Table Of ContentAquaculture 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 aquacul-
ture; resolution of aboriginal offshore title and rights claims; recognition of inter-
national 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 multi-
disciplinary perspective, encompassing a wide range of aspects of
interrelationships between the oceans and seas on the one hand, and mar-
itime 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
First published 2006
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Simultaneously published in the USA and Canada
by Routledge
270 Madison Ave, New York, NY10016
This edition published in the Taylor & Francis e-Library, 2006.
“To purchase your own copy of this or any of Taylor & Francis or Routledge’s
collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.”
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2006 Selection and editorial matter, David L. VanderZwaag and
Gloria Chao; individual chapters, the contributors
All rights reserved. No part of this book may be reprinted or
reproduced or utilized in any form or by any electronic, mechanical,
or other means, now known or hereafter invented, including
photocopying and recording, or in any information storage or
retrieval system, without permission in writing from the publishers.
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
ISBN10: 0-415-70201-1 (hbk)
ISBN10: 0-203-96655-4 (ebk)
ISBN13: 978-0-415-70201-0 (hbk)
ISBN13: 978-0-203-96655-6 (ebk)
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. MCCONNELL
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. MCDORMAN 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
