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Scramble to re-issue permits for area shellfish farms underway following lawsuit


Scramble to re-issue permits for area shellfish farms underway following lawsuit
By Kimberly Cauvel, Skagit Valley Herald
Published: February 26, 2021, 7:34am
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Shellfish farms in the state and the agencies that issue them operating permits are scrambling to complete farm-by-farm paperwork following litigation over whether a former permitting system ensured adequate protections for the marine environment.
Pacific Coast Shellfish Growers Association Executive Director Margaret Pilaro said many farms are facing uncertainty, including about whether they will be able to plant new crops of young oysters and clams this spring.
“This is the crunch time and this is the time that people are the most panicked because it’s farming: You grow your crops, you sell your crops, you grow your crops, you sell your crops and … it has been interrupted because until they get their permit they can’t plant,” she said. ....

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U.S. Army Corps Issues Final Nationwide Permits for Aquaculture | K&L Gates LLP


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On 13 January 2021, the U.S. Army Corps of Engineers (USACE) published its final rule (Final Rule) reissuing and modifying certain nationwide permits (NWP).
1 The Final Rule modifies and reauthorizes NWP 48, Commercial Shellfish Mariculture Activities, and creates two new NWPs: NWP 55, Seaweed Mariculture Activities, and NWP 56, Finfish Mariculture Activities. Our prior alert discussed the revisions to NWP 48 and the proposed NWPs 55 and 56: U.S. Army Corps Proposes New Nationwide Permits for Seaweed and Finfish Aquaculture in Coastal Waters and Updated the Existing Nationwide Permit for Shellfish Aquaculture. After responding to comments, the USACE issued the final NWPs, which are very similar to the draft NWPs, with some minor modifications. ....

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