Shellfish Aquaculture Permits in Oregon Step 5: Federal Regulatory Agency Permits and Approvals

Federal Regulatory Agency Permits and Approvals

There are multiple federal agencies that oversee aquaculture in Oregon, including the U.S. Army Corps of Engineers (USACE), NOAA Fisheries, the U.S. Fish and Wildlife Service (USFWS), and the U.S. Coast Guard.

U.S. Army Corps of Engineers Permit

Under Section 10 of the Rivers and Harbors Act, the USACE issues shellfish aquaculture permits for structures in or over navigable waters, such as cages, racks, trays, lines, and pilings. They also issue permits for "dredge and fill” activities, such as spreading gravel or mechanical harvesting, under Section 404 of the Clean Water Act. Depending on the scope of your project, you will need a federal permit under Section 10-only, or a federal permit under Section 10 and Section 404.

Set up a pre-application meeting with the appropriate Corps Regulatory Project Manager for guidance on the application process. You can apply for a federal permit using the Joint Permit Application (JPA), the Corps’ Permit Application, or the Nationwide Permit Pre-Construction Notice (PCN).

Note: The USACE consults with NOAA Fisheries and USFWS to permit a project that may affect a species listed as threatened or endangered under the Endangered Species Act (ESA). For more information on the ESA consultation process, visit the USACE webpage, the NOAA Fisheries West Coast Region ESA webpage, and the USFWS ESA Section 7 Consultation webpage.

Section 401 Water Quality Certification*

If your project involves dredging or filling material, such as the placement of shell or gravel without seed, you will need a Section 401 Water Quality Certification from the Oregon Department of Environmental Quality (DEQ) before the USACE can issue a federal permit. Ask the USACE if your project requires 401 certification.

If needed, visit DEQ Online to submit a 401 application, which must include:

• A federal permit application (JPA, Corps’ Permit Application, or Nationwide Permit PCN),
• Local land use approval (Line 11 in the JPA or a Land Use Compatibility Statement)
• A completed Request for Certification Form.

DEQ cannot review a 401 application until the federal permit application is active within the USACE system. Once DEQ completes the review, they issue the decision directly to the applicant and notify the USACE. Read more about the 401 Water Quality Certification process and the required application materials on DEQ’s website.

Federal Consistency Review

Projects permitted by the USACE must be consistent with the enforceable policies of a state’s federally approved coastal management program. As the lead agency for the Oregon Coastal Management Program (OCMP), the Oregon Department of Land Conservation and Development (DLCD) conducts federal consistency reviews in Oregon.

When you submit a federal permit application to the USACE, they send a “notification of review” letter and a copy of the application to DLCD. Once received, DLCD will ask you to submit all necessary data and information through the OCMP Federal Consistency Portal. DLCD will issue a decision of concurrence or objection within 180 days of initiating a federal consistency review. Visit the OCMP website and the OCMP Federal Consistency Portal to learn more about federal consistency review and submit your application materials.

Note: The USACE will issue a provisional notification of approval or disapproval before DLCD completes the federal consistency review. The USACE cannot issue a federal permit until DLCD concurs.

Private Aid to Navigation Permit*

There are other federal permits that may be required such as the Private Aid to Navigation (PATON) permit from the United States Coast Guard (USCG). If your project is in marine waters, it may require a PATON permit depending on the location and components of your shellfish farm. Contact USCG PATON Manager at (571) 607-1523 or D13-SMB-D13-PATON@uscg.mil to determine if your project will require a PATON.

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