Solutions for sustainable mariculture - Convention on Biological ...

<strong>Solutions</strong> <strong>for</strong> <strong>sustainable</strong> <strong>mariculture</strong> - avoiding the adverse effects of <strong>mariculture</strong> on biological diversity(d)(e)(f)(g)(h) Sri Lanka’s National Environmental ActIn Malaysia, an EIA is required <strong>for</strong> “land19.300); 144 (92/43/EEC) are important in this regard.based aquaculture projects accompanied byclearing of mangrove swamp <strong>for</strong>ests coveringan area of 50 hectares or more,” pursuantto the Environmental Quality (PrescribedActivities) (Environmental Impact Assessment)Order 1987 of the Environmental Quality Act1974. However, the EIA law in relation to(NEA) requires an EIA <strong>for</strong> any fisheries projectlarger than 4 hectares and prohibits anyperson from discharging, depositing or emittingwaste into the environment that willcause pollution without a license issued bythe authority or in accordance with standardsprescribed under the act. This involves theaquaculture projects is weak. There is a voluntaryissuing of license by the Central“Code of Practice <strong>for</strong> Aquaculture” (6thSept 1999); 141Environmental Authority (CEA). In addition,the Fisheries & Aquaculture Resources ActNew South Wales (Australia) regulates aquacultureNo. 2 of 1996, includes rules <strong>for</strong> the manage-pursuant to Part 6 of the Fisheriesment, regulation, conservation and develop-Management Act, the Fisheries Managementment of fisheries and aquatic resources in SriAquaculture Regulations 1995 and by theLanka. 145Environmental Planning and Assessment Act.These laws designate aquaculture as a “designated137. In recent years, the increasing global concerndevelopment,” which requires an EIA; 142 <strong>for</strong> the destruction of mangrove habitat by aqua-In 1996 the Supreme Court of India ordered culture operations, most commonly shrimp farmingthe closure and rehabilitation of several nontraditionalin brackish-water ponds, has led to more strin-large-scale aquaculture industries gent regulations. In 2000, only Belize and Ecuadorthat have caused harm to India’s coastal areas. had laws in place that specifically prohibit theTraditional approaches and improved traditionaldestruction of mangroves resulting from aquacul-methods of aquaculture were allowed ture projects, while other countries, such as Costato continue. The Supreme Court based its Rica, Malaysia, India, Thailand and China, dependorder on the reasoning that aquaculture is an on EIAs or moratoriums on development projectsindustry and is hence prohibited under the in mangroves, and general environmental regulations.Coastal Regulation Zone (CRZ) notification(which prohibits new industries or expansionwithin the CRZ area); 143138. Other legislation is in place that should beIn Chile, an EIA could be required <strong>for</strong> any considered when assessing proposals <strong>for</strong> <strong>mariculture</strong>project proposed in coastal areas pursuant toprojects. In the European Union, the Birdsthe Environmental Framework Law (No. Directive (79/409/EEC) and the Habitats Directive141 The Environmental Law Alliance Worldwide (E-LAW). 2000. Survey of laws on aquaculture. Available on the Industrial Shrimp Action Networkwebsite at http://www.shrimpaction.com/ESurvey.html142 Ibid.143 Bonora, M. 1999. Shrimp Aquaculture in India. The Shrimp Sentinel Online, National Reports.http://www.earthsummitwatch.org/shrimp/index.html144 The Environmental Law Alliance Worldwide (E-LAW). 2000. Survey of laws on aquaculture. Available on the Industrial Shrimp Action Networkwebsite at http://www.shrimpaction.com/ESurvey.html145 The Environmental Law Alliance Worldwide (E-LAW). 2000. Survey of laws on aquaculture. Available on the Industrial Shrimp Action Networkwebsite at http://www.shrimpaction.com/ESurvey.html39