Marine Aquaculture: Impacts and International Regulation

• Author: Jana Roderburg
• Position: The author studied law in Germany and New Zealand, LLM. (Auckland). She is now working at an international corporate law firm GSK Stockmann + Kollegen in Germany. This paper was highly commended by the judging panel of the Morella Calder Prize 2010
• Pages: 161-179

(2011) 25 A&NZ Mar LJ

MARINE AQUACULTURE: IMPACTS AND INTERNATIONAL REGULATION

Jana Ro de rb urg ∗

1. Introduction

In the last four decad es, the aquaculture industr y has undergone such a vast global expansion that it is ofte n

referred to as the ‘blue revolution’. Stagnation in harvests from wild fisheries and overexplo itation of certain

species as well as steady improvements in fish processing and trade have brought an enormous vivacity to this

sector. Recent figures show that by now, aquaculture supplies half of the fish consumed by the human population

worldwide. 1 It has become such an important source of food for humans that it could soon replace wild fisheries

as the main source o f fish for human consumpt ion, just as agriculture o nce substituted hunting a s the source of

most of the meat humans eat. 2

The production of aquatic species is likely to continue to grow in response to the increasing demand for fish and

seafood. The rise in the need for fish and fish products i s not merely a phenomenon of western countries, but

with the improvement of living standards in developing countries, a higher demand for additional sources of

protein, particularly fish, seems to go along. 3 Aquaculture is particularly attractive to accommodate that demand

because it provides the ability to manage the complete manufacturing process from the raw material to the end

product.4

The expansion of marine aquaculture has been widely appreciated by economists, governments and scientists.

However, the amount a nd velocity of the growing pr oduction has generated issue s over the impacts of the

aquaculture industr y.

This paper will explore the positive and negative impacts of marine aquaculture, focussing on the ecological

effects. Subsequently, it will give a review of the key elements of the current international regulatory framework

dealing with marine aquaculture. The paper concludes that, since the effects of marine aquaculture are

transboundary, it is a truly a global subject that requires disc ussion on a supranational level.

2. Wha t is aquaculture ?

The word ‘aquaculture’ has as recently as the middle of the 20th century, been used to describe the art, science

and business of producing aquatic plants and animals.5 It can be seen as a type of agriculture, the difference

being that the farming d oes not take place on land but in water. Aquaculture facilities are commonly referred to

as fish farms, 6 meaning a place where aquatic plants and animals are grown commercially in ponds, pens, tanks,

or other containers.7

Aquaculture is also kno wn as ‘fish farming’ or ‘maric ulture’, the latter referring to marine

fish farming.

Many types of aquatic animals commonly referred to as ‘fish’ ar e not similarly biologically classified. That

applies for example to shellfish, crayfis h and jellyfish. In aquaculture, the tr ue fish are often denoted as finfish to

distinguish them from these o ther organisms.

The Food and Agriculture Organization of the United Natio ns (FAO) defines aquaculture as:

the farming of aquatic organisms: fish, mollu scs, crustaceans, aquatic plants, crocodiles, alligators, turtles, and

amphibians. Farming implies some form of intervention in the rearing process to enhance production, such as

regular stocking, feeding, protection from predators, etc. Farming also implies individual or corporate ownership of

the stock being cultivated.8

∗ The author studied law in Germany and New Zealand, LLM. (Auckland). She is now working at an international corporate law firm GSK

Stockmann + Kollegen in Germany. This paper was highly commended by the judging panel of the Morella Calder Prize 2010.

1 Food and Agriculture Organization of the United Nations (FAO), The State of World Fisheries and Aquaculture 2008 (2009)

<http://www.fao.org/docrep/011/i 0250e/i0250e00.htm> (accessed 1 April 2010).

2 C Duarte, N Marbá and M Holmer, ‘Rapid Domestication of Marine Species’ (2007) 316 Science 382, 383.

3 A Powers, ‘Farming the Ocean’ (2007) 22 Natural Resources & Environment 45, 45.

4 H Glenn and H White, ‘Legal Traditions, Environmental Awareness, and a Modern Industry: Comparative Legal Analysis and Marine

Aquaculture’ (2007) 38(1) Ocean Development and International Law 71, 72.

5 R O Parker, Aquaculture Science (Delmar, 2nd ed, 2000) 3.

6 In this paper, the words ‘aquaculture’ and ‘fish farming’ are used as synonyms.

7 C Park, A Dic tionary of Environment and Conservation (Oxford University Press, 2007).

8 FAO, CWP Handbook of Fishery Statistical Standards <http://www.fao.org/fishery/cwp/handbook/J/en> (accessed 1 April 2010).

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Marine Aq uac ulture : Imp ac ts and Inte rna tio nal Reg ulation

(2011) 25 A&NZ Mar LJ

Thus, the term aquaculture covers a wide range of activities. Marine ranching and stock enhanceme nt are

considered to be forms of aquaculture as well. Ranching differs from other forms of aquacult ure in that a

population of a fish species (eg salmon) is held in captivity for the first stage of their lives, then released, and

later harvested or caught as adults.9

Present day aquacult ure is a highly diverse acti vity in terms of the modaliti es, species grown and inte nsity of

operations.10

2.1. Loc ation of aquaculture operations

Aquaculture is a truly global production industry, with nearly 180 countries reporting some level of aquaculture

activity.11 However, the worldwide expansion of aquaculture has not been homogeneous across all countries.12

With some countries contributing a large proportion of global fish production, others ar e still in the process of

developing their ind ustry or just producing small amounts for local markets.

Aquaculture operations can be distinguished according to the different environments in which they take place.

Various species, for example carp or trout, are raised in freshwater, such as lakes, rivers or reservoirs.

Cultivation of aquatic creatures also occurs in brackish water such as in coves, bays, lago ons or fjords, in which

the salinity may lie or generally fluctuate between 0.5 percent and full str ength seawater. In maricul ture, the end

product takes place in seawater, like fjords, inshore and open waters and inland seas in which the salinit y

generally exceeds 20 percent. At present, most aq uaculture production of fis h, crustaceans and molluscs take s

place in inland waters (61 percent by quantity and 53 percent by value).13

Aquaculture is practiced in coastal areas, mangroves, wetlands, natural and artificial ponds, and in artificial

structures that re-circulate water. Currently, most marine fish farming is done in coastal areas.

2.2. Products

Aquaculture operations include the production of more than 240 species, from 94 families (this includes 146

fish, 53 molluscs, 30 crustaceans, and 9 plant species) in a wide range of production systems such as ponds,

tanks, raceways, and cages.14 Generally, shrimp and salmon are the main farmed fish. Other species of

international economic value are crab, tilapia, mol luscs, sea bass and sea bream.15 I n marine operations, the

production often consists of high-value finfish a nd shrimp. However, production in this environment also

involves a large amount of relatively low-priced mussels and oysters. The spectacular growth of salmon farmi ng

during the last few decades and the resulting drop of salmon prices 16 have motivated fish farmers to launch

farming of other marine finfish species, including Atlantic cod, Atlantic halib ut, Pacific threadfin, mutton

snapper and bluefin tuna. 17

Aquaculture products are mainly used for human consumption, but also for fish and pet food, fish oil, stocking

wild populations, ornamentals (for aquariums), and bait.

2.3. Production methods

Aquaculture facilities can range from small-scale backyard ponds and hatcheries, to large high technology

industrial operations employing thousands of people and producing several thousand tonnes of aquatic organisms

per year.

9 Department of Environmental Affairs and Tourism (South Africa), Draft Guidelines for Marine Ranching in South Africa (2006)

<http://www.mcm-deat.gov.za/mariculture/Ranching%20Draft%20guidelines%20Dec%202006.pdf> (accessed 1 April 2010).

10 The Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection (GESAMP), Assessment and Communication of

Environmental Risks in Coastal Aquacultu re (2008) FAO, 3 <http://www.fao.org/docrep/010/i0035e/i0035e00. htm> (accessed 22 April

2011).

11 F Asche, K Roll and S Tveterås, ‘Future Trends in Aquaculture: Productivity Growth and Increased Production’, in M Holmer et al (eds),

Aquaculture in the Ecosystem (Springer, 2008) 275.

12 Glenn and White, above n 4, 7 1.

13 FAO, above n 1, 17.

14 K Grigorakis, ‘Ethical Issues in Aquaculture Production’ (2010) 23 Journal of Agricultural and Environmental Ethics 345, 346.

15 L McDorman and T Ström, ‘Aquacultur e and the Multilateral Trade Regime’ in D VanderZwaag and G Chao (eds), Aquaculture Law and

Policy: Towards Principled Access and Operations (Routled ge, 2006) 355.

16 From the mid 1980s to 2004 the price for Atlantic Salmon fell 75 percent: Asche, Roll and Tveterås, above n 11, 277.

17 R Goldburg and R Naylor, ‘Future Seascapes, Fishing, and Fish Farming’ (2005) 3(1) Frontiers in Ecology and the Environment 21, 21.

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