· Is GA DNR CRD representing the green shaded areas as currently approved shellfish growing areas?

Terms and Conditions preceding the map state (emphasis mine) “Anchorage restriction areas means those areas within the estuarine areas of this state in any location that lies within 300 feet of a marina, 150 feet from a marine structure other than a marina, or within 500 feet of approved commercial shellfish growing areas and designated public harvest areas as determined by the department.”

· As much of the expanded shellfish growing areas include federally defined navigable waterways below the low water mark, has the US Army Corps of Engineers approved the designation USACE Nationwide Permit 48 (Ref 2 and 3) ?

· How much of the shellfish zones will be below the intertidal zone and be set aside for the mariculture technique utilizing cages suspended in the water column by floats?

· HB501 specifies that subtidal harvest zone leases must first be evaluated for impact against other public uses.  (Ref 4).  Has this been completed?  If so, may we examine the evaluations?  If not, what opportunity for public comment will you make available?

” Prior to offering a subtidal water bottoms lease, the department shall consider compatibility with other public uses of the marine and estuarine resources in proximity of the lease area that include, but are not limited to, navigation, fishing, swimming, and other forms of recreation.”

· GA DNR has adopted the federal framework of National Shellfish Sanitation Program (NSSP), requiring shellfish waters meet the NSSP requirements before being designated as approved.  Have these assessments been completed for all indicated areas? (Ref 5)

The boating group members seek a balance of interest among public access, waterfront property owners, and a resurgent shellfish industry.  

Your feedback to clarify the above points would be most appreciated. 

Reference:

1- https://gcmp.maps.arcgis.com/apps/webappviewer/index.html?id=b5a616ad152a462bad0b73cdb5eeb107

2 – USACE Nationwide Permit 48  Commercial Shellfish Aquaculture Activities (Sections 10 and 404)

3 – Section 10 of the Rivers and Harbors Appropriation Act of 1899 https://www.epa.gov/cwa-404/section-10-rivers-and-harbors-appropriation-act-1899

4 – HB 501 lines 341-346 http://www.legis.ga.gov/Legislation/20192020/185110.pdf

5 – US Food and Drug Administration – National Shellfish Sanitation Program https://www.fda.gov/media/98328/download

October 15 update:

Also, define “(ii)” below. Bottom leases may be granted in areas with minimum width of 200.’ Does this mean that eligible areas must be at least 200’ wide, or does it mean that areas under 200’ cannot be leased?

 “(6) Leasing of State-Owned Water Bottoms Terms, Siting, other Considerations.

(a) The term of a state-owned water bottoms lease shall not exceed ten years and is subject to such provisions, requirements and conditions as determined by the Department. Leases may be renewed for additional terms if the lessee is in compliance with the terms of the current lease.

(b) Subtidal water bottoms leases shall be sited in accordance with the following criteria: (i) In Approved Shellfish Growing areas as determined by the department;

(ii) In areas with a minimum width of 200 feet at mean low water;

(iii) In areas with a minimum depth of not less than 6 feet at mean low water; and….“

Good morning.  I heard back from my contacts at GA DNR regarding placement of oyster cages within the AIWW and here is their response-

“Oyster cages will not be placed within 150ft of any federally-maintained channel.  The ACOE may apply more strict criteria as shellfishermen go through their process, also.”

They also sent me the Shellfish Rule which is attached. 

Brad

The pertinent lines from the rules (Shellfish Rule 391-2-4-.19) are: 

(c) Any boundary of a subtidal water bottom lease shall not be within the following:
(i) 150 feet of a federal project, such as a federally maintained channel;

As Ted stated, this GA DNR rule does not correlate with what is shown on the DNR website maps.

Larry