Legal traditions, environmental awareness, and a modern industry: Comparative legal analysis and marine aquaculture

Ocean Development and International Law

Volumn 38, Issue 1-2, 2007, Pages 71-99

  Glenn, Helen ^a   White, Hannah ^a  

^a UNIVERSITY OF PORTSMOUTH   (United Kingdom)

Author keywords

Comparative law; Greece; Israel; Marine aquaculture; Pollution; Scotland; Slovenia; Waste

Indexed keywords

AQUACULTURE; ENVIRONMENTAL LEGISLATION; FISHERY PRODUCTION; INCOME; LEGAL SYSTEM; MARINE POLICY; POVERTY ALLEVIATION;

ASIA; EURASIA; EUROPE; GREECE; ISRAEL; MIDDLE EAST; SOUTHERN EUROPE;

EID: 33847251670     PISSN: 00908320     EISSN: 15210642     Source Type: Journal    
DOI: 10.1080/00908320601071389     Document Type: Article

References (136)

1. FAO, Fisheries Global Information System: Global Aquaculture Production 1950 to 2003 (Rome: United Nations Fisheries and Agriculture Organization, 2005), available on the FAOWeb site at www.fao.org.
2. T. A. Gill, Waste from Processing Aquatic Animals and Animal Products: Implications on Aquatic Animal Pathogen Transfer (Rome: United Nations Food and Agriculture Organization, 2000).
3. U. C. Barg, Guidelines for the Promotion of Environmental Management of Coastal Aquaculture Development, FAO Fisheries Technical Paper 328 (Rome: United Nations Food and Agriculture Organisation, 1992)
4. H. Reinertsen and H. Haaland (Eds.), Sustainable Fish Farming, Proceedings of the First International Symposium on Sustainable Fish Farming, Oslo, Norway, Aug. 28-31, 1994 (Rotterdam: Balkema, 1995)
5. T. V. R. Pillay, "The Challenges of Sustainable Aquaculture", World Aquaculture, 27 (1996): 7-9
6. J. E. Bardach (Ed.), Sustainable Aquaculture (New York: John Wiley, 1997)
7. and GESAMP, Planning and Management for Sustainable Coastal Aquaculture Development, GESAMP Reports and Studies no. 68 (Rome: United Nations Food and Agriculture Organization, 2001).
8. R. L. Welcomme and U. Barg, Aquaculture Development, FAO Technical Guidelines Responsible Fisheries no. 5 (Rome: United Nations Food and Agriculture Organization, Fisheries Department, 1997).
9. Many of these factors change over time. Even the past decade has seen distinct changes therein, with embracement of new technologies embraced and experimentation with new species. The structure of the industry has also evolved with larger (often multinational) companies starting to dominate an industry previously characterized by small to medium-sized enterprises with distinct local ties. Development decisions are driven by economics and, increasingly, by competition in global markets. Scottish Environment Protection Agency, "Policy on Regulation and Expansion of Caged Fish Farming of Salmon in Scotland," Policy no. 40 (Edinburgh: SEPA, Fish Farming Advisory Group, 2000).
10. R. S. S. Wu, "The Environmental Impact of Marine Fish Culture: Towards a Sustainable Culture," Marine Pollution Bulletin 31, nos. 4-12 (1995): 159-166.
11. R. Gowen and N. B. Bradbury, "The Ecological Impact of Salmonid Farming in Coastal Waters: A Review," Oceanography and Marine Biology Annual Review 25 (1987): 563-575
12. H. Ackefors and M. Enell, "The Release of Nutrients and Organic Matter from Aquaculture Systems in Nordic Countries," Journal of Applied Ichthyology 10 (1994): 225-241
13. and P. Read and T. Fernandes, "Management of Environmental Impacts of Marine Aquaculture in Europe," Aquaculture 226 (2003): 139-163.
14. Wu, supra note 6,
15. and Scottish Environment Protection Agency, supra note 5.
16. Wu, supra note 6.
17. T. G. Heggberget, B. O. Johnsen, K. Hindar, B. Jonsson, L. P. Hansen, N. A. Hvidsten, and A. J. Jensen, "Interactions Between Wild and Cultured Atlantic Salmon - A Review of the Norwegian Experience," Fisheries Research 18, no. 1-2 (1993): 123-146
18. A. Midlen and T. Redding, Environmental Management of Aquaculture (London: Chapman and Hall, 1998)
19. and A. F. Youngson, A. Dosdat, M. Saroglia, and W. C. Jordan, "Genetic Interactions between Marine Finfish Species in European Aquaculture and Wild Conspecies," Journal of Applied Ichthyology, 17 (2001): 153-162.
20. J. Shepherd and N. Bromage (eds.), Intensive Fish Farming (Oxford: Blackwell, 1988).
21. T. F. Fernandes, A. Eleftheriou, H. Ackefors, M. Eleftheriou, A. Ervik, A. Sanchez-Mata, T. Scanlon, et al., The Management of the Environmental Impacts of Aquaculture (Aberdeen: Scottish Executive, 2002).
22. Read and Fernandes, supra note 7.
23. Wu, supra note 6.
24. I. D. Codling, R. Doughty, A. Henderson, and I. Naismith, "Strategies for Monitoring Sediments and Fauna Around Cage Fish Farms," Report no. SR4018 (Marlow, United Kingdom: Scotland and Northern Ireland Forum for Environmental Research, 1995)
25. and Read and Fernandes, supra note 7.
26. A. Duff, "Scottish Fish Farm Pollution," Marine Pollution Bulletin 18 (1987): 261
27. British Columbia Ministry of Environment, Environmental Management of Marine Fish Farms (Victoria, BC: British Columbia Ministry of Environment, 1990)
28. and Wu, supra note 6.
29. FAO, Code of Conduct for Responsible Fisheries (Rome: United Nations Food and Agriculture Organization, 1995), available on the FAO Web site, supra note 1.
30. Welcome and Barg, supra note 4.
31. See www.fao.org/figis/servlet/static?dom=root&xml=aquaculture/ nalo_search.xml.
32. A.Van Houtte, "Establishing Legal, Institutional and Regulatory Frameworks for Aquaculture Development and Management," in Aquaculture in the Third Millennium: Technical Proceedings of the Conference on Aquaculture in the Third Millennium, Bangkok, Thailand, Feb. 20-25, 2000, ed. R. P. Subasinghe, P. Bueno, M. J. Phillips, C. Hough, S. E. McGladdery, and J. R. Arthur (Rome: FAO, 2001), 103-120.
33. A. Eleftheriou and M. Eleftheriou, "Legal and Regulatory Background to Best Environmental Practice," in The Implications of Directives, Conventions and Codes of Practice on the Monitoring and Regulation of Marine Aquaculture in Europe: Proceedings of the Second MARAQUA Workshop, Mar. 20-22, 2000, ed. P. A. Read, T. F. Fernandes, K. L. Miller, A. Eleftheriou, M. Eleftheriou, I. M. Davies, and G. K. Rodger (Crete: Institute of Marine Biology, 2001), 1-12.
34. Read and Fernandes, supra note 7.
35. E. J. Cook, K. D. Black, M. D. J. Sayer, C. J. Cromey, S. H. Magill, D. Angel, E. Spanier et al., Bio-Filtration and Aquaculture: An Evaluation of Artificial Substrate Deployment Performance within Mariculture Developments, Final Project Report of European Commission funded project Q5RS-2000-30305 (Oban, Scotland: Scottish Association for Marine Science, 2004).
36. A. R. Henderson and I. M. Davies, "Review of Aquaculture, its Regulation and Monitoring in Scotland," Journal of Applied Ichthyology 16, no. 4-5 (2000): 200-208
37. and the Crown Estate Commissioners, "Marine Fish Farming," available at www.thecrownestate.co.uk.
38. S. E. Papoutsoglou, "Monitoring and Regulation of Marine Aquaculture in Greece: Licensing, Regulatory Control and Monitoring Guidelines and Procedures," Journal of Applied Ichthyology 16 no. 4-5 (2000): 167-171.
39. Statistical Office of the Republic of Slovenia, Statistical Yearbook of the Republic of Slovenia (Llubliana: Statistical Office of the Republic of Slovenia, 2004).
40. FAO, Fishery Country Profile: Israel (Rome: United Nations Fisheries and Agriculture Organization, 1996) available at www.fao.org.
41. Comparative law has been the subject of much discussion and debate over the years as to whether it is a method of comparative study or a more substantive science. See, for example, O. Kahn-Freud, "Comparative Law as an Academic Subject," Law Quarterly Review 82 (1966): 40-61
42. W. J. Kamba, "Comparative Law: A Theoretical Framework," International Comparative Law Quarterly 23 (1974): 485
43. J. Hill, "Comparative Law, LawReform and Legal Theory," Oxford Journal of Legal Studies 9 (1989): 101-115
44. and R. B. Schlesinger, "The Past and Future of Comparative Law," American Journal of Comparative Law 43 (1995): 477-481.
45. H. Gutteridge, Comparative Law: An Introduction to the Comparative Method of Legal Study and Research (Cambridge: Cambridge University Press, 1949).
46. P. deCruz, Comparative Law in a Changing World (London: Cavendish, 1998).
47. Kamba, supra note 28.
48. J. C. Reitz, "How to Do Comparative Law," American Journal of Comparative Law 46 (1998): 617-636.
49. K. Zweigert and H. Kotz, An Introduction to Comparative Law (Oxford: Clarendon Press, 1992).
50. Zweigert and Kotz, supra note 33, at 31.
51. G. Frankenberg, "Critical Comparisons: Re-thinking Comparative Law," Harvard International Law Journal 26 (1985): 411-455.
52. A. Cherp, "E.A. Legislation and Practice in Central and Eastern Europe and the Former USSR: A Comparative Analysis," Environmental Impact Assessment Review 21 (2001): 335-361.
53. D. Liberty and A. Zarbiv, Legal Environmental Gaps within the Euro-Med Partnership and Their Potential Effect on the Environment Under a Free Trade Zone: Comparative Law Analysis and a Proposal for a Draft Protocol on Investment and Environmental Civil Liability (Amman, Jordan: Friends of the Earth Middle East, 2000).
54. R. K. W. Wurzel, "The EU Presidency and the Integration Principle: An Anglo-German Comparison," European Environmental Law Review 10 (2001): 7-15.
55. F. Orrego Vicuña, "International Cooperation in Salmon Fisheries and a Comparative Law Perspective on the Salmon and Ocean Ranching Industry," Ocean Development and International Law 22 (1991): 133-151.
56. The reports are P. A. Read,T. F. Fernandes, K. L. Miller,A. Eleftheriou, M. Eleftheriou, I. M. Davies, and G. K. Rodger (Eds.) MARAQUA: The Implications of Directives, Conventions and Codes of Practice on the Monitoring and Regulation of Marine Aquaculture in Europe: Report of MARAQUA Workshop, IMBC Crete, Mar. 20-22, 2000 (Aberdeen: Scottish Executive, 2001)
57. Fernandes, supra note 12
58. van Houtte, supra note 20
59. and Nature Conservancy Council, Fish Farming and Safeguarding of the Natural Marine Environment (Edinburgh: Nature Conservancy Council, 1989).
60. W. Howarth, R. E. Hernandez, and A. van Houtte, Legislation Governing Shrimp Aquaculture: Legal Issues, National Experiences and Options (Rome: FAO Legal Papers, 2001).
61. Howarth, supra note 41.
62. FAO, Small Ponds Make a Big Difference: Integrating Fish with Crop and Livestock Farming (Rome: United Nations Food and Agriculture Organization, 2000).
63. D.W. P. Ruiter, "Legislation and Legal Institutions," in Semiotics and Legislation, Institutional and Sociological Perspectives, ed. H. Van Schooten (Liverpool: Deborah Charles Publications, 1999), 139-158.
64. The Israel Lands Administration, within the Ministry of National Infrastructures, operates under the Israel Lands Law 1969 and the Israel Lands Administration Law 1960.
65. The Planning and Building Law 1965, as amended.
66. Territorial Waters Policy Document, May 1999 (in Hebrew).
67. S. Fletcher, "The Evolution of Coastal Management Policy in the State of Israel," Marine Policy 24 (2000): 395-405.
68. For a background to the Israeli State and the Israeli legal system, see R. Levush, "A Guide to the Israeli Legal System" (Washington, DC: Law Library Resource Exchange, LLC, 2001), available at www.llrx.com/ features/israel2.htm. In addition, note Fletcher, supra note 48, who provides an introduction to the geopolitical context which is seen as necessary in any discussion of Israel.
69. See G. Pridham, S. Verney and D. Konstadakopulos, "Environmental Policy in Greece: Evolution, Structures and Process," Environmental Politics 4 (1995): 244-270, who recognized that minimal coordination exists between ministries dealing with similar or related issues.
70. Ministry of Agriculture (concerning the procedures for leasing or licensing of seawater areas for aquacultural use) 89/216308/AD; Ministry of Agriculture (concerning the procedures related to the leasing of marine water bodies for aquacultural use) 90/261763/AD; Ministry of Agriculture (classification of aquacultural activities in relation to their impact to the aquatic environment) 91/221073/AD; Ministry of Agriculture (management of fish farms' wastes) 91/222916/AD; Ministry of Agriculture (additional conditions) 93/259525/AD; and Ministry of Agriculture (evaluation of environmental studies concerning the establishment of aquaculture farms) 93/259637/AD; and Ministry of Agriculture (procedures concerning the establishment of aquaculture farms) 94/258374/AD.
71. Ministry of Merchant Marine (concerning leasing procedures of seawater bodies for the establishment of aquaculture farms) 89/M3148/AD: 1. The Ministry of Merchant Marine has a say over the creation of aquaculture units, and about matters that have to do with the authorisation of the location of the farm, the assignment of the area (marine and coastal) and any possibleworks on the coastline, concerning aquaculture. The ministry is also concerned with matters relative to the impacts that such units have on the safety of navigation, with the pollution of the marine environment, touristical development of the area, as well as with problems that might arise concerning the application of the marine touristical activities, fisheries etc. 1. After the establishment of the units the Ministry of Merchant Marine regulates matters relative to the operation of these, such as the observance or not of the terms under which the permit was issued, of the laws for the safety of navigation, of the protection of the marine environment, of rules for the safety and hygiene at work etc. (trans.)
72. The extension of planning controls to marine waters is being effected under the Water Environment and Water Services Act 2003.
73. Scottish Executive, "Advice Note: Marine Fish Farming and the Environment" (Edinburgh: Scottish Executive, 1999)
74. Scottish Executive, "Locational Guidelines for the Authorisation of Marine Fish Farms in Scottish Waters" (Edinburgh: Scottish Executive, 1999)
75. and Scottish Executive, "The Extension of Planning Controls to Marine Fish Farming: A Consultation Paper Issued by the Scottish Executive" (Edinburgh: Scottish Executive, 2000).
76. Established under the Environment Act 1995, Chap. II, see 20-36.
77. Scottish Natural Heritage is required to have regard to the desirability of ensuring that anything done, whether by themselves or any other person in relation to the natural heritage of Scotland, is undertaken in a manner which is sustainable under the Natural Heritage (Scotland) Act 1991.
78. Under the terms of the Health and Safety at Work Act 1974.
79. Fish farming is one of a number of activities that are excluded under bylaws from Ministry of Defence controlled areas used exclusively by the United Kingdom, NATO, and allied nations for training purposes. Also mine-laying and mine-hunting operations around military facilities on the west coast and the presence of submarine exercise areas militate against the provision of fish farm moorings in some areas.
80. It also requires rights to the fish or shellfish resources cultivated, including the protection of those resources from exploitation by others, through such as possessory, proprietary, or harvesting rights, aspects not crucial to this article yet crucial to farm operations. FAO, Small Ponds, supra note 43.
81. J. Marshall, "Landlords, Leaseholders and Sweat Equity: Changing Property Regimes in Aquaculture," Marine Policy 25 (2001): 335-352.
82. Environmental Protection Act 1993, art. 17.
83. Water Act 2002, art. 8 and Annex I.
84. Under art. 3 of the Maritime Code of the Republic of Slovenia, a floating device is a device permanently berthed, anchored, or placed down on the seabed for no purpose of sea navigation (includes floating hotels, workshops, pontoon bridges, floating platforms, moored and signal buoys, mussel cultures, and other sea exploitation devices).
85. The Maritime Transport Administration is also responsible for revoking the permission, which it can do where safe use conditions are not fulfilled.
86. Water Act 2002, art. 108.
87. Israel Lands Law 1969.
88. Required under an administrative directive for the evaluation of applications related to the use of coastal waters. Ministry for the Environment, Physical Planning and Public Works 93/18/62336/2613/AD.
89. The Ministry of Public Works (concerning the use of coastal areas) 84/ BM1D/3259/AD; Hellenic Navy General Service (concerning the use of coastal areas) 90/544/5/427/90/AD; and Hellenic Tourism Organisation (concerning parts of the procedures related to the establishment of aquaculture farms) 93/500530/AD. Further under, Law AN 376/36, the Ministry of National Defence is assigned responsibility for providing its consent on the installation and operation of marine aquaculture units, particularly where issues of military security within the area are in question.
90. The Crown Estate is owner of almost all seabed and approximately 50% of foreshore around the coast of the United Kingdom.
91. Town and Country Planning (Scotland) Act 1997. The Crown Estate Act 1961 (see. 1(3)) places on the Crown Estate Commissioners the duty to maintain and enhance the value of the Crown Estate and the return obtained from it, but with due regard to the requirements of good management," which potentially conflicts with their quasi-planning role.
92. House of Commons Agricultural Committee, "Fish Farming in the UK. Fourth Report" (London: Her Majesty's Stationery Office, 1990).
93. See supra note 54.
94. The Interim Scheme for the Authorisation of Marine Fish Farms in ScottishWaters, Scottish Executive Rural Affairs Department, "Procedure Guidance Note" (Edinburgh: Scottish Executive, 1999).
95. Also see Crown Estate Commissioners, "The Regulation of Marine Fish Farming in Scotland: A Guide" (Edinburgh: Crown Estate Commissioners, 2001).
96. Spatial planning is subject to two major sets of guidelines: "The Spatial Development Strategy of Slovenia 2004" (guidelines for the long-term spatial planning of the county) and "Spatial Order of Slovenia 2004" (general standards, instruments, and planning regulations).
97. Planning and Building Regulations (Environmental Impact Statements) 1982, Regn. 2(b).
98. Ibid., Regn. 3: "a representative of a minister in a planning agency or a planning agency presented with a scheme whose implementation may, in its opinion, have a significant impact upon environmental quality, may require the submitter of the scheme to prepare a statement and to submit it to the planning agency in addition to the scheme documentation submitted" (FAO translated version).
99. See supra note 68.
100. S. D. Klaudatos, A. J. Conides, and M. V. Chatziefstathiou, "Environmental Impact Assessment (EIA) Studies in Floating Cage Culture Systems in Greece," in Partnership in Coastal Zone Management, ed. J. Taussik and J. Mitchell (Cardigan: Samara, 1996).
101. Council Directive 97/11/EC, O.J. No. L073, 14/03/1997, at 5.
102. Scottish Environment Protection Agency, "Regulation and Monitoring of Marine Cage Fish Farming in Scotland - A Manual of Procedures, Version 1.3" (Edinburgh: Scottish Environment Protection Agency, 2005).
103. T. Daintith, "Regulation," in International Encyclopaedia of Comparative Law. vol. 17: State and Economy (Nijhoff, Tubingen: Mohr and Dordect, 1997), chap. 10.
104. A water permit encompasses a lesser extent of water usage and environmental impact than a water concession.
105. From personal communication, the decree covering concessions for the economic exploitation of the sea in the Piran Bay stipulates that a fish farm in the Bay of Piran is currently permitted a surface area of 2828 m2 and contract length of 20 years.
106. For example, in Piran Bay, the fish farm operative is required to pay duties on the farm once a year.
107. The emphasis on water quality derives from the Resolution on the Maritime Orientation of the Republic of Slovenia (UL RS 10-403/1991) which, while emphasizing the importance of maritime economic development and the promotion of the production of food from the sea within reasonable limits, also stressed the provision of conditions for the improvement of coastal marine quality.
108. Licensing of Business Law no. 5728, 1968 and Schedule 4.4A of the Licensing of Business Order (Business that Require Licenses) 5755, 1995.
109. Licensing of Business Regulations (General Provisions) 5761 (2000) sec. 4, 12-14.
110. An operational license will be sought only once the preapproval and lease for the use of the site has been obtained.
111. Under Ministerial Decision 259637/28-6-1993 on the evaluation of environmental studies concerning the establishment of aquaculture farms, farms are required to be spaced at a distance greater than 500 m.
112. Papoutsoglou, supra note 25. Note also that some of these conditions are to be attached to the lease: For example, the distance between two fish farm establishments.
113. Section 34 as amended by the Environment Act 1995.
114. Notably: The Dangerous Substances Directive 1976, the Water Framework Directive 2000, the Shellfish GrowingWaters Directive 1979 (relevant to biculture and polyculture operations including shellfish), the Habitats Directive 1992, and the Wild Birds Directive 1979.
115. Scottish Environment Protection Agency, supra note 80. This is a comprehensive document addressing issues at all stages of the consent process from preapplication to review of consents. The manual is designed primarily for SEPA staff; however, it has been disseminated for the general public to enable them to understand the regulatory framework. The manual is considered a "living" document and, therefore, is to be updated and amended from time to time.
116. Scottish Environment Protection Agency, supra note 5.
117. Decree on the Types of Intervention in the Environment for Which an Environmental Impact Assessment Is Required (Ur. 1. RS, No. 66/96).
118. The Environmental Protection Act 1993 sets out the fundamental goals of environmental protection, in accordance with the assurances of a healthy living environment for all and obligations for the protection of natural and cultural heritage contained within the Constitution of the Republic of Slovenia.
119. "Instruction on the Methodology for Preparing a Report on EIA 1996," Decree on Conditions and the Procedure for Obtaining Authorisation for Preparing Reports on Environmental Impacts 1996.
120. Planning and Building Regulations (Environmental Impact Statements) 1982.
121. M. Kousis and J. N. Lekakis, "The Europeanisation of Environmental Policy in Greece," paper presented at the Europeanisation of Environmental Policy Workshop, June 29-July 1, 2001, Cambridge, United Kingdom.
122. Council Directive 97/11/EC, supra note 79. These provisions have been transposed into Greek law under the Environmental Law 1650/86 and the Ministerial Decision 69269/5387/1990.
123. Fish farming falls under category A, group II, 1 Agriculture, (g) salmon breeding, fish farms, fish breeding stations. This group corresponds to projects listed in Annex I and II of the EU Directive, demonstrating stronger requirements.
124. Environmental Law 1986 no. 1650, art. 5(1).
125. Environmental Law1986, Presidential Decree on the protection of sea turtles no. 617/1980, Presidential Decree relating to the protection of vegetation and wildlife, as well as the establishment of the procedure, coordination and control of related research no. 67/1980 GG 23/A/1981, Ministerial Decision on the protection of certain areas no. 2650/1980 GG/ 486/B/1980, Exploitation and protection of coral formations, fish breeding waters, fisheries and related regulations no. 1740/1987, Guidelines on the conservation, protection and ecological management of coastal biotopes and measures for the protection of some of them no. 11/ 1981 GG551/B/1981, and Ministerial Decision on measures for the protection of the Mediterranean seal and its biotope and other species of flora and fauna living in the marine park of Northern Sporades no. 3131/76/1991.
126. This includes the National Monitoring Programme for Surface Waters and the Mediterranean Pollution Monitoring and Research Programme run through the National Centre for Marine Research (NCMR) and the Institute of Marine Biology of Crete (IMBC).
127. Klaudatos, supra note 78.
128. Council Directive 97/11/EC, supra note 79.
129. Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999, reg. 1(2). This encompasses virtually all new site and renewal applications.
130. "The relevant authority shall not grant consent, or as the case may be, a licence as regards fish farming in marine waters where the proposed development will be likely to have significant effects on the environment by virtue, inter alia, of its nature, size or location unless they have taken into consideration the environmental information in respect of the proposed development and state in their decision that they have done so." Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999, reg. 3(1).
131. The Crown Estate Commissioners have further appointed a specialist firm of consultants, EnviroCentre, to assist in the interpretation of data. Crown Estate, 1999. "Crown Estate Appoints Marine Environmental Consultants," press release, June 25, 1999.
132. Scottish Executive (1999), "Locational Guidelines for the Authorisation of Marine Fish Farms in Scottish Waters," supra note 54, provides indicative criteria for identifying the need for an environmental impact assessment.
133. The complementary use of these techniques is likely to experience legal endorsement through developments arising under the European Water Framework Directive. W. Howarth, "Accommodation Without Resolution? Emission Controls and Environmental Quality Objectives in the Proposed European CommunityWater Framework Directive," Environmental Law Review 1 (1999): 6-26.
134. Relevant conservation legislation includes: The Wildlife and Countryside Act 1981 (as amended), Conservation (Natural Habitats etc.) Regulations 1994, and the Sea Fish (Conservation) Act 1992.
135. While enacted to implement theWater Framework Directive, the Act will assist the Scottish Environment Protection Agency in its regulation of fish farming through the use of more appropriate permit conditions. It is anticipated that the extension of planning controls to marine aquaculture will be completed in 2006.
136. Council Directive 97/11/EC, supra note 79.