(The Center Square) — Permitting is a costly regulatory hurdle among many U.S. industries with money, time, opportunity and business are all lost to the cumbersome grind of securing the government’s approval.
Consider the seafood industry, which President Donald Trump just threw a life-jacket.
Despite the United States controlling over four million square miles of prime fishing grounds, nearly 90% of seafood consumed domestically is imported, contributing to a trade deficit exceeding $20 billion, according to the executive order.
At the POWERS Summit and Expo hosted by the American Association of Port Authorities, U.S. Maritime Administrator Ann Phillips addressed the financial and operational challenges posed by inconsistent federal permitting processes for aquaculture facilities.
She highlighted that varying enforcement practices by the National Marine Fisheries Service under the Endangered Species Act have led to unpredictability and increased costs for aquaculture operators.
“It’s supposed to be the same everywhere. That’s an ongoing discussion. We understand the unpredictability and are working with marine fisheries. … There’s a growing sense that we need to do more and make the process the same everywhere”, Phillips said, as reported by The Business Journal.
The complexity of the current permitting landscape requires aquaculture ventures to navigate approvals from multiple federal agencies, including the EPA, U.S. Army Corps of Engineers, and NMFS.
This multi-agency oversight can lead to extended timelines and increased expenses, particularly when environmental assessments are involved. Industry experts suggest that pre-permitting designated ocean areas for aquaculture could streamline the process and reduce costs by conducting necessary reviews in advance.
The recent executive order issued by Trump ordered the Secretary of Commerce to “expand exempted fishing permit programs to promote fishing opportunities nationwide”, broadening the scope and accessibility of Exempted Fishing Permits.
EFPs are special authorizations issued by NOAA Fisheries that allow individuals or organizations to conduct fishing activities that are otherwise restricted under current regulations.
Trump issued a similar order in 2020, but it was struck down in court.
Both fish farms and offshore energy exploration projects must navigate a complex regulatory landscape, often involving multiple overlapping permitting requirements.
Each project typically undergoes individual assessments and approvals, including obtaining a National Pollutant Discharge Elimination System permit under the Clean Water Act, as well as consultations to ensure compliance with the Endangered Species Act and the Marine Mammal Protection Act
In 2022, Ocean Era announced that it was finally issued its NPDES four years after the company first applied.
“It has been over four and a half years since we first began the permitting for this project, and the staff in EPA and other Federal agencies have been incredibly persistent, thorough and unswervingly objective in their analyses, throughout the process,” CEO Neil Sims said in a news release. “This one permit is for a single batch of no more than 20,000 fish, in one small net pen. That’s about one-tenth the size of a commercial-scale net pen, and perhaps only 1 percent the scale of a full commercial farm. Permitting for research, demonstration and development projects should not be this hard.”
As part of the permit’s conditions, the company is required to develop four key documents covering water quality monitoring, quality control protocols, environmental mitigation strategies, and best practices for operations. According to Ocean Era’s project proposal, they require six permits in total for their fish farm.
“The project’s design incorporates an innovative approach to farming that combines fish and seaweed, which will promote nutrient cycling and enhance water quality,” the proposal states.
While the permit marked a milestone for the offshore aquaculture project, it’s still not the final green light. Ocean Era still needs authorization from the U.S. Army Corps of Engineers and must submit the required plans before it can begin operations, according to the National Sea Grant Law Center.
