1. Policy Research Shop Support for the Policy Research Shop is provided by the Fund for the Improvement of Postsecondary Education, U.S. Department of Education. Policy Research Shop DEVELOPING NEW HAMPSHIRE AQUACULTURE REGULATION A Comparative Case Study of Eastern Coastal States Michael Baicker and Ke Zhao Presented to the New Hampshire Department of Environmental Services April 23, 2015 The contents of this report were developed under grant P116B100070 from the U.S. Department of Education. However, these contents do not necessarily represent the policy of the U.S. Department of Education, and you should not assume endorsement by the Federal Government.

2. Policy Research Shop Introduction Overview of Task Introduction to Research Design and Methodology Comparison of Existing State Policies Conclusions

3. Policy Research Shop Why a Comparative Case Study? Provides insight into current regulatory policies in place. Allows for a comprehensive overview of relevant states’ policies. Highlights successes, failures, and viable tactics of each state.

4. Policy Research Shop Criteria for Comparison Oceanic and climatic conditions Aquacultured species Existing regulatory framework

5. Policy Research Shop Research Methodology States: Massachusetts, New Jersey, and Maine Permitting Process Enforcement Environmental Consequences Economic Consequences Public Opinion

6. Policy Research Shop Permitting Process Characteristics Percentage of rejected permit applications Permit cost Length of permit Length of time to obtain permit # of people running large scale operations without permits Extent of state oversight Involved agencies Forbidden coastal environments

7. Policy Research Shop Public Input Public hearing processes Opportunities for public comment Reconciliation of Public Trust

8. Policy Research Shop Economic Consequences How much time does the process consume? Cost to obtain license including site assessment Effects of Best Management Practices (BMPs)

9. Policy Research Shop Environmental Consequences Environmental costs Coastal water quality Wetlands protection

10. Policy Research Shop Findings: Massachusetts “Home rule” town-by-town approach Multi-layered permitting process – Local review – Public hearing – Division of Marine Fisheries Public trust a concern in judicial system Mix of family-run and commercial operations Foreseeable expansion limited at best

11. Policy Research Shop Findings: New Jersey Two systems in place: ADZs and standard application NJDEP oversees all aquaculture license applications Up to nine different agencies can be involved in permitting process New ADZ system employs a “parking lot” design, clearly designating certain areas for aquaculture use, eliminating public trust issues.

12. Policy Research Shop Findings: Maine Unified permitting process overseen by Department of Marine Resources Tiered leasing system designed to streamline and scale process to size of aquaculture operation. Public comment periods allow for reconciliation of public and private use of waters. Lack of data surrounding environmental effects.

13. Policy Research Shop Conclusions Massachusetts demonstrates issues that arise from localized regulation – lack of standardization and inter-municipal coordination. New Jersey’s ADZ system potentially applicable to New Hampshire due to small coastal area that could easily be divided into lots. Maine’s tiered system scales well as compared to Massachusetts and New Jersey. It is also the most integrated process.