The Corps Authorized Most of the 3,751 Applications Received for Shellfish Aquaculture Activities from 2012 through 2017 Using Various Types of Permits

Based on our analysis of data from the Corps’ permitting database, we  found that the Corps authorized most of the 3,751 shellfish aquaculture  applications it received from 2012 through 2017 using various types of  general and individual permits. Of the 19 Corps districts that have coastal  waters within their geographic areas of responsibility, 17 Corps districts  received shellfish aquaculture applications, with the Seattle District  receiving the most applications and the New England District receiving  the next highest amount (see table 3). The majority of Corps districts (13 of 17) authorized shellfish aquaculture  applications using Nationwide Permit 48, according to our analysis of  Corps data. For example, two districts we reviewed—Norfolk  and Seattle—generally used Nationwide Permit 48 to authorize shellfish  aquaculture activities in their districts, but added conditions to the  nationwide permit to address concerns specific to their regions as follows:  In the Norfolk District, the Corps developed several regional  conditions applicable to the Nationwide Permit 48 issued in March  2017. These regional conditions prohibit activity within submerged  aquatic vegetation beds or saltmarshes and prohibit removing or  damaging vegetation in these areas, among other things. As long as shellfish  aquaculture growers meet those requirements, according to these  officials, then growers may conduct their projects without a state  permit or submitting an application to the Corps for authorization. Similarly, 10 applicants  from the four districts described the length of time the Corps took to  authorize their activities as reasonable, with several applicants  commenting that the Corps was efficient in reviewing and authorizing their  application. For these applications, the length of time ranged from 1 day  to about 4 months. In addition, five permit applicants from three Corps districts said they  believed that the amount of time it took for the Corps to authorize their  shellfish aquaculture activities was unreasonable. For these applications,  the length of time ranged from 18 days to about 8 months. In addition, Corps officials from across the four districts said they have  taken steps to reduce the time needed to review applications through  efforts to more efficiently conduct reviews under the Endangered Species  Act. Corps officials from the Baltimore District said the  review process, developed in association with the programmatic  consultation, decreased their review time from over 30 days to 1 to 2  days, which in turn has helped reduce the Corps’ time frames for  issuing authorizations. Appendix I: Objectives, Scope, and Methodology

This report describes, for 2012 through 2017, (1) the number and  outcomes of the applications the Corps received for shellfish aquaculture  activities and the types of permits the Corps used to authorize such  activities, and (2) the experiences of permit applicants in selected districts  in seeking Corps authorization for their shellfish aquaculture activities. We selected a non-generalizable sample of four Corps  districts—Baltimore, New Orleans, Norfolk, and Seattle—for a closer  examination of the nature of shellfish aquaculture activities and the types  of permits used by districts to authorize such activity. The  information we obtained from the permit applicants and Corps officials we  interviewed is not generalizable to other applicants, but illustrates the  types of experiences permit applicants in the four districts have had in  seeking authorization for their shellfish aquaculture activities.
Why GAO Did This Study

Entities undertaking shellfish aquaculture activities (i.e., the breeding and harvesting of oysters, clams, and mussels) may need to submit an application to the Corps in certain circumstances for authorization to conduct these activities. The Corps authorizes such activities using various permits, as long as the activities comply with various environmental and other laws.
GAO was asked to review the Corps' process for authorizing shellfish aquaculture activity in U.S. coastal waters. This report describes, for 2012 through 2017, (1) the number and outcomes of the applications the Corps received for shellfish aquaculture activities and the types of permits the Corps used to authorize such activities, and (2) the experiences of permit applicants in selected districts in seeking Corps' authorization for their shellfish aquaculture activities.
GAO reviewed laws and permitting documents and analyzed data on the number, outcomes, and types of permits the Corps used for 2012 through 2017 from the Corps' permitting database and assessed its reliability. GAO also reviewed detailed information from a non-generalizable sample of 15 permit applications and interviewed the applicants and Corps officials from four Corps districts, selected to reflect variation in geographic location and shellfish activity; the information from the four districts is not generalizable to other Corps districts.

What GAO Found

The U.S. Army Corps of Engineers (Corps) authorized most (87 percent) of the 3,751 shellfish aquaculture applications it received from 2012 through 2017, according to Corps data. Of the 19 Corps districts that have coastal waters within their geographic areas of responsibility, 17 districts received and authorized applications. The majority of those districts (13 of 17) authorized applications using Nationwide Permit 48, a type of permit intended to streamline the authorization process for shellfish aquaculture activities. Additionally, districts may add conditions to nationwide permits or develop region-specific permits to address state or regional environmental concerns. Of the four districts GAO reviewed in detail, two districts added regional conditions applicable to Nationwide Permit 48, such as prohibiting shellfish activity within submerged aquatic vegetation beds or saltmarshes.
The 15 permit applicants from the four districts GAO reviewed had mixed views on their experiences with seeking authorization for their shellfish aquaculture activities. For example, 10 applicants across the four districts described the length of time to authorize their activities—ranging from 1 day to about 4 months—as reasonable, with several applicants indicating the Corps was efficient in reviewing their applications. In contrast, five applicants from three Corps districts said that the amount of time it took for the Corps to authorize their shellfish aquaculture activities—ranging from 18 days to about 8 months—was unreasonable. Corps officials from the four districts indicated they have taken some steps to help reduce authorization review time. For example, the four districts took steps to more efficiently conduct reviews under the Endangered Species Act. This has in turn helped reduce the Corps' time frames for issuing authorizations, according to Corps officials GAO interviewed. For instance, officials from one district said their review time declined from over 30 days to 1 to 2 days as a result of the change in the review process.