11.8.1 Mariculture in the German Exclusive Economic
Zone
Mariculture in the Exclusive Economic Zone (EEZ) could be in the future an
interesting completion of fishery, not least because of overfishing of natural stocks.
Nevertheless, its legal questions are still not fully answered (for an overview of
legal frame of mariculture see Kersandt 2012 as well as in BLFRG 2012; ECR
2006, 2007, 2008; EC 2000, 2008, 2011; SAG 1965; VüAs 1997).
11.8.1.1 The System of Law in the EEZ
The EEZ cannot be considered as a part of the state territory. It is a sui generis zone
and the coastal state can only use it and regulate its use as outlined in the relevant
provisions of the United Nations Convention on the Law of the Sea (Dahm et al.
1989; Gündling 1983). This effects the first restriction for the German law-maker.
Furthermore, Germany as a member of the European Union, has to respect the
European law. Although the EEZ is no sovereign state territory, the EU is allowed
to issue the law: The EU has legislative authority in the area outside the members’
territory, where the international public law gives such authority to the state, e.g.
fisheries on the High Sea (Grabitz et al. 2010). Some directives and regulations
refer to aquaculture, e.g. regulation concerning use of alien and locally absent
species in aquaculture, directive on animal health requirements for aquaculture
animals, products thereof and on the prevention of diseases or regulation on conditions for market placing and the import of aquaculture animals. Some general
(i.e., not specific to aquaculture) rules are relevant to aquaculture, e.g. Marine
Strategy Framework Directive, Water Framework Directive or EIA Directive.
The legislative authority usually belongs to the Federal Republic of Germany
and not to the German States (Länder). It depends on the jurisdictional provisions
of Article 74 GG, e.g. the law relating to economic matters (no. 11), deep-sea and
coastal fishing (no. 17), and protection of nature and landscape management (no.
29) or management of water resources (no. 32).
11.8.1.2 The Approval Procedure
The basis for the approval procedure of aquaculture in the EEZ is Marine Facilities
Ordinance (SeeAnlV), which is based on Federal Maritime Responsibilities Act.
The agency deciding on the approval of mariculture in the EEZ is Federal Maritime
and Hydrographic Agency (Bundesamt für Seeschifffahrt und Hydrographie, BSH).
Aquaculture, as any other facility that is not purposed to produce or transmit
energy, needs an approval. For energy projects, a plan approval procedure is
mandatory. The approval, different than the plan approval, doesn’t have the
“concentration effect”: the applicant needs to get all necessary permits on his own
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B.H. Buck et al.
Zone
Mariculture in the Exclusive Economic Zone (EEZ) could be in the future an
interesting completion of fishery, not least because of overfishing of natural stocks.
Nevertheless, its legal questions are still not fully answered (for an overview of
legal frame of mariculture see Kersandt 2012 as well as in BLFRG 2012; ECR
2006, 2007, 2008; EC 2000, 2008, 2011; SAG 1965; VüAs 1997).
11.8.1.1 The System of Law in the EEZ
The EEZ cannot be considered as a part of the state territory. It is a sui generis zone
and the coastal state can only use it and regulate its use as outlined in the relevant
provisions of the United Nations Convention on the Law of the Sea (Dahm et al.
1989; Gündling 1983). This effects the first restriction for the German law-maker.
Furthermore, Germany as a member of the European Union, has to respect the
European law. Although the EEZ is no sovereign state territory, the EU is allowed
to issue the law: The EU has legislative authority in the area outside the members’
territory, where the international public law gives such authority to the state, e.g.
fisheries on the High Sea (Grabitz et al. 2010). Some directives and regulations
refer to aquaculture, e.g. regulation concerning use of alien and locally absent
species in aquaculture, directive on animal health requirements for aquaculture
animals, products thereof and on the prevention of diseases or regulation on conditions for market placing and the import of aquaculture animals. Some general
(i.e., not specific to aquaculture) rules are relevant to aquaculture, e.g. Marine
Strategy Framework Directive, Water Framework Directive or EIA Directive.
The legislative authority usually belongs to the Federal Republic of Germany
and not to the German States (Länder). It depends on the jurisdictional provisions
of Article 74 GG, e.g. the law relating to economic matters (no. 11), deep-sea and
coastal fishing (no. 17), and protection of nature and landscape management (no.
29) or management of water resources (no. 32).
11.8.1.2 The Approval Procedure
The basis for the approval procedure of aquaculture in the EEZ is Marine Facilities
Ordinance (SeeAnlV), which is based on Federal Maritime Responsibilities Act.
The agency deciding on the approval of mariculture in the EEZ is Federal Maritime
and Hydrographic Agency (Bundesamt für Seeschifffahrt und Hydrographie, BSH).
Aquaculture, as any other facility that is not purposed to produce or transmit
energy, needs an approval. For energy projects, a plan approval procedure is
mandatory. The approval, different than the plan approval, doesn’t have the
“concentration effect”: the applicant needs to get all necessary permits on his own
340
B.H. Buck et al.