The Second Half of the 20. Century: U.S. Federal Agencies and Oysters (Shellfish) John McCabe

Intro North America Environment Ocean Awareness Mariculture •U.S. Agencies •Chesapeake Bay •Willapa Bay Asia Europe •France Navigational option: Focus on France Focus on Chesapeake Bay Focus on Willapa Bay

By the end of the 1990s, there existed a slew of legislation and programs pertaining to oysters and shellfish in general, both on state and federal level. Some shellfish related legislation had already been amended and updated a number of times. To a layperson (much like myself), it had become (and still is) a complexly interwoven bureaucratic phenomenon. It is not uncommon that shellfish issues crisscross between a number of state and federal agencies, all being touched in their areas of responsibility to a greater or lesser extent. At times, it could possibly be compared to a form of "brackish water", not really saltwater and not really freshwater, much like a typical estuary where a number of creeks and rivers meet the ocean. There is certainly no national "shellfish czar" or "supreme shellfish authority" empowered to pass expeditious final judgment on any new shellfish issue. As noncombatant as the issue of "shellfish" may appear politically on the surface, politics do play a role. Some agencies vie for more influence in one area and pass the buck in another. To compound matters, state and federal agencies don't necessarily see eye to eye on certain issues while on other issues they may pull together formidably. All of the agencies I found to be associated with shellfish, whether directly or indirectly, have a greater or lesser amount of most knowledgeable and dedicated people on staff, often conducting research in the area of shellfish similar to that of some of their counterparts in other agencies. Personally, as merely an interested layperson in "oyster science", I have found this phenomenon to be beneficial. I've found some outstanding reports on shellfish by certain government agencies I previously never dreamed would offer such reports. Example: U.S. Army Corps of Engineers. Seriously folks: Who would ever expect the Army to publish terrific scientific reports on oysters? I certainly did not - and I'm glad they did, as their reports and studies are some of the best I've ever read.

FDA and ISSC
In terms of oysters (and shellfish in general), the federal agency FDA (U.S. Food and Drug Administration) expanded the venerable old National Shellfish Sanitation Program (NSSP). The NSSP, originally formed in 1925, is a tripartite cooperative program of Federal and State public health officials and the shellfish industry, working together to improve shellfish safety. In the context of the NSSP, the Interstate Shellfish Sanitation Conference (ISSC) was organized in 1982. The ISSC has a MOU (Memorandum of Understanding) with the FDA. Its influential executive board includes representatives from producing state shellfish control agencies, representatives from non-producing state shellfish control agencies, industry representatives, one member each from the FDA, the National Marine Fisheries Service (NMFS), the U.S. Environmental Protection Agency (USEPA), and a non-voting representative from each of three task forces with ISSC. Together they continuously manage, monitor and improve upon the NSSP, fostering and promoting shellfish sanitation through the cooperation of state and federal control agencies, the shellfish industry, and the academic community. The ISSC also takes care of the "National Shellfish Sanitation Program Manual of Operations" (NSSP Handbook). It's a critically important "shellfish bible" if you will. By addressing many areas such as administrative procedures, guidelines for shellfish growers and growing areas, laboratory procedures and patrolling of harvesting, this (two-volume) manual provides guidance to states in creating shellfish laws and regulations.

The EPA
In 1970, the U.S. Environmental Protection Agency was established. Its purpose is to consolidate in one agency a variety of federal research, monitoring, standard-setting and enforcement activities to ensure environmental protection. The EPA's mission is to protect human health and to safeguard the increasingly precious commodities of the natural environment such as air, clean water, and land, upon which all life ultimately depends.

The Army Corps of Engineers
Occasionally we might notice a little square sign with a castle on it and wonder what "the U.S. Army" might be doing "around here". It turns out that the Army Corps of Engineers is just about everywhere - and has been since the founding of the United States. Few people realize that particularly since the 1970s, in terms of wetlands, oysters and shellfish in general, the Army Corps of Engineers has become a critically important player.

The beginnings of the Army Corps of Engineers can be traced back to the American Revolutionary War. It is historically also well known for its service in all the wars America has fought since. Fighting a war, without a competent engineering and construction organization like the Corps, usually means loosing the war. Besides wartime service, the Corps has also always served the U.S. at home by monitoring important aspects of the integrity of domestic transportation. The Corps has also been highly committed to research and development in a number of environmental issues.

Since the Rivers and Harbors Acts of 1899, the Department of the Army Corps of Engineers oversees all tidal waters, all ocean waters within a zone three nautical miles from the coast line and possesses limited authority across the outer continental shelf for artificial islands. In this capacity, the Army Corps of Engineers studies proposals and issues permits on structures such as piers, wharfs, breakwaters, bulkheads, jetties and dams. It also oversees canal dredging or the disposal of dredged material, excavations, filling in of waterways and other modification to the navigable waters of the United States. Most any kind of construction, excavation, or dumping of materials in, over, or under such waterways, or anything that could change the course and capacity of these waterways, is subject to their review and the potential requirement of a permit.

Oddly, the Army Corps of Engineers has only rarely been recognized for their critical services. Despite being involved in civil issues, they also tend to keep a rather low profile in the civilian world. Since 1972, the Army Corps of Engineers is intertwined with the EPA. The Federal Water Pollution Control Act (Clean Water Act) contains a Section 404. It authorizes the Secretary of the Army, acting through the Chief of Engineers, to issue permits for the discharge of dredged or fill material into the waters of the United States at specified disposal sites.

NOAA
U.S. National Oceanic and Atmospheric Administration
*work in progress*

USDA - RAC
U.S. Department of Agriculture - Regional Aquaculture Centers
*work in progress*

ATSDR
Agency for Toxic Substances and Disease Registry
*work in progress*

U.S. Fish and Wildlife Service
*work in progress*

National Marine Fisheries Service
*work in progress*

... and more.