Presentation at Shellfish Aquaculture in Federal Waters Workshop May 15 & 16, 2019 Cat Cove Marine Lab, Salem State University, Salem MA 01970 In 2012, we applied for an U.S. Army Corps of Engineers (USACE) permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 to establish a commercial scale (33 acre) offshore mussel farm off the coast of Cape Ann Massachusetts (NAE-2012-1598 NEMAC Aquaculture). In 2015 we were issued a permit with conditions from the USACE and NOAA that involved a phased-in approach, in which three longlines could be deployed with gear designed to prevent and minimize possible entanglement as a pilot study coupled with extensive monitoring for interactions with species that are protected under the Marine Mammal Protection Act and Endangered Species Act, and their habitats. Additional conditions from the USCG required our longline headers to be submerged to a depth of 50 ft to account for possible deep draft vessels transiting through the area. This report will focus on the process of securing an USACE permit to establish this farm and disseminate what was learned about this process to others wishing to pursue offshore shellfish aquaculture.

1. ESTABLISHING
OFFSHORE SHELLFISH AQUACULTURE IN
FEDERAL WATERS OF THE ATLANTIC
Ted Maney, Mark Fregeau
Northeastern Massachusetts Aquaculture Center
(NEMAC)
Cat Cove Marine Laboratory, Department of Biology
Salem State University
Captain Bill Lee, FV Ocean Reporter, Rockport, MA

2. Permitting Process Timeline
• May 2012: NOAA Fisheries awarded a grant to permit and establish
a demonstration mussel farm in federal waters off the coast of
Massachusetts.
• July – August 2012: Selected 2 possible sites and conducted
preliminary surveys.
• September 2012: Held an informal conference with various state
and federal government agencies
– Determined that Site 2 was not feasible due to the fact that is was within the
Stellwagen Bank Marine Sanctuary (SBNMS) and mariculture activities are
prohibited.
– MA Coastal Zone Management requested an Environmental Impact Statement
to determine applicability for federal consistency
– Initial Permit Application submitted to ACOE pursuant to Sec 10 Rivers and
Harbors Act (33 USC Sections 401).
• December 21, 2012: Submitted Impact Report to ACOE and MA CZM
using format similar to other established permitted farms in coastal
waters.

3. • January 2013:
• MA CZM requests federal consistency review to NOAA Ocean
Service Office of Ocean and Coastal Resource Management
(OCRM).
• Notified of conflict with federal permitting in Northern
Temporary PSP Closure Area.
• March 19, 2013: OCRM Denies Commonwealth of MA Review of
Unlisted Activity based on permitting of coastal permits previously
issued.
• April 23, 2013: ACOE issues Public Notice (NAE-2012-1598)
• May 2013: Discussed alternate site outside PSP Closure Area at
Horseshoe Shoals and preparation to submit an ACOE permit
application.
• May 23, 2013: Public Comment period ended.
Permitting Process Timeline

4. Permitting Process Timeline
• June – November 2013: Resolution of concerns raised by USCG and
various NOAA offices.
• A Navigational Safety Risk Assessment (NSRA) was submitted to
the USCG (Aug 1, 2013).
• NOAA Office of National Marine Sanctuaries questioned
potential injury to sanctuary resources and proposed 2 alternate
sites
• Both are in MA state waters
• July 2013: Santoro Fishing Corporation submitted an application to
ACOE for a permit to farm mussels in a 28.5 acre site near Horseshoe
Shoals in Nantucket Sound just east of the permitted Cape Wind
farm.
– ACOE Issues Public Notice (NAE-2013-1584) on September 30, 2013.
• November 5, 2013: Based on the information provided in the NSRA,
the Coast Guard has no objections to the location of the mussel
aquaculture farm, provided prescribed recommendations are met.

5. Permitting Process Timeline
• November 13, 2013: Meeting at ACOE with NOAA Aquaculture,
Protected Resources, Stellwagen Bank National Marine Sanctuary,
and Essential Fish Habitats. Determined that a Biological
Assessment (BA) in the NOAA prescribed format be submitted for
review.
• January 2014: ACOE distributes Biological Assessment (BA) for the
NEMAC Farm NAE-2012-1598 site to concerned NOAA offices for
review.
• February 4, 2014: ACOE distributes NAE-2013-1584 Domenic
Santoro Aquaculture Biological Assessment to concerned NOAA
offices for review.
• March – Aug 2014: Requests for BA clarifications made and
responses supplied by both permit applicants.
• August 14, 2014: NOAA NMFS submits concurrence letter to ACOE
for NAE-2013-1584 Horseshoe Shoals site permit

6. Permitting Process Timeline
• August 21, 2014: NAE-2013-1584 Horseshoe Shoals permit issued by
ACOE.
• Sept – Dec 2014: Further requests for BA clarifications made by
NOAA PRD and SBNMS for NEMAC permit and responses supplied by
applicants.
• October 2014: Northern and Southern Temporary PSP Closures are
lifted.
• Dec 19, 2014: NOAA PRD and SBNMS issue Letters of Concurrence
that the NEMAC longline project is not likely to adversely affect any
NMFS listed species.
• January 7, 2015: ACOE issues permit NAE-2012-1598 to NEMAC,
Salem State University to establish offshore farm site.

7. Biological Assessment
I. Background / History
A. Project History
i Documentation of Relevant Correspondence
II. Description of the Action and Action Area
A. Discussion of Federal Action and Legal Authority /
Agency Discretion
B. Description of the Project Purpose and Objectives
C. Project Descriptions
i. Description of Project Activities
ii. Operational Characteristics of the Proposed
Project
iii. Description of Proposed Conservation
Measures
iv. Discussion of Underlying Action / Broader
Context / Interdependent and Interrelated
Actions
D. Discussion of Known Ongoing and Previous Projects
in the Action Area
i Fishing Activity In Area
ii Vessel Traffic
iii Fishing Closures
E. Project Area and Action Area Defined
F. Maps of Project Area and Action Area
III. Status of Species and Critical Habitat
A. Essential Fish Habitat (EFH) Designation
B. Endangered Species Act (ESA) Species Plan
IV. Environmental Baseline
A. Description of the Action Area and Project Area
B. Description of the Environmental Baseline
i Site profile
ii Faunal Analysis
V. Effects of the Action
A. Direct Effects
B. Indirect Effects
C. Effects from Interdependent and Interrelated
Actions
D. Effects from Ongoing Project Activities
i Fishing Activities
ii Vessel Traffic
E. Use of Best Scientific and Commercially Available
Data Monitoring Protocols:
i Biological Monitoring
ii Monitoring For Interactions With Protected
Species
iii Actions To Be Taken In The Event Of A
Marine Mammal Or Sea Turtle Entanglement
iv Monitoring Of Gear
v Invasives Monitoring And Prevention
vi Shipboard Testing Of Mussel Meat For
Saxitoxins (PSP)
vii Data Sharing Plan
G. Effects Determination for Listed Species and
Designated Critical Habitat
H. Decommissioning

8. Biological Assessment
1
NEMAC Mussel Farm Biological Assessment
NAE-2012-1598 NEMAC Aquaculture
Mark Fregeau (Permit Applicant)
Northeastern Massachusetts Aquaculture Center
Cat Cove Marine Laboratory
Salem State University
352 Lafayette Street
Salem, MA 01970
mfregeau@salemstate.edu
978-542-6705
Alternate Contact: Edward (Ted) Maney
Northeastern Massachusetts Aquaculture Center
Cat Cove Marine Laboratory
Salem State University
352 Lafayette Street
Salem, MA 01970
tmaney@salemstate.edu
978-542-6249
Site Proposed Location
The project is proposed in the Atlantic Ocean on the outer continental shelf 8.5 miles off Cape Ann,
Massachusetts and occupies a 1.44 million square foot area (33 Acres) around center point 42°41.000’ N -
70°27.000’ W (42.683333 N -70.45 W).
Corner Coordinates:
Longitude West Latitude North
70.452603° 42.685618°
70.447772° 42.685596°
70.447739° 42.681945°
70.452565° 42.681960°
Supplemental information for permit application (NAE-2012-1598 NEMAC Aquaculture) submitted the
US Army Corps of Engineers New England District.
20 December 2012
Second Revision January 2014
Third Revision 1 August 2014
55 Pages

9. Permitting Concerns
Impacts To Current Fisheries
• Minimal impact to established fisheries
– Vessel Trip Reports (NOAA/NMFS)
Navigation
• USCG Navigation Safety Risk Assessment (NSRA) required to determine
possible impacts to vessel traffic and set conditions to assure navigation
safety.
Endangered Species Protection
Essential Fish Habitats
National Marine Sanctuaries
• Not Likely to Adversely Affect (NLTAA) determination desired.
Environmental Protection Agency
• Water quality issues
Federal Consistency – State Agencies
• Review by NOAA Ocean Service Office of Ocean and Coastal Resource
Management (OCRM).

10. Permitting Concerns
Endangered Species Protection
• Not Likely to Adversely Affect (NLTAA) determination
desired
– Longline under tension
– break away links on marker lines
– Longline submerged at least 25 ft (surface feeding)
– Bottom clearance at least 60 ft (bottom feeding)
– Mussel grow lines less than 26 ft (8M)
– Report observations
– Frequent site visits
– No reported entanglements in other NE shellfish farms

11. Permitting Concerns
Navigation Safety
• The header ropes and submerged floats are submerged
to a minimal depth of 50ft.
• All surface buoys have breakaway links installed and
configured to be in compliance with 50 CFR 229.32.
• The mussel farm is properly charted though National
Oceanic and Atmospheric Administration (NOAA) prior to
any installation of gear.
• A notice of the mussel farm is advertised in the Coast
Guard Local Notice to Mariners at least 30 days prior to
the installation of gear.
• The site corners are clearly marked with non-lateral
lighted Private Aids to Navigation.

12. Army Corps of Engineers (ACOE) permit
(NAE-2012-1598 NEMAC Aquaculture)
• Issued January 2015: established a commercial
scale (33 acre) offshore mussel farm 7 nautical
miles off the coast of Cape Ann Massachusetts
(NAE-2012-1598 NEMAC Aquaculture).
• Conditions of permit allow the establishment of
up to 3-longlines as a pilot study to determine
feasibility and any possible habitat or protected
species interactions.

13. NEMAC Offshore Mussel Farm Site

14. Project Goals
• Establish pilot study of 3-longlines.
– Demonstrate feasibility
– Confirm “Not Likely to Adversely Affect any Endangered
or Protected Species”
• Submit for Permit Modification for site commercial
buildout of 32 longlines.
• Expand to develop “incubator farm” to encourage
and train potential farmers in offshore shellfish
aquaculture.
• Rationale: NOAA Marine Aquaculture Strategic Plan
2016 - 2020

16. Farm Site
View From
Surface
100 ft between
longlines
Lighted buoys
Pick up buoys Primary
Anchor

17. NEMAC Mussel Farm Set Up

18. Longline
Operation
From Bonardelli 1996

19. Establishing the First
Shellfish Aquaculture
Farm in Federal Waters
on the Atlantic Coast
• September 2016 Began
setting up longline
• 8 October 2016 Set out
3 – 15 ft. growlines with
1 – 3ft measured sock
• 13 September 2017
First Harvest
(Experimental)

20. Establishing the First
Shellfish Aquaculture
Farm in Federal Waters
on the Atlantic Coast
• 15 October 2018 - Second
Experimental Harvest of 250 lbs
• Tested for PSP toxins by MA
DMF

21. Mussels at Harvest
• Grow as well as coastally
(Faster?)
• Depth is not an issue
• Minimal fouling – Ectopleura
hydroid only
• Feed year round

22. Growth
Measurements
• Mussels grow an
average of
4.5mm/month
• Harvest size (55mm) in
10 – 12 months
• 32 - 46 Average
Condition Index (CI)
• (Wet Meat /Shell) x
100

23. Issues
Wild SeedAlexandrium fundyense Blooms
Mussels are sampled by MA DMF
High PSP toxin counts throughout July 2017
Below threshold 2018
Photo Credit: Woods Hole Oceanographic Institution
Marine Mammal and other Protected Species
Interactions? Header Line Settlement

24. Longline Integrity
• 3 major storm events (max waves recorded at
Jeffrey’s Ledge)
– September 2017 Hurricane Jose
• 25 ft (7.7m)
– January 4, 2018 Bomb Cyclone
• 48 ft (14.7M)
– March 3, 2018
• 27ft (8.2m)
• No movement of longline or loss of mussels

25. What’s
Next
• NOAA S-K funding 2018 – 2020
– Monitor for protected species
interactions
• Hydrophone
• Surface Time Lapse video
– Workshops and interested
participants
– Deploy 2 more longlines – Summer
2019
– Fully stock longlines to determine
harvest yields/processing –
Commercial Harvest in 2019
– Spat collection/hatchery seed
– Work with MA DMF and ISSP for
Shellfish Toxicity and Safe Handling
protocols for offshore shellfish
aquaculture.
– 2020 Permit renewal to build out to
commercial scale (32 Longlines)

26. Hatchery Project/Wild Spat Collection

27. Monitoring for Protected Species

28. Acknowledgements
• Mark Fregeau, Project Co-PI
• Captain Bill Lee, FV Ocean
Reporter, Rockport MA
• Captain Steve Fritch
• SSU Student Assistants
• Legal Sea Foods – Industry
Partner and Financial
Support
• NOAA S-K Funding 2018 –
2020
• https://www.facebook.com/
NEMACmussels/