4.1 Aquaculture and environment
4.2 Fish diseases
4.3 Fish movement: import of live fish and introduction of exotic species
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
Each country, whether industrially highly developed, or less developed, has some level of environmental concern. Among the environmental concerns that countries consider as affecting aquaculture development, emphasis is laid on pollution by domestic or industrial waste and on pesticide pollution.
On the other hand, aquaculture operations can have adverse effects on the beneficial uses of the environment (effects on human health and welfare, ecological impacts, etc.). Various remedial and preventive approaches and combinations are possible.
Amongst the many environmental aspects relating to aquaculture the following have been identified:
1. Land use planning and zoning
2. Control over installation and operation
3. Discharge limits and pre-discharge treatment to meet limits
4. Fiscal incentives
5. Prohibitions.
The recommendation of zoning areas for aquaculture purposes through legislative measures has already been mentioned in the previous section on water and land law 1/. Such measures would also help in preventing the contamination of aquaculture products and in settling conflicts relating to land and water use, with the cooperation of other users in controlling environmental degradation and optimum use of land and water resources. Mexico, Malaysia and the Philippines are examples of countries that provide for some sort of protected areas. However, their regulations for protected areas are all formulated differently and modelled in different legal frameworks. The Mexican General Law on the Ecological Balance and the Environment Protection 2/ provides for areas "de protección de recursos naturales", established in accordance with the Federal Hunting and Fishing Law. Exploitation and exploration of natural resources therein are subject to a licence. The applicant must demonstrate that because of his technical and economic knowledge and ability, his activities will not adversely affect the ecological balance. However, the law refers to activities, such as "exploration, exploitation or use of natural resources" and it is not clear whether aquaculture is included.
1/ e.g. Ecuador: Shrimp hatcheries are only allowed in technically specified areas.e.g. France: Town planning documents (SDAU & POS) and maritime areas development documents (SAUM & SMVM).
e.g. Zambia: Conservation planning areas wherein layout of land for fish farms can be specified.
2/ Mexico, Law dated 29 January 1988.
In Malaysia, the Minister of the Federal Government who has the responsibility for fisheries, may by order establish any area or part of an area in Malaysian fisheries waters as a marine park or marine reserve 1/ where aquaculture activities are most likely not to take place. These parks and reserves are established in order to:
"(a) afford special protection to the aquatic flora and fauna of such area or part thereof and to protect, preserve and manage the natural breeding grounds and habitat of aquatic life, with particular regard to species of rare or endangered flora and fauna;(b) allow for the natural regeneration of aquatic life in such area or part thereof where such life has been depleted;
(c) promote scientific study and research in respect of such area or part thereof;
(d) preserve and enhance the pristine state and productivity of such area or part thereof; and
(e) regulate recreational and other activities in such area or part thereof to avoid irreversible damage to its environment" 2/.
1/ Act 317: Fisheries Act 1985. An Act relating to fisheries, including the conservation, management and development of maritime and estuarine fishing and fisheries, in Malaysian fisheries waters, to turtles and riverine fishing in Malaysia and to matters connected therewith and incidental thereto, 22 May 1985.
2/ Ibid., Sect. 42.
Any person who, in any marine park or marine reserve in Malaysian fisheries waters without the permission of the Director General for Fisheries in writing:
"(a) fishes or attempts to fish;(b) takes, removes or is in possession of any aquatic animal or aquatic plant or part thereof, whether dead or alive;
(c) collects or is in possession of any coral, dredges or extracts any sand or gravel, discharges or deposits any pollutant, alters or destroys the natural breeding grounds or habitat of aquatic life, or destroys any aquatic life;
(d) constructs or erects any building or other structure on or over any land or waters within a marine park or marine reserve;
(e) anchors any vessel by dropping any kind of weight on, or by attaching any kind of rope or chain to, any coral, rock or other submerged object; or
(f) destroys, defaces or removes any object, whether animate or inanimate, in a marine park or marine reserve
shall be guilty of an offence."
Permission to do any of the items listed above may be granted where it is necessary for the proper management of the marine park or marine reserve or pursuant to any of the purposes referred to in previous items 1/.
1/ Act 317: Fisheries Act 1985 of 22 May 1985, Sect. 43.
In the Philippines, certain projects, undertakings or areas in the country have been declared as environmentally critical. No person, partnership or corporation shall undertake activities on or operate in any such declared environmentally critical project or area without first securing an Environmental Compliance Certificate issued by the President or his duly authorized representative 2/. This Certificate states that the project under consideration will not bring about an unacceptable environmental impact and that the proponent has complied with the requirements of the Environmental Impact Statement System 3/. "Project" means activities including actions, programmes or undertakings, regardless of magnitude, which may have significant impact on the environment 4/. Amongst the projects declared to be environmentally critical are: fishery projects, i.e. dikes for fish pond development 5/ and forestry projects, such as, among others, the extraction of mangrove products 6/. The following are proclaimed as Environmentally Critical Areas:
(i) all areas declared by law as national parks, watershed reserves, wildlife preserves and sanctuaries 7/;(ii) revived areas of aquifers 8/;
(iii) water bodies characterized by the fact that they support wildlife and fishery activities 9/;
(iv) mangrove areas characterized by one or any combination of the following conditions:
(a) with primary pristine and dense young growth;
(b) adjoining the mouth of a major river system;
(c) near or adjacent to traditional productive fry or fishing grounds;
(d) which act as natural buffers against shore erosion, strong winds and storm floods;
(e) on which people are dependent for their livelihood 10/; and(v) Coral reefs characterized by one or any combination of the following conditions:
(a) with 50% and above live coralline cover;
(b) spawning and nursery grounds for fish;
(c) which act as natural breakwater of coastlines 11/.2/ Presidential Decree No. 1586 establishing an Environmental Impact Statement System including other environmental management related measures and for other purposes, 11 June 1978.
3/ Rules and Regulations implementing the intent and provisions of Presidential Decree No. 1586, Article I, Section 2.
4/ Ibid., Article 1, Sect. 2(b).
5/ Proclamation No. 2146 proclaiming certain areas and types of projects as environmentally critical and within the scope of the Environmental Impact Statement System established under Presidential Decree No. 1586, A, II, c, 1.
6/ Ibid., A II, b, 5.
7/ Ibid., B 1.
8/ Ibid., B 9.
9/ Ibid., B 10.
10/ Proclamation No. 2146, B 11.
11/Ibid., B 12.
If any proposed project is within the above lists, the project proponent must file a Project Description with the National Environmental Protection Council (NEPC), prepare an Environmental Impact Assessment in the form of a draft Environmental Impact Statement (EIS), and finally prepare the final EIS for the NEPC. If the expected environmental impact of the project is of substantial magnitude in terms of, inter alia, the number of people affected, the area affected, the cost involved, the NEPC may call for a public hearing. Finally, if the project as planned brings about acceptable environmental impacts, the Environmental Compliance Certificate will be issued 1/.
1/ Rules and regulations implementing the intent and provisions of Presidential Decree No. 1586 establishing the EIS system in relation to Presidential Decree No. 1151 promulgating the Philippine Environmental Policy, 1979, Articles III and IV.
Venezuela, Mexico, Philippines and France require an environmental impact study to secure a licence for fish farming and to control any aquaculture operations proposed.
The Philippine Environmental Impact Statement System, referred to above, should also be mentioned here. It was established in 1978. The system is based on the Environmental Impact Statement required of all agencies and instrumentalities of the national government, including government-owned or controlled corporations, as well as private corporations, forms and entities for every proposed project and undertaking which significantly affect the quality of the environment 2/. The scope of this system is "to attain and Statement System including other environmental management related measures and for other purposes, 1978. maintain a rational and orderly balance between socio-economic growth and environmental protection" 3/. It can be assumed that this legislation might affect aquaculture operations, as the projects or areas declared as "environment ally critical" are relevant for fish farm installations and exploitations 4/.
2/Presidential Decree No. 1586 establishing an Environmental Impact3/ Presidential Decree No. 1586 of 1978, Sect. 1.
4/ See above.
Without due authorization issued by the Ministry of Environment and Renewable Natural Resources (MARNR), no fish farm can be established in Venezuela. Such authorization is issued provided that MARNR approves the "environment impact study" submitted by the fish farming applicant 1/. Guidelines regarding the contents and the procedure for such a study are as follows:
1. the environment impact study must include the following items:. full description of the project;. physical, biological and socio-economic characteristics of the area of influence of the project;
. evaluation of the positive and negative effects on the environment;
. measures proposed to prevent, eliminate or compensate for any harmful effects of the project on the environment, during the construction phase as well as the operative/active phase;
2. the study must be drafted by professional experts in the matter;
3. the MARNR investigates and evaluates the study; and
4. depending on the outcome of the study, the authorization may or may not be granted.
The French legislation has broadly the same intention. As seen above 2/ fish farming operations might be subject to impact assessment or an impact statement prior to the authorization being issued to establish a fish farm 3/. The content of these impact studies must consider similar items as those listed above. The law adds, however, that the content of the study is dependent on the importance of the planned work and on its foreseeable effects on the environment 4/. Moreover, where an impact assessment is required there must be a public hearing. Such a public hearing will discuss the physical installation of the fish farm, its outlying farm buildings and the proposed fish rearing methods 5/. Whenever a public hearing pursuant to the water regulations and a public hearing on the fishery regulations are required, a single hearing shall be held 6/. Coordination between water and fishery regulations simplifies (to a certain extent) the procedure.
1/ Extract from "Investigación sobre el Estado de la Acuicultura en Venezuela", proyecto FAO-ITALIA (GCP/RLA/075/ITA), 33 p.2/ See Section 3.1.
3/ Decree No. 85-1400 prescribing the forms and conditions relative to fish farming concessions and authorizations. Act No. 76-629 on nature protection, and Decree No. 77-1141 of 12 October 1977.
4/ Decree No. 77-1411 of 12 October 1977.
5/ Decree No. 85-1400 of 27 December 1985 cit., Art. 11.
6/ Ibid., Art. 12.
In addition to this legislation, there exists the legislation on "Classified Installations", referred to above several times 1/, which applies to any corporation or individual, private or public, owning an establishment (i) which represents possible harmful effects for the neighbourhood, public health, security, public sanitation, agriculture, the environment, as well as for the conservation of sites and monuments 2/ and (ii) which is listed in a "nomenclature" 3/. Installations classified as such can either be subject to a special declaration procedure or to a special authorization procedure. Salmon culture farms (freshwater or salt water) 4/, since 1982, can only be established upon obtaining a special authorization decree 5/.
1/ Law No. 76-663 of 19 July 1976 on "Classified Installations" as being for the protection of the environment, completed by Decree No. 77-1133 of 21 September 1977, amended by Law No. 85-661 of 3 July 1985.2/ Ibid., Art. 1.
3/ Ibid., Art. 2.
4/ Decree No. 82-756 of 1 September 1982 amending the nomenclature of "Classified Installations".
5/ Indeed, the establishment of these farms is subject to a special authorization procedure whereby a personal authorization decree is issued for the fish farming applicant, providing for technical prescriptions to be fulfilled by the fish farming applicant, Decree No. 82-756. With respect to freshwater salmon culture farms, there is a decree providing for enforcement of technical prescriptions which the farmer must implement to carry out his activity.
Mexican legislation is somewhat different in that the impact study is not automatically requested. However the Fisheries Secretariat might be ordered to do one by the Secretariat for Urban Development and Ecology. This occurs especially when the fishing activity (for which an application for exploitation has been made) might be harmful to the species concerned or might upset the ecological balance 6/. However, as the law refers to "fishing activities" in general, it is not clear whether aquaculture operations are covered 7/.
6/ Law of 29 January 1988 on the Ecological Balance and Environmental Protection.7/ Note: According to the fishery law, fishing activities include aquaculture operations.
Another way to control operations might be to set limits on activities by category and to consider permits or licences to prohibit what is not licensed, and to control what is licensed. This is certainly the case of France with its legislation mentioned above on "Classified Installations". Alternative methods to try to achieve the same results can be found in several countries. In Norway, the Ministry of the Environment has decided that fishing and fish farming facilities shall be regarded as ordinary pollution activities and that a permit must be applied for and considered in accordance with the Pollution Act. The State Pollution Control Authority evaluates all applications and grants permits to the Fisheries Authorities accordingly.
In the Philippines, "breeding places" are considered as "nuisances", i.e. "anything that injures health, endangers life, offends the senses or produces discomfort to the community" 1/. Consequently, the owner, manager or operator of establishments must:
(a) obtain a sanitary permit from the local health authority before establishing and operating their business or trade;(b) remove daily all injurious by-products and wastes;
(c) prevent the escape of industrial impurities and adopt methods to render them innocuous;
(d) maintain working establishments and their premises clean and sanitary at all times; and
(e) store all materials properly to prevent emission of noxious or injurious effluvia 2/.
1/ Philippine Code on Sanitation, Presidential Decree No. 856, 1975, Sect. XIX.
2/ Ibid., Sect. 86.
The above examples show that the targets of the environmental legislation dealing with aquaculture are the natural resources to be protected against pollution or other deterioration, the considerations of effects on human health and welfare, the ecological impact and the danger to undermine the regenerative capacity of the given ecosystem.
As analysed in the previous section, the implementation and/or adoption of environmental protection measures regarding waste discharge are quite common to a number of countries and require various permits or licences, standards, pre-discharge treatments and sometimes subsidies or charges/sanctions 3/.
3/ The pollutants here are often the economic resources that are wasted or poorly managed.
These incentives usually take the form of direct subsidies for the installation of the control equipment during a limited time period (Poland, see above) or a tax deduction. As seen in the previous section, in Ecuador, to be granted the incentives offered under the Fisheries and Fisheries Development Act 1/, fishery enterprises (including shrimp hatcheries) must be classified and fulfil certain conditions, one of which is to install proper water discharge treatment. The incentives are exempt from duties normally payable on corporation or company operations, such as increase of capital, reconstruction, and share issues or division. Other exemptions include duties on working capital, export duties on fishery products, and import duties on goods and raw materials used in the processing of fishery products but not produced in the country, and the deduction from taxable income of up to 50% of income, loans or new capital reinvested in fleet or plant expansion or Improvement 2/.
1/ Decree No. 178 of 1974.2/ Ibid., Part IV.
Charges or taxes on polluting effluents or emissions resulting from aquaculture activities exist in Poland, Hungary and France, amongst other countries.
In Norway, a licence for breeding activities in freshwater, brackishwater and salt water shall not be granted if the facility is badly located in relation to the surrounding environment, lawful traffic or other on-going exploitation of the area 3/.
3/ Act of 14 June 1985, No. 68, Sect. 5(3).
Measures for the rational exploitation of fisheries and other aquatic resources in the Philippines may include the following: conserving the endangered species of fish and aquatic resources such as turtles, sea snakes, crocodiles, corals, as well as maintaining the mangrove areas, marshes and inland areas, coral reef areas and islands serving as sanctuaries for fish and other aquatic life 4/.
4/ Presidential Decree No. 1152, Philippine Environment Code 1977, Title IV, Sect. 27.
Destruction of mangroves in Ecuador is strictly prohibited 5/. Aquaculture licence holders are responsible for the protection and conservation of contiguous mangrove areas 6/.
5/ Regulation No. 12771, as amended by Regulation No. 14425, Art. 24.6/ Ibid.
Further, the Ecuadorian authorities determine the width of the marginal strip along channels and natural watercourses with the view to facilitating navigation, transit and other services. Where dams and similar impounding structures are concerned it is prohibited to: (a) build dwellings or livestock folds or stables, or drive herds or flocks on the banks of dams or similar structures given over to the drinking water supply for population centres. (Existing facilities of this type must be withdrawn to a minimum distance of 500 metres from the high water line) 1/; (b) discharge any waste matter likely to affect the composition of the water or contaminate it 2/; (c) apply fertilizers or pesticides within a basin and within a distance of five kilometres from the edge of the impounding structures.
1/ Order No. 81 of 6 March 1978 issued by the Minister of Agriculture, Art.l.2/ Ibid., Art. 2.
Another country which refers to pesticides in a fishing "milieu", but in a different way, is Zambia where "the use of any pesticides as a means of curing, preserving, processing or storing fish in any commercial fishing area is prohibited" 3/.
3/ The Fisheries Regulations, 1986, Sect. 8.
These are examples of some of the various existing environmental laws and others which relate to aquaculture activities. Some questions arise: are these measures discouraging the establishment of aquaculture operations for any person interested therein? Can these measures lead to possible trade competition among aquaculture products from different countries?
These pollution control approaches are part of a comprehensive effort to use and manage resources properly. Pollution discharges can result in a body of water being useless for aquaculture purposes, in a way analogous to over-fishing of a certain area. It is obvious that the further development of aquaculture in any country should be governed essentially by the available resources and the limits of environmental tolerance, in the local context. In the future fish farmers will have to cope with and face other measures taken in view of environmental policies.
As already known, fish diseases can lead to dramatic consequences in a country as regards its fish production and consumption, its foreign exchange earnings through the export of high-value products, etc. And the situation can be even worse for fish farmers. As regards the legislation on the subject, a difference exists between less developed countries and developing countries.
In developing countries, either the competent Minister is empowered to make regulations for this purpose 4/ and/or control of fish disease is linked to rules dealing with fish import or export 5/, or there is no specific reference at all. However, in most of the latter cases, it is quite common to find an "Animal Health (Protection) Act" but it is not always clear whether "fish" is included in the definition of "Animal" 6/.
4/ Malaysia:(a) The Minister in charge of Fisheries may make regulations specifically or generally for the proper conservation, development and management of maritime and estuarine fishing and fisheries in Malaysian waters for the purpose of controlling fish diseases. Act 317, Fisheries Act 1985, Sect. 61(ag).(b) Import into or export from Malaysia or transports from Vest Malaysia in the Federal Territory of Labuan or the State of Sabah or Sarawak, etc.... of live fish without a permit is prohibited. This permit might include such conditions as to avoid "the spread of communicable fish diseases". Act 317, Fisheries Act 1985, Sect. 40(e).
5/ Malawi: There exists the obligation of registration of fresh fish importers and exporters. The Minister is empowered within this framework to issue an Order providing for "the destruction of tainted or diseased fish without compensation". (The Fisheries Act No. 16, Sect. 28). Further on, probably with the scope to avoid and/or control fish disease (this is not stated in the law), "Any person who, without the prior written consent of the Minister (a) transfers fish of any species from any fish pond or water in Malawi to any other fish pond or water; or (b) stocks any fish pond or water with fish, shall be guilty of an offence". The same prohibition exists for diversion of stocked waters. (The Fisheries Act No. 16, Sections 31 and 34).
6/ Ecuador: Animal disease, as such, is regulated by the Animal Health Act, which does not include any specific provision regarding fish disease. The Health Code, in turn, delineates precautions to be taken in the matter of immunization, observation, capture, quarantine, disinfection, confiscation and slaughter of animals which are diseased or suspected of being so, and the destruction of carcasses. Health Code No. 188/71, Arts. 86 and 87.
It is interesting to note that in a country such as Malawi, where no particular reference to aquaculture operations seem to exist within any legislation (water, land, environment, etc.), the prohibition on fish transfer is most likely aimed at, inter alia, fish culture activities, in addition to general fish health. Opposed to this, there is Ecuador with particular legislation on (shrimp) culture activities but with very little reference to fish diseases.
Examples of preventive or remedial measures can be found in Norway, England, Canada, New Zealand, etc. In Norway, for instance, no licence to establish breeding activities shall be granted if the position of the site will cause risk of spread of disease in fish and shellfish 1/.
1/ Act of 14 June 1985, No. 68, relating to the breeding of fish, shellfish, etc.... The Act No. 2 of 6 December 1968, concerning measures to counteract diseases in freshwater fish (the Disease Act).
In order to exercise some degree of control over the spread of fish disease from one farm to another the competent Minister of Agriculture, Fisheries and Food (MAFF) in the United Kingdom is given extensive powers under the Diseases of Fish Acts, 1937 and 1983, to take measures to prevent the spread of disease. Provisions cover freshwater and marine fish. Provision is made for the registration of fish farms and the obligatory keeping of records of live fish and eggs transported both in and out of fish farms. Such records are designed to assist in tracing the whereabouts of suspect fish in the event of an outbreak of disease at their farm of origin.
In particular, where the Minister has reasonable grounds for suspecting that any inland or marine waters are, or may become, infected waters, he may by order designate the waters and such land adjacent to them as he considers appropriate in the circumstances as a "designated area" 1/. The effect of such an order is that the Minister may prohibit or regulate the taking into or out of the designated area of live fish, live eggs of fish and foodstuff for fish 2/. Along with this the Minister may serve a notice on the occupier of a fish farm situated in inland or marine waters directing him to take steps to secure the removal of dead or dying fish from the waters concerned, and may regulate the manner in which any fish removed from the waters are disposed of 3/. If an inspector appointed by the Minister has reasonable grounds for suspecting that any inland waters which are the waters of a fish farm are infected waters he may serve a notice on the occupier of the fish farm 4/. The effect of the notice is to place the fish farm in a state of quarantine by preventing any live fish or live eggs of fish being taken into or out of the farm or any foodstuff being taken out of the farm without the permission of the Minister for a period of thirty days from the service of the notice 5/. Moreover, a criminal offence is committed where a person intentionally takes any fish, eggs or foodstuff into or out of a fish farm under quarantine, unless he proves that he did not know that such transfers were prohibited 6/.
1/ Section 2(1) of the Diseases of Fish Act 1937 as amended by Section 2 of Diseases of Fish Act 1983.2/ Ibid., Sect. 2(2).
3/ Ibid., Sect. 2A(1), (2) and (4).
4/ Section 4(1) of the Diseases of Fish Act 1937 as amended by Section 3 of the Diseases of Fish Act 1983.
5/Ibid., Sect. 4(2).
6/ Ibid., Sect. 4(4).
Preventive action/measures may also be vested in the licensee. This is the case, among other countries, in New Zealand. The licensee, when he discovers, or first suspects any fish on the fish farm to be diseased, must advise the Director General for Fisheries or the authorized officer specified in the licence within 24 hours and keep the diseased fish (or suspected to be diseased) from coming into contact with other fish. No person may allow water in any pond containing any such diseased fish, except when the disease is known to be "saprolegnia", to be discharged into any natural waters 7/. On the other hand, the authorized officer where he believes "on reasonable grounds" 8/ that any fish on the fish farm is diseased, by notice can order the licensee to take measures for the prevention of the disease, for the treatment of the disease and the decontamination of any ponds and intake and outlet structures, or for destruction of any fish stock in case of emergency 9/.
7/ Fresh Fish Farming Regulations, 1983, No. 278, Sect. 26.8/ Fresh Fish Farming Regulations, 1983, No. 278, Sect. 27.
9/ Ibid., Sect. 27.
In addition to the above, the following preventive measures were also found:
- different treatment and destruction actions depending on the kind of disease concerned 1/;- vaccination of freshwater fish provided that the vaccine is approved by the Minister 2/;
- destruction of brood fish when genetic defects develop 3/;
- sterilization of animal feeding material 4/;
- prohibition to transfer diseased fish from any fish farm to any other fish farm or to release into any waters any diseased fish 5/; and
- the issuing of certificates indicating the presence of any harmful or harmless disease at the moment of importation 6/.
1/ New Zealand, Fresh Fish Farming Regulations, 1983, No. 278.2/ Norway, Rules governing the vaccination of freshwater fish,1 November 1976.
3/ New Zealand Freshwater Fish Farming Regulations No. 278/1983, Sect. 28.
4/ Ibid., Sect. 23.
5/ Ibid., Sect. 31.
6/ Canada Fish Health Protection Regulations, SOR/76-765.
All the measures referred to herein often cover all aquaculture activities in freshwater, brackish and salt water.
4.3.1 General rules to control animal health and disease
4.3.2 Specific rules concerning fish disease prevention
Regulations on the import of live animals and fish are most likely found in all countries. The scope of such regulations might either be the protection and control of animal health and prevention of animal disease generally (4.3.1), or the protection of aquaculture interests more specifically (4.3.2). In most countries, certain documentation is required prior to customs clearance at the border.
Regulations on import of live fish and introduction of exotic species, formulated in order to control animal health and prevent animal disease, are common to most countries. Such regulations do not only apply to aquatic species suitable for aquaculture purposes, but often cover the control of entrance into the country of live animals and plants, biological products, which are likely to carry any disease or disease agent. This seems among others the case of England and Wales.
"Endangered Species" (Import and Export) Act, 1976, of the U.K. 7/, provides for controls over the importation and exportation of certain animals and plants. The import and export of animals (dead or alive), plants and items listed in the three Schedules to the Act are prohibited, except under a licence 8/ issued by the Secretary of State 9/.
7/ Endangered Species (Import and Export) Act, 1976, Current Law Statutes, 1976, Ch. 72.8/ Endangered Species (Import and Export) Act, 1976, Current Law Statutes, 1976, Sect. 1.
9/ Fish concerned are: sturgeons, bonytongues, salmon, carp and suckers, toothcarp, coelacanths, Australian lungfish, catfish, perch and freshwater mussels.
All applications for licences are to be submitted by the Secretary of State to the appropriate scientific authority established or designated under the Act for its advice as to whether the licence should be issued 1/. The licence issued under the Act may be general or specific, may be modified or revoked at any time by the Secretary of State and shall not in any case be valid for more than 12 months 2/. The Act provides for the charging of fees, and the sanctioning of false or reckless application statements. In order to facilitate enforcement of the Act, the Secretary of State is empowered to make an order restricting the places at which live animals may be imported, where a licence has been given 3/. Where a licence has been given to import a live animal of an endangered species covered by the Act, the Secretary of State may, where he considers it desirable, give a direction restricting the movement of the animal and requiring it to be held at specified premises, whether for quarantine or for other purposes 4/.
1/ Ibid., Sect. 1(3).2/ Ibid., Sect. 1(4).
3/ Ibid., Sects. 1(7) and 5.
4/ Ibid., Sect. 6.
Malaysia 5/, Zambia 6/ and the Philippines 7/are other countries which might be included in this first category. According to their legislation no person shall import any live fish and/or introduce into any water of the country any non-indigenous fish without a written permit from the competent authorities. Any person contravening this provision or in breach of any condition in a permit shall be guilty of an offence. Terms and conditions of the permit often refer to the fish's state of cleanliness, to avoid the spread of fish disease, or to control the release into the environment of non-indigenous species of fish.
5/ Art. 317: Fisheries Act 1985 (An Act relating to fisheries, including the conservation, management and development of maritime and estuarine fishing and fisheries in Malaysian waters to turtles and riverine fishing and to matters connected therewith or incidental thereto).6/ Fisheries Act No. 21, Sect. 5, 1974. The Control of Goods (Import and Export) (Amendment) Order 1975; The Control of Goods (Import and Export)Regulations, 1970, Schedule.
7/ Presidential Decree No. 704 of 1975 revising and consolidating all laws and decrees affecting fishing and fisheries.
The second category of rules on import of live fish and exotic species, which is more oriented towards the protection of aquaculture interests and when the import is authorized mainly for aquaculture purposes, can be found in Venezuela 1/, Panama 2/, Mexico 3/, Colombia 4/, Spain 5/, Canada 6/ and France 7/. Legislation in this regard is often quite recent (e.g. Venezuela, Mexico, France) as opposed to others (Panama, Canada).
1/ Resolution MAC-391 of 20 November 1989 and MAC-251 of 18 May 1988.2/Fisheries Decree-Law No. 17 of 9 July 1959, Art. 36.
3/ Federal Fisheries Law, D.O. 26 December 1986; and the Federal FisheriesLaw Regulations, D.O. 7 January 1988, Regulations 33, 62, 63, 64 and 65.
4/ Decree of 1978.
5/ Law No. 23/1984 of 25 June 1984, Marine Cultures, (B.O.E. NOM-153 of27 June 1984), Arts. 20, 21 and 22.
6/ Fish Health Protection Regulations, SOR/76-765 of 19 November 1976.
7/ Decree of 30 March 1985 on the prohibition to import live fish, their eggs or fry.
Regulations usually require the following information to obtain a permit:
1. identity of applicant;
2. scientific name of species (quantity and development status);
3. purpose of import (aquaculture, scientific or ornamental purposes);
4. source, place of origin;
5. place of destination;
6. sanitary certificate from export country, especially for import of non-indigenous species 8/.8/ e.g., France, Spain, Mexico, Canada, Venezuela.
In most cases, the Certificate of Health must state that the fish or eggs are free of any infections, diseases or parasites or disease agents. In some countries, such as Mexico, Colombia and Spain, the applicant must provide, in addition to the above-mentioned items, a technical study on the socio-economic impact and a description of the possible impact such species could have on the environment.
Furthermore, in some countries there are regulations or facilities for the quarantine of fish at introduction: Venezuela and Mexico impose quarantine restrictions to ensure disease-free importations and to observe the young resulting from controlled reproduction. Once this period of observation has passed, in some countries like Colombia, there is a final evaluation according to which the final authorization is granted or not.
Some countries distinguish between import of native or non-native live fish (e.g. Prance, Canada, Spain). Others limit the import authorization to a certain species (e.g. Venezuela: "live shrimps"; Canada: cultured fish or eggs of wild fish of salmonid family) or to live fish in general. Import of the latter usually requires, in addition to the Health Certificate as referred to above, a special consent, for instance from the Ministry of Environment in France, or from the Spanish Oceanographic Institute in Spain. Import of such species is often strictly limited for the purpose of fish culture.
Thus, regulations for the import of live fish seek either to control animal health or, more particularly, to develop aquaculture. These rules are usually enforced either by the withdrawal of the import license or by payment of penalties. It would be interesting to know to what extent these rules contribute to the development of aquaculture.
