9.3.4.3 Legislatory Framework
The legislation covering suspended culture shellfish farming in England provides
for applications for farms in waters up to 12 nautical miles (nm) beyond the coast.
Historically, the few farms that have been established beyond the limits of estuarine
waters have been small and close enough to the coast to come under the jurisdiction
of Harbor Authorities (local authorities over close inshore waters that exist is some
locations). For waters beyond 12 nm, i.e. the EEZ, it is not clear what the legal
mechanism would be for granting permits or leases and so far the process has not
been tested in practice by the lodging of an application.
The case study describes the first application in English waters for what could be
considered a fully offshore farm located in open ocean conditions. The leases,
licenses and permits that were required for the establishment of this farm and the
agencies involved were as follows:
• Consent to deposit equipment on the seabed, Marine and Fisheries Agency.
• Lease of the seabed, The Crown Estate.
• Authorization as an Aquaculture Production Business, Fish Health Inspectorate.
• Shellfish Harvesting Areas Classification, Food Standards Agency.
9.3.4.4 Application Process
Informal Consultation
As this application was the first of its type and was novel in terms of both its scale
and location, the first stage of the application was to discuss the possibility of
establishing the farm with the owners of the seabed, which in this case was the
Crown Estate. The discussions established the likely terms and conditions of any
lease and a list of the various third parties that would potentially be interested
and/or affected by the establishment of the farm. The parties were then approached
and the proposed development of the farm was discussed on an informal basis. This
informal process took place over approximately one year.
Coast Protection Act 1949; Section 34
The deposit of the materials and equipment on the seabed to construct the farm
required government consent under Section 34 of the Coast Protection Act 1949,
which is principally concerned with hazards to navigation. This consent was
administered by the Marine and Fisheries Agency (MFA) which was an executive
agency of the UK government. (Note: In 2010 the MFA was replaced by the Marine
Management Organization (MMO) and the need for a CPA Section 34 consent was
replaced by a Marine License issued by MMO.)
9 Regulation and Permitting of Standalone …
217
The legislation covering suspended culture shellfish farming in England provides
for applications for farms in waters up to 12 nautical miles (nm) beyond the coast.
Historically, the few farms that have been established beyond the limits of estuarine
waters have been small and close enough to the coast to come under the jurisdiction
of Harbor Authorities (local authorities over close inshore waters that exist is some
locations). For waters beyond 12 nm, i.e. the EEZ, it is not clear what the legal
mechanism would be for granting permits or leases and so far the process has not
been tested in practice by the lodging of an application.
The case study describes the first application in English waters for what could be
considered a fully offshore farm located in open ocean conditions. The leases,
licenses and permits that were required for the establishment of this farm and the
agencies involved were as follows:
• Consent to deposit equipment on the seabed, Marine and Fisheries Agency.
• Lease of the seabed, The Crown Estate.
• Authorization as an Aquaculture Production Business, Fish Health Inspectorate.
• Shellfish Harvesting Areas Classification, Food Standards Agency.
9.3.4.4 Application Process
Informal Consultation
As this application was the first of its type and was novel in terms of both its scale
and location, the first stage of the application was to discuss the possibility of
establishing the farm with the owners of the seabed, which in this case was the
Crown Estate. The discussions established the likely terms and conditions of any
lease and a list of the various third parties that would potentially be interested
and/or affected by the establishment of the farm. The parties were then approached
and the proposed development of the farm was discussed on an informal basis. This
informal process took place over approximately one year.
Coast Protection Act 1949; Section 34
The deposit of the materials and equipment on the seabed to construct the farm
required government consent under Section 34 of the Coast Protection Act 1949,
which is principally concerned with hazards to navigation. This consent was
administered by the Marine and Fisheries Agency (MFA) which was an executive
agency of the UK government. (Note: In 2010 the MFA was replaced by the Marine
Management Organization (MMO) and the need for a CPA Section 34 consent was
replaced by a Marine License issued by MMO.)
9 Regulation and Permitting of Standalone …
217