Aquaculture Scoop April 2014 -

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Offshore Law

Overview of International Law and Treaties that effect Offshore Aquaculture by Katherine Hawes, Aquarius Lawyers What is meant by offshore aquaculture? When discussing the development of aquaculture, it is key to understand the different regulatory environment established by the convention of the law of the sea. The law of the sea settled the disputes about the extent of coastal states to claim sovereignty over the ocean waters. The convention divides the oceans into several jurisdictional zones which are subject to different legal regimes – the territorial sea, the exclusive economic zone, the continental shelf and the high seas.

LAW OF THE SEA

The exclusive economic zone is the area in which offshore marine aquaculture will take place. This area is regulated by international law which states what regulations need to be complied with when considering development of offshore aquaculture.

Article 192 of the convention imposes an obligation on coastal states to protect and preserve the marine environment – this means to take all measures necessary in order to prevent, reduce and control pollution of the marine environment, using the best means necessary within

Whilst the Law of the Sea convention was not designed to be an environmental instrument, it does include International environmental controls which impact upon the development of offshore aquaculture. The main chapter dealing with marine environment is Part XII of the convention. Article 118 can be interpreted in a way that requires states to ensure that their farming practices do not threaten wild stocks or interfere with their conservation.

their capabilities. Countries wishing to develop offshore aquaculture need to be aware of the pollution requirements and the impacts of aquaculture operations which can cause such pollution. The environmental controls of Part XII of law of the sea requires the coastal states to consider the environmental impact of aquaculture operations on the marine environment. Articles 207-213 provide a list of requirements for states to adopt laws and regulations relating to the pollution of the marine environment. In addition states must ensure that their activities within their jurisdiction or control do not cause pollution damaging the environment of other states. It is important to remember that pollution does recognise national boundaries. Therefore, Coastal states must ensure

Diagram of our maritime zones The Area

Continental shelf Sovereign rights for exploring and exploiting non-living resources of sea-bed and subsoil, plus sedentary species

(Claimable)

Exclusive economic zone Territorial Sea

Common heritage of mankind

The High Seas

Sovereign rights for exploring, exploiting, conserving and managing living and non-living resources of the water, sea-bed and subsoil

Contiguous zone 3nm 12nm

3nm Coastal Waters

Territorial sea baseline

State territory

Aquaculture Scoop April 2014

24nm

200nm

350nm (or 100nm from the 2500m isobath)

Continental shelf Continental slope

Continental rise

Deep seabed

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