5.4. Authorization arrangements

The aquaculture leasing, licencing or permitting system is normally established through legislation or aquaculture-specific regulations. Implementation of these legislative or regulatory instruments and any protocols that define the procedures to be followed leads to the issuance of authorization to conduct aquaculture, usually containing specific terms and conditions that bind the lease, licence or permit holder.

The leasing, licencing or permitting system provides the authorities with the means to verify the legality of an aquaculture operation at a proposed site, and can be used as a basis for controlling and monitoring the potential environmental and social impacts of the operation. These authorizations/licences/permits typically outline what the holder is permitted to do by establishing the permitted physical dimensions of the site, the species that can be grown, acceptable operating conditions in relation to production and nutrient load limits, and the period over which permission to operate is valid.
A proper leasing, licencing or permitting system provides a legally secure right to conduct aquaculture operations in a specific location for a specified period of time. It provides exclusivity and ownership over the farmed organisms to the holder of the authorization, and protects investors from interference and from political vagaries in order to provide investor confidence. The authorization also allows the holder of such authorization to enforce the right accorded under the authorization against third parties, if the right is frustrated or denied or cancelled without good or legal reason for such cancellation.

Regulations governing the issuance of leases, licences and permits should consider the different stages of aquaculture development in a particular locale:
• New site—a proposal for a new previously undeveloped site for aquaculture. Most countries have specific rules for the location of a new farm to avoid locating it near habitats of special interest (recreation, wildlife, fishing zones) or near industries and sewage outfall. In many cases, site selection decisions are made in response to singular applications.
• Change of use—proposals that involve a change in the species that will be farmed on site, new or modified production practices, or requests to increase production. A new EIA and carrying capacity estimation could be needed to make an appropriate decision.
All leasing, licencing and permitting systems should include consideration of distances among aquaculture sites existing and planned, and between aquaculture and other, potentially conflicting, uses. Safe minimum site distance depends on many factors, including, but not necessarily limited to, wind direction and speed, water currents and direction, visibility of installations, wildlife corridors and nature reserves, and transportation routes.

 

5.4.1 Aquaculture licences or permits

Each separate company or legal entity operating within an aquaculture zone should be required to have an aquaculture licence or permit that defines:
• species to be cultured;
• maximum permitted annual production or peak biomass;
• culture method;
• site marking for navigation safety; and
• any special conditions such as regular environmental surveys and other monitoring.
There should be penalties or measures taken for contravening a condition of an aquaculture licence.
In addition, a licence should also contain a provision giving the licensor the right to cancel, suspend or not renew a licence where the holder fails to adhere to the required standards, or where new information means the site is no longer acceptable or sustainable.

5.4.2 Aquaculture leases

Each separate company or legal entity operating within the zone should be granted legal tenure by way of an aquaculture lease issued by the competent authority. The aquaculture lease would include terms and conditions that specify:
• the terms or duration of the lease and its renewal options;
• perimeter location (latitude and longitude);
• lease fees; and
• other specific criteria such as what happens if there is no operation of the site within a specified time, or penalties for non-payment of fees or abandonment.
For both licences and permits, there should be regular surveys to monitor social and environmental impacts to ensure that they remain within acceptable levels.
In cases where problems are occurring, flexibility in the licencing, permitting and/or lease terms should provide the farmer/owner with sufficient time to enable mitigation measures to be put in place and changes to be made before more drastic action is taken (such as removal of the licence).

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Tilapia cage culture in Beihai, China

When there are several farms in an enclosed or well contained waterbody, it is essential to develop and implement an area management plan to minimize risks of disease and environmental risks.
Tilapia is cultured in many types of production systems. This flexibility makes the fish attractive to farmers in many parts of the world for subsistence and commercial production. Tilapia is also a favourite for many consumers. Fish from this farm in China is destined for the American market, although consumption is increasing locally. This strong demand is supporting increased production around the world in ponds and cages, in fresh and brackish water. However, as the industry grows, the risks also grow. Farmers must do their part to reduce environmental and disease risks on each farm as part of a larger resource management system that will protect the quality of water resources and the livelihoods for producers. Standardizing production practices and coordinating disease risks through area management strategies are key aspects for ensuring sustainable growth of the industry.
Courtesy of Jack Morales