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

101 GFCM:XXXV/2011/Dma.9
Figure 6 - Legislative framework: tools for regulating aquaculture
NORMS FOR
AQUACULTURE
7%
NO
7%
FISHERIES &
AQUACULTURE
LAW
79%
In terms of site selection and aquaculture planning, the existence of a law is positive in order to
guarantee, in a mandatory way, the criteria and requirements for site selection. Aquaculture has a
strategic role in maritime and coastal zones in relation to its competitors such as tourism, navigation,
fisheries, marine protected areas etc. The law provides the aquaculture sector with the first step to
obtain a defined strategic position into the legal framework of a country.
Generally, there are no homogeneous or common criteria that enable the undertaking of a common
legal analysis for the whole of the Mediterranean; on the contrary, the legislation of each country is
primarily based on criteria of local regulation, depending on the type of aquaculture, its legal tradition
and the greater or lesser importance of the activity in that country. Besides, the legal framework for
aquaculture is not limited to the strict regulation of this activity, i.e. the conditions and characteristics
of access to the activity in the form of licences and permits, validity periods, the rights and duties of
establishment operators, the characteristics of aquaculture facilities and their production systems, etc.
Additionally, we must consider extremely important rules that, although not issued by the
administrative authority responsible for aquaculture, directly affect the development of this industry.
For instance, with regard to site selection for aquaculture, the process includes wide-ranging
legislation on the occupation and exploitation of land that is state owned or public coastal areas,
which are described by different names depending on the country; alternatively, of state-owned
coastal areas that may be used for the practice of aquaculture. This is the case for the majority of
Mediterranean aquaculture regulations (Spain, Greece, France, Italy, Egypt, Algeria, Turkey, etc.),
which are normally issued by a different administrative authority to that which grants aquaculture
licences.
Aquaculture regulations in Mediterranean countries frequently contain aspects related to legislation on
health, environmental impact and management, marketing in the field of aquaculture, and so on. To
illustrate the complexity of aquaculture legal frameworks, within the European Union there are more
than three hundred regulations that affect this industry. However, for the purposes of this report, we
will focus on legislation concerning licences, and the spatial planning and use of public areas,
monitoring and the EIA procedure, which have the greatest influence on selection of areas.
Box 2 - Aquaculture site selection at the regional Level in Spain (2009)
101
AQUACULTURE
LAW
7%