Shellfish Aquaculture Permits in Oregon Step 3: Choose Your Federal Permit Application

Step 3: Choose Your Federal Permit Application

The U.S. Army Corps of Engineers (USACE) issues federal permits for shellfish aquaculture (Step 5), and they have three different permit applications for you to choose from. These applications are also applicable for some state and local permits and approvals, therefore it is useful to consider which application you will use at the beginning of the process.

The Joint Permit Application is the most widely accepted option. Review the uses of the three permit applications below, and choose the application that is best for you depending on the scope of your project. See Step 5 for more information about the federal permitting process.

The Joint Permit Application (JPA)

• Can be used to apply for a federal permit from the USACE (Step 5),
• Can be used to apply for a removal-fill permit from Oregon Department of State Lands (DSL) (Step 6*),
• Can be used to apply for 401 water quality certification from the Oregon Department of Environmental Quality (DEQ) (Step 5), in conjunction with the Request for Certification Form,
• Can be used to satisfy the Coastal Zone Certification requirement for federal consistency review by Oregon Department of Land Conservation and Development (DLCD) (Step 5), and
• Can be used for local land use approval (Step 4).

The Corps’ Permit Application

• Can be used to apply for a federal permit from the USACE (Step 5),
• Cannot be used to apply for a removal-fill permit from DSL (Step 6*),
• Can be used to apply for 401 water quality certification from DEQ (Step 5), in conjunction with the Request for Certification Form and a Land Use Compatibility Statement (LUCS),
• Cannot be used to satisfy the Coastal Zone Certification requirement for federal consistency review by DLCD (Step 5), and
• Cannot be used for local land use approval; a LUCS form is needed (Step 4).

The Nationwide Permit Pre-Construction Notification (PCN)

• Can be used to apply for Nationwide Permit verification from the USACE (Step 5),
• Cannot be used to apply for a removal-fill permit from DSL (Step 6*),
• Can be used to apply for 401 water quality certification from DEQ (Step 5), in conjunction with the Request for Certification Form and a LUCS,
• Cannot be used to satisfy the Coastal Zone Certification requirement for federal consistency review by DLCD (Step 5), and
• Cannot be used for local land use approval; a LUCS form is needed (Step 4).

Permitting Steps

• Step 1: Scope Your Site
• Step 2: Apply for a Shellfish Plat Lease*
• Step 3: Choose Your Federal Permit Application
• Step 4: Local Government Review
• Step 5: Federal Regulatory Agency Permits and Approvals
• Step 6: Removal-Fill Permit*
• Step 7: Commercial Shellfish Food Safety Licenses
• Step 8: Mariculture Transport Permit

Contact

Teri King
Regional Aquaculture Coordinator - Oregon and Washington
West Coast Region
Office: (360) 999-7571
teri.king@noaa.gov