Saltwater Ecology and Economics on the Half-Shell: Comparing Georgia’s New Oyster Law to Its Southeastern Neighbors

Abstract

Georgia oysters have both a historic pedigree and a bright future. The salt marsh ecosystem Georgia's wild oysters inhabit and the booming market awaiting Georgia's farmed oysters each stand to benefit from the State's 2019-2020 oyster law andr egulations. This new legalframeworkprovidesfo r leasinga ndp ermitting offloating cages in public trust waters, and the potential for sustainable ecological and economic growth for coastal resiliency. These developments should allow Georgia to enter the national and international market for farmed oysters, alongside neighboring states and others on the Eastern Seaboard, Gulf Coast, and Pacific Northwest. By analyzing the history and structure of the new law, this article provides an in-depth analysis of how Georgia might establish its oyster farming industry, with an eye toward the benefits of protecting, preserving, and restoring the wild natural oyster resource. By comparing Georgia's approach to that of its "core corner four" neighbors South Carolina, North Carolina, Florida, and Alabama this article outlines the considerations and context used by other states developing oyster "mariculture" programs. By identifying the potential for the Georgia oyster farming industry to not only serve a growing market but also to strengthen coastal resiliency, this article also highlights the ecological benefits of oysters and the State's Coastal Marshlands Protection Act. Last, the article provides an Appendix with a short legal memorandum analyzing constitutional law issues related to residency requirements and contains several tables comparing state mariculture programs.