Shellfish Aquaculture

Commercial Shellfish Operations


  • The shellfish industry needed legal representation to help with issues arising related to their operations within the State of Oregon as well as in related state and federal waters. 
  • The shellfish industry needed continuing representation on all matters relating to the US Army Corps of Engineers’ periodic issuance of Nationwide Permit 48.  As the Corps issues its nationwide permits on five-year cycles, the issuance process is subject to numerous state and federal regulatory standards addressing water quality and the potential for impacts on aquatic and wildlife species protected under the federal Endangered Species Act.


  • Advise the association as well as individual member operations on matters affecting commercial shellfish operations under applicable state and federal real property, natural resource, food safety and environmental laws. 
  • Advise on laws and related regulations matters relating to the US Army Corps of Engineers’ periodic issuance of Nationwide Permit 48 including, but not limited to, matters involving consultation under the federal Endangered Species Act. 
  • Work on state permit approvals for member operations.
  • Provide successful defense of regulatory enforcement actions involving alleged violations of the state equivalent of the federal Clean Water Act and food safety regulations as established by the federal Food and Drug Administration.


  • Ongoing representation of the industry has helped maintain a strong and successful presence before the state and federal regulating agencies governing shellfish industry operations, therefore enhancing the industry’s position in the public policy arena.
  • Ongoing legal representation has allowed a proactive approach to addressing issues, ultimately creating much more cost-effective solutions for the industry.