Offshore Aquaculture Legal

While offshore aquaculture plays an important role in maintaining global food security and can bring economic benefits, it is also associated with various environmental impacts. Aquaculture facilities release a number of pollutants that can affect the environment, including: The Law of the Sea Regime (LOS), which helps resolve disputes over the extent of coastal states claiming sovereignty over ocean waters. The Convention divided the oceans into several sovereign zones, which are subject to different legal systems – the territorial sea, the exclusive economic zone (EEZ), the continental shelf and the high seas. For the purposes of this article, I will focus on the exclusive economic zone (EEZ), as this is the area where marine aquaculture will take place in the future. The concept that the ocean is “for everyone” (Hugo Grotius) has been the legal framework for marine resource management since the 1600s. This lack of governance of the marine environment continues to influence current legal developments and the implementation of effective ocean governance. In addition, article 192 obliges coastal States to protect and preserve the marine environment. Countries wishing to develop offshore aquaculture must be aware of pollution requirements as they must take the necessary measures to prevent, reduce and control pollution. States must also ensure that their activities do not cause pollution that harms the environment of other States, as pollution knows national borders. Articles 207 to 213 provide a list of requirements for States to enact laws and regulations relating to marine pollution.

NOAA`s regulatory activities regarding the approval of marine aquaculture are conducted under a number of federal laws dealing with marine governance. The concept that the ocean is “for everyone? (Hugo Grotius) has been the legal framework for the management of marine resources since the 1600s. This lack of governance of the marine environment continues to influence current legal developments and the implementation of effective ocean governance. Unfortunately, marine aquaculture operates in a very congested marine environment with many conflicts with its neighbors? including:? The lanes must be barrier-free? Conflicts between traditional fishing and fish farms for space? Recreational fishing near coastal areas? Tourism? View of cages and structures from hotel windows? Marine aquaculture is affected by two main international legal systems: Law of the Sea: The Law of the Sea aims to establish a legal order for the peaceful uses of the seas and oceans with equitable use of their resources, as well as the conservation of living resources and the protection and conservation of the marine environment. The objective of the Convention was to enable exploitation, but also to create a framework for protection. International environmental law: The law of the sea does not include nature conservation issues, hence the introduction of international conventions on environmental issues. It is interesting to note that aquaculture was not described in the Convention, as the subject was not recognized as being of international importance! The Law of the Sea Regime (LOS), which helps resolve disputes over the expansion of coastal states to claim sovereignty over ocean waters. The Convention divided the oceans into several jurisdictional areas, which are subject to different legal regulations? the territorial sea, the exclusive economic zone (EEZ), the continental shelf and the high seas. For the purposes of this article, they will focus on the exclusive economic zone (EEZ), as this is the area where marine aquaculture will take place in the future. There are a growing number of international environmental regimes and conventions that can influence the development of high seas aquaculture. However, there is currently no United Nations legal instrument dealing with aquaculture.

Aquaculture is an activity that has remarkable potential for humans. Let us not miss this opportunity to create a legal framework for development. The Law of the Sea aims to establish a legal order for the peaceful uses of the seas and oceans with equitable use of their resources, as well as for the conservation of living resources and the protection and conservation of the marine environment. The objective of the Convention was to enable exploitation, but also to create a framework for protection. Aquaculture is becoming an increasingly important part of the world`s diet. Global capture fisheries are fully or almost fully exploited, so a future increase in demand for seafood will require an increase in aquaculture production. More information on marine aquaculture regulations: ELI is working with partners at Harvard Law School`s Emmett Environmental Law and Policy Clinic and the Ocean Foundation to clarify and improve how aquaculture is managed in U.S. marine waters.

Various acts and programs apply to offshore aquaculture, including, but not limited to, the Clean Water Act, the Magnuson-Stevens Fisheries Conservation and Management Act, the Disposal at Sea Act, the Rivers and Ports Act, the Endangered Species Act, the Marine Mammal Protection Act and the Migratory Birds Treaty Act. Congress considered creating a comprehensive regulatory system for the management of offshore aquaculture to clarify and simplify the governance of offshore aquaculture. So far, however, consensus has proved difficult. As a result, government agencies, producers and other stakeholders must navigate a complex regulatory landscape. Marine aquaculture in the United States operates in one of the most comprehensive regulatory environments in the world. For operations in federal waters, existing regulations govern a variety of environmental concerns, including disease management, water diversion, equipment installation, seafood safety, use of drugs, food ingredients, compliance with state laws, and the protection of marine mammals, fish habitat, and threatened and endangered species. Laws that apply to aquaculture projects in which NOAA plays a role include: Marine aquaculture is affected by two main international legal systems: The question is whether aquaculture falls under Articles 60 and 56 of the LOT. Although there is no United Nations legal instrument for aquaculture, there are a growing number of international environmental regimes and conventions, including the Rio Convention, the FAO Code of Control for the Regulation of All Living Aquatic Resources and regional and maritime organizations.

Production has increased significantly to meet this demand, but little of this growth is occurring in the United States. The U.S. government and the aquaculture industry are trying to stimulate national growth, including by promoting a new industrial sector in offshore waters under federal jurisdiction. Under these laws, NOAA is responsible for reviewing, preventing, and/or mitigating potential adverse environmental impacts of planned and existing marine aquaculture facilities through the development of fisheries management plans, protected area management plans, licensing measures, appropriate site selection, and consultations with other federal regulatory agencies. state and local. Unfortunately, marine aquaculture operates in a densely populated marine environment with many conflicts from its neighbors, including: The Law of the Sea also deals with environmental aspects that are also relevant to the development of marine aquaculture (Part XII of the Convention) Article 118 may be interpreted as requiring States to ensure that their agricultural practices do not endanger wild stocks or interfere with conservation. Don`t fly in the water! If you have a legal problem or question, choose the law firm with “the Fish Lawyer”. Hiring an expert will save your business time and money.

Aquarius Lawyers is the law firm dedicated to assisting companies operating in the marine environment with all their legal questions.