Table of Contents

Aquaculture Law and Policy

Aquaculture Law and Policy

Global, Regional and National Perspectives

New Horizons in Environmental and Energy Law series

Edited by Nigel Bankes, Irene Dahl and David L. VanderZwaag

With aquaculture operations fast expanding around the world, the adequacy of aquaculture-related laws and policies has become a hot topic. This much-needed book provides a three-part guide to the complex regulatory landscape. The expert contributors first review the international legal dimensions, including chapters on law of the sea, trade, and access and benefit sharing. Part Two offers regional perspectives, discussing the EU and regional fisheries management organizations. The final part contains eleven case studies exploring how leading aquaculture producing countries have been putting sustainability principles into practice.

Chapter 14: Aquaculture law and administration in Norway

Ingunn Elise Myklebust

Subjects: environment, environmental law, environmental politics and policy, law - academic, environmental law

Extract

This chapter provides an overview of the legislation and administrative bodies that play a leading role in the process of determining where to locate new aquaculture projects in Norway. The chapter addresses how conflicts between use and protection are considered and resolved before new sites for aquaculture can be approved. The Norwegian management system for aquaculture is very fragmented. The sea area is open to everyone to use and is not subject to private ownership. It is an area with both national and regional interests, and several governmental sector authorities, including fisheries, aquaculture, environmental, food and port authorities, have a role to play. In Norway there are no administrative or environmental courts. In most cases the question of whether an area should or should not be used for aquaculture, and under what conditions, is finally settled through administrative decisions. Norway is a unitary state. The counties and the municipal authorities are controlled by Parliament through legislation. Norway is not a member of the European Union (EU), but is greatly affected by EU policies and directives through the Agreement on the European Economic Area (EEA Agreement). National legislation has largely tried to integrate international legal principles, such as spatial planning, the integration principle, public participation, the ecosystem approach and the use of environmental impact assessment. This chapter discusses the different important national laws, how they work together, and how international principles are integrated in the different laws and administrative processes.

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