ADCP/REP/89/42 - A Preliminary Review of Selected Legislation Governing Aquaculture













Table of Contents


by

Anne R. Van Houtte
Consultant to Legislation Branch
Legal Office, FAO

Nicola Bonucci
Legislation Branch
Legal Office, FAO

William R. Edeson
Legislation Branch
Legal Office, FAO

AQUACULTURE DEVELOPMENT AND COORDINATION PROGRAMME

UNITED NATIONS DEVELOPMENT PROGRAMME
FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS
Rome, 1989

The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Food and Agriculture Organization of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the copyright owner. Applications for such permission, with a statement of the purpose and extent of the reproduction, should be addressed to the Director, Publications Division, Food and Agriculture Organization of the United Nations, Via delle Terme di Caracalla, 00100 Rome, Italy.

FAO 1989

This electronic document has been scanned using optical character recognition (OCR) software and careful manual recorrection. Even if the quality of digitalisation is high, the FAO declines all responsibility for any discrepancies that may exist between the present document and its original printed version.


Table of Contents


FOREWORD

INTRODUCTION

1. AQUACULTURE IN THE LEGAL FRAMEWORK

1.1 The place of aquaculture in the legal framework

1.1.1 Countries with a specific set of rules on aquaculture
1.1.2 Countries with some specific aquaculture legislation
1.1.3 Countries with an enabling law

(a) Basic laws including some provisions on aquaculture
(b) Countries with an enabling clause on aquaculture

1.2 The definition of aquaculture

2. BASIC LEGAL REQUIREMENTS FOR SETTING UP AN AQUACULTURE FARM

2.1 The scope of the legal instrument
2.2 Form of the administrative requirement

2.2.1. The authorizing authorities
2.2.2 The form of the authorization

2.3 General conditions attached to the authorization

2.3.1 Obligation to provide documents and information
2.3.2 Citizenship, professional qualifications and other criteria
2.3.3 Duration, payment, renewal of the authorization

(a) Duration of the authorization
(b) Payment
(c) Renewal of the authorization

2.3.4 Special obligations and rights

(a) Special obligations
(b) Specific rights

3. ACCESS TO AND USE OF LAND AND WATER

3.1 Land

3.1.1 Publicly owned land versus privately owned land
3.1.2 Agriculture Development Policies and Land Reform Regulations
3.1.3 Protected Areas

3.2 Water

3.2.1 Access to and use of water
3.2.2 Discharge of used waters and water quality

Water discharge
Water quality

4. ENVIRONMENTAL ASPECTS

4.1 Aquaculture and environment

4.1.1 Land use planning and zoning
4.1.2 Control over installation and operation
4.1.3 Discharge limits and pre-discharge treatment to meet limits
4.1.4 Fiscal incentives
4.1.5 Prohibitions of specific activities or definition of limits on activities

4.2 Fish diseases
4.3 Fish movement: import of live fish and introduction of exotic species

4.3.1 General rules to control animal health and disease
4.3.2 Specific rules concerning fish disease prevention

CONCLUSIONS