Aquaculture Law and Policy

Aquaculture Law and Policy Aquaculture is a rapidly expanding industry predicted to play an increasingly important role in meeting demand for fish. The essays in this volume focus on getting a “good governance” grip on the aquaculture industry, which is facing major environmental and social challenges. The book highlights the numerous law and policy issues that may need to be addressed in the search for effective regulation of aquaculture. Those issues include, among others: the equitable assignment of property rights; the design of effective dispute resolution mechanisms; adoption of a proper taxation system for aquaculture; resolution of aboriginal offshore title and rights claims; recognition of international trade law restrictions such as labeling limitations and food safety requirements; and determination of whether genetically modified fish should be allowed and, if so, under what controls. The main themes running through the book are the need to understand and address major limitations in existing aquaculture laws and policies, particularly the “free-market” leasing/licensing approach and lack of integrated coastal planning processes; and the need to rethink national aquaculture laws and institutional arrangements in light of international environmental principles, such as integration, precaution, public participation, community-based management, intergenerational equity and indigenous rights developments. While previous books on this topic have tended to be descriptive and narrowly focused on just one country, Aquaculture Law and Policy attempts to be prescriptive and comparative in its analyses, suggesting ways in which aquaculture legislation might be reformed in light of sustainable development principles and drawing on global and other national experiences. David L. VanderZwaag, Canada Research Chair in Ocean Law and Governance at Dalhousie Law School, is a member of the Commission on Environmental Law (CEL) and the World Conservation Union (IUCN), and presently co-chairs the IUCN Specialist Group on Oceans, Coasts and Coral Reefs. Gloria Chao practices environmental and energy law with the Vancouver office of Blake, Cassels & Graydon LLP. Prior to joining Blakes, Gloria obtained a Master of Laws degree in marine environmental law and completed a clerkship with the Supreme Court of Canada. Routledge advances in maritime research Edited by H. D. Smith Cardiff University, UK The oceans and seas of the world are at a critical juncture in their history. The pressures of development brought about by the globalization of the world economy continue to intensify through the major sectors of ocean use. In parallel, marine management and policy issues become larger, more numerous and more urgent. The response of this series is to provide in- depth analysis of ocean development, management and policy from a multidisciplinary perspective, encompassing a wide range of aspects of interrelationships between the oceans and seas on the one hand, and maritime human activities on the other. Several strands run through the series: • Studies of the development and management of major ocean industries and uses including shipping and ports; strategic uses; mineral and energy resources; fisheries and aquaculture; the leisure industries; waste disposal and pollution; science and education; and conservation. • Inter- and multidisciplinary perspectives provided by the natural sci- ences, geography, economics, sociology, politics, law and history. • Responses to the need to devise integrated ocean policies and management measures which cover the deep oceans, the bordering seas and coastal zones. • Regional studies at a variety of geographical scales from large ocean regions to regional seas. The series is of interest to all concerned professionally with the oceans and seas, ranging from scientists and engineers to surveyors, planners, lawyers and policy-makers working in the public, private and voluntary sectors. It is also of wider public interest to all those interested in or having a stake in the world ocean and its bordering seas. 1 Development and Social Change in the Pacific Islands Edited by A. D. Couper 2 Marine Management in Disputed Areas The case of the Barents Sea Robin Churchill and Geir Ulfstein 3 Marine Mineral Resources Fillmore C. F. Earney 4 The Development of Integrated Sea-Use Management Edited by Hance D. Smith and Adalberto Vallega 5 Advances in the Science and Technology of Ocean Management Edited by Hance D. Smith 6 World Fishery Resources James R. Coull 7 International Law and Ocean Use Management Lawrence Juda 8 Sustainable Ocean Governance Adalberto Vallega 9 Shipping and Ports in the Twenty-First Century Globalization, technological change and the environment Edited by David Pinder and Brian Slack 10 Managing Britain’s Marine and Coastal Environment Towards a sustainable future Edited by Hance D. Smith and Jonathan Potts 11 International Maritime Transport Perspectives Edited by James McConville, Alfonso Morvillo and Heather Leggate 12 Towards Principled Oceans Governance Australian and Canadian approaches and challenges Edited by Donald R. Rothwell and David L. VanderZwaag 13 Aquaculture Law and Policy Towards principled access and operations Edited by David L. VanderZwaag and Gloria Chao Aquaculture Law and Policy Towards principled access and operations Edited by David L. VanderZwaag and Gloria Chao r1 Routledge ~ ~ Taylor & Francis Group LONDON AND NEW YORK First published 2006 by Routledge Published 2017 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN 711 Third Avenue, New York, NY 10017, USA Routledge is an imprint of the Taylor & Francis Group, an informa business Copyright © 2006 Selection and editorial matter, David L. VanderZwaag and Gloria Chao; individual chapters, the contributors Typeset in Garamond by Wearset Ltd, Boldon, Tyne and Wear The Open Access version of this book, available at www.tandfebooks.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging in Publication Data A catalog record for this book has been requested ISBN 13: 978-0-415-70201-0 (hbk) Contents List of illustrations x Notes on contributors xi Foreword xvi Acknowledgments xvii List of abbreviations xix Introduction: Aquaculture law and policy: struggling in the wake of the blue revolution 1 DAVID L. VANDERZWAAG PART I Aquaculture law and policy at the millennium: global trends and challenges 11 1 Global challenges in the regulation of aquaculture 13 WILLIAM HOWARTH 2 Global trends in aquaculture development 37 NATHANAEL HISHAMUNDA PART II Canadian experiences and challenges in aquaculture law and policy 47 3 Canadian aquaculture and the principles of sustainable development: gauging the law and policy tides and charting a course 49 DAVID L. VANDERZWAAG, GLORIA CHAO AND MARK COVAN viii Contents 4 Property rights in Canadian aquaculture: a principled approach 115 PHILLIP M. SAUNDERS AND RICHARD FINN 5 Conflict prevention and management: designing effective dispute resolution strategies for aquaculture siting and operations 171 MOIRA L. MC CONNELL 6 Mariculture and Canadian maritime law: an unexplored relationship 207 ALDO CHIRCOP 7 The taxation of aquaculture in Canada: a comparison with the taxation of agriculture and its policy implications 244 FAYE WOODMAN PART III Aboriginal title and rights in aquaculture 269 8 The potential impact of aboriginal title on aquaculture policy 271 DIANA GINN 9 Aquaculture law and policy in Canada and the duty to consult with Aboriginal peoples 293 RONALDA MURPHY, RICHARD DEVLIN AND TAMARA LORINCZ 10 Indigenous rights: implications for aquaculture 331 DOUGLAS SANDERS PART IV International trade dimensions in aquaculture 353 11 Aquaculture and the multilateral trade regime: issues of seafood safety, labeling and the environment 355 TED L. MC DORMAN AND TORSTEN STRÖM Contents ix 12 Food safety and farmed salmon: some implications of the European Union’s food policy for coastal communities 385 JOHN PHYNE, RICHARD APOSTLE AND GESTUR HOVGAARD 13 Transgenic fish: some Canadian regulatory issues 421 DOUGLAS MOODIE PART V Comparative national legal approaches 461 14 Offshore marine aquaculture in US federal waters: picking up the pieces and painting a picture 463 JEREMY FIRESTONE 15 Australian aquaculture: opportunities and challenges 488 MARCUS HAWARD 16 New Zealand mariculture: unfairly challenged? 504 HAMISH RENNIE 17 Conclusion: towards sustainable aquaculture through principled access and operations 524 ARTHUR HANSON Index 532 Illustrations Figures 15.1 Australian aquaculture production 489 15.2 Australian aquaculture: value 489 16.1 New Zealand and places mentioned in the text 506 Tables 7.1 Provincial lease and license systems 260–261 16.1 Production and value of New Zealand marine aquaculture, 2001 510 Notes on contributors Richard Apostle is Professor of Sociology and Social Anthropology at Dal- housie University, Halifax, Canada. He is continuing aquaculture research and writing with Professors Hovgaard and Phyne. He is cur- rently completing a book concerning municipal change and local demo- cracy in the Faroes. Gloria Chao practices environmental law with Blake, Cassels & Graydon, Vancouver, Canada. Ms. Chao obtained a BCom from the University of British Columbia, her LLB and LLL degrees from the University of Ottawa, and her LLM degree, specializing in marine environmental

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