Status of Mariculture in the U.S. Virgin Islands
CFMC Mariculture Meeting March 2026
Government of the Virgin Islands
Department of Planning and Natural Resources
Long history of excellence in aquaculture in the USVI
World Aquaculture, December 2022
Government of the Virgin Islands
Department of Planning and Natural Resources
Summary
• 3 year milestones
• June 14, 2023: 9AM – 11AM – Kick-off Aquaculture and Mariculture Commission
• November 26, 2024: Commission votes to approve Strategic Plan
• February 2, 2026: Final Rules and Regulations transmitted to the USVI Legislature
With special thanks to:
Government of the Virgin Islands
Department of Planning and Natural Resources
Previous U.S.V.I. Policy
Government of the Virgin Islands
Department of Planning and Natural Resources
Regulatory Framework
• The structure of the V.I.C. complicates the establishment of aquaculture policy through the V.I.R.R. and favors the creation of a new code section.
• 3 V.I.C.§291 grantsthe DepartmentofAgriculturethedutyto“administerandenforcelawsregulating aquaculture.”
• Thoughnotexplicitlystated,mariculture,hydroponicsandaquaponicsmayalso fallunderthelistof duties.
• There are five mentions of “aquaculture” in the V.I.C. and five in the V.I.R.R.
Government of the Virgin Islands
Department of Planning and Natural Resources
12 V.I.C. 2. Definitions
• Title 7. Agriculture; Chapter 1. Development of Sustainable Agriculture; Subchapter I. Sustainable Agriculture
• (a) ‘Agricultural products‘ means fruits, vegetables, herbs, honey, forage, ornamentals, aquaculture, (fish), trees, poultry, eggs, meat, and dairy products.
• (e) ‘Farm‘ means any development of land for the commercial production of plants, fruits, vegetables, herbs, honey, forage, ornamentals, aquaculture, trees, poultry, eggs, meat, and dairy products.
• (g) ‘To farm‘ means to practice the production of fruits, vegetables, herbs, honey, forage, ornamentals, aquaculture, trees, poultry, eggs, meat, and dairy products, and aquatic life in the Virgin Islands.
• (q) ‘Property engaged in agriculture‘, means any land space used wholly or partially for the production of agricultural products, including but not limited to:
• (1) The cultivating of any fruits, vegetables, herbs, honey, forage, ornamentals, aquaculture, trees, poultry, eggs, meat, and dairy products, and aquatic; or
3 V.I.C. 291. Powers and Duties of the Department
• Title 7. Executive; Chapter 17. Department of Agriculture
• The Department, through the Commissioner, is empowered and has the duty to:
• (1) promote, administer, and enforce the programs under Title 7 of this code;
• (2) promote, assist, and encourage good relations and services among producers, distributors and consumers of food products;
• (7) inspect and regulate, in accordance with law, the grading, packaging, storage and sale of all locally grown fruit and vegetables and animal products;
• (9) administer and enforce laws regulating aquaculture;
• (11) prepare a strategy for the preservation and expansion of locally produced agricultural products in the Virgin Islands;
• (14) investigate the causes, modes of propagation and means of prevention and control of animal and plant diseases;
• (15) promulgate rules and regulations for the effective exercise of its powers and duties;
V.I.R.R. 184-2. Definition of Words and Terms.
• Title 12. Conservation; Chapter 7. Water Pollution Control; Subchapter 184. Territorial Pollutant Discharge Elimination System; Division 1. Definitions
• (5) “Aquaculture project” means a defined managed water area which uses discharges of pollutants into that designated area for the maintenance or production of harvestable freshwater, estuarine, or marine plants or animals. “Designated project area”, as used in this definition, means the portions of the waters of the United States Virgin Islands within which the permittee or permit applicant plans to confine the cultivated species, using a method or plan or operation (including, but not limited to, physical confinement) which, on the basis of reliable scientific evidence, is expected to ensure that specific individual organisms comprising an aquaculture crop will enjoy increased growth attributable to the discharge of pollutants, and be harvested within a defined geographic area.
V.I.R.R. 184-43. Aquaculture Projects
• Title 12. Conservation; Chapter 7. Water Pollution Control; Subchapter 184. Territorial Pollutant Discharge Elimination System; Division 4. Special Program Requirements
• Permit requirement: Discharges into “aquaculture projects” (as defined in Section 184-2) are subject to the TPDES permit program through section 318 of CWA, and in accordance with 40 CFR part 125, subpart B.
• Title 12. Conservation; Chapter 7. Water Pollution Control; Subchapter 184. Territorial Pollutant Discharge Elimination System; Division 5. Permit System--Contents of Permits
• Excerpt
• In addition to the requirements set forth in 184-51 through 184-54, each TPDES permit shall include conditions pursuant to the following regulations whenever applicable:
• (b) 40 CFR 125 Subpart B (Criteria for issuance of Permits to Aquaculture Projects);
Current U.S.V.I. Status
1. Rules and Regulations approved 2026
2. 5 year Strategic Plan approved December 2024
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U.S. Territories overview
Background context for USVI Rules and Regulations
Government of the Virgin Islands
Department of Planning and Natural Resources
Aquaculture in Puerto Rico
• Aquaculture is included in the Puerto Rican Code under:
• Title 5 Agriculture, Chapter 52. Fishing and Aquaculture Industry Council
• Title 12 Conservation, Chapter 2A Fisheries
• Classified as an agricultural business alongside mariculture and commercial fishing.
• Considered an agricultural farm.
• Included under several Taxation and Finance sections.
Government of the Virgin Islands
Department of Planning and Natural Resources
Aquaculture in Guam
• Aquaculture is included in the Guam Code under:
• Title 5 Government Operations Part 6 Agriculture, Article 8. Agricultural Board of Commissioners
• Title 8 Food and Agriculture
• University of Guam is the lead agency for aquaculture.
• Grouped with agriculture and mariculture.
• Included with agriculture under several finance and development chapters.
• It is a First Priority water use alongside households, farms and other agricultural operations.
Government of the Virgin Islands
Department of Planning and Natural Resources
Aquaculture in American Samoa
• Aquaculture is not mentioned in accessible code.
• Permits are granted by the Department of Marine and Wildlife Resources.
Government of the Virgin Islands
Department of Planning and Natural Resources
Aquaculture in Northern Mariana Islands
• Aquaculture is included in the Code as Public Law 15-43:
• Northern Marianas College’s Cooperative Research, Extension, and Education Service is the responsible agency for aquaculture development.
• Aquaculture, mariculture, hydroponics, and aquaponics are grouped.
Government of the Virgin Islands
Department of Planning and Natural Resources
Federal Legislation
• *Magnuson-Stevens Fishery Conservation and Management Act (1976)
• Endangered Species Act (1973)
• Marine Mammal Protection Act (1972)
• National Marine Sanctuary Act (1972)
• Coastal Zone Management Act (1972)
• National Environmental Policy Act (1969)
• Fish and Wildlife Coordination Act (1934)
• *Holding: The Court of Appeals, August 2020, held that the MSA did not authorize the regulation of aquaculture, and thus NMFS exceeded its statutory authority in implementing aquaculture regulations.
Government of the Virgin Islands
Department of Planning and Natural Resources
NOAA Aquaculture Science Advice Handbook
• "Assesses aquaculture management policies, resources, and processes to provide a guide for developing science products"
• Includes:
• Federal laws, agency policies, and processes relevant to aquaculture science advice, successful models for aquaculture science advice development inside and outside of the United States
• Best practices for aquaculture science advice development, aquaculture science advice expertise, and capacity within NOAA
• Recommendations to strengthen NOAA capability in generating timely, rigorous aquaculture science advice
State Code Outlines
Florida Aquaculture Code
• Florida Aquaculture Act
• Definitions
• Declaration of public policy respecting aquaculture
• Legislative intent
• Powers and duties of Department of Agriculture
• Aquaculture certificate of registration
• Prohibited acts; penalties
• Cultured shellfish theft reward program
• Aquaculture Review Council
• Aquaculture Interagency Coordinating Council
• Shellfish regulation; leases
• Shellfish processors; regulation.
• https://law.justia.com/codes/florida/2002/TitleXXXV/chapter597/chap ter597.html
Texas Aquaculture Code
• Definitions
• Aquaculture Program (powers and duties)
• Program Staff
• Contracts
• Rules and Regulations
• Aquaculture Fund
• Licensing
• Additional requirements for specific species
• License Fees; Waivers; Duration, Renewal; Exemptions
• Records
• Exotic Species
• Aquaculture Facility Protected
• https://statutes.capitol.texas.gov/Docs/AG/htm/AG.134.htm
Government of the Virgin Islands
Department of Planning and Natural Resources
Workflow and Documentation
• Meetings focus on input and feedback from Commission members
• Strategic Plan sections built out between meetings, collaborating with relevant agencies and partners
• Iterative process, opportunities for review of developed sections
• Documents will be continuously available for comment
• Communication through
• GoogleDrive
Workflow Milestones
• Meetings focus on input and feedback from Commission members
• June 14, 2023: 9AM – 11AM – Kick-off
• August 9, 2023: 9AM – 11AM – First official meeting (per Act 6471)
• November 29, 2023: Rules and Regulations (VIRR) sent out for public comment
• December 13th, 2023: 9AM – 11AM – Working Session
• February 14th, 2024: 9AM – 11AM – Working Session and vote approving VIRR
• April 10th, 2024: 9AM – 11AM – Working Session
• April to November 2024: Commission works on Strategic Plan by email
• October 2024: VIRR transmitted to Department of Justice
• November 26, 2024: Commission votes to approve Strategic Plan
• May 28, 2025 – October 10, 2025 : Department of Justic reviews VIRR
• February 2, 2026: Final Rules and Regulations transmitted to the USVI Legislature
Government of the Virgin Islands Department of Planning and Natural Resources
USVI Regulatory Framework & Strategic Plan
Government of the Virgin Islands
Department of Planning and Natural Resources
USVI – what’s next?
VISION STATEMENT
An intentionally sustainable USVI aquaculture industry that expands access for Virgin Islanders to nutritious food products, jobs, and healthy working lands and waters.
MISSION STATEMENT
Our five-year mission is to build physical and intellectual infrastructure development, to nurture a well-supported business environment with a stable, streamlined regulatory environment, a science extension service, and accepted scientific community standards guiding economically viable aquaculture markets, sustainable stocks, and innovative practices.
Email:
jp.oriol@dpnr.vi.gov – Commissioner, USVI Planning and Natural Resources nicole.angeli@dpnr.vi.gov – Director, USVI Fish and Wildlife sennai.habtes@dpnr.vi.gov – USVI Chief of Fisheries