Standard 1 — Community
Property Rights and Regulatory Compliance
Farms shall comply with local and national laws and envi- ronmental regulations, and provide current documenta- tion that demonstrates legal rights for land use, water use, construction and operation.
Reasons for Standard
Certified farms shall comply with applicable business-related laws and regulations for mangrove protection, effluents, operation of landfills, predator control, etc. These regula- tions are needed to assure that shrimp farms provide perti- nent information to governments and pay fees to support such programs. BAP requires compliance because it recognizes that not all governmental agencies have sufficient resources to effectively enforce laws.
Some shrimp farms have been sited on coastal land to which farm owners do not have legal right. Such farms are usually found in undeveloped areas under government ownership where land use is poorly controlled. This land may be occu- pied by landless people or used by coastal communities for hunting, fishing and gathering. Unauthorized installation of shrimp farms can displace landless people and interfere with the use of resources by local communities.
Implementation
Regulations regarding the operation and resource use of shrimp farms vary significantly from place to place. Among other requirements, such laws can call for:
• business licenses
• aquaculture licenses
• land deeds, leases or concession agreements • land use taxes
• construction permits
• water use permits
• mangrove protection
• effluent permits
• predator control permits
• well operation permits
• landfill operation permits.
ACC evaluators cannot know all laws that apply to shrimp aquaculture in all nations. Participating farms have the re- sponsibility to obtain all necessary documentation for siting, constructing and operating their facilities.
Assistance in determining these necessary permits and li- censes can be sought from governmental agencies responsi- ble for agriculture, environmental protection, fisheries and aquaculture, water management, and transportation, as well as local aquaculture associations. ACC evaluators must also be- come familiar with the legal requirements within the areas they service.
During the ACC inspection, the farm representative shall pres- ent all necessary documents to the evaluator. All documents shall be current, and farms shall be in compliance with the requirements stipulated by the documents. For example, if a farm has an effluent discharge permit with water quality standards, those standards shall be enforced. In cases where governmental agencies have waived one or more permits, proof of these waivers shall be available.
For Additional Information
Codes of Practice for Responsible Shrimp Farming
C. E. Boyd — 1999
Global Aquaculture Alliance St. Louis, Missouri, USA
Natural Resources Forum
Volume 15, 1991, pp. 66-72
“Aquacultural Development in Tropical Asia” C. Bailey and M. Skladany
FAO Fisheries Report No. 572
Report of the Bangkok FAO Technical Consultation on Policies for Sustainable
Shrimp Culture
Bangkok, Thailand, December 1997
FAO — 1998 Rome, Italy
FAO Fisheries Report No. 659
Report of the Expert Consultation on Food Management Practices and Good Legal and Institutional Arrangements for Sustainable Shrimp Culture
Brisbane, Australia, December 2000
FAO/Government of Australia — 2001 Rome, Italy
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