AQUACULTURE

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AQUACULTURE AND THE LAW AN UPDATE ON WEST
VIRGINIA ISSUES JANUARY 19, 2008
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• RESEARCH PROCESS
• REVIEW OF RELEVANT FEDERAL LAW
• A. U.S. CODE
• B. CODE OF FEDERAL REGULATIONS
• REVIEW OF RELEVANT STATE LAW
• A. WEST VIRGINIA CODE
• B. CODE OF STATE REGULATIONS
• C. CASE LAW
• INTERVIEWS WITH FISH GROWERS
• INTERVIEWS WITH GOVERNMENTAL ENTITIES

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• TOPICS RESEARCHED
• Status of Aquaculture Globally
• 2. The Clean Water Act, 33 U.S. Code 1251
• 3. Effluent Limitations Guidelines and New
  Source Performance Standards for Concentrated
  Aquatic Animal Production, Point Source Category
  40 CFR Part 451
• 4. The National Aquaculture Act of 1980 16 USC
  2801
• 5. The National Aquaculture Improvement Act of
  1985 16 USC 2802
• 6. The United States Joint Subcommittee on
  Aquaculture
• 7. State Statutory Schemes for Aquaculture --
  An Overview
• 8. Ownership of Beds and Banks of Streams in West
  Virginia
• Fish Pond Permits in West Virginia
• Fish Sales Licensure in West Virginia
• Bait Fish Licenses in West Virginia
• Release of Fish and Stocking Permits in West
  Virginia

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• Licenses to Take Fish for Commercial Purposes in
  West Virginia
• Permits to Take Fish for Scientific Purposes in
  West Virginia
• Water Pollution Control Act, 22 West Virginia
  Code 11
• Water Pollution Control Permit Fee Schedules, 47
  CSR 26

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INTRODUCTION On September 26, 1980, The
National Aquaculture Act was enacted by the
United States Senate and House of
Representatives. The act stated that it was the
policy of the United States to encourage the
development of aquaculture in the United States.
The act further stated that the principal
responsibility for the development of aquaculture
should rest with the private sector. In so
doing, Congress recognized U.S. aquaculture as a
viable approach to help meet food needs and
contribute to the solution of world resource
problems. This act further mandated a National
Aquaculture Development Plan.
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Prepared by a Joint Subcommittee on Aquaculture
on which officials of USDA, Commerce, Interior,
and nine other federal agencies, the first of
several plans was presented in 1983. It
designated USDA as the lead agency for
coordination and authorized the National
Aquaculture Information Center within the
National Agricultural Library. 16 U.S.C.
2801-2810 Membership Secretary of Agriculture
(permanent chair and member of Executive
Committee) Secretary of Commerce (member of
Executive Committee) Secretary of Interior
(member of Executive Committee) Secretary of
Energy Secretary of Health and Human Services
Administrator of the Environmental Protection
Agency Chief of Engineers Administrator of the
Small Business Administration Administrator of
the Agency for International Development
Chairman of the Tennessee Valley Authority
Director of the National Science Foundation
Governor of the Farm Credit Administration
Heads of other Federal Agencies as appropriate
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Since that time, there have been numerous
reincarnations of the plan. The National
Aquaculture Development Plan was established to
identify aquatic species that the Secretaries of
Commerce, Interior, and Agriculture determined
that have a significant potential for culturing
on a commercial or other basis. The plan
recommended actions that may be taken by the
public and private sector that include research
and development, technical assistance,
demonstration, extension education, and training
activities. The plan focused on aquaculture
facility design and operation, water quality
management, use of waste products (including
thermal effluents), effluent limitations,
nutrition and the development of economical feeds
(including natural food sources), genetics,
disease control, aquatic health, processing and
market development, and production management and
quality control.
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After the preparation of the plan, in 1985, the
National Aquaculture Act was amended as The
National Aquaculture Improvement Act. This
amendment stated that it is national policy to
promote aquaculture in the U.S. by encouraging
aquaculture activities and programs in both the
public and private sectors of the economy. This
act recognized that aquaculture in the U.S. is a
viable approach toward meeting global food needs
and provides resources for industrial materials,
pharmaceuticals, energy, and assists in pollution
control. 16 U.S.C. 2802
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In the years since the passage of the first
national aquaculture act, both federal and state
agencies have been working diligently to
establish an interstate and international market
for U.S. aquaculture products. In these years,
many states have developed their own aquaculture
development plans based on the National
Aquaculture Development Plan. These states have
been determined to promote responsible
development and management of aquaculture,
including an advance evaluation of the effects of
aquaculture development on genetic diversity and
ecosystem integrity, based on the best available
scientific information.
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Some states that have been successful in
developing their plans include Arkansas (1991),
Georgia (1996) West Virginia (1999) Indiana
(1997) Pennsylvania (2003) Florida
(2005-06) Missouri (1998) Massachusetts
(1995) Indiana (1989) Wisconsin (1990) Louisiana
(1992) Florida (2001) North Carolina (1988) New
York (1993) New Jersey (1995) Idaho (date), Maine
(1980) Hawaii (1979) Kentucky Ohio
(2001) Massachusetts (1995)
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AQUACULTURE CENSUS CONDUCTED BY THE
USDA Aquaculture production is a
billion-dollar industry, with sales of fish,
shellfish and related products growing by 11.7
percent over the past seven years
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Census results show that food fish including
catfish, perch, salmon, hybrid striped bass,
tilapia and trout accounted for 62 of all
aquaculture sales. Mollusks comprised 19 of
sales. Crustaceans, such as lobsters and shrimp,
and ornamental fish, such as koi and tropical
fish, each accounted for approximately 5 of
sales. They were followed by baitfish at 4 and
sport fish at 2.
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The 2005 count was the second nationwide
aquaculture census conducted by the U.S.
Department of Agricultures National Agricultural
Statistics Service (NASS). The first took place
in 1998. Results show that between 1998 and 2005,
U.S. sales of aquaculture products grew from 978
million to nearly 1.1 billion.
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Mississippi led the nation in sales of
aquaculture products, with 250 million dollars
in 2005. Arkansas, Alabama and Louisiana were
the other states with sales topping 100 million.
Louisiana had the largest number of aquaculture
farms. The states 873 farms were more than
double the number in any other state.
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The Census of Aquaculture collected detailed
information on issues including production
methods, water sources, sales, distribution and
farm labor. For the purpose of the census, an
aquaculture farm was any commercial or
non-commercial place from which 1,000 or more of
aquaculture products were raised and sold, or
distributed for restoration, conservation or
recreational purposes during the census year.
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A FEDERAL PERSPECTIVE ON AQUACULTURE A Quick
Summary
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• APPLICABLE FEDERAL LAW AFFECTING AQUACULTURE
  OPERATIONS
• EXAMPLES
• 1. NPDES Permits Aquaculture Projects and
  Concentrated Aquatic Animal Production Facilities
  
• 2. Aquaculture Waste Disposal Wells
• 3. Effluent Guidelines - New Regulation June
  2004
• 4. Federal Law on Hypoxia in the Gulf of Mexico
• 5. Food and Drug Administration
• Aquatic Life Water Quality Criteria Documents
• TOTAL NUMBER OF FEDERAL REGULATIONS 120
• 50 DIRECTLY AFFECT AQUACULTURE
• 70 INDIRECTLY AFFECT AQUACULTURE
• NATIONALLY MORE THAN 1200 STATE REGULATIONS
  THAT AFFECT AQUACULTURE

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• FEDERAL AGENCY INVOLVEMENT
• EPA
• US DEPARTMENT OF HEALTH AND HUMAN SERVICES
• FDA
• CENTER FOR FOOD SAFETY AND APPLIED
  NUTRITION
• CENTER FOR VETERINARY MEDICINE
• US DEPARTMENT OF AGRICULTURE
• APHIS
• COOPERATIVE STATE RESEARCH, EDUCATION AND
  EXTENSION
• FARM SERVICE AGENCY
• 4. US DEPARTMENT OF THE INTERIOR
• US FISH AND WILDLIFE SERVICE
• U.S. GEOLOGICAL SURVEY
• 5. US DEPARTMENT OF COMMERCE
• NATIONAL MARINE FISHERIES SERVICE
• NATIONAL SEA GRANT COLLEGE PROGRAM

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A WEST VIRGINIA PERSPECTIVE ON AQUACULTURE A
Quick Summary
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• APPLICABLE STATE LAW AFFECTING
• AQUACULTURE OPERATIONS
• West Virginia Water Pollution Control Act (WV
  Code 22-11-et seq)
• Solid Waste Management Rule (WV CSR 33-01) (West
  Virginia Code 22C-3-et seq)(West Virginia Code
  22-15- et seq)
• Sewage Sludge Management Rule (WV CSR 33-02)
  (West Virginia Code 22-15-20)
• Standards for Beneficial Use of Materials Similar
  to Sewage Sludge (WV CSR 33-08) (West Virginia
  Code 22-15-22(b)
• Hazardous Waste Management Rule (WV CSR 33-20)
• National Pollutant Discharge Elimination System
  (NPDES) Program (WV CSR 47-10) (West Virginia
  Code 20-5A-3)

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• 7. WV Aquaculture Farm Rules (WV CSR 61-23)
• 8. WV Fish Processing Rules (WV CSR 61-23A)
• Sewage Treatment and Collection System Design
  Standards (WV CSR 64-47)
• Commercial Sale of Wildlife (WV CSR 58-63)
• Miscellaneous Permits and Licenses (WV CSR
  58-64) (Sales and Ponds West Virginia Code
  20-2-48) (Commercial Fishing West Virginia Code
  20-2-53)
• Catching Selling Bait Fish (WV CSR 58-62)
  (West Virginia Code 20-2-55)
• Animal Disease Control (WV CSR 61-01)
• Certified Pesticide Applicator Rules (WV CSR
  61-12A)
• Fish Importation Permit (WV Code 20-2-13)

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• 16. Special Rules (Office of Water Resources)
  (Industrial waste) (WV CSR 47-11)
• General Groundwater Protection Rules for
  Pesticides (WV CSR 61-12G)
• Water Well Permit Sewage System Permit (West
  Virginia Code Chapter 16) (WV CSR 64-9, 64-47,
  64-19, 64-3)
• Fishing Regulations (WV CSR 58-60)
• Release of Fish and Stocking Permit (West
  Virginia Code 20-2-64)
• License to Take Fish for Commercial Purposes
  (West Virginia Code 20-2-59)
• Permit to Take Fish for Scientific Purposes
  (West Virginia Code 20-2-50)

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• STATE AGENCY INVOLVEMENT
• West Virginia Department of Environmental
  Protection
• West Virginia Department of Agriculture
• West Virginia Department of Natural Resources
• West Virginia Bureau of Public Health
• West Virginia Bureau of Commerce
• West Virginia Department of Tax and Revenue
• Public Land Corporation

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• FEDERAL LAW
• CURRENT TOPICS
• THE WORK OF THE JSA EPA
• NEW EFFLUENT GUIDELINES
• NATIONAL AQUATIC ANIMAL HEALTH PLAN

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Environmental Protection Agency 4 Areas of
Involvement The U.S. Environmental Protection
Agency has several programs involved in
aquaculture. The proper management of effluents
and residual wastes should be a major
consideration of aquaculture systems in assuring
the protection of the environment. EPA's Water
Quality Programs are concerned with setting
Water Quality Criteria, Monitoring Shellfish
Waters and Effluent Discharge Standards for
assuring the protection of the nation's waterways
and water supplies. The National Pollutant
Discharge Elimination System (NPDES) issues
Permits for the discharge of wastewaters to
surface waters, including discharges from
aquaculture systems in many cases. Permits are
also available from this program to use wastes as
nutrients in public waters for aquaculture
purposes. Wastewater Treatment in publicly owned
treatment works is amenable to the use of
aquaculture systems funded, in part, by EPA's
State Revolving Fund (SRF) Program. In
conjunction with the U.S. Army Corps of
Engineers, EPA also implements the Clean Water
Act Section 404 Wetlands Protection Program aimed
at protecting natural wetlands from the impacts
of dredging and filling. Chemicals and other
materials to be used in aquaculture are subject
to Pesticide Registration by EPA prior to
marketing to the user
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JSA UNITED STATES JOINT SUBCOMMITTEE ON
AQUACULTURE Aquaculture Information
Technology Transfer Task Force National Aquatic
Animal Health Task Force Shrimp Virus Task Force
Aquaculture Economics and Statistics Special
Project Working Group on Aquaculture Drugs,
Biologics, and Pesticides Aquaculture Effluents
Task Force National Aquaculture Science and
Technology Task Force THIS SUBCOMMITTEE WORKS
CLOSELY WITH THE EPA
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• JSA
• RECENT WORK
• Working Group on Quality Assurance in Aquaculture
  Production
• GUIDE TO DRUG, VACCINE, AND
• PESTICIDE USE IN AQUACULTURE
• January 2004 Revision
• 2. Effluent Limitations Guidelines and New
  SourcePerformance Standards for the Concentrated
  Aquatic Animal Production Point Source Category
   
• Federal Register August 23, 2004 (Volume 69,
  Number 162) Rules and Regulations Page
  51891-51930
• _______________________________________________

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• National Aquatic Animal Health Plan
• Memorandum of Understanding on the Issuance of
  Health Certificates for the Export of Live
  Aquatic Animals
• April 2004
• --Between the USDA, APHIS, US Department of
  Commerce, NOAA Fisheries and the United States
  Department of the Interior, FWS
• --Delineates responsibilities for the management
  of aquatic animal health in the United States and
  its territories
• EXAMPLES
• APHIS is the lead agency and is responsible for
  the issuance of export animal health certificates
  for farm-raised aquatic livestock
• FWS is the lead agency for freshwater wildlife
  and feral aquatic animals

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NEW EFFLUENT GUIDELINES 1. In January 1992, EPA
agreed to a settlement with the Natural Resources
Defense Council (NRDC) and others in a consent
decree that established a schedule by which EPA
would consider regulations for 19 industrial
categories. EPA selected the (CAAP) industry for
one of those rules. Issuance of the new effluent
guidelines completes all regulations addressed
under the settlement agreement. 2. The regulation
applies to approximately 245 facilities that
generate wastewater from their operations and
discharge that wastewater directly into waters of
the United States. This rule is intended to help
reduce discharges of conventional pollutants,
primarily total suspended solids. The rule is
also intended to help reduce non-conventional
pollutants such as nutrients. To a lesser extent,
the rule is intended to help reduce drugs that
are used to manage diseased fish, chemicals used
to clean net pens, and toxic pollutants (metals
and PCBs).
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• GUIDE TO DRUG, VACCINE, AND PESTICIDE USE IN
  AQUACULTURE
• Provides current information on federally
  regulated drugs, vaccines, and pesticides that
  may be used in aquaculture production and in
  aquatic sites according to product label
  directions.
• 2. EFFLUENT LIMITATIONS GUIDELINES AND NEW
  SOURCE PERFORMANCE STANDARDS FOR THE CONCENTRATED
  AQUATIC ANIMAL PRODUCTION POINT SOURCE
• The final rule applies to existing and new CAAP
  facilities with the following characteristics
• Use flow-through, recirculating, or net pen
  systems
• Directly discharge wastewater
• Produce at least 100,000 pounds of fish a year

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In additional to the specific bodies of federal
law specifically referenced herein, there are
other bodies of law that indirectly impact
aquaculture. The following is an examples of
this type of laws.
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LACEY ACT Background The Lacey Act was passed to
prohibit the international and interstate
trafficking of illegally obtained wildlife and
fish or parts thereof. A violation of the Lacey
Act may constitute a federal felony offense and
under federal sentencing guidelines the penalties
for even minor infractions can be quite
severe. Interstate transportation of wildlife,
fish, or parts thereof that violates a state law
in the receiving state or the state shipped from,
is a Lacey Act violation. Thus, what may be a
misdemeanor state violation in both of the two
states involved, is immediately elevated to a
federal felony offense, simply because state
boundaries were crossed. The U.S. Fish and
Wildlife Service is the agency that enforces the
Lacey Act and their Enforcement Division has
historically applied this act to the
international and interstate movement of private
aquacultural products. In part this is because
the U.S. Fish and Wildlife Service does not
recognize the private ownership of aquacultural
products. The U.S. Fish and Wildlife Service
Director's Order Number 27 placed a low priority
on using the Lacey Act against aquacultural
producers except in instances where disease
transmission or non-indigenous fish species are
involved. Unfortunately, various Regional
Directors are interpreting this order differently
complicating interstate transport. This order
does not address private ownership of
aquacultural products.
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• WEST VIRGINIA LAW
• CURRENT TOPICS
• ROLE OF DNR VS. DOA vs. DEP
• CURRENT STATUS OF STATUTES AND REGULATIONS
• 3. COMPARISON OF REGULTORY SCHEMES

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• ROLES OF WEST VIRGINIA AGENCIES
• CURRENT STATUS
• MOST STATUTES/REGS ARE UNDER DNR
• West Virginia Department of Natural Resources
• a. Controls fish importation rules
• b. Controls Fish Sales and Fish Pond
  Licenses
• c. Controls Catching and Selling Bait
  Fish
• d. Controls Commercial Fishing
• e. Commercial Sale of Wildlife
• f. Controls Release of Fish and Stocking
  Permits
• g. Controls Licenses to take Fish for
  Commercial Purposes
• h. Controls Permits to take Fish for
  Scientific Purposes

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• Department of Agriculture
• a. Aquaculture Farm Rule
• b. Fish Processing Rules
• c. Animal Disease Control
• d. Certified Pesticide Applicator Rules
• 3. Department of Environmental Protection
• a. Water Polllution Control (NPDES
  permits)
• b. Hazardous Permitting
• c. Solid Waste Permitting
• d. Standards for Beneficial Use
• e. Sewage Sludge Management
• f. Industrial Waste
• g. Groundwater Protection
• h. Clean Water State Revolving Fund

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DNR VS. DOA Many of the more progressive
states have a structure whereby the Department of
Agriculture controls issues such as fish sales,
fish ponds, commercial fishing operations
licensing, disposal of dead fish, etc.. In these
states the DOAs works closely Environmental
Protection Agencies on the majority of legal
issues relative to aquaculture.
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Historically, wildlife and fisheries have been
regulated and monitored by the U.S. Fish and
Wildlife Service at the federal level and by
departments of wildlife and fisheries at the
state level. At both levels, laws and regulations
have focused on wild populations of game and
fish. As aquaculture developed in the United
States, many of these laws were at odds with it.
The cottage industry of aquaculture was put under
the jurisdiction of federal and state agencies
that historically regulated wild populations. In
1976, for example, the National Aquaculture Act
recognized aquaculture as an emerging industry,
but the Act placed the jurisdiction jointly with
the U.S. Fish and Wildlife Service and the U.S.
Department of Commerce. The U.S. Department of
Agriculture was designated in a supportive role.
Eventually, the U.S. Department of Agriculture
was designated the lead agency for aquaculture,
whereas at the state level the transition to
state agriculture departments has been slower
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EXAMPLE IDAHO An aquaculture facility that
meets certain criteria or that the U.S.
Environmental Protection Agency (EPA) has
determined needs a permit is required to have a
National Pollutant Discharge Elimination System
permit prior to beginning to discharge. In Idaho,
these permits are issued by the EPA. In addition,
construction projects greater than one acre may
require coverage under a construction storm water
NPDES permit.   Commercial aquaculture
facilities must also be licensed by the Idaho
State Department of Agriculture.  As a condition
of licensing, all commercially licensed
aquaculture facilities must have their effluent
control facilities approved by DEQ. Idaho
Department of Agriculture regulations cover the
disposal of dead fish from aquaculture facilities
as well.
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EXAMPLE NORTH CAROLINA AQUACULTURE DEVELOPMENT
ACT 106-759.  Lead agency powers and
duties. (a)       For the purposes of this
Article, aquaculture is considered to be a form
of agriculture and thus the Department of
Agriculture and Consumer Services is designated
as the lead State agency in matters pertaining to
aquaculture. (b)       The Department shall have
the following powers and duties (1)       To
provide aquaculturalists with information and
assistance in obtaining permits related to
aquacultural activities (2)       To promote
investment in aquaculture facilities in order to
expand production and processing capacity
and (3)       To work with appropriate State and
federal agencies to review, develop and implement
policies and procedures to facilitate
aquacultural development. (1989, c. 752, s. 147
1997-261, s. 109.)
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EXAMPLE FLORIDA For support and plan for
continued industry growth, the Florida
Aquaculture Policy Act directs the Department of
Agriculture and Consumer Services to carry out a
variety of responsibilities. An important
component of the Act is a farmer advisory
committee, the Aquaculture Review Council.
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EXAMPLE KENTUCKY The Governors Office of
Agricultural Policy continues to work diligently
with the Kentucky Department of Agriculture, the
Kentucky Aquaculture Association, Kentucky State
University, and the Kentucky Aquaculture Task
Force in the development of an investment
strategy for a thriving aquaculture industry
within the Commonwealth.
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EXAMPLE PENNSYLVANIA ...  106.12. Contact
information.  (a)  Program inquiries and
applications shall be directed to  Aquaculture
Production Development ProgramBureau of Market
DevelopmentDepartment of Agriculture2301 North
Cameron StreetHarrisburg, Pennsylvania 17110
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EXAMPLE CONNECTICUT Connecticut General
Statutes Section 26-192a designates the
Department of Agriculture as the State's lead
agency for aquaculture regulation, development
and coordination. The Department chairs an
interagency planning and steering committee which
includes the Departments of Environmental
Protection, Consumer Protection and Economic
Development.
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EXAMPLE VIRGINIA The "lead" State Agency to
promote Virginia aquaculture is the Virginia
Department of Agriculture and Consumer Services
(VDACS) The Aquaculture Advisory Board advises
the Commissioner of Agriculture Established a
Fishery Resource Grant Fund to protect and
enhance aquaculture Licenses and permits issued
by the DOA
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EXAMPLE MARYLAND Uses and Aquaculture
Coordinating Council with permits and licenses
issued through the Maryland Department of
Agriculture and Maryland Department of the
Environment EXAMPLE GEORGIA Uses Aquaculture
Development Commission but DNR responsible for
many of their permits
51
EXAMPLE WASHINGTON Aquaculture operations must
register with the Washington Division of Fish and
Wildlife Focus in Washington is on marine
aquaculture Species Atlantic Salmon, Coho
Salmon, Steelhead Trout, Chinook Salmon (through
1998) All in marine waters, utilizing
state-owned aquatic lands
52
EXAMPLE SOUTH CAROLINA Aquaculture Permit
Assistance Office is a division of the Department
of Agriculture Assistance Office helps growers
get permits from all the various agencies Single
permit covers all aspects of operations The
facilitator of the office meets with Department
of Health and Environmental Control, director of
SC Department of Natural Resources and State
Budget and Control Board
53
EXAMPLE TEXAS Department of Agriculture is lead
agency charged with aquaculture activities The
Texas Department of Agriculture licenses
businesses that produce and sell cultured species
raised in Texas aquaculture facilities. Here you
can find out everything you need to know about
application requirements, processes and fees
related to aquaculture licenses. A wastewater
permit or exemption from permitting may be
required from the Texas Commission on
Environmental Quality (TCEQ) before an
aquaculture license may be obtained. BRIDGE,
TDA's new integrated licensing system, now allows
for many TDA-issued licenses to be renewed online
Natural Resource Conservation Commission
handles water appropriation permits in regards to
quantity
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EXAMPLE MISSISSIPPI Aquaculture is considered
to be Agriculture in which the Department of
Agriculture and Commerce is the responsible
agency for permitting Mississippi code
specifically recognizes that aquaculture is the
fastest growing segment of agriculture in the
United States Code is all-encompassing and
specifically states that the Department is
charged with responsibility to encourage and
support expanded and new growth in
aquaculture Have published guidelines for
aquaculture operations
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FISHING FOR SOLUTIONS IN WEST VIRGINIA A REVISED
AQUACULTURE PLAN IS NEEDED. THIS PLAN SHOULD BE
THE PRODUCT OF AN AQUACULTURE TASK FORCE THAT IS
LEGISLATIVELY APPOINTED AND COMPRISED OF INDUSTRY
EXPERTS, REGULATORS, PRODUCERS AND
RESEARCHERS THIS TASK FORCE SHOULD BE CHARGED
WITH ADDRESSING THE FOLLOWING ISSUES IN WEST
VIRGINIA
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• ADMINISTRATIVE AND JURISDICTIONAL OVERLAPS
• Need an Aquaculture Coordinator who
• a. Reports directly to the lead agency
• Department of Agriculture
• b. Organizes a one-stop permitting
• process
• c. Regularly consults with and
• coordinates the activities of all
  the
• various agencies (SC, VA, MD,
  MISS, GA, CONN, KY, ID, TX)

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• LEASING, TENURE, AND PERMITTING
• PRIVATE AND PUBLIC RIGHTS
• WITH REGARD TO ACCESS TO AND USE OF WATERS WHICH
  HAVE BEEN CLAIMED BY WV, WE NEED TO
• Develop a policy whereby rights of riparian
  owners to exclusive access can be determined and
  therefore relied upon by the riparian owner
• Clearly define the role of the DNR and PLC when
  it comes to their jurisdiction over water used
  for aquaculture operations
• Develop a policy supported by statute
  recognizes aquaculture as a economically
  beneficial use of public waters while preserving
  the publics rights to use these waters
• Balancing the rights of the public to use of
  waters and the economic value of the water to an
  aquaculturist is key.

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• CONTROL OF DISEASES
• DEVELOP A POLICY WHEREBY THE AQUACULTURE
  COORDINATOR SHOULD BE CHARGED WITH THE
  RESPONSIBILITY TO
• Coordinate the implementation of federal and
  state regulations on animal health by
  coordinating the activities of the various state
  agencies who provide services relative to disease
  outbreak, diagnostic services, use of
  pharmaceuticals, etc.

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• INTERSTATE TRANSPORATION OF PRODUCTS
• DEVELOP A POLICY WHEREBY THE AQUACULTURE
  COORDINATOR IS CHARGED WITH THE RESPONSIBILITY
  TO
• Coordinate importation and exportation policies
  with other states
• Implement a permitting system for the movement
  of fish among and between states and within the
  state of West Virginia

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TAX TREATMENT WEST VIRGINIA SHOULD IMPLEMENT TAX
POLICY WHICH Grants favorable tax treatment to
aquaculture operations in the form of exemptions
from sales or use taxes
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• STATUTORY OVERHAUL
• THE LEGISLATIVELY APPOINTED TASK FOR SHOULD, AS A
  PRIMARY GOAL, PROMULGATE REVISED STATUTES THAT
• Seek to centralize all statutes and regulations
  that impact aquaculture so that aquaculturists
  can easily locate and review the relevant rules
• Seek to centralize all statutes and regulations
  that impact aquaculture so that those charged
  with implementing and/or enforcing the policies
  clearly understand their roles and
  responsibilities

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LETS TALK MONEY. LAST, BUT NOT LEAST. WHILE
THE REGULATORY ENVIRONMENT IS A CRITICAL
COMPONENT OF ENCOURAGING GROWTH IN AQUACULTURE IN
WEST VIRGINIA, AN EQUALLY CRITICAL COMPONENT IS
THE LACK OF ANY SUBSTANTIAL GOVERNMENTAL POLICY
TO PROMOTE ECONOMIC DEVELOPMENT IN THE INDUSTRY.
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AN ENHANCED REGULATORY SCHEME IN WEST VIRGINIA
IS THE FIRST STEP IN CREATING AN ATMOSPHERE WHERE
POTENTIAL GROWERS WILL PERCEIVE A CLIMATE OF
SUPPORT IN WEST VIRGINIA THAT MATCHES THE NATURAL
RESOURCES AVAILABLE!
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A GROWER WHO CAN SHOW THE AVAILABILITY OF
RESOURCES AND A KNOWLEDGE OF HOW TO OPERATE
WITHIN THE CONFINES OF THE LAW WILL BE PERCEIVED
TO BE A GOOD RISK AND OPPORTUNITIES FOR
OBTAINING CAPITAL FOR START-UP AND EXPANSION WITH
BE ENHANCED
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• AS GROWTH BEGINS UNDER AND ENHANCED REGULATORY
  SCHEME, WEST VIRGINIA IS MUCH MORE LIKELY TO
• GAIN POLITICAL SUPPORT FOR GOVERNMENT PROGRAMS TO
  PROMOTE AQUACULTURE
• GAIN SUPPORT FROM OTHER INDUSTRIES (MINING FOR
  EXAMPLE) TO COOPERATE IN THE DEVELOPMENT OF THE
  INDUSTRY
• GAIN SUPPORT FROM THE PUBLIC IN GENERAL AS THEY
  RECOGNIZED THE ECONOMIC VALUE OF USING PUBLIC
  RESOURCES FOR AQUACULTURE OPERATIONS