State Adopts Aquaculture Criteria + New Application Process

The aquaculture public interest criteria (or guidance) were finalized at the August Fish and Game Commission (Commission) meeting. The criteria outline a series of inquiries and clarify the process for prospective aquaculture proposals (including shellfish growing in Tomales Bay and California waters). These unanimously adopted criteria will apply statewide. Alongside the criteria, an enhanced application review process was also adopted. 

We have been leading the NGO effort to increase transparency and develop and refine these aquaculture criteria for the last couple of years. Thank you to our partners for their support in getting this across the finish line! The successful adoption of these criteria results from extensive public comments (written and presented), as well as coordination with staff, Commissioners, and NGO partners. 

This guidance will help the Commission and the Fish and Wildlife Department (Department) in their new leasing decisions so that the Commission can ensure newly sited leases take into account important considerations such as impacts on our sensitive coastal environment, eelgrass habitat, recreation, and navigation. 

Our Interim Executive Director, Ashley Eagle-Gibbs, spoke on the aquaculture leasing criteria at the August Commission meeting on behalf of EAC and Heal the Bay, thanking the staff, Department, and Commission for their tireless and collaborative work and supporting the adoption of Draft 3 of the criteria. 

“We know…the criteria will serve their purpose, alongside CEQA [California Environmental Quality Act], providing transparent guidance for a public interest determination.” 

We specifically thanked the department for strengthening the eelgrass habitat language and using a precautionary approach. The additional guidance on the process will also provide increased transparency for all stakeholders. 

At the meeting, the Commission approved the Marine Resource Committee’s recommendation and directed staff to work with the Department and other agency partners to implement the proposed enhanced lease application process.

While the adoption of these criteria is an important step in ensuring that new aquaculture projects are appropriately sited, each project must be carefully reviewed and undergo a full CEQA evaluation. EAC continues to lead the statewide NGO aquaculture coalition and monitor any lease proposals for Tomales Bay. 

At the October Commission meeting, the Commission provided an update that they will be closely reviewing any new applications for state waters, which includes the San Andreas Shellfish application for Tomales Bay. These next steps in the new lease application review will be discussed at the November 16th Marine Resources Committee meeting. Staff is still working internally to best operationalize the criteria going forward, including conferring with other agencies. EAC will be closely reviewing any proposals for Tomales Bay. 

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