Journal of Aquaculture Research & Development

Legal issues affecting offshore aquaculture development

International Conference on Aquaculture & Fisheries

July 20-22, 2015 Brisbane, Australia

Katherine Hawes

ScientificTracks Abstracts-Workshop: J Aquac Res Development

Abstract:

The concept that the ocean is ?there for all to take? (Hugo Grotius) has been the legal framework for the management of ocean resources since the 1600?s. This lack of governance of the ocean environment is continuing to influence present day legal developments and the implementation of an effective ocean policy. Unfortunately, marine aquaculture operates in a very crowded ocean environment with many conflicts from its neighbors? including: ? Navigation lanes have to be kept clear of obstructions ? Conflicts between traditional fishing and fish farms for space ? Recreational fishing when close to coastal areas ? Tourism ? views of cages and structures from hotel windows ? Marine aquaculture is affected by two main international regimes of law: The Law of the Sea: The Law of the sea aims to establish legal order for the peaceful use of the seas and oceans with the equitable use of their resources, along with the conservation of living resources and protection and preservation of the marine environment. The aim of the convention was to allow exploitation but also have a framework for protection. International environmental law: The law of the Sea did not include matters of conservation, hence the introduction of international conventions relating to environmental issues. Interestingly, Aquaculture was not outlined in the convention, as the topic was not recognized a being of international significance! The law of the Sea (LOS) regime assisting in settling disputes about the extent of coastal states to claim sovereignty over the ocean waters. The convention divided the oceans into several jurisdictional zones which are subject to different legal regimes ? the territorial sea, the exclusive economic zone (EEZ), the continental shelf and the high seas. For the purpose of this article, they will focus on the Exclusive Economic Zone (EEZ) as this is the area in which marine aquaculture will take place in the future. There are a growing number international environmental regimes and conventions that may affect the development of offshore aquaculture. However at present there is no UN legal instrument dealing with aquaculture. Aquaculture is an activity that has remarkable potential for human benefit. Let?s not let this opportunity to provide a legal framework to development get away.

Biography :

The concept that the ocean is ?there for all to take? (Hugo Grotius) has been the legal framework for the management of ocean resources since the 1600?s. This lack of governance of the ocean environment is continuing to influence present day legal developments and the implementation of an effective ocean policy. Unfortunately, marine aquaculture operates in a very crowded ocean environment with many conflicts from its neighbors? including: ? Navigation lanes have to be kept clear of obstructions ? Conflicts between traditional fishing and fish farms for space ? Recreational fishing when close to coastal areas ? Tourism ? views of cages and structures from hotel windows ? Marine aquaculture is affected by two main international regimes of law: The Law of the Sea: The Law of the sea aims to establish legal order for the peaceful use of the seas and oceans with the equitable use of their resources, along with the conservation of living resources and protection and preservation of the marine environment. The aim of the convention was to allow exploitation but also have a framework for protection. International environmental law: The law of the Sea did not include matters of conservation, hence the introduction of international conventions relating to environmental issues. Interestingly, Aquaculture was not outlined in the convention, as the topic was not recognized a being of international significance! The law of the Sea (LOS) regime assisting in settling disputes about the extent of coastal states to claim sovereignty over the ocean waters. The convention divided the oceans into several jurisdictional zones which are subject to different legal regimes ? the territorial sea, the exclusive economic zone (EEZ), the continental shelf and the high seas. For the purpose of this article, they will focus on the Exclusive Economic Zone (EEZ) as this is the area in which marine aquaculture will take place in the future. There are a growing number international environmental regimes and conventions that may affect the development of offshore aquaculture. However at present there is no UN legal instrument dealing with aquaculture. Aquaculture is an activity that has remarkable potential for human benefit. Let?s not let this opportunity to provide a legal framework to development get away.