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5. LEGISLATION, OWNERSHIP AND COMPETING INTERESTS

5.2.2 Law No. 5351/33: A law which requires the developer to obtain permission from the Ministry of Culture for any aquaculture development (for the protection of sites of archaeological importance).

5.2.3 Law No. 1650/86: A basic law relating to pollution control. Specific regulations have to be defined by Presidential Decree and those relevant to aquaculture are Decrees No. 24/85 and 125/86 requiring the developer to provide an environmental impact study for any proposed project.

5.3 Ownership and Sources of Competition

5.3.1 Coastal sea, rivers and lakes are in state ownership, as are the majority of lagoons. A small number of smaller lagoons are owned by local authorities.

5.3.2 There is widespread state ownership of land and government departments are prepared to lease areas of land for aquaculture development.

5.3.3 Despite the large coastline, general patterns of population settlement in Greece can give rise to intense competition for both land and water resources. The mountainous and largely barren interior and the predominance of steep, exposed shoreline have resulted in concentrations of population in a limited number of flat, fertile areas around the coast. The availability of locations suitable for development with infrastructure, basic services and labour force is not nearly as widespread as might be supposed. Low rainfall and the dependence on underwater springs for water for human consumption and irrigation can limit opportunities for freshwater aquaculture.

Island locations, particularly those where tourism has not been developed on an industrial scale, are often lacking in basic infrastructure, services and communications. Current investment policies, through integrated development programmes, are designed to correct these weaknesses.

5.3.4 Competition for resources for aquaculture development in Greece arises from the following

In addition to the above, pressure on aquaculture can arise from its being perceived by the public as a potential source of pollution and by traditional fisheries interests as a potential source of competition in capture fisheries' markets.

5.4 Current Customary Practice

5.4.1 The basic legislation for aquaculture is some 20 years old and has been designed principally for the exploitation of freshwater and lagoons. Articles 44 and 64 are being used for the provision of leases and protective zones around on-growing cages in coastal locations. The normal period of lease is 10 years and the zones prohibit fishing activity in an area up to 200 metres around the cages.

5.4.2 Freshwater and lagoon areas are leased by the Ministry of Agriculture mainly to cooperatives. Single cooperatives are in general preferred as management is more effective where they are involved.

5.4.3 Local regulations in respect of methods, seasons and prohibited areas are applied. In lagoon management, local regulations are put into effect through specific conditions of contract in leases given to cooperatives.

5.4.4 Current levels of direct taxation on production are 25% in lagoons and 10% on extensive freshwater production. Lagoon fisheries are subject to a further 5% levy which is used for re-investment in capital projects such as roads, traps, pond construction and dredging schemes designed to improve the fisheries. It is widely accepted that current taxation levels result in concealment of production and that these will be significantly reduced by the government in the near future.

Lagoons owned by local authorities are not subject to direct taxation. Income is raised through auctioning of the lease.

5.4.5 Cage culture of marine fish and mussel culture are not directly taxed, nor are there any plans to introduce taxation of this type. There is, however, a charge for leases - Dr 3 000-6 000/1 000 m2/year for cages, and Dr 2 000/1 000 m2/year for mussel cultivation.

5.4.6 The developer is required by law to obtain permission from the Ministries of Defence and Culture. Current practice is to consult additional departments and interests. These include the local authorities, coastal navigation, tourist and other sectoral interests. The Ministry of Agriculture, through coordinating committees of officials, attempts to resolve difficulties and facilitate the progress of applications. Responses from local authorities to proposals from ‘outside’ developers are normally negative.

Currently there are problems with consultations with the Ministry of Culture who have not been able to undertake underwater site investigations. These problems appear to be caused by a lack of funding rather than by objections in principle to aquaculture development.

Cage farms in coastal areas are now required to be marked by a buoy with a flashing light. Although not obliged to do so, some farms also install radar reflectors on cage groups.

5.4.7 Applications are reported by the Ministry as typically taking between 6 months and 1 year to clear. There is, however, a considerable degree of dissatisfaction expressed by commercial operators about the delays and complexities involved both in licence application and in the acquisition of financial assistance.

5.4.8 At the present time, insurance for projects is not mandatory. The Agricultural Bank has, however, begun to make insurance for intensive cultivation projects a condition for the provision of credit facilities. The departments responsible for provision of grant assistance only recommend that projects be insured.

5.5 Future Needs

5.5.1 It is to be generally expected that the development of cage culture will give rise to as yet unforeseen needs. Specific legislation will be required, although current provisions seem adequate to get new forms of production started.

5.5.2 New initiatives in the regulation of intensive and extensive production in marine and brackishwater environments will be necessary if current development programmes are implemented. Increased stocking levels and feeding and disease control practices could give rise to stresses in lagoons and around cages. Research programmes to identify safe limits will be required and appropriate controls subsequently introduced.

These controls will also help to protect the industry's reputation for providing healthy fish and fish products.

5.5.3 Good research and effective controls will help to increase public confidence and must help to improve aquaculture's present poor public image as a source of pollution.

5.5.4 Under present legislation and practice in Greece, investment is secured against leases which are normally for 10 years duration. However, there is no provision for the protection of the investment against the future establishment of a competing industrial or other activity in the same locality. Fish and shellfish cultivation projects could be eliminated by unforeseen industrial developments and some provision should be made for their protection.

A possible solution could be the creation of zones wherein aquaculture developments are given priority status. Such status would be defined by national legislation and would be applied after consultations with and the agreement of local and national departments and interests.

In addition to protecting investments, such zoning would have the additional advantage of making individual applications considerably less complex. The prospective developers would not have to seek the agreements and permissions of each department, as is the case at present.

Such a system should also enable public agencies to provide a more efficient, ‘single-door’ approach to developers seeking licences and assistance.

5.5.5 To prevent increased conflict between aquaculture development and the national heritage interests, the government should provide funds for underwater site investigations.

5.5.6 The more general and fundamental issue of local objection to development proposals, which appears to be as widespread in rural areas of Greece as it is in other countries, requires decisions of policy rather than special legislation. However, in its allocation of licences, the government should avoid the monopolization of sea areas by individuals or firms. If these precautions are not taken, local objection will be more likely to intensify and future business opportunities for local communities lost.

5.6 Summary

5.6.1 Present legislation has been designed for the more traditional forms of aquaculture but is adequate for the initial development of new forms of production. Special legislation will be needed, however, and the effects of new forms of production on the environment will need to be monitored and controls introduced. Zoning for aquaculture would protect investments and reduce the current complexities involved in the acquisition of licences.

Direct taxation on production is high and should be reduced.

Despite the large coastline, aquaculture developments can face strong competition from a wide range of other uses of the resources.


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