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AQUACULTURE IN GREECE LEGISLATION AND SITE RESTRICTIONS

AQUACULTURE IN GREECE LEGISLATION AND SITE RESTRICTIONS. J. N. Argyrou General Manager, NAYS Ltd. NAYS LTD, 73 El. Venizelou (Thisseos) Av., 176 71, Athens, Greece E-mail: j.Argyrou@nays.gr. INTRODUCTION.

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AQUACULTURE IN GREECE LEGISLATION AND SITE RESTRICTIONS

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  1. AQUACULTURE IN GREECE LEGISLATION AND SITE RESTRICTIONS J. N. Argyrou General Manager, NAYS Ltd NAYS LTD, 73 El. Venizelou (Thisseos) Av., 176 71, Athens, Greece E-mail: j.Argyrou@nays.gr

  2. INTRODUCTION “Marine Coastal Aquaculture” (MCA) is one of the most outward sectors of the Greek economy, since more than 80% of total domestic production is exported. The above sector is directly linked to the principle of sustainable development, the rational management and use of natural resources.

  3. INTRODUCTION In this presentation we will discuss the restrictions, according to the Fisheries and Environmental legislation, on site selection and the environmental measures which must be taken for a marine coastal aquaculture project to be approved by the appropriate Greek authorities.

  4. INTRODUCTION The presentation consists of two parts: • the Fisheries Legislation • the Environmental Legislation Steps and requirements for the granting of a lease and the license for the operation of a farm

  5. National Legal Framework For Marine Coastal Aquaculture (MCA) In Greece, the aquaculture sector is supported by a legal framework which was shaped in the course of time, due to its rapid growth, but has been stable since 2014.

  6. National Legal Framework For MCA In order to become more competitive, aquaculture must have a flexible legal framework that promotes the coordination of the authorities involved, simplifies the licensing process based on spatial planning, food safety, health and welfare of farmed animals. In this way the integration of the activity in the context of rational management of national interests in the Coastal Zone is facilitated.

  7. National Legal Framework For MCA A flexible legal framework can create profitable,innovative businesses that can operate in a sustainable, environmentally friendly way.

  8. FISHERIES LEGISLATION The Greek Government requires practicing farmers and enterprises and potential farmers as well as enterprises to obtain prior approval from the competent authorities, in case they wish to undertake the implementation of new projects or the expansion and modernization of the existing ones.This licensing procedure has been in existence since the development of aquaculture in Greece and has been supplemented regularly up to 2014. In 2014, the Fisheries Law was voted.

  9. FISHERIES LEGISLATION The licensing authority that coordinates all the relevant powers of the competent authorities is the Directorate of Rural Affairs of each Decentralized Authority(ONE -STOP- SHOP) where the site of the farm belongs.

  10. FISHERIES LEGISLATION COMPETENT AUTHORITIES Within marine coastal aquaculture framework the selection of sites isstrictly regulated by a permit systemwhich is based on clearances issued by the various authorities. Those authorities cover a wide range of interests such as environmental protection, navigation, shipping, health protection, protection of antiquities, commercial fisheries, tourism, recreation, nature conservation and wildlife.

  11. FISHERIES LEGISLATION: LAW 4282/2014 The whole procedure for the granting of a lease as well as the establishment and operation of an aquaculture farm is regulated by Law 4282/2014 (GG 182 A/2014). The provisions of this Law define the institutional framework for the development of the aquaculture sector in the context of its sustainable operation.

  12. MCA Farm ProjectsRequirements for the leasing of sites The procedure which should be followed is: Actions •Selection of the species to be reared and type of farming method (fish, shellfish). •Selection of the appropriate site for the farm taking into consideration specific factors as analyzed below.

  13. Control of MCA SitesRecommendations for site selection (a) Avoidance of: • important fishing grounds • marine sites with Posidonia beds (Posidoniaoceanica) • scenic and wildlife areas, or following the necessary steps to ensure insignificant effects (eg NATURA sites, RAMSAR sites etc.) (b) Selection of: • inconspicuous sites away from scenic views, houses or adoption of special designs.

  14. Control of MCA SitesRecommendations for site selection Consideration of: • the local environmental conditions • water depth limits • marine currents • biological-physiochemical water parameters • existing touristic or archaeological sites • industrial units • mining activities • residential infrastructure • navigational routes (non-interference) • non-compatible land or water use - partners

  15. Control of MCA Sites Restrictions Specific factors affecting site selection and planningof the marine farm are: The leased area of a marine fish farm cannot be less than 10.000 m2. Minimum distance from: • neighboring operating farms has to be 500 m, • neighboring organic aquaculture farms has to be 300 m, • the moorings of a fish farm and a shellfish farm has to be 250 m. • the coastline has to be at least 50 M.

  16. Control of MCA SiteCriteria set by SSFA The Special Spatial Framework for Aquaculture (SSFA) , which was voted in 2011, further regulates matters of administrative actions and provides directions, criteria, compliance, rules and regulations of institutional, administrative and organizational nature. Site Restrictions

  17. Control of MCA Site Restrictions set by SSFA These restrictions are bi-directional Minimum distance from: • operating touristic units or facilities should be 1.000 M. • urban or residential developmentshould be 1.000 M, 500 M if there is visibility.

  18. Control of MCA Site Restrictions set by SSFA • non-compatible activities (mining installations, industrial plants etc.) should be at a distance 1.000 M. • major port facilities used to transport fuel, petroleum products and products which could cause marine pollution should be at a distance 1.000 M.

  19. Control of MCA Site Restrictions set by SSFA • Sites should have a distance of 500 M from marine recreational diving parks not associated with aquaculture activities, and touristic beaches or touristic facilities.

  20. Control of MCA Site Restrictions set by SSFA • airports on the coastline should be at a distance 2 nautical miles (3,7 km) from sites. In cases of POAY or individual marine farms establishment in the vicinity of airports on the coastline, the Aviation Authority is always consulted.

  21. MCAFarm Projects Steps / Requirements for leasing of sites Step 1: •To start the process, an application with a brief Technical Report for the lease of the selected marine site with the necessary supporting documents should be submitted. The result is the issuing of a Pre-approval of Lease by the Directorate of Rural Affairs of Decentralized Authority. Step 2: • Submission of an Environmental Impact Assessment Study (EIA), to the relevant Decentralized Authority. Details on the procedure will be given later on. The result is the issuing of a Decision on Approval of Environmental Terms.

  22. MCA Farm Projects Steps / Requirements for leasing of sites - Brief Technical report - Site map - Marine chart showing structure location and size-to-scale Documents of the application Step 1: Application to the Directorate of Rural Affairs of the Decentralized Authority (one -Stop –Shop) Positive consultation by Competent Authorities Pre-approval of Lease by the Directorate of Rural Affairs of the Decentralized Authority

  23. MCAFarm ProjectsSteps & Requirements for leasing of sites - Port authority – interservice consultation by Lighthouse Authority - Directorate of Port and Building Infrastructure of the Ministry of Shipping and Island Policy - Ephorate of underwater antiquities of the Ministry of Culture and Sport - Directorate of Fisheries of the Region - Directorate of Spatial Planning and Infrastructure of the Ministry of Tourism - Aquaculture and Product Development Division of the Ministry of Rural Development and Food Competent Authorities Consultation Step 1:

  24. MCAFarm ProjectsSteps & Requirements for leasing of sites - Environmental Impact Assessment and evaluation - Pre-approval of lease Documents of the application Directorate of Environmental and Spatial Planning of the Decentralized Authority OR the Directorate of Environmental Licensing of the Ministry of Environment and Energy Application to the Directorate of Rural Affairs of the Decentralized Authority Step 2: PositiveConsultation of the Competent Authorities mentioned in Step 1 Decision on Approval of Environmental Terms by the Directorate of Environmental and Spatial Planning of the Decentralized Authority OR the Directorate of Environmental Licensing of the Ministry of Environment and Energy

  25. MCA Farm ProjectsSteps & Requirements for leasing of sites Decision on Approval of Environmental Terms Pre-approval of Lease Veterinary License and code Granting of the lease and the permit for the establishment and operation of the farm

  26. MCA Farm ProjectsSteps & Requirements for leasing of sites RESULT The Decision for the site lease and the operation of the farm embodies the veterinary license. Finally the signature of the contract between the government and the enterprise follows. Sites created after the approval of site lease

  27. Important issues that have been resolved with the Law 4282/2014: • The Law has given the opportunity to farmers -under special circumstances- to sub-lease the marine area of the operating farm to another farmer. • Sites are now leased for a twenty year period.

  28. MCA Land Based Facilities The procedure for the granting of a permit for the establishment and operation of land based aquaculture facilities, is also regulated by Law 4282/2014 (GG 182 A/2014).

  29. MCA Land Based Facilities This procedure could be simultaneous with the licensing of the marine site for potential farmers. Otherwise, it can start later or after the site approval especially in the case of new comers.

  30. MCA Land Based Facilities For the final operating license, the farmer is required to have the following permits by the competent authorities. • Decision for the Approval of Environmental Terms • Coastal and beach area use permit • Building permit • Water use permit • Veterinary Permit

  31. MCA Land Based Facilities Directorate of Environmental and Spatial Planning of the Decentralized Authority OR the Directorate of Environmental Licensing of the Ministry of Environment and Energy Application to the Directorate of Rural Affairs of the Decentralized Authority Documents of the application The procedure which should be followed is: - Environmental Impact Assessment and Technical study, including waste management Study - Ownership certificate of the land or lease contract or coastal and beach area use permit -Topographic diagrams including coastal and beach boundary lines Note: depending on the facility of the activity, the environmental impact assessment and technical study takes a specific form Positive Competent Authorities Consultation Permit for the establishment and operation of land based facilities

  32. MCA Land Based Facilities • Packing plants: packaging facilities for marine farms • Hatcheries: facilities for the production of the fry

  33. MCA Associated Land Based Facilities • Port facilities: for the access to the farm • Outposts: for supervision of the facilities

  34. MCA Associated Land Based Facilities Port facilities: access to the fish packaging unit

  35. ENVIRONMENTAL LEGISLATION According to the Law 4014/2011 (GG 209/A/21-09-2011) regarding the Environmental licensing of projects and activities, an Environmental Impact Assessment (EIA) must also be submitted for installation and operation approval of an aquaculture project.

  36. ENVIRONMENTAL LEGISLATION The EIA serves as a management tool, ensuring that potential problems are foreseen and appropriate mitigatory measures are addressed and incorporated into the design and operation of the project.

  37. ENVIRONMENTAL LEGISLATIONThe format and content of the EIA The format and content of the EIA [Decision 170225/2014 (GG 135/B/2014)] in summary includes the following aspects: • (a) description of the physical characteristics of the project • (b) description of the production process (stocking density per developmental phase, annual harvest)

  38. ENVIRONMENTAL LEGISLATIONThe format and content of the EIA • (c) prediction of the potential environmental impact of the project • (d) examination of how the project would benefit or harm people, their homeland, livelihoods or other activities • (e) an estimation of the type and quantity of the expected residues and emissions, also including details on farm effluent characteristics

  39. ENVIRONMENTAL LEGISLATIONThe format and the contact of the EIA (f) Review ofthe available environmental data: • temperature and salinity profiles, • current measurements, • oxygen concentration, • pH, • concentration of nutrients, • description of phytoplankton, zooplankton and benthic communities (g) description of fisheries and aquaculture activities.

  40. ENVIRONMENTAL LEGISLATIONCarrying Capacity Model The ecosystem carrying capacity is estimated by a model which was adopted by the legislation in 2009. The carrying capacity model is the outcome of a study which had been conducted by the Universityof Crete and was accepted by the Ministry for Agriculture and Food.

  41. Environmental Conditions and Recommendations for Installation and Operation of Aquaculture Projects Installation - Management: The Approval of Environmental Terms for the establishment and operation of the farm includes terms and conditions regarding the installation, the operation and management of the farm. For example: -mooring system, lighting and marking of marine farm structures -placement of cage blocks -stocking density -sanitary measures -systematic monitoring of water quality etc.

  42. Installation and Operation of Aquaculture Projects: Marine farm and moorings

  43. Special casesWhat happens if… MCA farms within established Areas of Organized Development of Aquaculture Activities (P.O.A.Y.) are also licensed based on the above mentioned procedure with the following exceptions:

  44. Special casesWhat happens if… If the marine farm is not located within a NATURA 2000 site and the annual capacity does not exceed 500 tones, then step 1 is the same but step 2 is simpler: In this case the farm has to comply with the Standard Environmental Commitmentsprovided by the environmental legislation.

  45. All of the above information aim at the protection and conservation of the marine ecosystem in order for this scenery to still exist.

  46. THANK YOU FOR YOUR ATTENTION!

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