Every shellfisherman with an aquaculture grant should no only keep a wary eye on this, they should seek intervenor status. A couple years ago we had a request for an aquaculture grant off of West Dennis Beach. The grant area was to be over an acre. We asked the Cape Cod Commission about their jurisdiction. They determined that they did not have jurisdiction over the farm. This was a good decision on their part that benefits all aquaculture farmers. As part of this request, we specifically discussed this particular case. The Commission staff noted the lack of jurisdiction over it for the same reasons they felt that the similarly sized one in Dennis did not trigger review.
If this case were to prevail, the task of establishing an aquaculture farm on Cape Cod will be much more costly.