A wide variety of government policies may affect the development of offshore
aquaculture. However, required investment will not occur without policies which
give fish farmers the opportunity and the incentive to invest (Knapp 2013). Some of
the most important policies can be grouped broadly under two categories:
Regulatory and Leasing (Table 9.1). Under regulatory policies the most important
concerns for industry are: number and complexity of the regulations; predictability
of the process of obtaining permits; and costs of compliance. Under leasing policies
the most relevant concerns are: complexity and predictability of the leasing process;
how legally secure is the site in terms of use, exclusive use and property rights; and
the available length of lease and predictability/stability of the cost (rent/royalties)
(Percy et al. 2013).
Percy et al. (2013) provides a succinct discussion of the purposes of a
permit/license/lease system for marine aquaculture (Table 9.2). The overarching
principle is no person can carry on ocean farming without first obtaining a permit,
license or lease from the government, be it national, state or local. The requirement
confirms by law the government has the right to regulate aquaculture and prosecute
those that violate the imposed requirements.
In particular, the requirement enables the government to directly regulate the
operator of a facility to: enforce the accepted management concepts of aquaculture,
protect the environment, restrict the location and number of facilities, and obtain
public input on development (Table 9.2). These purposes should be kept in mind
when reviewing the Case Studies.
International law distinguishes generalized sea areas and jurisdictions that serve
as the framework for government’s declaring control, ownership and authority to
regulate off-the-coast and offshore ocean waters (Fig. 9.1). Moving out from the
shore, there exists the following categories (Lovetalli et al. 2013).
Table 9.1 Selected government policy issues affecting offshore aquaculture development
Category
Policy issues
Regulatory policies
∙ What regulations does government impose?
∙ How costly are the regulations?
∙ What is the process for developing regulations?
∙ How stable and predictable are the regulations?
∙ What are the objectives of the regulations?
∙ How cost efficient are the regulations?
Leasing policies
∙ Is there a process to lease offshore sites?
∙ How predictable is the process?
∙ How long does the process take?
∙ How legally secure are sites?
∙ How flexible are permitted uses?
∙ Can sites be transferred?
∙ What do sites cost?
Source adapted from Knapp 2013
9 Regulation and Permitting of Standalone …
193
aquaculture. However, required investment will not occur without policies which
give fish farmers the opportunity and the incentive to invest (Knapp 2013). Some of
the most important policies can be grouped broadly under two categories:
Regulatory and Leasing (Table 9.1). Under regulatory policies the most important
concerns for industry are: number and complexity of the regulations; predictability
of the process of obtaining permits; and costs of compliance. Under leasing policies
the most relevant concerns are: complexity and predictability of the leasing process;
how legally secure is the site in terms of use, exclusive use and property rights; and
the available length of lease and predictability/stability of the cost (rent/royalties)
(Percy et al. 2013).
Percy et al. (2013) provides a succinct discussion of the purposes of a
permit/license/lease system for marine aquaculture (Table 9.2). The overarching
principle is no person can carry on ocean farming without first obtaining a permit,
license or lease from the government, be it national, state or local. The requirement
confirms by law the government has the right to regulate aquaculture and prosecute
those that violate the imposed requirements.
In particular, the requirement enables the government to directly regulate the
operator of a facility to: enforce the accepted management concepts of aquaculture,
protect the environment, restrict the location and number of facilities, and obtain
public input on development (Table 9.2). These purposes should be kept in mind
when reviewing the Case Studies.
International law distinguishes generalized sea areas and jurisdictions that serve
as the framework for government’s declaring control, ownership and authority to
regulate off-the-coast and offshore ocean waters (Fig. 9.1). Moving out from the
shore, there exists the following categories (Lovetalli et al. 2013).
Table 9.1 Selected government policy issues affecting offshore aquaculture development
Category
Policy issues
Regulatory policies
∙ What regulations does government impose?
∙ How costly are the regulations?
∙ What is the process for developing regulations?
∙ How stable and predictable are the regulations?
∙ What are the objectives of the regulations?
∙ How cost efficient are the regulations?
Leasing policies
∙ Is there a process to lease offshore sites?
∙ How predictable is the process?
∙ How long does the process take?
∙ How legally secure are sites?
∙ How flexible are permitted uses?
∙ Can sites be transferred?
∙ What do sites cost?
Source adapted from Knapp 2013
9 Regulation and Permitting of Standalone …
193