Aquaculture Submerged Land Leasing

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Aquaculture Submerged Land Leasing

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Florida's aquaculture leasing program makes sovereignty submerged lands available to aquaculturists for producing aquaculture products.

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Currently, aquaculture activities on sovereignty submerged lands consist almost exclusively of growing hard clams, oysters and live rock. Sovereignty submerged lands extend 3 nautical miles seaward from shore in the Atlantic Ocean and 9 nautical miles seaward from shore in the Gulf of America. A nautical mile is defined as 6,076.11549 feet.

Selecting a Lease Site

The Florida Department of Agriculture and Consumer Services (FDACS) has designated 26 Aquaculture Use Zones, or high-density lease areas, in 10 coastal counties: Brevard, Charlotte, Collier, Dixie, Franklin, Indian River, Lee, Levy, Volusia and Wakulla. Applicants may apply for existing vacant parcels in Aquaculture Use Zones or propose new locations.

New locations nominated will be evaluated to avoid areas with seagrass, hard bottom, and shellfish reefs or beds. If these habitats are present within the nominated area, the proposed site cannot be authorized or must be modified. Shellfish aquaculture leases must be sited in Approved or Conditionally Approved Shellfish Harvesting Areas. Additional restrictions on gear or production methods may apply in endangered species critical habitat. 

Considerations for Nominating a New Aquaculture Lease Site:

All shellfish aquaculture leases must be located in an Approved or Conditionally Approved Shellfish Harvesting Area. Live rock leases are not required to be in a Shellfish Harvesting Area.

Learn more about Shellfish Harvesting Areas.

View our Shellfish Harvesting Area and Aquaculture Lease Map to find location information on shellfish harvesting areas, aquaculture leases, shellfish processing facilities, and water quality sampling stations.

Proposed leases cannot contain seagrasses, corals or harvestable shellfish resources, and activities associated with marine aquaculture must not adversely affect marine resources.

For maps of seagrasses, oyster beds or other critical habitats, visit the Florida Department of Environmental Protection's Map Direct

Before nominating a site, a physical inspection of the proposed location is strongly encouraged to ensure that the leasing process will not be delayed due to the presence of submerged resources. 

FDACS strongly encourages proposed lease sites to be outside of Important Manatee Areas (IMAs) and manatee speed zones. 

Other mitigation steps are required to protect threatened or endangered species and critical habitat:

  • The use of bottom gear is prohibited for leases in Gulf sturgeon critical habitat. 
  • Leases within smalltooth sawfish critical habitat must be located away from any red mangroves and in waters deeper than 36 inches at low tide to avoid any impacts to the essential smalltooth sawfish habitat.
  • Leases within Acropora spp. critical habitat must meet certain material placement requirements.
  • Leases within loggerhead turtle critical habitat are allowed provided that gear is set perpendicular to the nesting beach and the linear footage of gear may not be more than 10% of the linear footage of the critical habitat unit's nesting beach.
  • Leases are prohibited in north Atlantic right whale critical habitat.
  • Leases are prohibited in Johnson’s seagrass critical habitat.

View maps of the National Oceanic and Atmospheric Administration's critical habitat areas in the southeastern U.S.

Sites will be examined for potential use conflicts such as riparian rights issues, zoning and other local ordinances, accessibility, navigation and public safety.

Google Earth is a great tool for getting an aerial view of the site and for determining coordinates and proximity to adjacent shorelines, channels and features.

FDACS staff routinely collect water quality samples in all shellfish harvesting areas. That data may be helpful for understanding the suitability of an area for aquaculture production.

To download shellfish harvesting area water quality data files for each area, see our Shellfish Harvesting Area Information page.

FDACS and the University of Florida post real-time weather and water-quality updates to help aquaculturists make planting, harvesting and crop-maintenance decisions. For additional information, visit the University of Florida's  Online Resource Guide for Florida Shellfish Aquaculture.

Aquaculture Lease Maps

Application and Fees

If you are interested in applying for a sovereignty submerged land lease for aquaculture use, review: 

Before you apply for a sovereignty submerged land lease, contact FDACS by calling (850) 617-7600 or emailing Aquaculture_Web@FDACS.gov

To apply for a lease:

In addition, you must apply for an Aquaculture Certificate of Registration. As a leaseholder, you are agreeing to comply with Aquaculture Best Management Practices [ pdf 960.9 kB ] . An application will be mailed to you with the lease agreement documents for you to complete and return prior to lease execution.

Comprehensive Review

When the lease application is received for a new parcel, it will undergo a comprehensive review, which may take six months or more. As part of the review process, FDACS staff will conduct a resource survey to determine whether the site is appropriate for leasing. If the site is determined to meet the requirements of 18-21, Florida Administrative Code, the application is publicly noticed in the newspaper and the application undergoes comprehensive review by multiple agencies. Finally, any lease of state-owned submerged lands must be authorized by the Governor and Cabinet in their role as the Board of Trustees of the Internal Improvement Trust Fund.

Lease Rental Fees

Lease TypeFeeSurchargeDue Date
Bottom Lease$16.73 per acre and fraction of an acre$10 per acre and fraction of an acreJanuary 1 of each year
Water Column Lease$33.46 per acre and fraction of an acre$10 per acre and fraction of an acreJanuary 1 of each year

For more information about fees and deadlines, review Aquaculture Administrative Fees and Deadlines [ pdf 448.9 kB ]

Lease Markers

A lettered sign measuring 3 feet by 3 feet is required to mark specific points in Aquaculture Use Zones and individual lease parcels, generally the corners and points along the perimeter. Corners not requiring this type of marker should be marked with a PVC post with the geographic position of the post relative to its position on the lease and the parcel number or lease number in 2-inch black block characters. See Aquaculture Lease Marker Examples [ pdf 434.6 kB ] for lease marker graphics. 

Audits

Each January, aquaculture leaseholders are mailed an audit form (Shellfish Audit [ Adobe PDF Document ] or Live Rock Audit [ Adobe PDF Document ], whichever is appropriate) to complete.

Training Resources

Florida Shellfish Aquaculture Online Resource Guide

Florida Shellfish Aquaculture Online Resource Guide, through the University of Florida's IFAS Shellfish Aquaculture Extension Program, provides information about shellfish farming and related activities for the general public, growers, and others involved in the shellfish industry. A “news blog” is featured and provides current information on a timely basis. This site also includes updates on research and extension projects, presentations from industry workshops, suppliers’ lists, and pertinent publications.

Online Oyster Culture Course

The Online Oyster Culture Course was developed for beginning oyster growers and those interested in learning about the prospects of off-bottom oyster culture in the Gulf of America region. Four virtual sessions provide participants with the basics of how to get started and grow a crop of oysters to harvest.

These sessions are made available through collaboration with the University of Florida/IFAS Extension, Auburn University Shellfish Laboratory, and Mississippi-Alabama-Louisiana Sea Grant Programs. In each session, participants are introduced to specialists, extension agents and resources at these institutions, as well as experts in the shellfish aquaculture industry.

Oyster Workshop and Farming Videos

Materials and videos from past workshops are available through the University of Florida's Shellfish Aquaculture Extension Program video repository

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