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Particularly relevant are aquaculture laws establishing criteria for determining suitable areas for mariculture or
requiring aquaculture concentration in sea farming areas. For instance, in Galicia (Spain) Law 6/1993 on
Galician Fisheries and its implementing regulations, provides for the organisation of mussel farming facilities in
special designated centres and the development of mussel beds in areas delimited by the regional government
(articles 58 and 62 of the Galician Fishing Act). Also, Decree 406/1996 on mariculture provides for the
management of the designated sea farming areas within the framework of the integral planning of coastal uses
(Article 20) and the Galician Aquaculture Plan, as a sectoral territorial plan, and will be the legislation that
regulates the areas delimited for practising aquaculture in aquaculture farms.
Law 2/2007 on Fishing and Aquaculture in Murcia (Spain) regulates designated sea farming sites, which it
defines as areas suitable for anchoring floating cages within areas declared as being of interest for mariculture
by the regional government, “after assessment of their environmental impact”. This Law adds that the rules
establishing said designated sites must specify both their maximum production capacity and the species that may
be farmed (Article 75). Other regulations, instead of imposing mandatory regulations on planning and
management, simply recommend “areas of interest for marine aquaculture”, which are most appropriate for
aquaculture operations. This is the case of the Spanish Mariculture Act and the laws of the Autonomous
Communities (Galicia, Murcia, Asturias, etc.) - In Spain there are several autonomous departments with
competencies to regulate aquaculture and fisheries.
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The Spanish decentralized model has important consequences for aquaculture in further complicating the legal
regime applicable. There is a decentralisation between a) the Regional Governments (Comunidades Autónomas)
with main competences in aquaculture and b) the Central Government where the Ministry of Environment,
Rural and Marine Affairs (MARM) only have competences for designing the general policy for agriculture,
fisheries and food. The MARM also has functions of coordination and representation through the General
Secretary of the Sea (Secretaría General del Mar). Therefore aquaculture in Spain is regulated at regional level.
Autonomous Communities can develop their own aquaculture policy, granting licenses, planning the activity,
capability training, organizing farmers, etc. Although if there is no regulation approved by Autonomous
Communities, the State Law 23/1984, on Marine Culture, will be applicable.
Central Government has the key coordination role through the Sea Harvest Advisory Board (JACUMAR)
depending on the MARM and integrated by General Secretariat of the Sea, the fisheries departments of
Autonomous Communities and aquaculture organization representatives. This Advisory Board is in charge of
coordinate the public administrations involved in aquaculture and manage the Aquaculture National Plans.
8.3 Licensing procedures for aquaculture
8.3.1 General principles governing the exercise of authority to issue a licence
Whenever marine culture is developed in a specific area defined as within ‘coastal and maritime
public domain’ and owned by States, their occupation must be authorised by the competent
administrative authorities in charge of managing the space. In general, the coastal zone belongs to the
whole society for general use, but when a profitable or economic activity - as a private activity - is
developed in such areas, a concession or permission by the responsible authority is needed.
The licensing system is a control procedure that allows the authorities to verify the viability of the
installation site and the potential environmental effects of the operation in question. Licences establish
aquaculture sites, the conditions and operating period, environmental requirements and the carrying
capacity of each aquaculture facility, i.e. the conditions that affect the specific area where aquaculture
will be practised.
There are various types of licences, depending on the type of activity or the legal status of the aquatic
resource used. They have different names, such as: authorisation, concession, licence, permit or lease.
Generally, in nearly all countries, the mostly commonly used terms are; licence, referring to the
activity, and concession, referring to occupation of public areas. Definition depends on the legal
system in each country.
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