International and National environmental regulations and their application Patrick White and Nelly Isagi

Presentation summary International Polices Regional and National Policies and Regulations

Aquaculture is governed both locally and internationally by several policies and frameworks from which appropriate regulations are derived. Internationally: 1.Millenium Development Goals: that currently most countries have signed and use these as the guiding development principles. 2.International Regulations: 3.Convention on Biodiversity 4.Agenda 21 5.Aarhus Convention 6.ICES Code of Practice 7.FAO Code of Conduct for Responsible Fisheries International Policies

Millenium Development Goals All 189 United Nations member states and about 23 international organisations have agreed to achieve these goals by 2015: Eradicating extreme poverty and hunger, Achieving universal primary education, Promoting gender equality and empowering women, Reducing child mortality rates, Improving maternal health, Combating HIV/AIDS, malaria and other diseases, Ensuring environmental sustainability, and Developing a global partnership for development.

The Convention on Biodiversity It says that Governments Have the right to exploit their own resources pursuing their own environmental policies, Have the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.

Convention of Biological Diversity This convention sets out commitments for maintaining the world's ecological resources as we go about the business of economic development. The Convention establishes three main goals: the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of the benefits from the use of genetic resources. This convention requires measures necessary to protect and preserve rare or fragile ecosystems including the habitat of depleted, threatened or endangered species.

Convention on Biological Diversity The Convention on Biological Diversity (CBD, 1992), UNCLOS (1982) deals mainly with the protection of the marine environment and the prevention of pollution. However it does not refer specifically to marine aquaculture. It requires that: There is identification and monitoring of activities that have an impact on the environment. That adequate environmental impact assessments are carried out for any new development, followed by specific monitoring programmes.

Agenda 21 Under Agenda 21, Coastal states are requested to conduct analysis of the potential of aquaculture and to implement mechanisms to develop mariculture and aquaculture within areas under national jurisdiction where assessments show that marine living resources are potentially available. It also requires developed countries to ensure that states should provide for the transfer of environmentally sound aquaculture and mariculture technologies.

Agenda 21 Agenda 21 is a comprehensive plan of action to be taken globally, nationally and locally by organizations of the United Nations System, Governments, and major groups in every area in which human impacts on the environment. Agenda 21 and its implementation requires capacity building, developing technologies and policies and strengthening the framework for sustainable development. The 1995 Code of Conduct for Responsible Fisheries recognizes explicitly the importance of enhancing human and institutional capacity and urges action to be taken to this end.

Aarhus convention This Convention ensures access to information, public participation in decision-making and access to justice in environmental matters. In order to contribute to the protection of the right of every person of present and future generations to live in an environment adequate to his or her health and well-being, the rights of access to information, public participation in decision- making, and access to justice should be guaranteed.

ICES code of practice The Code of Practice on the Introduction and Transfer of Marine Organisms developed by the International Council for the Exploration of the Seas (ICES) It is a model for individual nations to address problems resulting from an introduction of an exotic and its adverse effects. It provides a procedure for assessing the risks of intentional introductions on fisheries, including a requirement for research activities in advance of an introduction based on the assumption that fish will escape.

ICES code of practice Before the introduction of an exotic species research should include : a desk assessment of the biology and ecology of the intended introduction; detailed analysis of potential environmental impacts (hazard assessment); and examination of the species within its home range. A report based on this research, including detailed analysis of potential impacts on the aquatic ecosystem (ecological, genetic, disease), should be submitted to ICES for approval.

Code of Conduct on Responsible Fisheries The CCRF was adopted by the FAO Conference in 1995 (FAO, 1995) identifies a number of key issues. The principles and international standards of behaviour for responsible practices, To ensure effective conservation, management and development of living aquatic resources To recognise the nutritional, economic, social, environmental and cultural importance of fisheries and aquaculture, and the interests of all those involved in these sectors.

Codes of Practice The technical methods, management systems and practices needed for minimizing impacts are being increasingly incorporated into more formal “Codes of Practice”. Several aquaculture organizations have taken the FAO Code of Conduct a step further and formulated Codes of Practice (COP). These COP contain principles for preventing or mitigating negative environmental and social impacts through the use of “better management practices” (BMP) and Good Aquaculture Practice (GAP).

The Code’s Article on Aquaculture Development Article 9 contains provisions relating to aquaculture, including culture-based fisheries. The Code recognizes the importance of activities that support the development of aquaculture at different levels: the producer level; the local area, i.e., the farm and its integration into local area management and rural development schemes; the national institutional and policy environment; and international and trans-boundary issues.

Codes of Practice They are currently a number of documented guidelines available to farmers but much needs to be done towards their implementation, such as the development of operational manuals and support programs. Furthermore, the extent to which COP will be fully adopted by farmers under self-regulation and the environmental consequences of their adoption remain to be determined. Implementation is a very important issue for the new millennium, particularly for small-scale farmers.

FAO Aquaculture Guidelines According to FAO’s technical guidelines, aquaculture development and support planning should: cover all relevant aspects of support and management of the industry; consider existing plans and efforts aimed at food security, sustainable agriculture and rural development; be a collaborative effort among those concerned.

FAO Aquaculture Guidelines For appropriate and responsible use of land and water resources, approved locations must meet certain criteria e.g., suitable for sustainable production and income generation; economically and socially appropriate; prevent or minimize conflict with other users; avoid undue externalities; respect nature reserves, protected areas, and critical or especially sensitive habitats.

FAO Aquaculture Guidelines Relevant zoning or site regulations should conform with requirements of plans for regional development, river basin or coastal management, and their respective authorities. To achieve appropriate, sustainable development in the public interest, there is the need to build institutional capacity strengthen linkages to agriculture, rural development, irrigation, engineering, and water development.

Planning sustainable aquaculture Sustainable aquaculture starts at the planning stage. These include the zoning of aquaculture to reduce conflicts with other users of the aquatic resource estimation of the safe carrying capacity for aquaculture in the area undertaking an Environmental Impact Assessment

Managing sustainable aquaculture Sustainable aquaculture needs management and control. Management and control can be forced by regulators requiring regular environmental surveys, be voluntary in the form of Codes of Best Practice by certification schemes which provide either a higher price or more stable market demand. Sustainable aquaculture management also benefits from a holistic approach in the form of ecosystem based management and co-management of production.

Monitoring sustainable aquaculture Strong monitoring and control of aquaculture is required to ensure that it remains sustainable. In many countries this is strictly enforced by Government regulators. Undertaking regular monitoring surveys ensures that impacts are within the limits described in the Environmental Impact Assessment, Impacts are within any Government water quality standards whether the impact is stable or getting worse.

Aquaculture Legislation and Regulations The objectives of Aquaculture Legislation and Regulations are to promote the long-term growth of the aquaculture industry within the frameworks of sustainable development and responsible aquaculture. Strong and fair regulations permit the growth of a healthy aquaculture industry capable of competing in the global market while at the same time protecting the industry from threats such as disease, chemical contamination, over-capacity and environmental harm. The Licensing and Control Regulations should not creating undue burdens on the investor.

Regional Policies and Regulations These are guided by the international regulations and are adapted to suit local regional conditions and developmental goals. Most are frameworks that enable regions and states operate national and international guidelines/regulations. Africa, under NEPAD – Comprehensive Africa Agricultural Development Program (CAADP) Pillar 1: Land and Water Management Pillar 2: Market Access Pillar 3: Food Supply and Hunger Pillar 4 Agricultural Research

National Policy, strategy and action plan An aquaculture policy consists of a broad vision for the sector, reflecting priorities and development goals at various levels including provincial, national, regional and international. A strategy represents a roadmap for the implementation of a policy and contains specific objectives, targets and instruments to address issues which might stimulate or impede the comparative advantage of the sector and obstruct its development. An action plan represents a roadmap for the implementation of a strategy, that is, to achieve its objectives and implement strategy instruments. It is time-bound, contains specific programmes and activities, and details the resources required to achieve them.

National Aquaculture Management There is the requirement for An overall legal and administrative framework for aquaculture Management approach based on the best scientific information available Strategies/action plan for industry development Specific consideration needs to be given to local community livelihood and the need to maintain access to fishing grounds. environmental monitoring, enforcement and risk reduction (i.e., minimize adverse ecological and related socio-economic changes).

National Aquaculture Management National Jurisdiction (CCRF Art. 9.1) Legal/administrative framework Development/management basis: advance evaluation, best scientific info available Strategies and plans Local community livelihood; access to fishing Procedures specific to aquaculture Environmental assessment & monitoring Minimize adverse ecological & related socio-economic changes

Self regulation Certification. Certification is a procedure made by an official certification body to recognize that a product, process or service conforms to specified standards or regulations and provides assurance that the product, the process or the service has passed certain standards Better Management Practices. BMPs are voluntary measures that encourage farmers follow better practices at the farm level and larger scale to improve productivity, reduce impact and conflicts.

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