Law of Georgia on Aquaculture (No. 6408-IIS of 2020)

This Law defines the principles and legal grounds for the regulation and implementation of aquaculture activities, and regulates relations regarding property, the issuance of aquaculture permits, the allocation of zones for aquaculture in marine waters, and state control and other relations regarding aquaculture when carrying out aquaculture activities.
The objectives of this Law are: a) to regulate aquaculture activities in specific areas of the continental shelf (of the Black Sea) of Georgia, territorial waters (the territorial sea), the special economic zone ('the marine waters') and internal waters − water reservoirs (lakes, reservoirs, ponds, rivers, underground waters, brooks, canals, wetlands and other water reservoirs for breeding aquaculture objects); b) to promote the responsible and sustainable development of aquaculture; c) to protect the environment, and biodiversity and biological water resources, when implementing aquaculture activities; d) to ensure the rational and effective use of water and land resources when implementing aquaculture activities, and protect the interests of other water and land users; e) to ensure the implementation of aquaculture activities in accordance with the sustainable development goals of the United Nations; and f) to ensure the effective environmental monitoring and state control of aquaculture entities. Chapters III and V of this Law shall not apply to aquaculture activities carried out through a recirculating aquaculture system. This Law shall not apply to aquaculture structures which do not have direct contact with natural surface waters. Issues related to the protection of the environment in the field of aquaculture shall be regulated by this Law, the Law of Georgia on Environmental Protection, and other normative acts.
Aquaculture activities shall be regulated by this Law, other laws of Georgia, and the normative acts of the Government of Georgia and the Minister. When regulating and implementing aquaculture activities, the following basic principles shall be met: a) when implementing aquaculture activities, the application of an ecosystem approach, in order to preserve ecological safety and aquaculture products; b) the implementation of ecologically expedient technology for cultivating and/or growing aquaculture objects and managing the productive processes of water reservoirs; c) the implementation of aquaculture activities in places compatible with the goal of protecting the environment, and the use of water and land resources effectively and responsibly; d) the safe installation and placement of aquaculture structures; and when implementing aquaculture activities, consideration of the interests of other water and land users; e) the balanced and effective use of artificial food products to ensure the optimal growth of aquaculture objects and the reduction of environmental pollution to a minimum; f) managing the health of aquaculture objects, and preventing their infection and reducing the risks of spreading diseases and epizootic cases; g) the use of best practice in management, technology and equipment; h) consideration for the natural and socio-economic characteristics of water objects and their nearby territories when planning and implementing aquaculture activities; i) preventing and minimising the negative effects of agricultural and other activities on the cultivation and/or growing of hydrobionts for the purpose of putting them on the market for consumption; j) retaining the biological resources of the waters of Georgia and maintaining their quality; k) the stocking of fish in natural water reservoirs; l) assessing the environmental impact when implementing aquaculture activities in cases determined by legislation; m) monitoring the use of hybrid forms and invasive species when implementing aquaculture activities; n) reducing possible negative impacts on the aquaculture ecosystem and the environment; o) the compensation for damage to the environment; p) cooperating at the international level in the field of aquaculture; q) ensuring scientifically substantiated management and applying a scientific approach; r) collecting data and keeping statistics; s) managing waste; and t) ensuring the involvement of all interested parties. When implementing aquaculture activities, the production process shall be carried out in accordance with the health and wellbeing requirements of aquaculture objects from a technological and environmental view, as well as the requirements of the legislation of Georgia on food safety. Aquaculture shall be considered in spatial planning.
The Law further provides for state management and sustainable development of aquaculture; state management of aquaculture; the aquaculture interagency council; the aquaculture advisory council; aquaculture permits; general procedure for issuing aquaculture permits; permit conditions for aquaculture permits; other responsibilities of an aquaculture permit holder; mariculture; zone allocated for aquaculture; plan for managing zones allocated for aquaculture; environmental monitoring programme; submitting applications to obtain an aquaculture permit in marine waters; requirements for aquaculture activity areas in marine waters and their fulfilment; land based aquaculture structure; submitting an application to obtain an aquaculture permit in the case of the use of a land based aquaculture structure; other issues related to the issuance of aquaculture permits; requesting a lease to carry out aquaculture activities; interrelation of aquaculture permits and lease rights to carry out aquaculture activities; use of land plots when carrying out aquaculture activities; environmental impact assessment; transferring aquaculture permits to another person; right to extend the validity term of an aquaculture permit; termination of aquaculture permits; protecting rights of aquaculture entities; ownership right to aquaculture objects; extensive aquaculture; restrictions when carrying out aquaculture activities; territorial restrictions when carrying out aquaculture activities; framework of aquaculture activities; introduction and transportation of strange species in order to carry out aquaculture activities; procedure for the introduction of strange species to carry out aquaculture activities; permit for aquaculture research; transportation of aquaculture objects (aquatic animals) for aquaculture purposes; conditions for placing aquaculture objects on the market and importing them, and certifying requirements and other requirements related to the health of objects and their products; publicity of information; public engagement in the decision-making process related to aquaculture and the availability of information; publishing statistical data on aquaculture and international cooperation; environmental monitoring of aquaculture activities, state control and supervision; authorised bodies carrying out environmental monitoring of aquaculture activities, state control and supervision; entering and inspecting; and ecological monitoring.
The Law also relates to agriculture providing that an extensive aquaculture permit is issued for an agricultural cooperative (fish farming cooperative) in accordance with the Law of Georgia on Agricultural Cooperatives. In exceptional circumstances, and in view of social, economic or other public interests, with the consent of the Government of Georgia, extensive aquaculture permits may be issued to other legal persons.
The Law further provides for water protection. Specifically, it provides for the Ministry shall ensure the legal regulation of relations in the field of aquaculture, the protection of the environment and water resources, the fulfilment of food, recreational, social, and other requirements, as well as the implementation of state policy in aquaculture development when carrying out aquaculture activities. An aquaculture permit holder shall be obliged to fulfil the following permit conditions, among others, to ensure the systematic monitoring of water quality and water purification before it flows into the surface a water facility; to meet hygienic and sanitary requirements. Aquaculture permit holders shall immediately inform the Ministry of the presence of any diseased marine organism in an aquaculture facility, as well as of any water pollution, and any other kind of deterioration of the water quality index. An extensive aquaculture permit holder shall fulfil the following permit conditions, among others, make efforts to maintain the existing water quality in water reservoirs and avoid fish occurrences in amelioration and/or other systems. The mode of the protection and use of a water facility which is a protected area or a water facility within a protected area shall be determined by legislation on the protected areas of Georgia. Carrying out aquaculture activities shall not result in the deterioration of the fishing potential of water reservoirs, water quality, the fish feeding base (phytoplankton, zooplankton, zoobenthos, phytobenthos, periphyton and others), the microbiological characteristics of the environment, the ichthyologic and parasitologic background, nor shall it result in the introduction of new fish species or a bioinvasion.
Based on the legislation of Georgia, a lease agreement required/mandatory for the implementation of aquaculture activities shall be concluded between the aquaculture entity and the person/body with the relevant authority. A person interested in implementing forest use for the purposes of aquaculture/extensive aquaculture on the territory of a state forest shall pay only the relevant permit fee provided for by the legislation of Georgia. In order to ensure the termination of the lease right required for the implementation of aquaculture activities, the cancellation of the aquaculture permit shall be notified to the relevant authorized person/body.