Aquaculture farms in Maine are cultivating blue sea mussels, oysters, Atlantic cod, halibut and salmon; clams, haddock, rainbow and steelhead trout, sea scallops, and even sand and bloodworms.

Aquaculture became a hot topic in the region in February of this year after Sewall Maddocks of the Boothbay Fish Company proposed a halibut fish farm in Linekin Bay during a presentation to Boothbay's Port Committee. During a March 15 scoping session, where Maddocks shared his ideas with the public, community members spilled out into the hall at the Boothbay Town Office to hear what he had to say and to ask questions.

In an effort to answer those questions, this article, the second in series of pieces on aquaculture, will detail the permitting process necesscary for a finfish aquaculture farm, such as the one Maddocks proposed. The entire process often takes one year to complete. In some cases, according to Jon Lewis, Aquaculture Environmental Coordinator at the Department of Marine Resources, some applications have taken up to two years to receive a lease.

A new finfish aquaculture farmer must get a lease for the location of the farm from the Department of Marine Resources (DMR). Maddocks said he plans to apply for a standard 10-year lease on a 1,000-foot by 1,200-foot area.

A general or individual permit is required from the Maine Department of Environmental Protection (MDEP). This agency pays particular attention to the water quality and environment in which a farm is proposed.

Also, a structure/gear permit from the U.S. Army Corps of Engineers (ACOE), including aquapods or fish pens, feeding buoys, moorings, buoys, etc. is required.

Lewis said after an application is submitted to DMR it moves through these other agencies (when applicable) for review:

-Inland Fisheries and Wildlife
-Department of Conservation,
-Harbor Pilot's Association
-National Park Service
-Marine Patrol
-Town Board of Selectmen
-Town Harbor Master
-U.S. Fish and Wildlife Service
-National Marine Fisheries Service
-U.S. Coast Guard (Private Aids to Navigation)

Any concerns brought up by state and federal agencies during the review process are taken into consideration by Marine Resources Commissioner Patrick Keliher when making his final decision.

Each permitting agency uses different criteria to determine whether or not an applicant will receive the necessary permits. (To view a complete application, as well as information about all pending applications statewide, go to www.maine.gov/dmr.)

Before an applicant can submit an application to DMR, a baseline environmental study must be performed. This includes, but is not limited to: an underwater video; water body floor sediment; measured dissolved oxygen levels; and water current data. Studies must be performed within a specific timeframe for both DMR and DEP.

Department of Marine Resources

In 1973 the state created the Maine Aquaculture Laws, which gave the Department of Marine Resources (DMR) authority to grant leases in state-owned waters. Ten years later, DMR created its own set of procedures and regulations related to aquaculture. (To view the laws, go to www.maine.gov/dmr/aquaculture.)

There are three types of aquaculture leases in Maine: a standard lease for up to 10 years (the one Maddocks is seeking); a non-renewable, 3-year experimental lease for no more than four acres; and a limited purpose aquaculture license, renewed annually, for some types of shellfish in up to 400 square feet.

For DMR to recommend leasing state waters for aquaculture, they must determine: whether the site will impede navigation for property owners within 1,000 feet; if the farm or its structure will interfere with existing commercial and recreational boating; if it will impact existing wild and marine life; if it will interfere with town, state or federally-owned land; it if meets lighting requirements; and what will the visual impact and noise levels will be, among other factors.

After receiving a completed application, DMR divers perform a site evaluation and environmental assessment by videotaping the water body floor.

Lewis, who has been diving for 15 years in Maine and aquaculture scientist Marcy Nelson (14 years) are the divers for aquaculture projects from Kittery to Calais, or any area that may be affected by an aquaculture site. Lewis said DMR looks at current velocity and direction. They also map out the site and surrounding area.

Once the data from the assessment is ready it is sent, along with the application, to the state and federal agencies for review. Later, a public hearing will be held to collect additional evidence and hear testimony from property owners with water rights near the site (riparian owners) and members of the public.

Once a public hearing is announced, individuals or groups that will be directly affected by a proposed lease site may apply to DMR for intervener status. If granted, they, along with all shorefront property owners within 1,000 feet will receive all information about the proposed project from application to the findings of fact and draft decision drawn up by DMR hearing officer Diantha Robinson.

Keliher is then sent the application, findings of fact and draft decision. Keliher makes the final decision after weighing all of the data, concerns (if any) from the other reviewing agencies and public comment. He may impose conditions on a lease. These conditions can come from the applicant him or herself, the hearing officer, or members of the public.

Army Corps of Engineers

The Army Corps of Engineers' role in the aquaculture permit process is derived from the Rivers and Harbors Act of 1899 and the Clean Water Act of 1972. A general permit is granted for projects and/or activities found to be of minimal impact in nature and typically have conditions attached to them.

Any structure or gear below the high tide line out to 200 nautical miles requires a permit from the Army Corps of Engineers. The ACOE has site requirements for finfish aquaculture with a general permit regarding how close the pods/pens can be to the shoreline, dock, park, etc. Permit holders are also expected to allow fishing and recreational boats within unused areas in the leased site.

The ACOE granted a general permit to Maddocks for one aquapod fish pen and a single feeding buoy secured to a single common mooring into Linekin Bay, south of Cabbage Island for testing and demonstration use. The permit cites October 12, 2016 as the expiration date.

The special conditions of the permit include: the project must be constructed as depicted in the 1/27/12 drawing prepared by Ocean Farm Technologies, Inc.; finfish (except for Atlantic salmon) can be grown there once all other permits are acquired; the pen must be lit and identified as required by the USCG's Aids to Navigation Standards. The permit for the mooring and buoy still requires approval of Boothbay's Harbor Master, Pete Ripley.

Department of Environmental Protection

The Department of Environmental Protection's (DEP) role in aquaculture is to ensure there is minimal impact to the environment in which an aquaculture farm is proposed. The DEP was authorized to administer aquaculture permits pursuant to the Federal Clean Water Act and the Federal Pollution Control Act.

Julie Churchill, Small Buisness Ombudsmen and point person on regulatory assistance, cited some of the data that DEP looks at in aquaculture applications.

“We look at basic water quality including dissolved oxygen levels, the number of fish to be in the farm, feed levels and floor sampling data,” Churchill said.

There are two types of permits: general and individual. Churchill said small farms with an annual yield of less than 20,000 pounds would be issued an individual permit, if all criteria is met. Larger farms are issued general permits.

The DEP is trying to find ways to improve the permitting process.

“Over the past year there has been more collaboration between DEP, DMR, the Maine Aquaculture Association and the Center for Cooperative Aquaculture Research (CCAR),” Churchill said. “This is a tightly regulated sector in a state with unique conditions – we have cold water and warm water for farming.

“We are all looking for ways that create economically viable and environmentally sustainable aquaculture.”

Proposed halibut aquaculture project

At present, Maddocks is still collecting the necessary baseline environmental studies for his application. Lewis said these must be completed between August and October for his DEP permit.

The group, Friends of Linekin Bay, is conducting a year-long study of the circulation, temperature, and dissolved oxygen characteristics of Linekin Bay, according to Friends member Mark Osborn.

“When completed, it will create a scientific model of the bay's present environmental condition that can be used for future planning purposes,” wrote Osborn in an email to the Boothbay Register. “I believe the study began in August of 2012.”