Platforms for

Mariculture

James G. Wilkins
Lisa C. Schiavinato
Sea Grant Legal Program
Sea Grant Week 2005
 The Concept
¾ The use of offshore platforms for purposes
other than oil and gas, such as
mariculture, artificial reefs and sustainable
fishery systems

¾ A 2004 CRS report claims mariculture is

a “viable option” for satisfying consumer
demand while minimizing user conflicts
 Where Is It Being
Implemented Currently?
¾ Japan, Norway, Ireland and Spain

¾ The Grace Mariculture Project is currently

in the permitting stage and would be
located approximately 10 miles offshore
Ventura, California
 History of Petroleum
Platforms in Louisiana
¾ First over-water well drilled in Louisiana
¾ Near shore and offshore production
peaked in 1970
¾ Petroleum platforms had become prime
fishing destinations-production versus
attraction debate
¾ Federal and state requirements for
removal of platforms concerned many
 History of Petroleum
Platforms in Louisiana
¾ Artificial Reef program designed to
maintain fish habitat
¾ Ideas for aquaculture associated with
platforms began in the 1980s
¾ 2001: ”Offshore Mariculture in the Gulf of
Mexico: A Feasibility Report” Waldemar
Nelson Nelson International
¾ Offshore Aquaculture Consortium study
Photo courtesy USGS
 Platforms for Mariculture
Task Force
¾ Established by resolution of of the
Louisiana Legislature
¾ The purpose was to explore the feasibility
of, and model policies relative to, the
development of a platform-based
mariculture industry in the Gulf of Mexico
¾ Public meetings were held from August
2004 to January 2005
 Findings of Task Force
¾ Legal and institutional impediments exist
in state territorial waters and the EEZ
¾ Other studies have detailed regulatory
issues in federal waters
 Findings of Task Force
¾ Proposed federal legislation could have a
positive impact on offshore aquaculture
¾ Available data supported the technological
feasibility of offshore aquaculture
¾ Data to predict economic success are
lacking including the effects on other
sectors of the economy-fisheries
¾ Liability issues in state and federal waters
are impeding aquaculture development
 Findings of Task Force
¾ Lease terms, and limiting public access to
aquaculture sites are also impediments
¾ Lack of data on environmental effects
hinders development of public policy-water
quality, “genetic pollution”, effects of fish
farming
¾ Oyster depuration is promising: Vibrio
vulnificus
 Recommendations of the
Task Force
¾ Monitor proposed federal legislation

¾ Identify solutions for mitigation liability

¾ Consider enacting a state counterpart
to the proposed federal Rigs to Reef Act
¾ Review data and reports from the Grace
Mariculture Project
¾ Evaluate a need for a comprehensive
study on the economic feasibility of a
platform-based mariculture industry in
Louisiana
¾Use only native species derived
from Gulf of Mexico stock
¾ No stocking finfish into the wild
¾ Research to determine if oyster depuration
operations would pose concerns or
limitations
 Federal Legal Issues
¾ No formal federal legal structure for
mariculture

¾ Federal laws on abandoned and

decommissioned oil and gas platforms
 Aquaculture and Mariculture
in Louisiana
¾ Four state agencies have jurisdiction:
z Wildlife and Fisheries: aquatic life and
mariculture
z Natural Resources: coastal zone
z State Lands Office: water bottoms and water
column
z Environmental Quality: water quality
¾ Wildlife and Fisheries issues mariculture
permits on a case-by-case basis

¾ State law prohibits mariculture projects in

public waters
 State Legal Issues
¾ Prohibition on use of public waters for
finfish aquaculture
¾ State water bottom lease laws do not
accommodate aquaculture
¾ CZMA Consistency
¾ Non-indigenous species
Aquaculture Park Experience:
Implications for Offshore
Aquaculture
¾ Long-line oyster cultivation pilot project in
state navigable waters
¾ Possible application for offshore use:
depuration, triploids
¾ Problems encountered:
z State legal issues
z Strong resistance by the Corps-NOD
Aquaculture Park Experience-
Implications for Offshore
Aquaculture
¾ Public Interest Review
z Mandate to protect public’s right to free
navigation and access to public resources
z No problem permitting oil and gas structures
z Jurisdiction over structural impediments to
navigation extends to EEZ
z Other Corps districts may have a different
emphasis
 Current Status of “Platforms
for Mariculture” in Louisiana
¾ Since the Task Force submitted its report
to the Governor and Legislature, interest
has been expressed in sponsoring bills
related to its recommendations
¾ No bill was filed during the 2005 legislative
session, but one may be filed within the
next two sessions