Aquaculture |
AquacultureBooth, Ahrens & Werkenthin, P.C. represents many entities engaged in aquaculture in Texas, including the Arroyo Aquaculture Association, Lone Star Aquafarms, Loma Alta Aquaculture, and the Texas Aquaculture Co-op. Aquaculture is a relatively young agricultural industry. Its ultimate success in Texas depends on whether it is sustainable. Because most aquaculture facilities have a point source discharge, aquaculture is subject to more intense regulation than most other sectors of the agriculture industry. MisperceptionsIn the late 1990's, aquaculture operations, especially shrimp farms, were been unfairly criticized for environmental impacts. Concerned — albeit uniformed — citizens made serious allegations against the industry and specific farms. Some claimed shrimp farms have short life spans because toxic materials build up in the ponds. Others have alleged that shrimp farms discharge toxic compounds, making shrimp farm effluent so dangerous that operators should be required to inject their wastewater underground, much like the oil companies do. A single 50-acre farm was abeled a threat to a major bay system. The RealityAt the present time, Texas Aquaculture produces about 8.9 million pounds of shrimp and 15,877,000 pounds of fish, which has a combined value of $16,896,700. There are no known serious adverse impacts from aquaculture operations. Aquaculture is responsible for only a tiny fraction of the pollutants discharged to the waters of the State. Moreover, the types of pollutants discharged from an aquaculture facility pose a much lower risk than the pollutants found in other types of effluent. In fact, with the exception of turbidity plumes (a situation that has since been corrected), no BAW Rules and Regulations significant water quality problems have been attributed to discharges from Texas aquaculture facilities. RegulationDischarges from aquaculture facilities are regulated by the Texas Commission on Environmental Quality (TCEQ), under rules that took effect July 28, 1997. In 1999, the Legislature passed Senate Bill 873, which dealt with coastal aquaculture. The TCEQ is currently developing a general permit for aquaculture that should streamline obtaining proper authorization for many aquaculture facilities. If you are interested in the status of rulemaking activities, click here. Determining whether any data collection will be required in critical to complying with the TCEQ's aquaculture rule.Data collection could be especially problematical for facilities that operate seasonally. For assistance in understanding the rules and preparing an application, please contact Fred B. Werkenthin, Jr. at (512) 472-3263. 515 Congress Avenue, Suite 1515 | Austin, TX 78701-3503 | t 512.472.3263 | f 512.473.2609 |