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

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Based on the results of the surveys and analysis of the legal frameworks for aquaculture, the main
outputs of this report are the following recommendations:
1. Research and the results of the SHocMed surveys show heterogeneity in the legal frameworks
regulating aquaculture, in particular: concepts, definitions, competence, rights, institutions, etc.
Legislation regulating aquaculture must include a definition of the activity and a minimum content.
It should be noted that particular laws and policies, as well as the absence of regulations, can serve
as constrains for aquaculture development. It is deemed that legislative guidelines for the
Mediterranean should address the following minimal aspects:
for implementation, monitoring and receipt of feedback of the policy proce
The potential of soft law
1. Establish principles
2. Provide standards
3. Provide guidance
4. Foster debate and cooperation among stakeholders
At international level:
- Code of conduct for responsible fisheries (FAO)
- Code of Conduct for European aquaculture (FEAP)
- Guidelines for the sustainable development of marine
aquaculture (IUCN)
- Aquaculture site selection and site management (IUCN)
At national level:
- Guidelines for marine aquaculture planning: integration and
monitoring (Croatia)
- Guidelines for the minimization of waste in marine aquaculture
(Spain)
- Codice di buona pratica di allevamento in acquacoltura (Italy)
2. As Spreij (2003) points out, the development of a regulatory framework not only includes the
adoption of legislative aquaculture texts, but also the amendment and/or enactment of related
laws, including land, water and environmental legislation. For some context, it may even be
sufficient to introduce changes in the existing legislation without formulating a new aquaculture
law. Additionally, criteria of flexibility should be taken into account, since legislation may
quickly become outdated with the rapid evolution of the industry (Spreij, 2003: 11) 38 .
38 Several countries, as for instance Australia, are involved in a proposal for de-regulation of aquaculture, based on the premise
that “de-regulation in the aquaculture industry is required and overdue, as the current regulatory arrangements are too complex,
disproportionate to the risk being managed and create significant regulatory duplication”.
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