroleum platforms had become primePetroleum platforms had become primePetroleum platforms had become prime

fishing destinations fishing destinations fishing destinations

fishing destinations----production versusproduction versusproduction versusproduction versus attraction debate attraction debate attraction debate attraction debate   

 Federal and state requirements forFederal and state requirements forFederal and state requirements forFederal and state requirements for

removal of platforms concerned many removal of platforms concerned many removal of platforms concerned many

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History of Petroleum

Platforms in Louisiana

  

 Artificial Reef program designed toArtificial Reef program designed toArtificial Reef program designed toArtificial Reef program designed to

maintain fish habitat maintain fish habitat maintain fish habitat

maintain fish habitat 

 

 Ideas for aquaculture associated withIdeas for aquaculture associated withIdeas for aquaculture associated withIdeas for aquaculture associated with

platforms began in the 1980s platforms began in the 1980s platforms began in the 1980s

platforms began in the 1980s 

 

 2001:2001:2001:2001: ””””OffshoreOffshoreOffshoreOffshore MaricultureMaricultureMaricultureMariculture in the Gulf ofin the Gulf ofin the Gulf ofin the Gulf of

Mexico: A Feasibility Report Mexico: A Feasibility Report Mexico: A Feasibility Report

Mexico: A Feasibility Report”””” WaldemarWaldemarWaldemarWaldemar Nelson Nelson International

Nelson Nelson International Nelson Nelson International

Nelson Nelson International 

 

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Platforms for

Mariculture

_Mariculture

Task Force

  

 Established by resolution of of theEstablished by resolution of of theEstablished by resolution of of theEstablished by resolution of of the

Louisiana Legislature Louisiana Legislature Louisiana Legislature Louisiana Legislature   

 The purpose was to explore the feasibilityThe purpose was to explore the feasibilityThe purpose was to explore the feasibilityThe purpose was to explore the feasibility

of, and model policies relative to, the of, and model policies relative to, the of, and model policies relative to, the

of, and model policies relative to, the

development of a platform development of a platform development of a platform

development of a platform----basedbasedbasedbased mariculture

mariculture mariculture

mariculture industry in the Gulf of Mexicoindustry in the Gulf of Mexicoindustry in the Gulf of Mexicoindustry in the Gulf of Mexico

  

 Public meetings were held from AugustPublic meetings were held from AugustPublic meetings were held from AugustPublic meetings were held from August

2004 to January 2005 2004 to January 2005 2004 to January 2005

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Findings of Task Force

  

 Legal and institutional impediments existLegal and institutional impediments existLegal and institutional impediments existLegal and institutional impediments exist

in state territorial waters and the EEZ in state territorial waters and the EEZ in state territorial waters and the EEZ

in state territorial waters and the EEZ 

 

 Other studies have detailed regulatoryOther studies have detailed regulatoryOther studies have detailed regulatoryOther studies have detailed regulatory

issues in federal waters issues in federal waters issues in federal waters

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Findings of Task Force

  

 Proposed federal legislation could have aProposed federal legislation could have aProposed federal legislation could have aProposed federal legislation could have a

positive impact on offshore aquaculture positive impact on offshore aquaculture positive impact on offshore aquaculture

positive impact on offshore aquaculture 

 

 Available data supported the technologicalAvailable data supported the technologicalAvailable data supported the technologicalAvailable data supported the technological

feasibility of offshore aquaculture feasibility of offshore aquaculture feasibility of offshore aquaculture

feasibility of offshore aquaculture 

 

 Data to predict economic success areData to predict economic success areData to predict economic success areData to predict economic success are

lacking including the effects on other lacking including the effects on other lacking including the effects on other

lacking including the effects on other

sectors of the economy sectors of the economy sectors of the economy

sectors of the economy----fisheriesfisheriesfisheriesfisheries

  

 Liability issues in state and federal watersLiability issues in state and federal watersLiability issues in state and federal watersLiability issues in state and federal waters

are impeding aquaculture development are impeding aquaculture development are impeding aquaculture development

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Findings of Task Force

  

 Lease terms, and limiting public access toLease terms, and limiting public access toLease terms, and limiting public access toLease terms, and limiting public access to

aquaculture sites are also impediments aquaculture sites are also impediments aquaculture sites are also impediments

aquaculture sites are also impediments 

 

 Lack of data on environmental effectsLack of data on environmental effectsLack of data on environmental effectsLack of data on environmental effects

hinders development of public policy hinders development of public policy hinders development of public policy

hinders development of public policy----waterwaterwaterwater quality,

quality, quality,

quality, ““““genetic pollutiongenetic pollutiongenetic pollutiongenetic pollution””””, effects of fish, effects of fish, effects of fish, effects of fish farming farming farming farming   

 Oyster depuration is promising:Oyster depuration is promising:Oyster depuration is promising:Oyster depuration is promising: Vibrio Vibrio Vibrio Vibrio

vulnificus vulnificus vulnificus

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Recommendations of the

Task Force

  

 Monitor proposed federal legislationMonitor proposed federal legislationMonitor proposed federal legislationMonitor proposed federal legislation

  

 Identify solutions for mitigation liabilityIdentify solutions for mitigation liabilityIdentify solutions for mitigation liabilityIdentify solutions for mitigation liability

  

 Consider enacting a state counterpartConsider enacting a state counterpartConsider enacting a state counterpartConsider enacting a state counterpart

to to to

to the proposed federal Rigs to Reef Actthe proposed federal Rigs to Reef Actthe proposed federal Rigs to Reef Actthe proposed federal Rigs to Reef Act

  

 Review data and reports from the GraceReview data and reports from the GraceReview data and reports from the GraceReview data and reports from the Grace

Mariculture Mariculture Mariculture

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  

 Evaluate a need for a comprehensiveEvaluate a need for a comprehensiveEvaluate a need for a comprehensiveEvaluate a need for a comprehensive

study on the economic feasibility of a study on the economic feasibility of a study on the economic feasibility of a

study on the economic feasibility of a

platform platform platform

platform----basedbasedbasedbased mariculturemariculturemariculturemariculture industry inindustry inindustry inindustry in Louisiana Louisiana Louisiana Louisiana   

Use only native species derivedUse only native species derivedUse only native species derivedUse only native species derived

from Gulf of Mexico stock from Gulf of Mexico stock from Gulf of Mexico stock

from Gulf of Mexico stock 

 

 No stocking finfish into the wildNo stocking finfish into the wildNo stocking finfish into the wildNo stocking finfish into the wild

  

 Research to determine if oyster depurationResearch to determine if oyster depurationResearch to determine if oyster depurationResearch to determine if oyster depuration

operations would pose concerns or operations would pose concerns or operations would pose concerns or

operations would pose concerns or

limitations limitations limitations

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Federal Legal Issues

  

 No formal federal legal structure forNo formal federal legal structure forNo formal federal legal structure forNo formal federal legal structure for

mariculture mariculture mariculture mariculture   

 Federal laws on abandoned andFederal laws on abandoned andFederal laws on abandoned andFederal laws on abandoned and

decommissioned oil and gas platforms decommissioned oil and gas platforms decommissioned oil and gas platforms

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Aquaculture and

Mariculture

_Mariculture

in Louisiana

  

 Four state agencies have jurisdiction:Four state agencies have jurisdiction:Four state agencies have jurisdiction:Four state agencies have jurisdiction:

  

 Wildlife and Fisheries: aquatic life andWildlife and Fisheries: aquatic life andWildlife and Fisheries: aquatic life andWildlife and Fisheries: aquatic life and

mariculture mariculture mariculture mariculture   

 Natural Resources: coastal zoneNatural Resources: coastal zoneNatural Resources: coastal zoneNatural Resources: coastal zone

  

 State Lands Office: water bottoms and waterState Lands Office: water bottoms and waterState Lands Office: water bottoms and waterState Lands Office: water bottoms and water

column column column column   

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  

 Wildlife and Fisheries issuesWildlife and Fisheries issuesWildlife and Fisheries issuesWildlife and Fisheries issues mariculturemariculturemariculturemariculture

permits on a case permits on a case permits on a case

permits on a case----bybybyby----case basiscase basiscase basiscase basis

  

 State law prohibitsState law prohibitsState law prohibitsState law prohibits mariculturemariculturemariculturemariculture projects inprojects inprojects inprojects in

public waters public waters public waters

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State Legal Issues

  

 Prohibition on use of public waters forProhibition on use of public waters forProhibition on use of public waters forProhibition on use of public waters for

finfish aquaculture finfish aquaculture finfish aquaculture finfish aquaculture   

 State water bottom lease laws do notState water bottom lease laws do notState water bottom lease laws do notState water bottom lease laws do not

accommodate aquaculture accommodate aquaculture accommodate aquaculture accommodate aquaculture   

 CZMA ConsistencyCZMA ConsistencyCZMA ConsistencyCZMA Consistency

  

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Aquaculture Park Experience:

Implications for Offshore

Aquaculture

  

 LongLongLongLong----line oyster cultivation pilot project inline oyster cultivation pilot project inline oyster cultivation pilot project inline oyster cultivation pilot project in

state navigable waters state navigable waters state navigable waters

state navigable waters 

 

 Possible application for offshore use:Possible application for offshore use:Possible application for offshore use:Possible application for offshore use:

depuration, triploids depuration, triploids depuration, triploids depuration, triploids   

 Problems encountered:Problems encountered:Problems encountered:Problems encountered:

  

 State legal issuesState legal issuesState legal issuesState legal issues

  

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---Implications for Offshore

Implications for Offshore

Aquaculture

  

 Public Interest ReviewPublic Interest ReviewPublic Interest ReviewPublic Interest Review

  

 Mandate to protect publicMandate to protect publicMandate to protect publicMandate to protect public’’’’s right to frees right to frees right to frees right to free

navigation and access to public resources navigation and access to public resources navigation and access to public

navigation and access to public resourcesresources

  

 No problem permitting oil and gas No problem permitting oil and gas No problem permitting oil and gas No problem permitting oil and gas structuresstructuresstructuresstructures

  

 Jurisdiction over structural impediments toJurisdiction over structural impediments toJurisdiction over structural impediments toJurisdiction over structural impediments to

navigation extends to EEZ navigation extends to EEZ navigation extends to EEZ

navigation extends to EEZ

  

 Other Corps districts may have a differentOther Corps districts may have a differentOther Corps districts may have a differentOther Corps districts may have a different

emphasis emphasis emphasis

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Current Status of

“

_“

Platforms

_Platforms

for

Mariculture

_Mariculture

”

_”

in Louisiana

_{in Louisiana}

  

 Since the Task Force submitted its reportSince the Task Force submitted its reportSince the Task Force submitted its reportSince the Task Force submitted its report

to the Governor and Legislature, interest to the Governor and Legislature, interest to the Governor and Legislature, interest

to the Governor and Legislature, interest

has been expressed in sponsoring bills has been expressed in sponsoring bills has been expressed in sponsoring bills

has been expressed in sponsoring bills

related to its recommendations related to its recommendations related to its recommendations

related to its recommendations 

 

 No bill was filed during the 2005 legislativeNo bill was filed during the 2005 legislativeNo bill was filed during the 2005 legislativeNo bill was filed during the 2005 legislative

session, but one may be filed within the session, but one may be filed within the session, but one may be filed within the

session, but one may be filed within the

next two sessions next two sessions next two sessions