Army Corps opens comment period for aquaculture

It's been nearly six months since shellfish aquaculture regulations were adopted in Delaware, but farming won't begin until the U.S. Army Corps of Engineers approves the state's proposal to issue aquaculture leases in the Inland Bays.

The corps' Philadelphia District will accept public comment from residents as well as federal and state agencies regarding Delaware's commercial shellfish aquaculture program until Monday, Feb. 23. Delaware is the last state on the East Coast to establish commercial aquaculture, which will require leasing subaqueous land in the Inland Bays.

Opponents of commercial aquaculture in the Inland Bays want the corps to deny Delaware's plan, citing the location of some lease areas – specifically in Little Assawoman Bay and Beach Cove in Indian River Bay – as well as the types of gear that will be used, working hours for farmers, and resulting noise, possible debris and interference with navigation. A major issue has been requirements for demarcating the one-acre farming plots with visible pipes and buoys.

“Public rights should not be so easily given away for private, commercial uses such as shellfish farms,” said Diane Maddex, president of Water's Edge Condominium Association and founding member of the Coalition for Little Assawoman Bay, which represents 240 property and business owners.

The state regulations were adopted after more than a year of studies, multiple public workshops, a public hearing May 21, 2014, and a public comment period that ended June 5, 2014.

The regulations were developed by the Department of Natural Resources and Environmental Control, with the assistance of a Tiger Team created in 2012 to study the feasibility of aquaculture in the Inland Bays and to identify specific shellfish aquaculture development areas, or SADAs. The Tiger Team included representatives from the Delaware Center for the Inland Bays, the University of Delaware Sea Grant program, Sussex County Economic Development Office, state departments, and representatives with aquaculture, commercial clamming and recreational interests.

After more than a year of studies and public meetings, DNREC adopted most of the Tiger Team's recommendations and established eight lease areas with a total of 442 one-acre potential farming sites.

However, the corps will have the final say regarding how commercial shellfish aquaculture is executed in the Inland Bays.

Maddex said the shallow water and poor water quality in Little Assawoman Bay provide inhospitable conditions for growing healthy, edible shellfish. Opponents have repeatedly said the pipes expected to demarcate leased areas will destroy the vistas that bring tourists to the area.

“There are good reasons why clams and oysters haven't grown naturally here in many decades,” Maddex said. “Equally important, placing commercial shellfish farms in the middle of a bay that is now devoted to recreation will destroy this tourism magnet and economic contributor to the state's economy.”

Future farmer Steve Friend of Georgetown – who has spent more than $45,000 to break into the aquaculture industry – said he understands concerns voiced by opposing residents, especially the requirement to mark the corners of one-acre plots with PVC pipes. However, he said, those are DNREC's requirements to obtain a permit, and locals should give the new industry a chance.

“Nobody's going to get hurt,” he said. Friend noted concerns with kayakers falling on aquaculture cages, which he said won't cause injury because they have no sharp edges and are made of coated wiring.

“It's just sad so many people won't give us a chance,” he said. “I think it's a good thing for the state of Delaware to get into, and it's going to clean up the water.”

Once public comments are reviewed, the corps may make a decision or require more information and studies from the state. A public hearing may also be held if requested; Maddex said the coalition will request one.

If approved, Delaware must post a 30-day notice in two newspapers before the leasing process could begin. A time frame for leasing and application reviews will be determined after the corps' decision, DNREC environmental scientist Zina Hense said. Hense added that the corps is specifically reviewing a regional condition to a national permit by examining the SADAs and looking at the ways shellfish aquaculture could be conducted in those areas.

Potential farmers still have a lengthy process before aquaculture can begin. If the corps approves the state's request, Delaware's Division of Fish and Wildlife would review applications for individual aquaculture leases.

Obtaining an aquaculture permit through the state will require the following: an approved application form, a business and operation plan, testing of sites for clam density, issuance of a corps permit, a secured performance bond and liability insurance, survey of boundaries and marking of corners of each lease site before farming can begin.

Written comments can be emailed to edward.e.bonner@usace.army.mil or mailed to the District Engineer, U.S. Army Corps of Engineers, Philadelphia District, Wanamaker Building, 100 Penn Square East, Philadelphia, PA 19107-3390.

To view Delaware's proposal, go to www.nap.usace.army.mil/Missions/Regulatory/PublicNotices/tabid/4660/Article/562206/20122015-006.aspx.