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Site selection and carrying capacity in Mediterranean ... - FAO Sipam

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100<br />

Figure 5 - Countries with a legislative egislative framework: tools tools for regulat<strong>in</strong>g regulat<strong>in</strong>g aquaculture aquaculture <strong>in</strong> the the <strong>Mediterranean</strong><br />

<strong>Mediterranean</strong><br />

Source: own elaboration.<br />

Legend:<br />

GFCM:XXXV XXXV/2011/Dma.9<br />

Countries with legislation for aquaculture (specific law/s regulat<strong>in</strong>g<br />

exclusively aquaculture issues)<br />

Countries with legislation for fisheries <strong>and</strong> aquaculture.<br />

Countries with other regulatory norms for aquaculture quaculture (legally b<strong>in</strong>d<strong>in</strong>g<br />

guidel<strong>in</strong>es with a lower rank <strong>in</strong> the normative system than a law, aw, for<br />

<strong>in</strong>stance decrees, ecrees, regulations, orders, etc.)<br />

Countries without legislation for aquaculture<br />

In the <strong>Mediterranean</strong>, , as has been the global trend<br />

predom<strong>in</strong>antly under the umbrella of a<br />

developed an exclusive law for a<br />

regulates aquaculture under water, agriculture or other general l<br />

last decades of the twentieth century.<br />

23 , the legislative framework for aquaculture is<br />

predom<strong>in</strong>antly under the umbrella of a fisheries <strong>and</strong> aquaculture law (79%), <strong>and</strong> only Cyprus<br />

aquaculture. Noteworthy is that none of the countries<br />

regulates aquaculture under water, agriculture or other general legislation, as has been the case<br />

ry.<br />

24 has<br />

that none of the countries surveyed<br />

has been the case <strong>in</strong> the<br />

As mentioned repeatedly, there is is no no direct relationship between the status of of regulations regulations on<br />

aquaculture <strong>and</strong> the the importance of of the sector. sector. Moreover, Moreover, the the existence existence of of a a solid solid legal legal framework for<br />

aquaculture does not imply growth growth of aquaculture, <strong>and</strong> could even act act as as a deterrent fo<br />

for aquaculture<br />

activities. These aspects will be considered carefully <strong>in</strong> the conclusions.<br />

Several authors authors have have remarked remarked that that a a legal legal def<strong>in</strong>ition def<strong>in</strong>ition of “aquaculture” re<strong>in</strong>forces the relevance of<br />

aquaculture as an economic sector whereas contribut<strong>in</strong>g to to provide provide ‘legal ‘legal security’<br />

security’ (Van Houtte,<br />

2001). The outcome of this report stresses also that aquaculture site <strong>selection</strong> <strong>and</strong> aquaculture<br />

plann<strong>in</strong>g re<strong>in</strong>force the legal security of the activity.<br />

23<br />

Exceptionally, some countries have developed an aquaculture-specific aquaculture law, as for <strong>in</strong>stance Chile.<br />

24<br />

Cyprus Aquaculture Law Law of of 2000 2000 (N. 117(I)/2000). In Spa<strong>in</strong>, although although there is a law for mar<strong>in</strong>e culture s<strong>in</strong>ce 1984 1984 (Ley<br />

23/1984, de 25 de junio, de Cultivos Mar<strong>in</strong>os), the distribution of of competences competences between between the the central an<br />

<strong>and</strong> the regional<br />

governments has led to a situation with<strong>in</strong> which many of of the the articles articles of of the the law law are are not not applicable, fall<strong>in</strong>g under under the<br />

competence of the Regional governments.

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