Interest in shellfish aquaculture is growing in the Gulf of Mexico. Unlike traditional agriculture, which occurs on private farmland, shellfish farmers grow their crops in public waters or on the public lands underneath. Coastal states own the coastal waters and submerged lands in trust for the public, which has the rights to use these areas for fishing, boating and other purposes. The states’ ownership and responsibilities to the public are drawn from a legal concept referred to as the Public Trust Doctrine.
Because shellfish farms are located on public lands, shellfish farmers need to obtain permission from the state – usually in the form of a lease – to start and operate their farms.
The process for leasing submerged lands varies by state and may involve review by several different state agencies. Some states in the Gulf of Mexico have established procedures for leasing submerged lands for aquaculture. In others, specific provisions are lacking and it is unclear how the general leasing provisions would apply to a shellfish farm.
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