Definition and Terminology of Aquaculture
Aquaculture refers to the controlled breeding, keeping, and production of aquatic organisms, such as fish, crustaceans, mollusks, and aquatic plants, in artificially created or natural but limited-use water bodies. The goal of aquaculture is the use of aquatic resources for commercial, food production, or other economic purposes. It is distinguished from traditional fisheries in that aquaculture involves intervention in the organisms’ development cycle, whereas fisheries are limited to the capture of wild animals.
Legal Foundations and Regulations for Aquaculture in Germany and the EU
National Legal Foundations
In Germany, aquaculture is primarily governed by various pieces of legislation, including water law, environmental law, as well as specific hygiene and food regulations:
Federal Water Act (WHG)
The Federal Water Act (WHG) regulates the use of surface water and groundwater in Germany. The establishment and operation of an aquaculture facility require a water law permit or license, especially if surface water is to be withdrawn or discharged. The permit requirement relates to aspects such as water demand, return to the water cycle, and potential pollutant loads, particularly nutrients and pharmaceuticals.
Animal Welfare Act (TierSchG)
The Animal Welfare Act applies to the keeping of aquatic animals. It contains requirements for species-appropriate husbandry, feeding, and care, as well as regulations for transport and slaughter. Operators of aquaculture facilities are obligated to avoid pain, suffering, or injury to the animals as much as possible.
Animal Welfare – Livestock Husbandry Ordinance (TierSchNutztV)
This ordinance contains specific regulations for the keeping of livestock and applies to certain aquatic species, such as trout or salmon. It sets minimum standards for housing sizes, water quality, feeding, and animal monitoring.
Food and Feed Code (LFGB)
Aquatic products are subject to the food law provisions of the LFGB. The regulations concern, in particular, hygiene, traceability, labeling, as well as limits for residues and contaminants. Equivalent requirements apply to feed.
European Legal Provisions
Common Fisheries Policy (CFP)
Aquaculture is incorporated as a subsector of the European Union’s Common Fisheries Policy. The CFP regulates, among other things, sustainable production methods, market regulations, and funding opportunities within the European Maritime, Fisheries and Aquaculture Fund (EMFAF).
Regulation (EC) No. 852/2004 on Food Hygiene
This regulation prescribes general hygiene requirements for food business operators, including those engaged in primary production (aquaculture). Operators are responsible for hazard analysis, process monitoring, and product traceability.
Regulation (EC) No. 853/2004 with Specific Hygiene Requirements for Food of Animal Origin
This regulation specifies hygiene requirements for the further processing and marketing of aquatic products and contains rules on the registration of establishments and official controls.
Animal Disease Law
Aquaculture is also subject to animal health law regulations, for example Regulation (EU) 2016/429 (Animal Health Law), which prescribes measures for the prevention and control of transmissible diseases. This includes reporting requirements in the event of suspected outbreaks of disease and orders regarding control measures.
Environmental Requirements
Aquaculture enterprises are subject to various environmental law provisions. The Federal Immission Control Act (BImSchG) may apply to certain large operations, provided significant emissions or considerable environmental impacts are to be expected. In addition, the requirements of nature conservation law, especially the Federal Nature Conservation Act (BNatSchG) and the relevant state laws, must be observed. Natural areas, FFH areas, and Natura 2000 areas are subject to special protection provisions, which can influence the planning and operation of aquaculture facilities.
Certain types of enterprises require environmental impact assessments (EIA) under the Environmental Impact Assessment Act (UVPG), especially for large-scale facilities or interventions in sensitive aquatic systems.
Water Protection and Nutrient Management
The operation of aquaculture can lead to the entry of nutrients and other substances into water bodies. The EU Water Framework Directive (2000/60/EC) sets objective environmental quality targets and affects the design, site selection, and management of operations. Implementation into national water law requires that such entries be minimized and ecological compatibility ensured.
Aspects of Building Law and Planning
For the construction and operation of stationary aquaculture facilities, building law provisions of the respective federal states must be observed. In rural areas (§ 35 BauGB), aquaculture facilities are preferentially permitted if they are related to agriculture and meet the requirements for preferential treatment. In other cases, they require approval as other projects, with environmental, nature conservation, and water protection concerns being particularly relevant for review.
Labor and Social Law
Operators of aquaculture must comply with the requirements of the Working Hours Act (ArbZG), the Occupational Safety and Health Act (ArbSchG), and the regulations on social insurance. Certain activities, such as handling hazardous substances or operating machinery, require additional safety training and are subject to special occupational safety regulations.
Funding Programs, Approvals, and Official Supervision
Funding Opportunities
Aquaculture enterprises may benefit from national and European funding programs, such as the EMFAF or state agricultural investment funding programs, under certain conditions. Funding applications usually require detailed descriptions of planned measures, evidence of compliance with environmental and animal welfare regulations, and a coherent business plan.
Approval Procedures
Before commencing activity, an application procedure is usually required with the competent authorities (water authorities, veterinary offices, district offices). As part of the procedure, evidence regarding water law, animal health, environmental protection, building law compliance, and hygiene matters must be submitted.
Supervision and Control
Aquaculture enterprises are subject to regular inspections by veterinary offices, food surveillance authorities, and environmental authorities. These inspections are intended to ensure compliance with legal requirements regarding animal welfare, environmental protection, water protection, and food hygiene. Violations may lead to the prohibition of operations or to fines.
Special Legal Issues in Aquaculture
Species Protection and Protection of Endangered Species
Special protection regulations exist for certain animal species, for example under the Washington Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the Federal Species Protection Ordinance. The keeping and trading of protected species in aquaculture is only permitted under strict conditions, possibly requiring special permits.
Conflicts and Neighboring Rights
Due to potential emissions (odors, noise, wastewater), there may be neighbor law disputes. The respective applicable regulations on emission control, the neighbor law of the federal states, and the German Civil Code (BGB) determine the scope and limits of permissible use.
Import and Export
Special regulations apply to the import and export of aquatic organisms, including animal disease health certificates, customs formalities, and species protection requirements. Compliance with veterinary authority requirements is mandatory for obtaining export permits.
Overview of Key Legal Sources
- Federal Water Act (WHG)
- Animal Welfare Act (TierSchG)
- Animal Welfare – Livestock Husbandry Ordinance (TierSchNutztV)
- Food and Feed Code (LFGB)
- Federal Nature Conservation Act (BNatSchG)
- Building Code (BauGB)
- Federal Immission Control Act (BImSchG)
- Regulation (EC) No. 852/2004 and No. 853/2004
- Regulation (EU) 2016/429 (Animal Health Law)
- EU Water Framework Directive (2000/60/EC)
- CITES and Federal Species Protection Ordinance
Conclusion
Aquaculture is a complex, highly regulated field whose legal basis results from the interplay of European and German law. Operators of aquaculture facilities must contend with a comprehensive body of regulations ensuring environmental compatibility, animal welfare, food safety, and the protection of particularly affected species. Legally compliant management requires thorough knowledge and observance of the relevant regulations as well as close coordination with the competent authorities.
Frequently Asked Questions
What permits are required to operate an aquaculture facility?
Operating an aquaculture facility in Germany requires various official permits, derived in particular from the Federal Water Act (WHG), the Federal Immission Control Act (BImSchG), the Animal Welfare Act (TierSchG), and fisheries law. Central is the water law permit under § 8 WHG, required if water is withdrawn, diverted, or discharged into bodies of water for operation. Depending on the facility’s size and the feeds used, a permit under the Federal Immission Control Act (BImSchG) may also be necessary, especially if the facility could emit noise, odors, or water pollution. Additionally, a building permit must usually be obtained under building law. The fisheries law permit is governed by the respective state fisheries law, which sets requirements for stocking and fish health. Furthermore, animal welfare requirements under the TierSchG must be observed, for example regarding keeping and transport. The applicant must generally submit a detailed business plan, water and wastewater plans, as well as, if applicable, additional environmental impact assessments. Compliance with all legal requirements is regularly monitored by the competent authorities.
What environmental requirements must operators of aquaculture facilities observe?
Operators of aquaculture facilities are subject to a range of environmental requirements governed by various legal sources. Under the Federal Water Act (WHG), the protection of groundwater and surface waters from pollution must be ensured, which includes the treatment and, if necessary, purification of used and discharged water. The discharge of nutrients, medications, or other substances is regularly monitored against established limits. The Circular Economy Act requires the sustainable handling of waste and residual materials generated in aquaculture. In addition, under the Federal Nature Conservation Act (BNatSchG), protected areas such as Natura 2000 sites or FFH areas must be given special consideration—in such areas, special restrictions may apply. For the keeping and handling of animals, proof of measures to maintain health and protect ecological diversity must be provided. In breeding and keeping of non-native or genetically modified species, special EU regulations and national rules on biodiversity and dispersal of wild animals must also be considered. Finally, if the facility is of significant size or may have environmental impacts, an environmental impact assessment (EIA) may be required under the Environmental Impact Assessment Act (UVPG).
What reporting and documentation obligations apply to aquaculture enterprises?
Aquaculture enterprises are required to comply with extensive reporting and documentation obligations to ensure both traceability and oversight of operations. According to the Fish Hygiene Regulation (Regulation (EC) No. 853/2004), all production batches and operational data must be fully documented. In particular, the stock, stocking measures, feed used, medications applied, and animal health measures must be recorded. Pursuant to the Animal Welfare Act, husbandry conditions and any injured or sick animals must also be documented. Water extraction and discharge quantities must be regularly reported to the competent water authority (water register requirement). For certain species or larger facilities, the respective state fisheries laws or regulations require additional notifications, for instance when establishing new operations or making significant operational changes. When antibiotics or other medicinal products are used, additional reporting requirements apply under veterinary medicinal law. Business documents such as delivery notes and veterinary certificates must generally be retained for several years.
What liability risks exist for aquaculture operators from a legal perspective?
Aquaculture operators are liable in various areas of law for damages caused or legal violations. Breaches of environmental requirements (e.g., water pollution) can result in substantial fines under environmental law or even lead to criminal prosecution. If, for example, improper handling of medicines leads to water pollution or poses a risk to other water users, the operator may be held liable for any resulting damage. Animal welfare violations or negligent disease outbreaks can also result in claims for damages from affected third parties or animal welfare organizations. Lastly, there is product liability under food and feed law: If products that violate hygiene regulations and endanger health are placed on the market due to negligence, the operator may be liable for consequential damages to consumers under the Product Liability Act (ProdHaftG). Violations of occupational safety law requirements may also result in specific liability risks.
How are species protection requirements considered in the approval of aquaculture facilities?
The approval of aquaculture facilities must not infringe on species protection concerns under the Federal Nature Conservation Act (BNatSchG) and the relevant EU species protection regulations. This especially applies to the handling of native and non-native species. If non-native or invasive fish species are used, strict reporting obligations and, if necessary, prohibitions in accordance with EU Regulation No. 1143/2014 on invasive alien species must be observed. In the event that strictly protected species are endangered, such as by displacement, a special exemption permit must be obtained. The responsible nature conservation authorities will thoroughly assess the impacts of planned facilities on flora and fauna and may impose conditions on the approval or deny it if species protection is at risk. When establishing in protected areas (such as Natura 2000), special requirements such as compatibility assessments according to § 34 BNatSchG are mandatory. Operators must, if necessary, plan and provide evidence of protective and compensatory measures.
What regulations apply to the use of pharmaceuticals and chemicals in aquaculture?
The use of pharmaceuticals and chemicals in aquaculture is subject to specific regulations under veterinary medicinal law as well as water and environmental law. Pharmaceuticals may generally only be administered based on a veterinarian’s indication and in compliance with the requirements of the Veterinary Medicinal Products Act (TAMG). All treatments must be documented. Maximum residue limits and withdrawal periods must be observed before fish can be marketed. The proper disposal of unused pharmaceuticals is also regulated by law. Chemicals used for disinfection or to improve water quality must leave no impermissible residues in the fish or in wastewater; this is subject to, among others, the Chemicals Act (ChemG) and the Hazardous Substances Ordinance (GefStoffV). The use of certain substances, such as cadmium or mercury, is strictly regulated or prohibited both nationally and at the EU level (REACH Regulation). Violations can result in fines, operational restrictions, or criminal consequences.
Who monitors compliance with legal requirements in aquaculture and how is this control exercised?
Compliance with legal requirements in aquaculture businesses is monitored by various supervisory authorities at the state and federal level. The most important role is played by the veterinary offices, which conduct veterinary inspections concerning animal welfare, animal health, and hygiene regulations. The water authorities oversee compliance with water law requirements and regularly collect water samples. The lower nature conservation authorities check, in particular, compliance with species protection and nature conservation regulations. In the case of larger facilities or special incidents, the environmental authority is also involved. Inspections are carried out both routinely and as needed (for example, following reports of violations or environmental incidents). In addition, documentation obligations are checked as part of operational audits. If violations are found, authorities can impose restrictions, levy fines, or—in extreme cases—temporarily close the operation.
