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The construction of docks, piers, moorings, and marinas results in a downgrading of the shellfish growing waters to prohibited status for the harvesting of shellfish. While the area under structures may still serve as habitat for shellfish, it is no longer harvestable and is therefore considered lost for purposes of mitigation. Some in-water activities, such as a dock at a single-family home or certain marina developments, are allowed to occur in shellfish habitat if mitigation is performed to compensate for the loss of productive, harvestable shellfish habitat caused by these activities. Mitigation is achieved through a contribution to the Department’s dedicated account for shellfish habitat mitigation. The funds in the dedicated account are then used by the Bureau of Shellfisheries, within the Marine Fisheries Administration (MFA), to conduct activities to offset the permitted impacts to shellfish habitat. This cooperative relationship is elaborated within the Memorandum of Understanding (MOU) between DLUR and the MFA. In accordance with the MOU, the MFA will prepare a five-year plan that will serve as a conceptual spending plan. MFA will prepare annual reports summarizing each year’s activities and describing how the activities implement the five-year plan.
Dedicated Account
Memorandum of Understanding
Plans & Reports
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