Offshore Aquaculture Permitting Guide

What Does This Guide Cover?

This guide covers aquaculture permitting within the U.S. Exclusive Economic Zone. This permitting process covers waters from 3 nautical miles to 200 nautical miles from shore in most areas around the Pacific Islands region, including around the State of Hawaiʻi.

Operations closer to shore—within state- or territory-controlled waters—may be subject to different permitting processes run by the respective governments. For operations in Hawaiʻi, the state has published information about permitting aquaculture operations within state waters. For aquaculture operations in the Commonwealth of the Northern Mariana Islands (CNMI), American Samoa, or Guam, contact the territorial government agencies listed below for aquaculture permitting information.

This guide focuses on scenarios most common in the Pacific Islands region, but it does not cover all aquaculture permitting situations. Questions about specific situations should be directed to the contacts provided for each agency below. 

For more information, see the detailed Guide to Permitting Marine Aquaculture in the United States.

What Are the Key Steps in the Permitting Process?

There are two key steps for permitting a new aquaculture operation in federal waters of the Pacific Islands region.

1) Planning

Before permitting begins, applicants should have a clear idea of the aquaculture operation they would like to establish. Key considerations include:

• Species raised 
• Business plans
• Gear needed
• Site of the operation

Learn more and explore resources on offshore aquaculture planning

2) Permitting

You may need permits from the following federal agencies:

• U.S. Army Corps of Engineers (USACE)
• Environmental Protection Agency (EPA)
• NOAA Fisheries
• U.S. Coast Guard (USCG)

Learn more about required federal permits

In some cases, you may also need permits from state/territory agencies:

• Hawaiʻi Department of Health
• Other agencies

View contact information for the state and territory permit process

Additional Consultation

You may also need to consult with:

• U.S. Department of Agriculture Animal and Plant Health Inspection Service
  The USDA provides consultation to improve animal health and safety as well as other support for aquaculture.
  Learn more about the USDA’s role in aquaculture
• U.S. Department of Defense
  The DoD can help confirm that the proposed project is compatible with long-term military plans.

Learn more about this consultation process through the Military Aviation and Installation Assurance Siting Clearinghouse

Will Potential Environmental Impacts Be Considered?

NOAA Fisheries and other federal permitting agencies consider many potential impacts throughout the permitting process. They consider individual impacts of one operation as well as the combined impacts of all permitted operations within an area.

Considerations include, but may not be limited to, protection measures for:

• Marine mammals
• Threatened and endangered species and their critical habitats
• Essential fish habitat
• Water quality
• Other fish and wildlife resources (e.g., health of wild fish stocks, sustainable food sources for farmed fish)
• Historic places (e.g., shipwrecks, historic buildings, etc.)
• National Marine Sanctuaries
• State coastal resources (Coastal Zone Management Act)
• Other requirements not here identified

The agency issuing a permit may need to conduct environmental analyses if any of these resources may be impacted by a new aquaculture operation. They may also need to consult with other federal agencies that have expertise in the subject area. Depending on the extent to which the protected resource would be impacted, the agency could decide to not issue a permit. This review process is legally required under multiple federal laws (links above).

NOAA Fisheries is currently working with the Western Pacific Fisheries Management Council to develop a permitting program for offshore aquaculture. Though this program is under development, the associated final programmatic environmental impact statement offers a more detailed analysis of potential environmental impacts considered in the siting process. 

What Must I Do Before Consulting?

Making plans before talking to regulators helps to keep meetings on track. The planning process includes multiple parts.

Develop a Plan

Choose the Species to Raise

Applicants can propose to culture one species or multiple species (polyculture). In the Pacific Islands, species are categorized by the Western Pacific Fishery Management Council as management unit species or ecosystem component species. The category of the species will impact which permits are needed. See the NOAA Fisheries section below for more information.

Applicants should also consider how they will stock or seed the operation. Is there a local supplier? If not, there may be additional permits needed to harvest or import stock animals.

Create a Business Plan

Some questions to consider include:

• What is the market price of the proposed species?
• What will be the operating costs?
• How long will it take to recoup initial investment? Will permits expire before the business becomes profitable?
• What land-based facilities will be needed to support the operation?

Choose Your Gear

Some considerations for gear selection include:

• Lines should be taut to avoid entangling wildlife.
• Gear should secure the farmed species to avoid escapes or consumption by wild predators.
• Materials should not leach pollutants into the water over time.
• Equipment should be resistant to severe weather events such as hurricanes.
• Gear should follow existing regulations applicable to marine resources.

Choose a Site 

Some factors to consider when researching potential sites include:

• Environmental conditions required by the farmed species
• Impacts on protected species and habitats
• Interactions with other ocean users such as fishers
• DoD or USCG activities
• Marine protected areas

Here are a few mapping resources that may help you research your potential site:

• Coastal Aquaculture Planning Portal (NOAA)
• OceanReports (NOAA/Bureau of Ocean Energy Management)
• Pacific Islands Ocean Observing System (University of Hawaiʻi at Mānoa)

What Federal Permits Do I Need?

Federal agencies issue different permits for different aspects of aquaculture operations. Depending on the specifics of the operation, some permits may not be required. Currently, applicants must apply to each agency separately to obtain the necessary permits.

U.S. Army Corps of Engineers

The U.S. Army Corps of Engineers issues permits for work and structures within navigable waters of the United States. It also issues permits for fill material (e.g., soil, rocks) in all U.S. waters.

• Many structures for seaweed, finfish, and shellfish aquaculture are permitted under nationwide permits 55, 56, and 48. 
• Nationwide permits may also cover polyculture.
• Projects that fall under a nationwide permit may require submitting a pre-construction notification.
• If the project does not fall under a nationwide permit, an individual permit may be required.
• Projects that fall under an individual permit must submit an application.
• USACE recommends scheduling a pre-application meeting before submitting any materials.
• When reviewing a permit application, USACE may consult with NOAA and U.S. Fish and Wildlife Service to make sure that the structure does not impact protected species, critical habitat, or essential fish habitat.

If you have questions, contact the USACE Regulatory Office or call (808) 835-4303.

Environmental Protection Agency

The EPA issues permits for pollution sources under the National Pollution Discharge Elimination System (NPDES). Depending on the scale and context of the operation, a permit may  be required. 

• Limu (seaweed) aquaculture generally does not require a NPDES permit. 
• Concentrated Aquatic Animal Production (CAAP) facilities generally require permits. In the Pacific Islands, which are classified as warm water, CAAP facilities are defined as facilities producing over 100,000 lb/year of the product species. Therefore, if your proposed operation will raise more than 100,000 lb/year of an animal species, the operation will likely need a NPDES permit.

NPDES permitting is thorough and may involve a public comment process.

• Video guide on NPDES permitting
• Aquaculture NPDES Permitting

If you have questions, see EPA contacts for Region 9.

NOAA Fisheries

Federal Aquaculture Fishing Permit Process in the Pacific Islands Region

NOAA Fisheries issues permits for harvesting activities that would otherwise be prohibited under the Fisheries Ecosystem Plans. In the Pacific Islands region, aquaculture is currently regulated as fishing.

For coral reef ecosystem component species, a Special Coral Reef Ecosystem Fishing Permit application is needed because aquaculture gear is not a generally allowed type of gear. See more details on Special Coral Reef Ecosystem Fishing Permits.

For management unit species and ecosystem component species , a permit for aquaculture gear is generally not required because aquaculture gear is not prohibited. However, some of these species are subject to annual catch limits, which should be taken into consideration if you’re planning on collecting broodstock. Management unit species include all limu (seaweed), all bivalves, and some finfish.

To determine the category of the species you are interested in raising, see the Fishery Ecosystem Plan for your area and scroll to the appropriate table.

• Management Unit Species and Ecosystem Component Species in the Pacific Islands Region (PDF, 91 pages)

Applicants seeking to capture wild animals or limu as broodstock may need to obtain additional permits.

In addition to reviewing fishing permits, NOAA Fisheries also consults with USACE to ensure protection for protected species, critical habitat, essential fish habitat, and habitats of particular concern.

If you have questions, contact the Regional Aquaculture Coordinator or call (808) 725-5186.

U.S. Coast Guard

An aquaculture facility might require a permit from the USCG since structures in the ocean will likely need to be properly marked. The U.S. Coast Guard must approve aids to navigation—items such as buoys and lights that mark structures. Submit a Private Aids to Navigation Application (CG_2554) for approval. Request this form using the contact information below.

If you have questions, contact District 14 PATON Manager or call (808) 535-3409.

What State/Territory Permits Do I Need?

State/Territory Permits

In some cases, aquaculture operations in federal waters may need additional permits from a state or territory. Permits may be needed for importing materials, use of land-based facilities, local sale of seafood, and more. Your operation may require additional permits beyond those listed below.

Please note that this section is limited to additional permitting that may be required by the state/territory for federal aquaculture operations. It is not an overview of the process for permitting aquaculture operations located in state or territory waters.

Learn more about permitting requirements in state or territory waters

Hawaiʻi 

Hawaiʻi Department of Health Shellfish Sanitation Certification Process

The Hawaiʻi State Department of Health regulates the production, transport, and sale of certain shellfish under the Shellfish Sanitation program. This program applies to shellfish that are sold within the State of Hawaiʻi.

• State of Hawai‘i Restaurant Health Inspection Portal
• Department of Health Food Safety Branch

If you have questions, contact Amanda Lowrey or call (808) 586-8000.

Northern Mariana Islands

Bureau of Environmental and Coastal Quality, Division of Coastal Resource
Management

If you have questions, contact Sam Sablan or call (670) 664-8301.

American Samoa

Department of Marine and Wildlife Resources

If you have questions, contact Domingo Ochavillo or call (684) 633-4456

Guam

Guam Department of Agriculture, Division of Aquatic and Wildlife Resources (DAWR)

If you have questions, contact:

• Brent Tibbatts  or call (671) 735-0289
• Frank Roberto or call (671) 735-0288

Where Can I Learn More About Aquaculture in the Pacific Islands?

• Aquaculture in the Pacific Islands Region
• Hoʻāla Loko Iʻa - Streamlined Permitting for Hawaiian Fishpond