(Dahlke 2002). Especially provisions of the German Federal Nature Conservation
Act (Bundesnaturschutzgesetz - BNatSchG) are here determined, e.g. those about
protected species (Art. 44 ff. BNatSchG), protected habitats (Art. 30 ff. BNatSchG)
and Natura 2000 areas (Art. 31 ff. BNatSchG) (BNatSchG 2009).
An approval is a non-discretionary administrative act, i.e., it has to be granted
when there are no reasons for denying approval (Dahlke 2002). According to
Sect. 7 SeeAnlV the approval has to be denied when
• it is likely to impair the safety and efficiency of navigation or poses a threat to
the marine environment or
• the requirements of regional planning or overriding military or other public or
private predominant concerns are against the approval.
Before the approval has been granted the Federal Waterways and Shipping
Agency (former Waterways and Shipping Directorate) has to give a declaration of
agreement. It can only be denied if the facility impairs the safety and efficiency of
navigation and it is not possible to prevent or compensate the detrimental effects
through conditions or requirements, Sect. 8 SeeAnlV.
The term “marine environment” is explained in Sect. 5 subsection 6 no.
2 SeeAnlV. It refers to the definition of “pollution of the marine environment” in
Article 1 (1) no. 4 UNCLOS. The approval is to be denied when the pollution gives
rise to concern. Aquaculture projects in the EEZ can require environmental impact
assessment. The Environmental Impact Assessment Act, which implements the EIA
Directive, intends the examination only for intensive fish farming and not for other
candidates like mussels or seaweeds. Whether the assessment is mandatory or not
depends on the yearly fish amount: it is mandatory if this amount is larger than
2500 t. Otherwise, there is a general (500 t–2500 t) or site-related (250 t–500 t)
preliminary examination of the environmental compatibility to undertake.
Depending on the result, the assessment is to the end or the whole EIA has to be
done.
11.8.1.3 The Sites for Mariculture Facilities
Spatial Planning Ordinance for the German EEZ in the North Sea (also in the Baltic
Sea) regulates targets and principles of spatial planning. Marine aquaculture is
identified as a meaningful economic sector in the future. Negative impacts of the
mariculture on the marine environment shall be avoided. Facilities for mariculture
shall be established preferably in combination with existing installations, Sect. 3.6.1
(1) and (2) Spatial Plan North Sea. Spatial planning has an effect on the site for
mariculture facilities. In some areas, e.g. in shipping priority areas, measures and
projects which are not compatible with the character of this area are not permitted,
as stated in Sect. 3.1.1 (1) Marine Spatial Plan North Sea. In the reservation areas,
other uses are also allowed, but the main use is given special consideration. This
needs to be taken into account in a comparative evaluation assessment with other
11 The German Case Study: Pioneer Projects of Aquaculture …
341
Act (Bundesnaturschutzgesetz - BNatSchG) are here determined, e.g. those about
protected species (Art. 44 ff. BNatSchG), protected habitats (Art. 30 ff. BNatSchG)
and Natura 2000 areas (Art. 31 ff. BNatSchG) (BNatSchG 2009).
An approval is a non-discretionary administrative act, i.e., it has to be granted
when there are no reasons for denying approval (Dahlke 2002). According to
Sect. 7 SeeAnlV the approval has to be denied when
• it is likely to impair the safety and efficiency of navigation or poses a threat to
the marine environment or
• the requirements of regional planning or overriding military or other public or
private predominant concerns are against the approval.
Before the approval has been granted the Federal Waterways and Shipping
Agency (former Waterways and Shipping Directorate) has to give a declaration of
agreement. It can only be denied if the facility impairs the safety and efficiency of
navigation and it is not possible to prevent or compensate the detrimental effects
through conditions or requirements, Sect. 8 SeeAnlV.
The term “marine environment” is explained in Sect. 5 subsection 6 no.
2 SeeAnlV. It refers to the definition of “pollution of the marine environment” in
Article 1 (1) no. 4 UNCLOS. The approval is to be denied when the pollution gives
rise to concern. Aquaculture projects in the EEZ can require environmental impact
assessment. The Environmental Impact Assessment Act, which implements the EIA
Directive, intends the examination only for intensive fish farming and not for other
candidates like mussels or seaweeds. Whether the assessment is mandatory or not
depends on the yearly fish amount: it is mandatory if this amount is larger than
2500 t. Otherwise, there is a general (500 t–2500 t) or site-related (250 t–500 t)
preliminary examination of the environmental compatibility to undertake.
Depending on the result, the assessment is to the end or the whole EIA has to be
done.
11.8.1.3 The Sites for Mariculture Facilities
Spatial Planning Ordinance for the German EEZ in the North Sea (also in the Baltic
Sea) regulates targets and principles of spatial planning. Marine aquaculture is
identified as a meaningful economic sector in the future. Negative impacts of the
mariculture on the marine environment shall be avoided. Facilities for mariculture
shall be established preferably in combination with existing installations, Sect. 3.6.1
(1) and (2) Spatial Plan North Sea. Spatial planning has an effect on the site for
mariculture facilities. In some areas, e.g. in shipping priority areas, measures and
projects which are not compatible with the character of this area are not permitted,
as stated in Sect. 3.1.1 (1) Marine Spatial Plan North Sea. In the reservation areas,
other uses are also allowed, but the main use is given special consideration. This
needs to be taken into account in a comparative evaluation assessment with other
11 The German Case Study: Pioneer Projects of Aquaculture …
341