Guidance on Activities of Non-Energy Extractive Industries and Natura 2000

GUIDANCE DOCUMENT ON AQUACULTURE AND NATURA 2000

SCOPING DOCUMENT

1. BACKGROUND AND CONTEXT

Aquaculture represents a growing contributor to the production of aquatic food worldwide. Most fisheries in the world are currently near or above sustainable exploitation limits. In parallel, global consumption of fish as food has doubled in the period 1973-2003. Various projections have been made to 2020 on fish supply and demand, which confirm that per capita consumption of fish as food is expected to rise. According to FAO, most of this demand is expected to be met by aquaculture1. In the EU, aquaculture production is an important economic activity in many coastal and continental regions but has remained stable in recent years. The European Strategy for the Sustainable Development of European Aquaculture2adopted in 2002 set out policy directions to promote the sustainable growth of aquaculture in the European Union. This strategy was designed to strengthen the role of aquaculture in providing jobs and in supplying quality fisheries products while ensuring an environmentally sound industry. Seven years on, significant progress has been made in ensuring the environmental sustainability, safety and quality of EU aquaculture production. Yet over the same period overall EU aquaculture production has stagnated, in stark contrast with the high growth rate in the rest of the world.

The Communication from the Commission on an Integrated Maritime Policy for the European Union3 launched in 2007 recognised that the growth of aquaculture to satisfy increasing global seafood demand should be achieved within a regulatory framework that encourages entrepreneurship and innovation and ensures compliance with high environmental and public health standards. It committed the Commission to promote the development of an environmentally safe aquaculture industry in Europe.

In April 2009, the Commission presented a communication to give new impetus to the sustainable development of aquaculture (Building a sustainable future for aquaculture - A new impetus for the Strategy for the Sustainable Development of European Aquaculture4). The communication identifies and addresses the causes of the aquaculture stagnation in the EU with a view to ensuring that the EU remains a key player in this strategic sector. It aims to boost the competitiveness of the sector, ensure its sustainability and improve its governance. It builds on the achievements of the 2002 aquaculture strategy and on the new impetus for marine activities provided by the EU Integrated Maritime Policy.

The Aquaculture Communication from 2009 acknowledges that challenges for the EU aquaculture sector are numerous and, among them a limited access to space and licensing has been highlighted. In addition the communication adds that stringent EU rules, particularly on environmental protection, generate competitive constraints vis-à-vis competitors in Asia or Latin America. Better implementation of EU legislation by Members States should ensure a level- playing field among economic operators on decisions affecting the development of aquaculture. The Commission will also contribute to this objective and, among the activities proposed, the Communication mentions the development of guidance documents on aquaculture activities and Natura 2000.

1 FAO: The state of world aquaculture 2006 2 COM(2002) 511 final 3 COM(2007) 575 final 4 COM(2009) 162 final 1 The European Union's instrument for the management of fisheries and aquaculture, the Common Fisheries Policy (CFP), was reformed in 20025 to ensure sustainable exploitation of living aquatic resources. The aim of the CFP is to promote: (i) sustainable fisheries and aquaculture in a (ii) healthy marine environment which can support an (iii) economically viable industry providing employment and opportunities for coastal communities.

However the 2002 reform has not attained all its objectives. In view of this, the European Commission is preparing a new reform of the Common Fisheries Policy to adapt it to a changing situation and to the new challenges ahead for the sector. The reformed CFP is set to be in effect from 2013. As a first step the European Commission published a Green Paper on the Reform of the Common Fisheries Policy6 to trigger and encourage public debate and to elicit views on the future CFP. The Commission will use the results of the broad public consultation to enrich and validate its analysis and evaluation of options for a reform. In relation to aquaculture the reformed policy should clarify its role in the future CFP.

As regards funding, amendments to the Fisheries Structural Funds Regulation to benefit aquaculture products and producers were adopted in 20047. In 2006, the new Regulation on the European Fisheries Fund (EFF) was adopted8. It is the new Community framework to contribute to the sustainable growth of aquaculture in Europe for the 2007 to 2013 period. Under its Axis 2, the EFF gives particular attention to the promotion of sustainable aquaculture in Europe. In particular, aqua-environmental measures may support the use of aquaculture production methods helping to protect and improve the environment and to conserve nature. The purpose of the support is to promote: - forms of aquaculture comprising protection and enhancement of the environment, natural resources, genetic diversity, and management of the landscape and traditional features of aquaculture zones - participation in the Community eco-management and audit scheme (EMAS) - organic aquaculture - sustainable aquaculture compatible with specific environmental constraints resulting from the designation of Natura 2000 areas.

In addition, the EFF may support measures of common interest intended to protect and develop aquatic fauna and flora while enhancing the aquatic environment. These measures shall relate to: - the construction or installation of static or movable facilities intended to protect and develop aquatic fauna and flora, - the rehabilitation of inland waters, including spawning grounds and migration routes for migratory species, - the protection and enhancement of the environment in the framework of NATURA 2000 where its areas directly concern fishing activities, excluding operational costs.

As regards the conservation of biodiversity, the Habitats Directive together with the Birds Directive form the cornerstone of Europe's nature conservation policy, which is built around two pillars: the Natura 2000 network of protected sites and a strict system of species protection. All in all the directives protects over 1.000 animals and plant species and over 200 so called "habitat types" (including marine and coastal habitats, freshwater habitats, wetlands, etc.), which are of European importance.

In May 2006 the European Commission adopted a Communication entitled "Halting the loss of Biodiversity by 2010 - and beyond - sustaining ecosystem services for human well-being"9, which

5 Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy. 6 COM(2009)163 final 7 Council Regulation (EC) No 1421/2004 amending Regulation (EC) No 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector 8 Council Regulation (EC) No 1198/2006 9 COM (2006) 216 OJ C184, 8.8.06 p. 121 2 identified a number of key objectives and actions that will be necessary to halt biodiversity decline. The EU action plan to halt biodiversity loss10 has set priority actions to safeguard the EU's most important habitats and species, which include the establishment of management priorities and necessary conservation measures for Natura 2000, ensure adequate implementation of articles 6.2, 6.3 and 6.4 of Habitats Directive, strengthen effectiveness of Strategic Environmental Assessment (SEA) and Environmental Impact Assessment (EIA) in informing decision-making so as to prevent, minimise and mitigate damages to Natura 2000 sites. This Action plan also aims to develop business and biodiversity partnership and to facilitate such partnerships at the Community level.

An initiative was launched in 2007 to strengthen the links between business and biodiversity protection, under the title "Building Better Partnerships: linking Business to Biodiversity" (The EU B@B initiative). The Commission intends to support further development of this initiative, e.g. through the development of best practice guidance concerning the responsibilities and opportunities existing for companies in relation to the EU nature legislation, and to promote the implementation of best practice adapted to the specific conditions of the companies concerned.

The European Commission has also developed a Strategy for the Sustainable Use of Natural Resources in Europe (2005-2030)11 which is one of the seven Thematic Strategies developed by the 6th European Environment Action Programme (2002-2011). The objective of the strategy is to reduce the negative environmental impacts generated by the use of natural resources in a growing economy.

In June 2007 the Commission adopted a regulation12 concerning use of alien and locally absent species in aquaculture, which establishes a framework governing aquaculture practices to ensure adequate protection of aquatic habitats from the risks associated with the use of non-native species in aquaculture.

Detailed rules on organic aquaculture animal and seaweed production were laid down in 200713 and 200814, and later amended in 200915

Some Member States have started a reflection on the need to boost sustainable aquaculture development. Some international institutions led initiatives have developed a range of schemes to support their members in the effective integration of sustainability principles in their operations, which consider the conservation of biodiversity.

Some examples are the Guide for the Sustainable Development of Mediterranean Aquaculture. Interaction between Aquaculture and the Environment developed by the World Conservation Union (IUCN)16, the Code of Conduct for European Aquaculture (FEAP) and the FAO Technical Guidelines for Responsible Fisheries. No. 5: Aquaculture development. The FAO is currently conducting a consultation on Technical Guidelines for Aquaculture Certification in an effort to harmonise voluntary systems of certification of sustainability adopted by the end of 2010.

Some EU funded projects aim at promoting methods for the sustainable aquaculture development. Among these, the SEACASE project is worthy of note17. The final goal of this

10 http://ec.europa.eu/environment/nature/biodiversity/comm2006/pdf/sec_2006_621.pdf 11 http://ec.europa.eu/environment/natres/ 12 Council Regulation (EC) No 708/2007 of 11 June 2007 concerning use of alien and locally absent species in aquaculture. 13 Council Regulation (EC) No 834/2007 14 Regulation (EC) No 889/2008 15 Regulation (EC) No 710/2009 16 Guide published in 2007, developed in collaboration with the Spanish Ministry of Agriculture, Fisheries and Food and the European Federation of Aquaculture Producers (FEAP). 17 SEACASE will undertake case studies of extensive and semi-intensive aquaculture production systems in Portugal, Spain, France, Italy and Greece to develop good-practice guides and quality certification standards. See also: http://www.seacase.org/ 3 project was to develop effective tools for sustainability of extensive and semi-intensive aquaculture production in Southern Europe, while minimizing its environmental impacts and improving the quality and public image of its products. They had also analyzed and developed environmentally friendly farming protocols as well as certification possibilities to be proposed for voluntary use by the industry.

Another project co-funded by the EC aimed to develop an Ecosystem Approach for sustainable aquaculture18. A key deliverable of this project is a virtual toolbox to help owners and operators of fin-fish and shell-fish farms in selecting farm sites and operating farms, so as to minimize environmental impact and ensure the sustainability of sites and water bodies for aquaculture.

The EU-funded research project "Synthesis of Aquaculture and Marine Ecosystems Interactions" (SAMI) has examined the prospects for mariculture, particularly in terms of meeting growing human food demands, and also assessed the challenges and obstacles that mariculture must surpass19.

A study prepared with the financial support of the European Commission has analysed “Some aspects of the environmental impact of aquaculture in sensitive areas”20. The objectives of this study were: to better understand the interactions between different farming systems and the species/habitat complexes in their vicinity; to assess the often apparently conflicting goals of aquaculture development and nature conservation in order to identify common aims and policy objectives, and to provide a framework for a practical ‘Code of Practice’ for use by marine aquaculture operators and regulatory authorities.

The European Commission also committed a recent study on "Impacts and pressures by aquaculture activities: evaluation, relations with good environmental status and assessment of the EU responses”.

The EATIP – European Aquaculture Technology & Innovation Platform website (http://www.eatip.eu/content/view/47/101/1/1/) provides a list and summaries of Community- funded Aquaculture research projects that have been made under the 5th and 6th Framework programmes. The summaries were prepared within the scope of the project PROFET POLICY (see www.profetpolicy.info) which was completed in 2009.

Besides, at a national level some countries have developed relevant guidance on Natura 2000 and aquaculture such as France (Référentiel pour la gestion dans les sites Natura 2000 en mer - Les cultures marines)21 to help actors managing human activities in the marine sites.

Finally, several judgements of the European Court of Justice regarding environmental issues, including the obligations derived from the Habitats and Bird Directives, in relation to aquaculture activities are of particular relevance for the preparation of this guidance document.

2. OBJECTIVE

In response to the commitment included in the EC Communication Building a Sustainable future for aquaculture, the goal is to develop guidance which would facilitate the knowledge and implementation of EU legislations concerning Natura 2000 in relation to aquaculture activities.

The Birds and Habitats Directives (79/409 & 92/43/EEC) provide the basis for the Natura 2000 network of protected areas in Europe where human activities may take place under certain 18 ECASA project: http://www.ecasa.org.uk/index.htm 19 http://cordis.europa.eu/search/index.cfm?fuseaction=news.document&N_RCN=31593 20 Available at: http://ec.europa.eu/fisheries/documentation/studies/aquaculture_environment_2006_en.pdf 21 Agence des aires marines protégées 2009. Available at: http://www.aires- marines.fr/images/stories/donnees/RTE/TOME1_Referentiel_CULTURES_MARINES_01_2010_BD.pdf 4 provisions. In order to clarify applicable provisions the Commission has produced a number of guidance documents on the management of Natura 2000 sites (application of Article 6 of the Habitats Directive) and also a few Member States are producing guidance for their aquaculture industries on how to deal with this issue. However, there is general acceptance about the need to develop more specific guidance on the activities of aquaculture in relation to Natura 2000. The guidelines should mainly focus on the implementation of the provisions of Art. 6(3) and 6(4) of the Habitats Directive (appropriate assessment of plans and projects) and contribute to a better understanding of the conservation objectives of the sites, promoting best practices illustrating how nature protection provisions can be compatible with sustainable aquaculture development.

This guidance document will build on those existing guidelines and will also take into account other pieces of guidance produced by the aquaculture sector and other relevant organizations.

3. SCOPE

Aquaculture should be understood as the rearing or cultivation of aquatic organisms using techniques designed to increase the production of the organisms in question beyond the natural capacity of the environment. The organism remain the property of a natural or legal person throughout the rearing or cultivation stage, up to and including harvesting.

Aquaculture in the EU is essentially made up by three major sub-sectors, which have different history and characteristics. These are: molluscs and crustaceans farming (52% of total production in 2006), freshwater fish farming (24%) and sea fish farming (23%) 22. The most important species farmed in the EU are included below (based on information available at the EC Fisheries website23).

Figure 1: The top 10 species produced in aquaculture in the European Union (2007) Volume in tonnes live weight and percentage Value in thousands of EUR and percentage of of total total

Source: Facts and figures on the CFP. 2010. Available at: http://ec.europa.eu/fisheries/documentation/publications/pcp_en.pdf

More details on the various branches of aquaculture are provided in a background document 24 issued for the consultation held for the preparation of the 2009 Communication on aquaculture.

Aquaculture in Europe is not a uniform sector. There are various types of aquatic farming facing different situations, challenges and opportunities and consideration must be given to their specificities and differences. Closed or open systems, extensive or intensive, on land, in lakes, in ponds fed by rivers or even groundwater, near the shore or offshore characterise a large diversity of freshwater finfish, marine finfish or shellfish farming with their individual characteristics.

22 http://ec.europa.eu/fisheries/cfp/aquaculture/facts/index_en.htm 23 http://ec.europa.eu/fisheries/cfp/aquaculture/aquaculture_methods/index_en.htm 24 http://ec.europa.eu/fisheries/cfp/governance/consultations/consultation100507_background_en.pdf 5 This guidance should cover the conservation needs of the Natura 2000 network and the conditions that aquaculture farms should consider when developing their activities. The different types of impacts, including the positive ones, that aquaculture may cause on the natural environment shall be taken into account.

4. RELEVANT ISSUES

The 2009 Communication on Aquaculture acknowledges that the aquaculture industry is still relatively unknown to public authorities and investors, and it faces the challenges of an evolving society competing for space and increasingly concerned about the environmental sustainability of farming activities.

The consultation held during the preparation of this Communication has raised a number of key issues that can be considered of particular relevance for this guidance document, which are briefly introduced below. These elements should be further elaborated and are presented here just an indication of some of the most relevant issues to be considered in the guidance document.

Environmental protection and sustainable aquaculture

The EU is committed to a high level of environmental protection and a number of provisions exist to ensure that the development of aquaculture is sustainable from an environmental point of view. Environmental aspects of aquaculture are confirmed to be very important issues for this sector and a very wide range of environmental challenges has been cited in the consultation carried out for the preparation of the 2009 Communication on aquaculture. The most frequent and important concerns referred to legal instruments in two main policy domains, namely water quality and nature conservation.

As regards EU environmental law, the Water Framework Directive and the Marine Strategy Directive provide a framework for the definition and preservation of fresh and marine water in the EU25. Other EC Directives relevant to the environmental impacts of aquaculture are: EC Directive 67/548/EEC on dangerous substances, EC Directive 2006/113/EC “Shellfish Directive”26, EC Directives affecting the marketing of veterinary medicinal products, and EC ICZM Resolutions and Communications27. Another current example is the Regulation on "alien species"28 which aims to assess and minimise the possible impact of the introduction of alien species for its use in aquaculture by establishing a permit system at Member State level.

In terms on nature conservation, many producers see the implementation of Natura 2000 (by some Member States) as a major limiting factor for development and access to space. They also refer to the disproportionate use of the "precautionary principle" by authorities, even at renewal of the existing operating licences. Increased consultation and discussion among stakeholders and authorities (rather than imposed measures) are also called for.

The development of interpretation or guidance documents on EU environmental legislation, of common estimators of "carrying capacity", of scientific evaluations and impact assessment guidelines on the basis of common predictive models, are often quoted as ways forward. Some

25 The objective of the Water Framework Directive is to achieve good environmental status of all waters by 2015, and the Marine Strategy Framework Directive obliges Member States to ensure the good environmental status of the seas under their jurisdiction by 2021. 26 This directive will be replaced in 2013 by the EC Water Framework Directive (WFD). This must provide at least the same level of protection to shellfish waters as the Shellfish Waters Directive. 27 Available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do? uri=OJ:C:2009:295E:0001:0004:EN:PDF 28 Council Regulation (EC) No 708/2007 of 11 June 2007 concerning use of alien and locally absent species in aquaculture. 6 insist however for such common guidelines to address the need for species and regional specific sets of environmental indicators and critical range values. Other contributors however are more in favour of self regulation and promoting codes of practices developed by the sector rather than at EU level.

In addition to voices for an increased level playing field regarding environmental requirements, for the promotion of best practices and sound management, or for a more reasonable application of the precautionary principle, the aquaculture producers would also see benefit in respecting principles of Better Regulation, such as a more streamlined and business-friendly authorisation process (e.g. concerns regarding the multiplicity and diversity of current approval procedures and numerous licences required to run a business, the various counterpart administrations to work with, etc).

Some international conventions also provide guidelines and recommendations that are relevant to the implementation of aquaculture activities. For instance, the Ramsar Convention Resolution IX.429 states that sustainable aquaculture may be facilitated through the use of native species and genomes where possible, the minimization of the use of chemicals and the prioritization of new sustainable technologies for aquaculture.

The OSPAR Convention for the Protection of the Marine Environment of the North-East Atlantic issued its Recommendation 94/6 on “Best Environmental Practice for the Reduction of Inputs of Potentially Toxic Chemicals from Aquaculture Use”, which is aimed at reducing the amount of chemicals employed in the industry (medicines, antifoulants, pesticides etc.) and to limit their impact on the marine environment. The OSPAR Commission has also published recently an Assessment of Impacts of Mariculture30, as part of its Strategy for the Joint Assessment and Monitoring Programme (JAMP).

HELCOM Recommendation 25/431 adopted in March 2004, aims at promoting measures to reduce discharges from both freshwater and marine fish farming.

The BARCELONA Convention, through its “Protocol on Integrated Coastal Zone Management in the Mediterranean”32 establishes that the Parties shall take into account the need to protect aquaculture and shellfish areas in development projects, as well as to regulate aquaculture by controlling the use of inputs and waste treatment (Article 9).

Environmental impacts of aquaculture and possibilities for their mitigation

The development and intensification of aquaculture has revealed a range of associated environmental issues. Some aquaculture fish species are fed with high contents of protein and oils, mainly fishmeal and fish oil. Seed and broodstock are sometimes obtained from wild stocks, due to the difficulty of raising them in captivity, thereby increasing the pressure on wild fish populations. Another problem is the chemical interaction produced by the discharge of water effluents from aquaculture facilities, which may contain residues of therapeutic products, antifouling agents or uneaten fish feed. If improperly managed, these issues can lead to water eutrophication, antibiotic pathogen resistance, oxygen depletion and other problems that could damage the environment (UICN 2007).

Other issues concern the biological interaction caused by the unintentional release of farmed organisms, or the introduction of non-indigenous species into the environment, may cause alterations in the genetic pattern of wild populations. Such organisms may compete with native species for food and space, and might also transfer diseases and parasites. Although bacteria, 29 Available at: http://www.ramsar.org/pdf/res/key_res_ix_04_e.pdf 30 Available at: http://qsr2010.ospar.org/media/assessments/p00442_Impacts_of_Mariculture.pdf 31 Available at: http://www.helcom.fi/Recommendations/en_GB/rec25_4/ 32 Available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do? uri=OJ:L:2009:034:0019:0028:EN:PDF 7 viruses and other pathogens occur naturally, disease outbreaks are more likely to occur in farmed animals, and bidirectional transfers of pathogens between farmed and wild organisms might take place. Moreover, the interaction between aquaculture and capture fisheries, the environmental interaction within marine and coastal ecosystems and all the aspects above mentioned should be taken into account when analysing the potential effects of aquaculture on the environment (UICN 2007).

It should however be noted that even under similar farming and environmental conditions, in general, the observed effects of fish farming on a given site are not directly transferable to another site, since a number of parameters may generate a large variability of the effects. Therefore, a case-by-case analysis of the environmental conditions of the aquaculture farm is usually necessary.

Addressing the environmental impacts of aquaculture such as eutrophication, risks created by escapees, alien species or transported and restocked fish is a considerable challenge. The aquaculture industry is very active in this context, as demonstrated for example by the setting-up of Guidelines or codes of good practice at European, regional or local level.

Several EU funded research projects have also provided experience and improved knowledge of how to reduce the environmental impacts of aquaculture on the basis of an ecosystem approach or by addressing more specific points. This has given rise to the suggestion that aquaculture is too often focused on monoculture of aquatic species and that new and established methods of polyculture may hold answers as to at least some of the problems posed.

Stakeholders indicate that the impact of aquaculture on the overall ecosystem needs to be better understood. Many of them consider that an important part of impacts of aquaculture on the environment can be managed and minimised through effective siting of farms and understanding of processes involved.

Extensive aquaculture is also usually seen as an environmentally-friendly way of producing fish and shellfish, especially with regard to its role in wetlands, biodiversity conservation, water management in landscape etc. Indeed, some effects of aquaculture on the environment may be positive. For instance, the cultivation of seaweed can have a beneficial effect in some respects such as nutrient removal and can facilitate polyculture, and scientific studies show that shellfisheries and molluscan aquaculture may remove nitrogen from estuaries by increasing organic nitrogen deposition to the sediments that stimulate denitrification processes (Tlusty et al. 200133). Positive effects of aquaculture on biodiversity are also acknowledged; in particular production of fish can reduce pressure on wild stocks, which may be overexploited.

33 Tlusty, M.F., D.A. Bengston, H.O. Halvorson, S.D. Oktay, J.B. Pearce, and R.B. Rheault, Jr. (eds.) 2001. Marine Aquaculture and the Environment: A Meeting for Stakeholders in the Northeast. Cape Cod Press, Falmouth, Massachusetts. 8 Environmental assessment of aquaculture activities

At the level of plans and programmes, the Strategic environmental assessment (SEA) Directive (2001/42/EC) can apply. An environmental assessment is required for plans and programmes which are likely to have significant effects on the environment, which are subject to preparation and/or adoption by an authority at national, regional or local level or which are prepared by an authority for adoption, through a legislative procedure by Parliament or government, and which are required by legislative, regulatory or administrative provisions. In the context of this guidance, the SEA Directive is most likely to be applicable where a national, regional or local authority is preparing a plan which is either specifically designed to deal with aquaculture or where this is one of the activities considered in the plan. It is up to the authority developing the relevant plans or programmes to undertake the assessment.

At the level of individual public and private projects, the Environmental Impact Assessments (EIA) Directive 85/337/EEC34 operates. Intensive fish farming is listed in Annex II of this Directive, which means this kind of aquaculture will need to be evaluated to determine whether an EIA will be required or not. But the legislation itself is not aquaculture specific. The EIA Directive also defines a format for an EIA and the minimum information it should contain. Thus, a development consent for projects that are likely to have significant effects on the environment should be granted only after an assessment has been made of the likely significant environmental effects of that project.

Assessment of effects on Natura 2000

An important issue is under which conditions aquaculture activities may be carried out in protected areas and in particular in areas that have been designated as part of the Natura 2000 network, i.e. how specific projects can be made compatible with requirements arising under the Nature Directives and from the designation of Natura 2000 areas.

For the areas included in the Natura 2000 network, Member States are required to take appropriate steps to avoid deterioration of the habitats and/or disturbance of the species for which the area was selected. Any plan or project likely to have a significant effect must be subjected to an “appropriate assessment” of its implications for the site (art. 6.3 of the Habitats Directive).

If an appropriate assessment of a plan or project concludes that it will not adversely affect the integrity of the site, the plan or project can proceed, under the relevant approval procedure applicable in the Member State. In order to help identifying the potential impacts of aquaculture on biodiversity, some Member States have started publishing guidance on the aspects to consider when realising this assessment. This is the case of France which has recently published guidance documents to help identify the environmental pressures/effects that marine farms can potentially have on Natura 2000 habitats and species, and assessing the sensibility of Natura 2000 marine habitats and species to aquaculture and other coastal activities35..

Also the UK has published a summary of guidelines relevant to the marine environment, to ensure those subject to an Appropriate Assessment are aware of the key areas that need to be addressed, useful for de development of aquaculture installations in European marine sites ( 36).

34 Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, as amended in 1997 (97/11/EC), 2003 (2003/35/EC) and 2009 (2009/31/EC). OJ L 156, 25.6.2003, p. 17, OJ L 140, 5.6.2009, p. 114 – see http://ec.europa.eu/environment/eia/home.htm 35 Les cultures marines. Activités - Interactions - Dispositifs d’encadrement - Orientations de gestion. Référentiel pour la gestion dans les sites Natura 2000 en mer (Tome 1). Agence des aires marines protégées, France 2009. 36 Gray, M. 2006. Appropriate Assessment Good Practice Guidelines. SEAFISH, UK. Available at: http://www.seafish.org/resources/publications.asp?c=Guidelines 9 To help the fisheries industry understand the implications of protected sites for their activities, the Seafish37 agency has also published a note guidelines on the UK protected wildlife sites containing a brief description of the protected sites in the UK; their implication for the fisheries industry, information on how to find out where they are; and how you can work with the authorities to help protect wildlife and the business (38).

Strategic planning can play a crucial role in identifying and avoiding conflicts between aquaculture and Natura 2000. This is fundamental to proper planning and application of the Habitats and Birds Directives. It is a requirement of the Habitats Directive that plans are subject to appropriate assessment (Article 6.3) when likely significant impacts on Natura 2000 cannot be excluded. This tool could allow detecting potential problems at the strategic level and make possible to sort them out. Strategic appropriate assessment is a positive planning tool to avoid unnecessary conflicts at a spatial level. Under this assessment, the importance of each site to maintaining the natural habitats and species of Community interest at a favourable conservation status and the overall coherence of the network shall be carefully evaluated.

Competition for space and spatial planning

The increasing competition for space represents a major challenge for further development of freshwater fish farming and aquaculture production sites in coastal areas. Public acceptance of aquaculture development in an area is usually inversely proportional to the population density and the tourist attractiveness of the area. Extensive aquaculture in inland ponds and wetlands or in coastal lagoons also faces increased competition with other economic developments (agriculture, industry, tourism…)39.

Moving aquaculture offshore is seen as a promising way to avoid the conflict for space in coastal areas and reduce the environmental impact. Several offshore aquaculture conferences have been held in Europe in the last years.

The challenges that emerge from the growing competing uses of the sea, ranging from maritime transport, fishing, aquaculture, leisure activities, off-shore energy production and other forms of sea bed exploitation must be addressed. As maritime activities continue to thrive, there will be increasing competition between them for the use of the space while the needs of the local population and the protection and conservation of the marine environment have to be respected and ensured.

Maritime spatial planning is therefore a fundamental tool for the sustainable development of marine areas and coastal regions, and for the restoration of Europe’s seas to environmental health. Following an EU Recommendation40, Member States have begun to use Integrated Coastal Zone Management to regulate the spatial deployment of economic activities and to set up spatial planning systems for Europe's coastal waters. The Recommendation identifies aquaculture among the sectors and areas to be addressed in the future National ICZM strategies

In this context, some stakeholders support the development and application of (marine) spatial planning or integrated coastal zone management (ICZM) to facilitate the allocation of appropriate sites - with the correct water quality - for aquaculture applications. In addition, these planning 37 SEAFISH is a Non Departmental Public Body, established in 1981 and sponsored by the four UK government fisheries departments. It is funded by a levy on seafood. More information at: http://www.seafish.org/ 38 Gray, M. 2008. Guidance Note - Protected Wildlife Sites. SEAFISH, UK: Available at: http://www.seafish.org/resources/publications.asp?c=Guidelines 39 Opportunities for the development of Community aquaculture. Consultation document. European Commission, 2007. Available at: http://ec.europa.eu/fisheries/cfp/governance/consultations/consultation_100507_en.htm 40 Recommendation 2002/413/EC of the European Parliament and of the Council of 30 May 2002 concerning the implementation of Integrated Coastal Zone Management in Europe. 10 tools could facilitate anticipating risks from, for instance, climate change effects, floods or coastal erosion that may affect aquaculture sites.

Some Member States have already signalled their intention to update their inventory of potential sites for aquaculture; and other Member States are implementing Spatial Planning Systems for marine and maritime activities. Spatial planning has a key role to play in providing guidance and reliable data for the location of economic activity, giving certainty to investors, avoiding conflicts and finding synergies between activities and environments. The role and function of aquaculture should be identified in this context.

However, as regards the possible need for public decision makers to set aside specific locations dedicated to the development of aquaculture, there were rather different views expressed in the consultation for the preparation of the Aquaculture Communication issued in 2009.

The need for designation of specific aquaculture sites –including supporting the existing ones is seen as necessary by the French Aquaculture Association. The EAS board is of the view that reserved specific locations are probably crucial for the sustainability of shellfish sector as well as for artisanal finfish production in riverside and coastal zones. The Greek producers report that their central administration has decided to move towards the creation of designated aquaculture zones, or Areas of Organised aquaculture development, in response to the need for better control, collective managements within a flexible business environment, but also with respect to natural resources. The Dutch department of fisheries, recognising inconsistent legislation at different government levels, considers that the establishment of specific locations for aquaculture development could prevent the damaging of vulnerable ecosystems.

The scientific community appears generally supportive of spatial planning initiatives, but highlights also the need for research to develop methodologies for comprehensive and multidimensional approaches. Some NGOs (MCS) also express their support of the principle, subject to strategic environmental impact assessment. They consider that it will increase certainty for industry as government licensing bodies will abide by the Marine Plan unless significant impacts revealed by environmental impact assessments.

Ireland – Zoning for aquaculture activities in some SPA management plans

Special Protection Areas designated under the Birds Directive (79/409/EEC) are part of the Natura 2000 network and can be managed in accordance with specific management plans that contain rules and regulations for activities to be carried out in the area. Some SPA management plans for sites with existing aquaculture or potential for future aquaculture development contain specific aquaculture zone management plans (AZMPs) which divide the SPA area into the following subzones:

Zone W – Highly Sensitive Zone These are the most sensitive areas within SPAs relevant to the bird species for which the area has been designated. Aquaculture will not be allowed to develop in these areas. In theory, existing aquaculture operations in Zone W may have to be moved. However, very little aquaculture is actually practised in any Zone W areas and so far no operation had to be moved. NPWS (Dúchas) do not see this as being a significant area of conflict. In the case of any aquaculture operation being forced to move, a compensation package will be agreed between the licensed aquaculture operator and NPWS (Dúchas).

11 Zone X – Transition Zone (Sensitive Zone) In these areas aquaculture and wildlife may co-exist subject to conditions. Expansion of existing operations or new aquaculture applications will be considered on a case by case basis. As there is only limited scientific knowledge available on these areas, further research may necessitate the rezoning as Zone W or Zone Y.

Zone Y – Less Sensitive Zone Zone Y areas are included inside the SPA but have low usage by the bird species for which it has been designated. In these areas the regulation of aquaculture will be in line with the Department of Communication, Marine & Natural Resources’ licensing legislation.

Zone Z – External Influence Zones These areas are on the edge of the designated SPAs where aquaculture activity may still have an effect on the designated site through noise levels or access routes etc. Some regulations may apply for these areas. They will be considered on a case by case basis.

Reference: http://www.bim.ie/templates/text_content.asp?node_id=489

5. TARGET AUDIENCE

The audience of this technical guidance document on aquaculture and Natura 2000 comprise all players in the development and approval process of aquaculture activities: - Aquaculture producers (companies and organisations) - National/regional/local competent authorities, including on nature conservation and coastal and marine issues (planning, permits, etc.) - NGOs - Local communities, broader public.

6. WORKING METHODOLOGY

The envisaged process for the preparation of the technical guidance document on aquaculture and Natura 2000 involves:

- Promoting the dialogue between the aquaculture sector and other stakeholder groups to improve understanding and proper interpretation of the provisions under the Habitats Directive (in particular article 6.3 on the assessment of effects on Natura 2000). - Analysing possible conditions and constraints created by the Natura 2000 network to aquaculture. - Enhancing exchange of information on existing experiences, good practice and lessons learnt from earlier plans and projects regarding the integration of aquaculture in Natura 2000 network. - Analysing existing guidance and identify where further guidance might be necessary.

Particular attention should be paid to identify prevention and mitigation measures that can remove or reduce the potential negative effects of aquaculture on biodiversity and to promote beneficial impact of some types of aquaculture, which will also promote the recognition of aquaculture as a sustainable sector and a level playing field for the sector.

12 Review of good practice examples

Good practices should be identified in relation to these issues, based on an analysis of relevant case studies. Lessons learnt from unsuccessful experience are also important to bear in mind. Some examples of relevant subjects are summarised below: - Production of plans at either national or local level which take into account conservation areas and provide a clear guide to the aquaculture industry, decision-makers and the public about the locations where aquaculture may take place, but also where it is unlikely to be allowed. - Appropriate assessment (art. 6.3) in the development of aquaculture activities. - Examples of aquaculture activities within or close to Natura 2000 areas.

7. WORKPLAN

A group of external consultants (The N2K Group, EEIG) has been commissioned to assist the DG Environment in the preparation of drafts of the guidance document on aquaculture and Natura 2000. The work will be supervised by an ad-hoc working group (AHG) chaired by the Commission. This group will consist of experts from interested Member States, representatives of key stakeholders including Aquaculture associations and NGOs, DG Environment and DG Mare. The ad hoc working group should incorporate inputs and expertise from different available initiatives. The preparation of the guidance document is thus envisaged as a participatory process that will include the following main activities: - Collection and analysis of information on relevant topics, including the EU legislative and policy context, overview of different aquaculture activities and their potential effects on the natural environment, existing good practice guidance and examples (case studies) in relation to the key issues identified, etc. - Setting-up of the of the ad-hoc working group (AHG). The AHG will be set-up in January 2011. - A first meeting of the AHG group will be held during the first half of February 2011. It will discuss the scope of the work and an outline of the future guidance document. - A first draft of the guidance document is expected to be available by mid April 2011. The draft will be prepared by the N2K Group on the basis of the outline agreed during a first meeting with the AHG. - The AHG will provide their written comments by mid May 2011. - The second meeting of the AHG to discuss first draft and the comments will take place by end May 2011. - A second draft of the guidance document is expected to be available by end June 2011. It will be prepared taking into account the comments and suggestions received from AHG on the first draft. - The AHG will provide their written comments by end July 2011. - The third meeting of AHG will take place by mid September 2011. - A third - final draft is expected to be available by mid October. It will be prepared taking into account the comments and suggestion received from AHG on the second draft and from consultation of Member States. Committees of MS + ACFA will also be consulted during the process.