Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts

(Version 09-04a)

Developed by: Massachusetts shellfish growers in collaboration with the SouthEastern Massachusetts Aquaculture Center with support provided by the Massachusetts Department of Agricultural Resources and the USDA Risk Management Agency

Compiled & Edited by: Dale F. Leavitt SEMAC & Roger Williams University Bristol, RI 02809

Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts

TABLE OF CONTENTS

Table of Contents i Forward iii Acknowledgements viii Introduction to the BMP Manual ix 1) Site selection and access 1 1-1) Legal association with adjoining uplands 3 1-2) Access to site 5 1-3) Layout and placement of nets and other gear 7 1-4) Habitat 9 1-5) Other users 13 2) Materials, operations, and maintenance 15 2-1) Sediment management 17 2-2) Onsite deployment and storage of gear 21 2-3) Onsite equipment management 23 2-4) Preparing for winter conditions 25 2-5) Use and management of netting 27 2-6) Controlling biofouling on submerged surfaces 31 3) Improvement of shellfish survival and productivity 33 3-1) Performance selection to improve productivity 35 3-2) Minimizing crop loss from predators 39 3-3) Environmental considerations 43

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4) Disease prevention and management 47 4-1) Impact of shellfish diseases 49 4-2) Transporting shellfish 53 5) Maintenance of environmental quality 57 5-1) Water quality 59 5-2) Minimizing harmful chemical exposures 63 5-3) Introduction of exotic aquatic species 65 5-4) Remediation of eutrophication 67 5-5) Management of water flow 71 6) Glossary 73 7) Appendix 1: Shellfish aquaculture: In praise of sustainable economies and environments. 79 8) Appendix 2: (MGL Chapter 130 Sections 57-67) 85 9) Appendix 3: U.S. Army Corps of Engineers General Programmatic Permit for Massachusetts 91 10) Appendix 4: 2004 Crop Insurance Fact Sheet: Clams - Pilot Program 95 11) Appendix 5: Contact information for aquaculture professionals in southeastern Massachusetts 99

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Best Management Practices

for the Shellfish Culture Industry in Southeastern Massachusetts

Forward

The shellfish farming industry

Shellfish farming in southeastern “Shellfish aquaculture is a privilege Massachusetts entails the husbandry of and not a right.” all or part of the life cycle of various bivalve mollusc species for the purpose Robert Wallace – Shellfish Farmer of generating a harvestable and Co-President; Massachusetts Aquaculture marketable product. The principal Association species reared in the area includes quahogs (Mercenaria mercenaria) and intensive skilled management. The oysters (Crassostrea virginica). Other total area under cultivation for clams species are also cultured at a smaller and oysters in the southeastern scale in the region, including, but not Massachusetts area is approximately limited to, soft shell clams (Mya 1,000 acres (in 2000). This represents arenaria), bay scallops (Argopecten about 9.2% of the total tidal flat area on irradians), surf clams (Spisula Cape Cod (Massachusetts Department solidissima) and European oysters of Environmental Protection – 1995 (Ostrea edulis). Shellfish farming is Wetland Mapping) but cannot overlap, practiced by the coastal municipalities by statute (M.G.L. Chapter 130), with of southeastern Massachusetts for the 10,500 acres of productive shellfish restoration and restocking as well as by beds on Cape Cod. private individuals for economic gain. In 1996, the landed value of the It has a local history of activity dating shellfish farmed in southeastern back to colonial days where King’s Massachusetts was in excess of $4.5 Grants were awarded to private million in reported income. However, individuals for propagating oysters. shellfish aquaculture has a much Aquaculture crops, particularly broader economic impact, in excess of shellfish that are farmed in intertidal $15.5 million, based on an economic and shallow subtidal locations, utilize study of the soft shell clam industry in relatively small areas of the tidal flats Casco Bay, Maine (Heinig et al. 1995) but are highly valuable and require Version 09-04a Page iii Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts

Regulation of shellfish farming Shellfish farming is licensed by Without clean water and a healthy the local municipality, the environment, the shellfish farmer is Massachusetts Division of Marine out of business! Fisheries (Mass. General Law – Chapter 130, Sections 57 through 67; included as Appendix 2) and the U.S. Conference (ISSC), oversee shellfish Army Corps of Engineers (Section 10 transport and sales. Today’s regulatory of the Rivers and Harbors Act of 1899; environment, along with the and Section 404 of the Clean Water consumer’s expectations, is very Act through the Massachusetts General demanding. They want the high Programmatic Permit; included as product quality that is associated with Appendix 3). Licenses and area leases farmed crops, including consistent are awarded to individuals either to flavor and reduced risk of propagate shellfish, i.e. possess and contamination. At the same time, cultivate sub-legal size shellfish while regulators, consumers and the general marketing only legal size shellfish public are concerned about the (referred to as a Propagation Permit), environmental and social impacts of or to aquaculture shellfish, i.e. possess, aquaculture. grow and market sub-legal and legal size shellfish (referred to as an Shellfish farming and the Aquaculture Permit). Table 1 outlines a environment generalized version of the steps Sustainability and required to acquire a license for competitiveness are key words to all shellfish farming. Due to individuals involved in aquaculture. Massachusetts "home rule", where Growers must be efficient in towns set their own regulations for production to stay competitive. They aquaculture licensing, each must conserve and protect water municipality may vary somewhat from quality and sustain the environment to this generalized scenario. remain viable. Without clean water Most of the shellfish produced and a healthy environment, the by farmers in southeastern shellfish farmer is out of business! Massachusetts are used or consumed Shellfish farming also directly by the end user with little to no contributes to improving water quality. processing. The MA Department of This aspect of shellfish farming is Public Health and the MA Division of thoroughly discussed in an editorial Marine Fisheries, in collaboration with included as Appendix 1. the Interstate Shellfish Sanitation Version 09-04a Page iv Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts

Table 1: an overview of the general procedure for acquiring a shellfish aquaculture license in Massachusetts.

Research species & Decision to apply for a shellfish technology culture license

Identify potential Informal consultation with local farm site shellfish constable

Formally apply to town for Prepare application license

Town governing body gives Public hearing held conditional approval

MA-DMF site MA Division of Marine inspection Fisheries approval

Federal agency U.S. Army Corps of Engineers consultations (NMFS, EPA, etc) approval

MA-DMF issues Town governing body provides license final approval

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Shellfish farmers are neighbors to many other users of the intertidal There is no single best management and shallow subtidal environment and, practice for all shellfish crops at all as such, they must be sensitive to the sites. Therefore, the best practice for needs and expectations of their any individual grower will depend on neighbors to minimize potential site-specific circumstances, conflicts or detrimental interactions. At economic opportunities and times, these realities appear to conflict environmental considerations. but in truth they are complementary. Good neighbor policies coupled with while minimizing impact on the high water quality within a healthy environment, i.e. promote environment will make local sustainability. In the case of farmed aquaculture crops more competitive in shellfish, this means using good today’s markets. If these considerations management so that the crop is are coupled with practices that increase properly managed and healthy. There is crop productivity, then everyone wins, no single best management practice for including the public, other coastal all shellfish crops at all sites. users, and the shellfish growers. Therefore, the best practice for any individual grower will depend on site- Shellfish farming BMPs specific circumstances, economic Shellfish Aquaculture Best opportunities and environmental Management Practices (BMPs) are a considerations. set of voluntary procedures that have The Best Management Practices been developed by the Massachusetts Manual for Shellfish Growers in shellfish aquaculture industry in Southeastern Massachusetts has been collaboration with the SouthEastern designed with a number of target Massachusetts Aquaculture Center audiences in mind. The primary (SEMAC) to address areas where audience is the members of the attention should be focused to improve shellfish aquaculture industry, both production while preserving the experienced and novice. Many of the environment. The intent of a BMP is to accepted farming techniques developed provide information on “normal by the shellfish growers have industry practices” to help growers to originated from individual trial and farm profitably and in harmony with error experimentation. As such, there is their neighbors and the surrounding no common clearinghouse for best environment. To be considered a best technologies, as most of the industry management practice, an action must knowledge has been passed by word of maintain or increase crop production Version 09-04a Page vi Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts mouth. This manual strives to identify In conclusion, it is important to and describe the best available note that this current Best Management technologies for specific management Practices Manual for the southeastern considerations in shellfish farming with Massachusetts shellfish aquaculture an emphasis on sustaining acceptable industry should be considered a “living production levels in concert with document”. Publication of the Manual positive or benign impacts on the has been arranged in a loose-leaf environment. A second audience that format with the intention that sections will find this manual useful is policy of the Manual will be replaced as better makers. Massachusetts “Home Rule” technology and/or practices become dictates that the management of available. shellfish aquaculture is the responsibility of the Town Council or Board of Selectmen. In many cases, there is a lack of understanding as to what technologies exist for shellfish farmers and how those technologies should be overseen at a local level. Therefore, this manual will provide factual information to Selectmen or other local management agencies, as well as state and federal regulators, as to the best available technology for managing a shellfish farm. Lastly, there is a desire of many individuals in the public sector to understand the nuances of shellfish aquaculture. We hope the public too will learn about shellfish aquaculture through this manual and their new knowledge will allow them to be conversant with the industry in terms of the industry’s needs and limitations.

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Acknowledgments

This document has been Important contributors included: developed through the efforts of a large group of individuals who are interested The SEMAC BMP Committee: Bill Burt in the sustainable growth of the Bill Clark shellfish aquaculture industry in Lee Davis southeastern Massachusetts. Russ DeConti Joel Fox Support for the publication and Dick Kraus distribution of this document was Dale Leavitt provided by the New England Small Henry Lind Farm Institute, the Massachusetts Dennis Murley Department of Agricultural Resources Diane Murphy and the University of Massachusetts Bob Wallace through a cooperative agreement with Scoping Workshop Coordinator: the USDA Risk Management Agency Sandy Macfarlane for crop insurance education. Initial Research Team: Horsley Witten Group External Reviewers (Draft 1): Mark Begley – Shellfish farmer Joe Buttner – NEMAC

Scott Soares – MA-DAR Bill Walton – Shellfish constable External Reviewers (Draft 2): Phil Colarusso – US EPA Jim Fair – MA DMF Nancy Findlay – US NPS Kevin Kotelly – USACE Tara Nye – APCC Jerome Moles – MA DMF Robert Prescott – Mass. Audubon Cori Rose – USACE Michael Sheehan – USACE Steven Tucker – Cape Cod Commission

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Introduction to the BMP Manual

The overall strategy for This document has identified identifying and addressing activities five separate categories of standard important as Best Management practices. They are Practices (BMPs) is to consider both 1. Site selection and access, the impact the BMP will have on farm 2. Materials, operations and production as well as its impact on maintenance, systems and issues ancillary to the 3. Improvement of shellfish culture business. Setting industry survival and productivity, standards can identify better shellfish 4. Disease prevention and production methods, such as optimal management, and construction and operation of nursery 5. Maintenance of environmental raceways, improved planting and quality. harvesting, reduced losses due to All five categories have been predation, minimized biofouling, and subdivided into management etc. BMPs can also recommend considerations that are related to practices that minimize the overall specific operating practices. environmental impact that the culture The overall format employed in effort may have, including minimizing this manual for each management the risk for marine animal practice is: entanglement, reducing disturbance to • identify the management migratory shorebirds, or generating consideration, better neighbor-to-neighbor relations • provide background information with other coastal resource users. The explaining the rationale behind the overall effect is intended to be an selection of the consideration, improved atmosphere within which the • identify the regulatory authority grower can operate their business having oversight at the federal and profitably, insurance of optimal state level, including only those environmental conditions to maximize regulations that address the production of the farm with minimal environment under which the environmental impacts, and ultimately grower must conduct their business. increased profits to the farmer. For a more in-depth overview of Massachusetts laws and regulations addressing aquaculture, please refer to the MA-CZM’s Massachusetts

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Aquaculture White Paper - Legal benefits of shellfish farming and Regulatory Issues (http://www. (Appendix 1), mass.gov/czm/WPMLGLRG.HTM) • The complete text of MGL Chapter Municipal regulations and 130, Section 57 defining the current ordinances have not been included state laws addressing shellfish in this section as they vary among aquaculture (Appendix 2), municipalities and are beyond the • The complete text of the scope of this document to Programmatic General Permit summarize. Local laws have been specific for shellfish aquaculture summarized in: Raddatz, A.K. awarded to Massachusetts by the 1998. Commercial shellfish U.S. Army Corp of Engineers aquaculture in Mass.: a local (Appendix 3), regulatory perspective. M.A. Thesis, • Information on the hard clam crop Dept. Urban and Env. Policy, Tufts insurance program available to University, Medford, MA.) Massachusetts clam farmers from • provide a list of recommended best the USDA Risk Management management practices that Agency (Appendix 4), exemplify current industry • A list of contacts for individuals in standards or practices and that southeastern Massachusetts able to demonstrate the best available provide technical assistance to clam approach to management. farmers (Appendix 5).

Additional information has been It must be emphasized at this included at the end of the Manual. Any juncture that not all BMP terms unique to shellfish aquaculture recommendations are appropriate for appear in bold type the first time they all sites growing all species. Shellfish appear in the text and are included in aquaculture is a site- and species- the glossary at the end of the manual. specific phenomenon and therefore the In addition, numerous Appendices are best technology for maintaining or included to provide information to enhancing production will vary existing and prospective shellfish between sites and crops. To farmers. accommodate this observation, we have tried to identify, whenever The Appendices include: possible, those differences as they • A published manuscript detailing occur in the document. the economic and environmental

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1) Site selection and access

The selection of an appropriate Site selection is usually an site for growing shellfish has iterative process between the ramifications throughout all aspects of prospective shellfish farmer and the farm management. From meeting the town, primarily through the town biological needs of the growing shellfish constable. Although each mollusc through maintaining ambient town is different, it generally involves water quality at a level defined for the a formal application, site review by the safe consumption of shellfish products, town, opportunities for public to assuring that your neighbors are comment, and review by state and agreeable and cooperative with your federal authorities before the license is efforts, proper site selection can make granted to the farmer, as outlined in or break your efforts. Table 1. Because the application It is important to mention that process varies from town to town, it is the overall siting of shellfish farming recommended that the prospective activities is controlled by the shellfish grower discuss the correct classification of the local waters. application process for their Shellfish can only be raised and/or municipality with local authorities. harvested from waters “Approved” by A more recent development in the Massachusetts Division of Marine shellfish aquaculture licensing is the Fisheries and the Department of Public concept of “block permitting” by Health, based on standards towns to form aquaculture areas. recommended by the Interstate Originated via encouragement at the Shellfish Sanitation Conference state and federal levels, towns have (ISSC). With the exception of the early recently started designating larger nursery stage, shellfish aquaculture tracts (50 to 100 acres) of intertidal cannot be located in waters classified and/or subtidal areas for shellfish as “Conditionally Approved” or aquaculture development. This method “Prohibited”. In addition, proximity to allows the town to expedite the areas with the potential for reduced permitting process through acquiring water quality is considered when siting required permits for the “aquaculture to minimize the risk that shellfish area” from local, state, and federal farming operations be impacted by authorities. The large tracts are then declining water quality in the future. subdivided into smaller parcels

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(generally 2 to 3 acres) and licensed to individual growers. The advantages are that it simplifies the process of permitting and expedites the award of an aquaculture license to the individual grower while it allows the town to incorporate a level of long-term planning into their harbor development plan while selecting sites deemed appropriate for shellfish aquaculture.

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1-1) Site selection and access: Legal association with adjoining uplands

Management Consideration: Massachusetts Supreme Judicial Court In Massachusetts, coastal has recently ruled, in the Pazolt upland landowners may have deeded decision (Pazolt v. Director of the ownership to intertidal areas and Division of Marine Fisheries, 417 therefore have authority to control the Mass. 565, 567-568 (1994).that availability of these areas as shellfish aquaculture, as licensed by MGL aquaculture sites. Chapter 130, Section 57 (generally placing structures on the flats, such as Background: nursery trays or boxes), is not part of Massachusetts is one of the few the public trust right of fishing and, states in which private property extends therefore, aquaculturists may need to the low water mark. Based on the permission from the private upland Colonial Ordinances of 1641-1647, property owner to practice aquaculture upland landowners are permitted to in the intertidal zone. Issuance of an own the nearshore intertidal area, down aquaculture license does not convey to the low water mark or 100 rods from any real property rights to the the high water mark, whichever is aquaculturist. less. These early laws were promulgated to encourage commercial Pertinent State & Federal References: development of the coastline by giving ♦ Marine Fish and Fisheries (M.G.L. individuals ownership of any CHAPTER 130. Section 57): Shellfish commercial structures they placed in aquaculture licenses; … shall be issued …, but not so as to impair the private the intertidal area. The exception to the rights of any person ... privatization of the intertidal zone was to allow unlimited access of the Recommended Best Management intertidal area for “fishing, fowling or Practice(s): navigation” – often referred to as the All shellfish growing areas licensed “Riparian Rights” clause. after 1994 must address the issue of Until 1994, it was generally private ownership of the land before accepted that shellfish aquaculture was the license is issued. It is in the best fishing and therefore exempt from an interest of the prospective grower, upland owner’s control. However, the or the town if the site is a block

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permitted site, either to ensure that In areas where the upland the proposed growing area is landowner has natural resource outside of an upland owner’s responsibilities (i.e. federal or state jurisdiction, to research the upland parks, refuges, sanctuaries, etc.), the owner status on a case by case shellfish grower should clear their basis, or to arrange permission with proposed uses and activities with the upland owner prior to applying the respective agencies to avoid for the aquaculture license. resource conflicts.

Because of the Pazolt decision and Cultivating shellfish includes issues of private ownership, when cultivating good rapport with your possible it behooves the neighbors. municipality or the individual aquaculture participant to identify areas where private ownership will not become an issue of conflict.

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1-2) Site selection and access: access to site

Management Consideration: Notice of Intent with the local Location and layout of shellfish Conservation Commission to permit aquaculture areas must consider access such activities. to the site, including motorized transport, for daily and normal Pertinent State & Federal References: maintenance of the structures and ♦ MA Wetlands Protection Act (M.G.L. shellfish. CHAPTER 131 Section 40) & Wetlands Protection Regulations (310 CMR 10.00)

Background: Recommended Best Management Maintenance of shellfish farms Practice(s): requires intensive activity during Whenever possible or feasible, initiation and termination of the access to the farm site should be growing process as well as constant limited to foot or boat traffic. diligence to ensure optimal growing conditions for the shellfish. These Research your site and plan activities may require transport of routes for access and materials and equipment to and from maintenance prior to the initial the site. Routine maintenance may be permit application and achieved through the use of low impact development of your site. equipment left on-site and access may be limited to foot or boat traffic. A number of public access points However during set-up, selected exist throughout coastal maintenance and harvest, transport of Massachusetts. Plan to use heavier materials to the site may public access routes whenever necessitate motorized transport on possible to minimize transport occasion. over private property. If access to the leased site is through a wetlands buffer zone, as If access is direct from a defined in the Wetlands Protection Act privately owned upland site, you (M.G.L. 131, Sec. 40) and is not a pre- may need written permission existing public access point, the from the landowner whose applicant (either individual or town) property you are traversing. may be required to submit a Request for Determination of Applicability or a

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1-3) Site selection and access: layout and placement of nets and other gear

Management Consideration: non-cultured species. By distributing Spacing within an aquaculture the netted raceways with adequate area should be planned to permit spacing between them, open corridors normal operations and maintenance on of natural habitat are left available for the site without impairing or interfering other species to use or for humans to with activities within and around the traverse. farmed area. Site preparation, normal maintenance, and harvest of individual Background: shellfish growing areas require physical Normal operations within a activities around and within the farm shellfish farm entail the placement of site. Given the normal activities on a containment systems throughout the shellfish farm, it is important to plan footprint of the licensed area. for and provide enough working room Containment can be in the form of to accommodate for efficient racks with mesh bags to hold the operations, to plan layout and use oysters or anti-predator netting on the (timing) of gear to allow for normal sediment surface to hold and protect operations on site with minimal infaunal clams. The distribution of the disturbance to adjoining aquaculture equipment potentially can impact the sites and all other legitimate users, and natural function of the ecosystem as to plan the use of the site to avoid well as the normal activities of the unnecessary disruption of non-farm shellfish farmers and other users on the species. water. Lastly, if rafts or other floating The presence of racks, cages or equipment are in use, then total area netted raceways alters habitat coverage must be considered. The conditions while limiting access equipment must be maintained so as through the aquaculture areas. It has not to impede normal navigation been suggested that the layout of racks through the area. The Army Corp of or nets in close proximity to each other Engineers stipulates that when rafts and prevents access across the site by floating gear are in use that they can humans and access to the potential cover no more than 10% of the project resources on-site normally used by area or 20,000 ft2, whichever is greater.

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Pertinent State & Federal References: Individual farmers should ♦ Department of the Army General consider normal movement and Programmatic Permit, Section VIII. access patterns when laying out Aquaculture Guidelines: incorporating the growing areas within their the substance of the Letter of Permission for Aquaculture in the Commonwealth of farms. Massachusetts, September 1, 1991 (Appendix 2). Although the specifications of ♦ Marine Fish and Fisheries (M.G.L. design will vary with respect to CHAPTER 130. Section 57). the overall shape, size and conditions present at each Recommended Best Management individual site, one should Practice(s): consider leaving corridors If municipalities block grant an between plots and between your aquaculture site and sub-divide site and adjacent sites to allow the area to individual licenses, for adequate working room to adequate spacing between the and from your site without licensed plots should be disturbing adjacent plots. integrated into the overall site plan.

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1-4) Site selection and access: habitat

Management Consideration: National Marine Fisheries Service The coastal zone in southeastern (NMFS - Dep’t of Commerce). Massachusetts may be important The overall goal of these habitat to a number of important or rare programs is to protect the range of and endangered species. Designation of native biodiversity and the continued aquaculture areas must consider existence of species identified as potential impacts to these natural threatened, endangered or of special resources. concern. The U.S. Army Corps of Engineers General Programmatic Background: Permit, the Massachusetts Endangered Growing shellfish in the natural Species Act and the Wetland Protection environment occupies space within the Act achieve protection of critical ecosystem that has traditionally been habitat for important species through used by a wide variety of other species. environmental impact review as Given the proximity of other natural mandated. resources to shellfish farms, the grower Shellfish aquaculture in should develop an awareness of the southeastern Massachusetts may role that the natural system plays in impact species identified as being of maintaining a diverse community and critical concern in the region through the importance of biodiversity in changing the habitat and other sustaining a healthful ecosystem. conditions upon which these species A number of aquatic species rely. A listing could include have been identified as rare or • marine turtles, including the endangered in the Commonwealth of diamondback terrapin Massachusetts. Oversight of these (Malaclemys terrapin); special interest species, at the state • shorebirds, including the piping level, is through the Natural Heritage & plover (Charadrius melodus); Endangered Species Program (NHESP) and in the Massachusetts Division of • marine mammals, including the Fisheries and Wildlife. At the federal northern right whale (Eubalaena level, the Endangered Species Act is glacialis). administered by the U.S. Fish and Of particular importance is the Wildlife Service (USFWS - designation of a large portion of Cape Department of the Interior) and the Cod Bay as critical habitat for the

Version 09-04a Page 9 Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts northern right whale, through the resource based on Geographic federal Endangered Species Act. Information System (GIS) mapping of Any application for an specific marine conditions, such as aquaculture site in Massachusetts distribution of submerged aquatic includes reviews of the site plans for vegetation. Critical habitat and SAV impact on important species and their distribution needs to be confirmed by habitat by NHESP, USFWS, and the on-site inspection to mark the extent NMFS, factored in through comment to and importance of these natural the Army Corp of Engineers resources. authorization process and by MA If in question, the perspective DMF, Div, of Wildlife and NHESP grower should consult with their local through the Division of Marine shellfish constable and/or Fisheries review. representatives from MA DMF, NMFS In addition, the presence of and USEPA to determine significance. marine vascular plants, or submerged aquatic vegetation (SAV), also Pertinent State & Federal References: represents an important aquatic habitat. ♦ Marine Mammal Protection Act of 1972 Submerged aquatic vegetation includes (16 U.S.C. § 1371 et seq.): prohibits the “take” of all marine mammals in U.S. primarily eelgrass (Zostera marina) waters. The law defines "taking" as and widgeon grass (Ruppia ruppia). harassing, hunting, capturing or killing Protection of submerged aquatic marine mammals. vegetation areas is accomplished at the ♦ Endangered Species Act of 1973 (16 state level by action of the Division of U.S.C § 1531 et seq.): declares the Marine Fisheries through the mandated intention of the Congress to conserve aquaculture site review. At the federal threatened and endangered species and ecosystems on which those species level, site review is overseen by the depend. Army Corp of Engineers and includes ♦ Migratory Bird Treaty Act of 1918 (16 comment from NMFS, USFWS and U.S.C. § 702 et seq.): takes measures to USEPA. protect identified ecosystems of special Information on the distribution importance to migratory birds against of important habitat in Massachusetts pollution, detrimental alterations, and other environmental degradations. can be initially investigated through ♦ Department of the Army General two sources of habitat maps. The Programmatic Permit, Section VIII. NHESP publishes maps of critical Aquaculture Guidelines: incorporating habitat for threatened species. the substance of the Letter of Permission Massachusetts Coastal Zone for Aquaculture in the Commonwealth of Management’s Marine Ocean Resource Massachusetts, September 1, 1991 (Appendix 2): Aquaculture projects that Inventory System (MORIS) is another Version 09-04a Page 10 Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts

involve more than minimal negative Recommended Best Management impacts cannot be authorized by the U.S. Practice(s): Army Corps of Engineers (USACE) as During initial site location Category II activities under Programmatic General Permits (PGP). discussions, conduct a site visit The Aquaculture Guidelines for the with the local shellfish constable USACE PGP in Massachusetts address and MA DMF representative to impacts to birds, invertebrates and ensure that the proposed site wetland resources that may result directly does not contain significant from the aquaculture activity and amounts of submerged aquatic associated vehicular access. ♦ Mass. Endangered Species Act: (M.G.L. vegetation or is not within an CHAPTER 131A) & Endangered Species area of critical habitat for an Regulations (321 C.M.R. 10.00 et seq.). aquatic or upland species ♦ Wetlands Protection Act (M.G.L. identified as important, CHAPTER 131. Section 40) & Wetlands threatened or endangered. Protection Regulations (131 CMR 10.00 et seq.). Be aware of local important, rare ♦ Marine Fish and Fisheries (M.G.L. CHAPTER 130 Section 59): Application and endangered species that you for license; request for survey and plan. may encounter, learn about their natural history and plan your operations to avoid interactions with them.

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1-5) Site selection and access: other users

Management Consideration: provide supplemental income for many The coastal zone is a highly people in the region through tourism populated and highly utilized sector of activities, fishing activities and other our land resources and, as such, there venues. are a number of user groups who Given the wide variety of users compete for access to public tidelands. who inhabit and/or visit our coastlines, there are ample opportunities for Background: conflicts to arise, particularly when a Greater than 50 percent of the public resource is privatized for population of the United States lives commercial activities, such as shellfish within 50 miles of an oceanic or Great farming. To minimize potential Lakes coastline. This fact suggests the conflicts, regulations at the local, state importance of our shorelines to and federal levels are in place that American culture and indicates the mandate aquaculture areas be distinctly level of use that our shores are identified and that equipment placed on subjected to annually. the flats are designed to minimize the Traditionally the coast of risk of interference, injury, or damage Massachusetts has been used for many to other users. Regulations define recreational and commercial marking the aquaculture area, limiting applications. Activities such as sailing, the elevation of deployed equipment motor boating, personal watercraft use, into the water column, and ensuring fishing, swimming, water skiing, and access for other users to enjoy our walking as well as aesthetic overlooks marine resources. are all representative of the variety of In addition, regulations also recreational uses our waters support. In minimize interference with other addition, there are a variety of commercial users of the marine individuals who make their living on resources through mandated limits on the water, including commercial development of aquaculture away from fishermen, marine engineers, marina areas where there are significant operators and, of course, shellfish quantities of commercial or otherwise farmers. important natural resources. Not only do these activities provide recreational and direct income resources to the public, they also

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Pertinent State & Federal References: Use the U.S. Aids to Navigation ♦ Department of the Army General System to mark your site. Programmatic Permit, Section VIII. o Hazard = diamond with Aquaculture Guidelines: incorporating two red or orange stripes the substance of the Letter of Permission for Aquaculture in the Commonwealth of (see Figure 1-5a) Massachusetts, September 1, 1991 o Submerged aquaculture = (Appendix 2). 20 inch diameter yellow ♦ Marine Fish and Fisheries (M.G.L. ball. CHAPTER 130 Section 57): Shellfish aquaculture license; application; Assist local residents and visitors renewal; transfer. in identifying aquaculture site ♦ Marine Fish and Fisheries (M.G.L. CHAPTER 130, Section 61): Marking of markers and understanding the territory covered by license, maintenance significance of the markers. of markings…” Be courteous to visitors at your Recommended Best Management site and use these visits as an Practice(s): opportunity to educate the public Respect the needs and wishes of about shellfish aquaculture. other users of the public tidelands. Recognize that other users can have access to the water column above your site and plan accordingly.

Minimize accidental intrusion

onto your aquaculture site through properly marking the Figure 1-5a: An example of a buoy site and maintaining the markers used to mark a boating hazard. during periods of high use of the The buoy is conventionally coastal zone. white with red or orange diamond and stripes

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2) Materials, operations and maintenance

Shellfish aquaculture is a are practices that, if adopted, will highly varied industry in southeastern assist the farmer in increasing their Massachusetts. Variations on the productivity while decreasing the central theme of farming shellfish overall impact of the farm on the result from differences in factors such surrounding environment. The as farm location, the species cultured, following BMPs have been developed site access, preferred technology, and to address some of these practices. capital cost of the operation. Shellfish farmers are creative, independent self- initiators and therefore no two shellfish farms are exactly the same in terms of the materials used, normal operating procedures, nor scheduling or degree of maintenance. However, there are some commonalities in the general approach to shellfish aquaculture that can be identified for which BMPs can be developed. Normal activities may include: manipulating sediment to enhance production, placing equipment in and on the intertidal flats to hold shellfish and to delineate planting areas, using anti-predator containment devices to hold and protect the shellfish, keeping equipment free from biofouling to optimize production, Given the range of general activities involved in shellfish farming, there

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2-1) Materials, operations and maintenance: sediment management.

Management Consideration: During the early stages of Management of sediment on-site growout, the juvenile clams are is an important component of shellfish frequently held in small enclosed trays farming during the nursery, grow-out, that have been filled with sand, usually and harvesting stages. from an off-site source such as washed or mason’s sand from the local gravel Background: pit. The Aquaculture Guidelines for the Many shellfish farmed in the US Army Corp of Engineers intertidal flats of southeastern Programmatic General Permit in Massachusetts are infaunal, meaning Massachusetts (Appendix 2) stipulates that they live buried in the sediment. that “mineral growth medium used in These include the quahog, the soft shell culture trays shall be clean and of clam, the surf or butter clam and the comparable grain size to the native razor clam. As young juvenile clams, substrate.” these species are capable of living out Later grow-out culture efforts of the sediment for extended periods of are accomplished by broadcasting time but as they get older and grow (planting) seed clams directly to the larger they become more dependent on bottom and covering with a small mesh living buried in the sediment. netting (1/4 to 1/2 inch diamond or Therefore, as the shellfish get older, it square mesh). Net coverings are a risk is very important that shellfish farmers in that they may trap large amounts of provide their crop with an opportunity sediment or silt that normally move to dig into the sediment. across the intertidal flats. This could At the same time, the shellfish result in high levels of shellfish farmer needs to contain his/her crop to mortality due to burial and/or low keep it in one place and to protect it oxygen levels resulting from the newly from predators. This is routinely deposited materials covering the accomplished by covering the clam raceways. plots with some form of netting. The final effort of the shellfish However the specific containment farmer is to harvest his/her crop for technology may vary depending on the market. Harvesting infaunal clams size and species of the clam. requires their mechanical or manual

Version 09-04a Page 17 Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts removal from the sediment. Recommended Best Management Traditionally this has been done using Practice(s): some type of rake to physically excavate the site and separate the When using sediment from an shellfish from the sediment. Other upland source, match the technology that has been used both for sediment type and grain size to bed preparation during initial planting the prevailing sediment type and and at harvest is the hydraulic rake. grain size at your site. This apparatus pumps pressurized water from a discharge manifold into When adding sediment material the sediment thereby liquefying the to your site, inspect the sand and sediment and exposing the clams to source closely to minimize the facilitate removal. Hydraulic harvesting risk of introduction of is controlled locally by the contaminants into your site. municipality. It is always best to check with the town before planning to use Monitor your site regularly and this harvesting technique. be aware that sediment burial of your nets can cause mortality. Pertinent State & Federal References: The buried net may hold clams ♦ Department of the Army General deeper than their optimal depth Programmatic Permit, Section VIII. and they can’t pump oxygenated Aquaculture Guidelines: incorporating water through their respiratory the substance of the Letter of Permission for Aquaculture in the Commonwealth of system. Always make sure you Massachusetts, September 1, 1991 can see the net at the sediment (Appendix 2):“mineral growth medium surface in your raceways. used in culture trays shall be clean and of comparable grain size to the native Be aware of heavy natural substrate.” siltation events at your site and ♦ MA Wetlands Protection Act (M.G.L. remove any built up organic CHAPTER 131. Section 40) & Wetland Protection Regulations (310 CMR 10.00 material from the surface of your et seq.): The provisions of this section net. Decomposing organic shall not apply to … work performed for material consumes oxygen and the normal maintenance or improvement may reduce ambient oxygen of land in agricultural use … levels sufficiently to suffocate your crop.

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Try modifying the overlying nets by adding modest floatation. This allows the nets to work their way up through overlying sediment during high tide thus preventing burial of the clams too deep in the sediment.

When hydraulically working the sediment either for bed preparation or for harvest be aware of the fate of the resuspended materials generated by your activities. Ensure that your activities are not impacting sites downstream.

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2-2) Materials, operations and maintenance: onsite deployment and storage of gear.

Management Consideration: must notify the U.S. Coast Guard, First Equipment utilized to grow District Aids to Navigation Branch to shellfish may rise above the sediment coordinate the proper buoy markings surface into the water column creating for the activity. Regulations require that a potential hazard for navigation and all markers be reasonably maintained other users of the site. during the term of the license. To further limit the potential of Background: interference from structures placed on Growing shellfish requires that flats used for shellfish aquaculture, structures be placed on the intertidal restrictions have been established and subtidal flats. The presence of limiting the elevation of materials structures rising above the sediment above the sediment surface. The surface represents a potential source of Aquaculture Guidelines for the US interference with other activities taking Army Corp of Engineers Programmatic place at the water surface or in the General Permit in Massachusetts overlying water column. Therefore use (Appendix 2) stipulates that “no of structures in shellfish farming has structure or device (except marking been carefully regulated to minimize buoys and as noted in Paragraph D of potential conflicts. the Guidelines) shall protrude more State and federal regulations than 18 inches (46 cm) above the require that aquaculture sites be substrate.” marked in accordance with state and Coast Guard guidelines. Guidelines Pertinent State & Federal References: include marking corners of the ♦ Department of the Army General aquaculture site “by monuments, marks Programmatic Permit, Section VIII. or ranges and by stakes or buoys” Aquaculture Guidelines: incorporating the substance of the Letter of Permission for (insert reference) Each marker must Aquaculture in the Commonwealth of present the number of the aquaculture Massachusetts, September 1, 1991 license in 2 inch lettering. The marking (Appendix 2). structures can be changed from buoy to ♦ Marine Fish and Fisheries (M.G.L. winter stick when ice may be present. CHAPTER 130 Section 61): Marking of In addition, the licensed aquaculturist territory covered by license, maintenance of markings…”

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Recommended Best Management Practice(s): Minimize accidental intrusion onto aquaculture sites through properly marking the site. Use the U.S. Aids to Navigation System to mark your site. o Hazard = diamond with two red or orange stripes

(see Figure 1-5a) Figure 2-2a: An example of a buoy o Submerged aquaculture = used to mark a boating hazard. 20 inch diameter yellow The buoy is conventionally ball. white with red or orange

diamond and stripes Maintain your site markers, particularly during periods of high use of the coastal zone.

Do not exceed the 18-inch (46 cm) elevation limit on structures placed on your site.

Do not leave unused equipment lying on the culture site.

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2-3) Materials, operations and maintenance: on- site equipment management.

Management Consideration: with scenic vistas within our coastal Some equipment may remain at zone. This may prove an irritation to the field growout site to minimize upland landowners and other visitors, transport and increase efficiency. generating unneeded and costly remedial actions. Background: Shellfish aquaculture requires Pertinent State & Federal References: the use of equipment onsite to ♦ Department of the Army General accomplish daily maintenance of the Programmatic Permit, Section VIII. farm. In many cases, it is impossible or Aquaculture Guidelines: incorporating the substance of the Letter of Permission for inefficient to transport the needed Aquaculture in the Commonwealth of equipment on and off-site daily. Often Massachusetts, September 1, 1991 equipment is left on-site to optimize (Appendix 2): Aquaculture projects that the farmer’s time given the narrow involve more than minimal negative window of opportunity for work, impacts cannot be authorized by the U.S. dictated by the tidal cycle. Army Corps of Engineers (USACE)as Category II activities under Programmatic The presence of the equipment General Permits (PGP). The Aquaculture on-site represents a risk to the farmer Guidelines for the USACE PGP in and other users of the coastal Massachusetts address impacts to birds, environment. It may be intentionally or invertebrates and wetland resources that unintentionally damaged or moved may result directly from the aquaculture away from the site by vandals or other activity and associated vehicular access. individuals. Also, it is susceptible to Recommended Best Management damage and transport by severe storm Practice(s): events during the growing season. (The Remove all unused or winter season is discussed in BMP 2- unnecessary equipment from the 4.) field site in a timely manner. Another consideration with regards to equipment left at the All equipment left on the flats growout site relates to the potential for should be signed with distinctive visitors to the area. Unsightly materials marks to permit identification. on the intertidal flats may interfere

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If equipment must be left onsite, It is imperative that you police secure it carefully to the site to your site following a storm event minimize the risk of damage or it to ensure equipment and moving offsite. materials are secure on-site.

Keep aesthetics in mind when Monitor your neighbor’s site and leaving equipment at the field equipment along with your own site and try to make the presence to ensure unauthorized of the equipment as visually individuals are not using or unobtrusive as practicable. damaging the equipment and site.

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2-4) Materials, operations and maintenance: preparing for winter conditions.

Management Consideration: Pertinent State & Federal References: Winter conditions can move and ♦ International Convention for the destroy equipment and structures Prevention of Pollution of Ship (MARPOL placed in intertidal and subtidal areas. 73/78), Annex V Regulations for the Prevention of Pollution by Garbage from Ships) & Act to Prevent Pollution from Background: Ships (33 USC 1901 et seq.): includes the Extreme conditions that occur complete ban imposed on the dumping during winter may include severe into the sea of all forms of plastic storms, large masses of ice and very ♦ Marine Plastic Pollution Research and low water/air temperatures. Any and all Control Act (33 U.S.C. § 1901 et seq.) of these conditions can lead to damage ♦ Solid Waste Disposal Act (42 U.S.C. § 6901 et seq.) and losses within the farmer’s growing ♦ Department of the Army General area. Proper husbandry and care must Programmatic Permit, Section VIII. be exercised to minimize damage and Aquaculture Guidelines: incorporating loss due to winter conditions. the substance of the Letter of Permission In addition to impacting the for Aquaculture in the Commonwealth of farmer’s crop, extreme conditions can Massachusetts, September 1, 1991 (Appendix 2): activities that have more damage and destroy culture equipment, than minimal negative impacts, including including carrying damaged items off- cumulative impacts, cannot be authorized site. Especially during winter, ice can by the U.S. Army Corps of Engineers freeze around a mesh net during low (USACE) under Programmatic General tide and lift the netting with the tide. Permits (PGP). Aquaculture permitees As the tide lifts the net, it can be ripped holding USACE permits shall maintain the work of structures in good condition from the sediment and transported with to ensure public safety. Additionally, the the flow of the ice. Damaged netting, Massachusetts PGP requires seasonal plastic mesh bags, rebar racks and structures that are removed from the other materials may generate potential waterway be stored in an upland location, hazards for entanglement and located above mean high water and not in destruction of marine resources in the tidal wetlands. immediate environment. ♦ MA Crimes Against Public Health (M.G.L CHAPTER 270: Section 16): Disposal of rubbish, etc. on or near highways and coastal or inland waters.

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Recommended Best Management Practice(s): Remove all elevated and/or Survey and maintain the area unnecessary equipment, whenever possible during winter. including rebar racks and damaged or discarded nets, from When reasonable, organize local the area during winter. shellfish farmers to police the surrounding marine resource To prevent ice damage and areas for damaged and displaced transport, position all equipment aquaculture materials following and materials flush with the winter. Hosting an annual spring sediment surface. clean up, for example in coordination with “Coast Carefully secure all netting and Sweep”, can provide both a other materials to the substrate cleaner environment and good with supplemental attachment public relations for the devices during winter. aquaculture industry.

Ensure that any nets left on the At all times of the year – if you flats during the winter are free see damaged material in the from fouling to reduce the marine environment – remove it potential for attachment of ice to to minimize risk of impact to the netting. other marine resources or users of the coastal environment. Replace marker buoys on-site with winter sticks to minimize the risk of the ice moving marker buoy.

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2-5) Materials, operations and maintenance: use and management of netting.

Management Consideration: ranges from semi-rigid Tenax® to The use of mesh netting is a necessary flexible Plurima®. The actual mesh size component of shellfish aquaculture; varies with the preferences of the therefore, the proper selection, use and grower and the size of the shellfish maintenance of netting material are seed planted. The net is usually critical to the successful practice of changed as the shellfish grow, as larger shellfish farming. mesh sizes are easier to maintain and provide a better growing environment Background: (see BMP 2-6 on biofouling). The overall objective of a Traditionally, the net is placed shellfish farmer is to optimize growth on the sediment surface covering the while minimizing mortality to planted clam seed and secured in place maximize profits. The primary source by wire staples (approximately 1 foot of mortality to a shellfish farmer is in depth) while burying the margin of predation. the sheet of netting. The grower Mobile predators, such as crabs, sometimes inserts a floatation device (a whelks, snails, birds and fish present a small bobber or buoy) under the net to wide variety of predation strategies to keep it at the sediment surface to open and consume shellfish. The prevent burial of the net. primary line of defense that shellfish In the case of oysters, the netting farmers have to protect themselves is in the form of an enclosed mesh bag. from excessive predation losses is to The oyster bag is secured to a rack or physically exclude the predator from frame at the sediment surface or accessing their shellfish. sometimes elevated slightly above the In general, shellfish farmers sediment to promote accelerated place a net barrier between the shellfish growth. and the predator. As an added benefit, Regardless of the type or netting holds the small seed in place application, netting constitutes a and minimizes washout of the seed by potential hazard to the marine tidal current or wave action following environment in that it can be lifted, planting. transported and acts as an entanglement The netting used by the shellfish industry is an extruded plastic net that Version 09-04a Page 27 Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts device in place if not carefully located above mean high water and not in monitored and maintained. tidal wetlands. Lastly, in the event that the ♦ MA Crimes Against Public Health (M.G.L CHAPTER 270: Section 16): Disposal of license holder decides to cease rubbish, etc. on or near highways and operations at their site, it is the coastal or inland waters. grower’s responsibility to remove all equipment, gear and shellfish from the Recommended Best Management growing area. Practice(s): Ensure that all netting is properly Pertinent State & Federal References: deployed to minimize the risk of ♦ International Convention for the damage and the potential for Prevention of Pollution of Ship (MARPOL loss. Precautionary activities 73/78), Annex V Regulations for the include: Prevention of Pollution by Garbage from Ships) & Act to Prevent Pollution from o ensure secure attachment Ships (33 USC 1901 et seq.): includes the of the net to the sediment complete ban imposed on the dumping or to the rack, into the sea of all forms of plastic o ensure the net is pulled ♦ Marine Plastic Pollution Research and taut with no folds or Control Act (amended to 33 U.S.C. § 1901 pockets on the surface, et seq. in 1987.) keep the net close to the ♦ Solid Waste Disposal Act (42 U.S.C. § o 6901 et seq.) sediment surface, although ♦ Department of the Army General not to the degree where it Programmatic Permit, Section VIII. will be buried leading to Aquaculture Guidelines: incorporating suffocation of the the substance of the Letter of Permission shellfish. for Aquaculture in the Commonwealth of Massachusetts, September 1, 1991 (Appendix 2): activities that have more As soon as shellfish seed size than minimal negative impacts, including permits, increase the net mesh cumulative impacts, cannot be authorized size to the next larger level to by the U.S. Army Corps of Engineers provide optimal conditions for (USACE) under Programmatic General water and food flow across the Permits (PGP). Aquaculture permitees shellfish. holding USACE permits shall maintain the work of structures in good condition to ensure public safety. Additionally, the Inspect nets on a regular basis Massachusetts PGP requires seasonal and repair or replace any structures that are removed from the damaged netting as soon as it is waterway be stored in an upland location, observed to minimize the risk of

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further damage or of transport If using a rigid net anchoring away from the site. system, make sure the rigid Some towns require netting to be frame is adequately stapled and marked to identify the owner. If properly buried in the sediment this is the case in your area, to hold the net in place. follow the established guidelines and make sure all nets are Regularly organize bay-wide marked appropriately. clean-ups to minimize the presence of loose netting or other When changing nets, stake or foreign materials in the coastal anchor the fouled net upon zone. Clean-up should not be removal to prevent transport off- limited to the high water wrack site, remove the old netting from line only but needs to be marsh- the site as soon as possible and wide, including salt marsh creeks dispose of it properly. Do not at low tide and the surface of the leave unused netting on-site for salt marsh. extended periods of time. If using nylon ties (also known Do not limit your net as cable ties or ny-ties) to secure maintenance to your site alone. netting or other equipment, If loose netting is observed dispose of used ties properly. Do anywhere in the coastal area, not discard them into the marine remove and dispose it properly. ecosystem.

If using leadline to hold netting in place, inspect it frequently. Do not use if lead is exposed and has the potential of breaking up and entering the marine environment. Do not use lead shot sinkers on nets. Dispose of all materials containing elemental lead in an environmentally responsible manner.

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2-6) Materials, operations and maintenance: controlling biofouling on submerged surfaces.

Management Consideration: or stop and the shellfish will eventually Biofouling of structures in the die. marine environment is a ubiquitous Management of biofouling problem for shellfish farmers. normally involves removing the fouling organisms from the structure either Background: through physically brushing or The primary activity that applying a high-pressure stream of occupies the daily schedule of a water to wash the biofouling off into shellfish farmer during the growing the marine environment. Another season (March through November) is management strategy involves control of biofouling. The overgrowth manipulating the biofouled structure so of algae and marine animals on nets it air dries for an interval of time and other structure in the water can thereby drying out the fouling significantly impede your farming organisms. effort. Marine biofouling is increasing Pesticides or other chemicals annually as nitrogen introduction from are not allowed in treating shellfish land-based systems into the marine for biofouling. The exception environment enhances coastal permitted by the Food and Drug eutrophication leading to increased Administration is to dip your structures aquatic productivity. into a high strength salt brine (100% Biofouling organisms can saturation) disrupting the fouling overgrow and occlude the mesh organisms through osmotic shock. openings in clam netting or oyster bags. The resultant blocking of mesh Pertinent State & Federal References: openings restricts water flow across the ♦ Federal Food, Drug, And Cosmetic Act growing shellfish. Captive shellfish (21 USC §1-1404)): FDA restrictions on rely on water flow across their siphons treatments for cultured food organisms. to bring oxygen and food to the clam or oyster. Without adequate water movement, shellfish growth will slow

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Recommended Best Management Practice(s): Monitor your nets and other If using a cleaning method that equipment regularly for entails an internal combustion biofouling. engine, be aware of noise issues and use the motorized equipment If biofouling develops to the at times when it will be the least extent that it restricts water flow disruptive to other users of the to cultured shellfish, clean and coastal environment. remove the fouling organisms to facilitate shellfish health and When cleaning nets of growth or replace the nets with biofouling, practice good new material. management techniques with respect to the removed material Cleaning can be accomplished and do not allow it accumulate by: on downstream sites where it o pressure washing, may cause local degradation of o physical removal by the environment. scrubbing with a brush or broom, o air drying for an extended period of time, o high concentration saline dip.

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3) Improvement of shellfish survival and productivity

Common objectives of all provide income for his/her family agriculture production systems are to through shellfish farming. Shellfish bring the greatest amount of product to farmers must be stewards of the marine the market in the least amount of time coastal environment. with the fewest losses for the least New technologies are expense. This is as true in shellfish continually evolving to improve aquaculture as it is in cranberry shellfish farming. The shellfish farmer farming or beef cattle production. Any must decide on the appropriateness of modification of existing methods or the new technology as it relates to the introduction of new technologies must unique characteristics of his/her farm improve on one or more of the site and crop. Selection and objectives listed above. In other words, implementation of new technologies criteria for implementing improvement should follow extensive testing and in shellfish farming technology can be research to understand the full impact restated as new technology that must: of the technology. The following BMP 1. increase production, recommendations provide a foundation 2. reduce production time, for the farmer to review and to select 3. minimize losses, and/or technologies that are appropriate for 4. decrease production costs. his/her operation while maintaining environmental quality and the An over-riding criterion that is sustainability of his/her enterprise. implied and understood but not stated explicitly is that any new technologies used in shellfish farming must preserve the sustainability and not adversely impact the environment, particularly water quality. Clean water and a clean environment are fundamental requirements for shellfish farming. Any activity that compromises water and environmental quality compromises the farmer’s ability to

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3-1) Improvement of shellfish survival & productivity: performance selection to increase productivity.

Management Consideration: available to them, similar to the Shellfish production under selection of plant varieties available to intensive farming conditions may the corn or cranberry farmer. For the require development of selected most part, the strains being developed strains of shellfish that demonstrate by aquaculture researchers are being superior performance. generated using classical breeding selection technology. In other words, Background: find the animal in your crop that Shellfish farming is not survives the best or produces the best maintaining a natural native clam flat growth under the prevailing conditions or oyster bed. Although the original at your site and use them for King's Grants awarded in broodstock for your next generation of Massachusetts were akin to private seed. harvest reserves, the modern shellfish Strain selection involves farm is an area of intensive consideration of many factors such as management of a crop within an area growth rate, tolerance of specific that would otherwise be environmental conditions, disease nonproductive. Shellfish production is resistance, performance under varied controlled and optimized by the planting densities, and etc. As the grower through technology develops, the application of • selection of appropriate species, selected strains better suited for growing • development of site specific in Massachusetts will become more planting strategies, prevalent in the region. • application of customized grow- Strain development using out technologies, and classical breeding techniques requires an • use of suitable husbandry understanding of the genetic and techniques. ecological consequences of selection. The shellfish farmer will Efforts must be established to maintain a increasingly have a selection of semblance of the native genetic shellfish strains and varieties diversity of the species while selecting for "desired" traits. Genetic selection Version 09-04a Page 35 Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts requires an understanding of genetic Permits(PGP) in Massachusetts addresses diversity and the consequences of impacts to existing or naturally occurring applying artificial selection pressure. beds or populations of shellfish, marine worms or other invertebrates that could be Conscientious adherence to these used by humans, other mammals, birds. criteria will yield genetic strains Reptiles, or predatory fish. When developed for shellfish aquaculture genetically improved lines will have more that can be applied with benign than a minimal negative impact upon such impacts on native populations. resources, including cumulative impacts, Use of selected shellfish strains the associated work, structures and discharges cannot be authorized by USACE also will require extensive testing by under Programmatic General Permits. the farmer. Without adequate and strenuous tests, the use of selected Recommended Best Management strains may not provide the results Practice(s): anticipated based on published Only purchase shellfish seed that performance standards. Because have been produced by a commercial shellfish growth is very site specific, hatchery that is certified by the the use of selected strains will require Division of Marine Fisheries for on-site testing and evaluation to assure importation into the Commonwealth. that the strain is appropriate for application at a specific location. New entrants into the shellfish aquaculture industry are encouraged Pertinent State & Federal to purchase the largest shellfish seed References: they can afford until they are secure ♦ In Massachusetts, there are no in their ability to rear shellfish regulations pertaining to the use of through grow-out. Shellfish survival genetically improved lines in farming. There currently is a panel of state through the first winter is directly regulators that are meeting to discussion related to the size of the seed going and recommend regulatory oversight for into winter. use of genetically modified plants and animals in Massachusetts' agriculture. Do research on shellfish seed sources ♦ Department of the Army General prior to investing in their seed. Query Programmatic Permit, Section VIII. other growers who have experience Aquaculture Guidelines: incorporating the substance of the Letter of Permission with the specific seed source. for Aquaculture in the Commonwealth of Otherwise, start with a small seed Massachusetts, September 1, 1991 purchase to test the specific hatchery (Appendix 2): the Aquaculture Guidelines product before investing at a large for the U.S. Army Corps of Engineers scale. (USACE) Programmatic General

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Commercial hatcheries should be Encourage research and commercial encouraged to ensure adequate shellfish hatcheries to undertake genetic diversity in their shellfish development of selected shellfish breeding programs to maintain strains to improve farm performance, native diversity of the selected including the development of disease strains developed for farming. resistant strains of oysters, quahogs, and other molluscs.

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3-2) Improvement of shellfish survival & productivity: minimizing crop loss from predators.

Management Consideration: The distribution of predators is not Predators can severely impact uniform in terms of location or season. the production of a shellfish farm. Therefore, predator control methods Therefore predator management and will depend on the suite of predators control is necessary. present at any given location or time. The primary means that a Background: shellfish farmer can avoid losses due to Loss of shellfish to predators is a predators is to physically exclude the real and severe problem in shellfish predators from access to the vulnerable farming. Predators of farmed shellfish shellfish. Exclusion is generally encompass a wide variety of animals, achieved through the use of protective including netting or wire mesh barriers. • marine crabs, such as Chemical means of predator control o mud crab cannot be legally applied in the o rock crab marine environment. Removal of the o spider crab aquatic predator is another suggested o blue and lady crabs means to protect shellfish from o green crab (an exotic species) excessive predation, although this o Japanese shore crab (an technique is of questionable value exotic species) unless applied carefully in a time- and • predatory snails, such as location-sensitive manner. o whelk or conch o oyster drill Pertinent State & Federal References: o moon snail ♦ US EPA Pesticide Registry Board: there • avian predators, such as currently are no pesticides registered for use against shellfish predators. o winter ducks ♦ Pesticide Control Act (MGL CHAPTER eider 132B) & Pesticide Use Regulations (333 brant CMR 1.00 to 13.00) o shore birds ♦ Marine Fish and Fisheries (M.G.L. various gulls CHAPTER 130 Section 103): Disposal of oystercatcher starfish, winkles and cockles.

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Recommended Best Management Practice(s): Carefully inspect shellfish seed to reduce predation pressure for a acquired from outside sources to short period of time to permit the prevent the introduction of small newly planted shellfish to become predators with the seed. established within the site. Continuous trapping at a site is of Coordinate your shellfish seed- questionable value in removing planting schedule to take advantage mobile predators given their ability of your knowledge of predator to migrate into areas with reduced behavior and seasonality. For predator populations. example, planting seed in the fall as water temperatures are cooling will Egg cases of large predatory snails reduce predator pressure due to are easily recognized and can be lower water temperatures. readily removed. Learn to identify egg cases from predatory snails, Use netting or wire mesh barriers to including oyster drills, whelks and exclude predators from your planted moon snails, and remove them from shellfish. Do not remove barriers the growing area during the until the shellfish have grown to a reproductive season. size where they are not vulnerable to predation by most of the common Be aware that predation by ducks on marine predators. farmed shellfish can be a severe problem during winter. Maintain Be vigilant in monitoring your site exclusion barriers if winter ducks to ensure that barriers have not been are present. breeched or small predators have not entered the culture system. One method to reduce predation Small predators will grow and pressure is to maintain a sacrificial become a problem by consuming population of prey away from the shellfish. farmed site. For example, provide an elevated substrate to promote a If using trapping or other removal barnacle set away from the oyster techniques, limit your activities to beds. Oyster drills prefer to climb intervals when your shellfish are and will preferentially prey on most vulnerable. For example, young barnacles thereby luring the intensively trap an area where you drills away from your oyster seed. It will be planting small shellfish seed is imperative that the sacrificial site Version 09-04a Page 40 Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts is carefully monitored and predators removed from the site on a routine basis. Otherwise the site will attract and concentrate predators.

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3-3) Improvement of shellfish survival & productivity: environmental considerations.

Management Consideration: during start-up of the shellfish farm. Bivalve molluscs are living Environmental quality must be animals that require specific maintained thereafter by a concerted environmental conditions for optimal effort of the local community and survival and growth. others to protect that water body. An example of a degraded Background: environment leading to problems with Shellfish farming requires that shellfish farming can be cited with the crop be grown in a manner that regards to coastal eutrophication. optimizes productivity. Because Increasing nutrient inputs from land bivalve molluscs are mostly immobile often leads to enhanced production of (sedentary), their living environment macroalgae in our coastal ponds. is limited to essential elements that Marine algae such as sea lettuce (Ulva move past them due to natural water sp.), oyster thief (Codium fragile) and movements, including oxygen and mermaid’s hair (Enteromorpha sp.) food. proliferate and subsequently cause Shellfish growth is dependent on increased problems for the shellfish a number of environmental factors, grower. These algae can block water including flow through the net or they can settle • genetic characteristics of the seed, on top of the netted shellfish and cause • temperature, local hypoxic/anoxic conditions that • dissolved oxygen concentration, will harm or kill shellfish. These • salinity, macroalgae firmly attach to netting and • food availability, and are difficult to remove and transport • absence of disease or toxic off-site. materials. Nevertheless, a farm Most of these factors are beyond the management program implemented by immediate control of the farmer. the shellfish farmer can moderate and Environmental parameters such as minimize many potentially adverse temperature, dissolved oxygen environmental factors. In other cases, concentration and salinity are such as exposure to undesirable ultimately controlled by site selection materials and toxics, the shellfish

Version 09-04a Page 43 Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts farmer is dependent on the regulatory ♦ MA Water Management Act (M.G.L. authority, goodwill and environmental CHAPTER 21G) & Water Management stewardship of the community and Regulations (310 CMR 36.00; 313 CMR 2.00, 4.00 & 5.00). local/state/federal natural resource ♦ Pesticide Control Act (MGL CHAPTER managers. 132B) & Pesticide Use Regulations (333 It is the responsibility of all CMR 1.00 to 13.00) citizens to preserve our surroundings in a manner that provides a clean and Recommended Best Management healthy growing environment for all Practice(s): living things. For the shellfish farmer, Water quality issues bridge all it means that they must be diligent in stakeholders in the coastal region. maintaining environmental quality The shellfish farmer should: within their growing area and within o Work with all interested parties the realm of their water sources. and organizations to enhance the Without clean water, the shellfish public’s awareness of water farmer is out of business! quality issues. o Support local water quality Pertinent State & Federal References: monitoring groups by Many local, state and federal volunteering to monitor regulations that influence water quality are in conditions at or near your site. effect. Some examples of these include: o Strive to improve water quality ♦ National Pollution Discharge Elimination whenever possible. System (NPDES) as authorized by the

Federal Water Pollution Control Act (Clean Water Act) (33 U.S.C. § 1251- Manage your farm to provide the 138). highest quality of water to your ♦ National Rivers and Harbors Protection growing shellfish. Typical efforts Act of 1899 might include: ♦ MA Environmental Code Regulating o During start-up, carefully Septic Systems (310 CMR 15.00 et seq.) research your site selection to ♦ MA Wetlands Protection Act (M.G.L. ensure that the local CHAPTER 131. Section 40) & Wetland Protection Regulations (310 CMR 10.00 environmental conditions are et seq.) conducive for shellfish growth. ♦ MA Waterways (M.G.L. CHAPTER 91 This information can be obtained Sections 1-63) & MA Waterways from the local shellfish Regulations (310 CMR 9.00 et seq.) constable, the Division of ♦ MA Rivers Protection Act (M.G.L. Marine Fisheries area shellfish CHAPTER 258, Acts of 1996) & Rivers Protection Regulations (310 CMR 13.0) biologist, your local aquaculture extension agent, or, perhaps

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most importantly, other shellfish o Alternative net management farmers within your local area. strategies could include: o Work the sediment before • Rotation of nets where planting to enhance the fouled nets are brought to shellfish’s growing environment shore for cleaning and air- by softening the bottom, drying while the alternate removing predators and flushing set is in place on-site. excessive organic materials out • Complete removal and of the sediment. Mechanical or replacement of fouled nets hydraulic manipulation (i.e. with new ones. Carefully dredging) of the sediments is not dispose of fouled nets permitted under the using approved methods. Massachusetts Programmatic General Permit. A Department of Continuously monitor the condition the Army permit is required of your site to ensure that local before performing dredging. conditions have not changed to the o Remove fouling material from point where your crop is at risk to nets to improve water flow to the degraded water quality. shellfish but be aware of the fate of removed materials to ensure they do not impact another site downstream.

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4) Disease prevention and management.

As is true in all farming • an adverse environment (in our case situations, where there is a high – the intertidal flats where the concentration of one plant or animal shellfish are located), frequently the species, disease is a constant threat. source of the stress to the shellfish, Disease is a natural phenomenon in that and an opportunistic pathogen (fungal, • an opportunistic pathogenic bacterial, viral or other) responds to a organism (in our case – one of a situation where the host organism is in variety of shellfish disease a state such that it cannot counteract organisms), that has an opportunity the pathogen invasion. to flourish under the prevailing Disease results from a specific conditions. set of conditions that may occur in a When all three pieces of the disease group of shellfish. The figure provided puzzle are in the right state, we have a below illustrates a classic interpretation situation where the farmer can lose of the key components associated with their entire shellfish crop. the development of a disease Given the shellfish species situation. routinely farmed in our local industry, the shellfish diseases that are particularly noxious and of regulatory concern include: 1. Oyster a. Multinucleated Spheroid Unknown (MSX) caused by the protistan parasite Haplosporidium nelsonii. b. Dermo caused by the Generally, the development of a protistan parasite Perkinsus disease condition involves the marinus. convergence of the following factors: c. Seaside Organism (SSO) • a compromised host organism, in caused by an unknown our case – the shellfish, usually protistan parasite similar to associated with some type of stress the MSX organism. where the shellfish can’t protect d. Juvenile Oyster Disease itself from the pathogen, (JOD) caused by an unknown

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disease agent but thought to unknown. The research community is be a bacterial problem. aggressively investigating mechanisms 2. Quahog driving the many shellfish diseases. As a. Quahog Parasite Unknown more information becomes available (QPX) caused by a protistan regarding specific diseases, the better parasite of the the management for those diseases will Labrynthomorpha class and become. Thaustrochytriales family. One avenue of research that 3. Soft Shell Clam holds promise is the development of a. Hematopoietic neoplasia "disease-resistant" shellfish strains (clam leukemia) a through selective breeding programs. disseminated sarcoma The value of breeding program has thought to be caused by a been demonstrated in a number of virus. situations, including the development These six shellfish diseases have of MSX resistant oyster lines in caused the greatest economic damage Delaware Bay. The development and to shellfish growers in southeastern testing of selected lines of disease Massachusetts and currently are resistant shellfish continues and their pandemic to this area. incorporation in shellfish farming will Movement and transmission of become more accepted as resistance to these diseases varies. Some infect by specific diseases is demonstrated. direct transmission where a sick In the meantime, there are a mollusc dies and the pathogen is number of management strategies that released into the environment where it can be undertaken to minimize the transfers directly to a neighboring impacts of shellfish diseases on a farm. mollusc (of the same species). In general, the husbandry of shellfish to Alternatively, other pathogens infect by minimize disease follows the same indirect transmission where an protocols as other livestock farming alternate host or carrier is involved in situations. A universal means to control moving the disease organism from one disease is to limit disease movement individual to another. The management through monitoring of the disease of shellfish diseases is somewhat status in shellfish being considered for dependent on the mode of disease transport. Always ensure that shellfish transmission as well as a multitude of being moved to an area devoid of other factors. disease are disease-free. Unfortunately, much of the The following practices can information needed to manage shellfish assist in maintaining your farm as diseases adequately is currently disease-free. Version 09-04a Page 48 Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts

4-1) Disease prevention and management: impact of shellfish diseases.

Management Consideration: shellfish relay, i.e. moving the shellfish Shellfish diseases can result in from one body of water to another. In significant crop loss and adversely the case where shellfish pathogens are impact a farmer’s productivity. observed, the relay request will be denied. Background: Where a specific disease is Diseases specific to the shellfish pandemic to a geographical area, the being farmed can significantly impact skills of the farmer are directed to the production of the farm. Mortality managing the crop so losses due to the rates of up to 95% have been observed disease are minimal. In many cases, the in infected shellfish beds. Needless to disease risk can be minimized or say, a farmer cannot absorb these levels eliminated by maintaining a healthy of product loss and remain in business. growing environment for shellfish. Therefore, it is imperative that the Practices described in this section shellfish farmer manages his/her farm reference management decisions that to minimize the risk of disease will minimize disease impacts for those introduction and to minimize their shellfish diseases pandemic to losses if a disease occurs. Massachusetts. New disease introductions in When monitoring your crop for Massachusetts' shellfish resulting from disease, the following symptoms may the activities of shellfish farmers are indicate the presence of disease in your virtually nonexistent due to careful farm: monitoring and control by the • large numbers of live shellfish or Commonwealth. The Division of empty shells appearing at the Marine Fisheries controls all movement surface of the sediment, of shellfish between isolated water • unexplained mortalities where the bodies. A "health inspection die-offs appear to be happening certificate", based on a pathological over specific time intervals, inspection from a veterinary • abnormal occurrences, such as large professional, is required by DMF to numbers of shellfish gaping or demonstrate the absence of known showing extensively chipped shell shellfish pathogens prior to the margins.

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Pertinent State & Federal References: Individuals that you should consider ♦ The Massachusetts Division of Marine contacting include: Fisheries requires health Inspection o shellfish constable, Certification for all shellfish moved into o Division of Marine Fisheries Massachusetts from out of state or within from one isolated water body to another. area shellfish biologist, o aquaculture extension agent, Recommended Best Management o neighboring farmers who may be Practice(s): at risk. Be aware of the prevalent shellfish These individuals can assist you in diseases in your area and be dealing with the disease and will knowledgeable with regards to their provide guidance to minimize losses symptoms and seasonal cycles. from the disease and to minimize Contact your local shellfish the disease risk to neighboring constable or aquaculture extension farmers. specialist to be updated on current disease issues. Planting density is a key factor in the development of shellfish Keep up-to-date on current shellfish diseases. Whenever possible, keep disease management practices by planting densities at a level to reading trade magazines/journals optimize growth as growth rate is an and/or talking with aquaculture indication of the health and well professionals or other farmers. New being of your shellfish. approaches to shellfish disease management are developing If a shellfish disease is present at regularly so make a point of your site, carefully monitor keeping informed. mortality and remove any diseased shellfish from the flats whenever Early detection is the best possible. Risk of contracting disease prevention, regularly monitor the is dependent on the level of condition and appearance of your shellfish exposure to the disease- crop. causing organism. Removal of diseased organisms reduces the If you suspect that a disease level of exposure at any given site. situation may be developing at your DO NOT dispose of diseased farm, contact your local natural shellfish in an area where further resource specialist immediately and disease contamination could occur, notify them of the situation. i.e. don't dump them at the boat

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landing. Dispose diseased animals container, preferably one that removed from the flats in limits shellfish fluids from appropriate upland areas where the leaking from the container and risk of reintroducing disease into increasing the risk of spreading shellfish areas is minimal, e.g. the suspected disease, municipal disposal areas. o carefully transport the shellfish samples to ensure that other It is not uncommon to observe areas or shellfish populations are shellfish mortality due to causes not exposed to the potential other than disease, e.g. over-winter disease. mortality. If in doubt as to the o deliver the samples to the causes for mortality situation, diagnostic facility as soon as contact a local aquaculture possible. If delivery is delayed, specialist (Appendix 3) and solicit refrigerate (DO NOT FREEZE) their assistance in determining the the live samples to extend their problem. life until they can be analyzed in the veterinary diagnostic lab, If a disease situation is suspected, shellfish should be collected for submission to an animal health specialist for diagnosis. When collecting shellfish for disease diagnosis, the following guidelines will help ensure the samples are in a suitable condition for analysis. o specifically collect living shellfish that are weakened or showing symptoms of the disease. Do not collect dead animals as they cannot be diagnosed given the rapid rate of decomposition of dead shellfish, o if possible, collect 60 or more individual shellfish samples for submission to ensure an adequate number for diagnosis, o place the shellfish samples in a bag or other suitable holding

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4-2) Disease prevention and management: transporting shellfish.

Management Consideration: diseased shellfish into uninfected areas. Shellfish diseases can be spread The exception is a shellfish disease, through transport of infected shellfish. such as the oyster disease MSX that appears to have an alternate or Background: intermediate host that may serve to As is true of all infectious carry the disease from one site to diseases, the occurrence of the disease another. Facultative pathogens are requires that the causative pathogen be more easily moved from site-to-site present in the environment. When the because they are capable of living environmental and host conditions are outside of the host and may be moved sufficiently compromised, the pathogen via sediment or water transport. can proliferate and cause the disease. Another consideration in the The presence of the pathogen is spread of shellfish disease is the level dependent on the nature of the infective of exposure that shellfish may organism. Some pathogens are experience. As a clam or oyster grows facultative in that they are capable of from egg to adult, it is held in a living outside of their host in the sequence of containment systems. Each environment while others are obligate subsequent step becomes less intensive and must reside in the host to survive. in a more exposed environment. Facultative pathogens are not Therefore, as the shellfish grow their dependent on the presence of the host chance for exposure to diseases and therefore can exist in the shellfish’s increases. There is a higher risk surroundings for extended periods of associated with moving larger shellfish time without manifestation of a disease. (e.g. from the nursery to the grow-out Obligate pathogens require a constant system) than smaller less exposed supply of hosts to persist in a location. shellfish (e.g. early juveniles coming Regardless of the pathogen’s from a hatchery.) Therefore, a grower requirements, introduction of a new should carefully consider the source disease within an area is key to the and history of any shellfish he/she is spread of the disease. Obligate considering moving. pathogens are moved into new areas Another, larger concern, for through the transfer and introduction of shellfish growers is the inadvertent

Version 09-04a Page 53 Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts movement of disease through wet actions, do not move shellfish from storage of imported shellfish. Non- one waterbody to another without native shellfish are purchased from a consulting local and/or state local importer, distributor or retailer authorities. All shellfish being and held in local open waters, to moved require a green-tag to “refresh” the shellfish. The risk of indicate undersized shellfish and if moving disease through wet storage is being moved across municipal exceedingly high and the public must borders, transport requires DMF be educated concerning the risk to local permission. shellfish stocks from this practice. When grading or handling under- Pertinent State & Federal References: sized shellfish and replants off-site, ♦ The Massachusetts Division of Marine keep lots from different sites Fisheries has authority to control separate, be aware of the originating movement of shellfish both at the level of interstate transport as well as across town source and do not move the animals boundaries within the state. from one waterbody to another. ♦ All commercial shellfish hatcheries intending to sell shellfish seed in If grading in a common-use facility, Massachusetts are required to provide ensure your shellfish culls and proof of meeting specific health replants do not co-mingle with those specifications, as set by DMF, prior to of other growers. Return only your their importing or moving shellfish. ♦ In known disease situations, DMF will shellfish to your grow-out area. impose shellfish movement restrictions, contingent on health inspections, to When exposing equipment to manage the movement and risk of shellfish from different locations spreading the disease. and/or when moving equipment between farm sites, rinse the gear Best Management Practice(s): thoroughly with freshwater (and, Only purchase shellfish seed that preferably, biodegradable soap) have been produced by a between uses to minimize the risk commercial hatchery that is of spreading pathogenic organisms. certified by the Division of Marine Fisheries for importation into the Do not dispose of empty shells with Commonwealth. fresh uncooked meats into the marine environment. Compost the Due to potential shellfish disease shells for an interval until the meats problems and the potential of have decomposed and the shells are spreading the disease through your clear of tissue. Version 09-04a Page 54 Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts

It is not legal for unlicensed individuals to hold shellfish in seawater systems that flow into the open environment (wet storage). Be aware of others practicing wet storage of foreign shellfish in your area. When possible, educate the public about the risk of shellfish disease introduction associated with wet storage of foreign shellfish and, if necessary, report incidences of illegal wet storage to the appropriate authority.

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5) Maintenance of environmental quality.

The success and long-term Massachusetts unless harvested from viability of shellfish aquaculture is tested and approved areas. dependent upon good water quality Many detrimental environmental conditions. A "clean environment" can impacts result from human activity and be compromised by a wide variety of therefore can be mitigated by human influences. The primary consideration actions. Environmental contamination for shellfish farmers and shellfish results from careless disposal of markets are public health risks. chemicals and other contaminants that Harvesting shellfish from areas that are are detrimental to ecosystem health. In contaminated significantly increases many cases, contaminants interfere the risk of exposure to serious human with the normal metabolism of pathogens for consumers who eat raw shellfish in the field. Chemicals, such shellfish. Fortunately, the risk of as spilled diesel fuel or other petroleum consuming shellfish from contaminated products, impact shellfish metabolism waters is extremely low in and result in impaired growth, Massachusetts due to the extent of potentially leading to death. It is in the existing public health controls. best interest of the shellfish farmer to To minimize human health risks monitor and protect the marine to shellfish consumers, the environment to ensure the health and Massachusetts Department of Public quality of their shellfish as well as their Health and the Division of Marine customers. Fisheries closely collaborate to monitor Coastal eutrophication, shellfish harvest areas and control resulting from excessive nutrient harvests from areas where health may introduction into the environment, can be compromised. Utilizing cause problems in the marine recommendations from the Interstate environment. Excess nitrogen enhances Shellfish Sanitation Conference (ISSC) algal growth, both phytoplankton in and the Model Ordinance of the localized blooms and macroalgae in National Shellfish Sanitation Program the form of prolific growth. Both forms (NSSP), shellfish and waters from of algal proliferation can result in shellfish areas are tested on a regular environmental degradation. As the basis to ensure human health safety. No biomass of the macroalgae increases shellfish are legally marketed in the algae can overgrow the bottom and cause pockets of hypoxia and anoxia

Version 09-04a Page 57 Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts resulting in suffocation of any from human activity. Shellfish can organisms under the macroalgae. enhance nutrient remediation by two Under bloom conditions, shellfish can mechanisms. Shellfish can directly be impacted when a single species remove nitrogen from the environment dominates the phytoplankton and incorporate it into shellfish tissue community within the water body. If that is subsequently removed by the dominant microalgal species is not harvest. They also can boost the an adequate food resource for the removal of nitrogen from the shellfish, i.e. wrong cell size/shape or environment through enhancing the producing chemical feeding deterrents, process of denitrification in the then the shellfish can starve from sediment under shellfish beds. reduced food availability. In addition, On the whole, shellfish farmers if the phytoplankton bloom should need clean water and any inputs that crash, the high loading of dead organic adversely alter water quality put the matter settling to the sediment surface shellfish farm at risk. Shellfish farmers can result in hypoxia or anoxia with need to help educate the public similar results to those described regarding the fragility of the coastal above. marine environment and any insults to On the other hand, coastal our marine environment should be eutrophication may enhance food remediated as soon as possible to availability to shellfish. Shellfish minimize impacts to the local consume phytoplankton and if the ecosystem and to the shellfish farm. dominant plankton species proliferating is of an appropriate cell size and shape, it will provide a bountiful food resource for the clams or oysters. Alterations in phytoplankton composition in our coastal waters are drastically influenced by coastal, land- based nitrogen run-off and may or may not improve the growing conditions for the shellfish. In those cases where the phytoplankton blooms are of a type and a quality that are readily consumed by shellfish then shellfish farms can assist in the removal of excess nitrogen and actually serve as a means to remediate the impact of excessive nitrogen inputs Version 09-04a Page 58 Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts

5-1) Maintenance of environmental quality: water quality.

Management Consideration: illness when consuming shellfish. The success of shellfish farming Therefore, it is imperative to ensure is dependent on maintaining good that water quality where the shellfish water conditions throughout the region. are farmed is of the highest quality with no pathogenic organisms present. Background: The second risk is to shellfish The role of water quality, with health and the concomitant survival regards to shellfish farming, focuses on and/or growth of farmed shellfish. three different issues. These can be Introduction of noxious chemicals in described in terms of the impact that local waters may result in chronic they pose on the shellfish farm and the stress on shellfish populations leading farm's economic potential. It should be to reduced growth and potentially to noted that most water quality problems the death of the shellfish. Many associated with shellfish aquaculture anthropogenic products can harm are the result of upland land use issues shellfish; ranging from direct toxics, and are, for the most part, out of the including diesel fuel or pesticides, to direct control of the shellfish farmer. more subtle contaminants like The first risk is to human health tributyltin (TBT), a compound used in that will ultimately impact the antifouling paints for boats until marketability of the shellfish produced. recently banned in the U.S. TBT has Human health risks are associated been implicated in a variety of primarily with the presence of human deleterious sublethal effects to bivalve pathogens in the water. Shellfish are molluscs. predominantly filter feeders and The third issue relates to pathogens, such as bacteria or viruses, hypernutrification where human may be filtered from the water in the generated chemicals, such as lawn course of the shellfish's feeding fertilizers that run-off into our estuaries behavior. The shellfish, in turn, may or nitrogen derived from human hold and concentrate the pathogens sewage waste, contribute to excessive and/or their toxic metabolites thereby algal growth in the water resulting in increasing the dose and subsequently the potential for low to no oxygen in the risk for humans contracting an the water. Although this environmental

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perturbation does not directly impact Many local, state and federal human health and therefore does not regulations that influence water quality are in entertain the high degree of monitoring effect. Some examples of these include: ♦ National Pollution Discharge Elimination that higher risk problems demand, it System (NPDES) as authorized by the does have the potential to impact Federal Water Pollution Control Act shellfish health and subsequent (Clean Water Act) (33 U.S.C. § 1251- production from a shellfish farm. On 138). the plus side, hypernutrification also ♦ MA Environmental Code Regulating stimulates phytoplankton growth Septic Systems (310 CMR 15.00 et seq.) thereby increasing the potential food ♦ MA Wetlands Protection Act (M.G.L. CHAPTER 131. Section 40) & Wetland resources for the shellfish to consume Protection Regulations (310 CMR 10.00 within a given water body. et seq.) ♦ MA Waterways (M.G.L. CHAPTER 91 Pertinent State & Federal References: Sections 1-63) & MA Waterways Based on mandates from the Regulations (310 CMR 9.00 et seq.) Massachusetts Department of Public Health ♦ MA Rivers Protection Act (M.G.L. (DPH) and the Division of Marine Fisheries CHAPTER 258, Acts of 1996) & Rivers (DMF), shellfish harvesting areas are Protection Regulations (310 CMR 13.0) monitored for the presence of human ♦ MA Water Management Act (M.G.L. pathogens through a routine sampling CHAPTER 21G) & Water Management program implemented by DMF. Shellfish Regulations (310 CMR 36.00; 313 CMR harvesting areas are classified according to 2.00, 4.00 & 5.00). the presence or absence of human health risk ♦ Pesticide Control Act (MGL CHAPTER and shellfish grow-out can only occur in 132B) & Pesticide Use Regulations (333 waters holding the highest water quality CMR 1.00 to 12.00) classification. Nursery culture of shellfish may take place in “conditionally approved” areas but the seed must be moved to Recommended Best Management “approved” areas as the seed approaches Practice(s): 10% of its market size. Support local water quality The Massachusetts Department of monitoring groups in your area by Environmental Protection (DEP) monitors volunteering to monitor conditions chemical contaminants in the marine at or near your site. environment. In situations where high-risk chemical contaminants are identified in the marine environment, appropriate controls are Most contaminant problems in the placed on managing the area by DEP to coastal environment are the result of protect human health. upland land activities. The management of point and non-point sources of contaminants is a

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regional problem and must be Carry oil absorbent pillows to addressed by the entire coastal absorb oil and gas residues in the community. Some issues that a bilge. shellfish farmer may influence include advocating for: Encourage increased presence and o control of road run-off through use of pump-out stations at local the use of catch basins and other marinas and the development of "no technologies to prevent direct discharge" harbors to reduce the risk introduction of run-off into of direct introduction of human coastal waters. One strategy to waste into the local marine aid in controlling road run-off is environment. the development of a local road run-off by-law that mandates Avoid the use of pressure treated engineered solutions to run-off, lumber whenever possible, o control of pets and water fowl in especially on surfaces that may com the coastal environment to into contact with water. Use prevent increased loadings of fiberglass, metal or plastic wood as fecal coliform bacteria in local a substitute. waters, o inspection and improvement of When cleaning fouling materials private sewage systems to from your shellfish farm, dispose of minimize the introduction of the material such that it does not both human pathogens and impact the water quality of adjacent nutrients into the marine sites. Remove the material to an environment. appropriate disposal site.

Maintain the water quality of your Use non-toxic anti-fouling coatings site by carefully handling of all on vessels instead of paints that fuels and oils. Insure that fuel contain tin, copper or other storage area are secure and provide compounds typically found in off- adequate containment to prevent the-shelf anti-fouling paints. release to the environment in the event of an accidental spill.

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5-2) Maintenance of environmental quality: minimizing harmful chemical exposures.

Management Consideration: Two types of chemicals, There are many pathways for routinely used near or within the marine harmful chemicals that may impact environment, that must be carefully shellfish farms to enter the marine controlled are petrochemicals, such as environment. gasoline or motor oil, and pesticides, such as might be used to control biting Background: insects. Petrochemicals are routinely Introduction of toxic compounds handled within the coastal zone as boat into the marine environment is a engines and other internal combustion constant threat to the shellfish farmer. engines are operated to ease the Many compounds routinely used in workload. Their toxicity is well land-based systems (household and established within the regulatory industrial) can be highly toxic to community and strict controls for aquatic organisms. Prevention of handling these compounds have been discharge of these chemicals anywhere implemented. within the marine environment must be Pesticides are also used routinely a top priority. in the coastal zone and, when applied There are no chemicals that by professional applicators, their risk to are specifically permitted for use in marine organisms is minimal. shellfish aquaculture. Some Untrained or careless application of commonly used treatments for marine pesticides may result in catastrophic applications, such as anti-fouling paints losses. Applications must be monitored used on boats, are used within an and controlled. aquaculture setting but it must be A third chemical type that may remembered that any compound that find its way into the marine may impart some form of toxicity also environment but does not have a direct threatens the shellfish. Chemical toxicity on marine organisms are compounds applied near the shellfish fertilizers and other nutrient sources. farm must be thoroughly tested to Untrained or careless application of ensure they don’t impact the shellfish fertilizers greatly increases the risk of crop. coastal eutrophication and may result in degradation of marine habitats. Any

Version 09-04a Page 63 Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts increase in environmental degradation ♦ MA Rivers Protection Act (M.G.L. will eventually have a negative impact CHAPTER 258, Acts of 1996) & Rivers on shellfish farming. Protection Regulations (310 CMR 13.0) ♦ MA Water Management Act (M.G.L. Pertinent State & Federal References: CHAPTER 21G) & Water Management Regulations (310 CMR 36.00; 313 CMR No specific chemicals have been 2.00, 4.00 & 5.00). permitted for use in shellfish aquaculture. ♦ Pesticide Control Act (MGL CHAPTER Therefore, no chemicals can be legally 132B) & Pesticide Use Regulations (333 applied directly to shellfish in an aquaculture CMR 1.00 to 12.00) situation.

The United States Coast Guard enforces marine discharge regulations Recommended Best Management regarding petrochemicals. Stiff fines will be Practice(s): applied to individuals found guilty of Whenever you are transporting or introducing unapproved petrochemicals into transferring petrochemicals (gas, the marine environment. fuel, lubricants and other petroleum All professional applications of products) near the coastal zone, pesticides and fertilizers are managed according to guidelines established by the always carry the materials in clearly U.S. Environmental Protection Agency and/or and properly marked containers and the Massachusetts Department of exercise the highest degree of care Environmental Protection and are overseen to minimize the risk of spillage. by the Massachusetts Department of Food and Agriculture’s Pesticide Board.. Carry oil absorbent pillows to

Many local, state and federal absorb oil and gas residues in the regulations that influence water quality are in bilge. effect. Some examples of these include: ♦ National Pollution Discharge Elimination If you should observe any spills of System (NPDES) as authorized by the petrochemicals or other chemicals in Federal Water Pollution Control Act the marine environment, (Clean Water Act) (33 U.S.C. § 1251- 138). immediately report the location and ♦ MA Environmental Code Regulating time to the nearest U.S. Coast Guard Septic Systems (310 CMR 15.00 et seq.) office. ♦ MA Wetlands Protection Act (M.G.L. CHAPTER 131. Section 40) & Wetland Educate the public to enhance Protection Regulations (310 CMR 10.00 awareness of the impacts that et seq.) pesticides and fertilizers have on the ♦ MA Waterways (M.G.L. CHAPTER 91 Sections 1-63) & MA Waterways marine environment and advocate Regulations (310 CMR 9.00 et seq.) for reduced use of these compounds within the coastal zone.

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5-3) Maintenance of environmental quality: introduction of exotic aquatic species.

Management Consideration: considered to have a negative impact The introduction of non- on their business. Locally, the indigenous nuisance marine species can introduction of species such as the have severe consequences on the green crab (Carcinus maenas), the profitability of the shellfish farm. oyster thief algae (Codium fragile), and the fouling tunicates, Styella clava, Background: Botrylloides violaceus, Botryllus Although the most common schlosseri, and Molgula manhattensis examples of exotic nuisance species have had severe consequences on the introductions have been identified in way they conduct their farming freshwater systems (e.g. zebra mussel operations. The introduction of each of Dreissena polymorpha or Eurasian these species has resulted in economic milfoil Myriophyllum spicatum), losses to the farmer either in terms of shellfish farmers need to be aware of product loss or increased time required and protect against these aquatic to maintain their grow-out systems. invaders. Another group of exotic Inadvertent exotic species organisms that have proven to be introductions may be inconsequential particularly noxious are the variety of or they may be devastating to the shellfish diseases referenced in Section industry. In some cases, shellfish 4. Many of the diseases common to farmers have exploited an exotic commercially important shellfish in introduction, e.g. the introduction of Massachusetts originated in other the Japanese oyster (Crassostrea gigas) places (e.g. MSX originated in on the West Coast of the United States Delaware Bay and dermo in the Gulf of or the European flat oyster (Ostrea Mexico) and have been introduced into edulis) locally. Regardless, it is the local environment. Although the recommended that the risk of shellfish aquaculture industry has been introducing new species be minimized implicated in the transport of these for a variety of reasons. diseases, a number of possible From the Massachusetts shellfish mechanisms have been suggested, farmer’s perspective, the majority of including ship ballast water discharge new species introductions should be

Version 09-04a Page 65 Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts and wet storage of non-native shellfish http://www.mass.gov/czm/invasivemanage by private citizens. mentplan.htm. Exotic introductions can be controlled via management of the Recommended Best Management transport and release of target Practice(s): organisms and water from areas outside Commercial shellfish hatcheries of the immediate locale. Eradication, rear a variety of shellfish species. once the introduction has occurred, is o Carefully inspect shellfish seed generally ineffective. as it is received from the hatchery and remove non-target species. Pertinent State & Federal References: ♦ Lacey Act (16 U.S.C. § 701): prohibits the o Do not import shellfish seed importation and movement across state from hatcheries outside of those lines of certain fish and wildlife species approved by MA-DMF. without Federal authority. ♦ Non-Indigenous Aquatic Nuisance Do not hold or store non-local Prevention and Control Act 16 (U.S.C. § shellfish or other non-native aquatic 4701 et seq.) reauthorized as the National organisms in a situation where Aquatic Invasive Species Act: created a national Aquatic Nuisance Species Task escapement or introduction into Force, which was given authority to local waters is possible. research and develop guidelines for ships to report their ballast water treatment or Educate the general public about the treat their ballast water, among other risk of introducing exotic species national concerns, and provided funding and encourage them to purchase and for regional and state plans and panels to better coordinate aquatic invasive species wet store only local shellfish for management. private consumption. ♦ Massachusetts Aquatic Invasive Species Management Plan: The Massachusetts Invasive Species Management Plan was approved in November 2002. The plan outlines a five-year strategy for state agencies and their partners to minimize damage from non-native species by preventing their introduction, informing the general public about their impacts, monitoring for new introductions, and meeting other objectives related to invasive species management. Details of the plan are available at:

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5-4) Maintenance of environmental quality: remediation of eutrophication.

Management Consideration: plants that can be seen without a Shellfish aquaculture can microscope and easily handled. provide a level of remediation for local Macroalgae are most commonly found algal blooms associated with nutrient attached to structures on the bottom, loading from land-based sources. although they can be found floating free in the water column. Macroalgae Background: can be observed free-floating after Coastal eutrophication results being disturbed by storms, boats or from the introduction of excess other conditions influencing the nutrients into the marine environment. movement of water. Nutrients that impact the marine Environmental impacts of algae, system are primarily derivatives of stimulated by hypernutrification can nitrogen compounds that originate from be significant. High densities of a variety of sources, including human macroalgae can settle out on the bottom sewage, lawn fertilizers, farm run-off and will eventually decompose, and atmospheric deposition. The increasing the local oxygen demand primary form of nitrogen that until the waters overlying the shellfish influences the marine environment is are devoid of oxygen or hypoxic. A - nitrate (NO3 ). lack of oxygen will smother all living Excess nitrate in coastal waters animals on the bottom that cannot stimulates excessive plant growth. In move away from the impact area. Mass the marine system, the plants most mortality of shellfish can result from influenced are various commonly excess macroalgae decomposing on the occurring algae species. One group bottom. consists of single-celled species, Shellfish rely on phytoplankton commonly referred to as as food. When phytoplankton levels phytoplankton that either remains moderately increase shellfish flourish suspended in the water column or is due to increased food resources. In found on the any submerged surface. A many instances, shellfish can be used second group of algae that flourishes to remediate eutrophication by under eutrophic conditions are the incorporating the excess nutrients into macroalgae or seaweed, large marine clams. Recent studies have suggested

Version 09-04a Page 67 Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts that the demise of oyster populations in the substance of the Letter of Permission Chesapeake Bay lead to increased for Aquaculture in the Commonwealth of environmental degradation due to Massachusetts, September 1, 1991 (Appendix 2): A Department of the Army increased phytoplankton densities permit is required for dredging, including associated with excess nutrients. prop dredging in tidal waters. Dredging High phytoplankton densities that affects a special aquatic site, shade the water and reduce light including mudflats, is not eligible for penetration resulting in less productive authorization under the current USACE submerged aquatic vegetation areas, Programmatic General Permit for Massachusetts. An individual Department such as eelgrass beds, an important of the Army Permit from the USACE is habitat in our local waters. When required for such activities. phytoplankton levels become extreme ♦ Although many local groups monitor they can strip all of the nutrients from nitrogen levels in coastal embayments, the water leading to a large-scale die- there are no specific regulations off of the algal cells. The sudden describing thresholds for inputs. Controls have been indirectly incorporated through population death, or phytoplankton the MA Environmental Code Regulating crash, leads to a similar end as when Septic Systems (310 CMR 15.00 et seq.) the macroalgae proliferate where the ♦ MA Wetlands Protection Act (M.G.L. dead and decomposing algae material CHAPTER 131. Section 40) & Wetland consume oxygen and kill other aquatic Protection Regulations (310 CMR 10.00 organisms through hypoxia. et seq.): Local Conservation Commissions Growing shellfish from seed to can condition projects that threaten local water bodies (within 100 feet) through the market size provides a mechanism to state Wetlands Regulations if the threat of remove excess nutrients that are excess nutrient run-off is present. incorporated into shellfish tissue. Harvested shellfish are removed from Recommended Best Management coastal waters improving water quality Practice(s): while generating a food product. In Educate the general public many instances, it is an advantage to regarding the negative impacts of have high densities of shellfish excess nutrients on our marine growing as a means to control environment and the positive eutrophication. benefits of shellfish farming. Include information regarding the potential contributions of a single Pertinent State & Federal References: household to the problem. ♦ Department of the Army General Programmatic Permit, Section VIII. Encourage professional or volunteer Aquaculture Guidelines: incorporating groups to monitor water quality in Version 09-04a Page 68 Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts

the region and include measurement of nitrogen inputs and fates. Consider joining a volunteer group to become involved in advocating for improved water quality.

Provide information to and monitor the activities of your local Conservation Commission. Encourage them to protect local water quality through Orders of Conditions on suspected projects.

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5-5) Maintenance of environmental quality: management of water flow.

Management Consideration: Alternatively, water movement Local patterns of water can also be detrimental to the shellfish movement are important to the growth farmer. Sedimentation over shellfish and survival of farmed shellfish. nets and the movement of spilled fuel onto the shellfish farms are just two Background: examples of issues that a shellfish The coastal marine system is a farmer would have to manage with dynamic environment that is regards to water movement. dramatically influenced by water Another aspect of water movement. The natural course of water movement that impacts the shellfish movement gives coastal areas their farmer is the movement of freshwater unique characteristics and their ability from terrestrial sources to the marine to support the diversity of living system. On Cape Cod, freshwater run- organisms. Water moves for a variety off is a transitory situation following of reasons, primarily tides and wind, rain events although there are areas and generally flows along specific where groundwater upwelling in the pathways resulting in the formation of intertidal zone can be observed. Some channels and waterways. As water shellfish species, such as the American moves, it carries with it materials oyster, can survive and may even ranging from natural materials such as flourish in seawater that is diluted to sediment or algae to man-made items, some degree by freshwater. On the the proverbial "flotsam and jetsam". other hand, many shellfish, e.g. the bay Water flow is extremely scallop, are very sensitive to reduced important to the shellfish farmer. Water salinity and require full strength movement replenishes the supply of seawater to survive. oxygen and food to the shellfish while Control of water movement is removing the metabolic waste products achieved through the development and from the vicinity of the shellfish. maintenance of passages and channels. Without these "services" provided by Water flows through the path of least Mother Nature, water quality at a resistance. It is important to maintain shellfish site, or any other coastal site, the naturally occurring paths to sustain would rapidly degrade. the movement of water throughout the

Version 09-04a Page 71 Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts coastal system. Dredging, armoring, ♦ Many agencies and individuals are and a wide variety of coastal provided an opportunity to comment on engineering strategies have been any proposed changes to the water flow characteristics in our marine environment employed to manage the movement of through the permitting process of the water with some being more effective USACE. and/or less environmentally damaging than others. Overall, management and Recommended Best Management control of water movement within the Practice(s): coastal zone and near shellfish farming Understand the importance of water areas is an important consideration for and adequate water flow to the the shellfish farmer. However, do not success of your shellfish farm, attempt to alter water movement in particularly as it relates to your your area through dredging without the specific geographic area. appropriate permits. Be aware of any proposed activities Pertinent State & Federal References: in the region that may influence the ♦ The management of water movement in water movement characteristics at the coastal zone is primarily the your site. Provide comment to the responsibility of the U.S. Army Corps of Engineers (USACE). This authority is appropriate authorities as to the defined in the Rivers and Harbors Act of impact proposed changes may have 1899. All proposed activities associated on your farming activities. with maintaining or modifying the movement of water in the coastal zone Do not attempt to alter water requires review and approval by the movement in your area through USACE. ♦ Any proposed project that will influence prop dredging or other means water movement in the coastal zone is without appropriate permits. subject to review and comment by a wide variety of federal, state and local agencies, including: • federal agencies, such as National Marine Fisheries • state agencies, such as the Massachusetts Department of Environmental Protection and the Division of Marine Fisheries • county planning agencies, such as the Cape Cod Commission • town authorities, such as the shellfish constable.

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Glossary

Algae: non-vascular plants that grow Best Management Practices (BMP): a set of submerged in marine or freshwater voluntary procedures developed by the environments. Large bodied algae, such as industry to address areas where attention rockweed or sea lettuce, are called could be focused to improve production macroalgae. Single-celled algae floating in while preserving the sustainability of the the water and providing food for shellfish environment. are called phytoplankton. Biodiversity: a description of the variety, Ambient: pertaining to the status of the abundance and distribution of living surrounding environment. For example, organisms within a defined ecosystem or ambient temperature describes the natural habitat. temperature of the water or sediment in which a clam exists. Biofouling: the overgrowth of algae, marine invertebrates, and other organisms on nets Anoxia: a situation where the amount of and structures in the water. Biofouling can dissolved oxygen in the water is reduced to restrict water flow and access to oxygen zero. The end result is a localized area that and food by the growing shellfish. is not capable of supporting biological activity. Block permitting: the application of state and federal site licensing to intertidal Anthropogenic: derived from or associated areas, employed as a means to pre-permit with human activity, often used to describe large areas for shellfish aquaculture. environmental contamination resulting from human activities. Breeding selection: a strategy applied to domesticated plants and animals where Aquaculture Zone or Aquaculture the genetic traits controlling specified and Development Area: a management desirable qualities of the organism are boundary established to allow aquaculture preserved and amplified through within a designated and permitted area. conventional reproductive pairings of parent stock. Armoring: the protection of coastal banks from erosion through the application of Broodstock: those adult organisms that are impervious materials, such as stones or held and used as parent stock for concrete. controlled breeding within a hatchery.

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Crash: a situation where a dense population of Facultative: a disease-causing organism that an organism, e.g. a bloom of is capable of living outside of their host in phytoplankton, depletes the resources from the marine environment. their immediate environment that are necessary to support their life processes. Fecal coliform bacteria: a class of bacteria This results in the population, as a whole, that is unique to the intestinal tracts of dying within a short time interval. warm-blooded animals and is used as an indicator of the presence of human waste Denitrification: a chemical process that is in the aquatic environment. mediated by bacteria in the sediment and that converts organic nitrogen (in the form Genetic diversity: the variety of genetic of ammonia, nitrite and nitrate) to materials within a single species of elemental nitrogen (in the form of nitrogen organism that permit the organism to gas). adapt to changes in the environment.

Direct transmission: a disease pathogen that is Grow-out: a practice conducted by shellfish capable of infecting its host organism farmers where small shellfish are directly from a previous host of the same transferred from a nursery culture system species. and placed in a containment system that permits the shellfish to grow to a size that Dissolved oxygen: in the aquatic environment, is accepted in traditional markets. the life supporting gas - oxygen - is present dissolved in solution with the water and Health inspection certificate: a document must be extracted from the water by living provided by a shellfish pathologist that organisms using specialized respiratory demonstrates a specific group of shellfish structures, such as gills. If the level of have been analyzed for all known dissolved oxygen drops too low, then pathogenic organisms and that reports on respiratory distress leading to death may the shellfish health status resulting from occur. the inspection.

Dredging: an engineering practice where High water mark: the average water level sediment is removed from the bottom of that demarcates the transition from waterways to allow increased water flow or exposed land to submerged land at the to permit transit of boats through point of high tide. designated channels. Hydraulic rake: a mechanical device Eutrophication: an environmental condition consisting of a water pump, hose and where excess nutrients, in the form of handheld nozzle or jet manifold system nitrogen, are introduced into a water body that is used in the coastal environment to leading to increase growth of micro- and loosen sediment and hydraulically bring macroalgae. large organisms, such as clams, to the surface for removal.

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Hypernutrification: a situation where excess Littleneck: one of a number of marketing nutrients, primarily nitrogen, are introduced names for the quahog, Mercenaria into the aquatic environment resulting in mercenaria. The littleneck represents a eutrophication. sub-adult quahog in the size range of approximately 2 inches length up to 2.5 Hypoxia: a situation where the amount of inches. dissolved oxygen in the water is reduced to a level significantly lower than its Low water mark: the average water level theoretical maximum resulting in induced that demarcates the transition from stress in aquatic organisms due to lack of exposed land to submerged land at the oxygen for normal metabolism. point of low tide.

Indirect transmission: a disease pathogen that Macroalgae: a classification of algae that are is not capable of infecting its host organism defined according to the size of the plant directly from a previous host of the same where the body of the plant is large species but rather it must pass through an enough to be observable to the eye. alternate host before becoming infective to the target organism. Microalgae: a classification of algae that are defined according to the size of the plant Infauna: those aquatic organisms that exist where the body of the plant is small buried in the sediment as opposed to those enough that it requires magnification to that live at the sediment surface or in the observe. water column. Mollusc: a member of the Phylum Mollusca. Intertidal: that area of the coastal environment demarcated by the range of coverage Mortality rate: the rate at which a population provided by the tidal cycle. Those areas or of organisms are dying due to adverse flats exposed during low tide and environmental conditions, a disease submerged during high tide are considered situation or some other stress impacting intertidal. the population.

Juvenile clam: a size class of clam defined as Motorized transport: any form of transport the interval between metamorphosis (set) that utilizes an internal combustion engine and when the animal becomes sexually to provide propulsion. mature or attains a marketable size. Notice of Intent: a document filed with the Leadline: a material, sometimes used in local Conservation Commission that shellfish farming, consisting of rope notifies them of your intentions to constructed from synthetic material with a undertake a project that may have an core of lead metal in it to ensure the rope adverse impact on the lands under the will sink and stay on the bottom. jurisdiction of the Commission.

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Nursery: a practice conducted by shellfish Phytoplankton: small single-celled algae that farmers where very small shellfish are held are commonly found suspended in the under conditions that promote growth while water column and provide the first step in protecting them from predators and other the food chain of an aquatic system environmental hazards. Generally this Public access: rights of way located along intermediary culture step grows the coastal areas that allow for the general shellfish from post-metamorphosis (post- public to transit across the upland to reach set) to a size large enough to be held in the a beach or intertidal coastal area. grow-out system. Public Trust: a legal description of the rights Nutrients: a variety of chemical compounds of all individuals to have access to and that are necessary to promote growth of reap the benefits of our marine plants and animals. In the marine environment. environment, the most common nutrient that is limiting for plant growth is nitrogen Quahog: Mercenaria mercenaria, a - in the form of nitrate (NO3 ). commercially important bivalve mollusc native to Massachusetts. Also known as Obligate: a disease-causing organism that the hard clam, littleneck, cherrystone or cannot live in the marine environment on chowder clam. its own and must reside in the host tissue to survive. Raceway: any shellfish growing area that is laid out as an elongated rectangle and Oyster: Crassostrea virginica, a commercially generally covered by netting or some important bivalve mollusc native to other type of barrier to exclude predators. Massachusetts. Also known as the American oyster. Replant: a management strategy in shellfish farming where animals that have been Pandemic: a situation where a disease harvested but are too small to be legally organism is commonly found in the local marketed are returned to the growing environment and presence of the disease in beds. local populations of the host organism is routinely observed. Request for Determination of Applicability: an official request to the Pathogen: any type of biological entity that local Conservation Commission to causes disease through infecting a host determine if proposed activities within organism. wetlands or coastal areas require approval or permitting by the Commission. Peck: a volume measurement used with shellfish and consisting of 10 quarts. Riparian rights: The legal right for the general public to use privately owned Petrochemical: a group of chemical intertidal areas in Massachusetts for compounds derived from petroleum or fishing, fowling, and navigation. Derived natural gas and used predominantly for from the Colonial Ordinances of 1641- energy or as a lubricant. 1647.

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Salinity: a measurement of the amount of salt Siltation: a situation where the fine silt that is dissolved in water and is normally particles have been resuspended by reported in parts per thousand (ppt). physical activity and subsequently settle Normal seawater has a salinity of 30-35 down onto areas where they were not ppt. previously observed. In extreme cases, siltation can bury shellfish and result in Scallop: a family of commercially important adverse growing conditions leading to bivalve molluscs. Those native to reduced growth or mortality. Massachusetts include the bay scallop (Argopecten irradians) and the sea scallop Siphon: the part of the clam’s anatomy that (Placopecten magellanicus). provides a channel for the seawater to enter and leave the mollusc’s body cavity Sedentary: a life strategy that constitutes lying that houses the gills, the digestive system stationary in the environment and and the feeding apparatus. Sometimes frequently anchored to the bottom either referred to as the “neck”. through physical attachment or burying in the sediment. Strain: a specific line of individual organisms identified with a larger group (species) Sediment: any material having a geological that is selectively bred to enhance origin and comprised of small particles. desirable characteristics for farming. The size of the individual particles determines the description of the sediment Submerged aquatic vegetation (SAV): any and it can range from fine clay to coarse of a group of vascular plants that can live gravel. and grow under water. Local examples of submerged aquatic vegetation include Sedimentation: a situation where sediment is eelgrass (Zostera marina) and widgeon moved by wind or waves from one area to grass (Ruppia ruppia). another and in the course of that movement may bury or block structures or organisms U.S. Aids to Navigation System: A system in the path of the sediment movement. of colors, shapes, numbers and light characteristics to mark navigable Seed clam: a stage in the growth of a shellfish channels, waterways and obstructions that is generally demarcated by size and the adjacent to these and enforced by the U.S. culture system that it is derived from. Seed Coast Guard. clams are generally small and are derived from a nursery culture system. Upland: lands elevated above sea level and generally dry. Silt: fine particles that are either sediment or organic material that lies on the bottom of Variety: a type of domesticated plant or quiescent waters but is easily stirred up by animal that displays a unique set of physical activity in the near vicinity. The performance characteristics yet can freely source of the activity can be natural or interbreed with other varieties of the same generated by human activity. species.

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Wet storage: a practice where harvested shellfish are held in seawater during the interval between harvest and consumption.

Wetlands buffer zone: naturally vegetated resource areas defined to provide protection of wetland areas from man-made alterations of the upland adjacent to the wetlands.

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Appendix 1: Shellfish aquaculture: In praise of sustainable economies and environments

SANDRA E. SHUMWAY1, CHRIS DAVIS2, ROBIN DOWNEY3, RICK KARNEY4, JOHN KRAEUTER5, JAY PARSONS1, ROBERT RHEAULT6, GARY WIKFORS7

©World Aquaculture Vol. 34 No. 4 December 2003.

We write to extol the virtues of filter urgent challenge to foster aquaculture as an feeding bivalve shellfish – clams, mussels, environmentally sound and socially oysters and scallops – to give them their due as acceptable practice in the United States. key players in ecologically sustainable Marine/estuarine shellfish culture is an aquaculture in the marine environment and as optimally environmentally sustainable form environmentally sensitive monitors and water of aquaculture. purifiers. Shellfish are successfully farmed throughout the world and shellfish culture In 1999, bivalves represented nine represents a legitimate use of the marine percent of total world fishery production, and environment for sustainable food production. 27 percent by volume or 18 percent in value An equally compelling case can be made for of total world aquaculture production. World the primary grazers such as abalone and sea bivalve production (capture + culture) has urchins. increased continuously and substantially over the past half century, rising from In recent years it has become all too approximately one million tons in 1950 to common for the press and some scientific about 11 million tons in 1999. This growth is literature to focus only on the negative aspects primarily due to aquaculture (Anderson of man’s use of the environment. Unless we as 2002). As the global population continues to humans decide to eat substantially less seafood, grow, demand and production of food, which is contraindicated by the latest in health especially seafood from aquaculture will and nutrition research, aquaculture is here to continue to be an essential element in the stay; seafood production is a key to our present future of our food security. and future food supply. Worldwide, the demand for seafood continues to surpass Unfortunately and quite unfairly, supplies of wild caught fish and shellfish, and aquaculture has become an all inclusive term, appetites for these products are growing especially when used by special interest and steadily at a time when the world is advocacy groups to rail against the perceived increasingly looking to the sea to provide food. impacts of some coastal farmers on the Promoting ecologically sustainable shellfish environment. All aquaculture is not created culture is promoting sound resource equal and should not be treated as such. The stewardship and a clean environment. There is various attributes and intricacies of different a critical need worldwide to bring ecological forms of aquaculture need to be understood. balance to some forms of aquaculture and an Aquaculture is a broad term that encompasses Version 09-04a Page 79 Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts the farming of many aquatic species such as remove particulate material thus reducing fish, shellfish and seaweeds, not only for food turbidity and both directly and indirectly but also for medicinal and nutraceutical removing nitrogen and other nutrients. Via purposes. Filter-feeding bivalves have unique this process, these highly efficient water requirements for growth compared to other purifiers remove or reduce organic matter, aquaculture-reared organisms such as fish and nutrients, silt, bacteria and viruses, and seaweeds and, consequently, they have improve clarity and light transmission which, different interactions and impacts on the in turn, improves the condition of critical coastal waters, habitats and food webs in which habitat, including survival of critical habitat they are grown. Given this fact, these various species such as seagrasses and other attributes and potential beneficial interactions submerged vegetation. Thus they provide a amongst the various species under culture need net gain for the environment. As with any to be considered on their own merits in order living organism, too many shellfish in a given for the continued sustainable aquaculture area can result in an unbalanced ecosystem, as production of seafood. Cultured shellfish are has been demonstrated by intense mussel raft one of the few forms of marine aquaculture to culture operations in Spain. The phenomenon get a solid thumbs up of approval for of overstocking has not been documented in ecological stewardship from the Audubon U.S. shellfish aquaculture operations to date, Society, Monterey Bay Aquarium’s Seafood however. Clearly, it is in shellfish growers’ Watch and Eco-Fish. The broad-brush best interest to guard against overstocking approach of lumping all aquaculture impacts their farms, which would result in slower together is too simplistic an approach to what is growth and reduced production of their actually a complex set of issues. valuable crops. Working in concert with Mother Nature is always preferable to the Molluscan shellfish aquaculture is, by shellfish farmer. definition, a ‘green’ industry. Shellfish growers are committed to water quality – quality of It is important to emphasize that as their product and quality of the environment – opposed to other forms of aquaculture, or from the day the molluscs spawn to the day the agriculture for that matter, none of the food finished product is eaten by the consumer. consumed by bivalve shellfish is added to the Shellfish grown in approved, certified waters environment. They feed entirely on naturally provide a safe, nutritious, healthy food source. occurring particulates in the water column. In addition, the act of shellfish feeding While much of the food and nutrients (biofiltering) improves water quality by captured by shellfish are returned to the removing particulates and some unwanted environment as undigested waste or feces, nutrients from the water column. some is assimilated and used for growth and reproduction. What is not assimilated falls to Shellfish feed at the base of the food the bottom and becomes food for deposit chain - as first-order consumers they are feeders including many of the worms and vegetarians. Filter-feeding bivalve molluscs are crustaceans that, in turn, are used as food by an essential link between the bottom-dwelling predatory fish. Increased biodeposition of aquatic communities and phytoplankton organic matter in sediments leads to increased production in the water column. Shellfish are bacterial denitrification that can help to highly efficient water filters that directly remove nitrogen (N) from estuarine systems

Version 09-04a Page 80 Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts over-enriched with nutrient pollution (see waters and commercial shellfish harvest can Kaspar et al. 1985). only take place in growing waters that have been certified under the National Shellfish Filter-feeding molluscs not only remove Sanitation Program (NSSP), a stringent set of N from the water column, but also incorporate standards adopted by all shellfish producing a high proportion of it into their tissues. When states and operated under the Food and Drug the molluscs are harvested, the N is removed Administration. These standards include from the system. Shellfish are approximately monitoring for fecal coliform level, which is 1.4 percent nitrogen and 0.14 percent used as an indicator for human activity and phosphate by weight. This may not seem like the potential for pathogenic bacteria in the much, but when those shellfish are harvested, water; Vibrio's; harmful algal toxins; heavy substantial amounts of nutrients are metals and other contaminants. The NSSP permanently removed from the water. A standards fostered the first estuarine/ marine weekly harvest of only about 200 oysters can monitoring programs, and are the most compensate for the nutrient inputs of a typical stringent of all our water quality waterfront homeowner on a properly classifications, far exceeding those required functioning septic system (Rice et al. 2001). A for swimming. They are also one of the few commercial weekly harvest of ~10,000 oysters environmental monitoring programs where contains about 13.6 kg of nitrogen and 1.4 kg failure to meet water quality standards causes of phosphate, and can result in the removal of an immediate closure of the water to harvest. about 100 kg of N per year! In simple terms, an These bans remain in effect until water oyster farm of about 1 ha can compensate for quality monitoring indicates the area once the nitrogenous wastes of 40-50 coastal again meets standards. As a result, the inhabitants. As an added benefit, the associated presence of molluscan aquaculture often bacteria in sediments of an oyster bed can results in increased awareness and monitoring remove 20 percent or more of the N in oyster of environmental conditions of estuaries and wastes, using the same process that is used in coastal waters. Shellfish growers cannot modern wastewater treatment plants (see tolerate the discharge of untreated sewage Newell et al. 2003). Shellfish feeding can also near their farms and regularly monitor other help to control or even prevent harmful algal potentially harmful inputs to the local areas. blooms by removing the cells before the algae The contamination of areas for shellfish accumulate to environmentally detrimental culture or harvest has often provided the levels. Data indicate the importance of bivalves political impetus for improvement in sewage as modulators of suspended materials and treatment plants, or programs to fix local nutrient cycles in ecological systems. The septic systems. Even the courts are upholding effects are a primary reason that programs the environmental benefits of shellfish designed to rehabilitate our estuarine and culture. Recently, Taylor Shellfish in the state nearshore water such as the Chesapeake Bay of Washington’s Puget Sound was sued by a Program in the USA are encouraging hundred group of waterfront homeowners who claimed to thousand fold (or more) increases in the that the cultured mussels were polluting the numbers of bivalves in the system. water. The court found in favor of Taylor Shellfish stating: “...feces and chemicals Public health standards under which exuded from the live mussels have not been shellfish aquaculture operates demand clean shown in the record significantly to alter the

Version 09-04a Page 81 Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts character of Puget Sound waters, and the species. Shellfish beds provide a larger record suggests instead that the mussel- variety and biomass of associated harvesting operations generally purify the invertebrates and finfish than a similar area waters.” without shellfish.

Shellfish aquaculture is sustainable On the West Coast, the native oyster farming at its best, including the latest in (Ostrea conchaphila, “Olympia” oyster) came hatchery and nursery technology, stocking, close to the point of extinction in the mid crop-tending/density management, and 1900’s, due to a combination of over-harvest integrated pest management. Growers and pollution from pulp mills that dumped recognize the need to be stewards, of the toxic wastes directly into the marine waters. environment to maintain clean growing waters The Japanese oyster (Crassostrea gigas) was and ensure their own future viability. Many introduced by enterprising oyster farmers aquaculture organizations have or are during that period, providing the farmers with developing Environmental Codes of Practice, a hardier oyster and allowed the industry to including Best Management Practices, to continue. Armed with the knowledge of how ensure that as the industry develops, it pollution can destroy growing areas, shellfish maintains a responsible environmental record. farmers become first in the line of defense in Examples can be found in the USA, Chile, enacting laws and protecting and restoring New Zealand, Ireland and Canada. water quality to keep their industry alive. As a result, water quality has been restored in Shellfish culture is a winning many of the bays where the native oysters proposition on several fronts, and by its very were once prolific, and restoration efforts, nature in most cases meets the National that have included the latest in hatchery Organics Standards Board’s criteria required technology to maintain and promote native for ‘organic’ aquaculture (NOSB 1996) – broodstock used to recolonize beaches, are which calls for “an ecological production bringing about a resurgence in native oyster management system that promotes and populations. enhances biodiversity, biological cycles and soil biological activity.” According to the The structures used in aquaculture NOSB, farming practices should be based on (racks, cages, nets, ropes, trays and lines), and “minimal off-farm inputs and on management in particular shellfish aquaculture, act like practices that restore, maintain and enhance reefs and provide habitat and protection for a ecological harmony.” Shellfish farming myriad of other organisms, frequently serving embraces all these principles. as nursery grounds for fish and other shellfish, such as juvenile lobsters. They Further, due to the sedentary nature of provide protection from predators for juvenile shellfish, they are not prone to escape. They are fish and crustaceans, increased surface area farmed in well-defined areas, intertidally or for fouling (a benefit for many subtidally, either directly on the substrate or microorganisms and grazers, although not a suspended from rafts or stakes, often with benefit to the growers), and an increased food protective netting, or on racks. Shellfish culture supply for other organisms. also promotes and enhances biodiversity by creating structure and habitat for other marine

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Shellfish culture additionally can seaweeds with marine finfish culture a more reduce the negative impacts from bottom ecologically balanced approach can be disturbance that would occur if the area had achieved for the sustainable development of been used instead for harvest of wild stocks. seafood. Aquaculture is where the future The increased density on shellfish farms means growth of seafood will come and we believe less environmental impact and disturbance for that shellfish are the key to an ecologically equal yield compared to wild harvest. Growers sustainable venture. will typically plant at densities that are ten to several hundred times those found in beds that Shellfish are one of the best are open to wild harvesting. Farmers who rely candidates for ecologically sustainable on mechanical harvesting will therefore disturb aquaculture. Farming of shellfish not only a proportionately smaller area to harvest the provides a high quality, high value, same biomass. Moreover, culture areas are the sustainable harvest from the ocean, it also same year after year and typically are only provides jobs and social and economic disturbed when the crop reaches harvest size, development, all while providing tangible whereas wild harvesters work the same benefits to the marine environment. A grounds many times a year. productive shellfish farm means a healthy and equally productive surrounding environment Aquaculture represents an important – let’s give the lowly molluscs their due! opportunity for economic activity and social cohesion in coastal, rural areas, providing Notes family wage jobs in rural areas that are often otherwise economically depressed. 1 Department of Marine Sciences, University Aquaculture is an activity that occurs in and on of Connecticut, 1080 Shennecossett Road, the water and can, in part, provide an ideal Groton, Connecticut 06340 USA. occupational alternative for displaced 2 Pemaquid Oyster, P.O. Box 302, fishermen. Its development can preserve the Waldoboro, Maine 04572 USA. character and ambience of seaside fishing 3 Pacific Coast Shellfish Growers communities, utilize the local acquired Association, 1120 State Avenue NE, PMB knowledge and skills of the coastal folk, and #142, Olympia, Washington 98501 USA. allow the local denizens to remain 4 Martha’s Vineyard Shellfish Group, Oak economically and culturally tied to the marine Bluffs, Massachusetts 02557 USA. environment. 5 Rutgers University, Shellfish Research Laboratory, P.O. Box 687, Port Norris, New Odum (1989) stated that, “...... modern Jersey 08349 USA. aquaculture should adopt a new strategy, a 6 Moonstone Oysters, Wakefield, Rhode model of community-based, ecologically Island 02879 USA. sustainable aquaculture.” Polyculture of 7 NOAA National Marine Fisheries Service, shellfish on salmon leases has been 212 Rogers Avenue, Milford, Connecticut demonstrated to be a viable option by many 06460 USA. studies (see Parsons et al. 2002) and seaweed culture is a net consumer of dissolved nutrients from the water column. It is possible that by integrating the culture of shellfish and

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References

Anderson, J.L. 2002. Aquaculture and the Parsons, J.G., S.E. Shumway, S.Kuenstner future: Why fisheries Economists should and A. Gryska. 2002. Polyculture of sea care. Marine Resource Economics 17: 133- scallops (Placopecten magellanicus) 151. suspended from salmon cages. Kaspar, H.F., P.A. Gillespie, I.C. Boyer, and Aquaculture International 10: 65-77. A.L. MacKenzie. 1985. Effects of mussel Rice, M., in: Tlusty, M.F., D.A. Bengston, aquaculture on the nitrogen cycle and H.O. Halvorson, S.D. Oktay, J.B. Pearce benthic communities in Kenepuru Sound, and R.B. Rheault, JR. (Eds.) 2001. Marlborough Sounds, New Zealand. Environmental impacts of shellfish Marine Biology 85: 127-136. aquaculture: filter feeding to control Newell, R.I.E., J.C. Cornwell and M.S. Owens. eutrophication. Pp. 76-86 In: Marine 2003 Influence of simulated bivalve Aquaculture and the Marine Environment: biodeposition and microphytobenthos on A meeting for the Stakeholders in the sediment nitrogen dynamics: A laboratory Northeast. Held January 11-13, 2001 at study. Limnology and Oceanography 47, the University of Massachusetts Boston. pp. 1367-1379. Cape Cod Press, Falmouth, MA. Odum, E.P. 1989. Input Management of Production Systems. Science 243: 177-181

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Appendix 2: GENERAL LAWS OF MASSACHUSETTS

PART I. ADMINISTRATION OF THE GOVERNMENT.

TITLE XIX. AGRICULTURE AND CONSERVATION.

CHAPTER 130. MARINE FISH AND FISHERIES. {http://www.state.ma.us/legis/laws/mgl/gl-130-toc.htm}

Section 57. Shellfish aquaculture licenses; that issuance of a shellfish aquaculture license application; renewal; transfer. and operation thereunder will cause no The city council or mayor of any city, or the substantial adverse effect on the shellfish or selectmen of any town, may upon written other natural resources of the city or town. application, accompanied by plans sufficient to Upon such certification by the director, the show the intended project and project area to city council or selectmen may issue the be licensed, and after public notice and hearing license, provided, however, that no license pursuant to section sixty, grant to any person a shall be issued for any areas then or within shellfish aquaculture license. two years prior thereto, closed for municipal Said license shall authorize said licensee in cultivation under the provisions of section such city or town at all times of the year, in, fifty-four. Failure of the director to so certify upon, or from a specific portion of coastal shall be deemed a denial of the shellfish waters of the commonwealth, of tidal flats or aquaculture license. The director's land under coastal waters: (1) to plant and grow certification or refusal to certify shall be shellfish, bottom/off bottom culture; (2) to reviewable in accordance with section place shellfish in or under protective devices fourteen of chapter thirty A. affixed directly to the tidal flats or land under Licenses under this section shall be granted or coastal waters, such as boxes, trays, pens, bags, denied in writing within sixty days after or nets; (3) to harvest and take legal shellfish; receipt of the written application and shall be (4) to plant cultch for the purpose of catching issued upon forms supplied by such cities and shellfish seed; and (5) to grow shellfish by towns and upon such terms and conditions means of racks, rafts or floats. and subject to such terms, conditions or After receipt of a written application by the city regulations as the city council or selectmen council or selectmen, and after the notice and issuing the same shall deem proper, but not so public hearing requirements of this section are as to impair the private rights of any person or satisfied and the licensing authority approves to materially obstruct navigable waters, and the application, the director shall, after said license shall describe by metes and inspection of the intended project area, certify bounds the waters, flats or creeks covered

Version 09-04a Page 85 Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts thereby. Shellfish aquaculture licenses pursuant the effective date of this section. Nothing in to this section shall be subject to any rules and this section shall excuse the licensee from regulations promulgated by the director, complying with other laws of the including those concerning the use and scope commonwealth, including environmental laws of predator controls in the intertidal zone, and and laws concerning interference with said licenses may be further conditioned by the navigation. director as he deems necessary and appropriate, Said shellfish aquaculture license may be including species to be propagated and the transferred pursuant to section fifty-eight and source and movement of seed shellfish. all rights and privileges enjoyed by the Said license shall be for a period of not more licensee shall be assumed by the transferee. than ten years and may be renewed for similar Any license issued under the provisions of periods. Said license may be revoked by the this section shall, upon the death of the city council, selectmen or the director for licensee, continue in full force and effect, failure to comply with any terms, conditions or subject to the same terms, conditions, and regulations set forth by these entities, or for regulations imposed upon the original license, lack of substantial use of the licensed area. for the balance of the unexpired term, or one Said licensee shall have the right to the year whichever is longer, for the use of the exclusive use of the lands and waters for the members of the immediate family of the purposes of growing shellfish thereon, and the deceased licensee. For the purposes of this licensee shall plainly mark the boundaries of section, immediate family shall mean the said area. The selectmen or city council shall spouse, son, daughter, mother, father, brother permit, as a condition of the license, such and sister of said deceased licensee. public uses of said waters and lands as are Nothing in this section shall be deemed to compatible with the aquacultural enterprise. affect the validity, conditions, or term of any Whoever without the consent of the licensee, license granted under corresponding unless otherwise permitted by the terms and provisions of earlier laws and in full force conditions of said license: (1) takes shellfish upon the effective date of this section. from the licensed lands or waters or from said racks, rafts or floats; (2) disturbs the licensed Section 58. Transfer or renewal of licenses. area or the growth of the shellfish thereon in Any license granted under section fifty-seven any way; (3) discharges any substance which or corresponding provisions of earlier laws may directly or indirectly injure the shellfish; may be transferred with the approval of the (4) willfully injures, defaces, destroys, removes city council or selectmen to any person to or trespasses upon said racks, rafts, or floats; or whom it might originally have been granted, (5) willfully injures, defaces, destroys, removes and, whether or not so transferred, may, or trespasses upon said protective devices within two years before the expiration of its affixed directly to the tidal flats, such as boxes, then current term, be renewed from the trays, pens, bags, or nets shall be liable in tort expiration of the original term for a further for treble damages and costs to the licensee term or terms, each term not to exceed fifteen injured by such act. years. The provisions of this chapter or of Nothing in this section shall be deemed to corresponding provisions of earlier laws affect the validity, conditions, or terms of any applicable to the original issuance of such license granted under the corresponding license shall, so far as apt, apply to a transfer provisions of earlier laws and in full force upon or a renewal thereof hereunder.

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Section 59. Application for license; request Section 62. Records of licensed areas, for survey and plan. licenses granted, transfers and renewals; Any person, firm or corporation qualified as recording; fee; inspection of records. provided in section fifty-seven and desiring to The aldermen, city council or selectmen shall obtain a license thereunder shall present to the keep in their offices plans showing all such city council or selectmen a written application licensed areas, and, in a book devoted to that setting forth the name and residence of the purpose only, a record of each license granted applicant, a definite description made by and of all transfers or renewals thereof, which reference to a survey conducted by the shall include the name and residence of the applicant, and a request that such license be licensee or transferee, the dates of issue, granted to the applicant. transfer, renewal and expiration thereof, and a copy of the description of the licensed areas Section 60. Hearing on issuance of license; as the same appears in the license. Each notice; publication. license, and all transfers or renewals thereof, No license referred to in section fifty-seven shall forthwith after the granting or approval shall be granted, transferred or renewed until thereof be transmitted by the board so after a public hearing, due notice of which has granting or approving the same to the city or been posted in three or more public places, and town clerk, who shall record the same in a published in a newspaper, if any, published in book kept especially therefor in his office. the city or town where the territory described in The licensee or transferee shall within thirty the application is situated at least ten days days after such issue or approval pay to said before the time fixed for the hearing, stating clerk for each license or renewal issued or the name and residence of the applicant or transfer approved one dollar for such transferee, as the case may be, the date of the recording, and for each license issued shall filing of the application for such license, also pay four dollars as reimbursement of said transfer or renewal, and the location, area and city or town for the cost incurred in granting description of said territory. said license, a record of which payment shall forthwith be entered upon said record by said Section 61. Marking of territory covered by clerk, and such license, transfer or renewal license; maintenance of markings; penalty shall not take effect until said fees are paid for failure thereof. and entry thereof made as aforesaid. Said The licensee upon receiving his license shall records shall be open to public inspection at cause the territory covered thereby to be all reasonable times. Forms for such license plainly marked out by monuments, marks or and for the transfer or renewal of the same ranges and by stakes or buoys, with the number shall be provided by the aldermen, city of his license painted in figures at least two council or selectmen at the expense of their inches in height in a conspicuous place on each city or town. of said stakes or buoys or on flags attached thereto, which shall be maintained by him or Section 63. Exclusive rights of licensees or his transferee during the term of the license or transferees; trespass on licensed area; of any renewal thereof. Failure to place or treble damages. reasonably to maintain the same shall be The licensee or transferee, or his legal sufficient cause for revocation of the license. representatives, shall, for the purposes set

Version 09-04a Page 87 Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts forth in section fifty-seven and in accord with number of each kind of shellfish planted, the terms set forth in said license, have during produced or marketed during the preceding the term of the license or of any renewal year upon or from such licensed area, and an thereof the exclusive use of the waters, flats or estimate of the total number of each kind of creeks described in the license, and the shellfish at the time of such report planted or exclusive right to take all shellfish therefrom growing thereon. The city council or during the time therein specified, selectmen may specify a reasonable yearly notwithstanding any regulations made by the market value to be produced by each shellfish aldermen, city council or selectmen of the city project licensed pursuant to section fifty- or town, subsequent to the issuance of such seven. Failure of the licensed shellfish project license or to the renewal thereof, as the case to meet such a value for any three consecutive may be; provided, that this section shall not be years thereafter may result in a forfeit of the construed to authorize any taking prohibited by shellfish aquaculture license and licensed law. The licensee or transferee, or his legal area. representatives, may in tort recover treble damages of any person who without his or their Section 66. Destruction or removal of consent, unless otherwise authorized by law or marks or bounds; double damages. by lawful regulation so to do, digs or takes Whoever wilfully injures, defaces, destroys or shellfish of any kind, or shells, from such removes any mark or bound used to define the waters, flats or creeks, or disturbs the same extent of any shellfish license or grant, or thereon, during the continuance of the license places any unauthorized mark thereon, or ties or of any renewal thereof. or fastens any boat or vessel thereto, shall be punished by a fine of not less than three nor Section 64. Annual fee for license; non- more than twenty dollars and shall be liable in payment. tort for double damages and costs to the Every such licensee or transferee shall pay to licensee or transferee injured by such act. the city or town, on or before a date to be fixed by the aldermen, city council or selectmen, an Section 67. Taking shellfish from licensed annual fee of not less than five nor more than grounds or beds without consent. twenty-five dollars per acre, or part thereof. If Whoever works a dredge, oyster tongs or any such fee is not paid within six months after rakes, or any other implement for the taking it becomes due the license shall thereupon be of shellfish of any description upon any forfeited. shellfish grounds or beds covered by a license granted under section fifty-seven or Section 65. Annual report of shellfish corresponding provisions of earlier laws, or in planted, produced and marketed; estimate any way disturbs the growth of the shellfish of growing shellfish; forfeiture for thereon, or whoever discharges any substance deficiency. which may directly or indirectly injure the Every licensee or transferee of a license shellfish upon any such grounds or beds, referred to in section fifty-seven shall submit without the consent of the licensee or on oath on or before December thirty-first in transferee, as the case may be, or whoever, each year to the director and to the city council while upon or sailing over any such grounds or selectmen of the city or town wherein the or beds, casts, hauls, or has overboard any licensed area is situated a report of the total such dredge, tongs, rake or other implement

Version 09-04a Page 88 Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts for the taking of shellfish of any description, under any pretence or for any purpose whatever, without the consent of the licensee or transferee, as the case may be, shall for the first offence be punished by a fine of not more than twenty dollars or by imprisonment for not more than one month, and for a subsequent offence by a fine of not more than fifty dollars or by imprisonment for not more than six months.

Section 68. Digging, taking or carrying away shellfish from licensed waters, flats or creeks at night No person shall dig, take or carry away any shellfish or shells between one half hour after sunset and one half hour before sunrise, by any method whatever, from any waters, flats or creeks as to which a license under section fifty- seven or corresponding provisions of earlier laws is outstanding. A licensee or transferee of such a license violating this section shall, in addition to all other penalties provided, forfeit his license and the shellfish remaining on the licensed premises. Whoever violates any provision of this section, or whoever, without the consent of the licensee or transferee, digs or takes any shellfish or shells from any waters, flats or creeks described in any license granted under section fifty-seven, or corresponding provisions of earlier laws, during the continuance of such license or of any renewal thereof, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not less than one nor more than six months, or both.

(25 November 2002)

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Appendix 3:

Application No.: 200300120 Effective Date: January 11, 2000 Applicant: General Public in the Expiration Date: January 11, 2005 Commonwealth of Massachusetts Modification Date: June 30, 2003

DEPARTMENT OF THE ARMY PROGRAMMATIC GENERAL PERMIT COMMONWEALTH OF MASSACHUSETTS {http://www.nae.usace.army.mil/reg/mapgp.pdf}

The New England District of the U.S. Army Corps of Engineers (Corps) hereby modifies the previously issued Programmatic General Permit (PGP). The PGP expedites review of minimal impact work in coastal and inland waters and wetlands within the Commonwealth of Massachusetts…….

VIII. AQUACULTURE GUIDELINES

NOTE: The following guidelines are excerpted from Corps Aquaculture Letter of Permission dated September 1, 1991, with some modern clarifications.

Shellfish Aquacultural Facilities are used for bottom and/or suspended culturing and harvesting of bivalve molluscs in the inter-tidal and immediate sub-tidal area of navigable waters. Activities covered include: deployment and maintenance of buoys, rafts, trays, lines, and other equipment associated with the activity; discharge of minor quantities of fill material (i.e. as mineral growth medium) and work, including seed placement, transplanting, temporary wet storage, and harvesting. Activity must be found to have minimal impacts on navigation and the environment and must meet the following specific criteria:

A. The area authorized for this activity shall not exceed 10 acres, except where the permittee is a duly authorized municipality, for which the maximum size shall be 25 acres;

B. The area and any elevated structures within it are marked in conformance with 33 CFR 64, and permittee has contacted the U.S. Coast Guard, First District, Aids to Navigation Branch (617) 223-8385 to coordinate the proper Version 09-04a Page 91 Best Management Practices for the Shellfish Culture Industry in Southeastern Massachusetts

buoy markings for the activity. Buoys shall be deployed and maintained as appropriate.

C. No structure or device (except for marking buoys and as noted in D below) shall protrude more than 18” above the substrate;

D. Rafts and other floating equipment may be allowed to the extent that they cover no more than 10% of the project area, or 20,000 square feet, whichever is greater. An area shall be considered to be covered with floating equipment if normal navigation through the area is precluded. Projects which are in-place and authorized by the municipality (and State Division of Marine Fisheries if applicable) by 1 September 1991 which have areas containing floating equipment exceeding the aforementioned limits may be authorized if they meet the remaining criteria. All rafts shall be securely anchored to the bottom, and all “lines” shall be attached to fixed mooring points at both ends;

E. Mineral growth medium used in culture trays shall be clean and of comparable grain size to the native substrate;

F. No activity shall occur within a distance of 25 feet from beds of eelgrass, widgeon grass, or salt marsh, nor shall such vegetation be damaged or removed;

G. An activity is not authorized by any general permit if it can be shown that the activity, including any vehicular access, will have more than minimal negative impacts on avian resources such as, but not limited to: shore birds, wading birds, or members of the waterfowl group. This is meant to include migratory bird nesting, feeding or resting activities (see 50 CFR 10.13);

H. An activity is not authorized by any general permit if it can be shown that the activity, including any vehicular access, will have more than minimal negative impacts on existing or naturally occurring beds or population of shellfish, marine worms or other invertebrates that could be used by humans, other mammals, birds, reptiles, or predatory fish;

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I. No activity nor vehicular access to an activity shall occur in such a way as to negatively impact coastal or freshwater wetlands, or any endangered or threatened species on either the Federal or Massachusetts species list.

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Appendix 4:

THIS FACT SHEET POINTS OUT CERTAIN FEATURES OF CROP INSURANCE AND IS NOT INTENDED TO BE COMPREHENSIVE. THE INFORMATION BELOW NEITHER MODIFIES NOR REPLACES TERMS AND CONDITIONS OF THE BASIC POLICY, THE CROP PROVISIONS, OR THE COUNTY ACTUARIAL DOCUMENTS. CONTACT A CROP INSURANCE AGENT FOR FURTHER DETAILS.

CROP INSURED Insurance may be provided for all of your clams in the county that are at least 10 mm in size and that meet all other requirements for insurability.

COUNTIES In the Raleigh Region, clams are insurable under a pilot program in the following states and counties:

Massachusetts Barnstable Bristol Dukes Nantucket Plymouth Virginia Accomack Northampton

CAUSES OF LOSS A recognized marine authority must document the cause of loss and a copy of the documentation included with the claim before a loss payment can be made.

Insurance is provided for mortality of clams caused only by the following causes of loss: Oxygen Depletion Disease Freeze Hurricane Decrease of Salinity Tidal Wave Storm Surge Ice Floe

IMPORTANT DATES Sales Closing and Inventory Reporting Date > > > November 30, 2003

DEFINITIONS Amount of Your dollar amount of coverage determined by multiplying the number of all Insurance insurable clams seeded in each basic unit X the survival factor (60%) X the price X the price factor X the coverage level percentage you elect X your share.

Inventory Value A report submitted no later than November 30 by the insured declaring the dollar Report value of insurable clams.

Stage 2 Clams Clams that are at least 10 mm in size seeded after July 15 of the most recent past crop year.

Stage 3 Clams Clams that are at least 10 mm in size seeded before July 16 of the most recent past crop year.

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DUTIES IN THE EVENT OF DAMAGE OR LOSS • Notify your agent within 72 hours of your initial discovery of damage; • Obtain written permission prior to changing or discontinuing normal practices with respect to care and maintenance of clams.

2004 Clams

Price Factor: Stage 2 Clams> > > >0.50 Stage 3 Clams> > > >1.00

COVERAGE & PREMIUM Coverage levels range from 50 to 75 percent average APH yield. Catastrophic (CAT) Coverage is fixed at 50% of your average yield and 55% of the Price Election. CAT coverage costs an administrative fee of $100 per crop per county, regardless of the acreage.

Crop insurance premiums are subsidized as shown in the following table. For example, if you selected the 75 percent coverage level, your premium share would be 45 percent of the base premium:

Coverage Level 50% 55% 60% 65% 70% 75% Premium Subsidy 67% 64% 64% 59% 59% 55% Your Premium Share 33% 36% 36% 41% 41% 45%

INSURANCE PERIOD Coverage begins December 1 when application/inventory value report are submitted by October 30, or the 31st day if the application/inventory value report are submitted between November 1 and 30, and ends at the earlier of: The date of final adjustment of a loss when total indemnity equals the amount of insurance November 30, 2004.

Insurance coverage ends on any clams that remain on the lease as of the: Third anniversary of their seeding date in Virginia Fourth anniversary of their seeding date in Massachusetts.

INSURANCE UNITS In addition to optional units based on non-contiguous lease sites optional units will also be available based on stage 2 or 3 clams as identified in the special provisions. Clams seeded during the year of insurance will be classified as stage 2 and are considered part of the appropriate optional unit.

Liability of the stage 2 optional unit may be adjusted upward at loss time to reflect additional seeding as long as the total liability of the insurance contract does not exceed the total reported liability of the insurance contract. Otherwise, a timely revised inventory report must have been submitted.

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LOSS EXAMPLE Assume a clam inventory value of $100,000. At the 75% coverage level, insurable inventory = $75,000.

$100,000 Field Market Value Before Loss - $50,000 Field Market Value After Loss $50,000 Value of Loss

- $25,000 Deductible (1 - .75 coverage level X $100,000 clam inventory value) $25,000 Indemnity Payment (before premium)

For more information, visit the Risk Management Agency web site at www.rma.usda.gov

USDA is an equal opportunity provider and employer. 9/17/03 Published by the Raleigh Regional Office, Risk Management Agency, USDA 919 -875-4880

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Crop Insurance Agents Serving Massachusetts 10/30/03 Note: Many agents are licensed to sell insurance in more than one state; therefore, your search results may return agents who sell in one state and reside in another . For Sales In: Name: Telephone: City: State: Massachusetts Campbell, E (618) 656-4240 Edwardsville IL Massachusetts Pettiford, S (618) 656-4240 Edwardsville IL Massachusetts Smucker, K (618) 656-4240 Edwardsville IL Massachusetts Blair, R (508) 866-9150 Carver MA Massachusetts Cross, J (508) 867-7538 East Brookfield MA Massachusetts Maxwell, S (508) 867-7538 East Brookfield MA Massachusetts Wilson Jr, C (508) 867-7538 East Brookfield MA Massachusetts Loranger, C (508) 763-5772 East Freetown MA Massachusetts Plastridge, P (978) 486-3575 Littleton MA Massachusetts Sylvia, M (508) 428-0440 Osterville MA Massachusetts Spencer, E (508) 747-8181 Plymouth MA Massachusetts Martin, D (508) 295-2007 West Wareham MA Massachusetts Carroll, A (270) 793-8988 Limerick ME Massachusetts Kisselburgh, C (207) 793-8988 Limerick ME Massachusetts Bodley, K (800) 234-7012 Cortland NY Massachusetts Forrett, J (800) 234-7012 Cortland NY Massachusetts Blasco, J (814) 774-9212 Lake City PA

Note: Information contained in these agent listings is provided by insurance providers under a reinsurance agreement with RMA. Questions or comments about the information in these lists should be referred to the appropriate insurance provider.

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Appendix 5:

Contact information for shellfish aquaculture professionals in the southeastern Massachusetts region.

• William Burt • Richard Karney Cape Cod Cooperative Extension & P.O. Box 1552 SouthEastern Massachusetts Oak Bluffs, MA 02557 Aquaculture Center 508-693-0391 Registry of Deeds/Probate Building, [email protected] Railroad Avenue, P.O. Box 367, Barnstable, MA 02630 • Richard Kraus 508 375-6702 Aquaculture Research Corporation [email protected] P.O. Box 2028, Chapin Beach Road Dennis, Massachusetts 02638 • William Clark 800-334-1380 Cape Cod Cooperative Extension Registry of Deeds/Probate Building • Dale Leavitt Railroad Avenue, P.O. Box 367 Roger Williams University Barnstable, MA 02630 220 M&NS Bldg 508 375-6701 One Old Ferry Road [email protected] Bristol, RI 02809 401 254-3047 • Robert Garrison [email protected] Wampanoag Aquinnah Shellfish Hatchery • Massachusetts Aquaculture 20 Black Brook Road Association Aquinnah, MA 02535 P.O. Box 500 508-645-9420 North Eastham, MA 02651 [email protected] 508 247-9122 [email protected] • J. Michael Hickey Massachusetts Division of Marine • Jerome Moles Fisheries Massachusetts Division of Marine 50A Portside Drive Fisheries Pocasset, MA 02559 50A Portside Drive 508 563-1779 ext. 122 Pocasset, MA 02559 508 563-1779 ext. 129

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• Diane Murphy • Bethany Walton Cape Cod Cooperative Extension & Aquaculture Laboratory SouthEastern Massachusetts Massachusetts Maritime Academy Aquaculture Center 101 Academy Drive Registry of Deeds/Probate Building, Buzzards Bay, MA 02532 Railroad Avenue, P.O. Box 367, 508 830-6691 Barnstable, MA 02630 [email protected] 508 375-6953 [email protected] • William Walton Cape Cod Cooperative Extension, • Roxanna Smolowitz, DVM Woods Hole Sea Grant, and Marine Biological Laboratory SouthEastern Massachusetts Water Street Aquaculture Center Woods Hole, MA 02543 Registry of Deeds/Probate Building, 508 289-7400 Railroad Avenue, P.O. Box 367, [email protected] Barnstable, MA 02630 508 375-6849 • Scott Soares [email protected] Massachusetts Department of Agricultural Resources 251 Causeway Street, Suite 500 Boston, MA 02114 617 626-1730 [email protected]

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