There are currently no commercial kelp farms in Alabama; the legal status of commercial kelp farming is unconfirmed. A few research projects incorporated various species of seaweeds on oyster farms in 2017. There is an active commercial shellfishing industry in Alabama.

Yes! Sugar kelp grows in Alaska, and ocean farmers are growing it on farms, along with bull kelp and ribbon kelp.

$6,225 plus liability insurance and any additional bond fees set by the Department of Natural Resources; our number includes the minimum performance bond of $2,500, as well as various application, license, and lease fees. 

The Alaska Department of Natural Resources (ADNR) is the lease-granting authority, and the Alaska Department of Fish & Game (ADF&G) is the agency that issues the permits for wild seedstock collection and for growing seed on your farm. The agencies have a Joint Application and only accept applications between January 1 and April 30 of each year.

Yes. Visit the ADF&G map of current permitted operations to find out where people are farming and what they are permitted to grow. 

Yes. Alaska Ocean Observing System (AOOS) developed a Mariculture Map decision support tool, currently in its BETA form. The Mariculture Map brings together multiple data sets, so you can explore and evaluate everything from seabird colonies to salinity across more than 6,600 miles of coastline. Once you hone in on an area of interest, you can use the tool to create a General Location Map, Detailed Location Map, and Site Plan Map for your lease and permit applications.

Visit the Alaska Aquaculture Permitting Portal. Review the Aquatic Farm Leasing Program information on the ADNR website and information about applying for an Operation Permit from the ADF&G. Consider downloading the Alaska Aquaculture Permitting Guide.

1 to 2 years, on average, though it may take less time if your application is thorough and deemed “complete” early in the review process. And, it may take longer if a public hearing is deemed necessary.

Governor Walker created the Alaska Mariculture Task Force in 2016 to create a comprehensive plan to boost the industry. The 2018 Alaska Mariculture Development Plan outlines ambitious plans to scale the seaweed and shellfish farming industry and grow a $100 million mariculture industry in 20 years.

The agencies overseeing mariculture leases and permits (ADNR and ADF&G, respectively) have seen an uptick in applications in recent years and are working to increase capacity to review lease and permit applications.

The annual cost per acre of subtidal land is higher in Alaska than in most other states with an established seaweed and shellfish farming industry, starting at $450 for the first acre, with an additional $125 for each acre (or portion thereof) added up to 30 acres, past which it drops to $109 per additional acre. The national average is about $70 per acre.

Alaska Department of Natural Resources (ADNR) is the lease granting authority for tidal and subtidal lands.

Business license ($50 annually)
Joint Application with ADNR and ADF&G for an on-bottom lease and aquatic farm operations permit limited to a 10-year term ($100 filing fee); application fee:

• 1 acre, ≤ 24 hours staff time ($600)
• 1-3 acres, ≤ 60 hours staff time ($1200)
• 3+ acres, ≤ 100 hours staff time ($2000)

Annual lease fee ($450 for the first acre, plus an additional $125 per acre for first 30 acres and $109 for each acre over 30)
If culturing on-bottom for clams assessment costs:

• subtidal survey ($5000/day)
• intertidal survey ($2000/day)

ADEC Water quality ($500/classification) (shellfish only)
ADNR Minimum Performance Bond requirement ($2500)
ADNR Proof of Annual Liability insurance
ADNR Term of Lease states that by the fifth year, aquatic farm annual product sales must be at least $3000/acre (or fraction of an acre) or $15,000/farm, whichever is less

Note: Alaska Department of Fish and Game grants permits for collection, cultivation, and harvest of shellfish and aquatic plants.

ADF&G Farming Operation Permit; for 10-year term costs ($100 renewal)
ADEC Shellfish Harvester, Processor, Shipper, and Value Added Food Permit(s)
ADEC Shellfish Grower Area Classification ($500 initial fee, $150 reclassification)
ADF&G Stock Transport Permit, annual; to transfer stock to, from, or between an aquatic farm, hatchery, or stock acquisition site (in state waters)
ADF&G Stock Acquisition Permit, annual; to collect wild stock from outside of an aquatic farm site for the purposes of providing broodstock or seedstock to a hatchery or farm
Shellfish Import Certification, annual; for hatchery/nursery
Shellfish Instate Seed Distributor Approval, 1-3+ year term, for hatchery/nursery
ADEC Shellfish Harvester permit ($162); Deal Permit variable (up to $1298)
USACE General Permit authorization to place aquatic farm structures in navigable waters includes consultation with USCG, NOAA, NMFS for Marine Mammal Endangered Species Habitat (ESA) and Essential Fish Habitat (EFH) (no fee)
ADF&G Division of Habitat, Critical Habitat: Special Area Permit approval required for a project located within a state game refuge, sanctuary, or critical habitat area (no fee)
Other Federal authorizations may be required, such as USFWS for projects within Wildlife Refuge areas and USFS for associated upland use within national forests

AK Department of Commerce, Community, and Economic Development Business License
Water Quality Classification/Sanitary Survey (shellfish only)
Shellfish Sampling Plan (Paralytic Shellfish Poisoning Testing)
HACCP Certification (shellfish only)
Annual operating performance reporting requirement

ADEC, ADF&G, ADNR, USACE, tribes, local jurisdiction (e.g. municipalities/local governments, harbor authorities, others)

Alaska Aquaculture Permitting Portal

Note: Application timeline window limited to period between January 1 to April 30 annually.

ADEC – Alaska Department of Environmental Conservation
ADF&G – Alaska Department of Fish and Game
ADNR – Alaska Department of Natural Resources
FWS – U.S. Fish and Wildlife Service
HACCP – Hazards and Critical Control Points
JARPA – Joint Aquatic Resources Permit Application
NMFS – National Marine Fisheries Service
NOAA – National Oceanic and Atmospheric Administration
USACE – U.S. Army Corps of Engineers
USCG – U.S. Coast Guard
USFS – U.S. Forest Service

To be determined. Native giant kelp, sea lettuce, gracilaria, dulse, and a handful of other species of red seaweed have been approved for cultivation on research or commercial farms. Regulators are evaluating the presence of sugar kelp in California waters and potential for sourcing seed for cultivation.

The base costs for lease application fees and related permits is $6,470. Recent applicants for multi-species seaweed and shellfish farms have had to complete a California Environmental Quality Act (CEQA) review, with a price tag that may exceed $500,000. Costs of the CEQA review will vary, but expect them to be steep. Seaweed and shellfish farmers must also secure Public Liability Insurance before a lease and permit will be issued; those costs are variable and are not included in the base cost listed above.

No new leases have been granted for shellfish cultivation in over 20 years. While the oyster-growing industry is historic and well established, no commercial kelp farms have yet launched in the state. One commercial seaweed farm, growing dulse and gracilaria, was established in Northern California in fall 2020. A few experimental seaweed farm sites operate under scientific research permits. Currently, barriers to entry are high for prospective ocean farmers, with the state’s lease application process being prohibitively expensive, mainly due to costs related to CEQA requirements, including high consultancy fees for conducting the biological studies required to complete an Environmental Impact Report, subject to public review.

Yes, sort of. The California Department of Fish & Game MARINE Map currently shows the locations of existing shellfish farms but does not include areas approved for seaweed culture (in Humboldt Bay).

In addition to the CA DFG MARINE Map, the National Oceanic and Atmospheric Administration’s (NOAA’s) National AquaMapper – Marine Aquaculture Screening Tool combines biophysical data with shipping and marine industry data across the U.S. coastline. You may need to dig a little deeper to find specific information about the bay, harbor, or water body that you are interested in farming in, but this is a good place to start.

If you are looking for a site in California state waters, the first place to look is the California Department of Fish and Wildlife – Aquaculture.

If you are seeking a site offshore from California, visit the California Offshore Shellfish Aquaculture Project (COSAP) website.

For additional information about seaweed farming in California, read GreenWave’s Guidelines for California Ocean Farm Permit Approval.

3 to 5 years. A farmer must have a lease before a permit will be issued. The process to secure a lease may take 2 years, but there is a statewide freeze on new lease applications in place until at least Nov 2020. Most sites will also require an Environmental Impact Assessment. This process varies in cost, but recent averages range from $100,000 to $600,000 for the review and report.

The process of securing a lease and permit in California is much more difficult and expensive than in other states where commercial farming of seaweed and/or shellfish is allowed. Though the state is making progress and there are numerous interest groups trying to make advances for seaweed farming specifically, there is not a clear roadmap for permitting a seaweed farm in state waters.

Read GreenWave’s Guidelines for California Ocean Farm Permit Approval.

Per CEQA requirements, prospective farmers are required to complete an Environmental Impact Assessment for their site. This process is prohibitively expensive for most—we’ve seen quotes of over $600,000 for a 100-acre site—and will favor larger businesses or developers who can pay the hundreds of thousands of dollars required to complete the assessment and write a report. Humboldt Harbor and Recreation District maintains a small number of pre-permitted sites, but lease costs are high—no doubt to defray these costs of the CEQA review and capitalize on their rareness. The average cost of an acre of subtidal land for aquatic farming in the U.S. is about $70 per acre per year. In Humboldt Bay, pre-permitted sites are about 50 times more expensive than the national average, ranging from $300 to $400 per acre per month (yes, per month).

California Department of Fish and Wildlife (CDFW), California Fish & Game Commission (FGC)

CDFW State Aquaculture Coordinator reviews submitted lease applications. Once the application is complete, CDFW presents a staff report to FGC at a public hearing. If the lease area is available and in the public interest, FGC publishes a notice. The applicant then initiates the CEQA environmental review process, if required. After a second public hearing, FGC makes the final decision whether to issue the lease. Note: no new water-bottom leases have been issued by the state for shellfish operations for about 25 years. For additional leasing information, visit GreenWave’s Guide to Navigation Lease & Permit Approvals for Ocean Farming in California.

CDFW lease application filing fee ($500, non-refundable and due on application)
Review process for lease approval from FGC takes an estimated 2-5 years
If required, CEQA review is conducted via an Environmental Impact Report process. Timelines will vary, as will costs, though the latter is estimated at several hundred thousand dollars at minimum ($500,000+)
Per-acre costs of leases are variable, between $2 and $10. Based on production:

• High productivity: ≥100,000 oysters/acre ($150 per acre/year)
• Moderate productivity: ≥ 20,000-99,000 oysters/acre ($100 per acre/year)
• Low productivity: ≥ 2,000-19,999 oysters/acre ($50 per acre/year)
• Seaweed production: (estimated $50 per acre/year).

CCC application fees are calculated according to development size (in sq. ft.) or development cost, whichever is greater. For example, for a 1000-sq.-ft. area, the application fee is $6,250, and for a project costing up to $100,000, the fee is $3,750.
USACE General Permit authorization to place aquatic farm structures in navigable waters includes consultation with USCG, NOAA, NMFS for Marine Mammal Endangered Species Habitat (ESA) and Essential Fish Habitat (EFH) ($100 issuance fee for Individual Permit).
USCG PATON Permit (no charge); notice to mariners is required, prior to gear deployment.
CDFW Aquaculture Registration Permit ($880 new permit, $565 annual renewal)
CDFW Wild Broodstock Collection Permit ($660 annually)
CDFW Importation Permit ($30)
Land-based operations may also require local city and/or county approval.

CDFW Aquaculture Registration permit
CDPH Sanitary Survey, Classification and Certification of Growing Area (pre-harvest, shellfish only)
CDPH Shellfish Handling and Marketing Certificate (post-harvest)
CDPH Shellfish Dealer Certification (post-harvest)
Processed Food Registration (general seafood processing)
Water Quality Certification (shellfish only)
Business License to operate according to city or county regulations
HACCP Certification may be required for shellfish and/or seaweed cultivation.

CCC; CDFW; CDPH; EPA; FGC; FWS; NAHC; NMS; NOAA/NMFS; RWQCB; SLC; SWRCB; USACE; USCG, tribes, local jurisdiction (e.g. municipalities/local governments, harbor authorities, others)

CA Department of Fish and Wildlife – Aquaculture

CCC – California Coastal Commission
CEQA – California Environmental Quality Act
CDFW – California Department of Fish and WIldlife
CDPH – California Department of Public Health
CWA – Clean Water Act
EPA – U.S. Environmental Protection Agency
FGC – California Fish and Game Commission
FWS – U.S. Fish and Wildlife Service
HACCP – Hazards and Critical Control Points
NAHC – Native American Heritage Commission
NMFS – National Marine Fisheries Services
NMS – National Marine Sanctuaries
NOAA – National Oceanic and Atmospheric Administration
PATON – Private Aids to Navigation
RWQCB – Regional Water Quality Control Board
SLC – California State Lands Commission
SWRCB – State Water Resources Control Board
USACE – U.S. Army Corps of Engineers
USCG – U.S. Coast Guard

Yes. Sugar kelp (Saccharina latissima) is currently the only seaweed species approved for commercial cultivation in Connecticut coastal waters.

$1,010 (not including the bond fee or mandatory public notice fees, which range in cost according to the town and, subsequently, the determination of newspaper of general circulation)

There are several lease types in Connecticut, including:

• bottom ground leases with town Shellfish Commissions
• leases and licenses with the State of Connecticut Department of Agriculture Bureau of Aquaculture

Many towns have Shellfish Commissions that control bottomlands within town waters and lease them to individuals or companies with valid shellfish licenses. The lessee must use these leases for shellfish cultivation, but they may also apply for permits for longlines and other suspended gear and, if permits are approved, use the vertical water column for seaweed and shellfish cultivation.

The Bureau of Aquaculture has jurisdiction over shellfish grounds in state waters, which are mostly used for bottom culture. The Bureau of Aquaculture has also begun to work with farmers on a case-by-case basis to create parcels for seaweed cultivation in state waters. Farmers may receive licenses to operate on these parcels from the Bureau of Aquaculture (which may expire or be renewed after 5 years), allowing them to cultivate seaweed seasonally. Longline gear may not be installed before October 1 and must be removed from the water between May 1 and June 15, annually, depending on the site. A majority of seaweed farmers in Connecticut hold licenses for parcels in state waters.

Most of the shellfish grounds in Connecticut, whether in town or state waters, are used for bottom culture of eastern oysters or northern quahog clams.

Yes. The University of Connecticut Center for Land Use Education and Research (CLEAR) developed the CT ECO Aquaculture Mapping Atlas. The Atlas includes records of current aquaculture operations, so you can take a look at the size and types of ocean farms along the Connecticut coastline. The Atlas also includes a catalog of data sets and siting tools to help prospective farmers evaluate and make decisions about potential sites.

Yes, CT Eco to the rescue once again. 

Take a look at the University of Connecticut’s guide to aquaculture in Connecticut and Sea Grant’s Guide to Marine Aquaculture Permitting in Connecticut. 

6 months to 1 year, on average

Connecticut has a well-developed shellfishing industry and a growing seaweed industry. The lease and permitting processes are fairly streamlined, with clear guidance from the Bureau of Aquaculture and Connecticut Sea Grant. However, Connecticut falls short of other states with respect to seaweed harvest and processing. There are no large-scale seaweed processors operating in Connecticut at this time. Most growers sell direct to restaurants and consumers. Seaweed growers are required to participate in Hazards and Critical Control Points (HACCP) training and develop a HACCP plan, but most of the guidance and training pertains to shellfish operations. In most cases, and unless a grower has received a cottage license or other processing certification and has access to a commercial kitchen, seaweed farmers are limited to selling fresh/wet, unprocessed kelp to purchasers. In other words, farmers are not allowed to dry, blanch, cut, or otherwise process their crop to add shelf stability. Farmers in neighboring Rhode Island have more flexibility in their handling of the crop, which is regulated more similarly to land-based crops than to shellfish.

For sites in town waters, consult your local shellfish commission to determine availability of lease areas.
For sites in state waters, consult Connecticut Department of Agriculture, Bureau of Aquaculture (CT DA/BA).

1. Costs of sites in town waters vary ($50-$100 per acre/year); growers leasing from shellfish commissions must be cultivating shellfish.
2. State seaweed-only lease areas are determined in consultation with CT DA/BA ($25 per acre).
3. State shellfish leases are generally reserved for on-bottom culture of clams and oysters, with lease costs determined by a state bidding process (minimum $4 per acre, average $25.63 per acre).

1. Joint Agency Application (CT DA/BA, CT DEEP, USACE) with USACE Form 4345, for structures and containment
2. CT DEEP Certificate of Permission ($375)
3. CT DEEP Safe Boating Division Permit for Regulatory Markers (PATON); additional USCG permits may also be required; permittee must submit local notice to mariners before placing gear.
4. CT DEEP Land & Water Resources Division Structures, Dredging and Fill (SDF) ($660)
5. Public notices may be required for Joint Agency Application and CT DEEP SDF (costs vary by town).

1. State Survey ($35/corner of lease area—for bottom culture in state waters)
2. CT DA/BA Certificate of Aquaculture Operations
3. Shellfish Shipper I (harvester)
4. Shellfish Shipper III (dealer)
5. Transplant Relay License (prohibited waters)
6. Shellfish Depuration License
7. HACCP Certification
8. CT DA/BA Seaweed Area License
9. CT DA/BA Seaweed Producer License (if product is sold as a processed seaweed commodity)

CT DA/BA; CT DEEP; USACE; tribes, local jurisdiction (e.g. municipalities/local governments, harbor authorities, others)

University of Connecticut – Aquaculture in Connecticut

CT DA/BA – Connecticut Department of Agriculture, Bureau of Aquaculture
CT DEEP – Connecticut Department of Energy and Environmental Protection
HACCP – Hazards and Critical Control Points
OLISP – Office of Long Island Sound Programs
PATON – Private Aids to Navigation
SDF – Structures, Dredging and Fill
USACE – U.S. Army Corps of Engineers
USCG – U.S. Coast Guard

No. There is currently no regulatory process for commercial sugar kelp farming in Delaware.

Yes, but in limited capacity. The only kelp farms in Florida state are currently operating under research/non-commercial permits.

The Division of Aquaculture
in the Department of Agriculture & Consumer Services.

If you are interested in starting a nursery or farm in Florida for commercial production and sale of aquatic plants, you must apply for an Aquaculture Certificate of Registration and a Certificate of Nursery Registration.

You must also comply with Aquaculture Best Management Practices [  844 KB ]  (BMPs). The Florida Department of Agriculture and Consumer Services (FDACS) reviews all aquaculture activities to ensure compliance with the BMPs.

Florida’s process is emerging. Currently, only research/non-commercial sites are permitted.

No. There is currently no regulatory process for commercial sugar kelp farming in Georgia.

No. There is currently no regulatory process for commercial sugar kelp farming in Hawaii. Limu, a native seaweed and a traditional food for Native Hawaiians, is cultivated in brackish coastal ponds.

No. There is currently no regulatory process for commercial sugar kelp farming in Louisiana.

Yes! Sugar kelp (Saccharina latissima) is a native species approved for commercial cultivation in Maine, as are skinny kelp (Saccharina angustissima) and winged kelp (Alaria esculenta).

$4,233-$7,233

If you’re applying for a 10-acre lease and permit, you’ll need a Standard Lease. The base cost of your lease and permits will be $2,733. The additional cost (and range) is due to the bond fee, which is based on the square footage of gear on your site. Bond fees for sites with less than 400 sq. ft. of gear/structures are $1500, sites with more than 400 sq. ft. of gear/structures have a minimum bond fee of $5000, and it goes up from there. It’s safe to assume that the square footage of anchors, buoys, and other gear on a 10-acre site will be greater than 400.

You don’t have to start at 10 acres. Maine’s Department of Natural Resources offers three ocean farm lease options:

• the Limited-Purpose Aquaculture License, for up to four 400-sq.-ft. sites approved for one year;
• the Experimental Limited-Purpose Aquaculture Lease, for sites of up to four acres, for a maximum of three years; and
• a Standard Lease, which has no minimum or maximum acreage, per se, and is a more extended term lease.

You could get started on an LPA and work your way up to a Standard Lease over time; this is a great option if you want to learn the ropes, and learn to grow and sell your crops at a small scale and then grow as your skills and business chops improve. Lease applications are accepted between January 1 and September 30, annually. Applications submitted after September 30 for same-year approvals will be returned. Additional permits may be required for seaweed longlines and other suspended aquatic farm gear.

Yes. The Maine Department of Natural Resources (DMR) has an Aquaculture Lease Map. 

The Maine DMR Aquaculture Map is helpful for both site assessment and tracking current operations.

Start by reading this article from Maine DMR on Conducting Aquaculture in Maine.

Then, review the Aquaculture Lease Applications and Forms on the DMR website.

Also, check this out: The Maine Aquaculturalist recently released “The Essential Start Guide to Maine Aquaculture.”

1 to 1.5 years, for a Standard Lease

Maine has a well developed industry and an established and organized permitting process. It might be difficult to find a parcel where your operations won’t compete with other uses. That said, the seaweed farming season dovetails nicely with lobstering in most cases. And, the different types of leases that DMR offers are well suited to folks who want to try out ocean farming, without too much risk or upfront investment, and scale over time. There are also organizations in Maine, such as the Island Institute, that are working to connect ocean farmers with the educational and financial resources they need to be successful.

Maine Department of Marine Resources – Aquaculture Division (DMR)

Standard Lease:

• 100-acre maximum, 20 year renewable term
• Application fee: shellfish, marine algae, or other species ($1500)
• Lease fee ($100 per acre/year), with an up to $25,000 bond (or escrow account deposit) dependent upon site.
• DMR scientists conduct a site visit of the proposed lease area, and a public hearing is required: 12- to 18-month process
• Additional fees: lease renewal ($1,500), lease expansion ($500, non discharge) of 25% or 4 acres, whichever is less.

Limited Purpose “Experimental” Lease:

• 4-acre maximum, 3-year term, commercially nonrenewable
• Application fee: $100, nonrefundable
• Lease fee: $100 per acre/year, with $1,500 bond (escrow account deposit) for placement of gear/structures, and up to $25,000 for placement of gear/structures and discharge, exact total dependent upon site and lease category: 6- to 12-month process, with a public hearing if DMR or 5+ people requests it

Limited Purpose Aquaculture License (LPA):

• 400-sq.-ft. maximum, 1-year term ($50 renewable fee); requires harbormaster approval
• Application fee: $50 for Maine residents, $300 for non-Maine residents, limit 4 LPAs per person: 4- to 12-week review process.
• Limited to designated types of gear for culturing certain species of shellfish, algae, or sea urchins in a single location.
  

USACE permit for gear on lease or LPA site ($100)
USCG PATON Permit program for site navigation marking requirements
DMR Environmental Permit Review
Shellfish aquaculture is also subject to all DMR regulations regarding water quality, harvesting, and sales
DMR Permit for Importation or Introduction of Marine Invertebrates and Algae (if obtaining shellfish seed from a source other than a Maine-approved hatchery, no fee)

Aquaculture Harvest License, required of all leaseholders and LPA license-holders, regardless of species ($133, required for harvest)
Shellfish Dealer Certification and Inspection (optional for broader sale options)
LPA license-holders must attend DMR’s LPA Training Course for renewal and cultivation activities
Seaweed sale and processing may be subject to Maine DACF regulation if product is considered produce
HACCP Certification may be required for shellfish and/or seaweed cultivation

DMR; USACE; USCG; tribes, local jurisdiction (e.g. municipalities/local governments, harbor authorities, others)

ME DMR – Conducting Aquaculture in Maine

DACF – Maine Department of Agriculture, Conservation and Forestry
DMR – Maine Department of Marine Resources
HACCP – Hazards and Critical Control Points
PATON – Private Aids to Navigation
USACE – U.S. Army Corps of Engineers
USCG – U.S. Coast Guard

No. There is currently no regulatory process for commercial sugar kelp farming in Maryland.

Yes! Sugar kelp (Saccharina latissima) is a native species approved for commercial cultivation in Massachusetts.

$1,290 or more; total may vary according to rates set by municipality.

In Massachusetts, you will be seeking a “license” or “grant” for a site rather than a “lease” in most cases. The process for seaweed farming is somewhat straightforward if you plan to cultivate shellfish or already have a site where you’re cultivating shellfish. If you’re starting from scratch and intend to only grow seaweed and not shellfish, then the process is a bit different: you’ll need to consult with the Division of Marine Fisheries, but will also need approval from the town in which your farm is located. Some towns in Massachusetts have regulations that prevent non-town residents from securing sites/licenses to operate in their waters, so get to know the rules!

Seaweed farmers in Massachusetts are required to sell their crop to wholesale seafood distributors that are licensed in the state. This means that unless the farmer procures this licensing, they are not allowed to sell directly to restaurants, consumers at farmers markets, or even to large-scale seaweed processors (if neither they nor the processor has the appropriate licensing). This is a significant disadvantage for ocean farmers in the state.

Waters off of Massachusetts are also migration routes to Northern Right Whales and other marine mammals. The potential for Right Whale entanglement in longlines and other fisheries and aquatic farm gear is a serious concern. Though there is nuance, use of suspended longline systems for seaweed and shellfish cultivation is generally prohibited on the east side of Cape Cod and in Cape Cod Bay.

Cape Cod, as a geographic feature, is also a dividing line among kelp populations. Current research indicates that sugar kelp populations on either side of Cape Cod have some notable differences. Sugar kelp populations south of Cape Cod and into Long Island Sound are fairly similar genetically, while populations north of the Cape and into the Gulf of Maine are similar to one another but different from populations south of the Cape.

The Massachusetts Shellfish Aquaculture Siting Tool: MA-ShellfAST Viewer shows locations of current operations (though some of the permitted seaweed farms were missing at the time of publication).

MA-ShellfAST is also a great tool for site assessment and evaluation of potential site conflicts.

Massachusetts Division of Marine Fisheries recently released an online Aquaculture Permitting Tool. This tool is a great resource and includes comprehensive information about licensing and permitting.

6 months to 2 years

The shellfishing industry is well established in Massachusetts, with many intertidal shellfish farms in Buzzards Bay, around Cape Cod, on Martha’s Vineyard, and on Nantucket. Although there is a long history of seaweed harvest in the state (read more about the history of the MA Irish moss industry here), commercial farming of seaweed, particularly sugar kelp, is in its nascency.

Several pioneering shellfish farmers have tested the viability of seaweed cultivation, and at least one has managed to develop a solid market for their crop. Many of the farmers have observed less abundant growth than farmers in neighboring Rhode Island, potentially due to low levels of phosphorus in the water column.

With respect to the cost of licensing and permitting and amount of time it takes to get all the approvals you need before you can put gear in the water, Massachusetts is pretty average. But, compared to other states, seaweed farmers in Massachusetts are a bit more restricted in how/where they can sell their crop.

Massachusetts Division of Marine Fisheries (DMF), with towns generally having jurisdiction over shellfish grounds

Note: Interested seaweed farmers should contact DMF to review their plan; farmers with existing shellfish farms and/or relationships with municipalities are stronger candidates for approval.

Municipal lease after DMF certification (state application permit: $10, cost fees by town)

Note: In general, no kelp gear or floating structures are allowed in or north of Cape Cod Bay due to coincidence of kelp season with Right Whale

1. Joint Application with Nationwide Permit 48 (DMF and USACE), for structures and containment
2. Shellfish Grant Application ($25 per acre)
3. Division of Marine Fisheries (DMF) Aquaculture Permit (seed), can authorize kelp aquaculture and shellfish, fulfilling DMF Special Project Permit ($10)
4. Commercial Shellfish Permit ($65)
5. Dealer Permit ($65-$260)
6. Wetlands Protection Act order from municipal Conservation Commission

Note: Municipal harbormasters have authority over shellfish aquaculture, including permitting authority under state navigation law; municipalities are not authorized to regulate kelp farming.

1. Shellfish Shipper I (harvester)
2. Shellfish Shipper III (dealer)
3. HACCP Certification (required for shellfish)
4. Municipal Aquaculture License, cost varies by town e.g. Provincetown application fee for shellfish ($15); annual aquaculture license ($25 per acre for first-time-license approval of 2 years, with 5 year renewal)
5. DPH – Shellfish Growing Areas as per Shellfish Planting Guidelines
6. Seaweed and shellfish growers in MA are required to sell to licensed wholesale seafood distributors. In order for growers to sell directly to restaurants or other entities, you must acquire a Wholesale Seafood Distributor License.

DEP; DMF; DOA; MACC; USACE; tribes, local jurisdiction (e.g. municipalities/local governments, harbor authorities, others)

Mass.gov Aquaculture

DEP – Massachusetts Department of Environmental Protection
DMF – Massachusetts Division of Marine Fisheries
DOA – Massachusetts Department of Agriculture
DPH – Department of Public Health
HACCP – Hazards and Critical Control Points
MACC – Massachusetts Association of Conservation Commissions
USACE – U.S. Army Corps of Engineers

No. There is currently no regulatory process for commercial sugar kelp farming in Mississippi.

Yes. Currently, the only farms growing sugar kelp in New Hampshire are research sites. However, commercial seaweed farming is permitted.

$5,200. There is a Marine Aquaculture License application fee of $200 and an annual fee for off-bottom culture at $500 per acre. This does not include any U.S. Coast Guard permit fees.

The Department of Fish and Game only completes site assessments between May and October; applicants outside that time period will be delayed. Marine Aquaculture Licenses expire annually on December 31.

Yes: New Hampshire Coastal Viewer

Yes: New Hampshire Coastal Viewer

DFG does not have a standard application form. Interested farmers can submit a request, following guidelines of NH Code of Administrative Regulations, Fis Rule 807.

Contact DFG Biologist, Robert Atwood; phone: (603) 868-1095; email: robert.atwood@wildlife.nh.gov

There is not a standard time estimate for permitting applications.

New Hampshire does not currently have any active seaweed hatcheries in the state, and the farms growing sugar kelp are predominately sourcing seed from Maine. Compared to nearby Maine, the industry is very small, however there is the regulatory framework in place to support commercial kelp farming there.

New Hampshire Department Fish and Game (DFG)

Marine Aquaculture License application fee ($200) and annual fee for on-bottom culture ($200 per acre), off-bottom culture ($500 per acre), or pen culture ($750 per acre)

Note: Marine Aquaculture Licenses expire annually on December 31st

1. DFG Aquaculture Application
2. USCG PATON Permit

Note: DFG only completes site assessments between May and October; applicants outside that time period will be delayed.

1. Marine Aquaculture License, annual fee for on-bottom culture ($250 per acre), off-bottom culture ($500 per acre)
2. HACCP Certification may be required for shellfish and/or seaweed cultivation

DFG; USACE; USCG; tribes, local jurisdiction (e.g. municipalities/local governments, harbor authorities, others)

DFG does not have a standard application form. Interested farmers can submit a request following guidelines of NH Code of Administrative Regulations, Fis Rule 807.

Contact DFG Biologist, Robert Atwood; phone: (603) 868-1095; email: robert.atwood@wildlife.nh.gov

DFG – New Hampshire Department of Fish and Game
HACCP – Hazards and Critical Control Points
PATON – Private Aids to Navigation
USACE – U.S. Army Corps of Engineers
USCG – U.S. Coast Guard

No. There is currently no regulatory process for commercial sugar kelp farming in New Jersey.

Yes, in some places. The commercial farming of kelp is currently allowed in waters held by the towns of Islip and Brookhaven. Additionally, a bill passed the New York state legislature in June, 2021 that would allow kelp farming on existing Suffolk County aquaculture leases in Peconic Bay and Gardners Bay. It is also possible to apply to farm kelp in New York State waters in Long Island Sound by submitting an application to the New York Department of Environmental Conservation (DEC) for a Temporary Marine Area Use Assignment for the purpose of aquaculture, issued by the New York Office of General Services. This would grant temporary use of New York State waters for off-bottom gear culture with terms of a 5-acre size limit and annual renewal. However, there are not currently any kelp farms in New York that have utilized this permitting method.

It depends. Because the jurisdiction over kelp farming is administered at the local county or township level, the lease fees will vary based on the location of your proposed farm. In Suffolk County, there is a $150 lease application fee and an annual fee of $200 plus $5 per acre for a 10-acre commercial lease. So startup costs would total $400 in lease fees.

The jurisdiction of New York state waters is complicated, with many near-shore waters falling under the purview of local township or county jurisdiction. You may need to apply for multiple tiers of permission to farm kelp in New York waters. It’s also important to note that many New York kelp farmers are using shallow-water farming systems in estuaries, which requires a slightly different setup than the deepwater system described in the following courses.

Yes. The New York State DEC Shellfish Aquaculture Mapper shows shellfish farms on state waters.

The Suffolk County Aquaculture mapper can be used to identify current aquaculture leases in Gardners and Peconic Bay that could be sited for kelp farming.

For leases in NY State waters you can start by reading more from NY Department of Environmental Conservation.

For Town of Islip

Because sugar kelp is such a new species to be commercially cultivated in New York, it’s not uncommon for the leasing process to take over a year.

Kelp farming in New York state is still in its early stages compared to other states in Southern New England. The lease application process is more straightforward in neighboring states, such as Connecticut and Rhode Island.

New York Department of Environmental Conservation (DEC), Division of Marine Resources

Note: Seaweed aquaculture is only permitted for research purposes at this time.

1. USACE and DEC permit application fee for non commercial activities ($10), for commercial activities ($100)
2. Suffolk County, 10-year lease term with 5- to 10-acre limit per site, on- and off-bottom culture ($200 annual fee and $5 per acre); Town of Islip 1- 5-acre limit
3. Additional costs filling out application materials is variable
4. DEC can issue TMAUAs for aquaculture purposes; 5 acres in size and annual renewal; state requires 1-day advertisement and 30-day public comment period, Suffolk County requires 60-day public comment period and Aquaculture Lease Board public meeting

1. If farming with off-bottom gear, Lease Procurement from OGS – Bureau of Land Management
2. Joint Permit with USACE and DEC – application materials include environmental questionnaire, project drawings, Federal Consistency Assessment Form, vicinity map, color photos of the site, site plan, cross-section-view drawings, description of activity, discussion of project impacts, list of any other necessary permits or authorizations ($100)
3. DEC annual culture permit (shellfish) ($100)
4. USCG PATON Permit

1. For town-owned waters, town license agreement may be needed for towns within Suffolk County
2. DEC Harvester License (shellfish) ($50)
3. HACCP Certification may be required for shellfish and/or seaweed cultivation

DEC, along with informal sign of approval from OGS and USACE; tribes, local jurisdiction (e.g. municipalities/local governments, harbor authorities, others)

New York State Department of Environmental Conservation

DEC – New York Department of Environmental Conservation
HACCP – Hazards and Critical Control Points
OGS – New York Office of General Services
PATON – Private Aids to Navigation
TMAUA – Temporary Marine Area Use Assignments
USACE – U.S. Army Corps of Engineers
USCG – U.S. Coast Guard

No. There is currently no regulatory process for sugar kelp farming in North Carolina.

To be determined. There are currently no ocean-based seaweed farms (including sugar kelp) operating in Oregon. However, there are three land-based farms for dulse. It’s unclear if a regulatory process exists for permitting an ocean-based seaweed farm.

Yes! Commercial farming of sugar kelp is allowed in Rhode Island, and there is an abundance of wild kelp that farmers use as a seed source for their crops. The industry is still emerging in Rhode Island, but it is growing.

The base cost for a 10-acre Standard Aquaculture Lease and associated licenses and permits is $1,525.

Your total cost may be higher or lower, since application fees are based on estimated project costs.

The Rhode Island Coastal Resources Management Council offers a Commercial Viability Aquaculture Permit, in addition to a lease and standard Aquaculture Permit. If you are new to ocean farming or are trying a new gear type, you might consider applying for a Commercial Viability permit to learn the ropes and evaluate the viability of a site. Bear in mind, Commercial Viability permits are only issued once for a site, you are limited to 1,000 square feet of area, and you can only make a one-time sale of any product grown on the site, but they last for 3 years—after which you may apply for a standard Aquaculture Permit.

Rhode Island also has a rule limiting use of a body of water for aquaculture to 5% of its surface area. Once aquaculture use of a water body (bay, pond, etc.) reaches that 5% limit, no more sites will be leased or operations permitted until the percentage drops. This could mean that that premium spot you’re scoping out on a salt pond may not be available for years to come.

In the event a lease holder fails to pay the annual lease fee, or if the lease area is not actively used for a period of one year, the lease agreement, all assents, and authorities will be terminated.

Yes. Take a look at the Rhode Island Department of Environmental Management (DEM) Marine Fisheries Maps. Click on “Marine_Fisheries_Map_Layers” and select “Aquaculture Sites” in the drop-down menu to see a map of current sites. Click on the polygon for each site to see more information about the operation.

Use the Rhode Island DEM Marine Fisheries Map to evaluate site conditions and potential conflicts, as well as to see where people are currently farming.

Visit the Aquaculture section of the Rhode Island Coastal Resources Management Council’s website to learn more about the lease and permit process, and read the Coastal Resources Management Council’s Guide to Aquaculture Applications.

8-10 months

Compared to other states in Southern New England, the cost of leasing and permitting is low, and the length of time it takes to work through the process is on par with other states, maybe even a bit more streamlined. It might be difficult to find an ideal site, but once you find something that will work for you and the species you want to grow, follow best practices and heed the guidance in the CRMC’s Guide to Aquaculture Operations, and you may move through the lease and permit process in under a year.

Rhode Island Coastal Resources Management Council (CRMC)

CRMC Application for State Assent, after preliminary determination is made; annual fee; on-bottom culture:

• ≤ ½ acre ($75)
• ½-1 acre ($150)
• each additional acre ($100)

off-bottom culture, based on square footage of cages:

• ≤600 sq. ft. ($75)
• 601-1,200 sq. ft. ($100)
• 1,201-2,400 sq. ft. ($150)
• each additional 1,200 sq. ft. ($75)

Note: CRMC also offers Commercial Aquaculture Lease to test the viability of a site; lasts 3 years and covers 1,000 square feet

1. Commercial Viability Aquaculture Permit, or Preliminary Determination ($25)
2. CRMC Joint Application with Nationwide Permit 48 (USACE), for structures and containment
3. Performance Bond when Lease is Signed
4. CRMC & DEM Special Permit for Aquaculture to describe the possession, importation, transportation, and handling of culture species, annual renewal on January 1
5. Permit from DEM, Division of Fish & Wildlife to import species

1. DEM Aquaculture License ($200)
2. Vibrio Training
3. Shellfish Shipper I (harvester)
4. Shellfish Shipper III (dealer)
5. HACCP Certification (shellfish only)

CRMC; DEM; MFC; RIHPHC; USACE; USCG; FWS; tribes, local jurisdiction (e.g. municipalities/local governments, harbor authorities, others)

RI Coastal Resource Management Council – Aquaculture

CRMC – Rhode Island Coastal Resources Management Council
DEM – Rhode Island Department of Environmental Management
FWS – U.S. Fish and Wildlife Services
HACCP – Hazards and Critical Control Points
MFC – Rhode Island Marine Fisheries Council
RIHPHC – Rhode Island Historical Preservation and Heritage Commission
USACE – U.S. Army Corps of Engineers
USCG – U.S. Coast Guard

No. There is currently no regulatory process for sugar kelp farming in South Carolina.

No. There is currently no regulatory process for sugar kelp farming in Texas.

No. There is currently no regulatory process for sugar kelp farming in Virginia.

Yes, but in limited capacity. The only kelp farms in Washington state are currently operating under research permits, and commercial applications are pending. However, commercial farming for other seaweed species has been permitted for on-land tanks.

It’s unclear, as there are currently no commercially-permitted kelp farms in Washington State. For shellfish leases in state waters, fees start from $1,000 per year and range up to $10,000. Additional requirements include insurance coverage for general liability, protection and indemnity, property insurance, and a performance bond.

Washington’s 2.6 million acres of state-owned aquatic lands are managed by the Department of Natural Resources (DNR) and divided into three Aquatic Districts: the marine waters of Puget Sound, the coast and the Straits of Juan de Fuca, and the navigable rivers and lakes located across the state. For more than a hundred years, DNR (and its predecessor) has offered leases to support aquaculture operations to grow oysters, clams, and mussels using a variety of methods such as: bottom, bag, intertidal longlines, and floating shellfish rafts. Around 2,100 acres of state-owned aquatic land are under lease for aquaculture, mostly in tidelands, with about 80 percent of the commercial aquaculture leases in use for oyster culture. However, state-issued leases only account for a small fraction of shellfish harvest in the state of Washington. There are also a significant number of privately-held shellfish farms on private land that predates statehood, and harvesting areas and farms held by Tribal entities.

Kelp aquaculture was initiated by ocean acidification (OA) research through the Puget Sound Restoration Fund and led to Puget Sound kelp restoration projects. The first commercial kelp farm application was submitted in 2019, the farm starting as a pilot site in 2017 on a permitted shellfish farm. Washington Sea Grant presented kelp farmer training workshops in 2019 and 2020, as interest in kelp and seaweed aquaculture continued to grow.

Washington State Commercial Shellfish Mapper

Washington State Coastal Atlas Map

Governor’s Office of Indian Affairs

Washington State Commercial Shellfish Mapper

Washington State Coastal Atlas Map

Governor’s Office of Indian Affairs

Washington State Department of Natural Resources

JARPA Resource Center

It’s unclear, since there is only one commercial sugar kelp farm currently permitted in Washington State. Traditionally, the process has been very slow, taking aspiring farmers multiple years.

There is a lot of interest in kelp farming, both for restoration and commercial use, in Washington State. However, the industry is still in its nascent stages. Especially compared to nearby British Columbia and Alaska, where there is significant kelp farming activity.

Washington State Department of Natural Resources (DNR), Aquatic Use Authorization

Note: applies to WA DNR-managed lands only and not privately-owned or Tribal lands.

1. DNR application fee ($25); lease cost depends on type of agreement and may be rent or fees
2. ORIA Business License filing fee ($25)

JARPA, non-refundable fee ($25) includes:
1. DFW AFR ($105)
2. Ecology 401 water quality certification; Coastal zone management consistency determination
3. USACE includes consultation with NOAA and FWS on ESA compliance and notifies the Tribes; fee for Individual Permit ($100), not for Nationwide Permit
4. Shoreline Substantial Development or Conditional Use Permit from local jurisdiction (i.e. city or county) depending on location and type of use
5. NWIFC Tribal Interest Determination, for Tribal harvest agreement or management plan
6. Hydraulic Permit Approval may be required
7. WSDA – Food Processor License
8. USCG PATON Permit

1. WDOH Operators License & Harvest Site Certificate
2. DFW Shellfish Import and Transfer Permits
3. HACCP Certification may be required for shellfish and/or seaweed cultivation

DFW; DNR; Ecology; FWS; NOAA; NWIFC; WDOH; WSDA: USACE; USCG; tribes, local jurisdiction (e.g. municipalities/local governments, harbor authorities, others)

Washington State Department of Natural Resources

JARPA Resource Center

AFR – Aquatic Farm Registration
DNR – Washington Department of Natural Resources
DOH – Washington Department of Health
Ecology – Washington State Department of Ecology
ESA – Endangered Species Act
FWS – U.S. Fish and Wildlife Service
HACCP – Hazards and Critical Control Points
JARPA – Joint Aquatic Resources Permit Application
NEPA – National Environmental Policy Act
NOAA – National Oceanic & Atmospheric Administration
NWIFC – Northwest Indian Fisheries Commission
ORIA – Governor’s Office for Regulatory Information and Assistance
PATON – Private Aids to Navigation
SEPA – State Environmental Policy Act
USACE – U.S. Army Corps of Engineers
USCG – U.S. Coast Guard
WDFW – Washington Department of Fish and Wildlife
WSDA – Washington Department of Agriculture