# Workshop on the Bay of Biscay and Iberian Coast ecoregion Aquaculture Overview (WKBoBICAO)

José A Pérez Agúndez, Narcisa M. Bandarra, Myriam Callier, Rosa Chapela, Fiz Da Costa, Anaël Delorme, Harkaitz Eguiraun, Rosa Fernández, Ramón Filgueira, Sofia Gamito, et al.

► To cite this version:

José A Pérez Agúndez, Narcisa M. Bandarra, Myriam Callier, Rosa Chapela, Fiz Da Costa, et al. Workshop on the Bay of Biscay and Iberian Coast ecoregion Aquaculture Overview (WKBoBICAO). Workshop on the Bay of Biscay and Iberian Coast ecoregion Aquaculture Overview (WKBoBICAO), ICES Scientific Reports, 6 (31), ICES Scientific Reports, 2024, 10.17895/ices.pub.25942471. http://04679352

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# WORKSHOP ON THE BAY OF BISCAY AND IBERIAN COAST ECOREGION
## AQUACULTURE OVERVIEW (WKBoBICAO)

VOLUME 6 | ISSUE 31

ICES SCIENTIFIC REPORTS

RAPPORTS
SCIENTIFIQUES DU CIEM

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ICES INTERNATIONAL COUNCIL FOR THE EXPLORATION OF THE SEA
CIEM CONSEIL INTERNATIONAL POUR L'EXPLORATION DE LA MER
International Council for the Exploration of the Sea
Conseil International pour l'Exploration de la Mer

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DK-1553 Copenhagen V

Denmark

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info@ices.dk

ISSN number: 2618-1371

This document has been produced under the auspices of an ICES Expert Group or Committee. The
contents therein do not necessarily represent the view of the Council.

© 2024 International Council for the Exploration of the Sea

This work is licensed under the Creative Commons Attribution 4.0 International License (CC BY 4.0). For
citation of datasets or conditions for use of data to be included in other databases, please refer to ICES
data policy.

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# WORKSHOP ON THE BAY OF BISCAY AND IBERIAN COAST ECOREGION AQUACULTURE OVERVIEW (WKBoBICAO)

## Recommended format for purpose of citation:

ICES. 2024. Workshop on the Bay of Biscay and Iberian coast ecoregion Aquaculture Overview (WKBoBICAO).

ICES Scientific Reports. 6:31. 120 pp. https://doi.org/10.17895/ices.pub.25942471

## Editors

Myriam Callier • Francis O'Beirn

## Authors

José A. Pérez Agúndez • Narcisa Bandarra • Myriam Callier • Rosa Chapela Perez • Fiz Da Costa •

Anaël Delorme • Harkaitz Eguiraun • Rosa Fernandez • Ramon Filgueira • Sofia Gamito •

Melina Kourantidou • Iciar Martinez • Francis O'Beirn • Henn Ojaveer • Rui Oliveira • Fabrice Pernet •

Pedro Pousão • Jorge Ramos • Laura Ribeiro • Montse Pérez • Bastien Sadoul • Sebastian Villasante
# Contents

<table><tr><td>i</td><td>Executive summary</td><td>iii</td></tr><tr><td>ii</td><td>Expert group information</td><td>v</td></tr><tr><td>1</td><td>Introduction</td><td>1</td></tr><tr><td>1.1</td><td>Physical Oceanography</td><td>2</td></tr><tr><td>1.2</td><td>Habitats</td><td>3</td></tr><tr><td>1.3</td><td>Conservation Areas</td><td>3</td></tr><tr><td>2</td><td>Description and location of marine aquaculture activities and practices</td><td>5</td></tr><tr><td>2.1</td><td>Introduction</td><td>5</td></tr><tr><td>2.2</td><td>Species and Cultivation method description (Ecoregion level)</td><td>5</td></tr><tr><td>2.2.1</td><td>Shellfish: trestles, bottom, bouchot, bateas and longlines</td><td>5</td></tr><tr><td>2.2.2</td><td>Finfish: land-based facilities, sea cages, earthen ponds</td><td>10</td></tr><tr><td>2.2.3</td><td>Seaweed</td><td>13</td></tr><tr><td>2.2.4</td><td>Crustaceans</td><td>14</td></tr><tr><td>2.2.5</td><td>IMTA</td><td>15</td></tr><tr><td>2.2.6</td><td>Other species</td><td>15</td></tr><tr><td>2.3</td><td>Aquaculture activities by country</td><td>16</td></tr><tr><td>2.3.1</td><td>France</td><td>16</td></tr><tr><td>2.3.2</td><td>Portugal</td><td>18</td></tr><tr><td>2.3.3</td><td>Spain</td><td>23</td></tr><tr><td>3</td><td>Production over time</td><td>27</td></tr><tr><td>3.1</td><td>France</td><td>27</td></tr><tr><td>3.2</td><td>Spain</td><td>27</td></tr><tr><td>3.3</td><td>Portugal</td><td>28</td></tr><tr><td>3.4</td><td>Total production of on-grown product over time (Ecoregion level)</td><td>28</td></tr><tr><td>3.5</td><td>Finfish</td><td>31</td></tr><tr><td>3.5.1</td><td>Hatchery production for on-growing</td><td>33</td></tr><tr><td>3.5.2</td><td>Wild production input to aquaculture</td><td>34</td></tr><tr><td>3.6</td><td>Molluscs</td><td>34</td></tr><tr><td>3.6.1</td><td>On-grown production</td><td>34</td></tr><tr><td>3.6.2</td><td>Hatchery production for on-growing</td><td>36</td></tr><tr><td>3.6.3</td><td>Hatchery production for environmental stocking</td><td>36</td></tr><tr><td>3.6.4</td><td>Wild production input to aquaculture</td><td>37</td></tr><tr><td>3.7</td><td>Crustaceans</td><td>37</td></tr><tr><td>3.7.1</td><td>On-grown production</td><td>37</td></tr><tr><td>3.7.2</td><td>Hatchery production for on-growing and environmental stocking</td><td>38</td></tr><tr><td>3.8</td><td>Seaweed and microalgae</td><td>38</td></tr><tr><td>3.9</td><td>Other marine invertebrates</td><td>39</td></tr><tr><td>4</td><td>Policy and Legal Foundation for aquaculture</td><td>40</td></tr><tr><td>4.1</td><td>Introduction: Framing the context of the Bay of Biscay and Iberian cost legal framework for aquaculture</td><td>40</td></tr><tr><td>4.2</td><td>EU Policies and Legal Frameworks in the France-Spain-Portugal Ecoregion</td><td>42</td></tr><tr><td>4.2.1</td><td>Integrating Aquaculture into the EU's Maritime Spatial Planning Policy Framework</td><td>42</td></tr><tr><td>4.2.1.1</td><td>Environmental legislation</td><td>43</td></tr><tr><td>4.2.1.2</td><td>Food safety in the European Union legal framework</td><td>43</td></tr><tr><td>4.2.1.3</td><td>Specific EU regulation on organic aquaculture</td><td>44</td></tr><tr><td>4.3</td><td>Aquaculture legal Framework in Spain</td><td>44</td></tr><tr><td>4.3.1</td><td>Aquaculture Licensing Procedures in Spain</td><td>47</td></tr><tr><td>4.3.2</td><td>The Environmental Impact Assessment in Spain</td><td>49</td></tr><tr><td>4.3.3</td><td>Maritime spatial planning and aquaculture</td><td>50</td></tr></table>
<table><tbody><tr><td>4.4</td><td>Aquaculture Legal Framework in Portugal</td><td>51</td></tr><tr><td>4.4.1</td><td>Aquaculture licensing procedures in Portugal</td><td>51</td></tr><tr><td>4.4.2</td><td>The Environmental Impact Assessment in Portugal</td><td>53</td></tr><tr><td>4.4.3</td><td>Maritime spatial planning and aquaculture in Portugal</td><td>54</td></tr><tr><td>4.5</td><td>Aquaculture Legal Framework in France</td><td>55</td></tr><tr><td>4.5.1</td><td>Aquaculture licensing procedures in France</td><td>55</td></tr><tr><td>4.5.2</td><td>The Environmental Impact Assessment in France</td><td>56</td></tr><tr><td>4.5.3</td><td>Maritime spatial planning and aquaculture in France</td><td>56</td></tr><tr><td>4.6</td><td>Conclusions</td><td>58</td></tr><tr><td>5</td><td>Management Frameworks</td><td>60</td></tr><tr><td>5.1</td><td>Aquaculture Health and Food Safety Regulations</td><td>60</td></tr><tr><td>5.2</td><td>Monitoring and Management</td><td>62</td></tr><tr><td>6</td><td>Ecosystem/Environment Interactions</td><td>64</td></tr><tr><td>6.1</td><td>Impact of aquaculture on ecosystems</td><td>64</td></tr><tr><td>6.1.1</td><td>Finfish farming</td><td>64</td></tr><tr><td>6.1.2</td><td>Shellfish farming</td><td>70</td></tr><tr><td>6.2</td><td>Impact of the environment on aquaculture (all species)</td><td>73</td></tr><tr><td>6.2.1</td><td>Water quality - Ecological status</td><td>73</td></tr><tr><td>6.2.2</td><td>Impact of pathogens on shellfish farming</td><td>74</td></tr><tr><td>6.2.3</td><td>Persistence of antibiotic resistant Vibrio spp. in shellfish hatcheries</td><td>74</td></tr><tr><td>6.2.4</td><td>Predation</td><td>75</td></tr><tr><td>6.2.5</td><td>Effect of climate change on aquaculture</td><td>75</td></tr><tr><td>6.2.6</td><td>Emerging issues and contaminants of concern</td><td>75</td></tr><tr><td>6.3</td><td>Ecosystem services</td><td>78</td></tr><tr><td>7</td><td>Social and Economic Context</td><td>81</td></tr><tr><td>7.1</td><td>Portugal</td><td>81</td></tr><tr><td>7.1.1</td><td>Economic context</td><td>81</td></tr><tr><td>7.1.2</td><td>Employment</td><td>82</td></tr><tr><td>7.2</td><td>Spain</td><td>83</td></tr><tr><td>7.3</td><td>France</td><td>84</td></tr><tr><td>7.4</td><td>Global picture of aquaculture in the Bay of Biscay</td><td>85</td></tr><tr><td>8</td><td>Interaction of environmental, economic and social drivers</td><td>87</td></tr><tr><td>8.1</td><td>Interaction of environmental drivers</td><td>87</td></tr><tr><td>8.2</td><td>Interaction of economic drivers</td><td>88</td></tr><tr><td>8.3</td><td>Interaction of social drivers</td><td>88</td></tr><tr><td>9</td><td>Future projections and emerging threats and opportunities</td><td>90</td></tr><tr><td>9.1</td><td>Emerging threats</td><td>90</td></tr><tr><td>9.2</td><td>Adaptation to climate change</td><td>92</td></tr><tr><td>9.3</td><td>Reinforcing monitoring programs</td><td>93</td></tr><tr><td>9.4</td><td>Other anthropogenic stressors</td><td>93</td></tr><tr><td></td><td>Recommendations</td><td>94</td></tr><tr><td>9.5</td><td>IMTA systems as a strategy to improve environmental sustainability</td><td>94</td></tr><tr><td>10</td><td>Reference list</td><td>97</td></tr><tr><td>Annex 1:</td><td>List of participants</td><td>111</td></tr><tr><td>Annex 2:</td><td>Resolutions</td><td>113</td></tr><tr><td>Annex 3:</td><td>Review of ICES Scientific Reports - Workshop on the Bay of Biscay and Iberian Coast Ecoregion Aquaculture Overview</td><td>115</td></tr><tr><td>Annex 4:</td><td>ADGAO meeting minutes</td><td>119</td></tr></tbody></table>
# i Executive summary

The Workshop on Bay of Biscay and Iberian Coast Aquaculture Overview (WKBoBICAO) was established to assemble and synthesize aquaculture related data and information and to inform the aquaculture overview for this ecoregion.

The geographic extent of the Bay of Biscay and Iberian Coast ecoregion is extensive and ranges from southern Brittany in France through northern and northwestern Spain, it includes the entire coastline of Portugal (mainland) and culminates in the Gulf of Cadiz in southern Spain. It covers a wide range of habitat types and climatic conditions, which has a bearing on the types of aquaculture practiced in the ecoregion.

Aquaculture is practised throughout much of the ecoregion. Both intertidal and subtidal waters are utilized in addition to terrestrial pond culture. The aquaculture production within the ecoregion is dominated by shellfish which are largely produced in France (Oysters and Mussels) and Spain (mussels). Portugal production comprises a mix of shellfish, finfish and crustacean culture and while lower in terms of tonnage produced and value than the other countries.

In 2021, the aquaculture sector in the ecoregion reached 310 000 Tons produced and €775 million in value. Shellfish are the most produced in the ecoregion and contribute to almost 75% of total value. Crustacean production in Spain and shellfish and finfish production in Portugal show a clear increase since 2010, other species are static in terms of production. Spain produces the greatest tonnage but is second to France in terms of economic value. A number of other species (e.g. finfish, polychaete worms for bait) in addition macroalgae are also grown at smaller scales throughout the ecoregion.

In the ecoregion, aquaculture licencing, regulation and policy are the responsibility of the member state. While overarching policy is defined at the EU level, licencing can be different in the various countries. In Portugal a single federal body is responsible for licensing. In Spain and France, regional or local authorities are responsible for issuing licences and national approvals from relevant Ministries must be sought if public waters are to be used. It is however, acknowledged that EU legislation provides an overarching framework for important regulatory aspects including assessment and monitoring, among others, of environmental (e.g. EIA), food safety and fish health considerations. However, during licencing consultation submissions from other authorities are often required in addition to challenges presented under other legislation (e.g. Natura), which can add to the complexity of the process and lead to delays in the decision-making. Marine Spatial planning, whereby specific areas are designated for aquaculture practices, has been identified as mechanism to reduce delay of licensing decisions. Yet, conflicts with other newly developing sectors (e.g. offshore renewables) is inevitable.

Monitoring of shellfish culture practices are primarily focused upon food safety considerations, e.g. biotoxin and faecal coliform analysis. In addition, all species are subject to extensive animal health regulations that are wide ranging and derives primarily from EU legislation. Some persistent issues relate to ongoing bacterial (Vibrio) infections in shellfish hatcheries and mortalities associated with pathogens (e.g. OsHV-1) during grow-out. These represent a major challenge to the industry. Poor mussel recruitment in the wild is also leading to shortages of stock for on-growing.

Given the dominance of shellfish culture in the ecoregion, the primary environmental effects relate to interactions with habitats and species which might be measured via assessing ecological carrying capacity. In addition to some emerging contaminants that might affect aquaculture
species, aquaculture as a source of microplastics is an increasing cause of concern. The ability of shellfish to bioaccumulate nano-plastics is also considered a risk.

Small production units predominate the aquaculture sector within the ecoregion. As identified elsewhere, employment in the sector in all countries is considered modest, however, the importance of these (even part-time) roles in more isolated rural areas is acknowledged.

In terms of social interactions given the historical and cultural importance of shellfish farming in the ecoregion the sector has greater social licence and as such there is more a tolerance and less challenge to this sector from the wider public. It is apparent that finfish enterprises face considerably more scrutiny during licensing and subsequently. All aquaculture sectors are challenged by decreasing water quality as a result of terrestrial activities.

A number of issues are identified which may affect aquaculture development and are considered common across the ecoregion. Of particular concern are the potential effects or emerging pollutants (associated with industrial development). The impact of climate change on shellfish recruitment and disease proliferation in culture stock is also a concern.
## ii Expert group information

<table><tr><td>Expert group name</td><td>Workshop on the Bay of Biscay and Iberian Coast ecoregion Aquaculture Overview (WKBoBICAO)</td></tr><tr><td>Expert group cycle</td><td>Annual</td></tr><tr><td>Year cycle started</td><td>2023</td></tr><tr><td>Reporting year in cycle</td><td>1/1</td></tr><tr><td>Chairs</td><td>Myriam Callier, France<br>Francis O'Beirn, Ireland</td></tr><tr><td>Meeting venue and dates</td><td>3-5 October 2023, Sète, France, 25 participants</td></tr></table>
# 1 Introduction

*Lead by Francis O'Beirn and Myriam Callier*

ICES work on aquaculture seeks to advance and share scientific understanding of marine ecosystems and the services they provide with respect to aquaculture, and to use this knowledge to generate advice to inform conservation, management, and sustainability goals. ICES is developing a series of aquaculture overviews, which in this instance, is focused on the Bay of Biscay and Iberian Coast (BoBIC) ecoregion. This overview attempts to:

* summarize regional and temporal information on aquaculture activities, practices, and production of the cultured taxa;

* describe the relevant policy, legal foundation and management systems;

* consider the environmental and socio-economic interactions of aquaculture activities and practices and how these interactions influence the policy and planning of aquaculture developments in various jurisdictions;

* consider future projections, emerging threats and opportunities and;

* identify gaps in information thus informing likely management actions that might be considered.

Aquaculture practices (and species cultured) within the Bay of Biscay Iberian Coast Ecoregion while varied, consist primarily of extensive shellfish production practices. The inclusion of the interaction of environmental, economic, and social drivers is an important component of this advisory product. This report attempts to provide the most recent understanding on the potential interactions of these to aid aquaculture planning. It also indicates the growing capability of the ICES expert network to address socio-economic issues. In addition, perspectives on threats and opportunities are provided in this report. For example, effects of climate change, biological or ecological threats associated with aquaculture activities, and development trends (incl. new species and production methods) are considered.

The Bay of Biscay and the Iberian Coast ecoregion covers the southwestern shelf seas and adjacent deeper eastern Atlantic Ocean waters of the EU. The oceanography in this ecoregion is characterized by marked seasonal mixing and stratification of water masses typical of temperate seas. This general pattern is modified over the shelf by wind-driven upwelling, river outflow, and tidal-related processes, increasing the productivity of the system with large variation across the region. Habitats further offshore are shaped by the influence of Atlantic waters in the Bay of Biscay and western Iberia.

The ecoregion is defined physically by four key areas extending from Southern Brittany in France to the Gulf of Cadiz in Spain (Figure 1.1): A summary of these areas within the ecoregion as transcribed from ICES (2022) are:

* the Bay of Biscay, characterized by a wide shelf extending west of France. Upwelling events occur in summer, off southern Brittany, and low-salinity water lenses are associated with the river outflows of the Landes coastline;

* the Cantabrian Sea (northern Iberian shelf), characterized by a narrow shelf north of Spain with intermittent summer upwelling events west of Cape Peñes and a winter slope undercurrent, the Iberian Poleward Current;

* the western Iberian Shelf, characterized by a narrow shelf extending west of Spain and Portugal with upwelling events in summer and the Iberian Poleward Current in winter. Off Galicia (at its northern limit) the input of freshwater from rivers and estuaries form
the Western Iberian Buoyant Plume, which is an important shaping event under downwelling-favourable winds; and

* the Gulf of Cadiz, south of Portugal and Spain, characterized by a wide shelf strongly influenced by river inputs, zonal currents, wind patterns, and the deep inflow of Mediterranean water.

<figure><img src="image_4.png" /><figcaption>Figure 1.1 Geographic extent of Bay of Biscay Iberian Coast Ecoregion.</figcaption></figure>

## 1.1 Physical Oceanography

The main upper layer circulation patterns within the region are characterized by central waters (of 200–700 m depth) and Labrador Sea Water (LSW) (approximately 2 000 m) flowing from the northwest, while Mediterranean Overflow Water (MOW) spread from their origin at Gibraltar. Deeper waters undergo slow cyclonic flow. In the Gulf of Cadiz, the water exchange is governed by a two-layered inverse estuarine circulation with Mediterranean Overflow Water (MOW) flowing into the Gulf under ENACW flowing into the Mediterranean Sea.

Circulation in the Bay of Biscay is complex and is driven by a combination of tidal and density driven currents with other forcing elements of wind and bathymetric profiles. Broad surface circulation currents differ between anticlockwise currents in autumn/winter and clockwise currents in spring/summer. Coastal upwelling is also an important feature and is predominantly driven by offshore winds, especially off the west coast of Galicia.

The western Iberian coast is affected by the North Atlantic Upwelling Region, which extends from the northern Iberian Peninsula at 43N to the south of Senegal at approximately 10N (Relvas *et al.*, 2007). These large current systems are characterized off-shore by slow broad equatorward gyre recirculation and a predominant equatorward wind direction during a substantial part of the year (Relvas *et al.*, 2007). These equatorward winds result in offshore Ekman transport in the upper layer resulting in transport of cold and nutrient rich upwelled water.
The complex nature of windforcing, and subsequent upwelling events has the net effect of de-
livering nutrient rich deeper waters to more inshore shallower areas throughout the ecoregion
at different times of the year. This combined with run-off from land is considered favoured for
phytoplankton and hence will support extensive aquaculture systems, i.e. shellfish, throughout
the ecoregion. The sheltered nature of the coastal rias along the Iberian Coast and the large in-
tertidal flay along estuarine areas along the Bay of Biscay further support large-scale suspended
mussel and trestles culture of oysters, respectively.

1.2 Habitats

While sand and muddy-sand areas dominate in the Bay of Biscay, the Cantabrian Sea and Galician shelf are covered by fine sediments with isolated rocky regions in the coastal- and inner-shelf areas, and by sand and mud in the mid- and outer-shelf. The western Iberian Shelf is characterized by sand-size sediments, with fine sediments forming significant mud bodies on the mid-shelf off the main rivers. In the Gulf of Cadiz, the inner shelf is covered by a sandy sediment belt with local gravels and rocky outcrops, and muddy patches in the proximity of the most important river mouths that also cover most of the mid- to outer shelf. The Gulf of Cadiz continental slope is dominated by muddy and sand sediments, depending on the intensity of the current above the seabed. The predominance of sedimentary habitats throughout the ecoregion, suggests a broad suitability in terms of exposure (i.e. wind and wave action) for the location of aquaculture structures, both suspended and intertidal forms. This is particularly relevant in nearshore environments.

1.3 Conservation Areas

Numerous areas throughout the ecoregion are designated under the EU Natura 2000 directives, i.e. the Habitats and Birds Directives (Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora; and Directive 2009/147/EC of 30 November 2009 on the conservation of wild birds), recorded in the respective Natura 2000 (N2K) databases. As of 2022, the ecoregion has a total of 206 Natura 2000 sites which represent 16.5% of EU waters (i.e. 132 737 km² of 803 327 km²)<fnref n="1" /> (Figure 1.2). Of note, 61% of nearshore areas (0–1 nm) within the ecoregion are designated under the Natura 2000 network (EEA, 2015). This is of particular relevance, given that the majority of aquaculture operations occur in nearshore or inshore areas. The qualifying features covered in the sites are extensive and cover a very broad range of habitats and species. Of note, within the Natura 2000 site there are a range of features likely to interact with aquaculture practices directly. Such QIs demonstrated to interact with aquaculture are any number of shorebird species, pinnepeds as well as and intertidal and subtidal sedimentary and reef habitats and the sensitive community types found therein, among others. This will have implications for the location and assessment of licensing applications. It is incumbent on licencing authorities to consider if any proposed aquaculture activity is likely to result in a significant effect on the conservation features.

<footnote n="1">¹ EEA geospatial data catalogue (europa.eu)</footnote>
<figure><img src="image_5.png" /><figcaption>Figure 1.2. Natura 2000 sites in Bay of Biscay Iberian Coast Ecosystem. Source: EMODnet Map Viewer (europa.eu).</figcaption></figure>
## 2 Description and location of marine aquaculture activities and practices

*Lead by Montse Pérez and Laura Ribeiro*

### 2.1 Introduction

Aquaculture operations are primarily carried out in intertidal or nearshore environments with some operations located at terrestrial sites.

Algae, shellfish and finfish species are produced using extensive, semi-intensive and intensive production systems. Extensive systems are characterized by minimal inputs and relatively low yields, very close to those of natural fisheries (Ottinger et al., 2016). For extensive fish farming, oligotrophic lagoons are seeded with nutrients to activate the production of phytoplankton. They can be very productive, such as mussels in the Galician estuaries. These systems take advantage of favourable natural conditions. Good examples are marine filter-feeding organisms (oysters, clams, mussels) and marine macroalgae in Galician Rias (Spain) or bass and gilthead sea bream in Seville, Spain.

Semi-intensive rearing systems are more controlled and more productive than the extensive ones. The organisms are obtained from hatcheries, artificial feeds are used to complement natural food, and human interference occurs during growing to improve productivity.

Intensive aquaculture is carried out in facilities separated from the natural environment (tanks or pools) includes fish cages, land-based in flow-through or recirculating aquaculture systems (RAS). There is total control of the environment and of the individuals and relies on aquaculture feeds and other inputs (energy, oxygen) (Ottinger et al., 2016). Turbot or sole, for example, are produced in intensive systems.

### 2.2 Species and Cultivation method description (Ecoregion level)

#### 2.2.1 Shellfish: trestles, bottom, bouchot, bateas and longlines

Several species of shellfish (bivalves) are cultivated within the ecoregion. The main groups of bivalves produced are mussels (*Mytilus galloprovincialis* and *Mytilus edulis*), oysters (Pacific oyster (*Magallana gigas*) and native flat oyster (*Ostrea edulis*), clams (Manila clam *Ruditapes philippinarum*). Other species cultured are Grooved carpet shell (*Ruditapes decussatus*) and Pullet carpet shell (*Venerupis corrugata*) and other species, such as cockles (*Cerastoderma edule*), queen scallops (*Aequipecten opercularis*), variegated scallops (*Mimachlamys varia*) and king scallops (*Pecten maximus*). The production systems used include trestles, on-bottom culture, bouchot, bateas (rafts) and longlines.

The seed necessary to maintain molluscan shellfish aquaculture is obtained either from hatcheries or from natural seed collection. For instance, shellfish hatcheries are the primary seed source for oyster and clam culture. The hatcheries are on land typically located adjacent to marine areas to access seawater and remain close to nursery and grow-out sites. In Portugal, clams and cockles are obtained from natural recruitment; just recently a hatchery for pullet carpet shell started its
activity. Cockles and species of scallops rely on the collection of juveniles from the wild for its culture.

## Shellfish trestles

The primary culture system used for oysters and clams are plastic mesh bags secured to trestles (tray-like structures), which allow water flow above and below the bivalves (Figure 2.1). Mesh size varies depending on the size of the oyster and clams in culture. Oyster trestles vary in height and are usually arranged in paired rows that are oriented perpendicular to the tideline. They can be accessed directly from land using vehicles or by sea in small boats (Figure 2.2). The type of location is typically shallow shelving intertidal shorelines with good access and mixed substratum in relatively low energy environments. This system is not very commonly used in Spain, but there are two licences for oyster culture in trestles in Asturias (Spain). This system is very common in Portugal for oysters (Cyanopica, 2017).

<figure><img src="image_6.png" /><figcaption>Figure 2.1 Pointe-er-Vil-Locmariaquer (©Ifremer R. Gabellec).</figcaption></figure>
<figure><img src="image_7.png" /><figcaption>Figure 2.2 Poches-riviere-Penerf-Morbihan (©Ifremer F.Gaussem).</figcaption></figure>

## Bottom culture or Onshore tidal farming

Bottom (or on-bottom) culture is normally located in intertidal areas, lagoons or estuaries. Usually, bivalves are directly seeded onto the seabed in defined licensed areas, i.e. culture parks. The use of larger individuals at seeding greatly improves survival, therefore an intermediate on-growing period is usually adopted using suspended culture in lantern nets or trays in rafts or in bags in trestles from 2-3 mm seed to reach a final size of 10-12 mm. Production volume and quality are strongly related to culture location. Therefore, selection for bottom culture areas must consider sea level, adequate water circulation, food availability, unpolluted areas, among others. Although several bivalve species are cultured on bottom culture the more common are clams and cockles. Substratum in cultivation parks should be conditioned before prior to planting the seed to facilitate clam burial and to remove predators (crabs and sea stars). Juvenile clams are usually planted at a size of 10-12 mm and they reach commercial size after 14-18 months (Joaquim *et al.*, 2023; Guerra-Díaz, 2013).
<figure><img src="image_8.png" /><figcaption>Figure 2.3 Culture parks in Carril, Galicia, Spain (F. da Costa).</figcaption></figure>

## Bouchot

The bouchot method of mussel culture is employed on intertidal habitats, primarily in France (Aubin *et al.*, 2018). Seed mussels are collected in lower intertidal areas on (natural fibre) ropes suspended between stakes (Figure 2.4). These remain *in situ* for approximately 2 months for the mussels to attain a certain acceptable size. Upon removal from the settlement areas the seeded ropes are moved to areas where poles (bouchot) are driven into the intertidal substratum. The ropes are coiled around the poles and tended as they grow to harvest size. The sites are accessed via vehicles or boats. Approximately 80% of mussel production in France is via the bouchot method.

<figure><img src="image_9.png" /><figcaption>Figure 2.4 Bouchot poles with mussels, Le-Marescle-Penestin (Ifremer R. Gabellec).</figcaption></figure>

## Bateas

Bateas (also called rafts) are floating structures for the cultivation of bivalve molluscs, mainly mussels that were designed in Galicia (Spain). This traditional farming system is a floating
nursery consisting of a eucalyptus wood lattice of roughly rectangular shape on which the strings are attached mussel and remains suspended by a system of floats.

The culture process is divided into four stages: obtaining the seed, growing the seed, thinning out the ropes and transferring the seed onto new ropes and final harvesting and sale. These operations differ from one estuary to another and from one area of the estuary to another (Pérez-Camacho *et al.*, 1991; Figueras and Cáceres-Martínez, 2007).

Seed can be obtained directly from the coastal rocks or from collectors over the rafts, or both. The seeds are tied to ropes that will be threshed two or three times before they reach marketable size. Collectors are placed in spring and the mussel seed ropes are placed in the sea throughout the whole year, but specially from November to March. The thinning out process is usually carried out between June and October (Pérez-Camacho *et al.*, 1991).

The molluscs are arranged on cultivation ropes hanging from a floating structure. This type of platform works very well, and it is highly productive in sheltered waters, as is the case in the Galician estuaries (Rías). The system is also used for growing oysters, clams or scallops in suspended culture in lantern nets, oyster baskets and cemented oysters in ropes.

<figure><img src="image_10.png" /><figcaption>Figure 2.5. Bateas with mussels in the Ría de Vigo, Galicia (M. Pérez).</figcaption></figure>

<figure><img src="image_11.png" /><figcaption>Figure 2.6. Batea. mussel production in the Ría de Pontevedra, Galicia, Spain (M. Pérez).</figcaption></figure>

## Longlines and suspended longlines

Longlines are non-rigid structures consisting of a headrope, arranged between buoys in a linear fashion on the sea surface, from which the cultivation ropes (droppers) hang. This system is suitable for open water, as is the case for experimental mussel farming in the Basque Country (Bilbao *et al.*, 2020). Suspended mussel culture relies heavily on settlement of larvae from the water column, normally in the culture bays.
<figure><img src="image_12.png" /><figcaption>Figure 2.7 Location of shellfish aquaculture sites in the Bay of Biscay and the Iberian Coast ecoregion.</figcaption></figure>

### 2.2.2 Finfish: land-based facilities, sea cages, earthen ponds

A large number of finfish species are produced in the ecoregion. There is production of turbot (*Scophthalmus maximus*), gilthead sea bream (*Sparus aurata*), sea bass (*Dicentrachus labrax*), Sene-galese sole (*Solea senegalensis*), European sole (*Solea solea*), Atlantic bluefin tuna (*Thunnus thynnus*), blackspot sea bream (*Pagellus bogaraveo*), pollack (*Pollachius pollachius*), European eel (*Anguilla anguilla*), meagre (*Argyrosomus regius*), spotted sea bass (*Dicentrarchus punctatus*), white sea bream (*Diplodus sargus*), mullet (*Mugil spp.*), greater amberjack (*Seriola dumerili*), big-scale sand smelt (*Atherina boyeri*) and different Sparidae species (e.g. *Diplodus spp.*, *Pagrus pagrus*). These fish species are cultured using a range of production systems (APROMAR, 2023; EP, 2023).
<table><caption>Figure 2.8. Summary of the different species of Spanish aquaculture, indicating the type and systems production, and the duration of the cycle (APROMAR 2023b).</caption><thead><tr><th>Species</th><th>Scientific name</th><th>Type</th><th>Hatchery/ nursing</th><th>Fattening</th><th>Cycle time*</th><th>Production 2021</th></tr></thead><tbody><tr><td>Seabass</td><td>Dicentrarchus labrax</td><td>Marine, intertidal</td><td>Tanks, open systems or RAS</td><td>Floating nurseries or estuaries</td><td>18-24 months</td><td>23.924 t</td></tr><tr><td>Seabream</td><td>Sparus aurata</td><td>Marine, intertidal</td><td>Tanks, open systems or RAS</td><td>Floating nurseries or estuaries</td><td>16-24 months</td><td>9.632 t</td></tr><tr><td>Meagre</td><td>Arygorosomus regius</td><td>Marine, intertidal</td><td>Tanks, open systems or RAS</td><td>Floating nurseries or estuaries</td><td>20-24 months</td><td>5.981 t</td></tr><tr><td>Turbot</td><td>Psetta maxima</td><td>Marine</td><td>Tanks, open systems or RAS</td><td>Tanks, open systems or RAS</td><td>18-20 months</td><td>7.629 t</td></tr><tr><td>Sole</td><td>Solea senegalensis</td><td>Marine</td><td>Tanks, closed systems or RAS</td><td>Tanks, closed systems or RAS</td><td>18-20 months</td><td>1.020 t</td></tr><tr><td>Tuna</td><td>Thunnus thynnus</td><td>Marine</td><td>-</td><td>Floating nurseries</td><td>&lt; 12 months</td><td>10.062 t</td></tr><tr><td>Amberjack</td><td>Seriola dumerili</td><td>Marine</td><td>Tanks, open systems or RAS</td><td>Floating nurseries</td><td>-</td><td>123 t</td></tr><tr><td>Rainbow trout</td><td>Oncorhynchus mykiss</td><td>Inland</td><td>Tanks, open systems or RAS</td><td>Tanks, open systems or semi-RAS</td><td>12-24 months</td><td>15.537 t</td></tr><tr><td>Sturgeon</td><td>Acipenser naccarii, A. baerii</td><td>Inland</td><td>Tanks, open systems or RAS</td><td>Tanks, open systems or semi-RAS</td><td>3-9 years</td><td>131 t</td></tr><tr><td>Eel</td><td>Anguilla anguilla</td><td>Inland</td><td>Tanks, open systems or RAS</td><td>Tanks, open systems or RAS</td><td>~24 months</td><td>320 t</td></tr></tbody></table>

## Land-based facilities

Some finfish species are produced under intensive production methods in land-based facilities that include hatcheries for larval culture, nurseries and for some species, such as turbot and sole, individuals are grown in tanks until they reach commercial size. Most of the facilities operate using a flow through water circulation system, but there is a trend to adapt the production to Recirculating Aquaculture Systems (RAS). In France, one of the largest hatcheries is located in the BoBIC region and it uses the RAS system to produce sea bream, sea bass, meagre and shrimp juveniles (80–90 millions of fingerlings produced in 2022). In RAS, the culture water is continuously purified and reused. They are almost completely closed circuits. RAS are designed to control the environmental aspects of production by continuously filtering, treating and reusing water, which increases operational efficiency and reduces the risks of contamination and pathogens. The purified water is saturated with oxygen and returned to the tanks. Non-degradable waste products have to be removed and evaporated water replenished. Recirculating aquaculture systems allow high stocking densities but require large amounts of energy and therefore have high production costs and waste disposal problems.
## Sea cages

Sea cages are production units for intensive aquaculture of marine finfish, located either inshore or in open waters (off-coast and offshore). Marine coastal aquaculture contribution for global aquaculture increased last decade, related with the high productivity and cost-effective operations compared to on-land facilities (Chu *et al.*, 2020) and the capacity to contribute with large-scale production to comply with the increasing consumers seafood demand. Sea cages are normally divided into fixed, floating, submersible, and submerged, and selection is based on factors such as, site conditions, environmental features, culture fish species, among other factors. Environmental issues, conflict with other activities like tourism are forcing sea cage farming to move offshore to mitigate conflicts with other sea space users (Chu *et al.*, 2020, Moro *et al.*, 2021). Although some environmental advantages (deeper water depth and the constant water flow) and high-quality product are envisioned by moving towards the open ocean (>3 km), it represents high economical costs (Chu *et al.*, 2020) and insufficient data exist on fish welfare. The sea cage structures commonly used in BoBIC region are floating flexible surface-based structures with high-density polyethylene collars, holding large nets (double net panels for protection against storms and predators, mitigating fish escapees), are normally located in bays or coastal areas.

In the BoBIC region there are finfish reared in sea cages. In France one finfish farm is producing with sea cages, this farm is located in the South of Brittany (Morbihan department) and produces rainbow trout (*Oncorhynchus mykiss*) in an estuary. Water depth is around 7 m with very important tides and high currents. In mainland Portugal there are sea cage fish farms on the Alentejo (Sines's harbour) and Algarve coast (APPA Fuzeta and APPA Monte Gordo) southern Atlantic coast and all of them using floating type sea cage structures. Detailed information is available for Sines's fish farm, which consists of 16 cages, each holding on average 150 000 sea bass at different development stages, with an average annual production of 500 t year-1 (Gomes *et al.*, 2020). At each sea cage site depth varied from 14 to 30 m, with water renewal forced mainly by tidal currents since the breakwater protects sea cages from strong coastal currents. The fish species produced in sea cages are gilthead sea bream (*Sparus aurata*), sea bass (*Dichentrachus labrax*) and meagre (*Argyrosomus regius*).

Until 2020 there was a company based in the Ría de Sada (Lorbé, Galicia, Spain) that produced sea bream in sea cages (Isidro de la Cal) which is no longer active. The company Viveros flotantes Pesquerías de Almadraba maintains and fattens Atlantic Bluefin Tuna in sea cages in Barbate, Cádiz (Spain).

## Earthen ponds

Aquaculture in earthen ponds is common in Portugal and the south of Spain. Usually, these facilities are old salt pans converted for aquaculture activity (Ramalho and Dinis, 2011). These rearing structures are normally located in coastal lands or wetlands of estuarine areas, that are often protected natural areas. The shape and size of the ponds is variable, the sloped bottom, forces water circulation towards an outlet, where water levels are controlled by a monk gate.

The regime of production can be extensive or semi-intensive, with rearing densities around 0.5-1 kg/m² or 2-4 kg/m² respectively (Ramalho and Dinis, 2011). It can be a monoculture or polyculture of different fish species. For extensive production fish larvae and/or juveniles are naturally recruited, whereas for semi-intensive and intensive production fish juveniles are obtained from hatcheries. The target species are gilthead sea bream, sea bass, sole and meagre, and in extensive regimes species like mullets, eels, breams (*Diplodus spp.*), can also be present.

The Finca Veta la Palma (Puebla del Río, Sevilla, Spain) wetland has been one of the emblematic examples of extensive aquaculture production in the Atlantic coast of Spain. They produced sea bass, sea bream, mullet and shrimp in extensive and semi-extensive regimes. Since 2023 it has become the property of the Andalusian regional government, which will decide its use.
<figure><img src="image_13.png" /><figcaption>Figure 2.9 Location of finfish aquaculture sites in the Bay of Biscay and the Iberian Coast ecoregion.</figcaption></figure>

### 2.2.3 Seaweed

Macroalgae are mainly harvested from the natural environment without greater human intervention than the removal by hand or the collection of macroalgal arrivals (arribazones in Spanish), but there are several initiatives underway for their cultivation. These seaweed cultivation initiatives produce species with high added value for direct human consumption or as a source of bioactive compounds (Matos *et al.*, 2021). The species cultivated include *Codium tomentosum*, *Codium vermilara*, *Gracilaria spp.*, *Gracilaria coriacea*, *Gracilaropsis longissimi*, *Gracilaria dura*, *Laminaria spp.*, *Ulva spp.*, sea lettuce (*Ulva Lactuca*), chicory sea lettuce (*Ulva rigida*), sea belt (*Saccharina latissimi*), *Palmaria palmata* and wakame (*Undaria pinnatifida*).
<figure><img src="image_14.png" /><figcaption>Figure 2.10 Location of aquaculture sites for seaweeds and microalgae in the Bay of Biscay and the Iberian Coast ecoregion.</figcaption></figure>

In Portugal, seaweed aquaculture is currently carried out by one enterprise in Aveiro region (ALGAPLUS), producing several species of green (*Ulva rigida*, *Fucus vesiculosus*, *Codium tommentosum*), and red seaweeds (*Chondrus crispus*, *Graciliaria gracilis*, *Plamaria palmata*, *Porphyra dioica*, *Porphyra umbilicalis*), with application on food and cosmetic sectors. The whole process has organic certification, being land-based in earthen ponds, integrated with fish culture scaled to provide sufficient organic matter for seaweed production. The production of marine macroalgae is very important for achieving the objectives set for sustainable aquaculture and favouring the ecological transition due to their richness in nutrients, fibres and bioactive compounds, together with their important role in bioremediation and carbon utilization (Cardoso *et al.*, 2023). At least other two locations exist with scale-up production at experimental level.

In Portugal, wild macroalgae harvesting continues to be an important economic resource, with
several companies involved in harvesting for agar extraction and other biotechnological appli-
cations.

2.2.4 Crustaceans

There is some production of crustaceans within the ecoregion. The species produced are the Atl-
lantic ditch shrimp (*Palaemon varians*), whiteleg shrimp (*Penaeus vannamei*), Kuruma prawn (*Pe-
naeus japonicus*), Caramote prawn (*Penaeus kerathurus*), Palaemon shrimps (*Palaemon spp.*) and
common prawn (*Palaemon serratus*). The whiteleg shrimp is produced in an inland hatchery with
RAS system (Portugal) as well as *Penaeus vannamei* (France) while the rest of crustaceans are produced with semi-intensive or extensive culture methods, primarily in earthen ponds.

### 2.2.5 IMTA

In integrated multi-trophic aquaculture (IMTA), multiple aquatic species from different trophic levels are reared in an integrated manner. The aim of IMTA is to improve efficiency, reduce waste and provide ecosystem services, such as bioremediation. Lower trophic level species (usually plants or invertebrates) use waste products from higher trophic level species (usually fed species) as nutrients. Inorganic nutrients are used by primary producers (micro, macroalgae, or plant) and organic waste (faeces and uneaten food) are ingested by heterotrophic species such as invertebrates (Fraga-Corral *et al.*, 2021). Lower trophic level species can be harvested or used as fish food. In addition to mollusc production, extensive finfish aquaculture and IMTA are considered the most sustainable forms of aquaculture production.

Few IMTA systems are commercially effective in the BoBIC region, but many projects are underway testing IMTA pilots both in open and inland waters (see chapter 6 and chapter 9). Some examples of commercial IMTA:

In France, one marine finfish hatchery on-land uses a series of around a dozen downstream ponds to allow sedimentation of particulate waste and the culture of macroalgae that benefit from the dissolved waste. This system allows effective mitigation of the waste from the hatchery.

Also in France, many producers of pacific oysters in ponds have diversified their production by adding Japanese tiger prawns (*Penaeus japonicas*) in the ponds in summer. The prawns eat the macrobenthos in the sediment and allow the resuspension of organic matter which can benefit the oysters. The association favours oyster growth and allows the production of additional biomass, often without feeding the shrimps.

In the framework of the project "Integrated aquaculture: Pilot experience for multi-trophic aquaculture development (2008-2011)" financed by Spanish National Advisory Board for Mariculture (JACUMAR) several inland and offshore pilot experiences of integrated culture systems in six Spanish regions were carried out (Macías *et al.*, 2008). One of them developed in Galicia (Spain) was a combination of *Saccharina latissima* (sugar kelp) combined with mussel rafts as described in Freitas *et al*. (2016). In this experience the authors show that the seaweed uses ammonium from the molluscs as a nitrogen source, contributing to improving the water quality.

### 2.2.6 Other species

Other invertebrate species and microalgae are produced in the ecoregion.

#### Other invertebrate species

In Andalusia (Spain) there is one pilot scale facility commercially producing the worm *Marphysa sanguinea* for bait.

Located on the island of Noirmoutier in the Vendée (85), the Ferme Marine de Noirmoutier, with a surface area of 13 hectares, is dedicated to the breeding of marine worms (*Arenicola marina*) for a company (Hemarina) using worm blood for medicine. That is combined with the production of the green abalone (*Haliotis discus hannai*) in land-based facilities.

Common octopus (*Octopus vulgaris*) is on-grown in cages from juveniles collected in the wild, which are fed until they reach the commercial size. Currently, there are 3 active licenses in Galicia (Spain). The Nueva Pescanova group, located in Galicia, plans to start production of *O. vulgaris*. The research was conducted at the Instituto Español de Oceanografía (IEO-CSIC). In 2019, the
institute reached an exclusive patent agreement with Nueva Pescanova, where research now
continues at the Biomarine Center of Nueva Pescanova (O Grove, Galicia, Spain).

Microalgae

Microalgae is usually grown in photobioreactors in land-based facilities. The microalgae pro-
duced are a product in themselves, we are not talking about auxiliary aquaculture to feed other
species. As an example, in A Coruña (Galicia) three species of microalgae (*Isochrysis galbana*, *Nan-
nochloropsis gaditana* and *Tetraselmis chuii*) are produced. In the south of Portugal, there is a land-
based microalgae production unit, Necton. Different species of microalgae (*Nannochloropsis*,
*Tetraselmis*, *Isochrysis Phaeodactylum*, *Skeletonema*, *Porphyridium*, *Chlorella*, *Spirulina*) are produced
in bioreactors for feeds, cosmetics, and food and nutraceuticals. There are other companies pro-
ducing microalgae, although with smaller production volumes.

<figure><img src="image_15.png" /><figcaption>Figure 2.11 Production of microalgae in photobioreactors by Necton in the South of Portugal (Necton).</figcaption></figure>

2.3 Aquaculture activities by country

2.3.1 France

The aquaculture sector in France is dominated by farming of Pacific oysters (Magallana gigas). In 2020, oyster production reached 86 000 tonnes (84 800 tonnes of Pacific oysters and 1 200 tonnes of flat oysters). Mussel farming is also an important activity in the French shellfish aquaculture industry: in 2020, 61 000 tonnes of mussels were produced in France (80% of mussels come from farming on bouchot, which represents a particularity of French shellfish farming). Other shellfish are produced but in much lower quantities: the production of cockles, clams and abalone was 2 000 tonnes in 2020. Some producers are turning to the farming of scallops, but this production remains underdeveloped for the moment.
While the primary species cultured in the French portion of BoBIC region is the Pacific oyster (*Magallana gigas*), the blue mussel (*Mytilus edulis*) and the cockle (*Cerasterderma* sp) are also cultured. Shellfish culture operations are concentrated primarily in estuarine areas along the Atlantic seaboard. From an administrative perspective the Atlantic seaboard within the ecoregion is split into three broad areas, Bretagne Sud (approximately n= 422 companies), Loire-Atlantique and Vendee (n=41 companies) and Nouvelle Aquitaine (Figure 2.12). Within the region, there are many more individual culture sites. In the Bretagne Sud region, there are 5729 ha licensed cites for aquaculture, 86% of which are currently exploited. The majority of shellfish hatcheries are located in the Loire-Atlantique and Vendée area. In addition, this area is where most cockle farming occurs on the seabed. Finally, the Nouvelle Aquitaine area is the leading shellfish growing region in Europe. Production consists primarily of oyster farming which is concentrated in the two large basins of Marennes-Oléron and Arcachon, to which is added the mussel farming in Charente-Maritime. As mentioned above many producers of pacific oysters in ponds ("claires") have diversified their production by adding Japanese tiger prawns in the ponds in summer.

Commercial production of prawns using landbased biofloc technology commenced in 2022.

Marine finfish production in the French portion of the ecoregion, is confined to 3 farms:

* A sea cage farm in brackish water producing rainbow trout in the Auray River (Bretagne Sud, in the Morbihan department).

* A single hatchery in the Charente-Maritime department on Oléron Island) is the primary site for the production of fingerlings of sea bream and sea bass and for a smaller proportion of meagre and shrimp (Peneus japonicus). The hatchery produced approx. 80 million fingerlings (equiv. 200 t year-1). 80% of their production is exported to other countries. The farm is also producing macroalgae in an IMTA, where the fish farm effluents are being re-cycled to produce *Ulva* sp. in ponds (11 t year-1).

* A land-based farm producing sole (*Solea senegalis*) based in the Southwest, in the Pyrénées-Atlantiques department.
<figure><img src="image_16.png" /><figcaption>Figure 2.12 French marine shellfish concentration areas (yellow) and finfish fam sites (white) within the BoBIC ecoregion.</figcaption></figure>

The DGAMPA has developed a national geoportal with the location of all aquaculture site: https://experience.arcgis.com/experience/45e186df09854fd3b0115fc2db6a27f7/page/Tableau-de-bord/.

## 2.3.2 Portugal

The aquaculture sector in Portugal is dominated by marine aquaculture, which represents 95% of the total production volume (17 900 tonnes in 2021, EP, 2023). Aquaculture statistics from 2021 indicates that Portuguese aquaculture continues to be mainly land-based, characterized by marine extensive and semi-intensive systems located in lagoons, estuaries, and intertidal areas along the coast, but also intensive systems. Algarve (south of Portugal) and Centre (western coast of Portugal) are the regions with higher contribution for marine aquaculture production (16 224 tonnes), respectively 55% and 27%.

The number of active productive units is slightly lower than the number of licenses. In transitional and marine waters, active units varied between 93 to 95% of the licenses granted in the last five years. Based on data collected in 2021 by DGRM, the number of active units with production in transitional and marine waters was 1 156, occupying an area of 1 955 ha (INE, 2023). The number of active units correspond mainly to on-growing units (99% of the total number of licenses). Licences for bivalves culture parks represent the larger number of active units (1 097; 95.2%) occupying an area around 565.4 ha, followed by tanks/ponds (38; 3.3%) and floating structures (17; 1.5%), respectively occupying an area of 442.6 and 863.0 ha (INE, 2023).

The Directorate-General for Natural Resources, Safety and Maritime Services (DGRM) in collaboration with the Portuguese Agency for Environment (APA -Agência Portuguesa do Ambiente) participated on the development of a geoportal with the location of the different
aquaculture facilities distributed along the Portuguese coast, including some information about the facility (e.g. TAA number, name, type of production system, rearing medium, exploitation regime, species produced [https://webgis.dgrm.mm.gov.pt/portal/apps/webappviewer]). This work was included in the Portuguese Maritime Spatial Planning Situation Plan (PSOEM - Plano de Situação do Ordenamento do Espaço Marítimo), which included planning of space and access to water for marine aquaculture.

In Portugal, extensive rearing systems are defined, by law, as production that relies on the natural conditions available, that organisms are obtained in the wild or in hatcheries and feeding is exclusively based on ambient levels of food in the surrounding waters. In semi-intensive rearing systems organisms are obtained in hatcheries, artificial feeds are used to complement natural food, and human interference occurs during growing to improve productivity. In an intensive rearing system, organisms are obtained in hatcheries, rearing parameters are fully monitored and controlled, feeding is exclusively on artificial feeds, and high human intervention occurs.

An example (Figure 2.13) of the aquaculture facilities on the eastern part of Algarve; in the Ria Formosa lagoon (shellfish culture parks and earth ponds fish farms) and coastal aquaculture (sea cages, longlines, tuna fattening).

<figure><img src="image_17.png" /><figcaption>Figure 2.13 Location of aquaculture farms off coast in the eastern south of Portugal, APPA Fuzeta and APA Monte Gordo, using the Portuguese geoportal for aquaculture.</figcaption></figure>

## Portugal- finfish aquaculture

The structures normally used for finfish aquaculture rearing are earthen ponds, tanks, sea cages and more recently RAS.

The marine fish species more representative of aquaculture production are turbot (*Scophthalmus maximus*), gilthead sea bream (*Sparus aurata*), sea bass (*Dicentrachus labrax*) and Senegalese sole (*Solea senegalensis*). Other fish species have been produced to diversify aquaculture production, namely meagre (*Argyrosomus regius*) and a different Sparidae species (e.g. *Diplodus spp.*, *Pagrus pagrus*), among others, although at small production volumes.
Turbot is produced in intensive regime in fibreglass and/or cement tanks in two fish farms land-based (western coast). Turbot production volume was 3 538.25 tonnes in 2021 (INE, 2023). Water circulation is in flow through, but future plans include adaptation to RAS.

Gilthead sea bream production volume was 3 090.70 tonnes in 2021 (INE, 2023). This fish species is produced in earthen ponds located in transition waters (wetlands, estuaries) along Portuguese under extensive and semi-intensive regime. It is also produced under intensive regime in sea cages on Atlantic western coast (Sines harbour) and south of Portugal.

Sea bass production reached a production volume of 954 tonnes in 2021, of which 67% was in semi-intensive regime in earthen ponds and the remaining in under intensive aquaculture in sea cages (Sines harbour) (INE 2023).

Senegalese sole (*Solea senegalensis*) is produced mainly in RAS in intensive regime with a production volume of 327.48 tonnes (INE, 2023). Just residual production volumes originate in semi-intensive regimes in earthen ponds.

Other species reared in Portugal are meagre (*Argyrosomus regius*) in earthen pond and sea cages, different Sparidae species (e.g. *Diplodus spp.*, *Pagrus pagrus*), mullet reared in earthen ponds, originated from natural recruitment.

In the south of Portugal there are also facilities for the fattening of Atlantic bluefin tuna (*Thunnus thynnus*). For privacy reasons tuna production is not reported since the number of tuna farms is inferior to three.

## Portugal – Shellfish Aquaculture

The main shellfish species cultured in Portugal are clams (grooved carpet shell, *Ruditapes decussata*; pullet carpet shell, *Venerupis corrugata*), cockles (*Cerastoderma edule*), oysters (*Magallana gigas*, *Crassostrea angulata*, *Ostrea edulis*) and mussels (*Mytilus spp.*). Grooved carpet shell is cultivated in the sediment in culture parks, under extensive regime, in the intertidal areas (e.g. estuaries, lagoons) along the Portuguese coast. Pullet carpet shell is produced in suspended ropes off coast of Algarve. The production volume in 2021 was 3 584.7 tonnes (INE, 2023).
<figure><img src="image_18.png" /><figcaption>Figure 2.14 Culture park for clam (grooved carpet shell *Ruditapes decussatus*) in Ria Formosa lagoon (south of Portugal). (IPMA, D.Matias).</figcaption></figure>

<figure><img src="image_19.png" /><figcaption>Figure 2.15 Lantern structure for pullet carpet shell (*Venerupis corrugata*) off coast Algarve (south of Portugal). (Oceano Fresco).</figcaption></figure>

Oysters are produced in tables, rack or trestle in intertidal areas of estuaries and lagoons along Portuguese coast. The production volume in 2021 was 2 293.4 tonnes (INE, 2023).
<figure><img src="image_20.png" /><figcaption>Figure 2.16 Structures used for oyster production in the south of Portugal: A) Baskets and B) Table (IPMA, D. Matias).</figcaption></figure>

Mussels production volume reached 3 044.1 tonnes in 2021 (INE, 2023). This species is mainly reared in longlines off coast of Algarve.

<figure><img src="image_21.png" /><figcaption>Figure 2.17 Mussels rearing in longlines off coast of Algarve (Sagresmarisco).</figcaption></figure>
### 2.3.3 Spain

Spain has almost 8 000 km of coastline. The Bay of Biscay and the Iberian Coast Ecoregion comprises 2 723 km of coastline with a diversity of climates due to a particular orography, making it an ideal place for the development of marine aquaculture. The Spanish ecoregion covers five regions (Galicia, Asturias, Cantabria, Basque Country and the Atlantic side of Andalusia). Therefore, the scope of the ecoregion and the administrative boundaries do not match, requiring data analysis to disaggregate the information at ecoregion level.

Aquaculture in Spain is highly diverse. Marine aquaculture exists on all Spanish coasts, including offshore cages (for sea bass, sea bream and meagre), rafts (bateas) and longlines (for mussels and oysters), land-based tanks (for turbot and sole), and onshore intertidal farming (for clams, oysters and other bivalves).

The primary species produced by aquaculture in Spanish marine waters are sea bream, sea bass, turbot, meagre, sole, bluefin tuna, mussels, clams, oysters and abalone. Other aquaculture species of interest include European eel, blackspot sea bream, greater amberjack, shrimp, microalgae and macroalgae are also mentioned in this report.

The main species produced by aquaculture in Spain is mussel, with a production in the ecoregion of 219 703 t in 2022. The marine fish species produced in aquaculture in the ecoregion are turbot, sea bass and sea bream. For marine fish farming in Spain, Galicia ranked third in 2022, with a total production of 9 627 t, equivalent to an increase of 16% compared to 2021 (8 273 t). This increase was mainly due to the production of turbot. Depending on the species there are various types of aquaculture facilities.

Data of aquaculture licensed sites correspond to registered data by the end of 2022 and it was extracted from Acuivisor, a GIS tool created by the Spanish Ministry of Agriculture, Fisheries and Food affairs.

#### Shellfish aquaculture

While shellfish production in Spain focuses largely on mussels, oysters, clams and other species are also produced. Mussel production occurs mainly in Galicia, but some culture also takes place in the Basque Country<fnref n="2" />. In Galicia the cultivation method is by bateas, following a traditional system. Due to the high level of primary production in the Rías, the location of the facilities is conditioned by the licensing system rather than by the environmental considerations. Currently there are 3 435 sites licenced to produce mussels, producing on average around 200 000 tonnes per year. Ría de Arousa hosts the largest number of licensed sites in Galicia (2 290), which represents 67% of the Galician licensed sites.

The legal framework sets the maximum number of ropes (500) and length (12 m) to optimize feeding and impact. The seed, between 15 and 25 mm in size, is either extracted from the coastal rocks or through spat collector ropes suspended in the raft. Spat collection from the rocks, depending on the time of year, starts to be harvested and placed on the cultivation ropes from November onwards. The spat collector ropes are hung in the rafts between March and October and kept submerged during the mussel breeding season, allowing the larvae to settle. The recruited seed is available from July onwards for handling. In 66% of the bateas, only seed from coastal rocks are used, while the rest use a combination of spat from both sources.

For an annual mussel harvest of 250 000 t, seed requirements are estimated at around 7 000 t per year. There has been a decline in the availability of seed in recent years (Avdelas et al., 2021),

<footnote n="2">² Facilities in Andalusia are located in the Mediterranean coast, therefore outside the ecoregion.</footnote>
which has intensified the competition for accessing the rocky areas where other shellfish are also gathered (e.g. the goose barnacle *Pollicipes pollicipes*).

In the Basque country, there are only two active licenses for longlines; but currently there is no production.

Two oyster species are cultivated in Spain: Pacific oyster (*Magallana gigas*) and native flat oyster (*Ostrea edulis*). Production methods include mesh bags held in trestles in intertidal bays, mesh bags in trestles in *esteros* (earthen ponds) or in rafts (suspended culture) using oyster baskets or lanterns. Production is located mostly in Galicia (90% of the total 232 marine aquaculture licensed sites in the Spanish area in the ecoregion), but also in Andalusia, Asturias, Basque Country and Cantabria.

While the number of licensed sites is higher for native flat oyster (155) the production volume is higher for the Pacific oyster (see section 3). The availability of seed explains these figures. Pacific oyster seed is easier to produce in hatcheries than the flat oyster, with the main providers located in France and other European countries. Oyster seed production is almost non-existent in Spain, despite several attempts through the years to ensure continuous supply mainly through hatcheries. Hence the culture is based mainly on the import of seed and 12 to 18-month-old oysters from several European countries.

Three clam species are cultivated in Spain: Manila clam (*Ruditapes philippinarum*), Grooved carpet shell (*Ruditapes decussatus*) and Pullet carpet shell (*Venerupis corrugata*). The number of facilities is concentrated mainly in Galicia (87.1%), followed by Andalusia (9.5%), Asturias (2.8%) and Cantabria (0.5%). Although the number of facilities is similar for the three species, Manila clam is the main species cultivated in Spain representing 82% of total clam production in 2022.

The production of clams takes place in beach or intertidal areas where the animals are placed directly on the substratum. Most of the seed required for their production in Spain come from hatcheries. Manila clam seed is sourced nationally (there are two active hatcheries in the ecoregion) and from other European hatcheries. Pullet carpet shell seed is only produced in Galician hatcheries. The hatchery production of grooved carpet shell seed is extremely complex. In fact, the seed proceeds only from natural areas where it is extracted and relocated, which explains the low production figures. Clam seed of a size around 5 mm is grown in nursery facilities (land-based facilities, in mesh bags in trestles or in suspended culture in rafts) until it reaches a size of 15-18 mm, where it can be transferred to the substratum.

As for other bivalve species, a total of 134 installations are dedicated to the production of cockles (*Cerastoderma edule*), queen scallops (*Aequipecten opercularis*), variegated scallops (*Mimachlamys varia*) and king scallops (*Pecten maximus*). More than 99% of the facilities are located in Galicia, while a single active one in the Basque Country is a licensed site for variegated scallop culture. The seed for these species is obtained from natural beds, but the statistics only report seed harvesting in wild beds for *Ruditapes decussatus* (MAPA, 2023). Cockles are produced on-bottom in intertidal areas. The scallop species are produced in suspended systems such as lantern nets in *bateas*.

## Other invertebrate species

In Galicia there are two active licenses for abalone (*Haliotis tuberculata*) and three licenses for common octopus (*Octopus vulgaris*). The active licensed site is for *Haliotis tuberculata* but the recorded species in the statistics is green abalone (*Haliotis discus hannai*). Abalones are produced in hatcheries and land-based facilities until they reach commercial size. Currently in two facilities in A Coruña, Galicia. The common octopus is reared in cages and cultivation relies on the capture of juveniles, which are fed until they reach commercial size.
Andalusia has an active license for the production of the worm *Marphysa sanguinea* that is used as fishing bait.

## Finfish Aquaculture

### Turbot (*Scophthalmus maximus*)

The amount of wild turbot caught by the Spanish fleet is increasingly scarce and testimonial therefore, more than 99% of the production of this species in Spain now comes from aquaculture. Although imports into Spain of turbot from other European fishing fleets, mainly from the Netherlands, are significant. Galicia is the only region farming turbot with sixteen active licensed sites in 2022. In Europe, the main country producing turbot is Spain, with Portugal as the second producer. Turbot production is carried out in land-based facilities under controlled conditions nearby the coast where juvenile and adult turbots are maintained in concrete circular tanks.

### Sea bass (*Dicentrarchus labrax*)

In 2022 thirty facilities were active in Andalusia for sea bass production using twenty-nine earthen ponds and one nursery. There is one active hatchery in Huelva, which supplies the nursery belonging to the same company. The rest of the juveniles come from hatcheries from elsewhere in Spain and other countries.

### Sea bream (*Sparus aurata*)

In 2022, thirty-nine facilities were active in Andalusia for the production of sea bream in thirty-eight earthen ponds and one nursery: Cádiz (26); Huelva (12); and Seville (1). There are two active hatcheries in Huelva producing sea bream juveniles. Juveniles come from the active hatcheries in the ecoregion, and national and international hatcheries in the Mediterranean.

### Sole (*Solea senegalensis* and *Solea solea*)

Two sole species are produced in the ecoregion: *Solea senegalensis* and *Solea solea*. Seventy percent of the sole production in 2022 was from Galicia, the remaining 30% was produced in Andalusia. There are 35 facilities, 30 in Andalusia (Cádiz (26), Huelva (3) and Seville (1). Among these, one is dedicated to common sole (Cádiz). The remaining five are located in Galicia (A Coruña (2), Lugo (2) and Pontevedra (1)). In Andalusia the production is carried out in one land-based facility (one hatchery and nursery operated in RAS) and in earthen ponds and in Galicia in land-based facilities.

## Other finfish species

### Atlantic bluefin tuna (*Thunnus thynnus*)

The almadrabas method catches tuna as they swim across the almadraba trap, targeting mostly bluefin tuna. Fishing boats use a series of nets to intercept tuna schools on their journey towards the Mediterranean Sea across the strait of Gibraltar, located around six nautical miles from the coast. The facility included in the Ecoregion (Cádiz, western Andalusia) captures juvenile tuna that are then reared in sea cages.

### Mullet (*Mugil spp.*)

In 2022, thirty-two facilities were active in Andalusia (Cádiz (28), Huelva (2) and Seville (1)) for mullet production in earthen ponds under semi-intensive culture methods.

### Spotted sea bass (*Dicentrarchus punctatus*)

In 2022, nine facilities were active in Andalusia, all of them in Cádiz, for spotted sea bass production. Its production is carried out under semi-intensive culture methods in earthen ponds.

### Blackspot sea bream (*Pagellus bogaraveo*)

Until 2019, black spot sea bream cultivation in Europe was only carried out in Galicia, but production ended that year. Currently, research projects are being developed on the cultivation of
this species in several other Spanish regions with the aim of recovering its cultivation on an in-
dustrial scale.

Pollack (*Pollachius pollachius*)

Data from aquaculture licensed sites in Spain (Acuivisor) does not include any licensed site for
this species in 2022, even if production statistics reported production between 2005 and 2009.

Greater amberjack (Seriola dumerili)

Aquaculture of the species *Seriola dumerili*, also called Lemonfish, is progressively being incor-
porated into commercial-scale aquaculture production in Spain. It is considered one of the spe-
cies with the greatest potential for Spanish aquaculture. Production is incipient and has been
achieved thanks to scientific research in diversification and technological development. Juveniles
are produced in Andalusia. There are two licensed sites in Cadiz (Andalucía) and cultivation is
carried out under semi-intensive and intensive aquaculture methods.

Wreckfish (*Polyprion americanus*)

Wreckfish farming is kept exclusively on an experimental scale, and it is considered a species of great potential. The Instituto Español de Oceanografía (IEO-CSIC) maintains a line of research on the species to solve the bottlenecks in farming. Several Spanish companies are interested in starting pre-industrial scale farming in collaboration with the IEO-CSIC.

Crustacean aquaculture

Except for the white leg shrimp (*Penaeus vannamei*), produced in an inland hatchery with a RAS system, all crustacean species are produced with semi-intensive or extensive culture methods. In 2022, there were eighteen licensed marine sites for Atlantic ditch shrimp (*Palaemon varians*) production, seventeen in Cádiz and one in Seville.

There are eight licensed sites for the production of Kuruma prawn (*Penaeus japonicus*) in Andalusia, three in Huelva and five in Cádiz. Among them, there is one active hatchery producing Kuruma prawn juveniles.

Caramote prawn (*Penaeus kerathurus*) has been produced since 2010 in six facilities, all of them in Cádiz, Andalusia.

For the common prawn (*Palaemon serratus*) and Palaemon shrimps nei (*Palaemon spp.*), there is
currently no production.

Seaweed and microalgae aquaculture

There is one licensed site for the production of sea lettuce (Ulva lactuca) in Huelva (Andalusia).

There are four facilities in Andalusia (Cádiz (3) and Huelva (1)) and one in A Coruña, Galicia,
devoted to chicory sea lettuce (Ulva rigida) and *Gracilaria* spp. production.

*Gracilaria dura* is produced in two facilities in A Coruña, Galicia; while *Gracilariopsis longissimi* and *Codium vermilara* are produced in one facility in A Coruña, Galicia

Only three microalgae species have been produced in the ecoregion in Spain since 2017 and re-
ported in the statistics. Those species are (Isochrysis galbana, Nannochloropsis gaditana and Tetra-
selmis chuii) all of them produced in A Coruña, Galicia, and N. gaditana and T. chuii also in Cádiz,
Andalusia. The site in Andalusia grows microalgae in photobioreactors in land-based facilities
using recirculating aquaculture systems (RAS).
## 3 Production over time

Lead by Fiz da Costa and Bastien Sadoul

### Data sources

All plots shown here are derived from industry surveys performed at the national level and account for production in tonnes and value of on-grown products sold by producers. For hatchery, production information is provided in the specific sections below.

### 3.1 France

The French government oversees an annual survey of aquaculture activities since 2018. This Aquaculture Survey is the only annual statistical source providing a longitudinal monitoring of aquaculture production. Administrative data available from sources such as maritime concessions (licensing) and accreditations do not inform on the real composition of the sector. Beyond information provision, the Aquaculture statistical survey supplies crucial data to comply with the European Data Collection Framework. Produced by the French Bureau of Environmental and Forestry Structural Statistics, the data aims to enumerate freshwater and saltwater aquaculture enterprises, estimating annual sales production in quantity and value and assessing employment in number and full-time equivalents. Data collection primarily occurs online, with potential supplementation via telephone or paper questionnaires, subcontracted to a private company (BVA group). Information is annually summarized in reports available at (https://agreste.agriculture.gouv.fr). The geographical scope is the entire France, and the survey is conducted annually. Analysis on the subregion BoBICAO was performed by specifically extracting information from the survey results. It is important to note that some information was aggregated between species to present them without revealing confidential information of aquaculture enterprises.

### 3.2 Spain

Spanish data for this section were extracted from two sources. The main source was the Survey of Aquaculture Establishments, a statistical operation that is included in the National Statistical Plan for the 2021-2024 period (PEN 2021-2024, https://www.mapa.gob.es/es/estadistica/temas/estadisticas-pesqueras). The data collection method is described in detail in a report defining the methodology for the collection of aquaculture production data in Spain (https://www.mapa.gob.es/es/estadistica). The results are provided in tables which include data on the number of establishments, the quantity and value of their production in the study year, the number of hours worked in the establishment production in the study year, and the number of workers who have carried out the work. Production values are reported as the value expressed in euros and the quantity of sold products (from the farm), expressed in kilograms. In this Aquaculture overview production data reported refers to the final phase of culture (on-grown to commercial size). For the year 2017 and 2022, and any other data gaps, data were extracted from the information gathered by the National Sea Harvest Advisory Board (JACUMAR, https://www.mapa.gob.es/es/pesca), who collects data from the competent authorities in each region of the country.
## 3.3 Portugal

Aquaculture statistics are under the responsibility of Statistics Portugal and the Directorate-General for Natural Resources, Safety and Maritime Services, as the delegated authority of Statistics in Portugal. These institutions annually present the Fishery Statistics compendium, within their technical cooperation aiming at the production and dissemination of the official fishery statistics, where aquaculture statistics are included. Information on statistics is available online since 1969 (https://www.ine.pt/xportal). Data from shellfish culture parks were first reported in 1971, whereas statistics on aquaculture production were first reported in 1989.

The Directorate-General for Natural Resources, Safety and Maritime Services (DGRM) in collaboration with the Portuguese Agency for Environment (APA - Agência Portuguesa do Ambiente) participated on the development of a geoportal with the location of the different aquaculture facilities distributed along the Portuguese coast, including some information about the facility (e.g. Title for Aquaculture Activity (TAA) number, name, type of production system, rearing medium, exploitation regime, species produced) (https://webgis.dgrm.mm.gov.pt/portal).

## 3.4 Total production of on-grown product over time
(Ecoregion level)

In 2021, the aquaculture sector within the ecoregion achieved a total production of 310 000 t, valued at 775 million euros. The dynamic of the production is very unpredictable with strong annual variations in both volume and economic value (Figure 3.1 and 3.2). In the ecoregion, production can be separated in four main group of species: shellfish, by far, and historically, the most produced in both tonnage and economic value, followed by finfish, crustacean and algae. Only crustaceans in Spain (in tonnes) and shellfish and finfish production in Portugal (both in tonnes and value) show a clear increase since 2010. In contrast, other types of aquaculture production have mostly stagnated (Figures 3.1 and 3.2). Spain leads the ecoregion in production volume, contributing 220 000 t, but ranks second in economic value behind France (Figure 3.3). In the ecoregion, shellfish, particularly from France, dominate the production, accounting for nearly 75% of the total economic value (Figure 3.3).
<figure><img src="image_22.png" /></figure>

Figure 3.1. Time-series (2005–2021/2022) of aquaculture production for the Bay of Biscay and the Iberian Coast ecoregion, differentiated by major taxonomic grouping (shellfish, finfish, crustacean and algae) per country (STECF, 2023; INE 2023).

<figure><img src="image_23.png" /></figure>

Figure 3.2 Time-series (2005–2021/2022) of aquaculture production value in million euros of on-grown sold product, differentiated by major taxonomic grouping (shellfish, finfish, crustacean and algae) in the Bay of Biscay and the Iberian Coast ecoregion per country, as declared by producers (STECF 2023).
<figure><img src="image_24.png" /></figure>

**Figure 3.3** Value produced (in million euros) of on-grown sold product in 2021 in the ecoregion by country (A) or group of species (B). The value for the production of crustacean is 24 million EUR. The value for the production of algae in not available for all countries in 2021, so was this group of species was not illustrated, but production is neglectable compared to the rest (STECF 2023, Agreste 2022).

<figure><img src="image_25.png" /></figure>

**Figure 3.4** Volume produced (tonnes of on-grown product in 2021 in the ecoregion by country (A) or group of species (B). (The value for the production of crustacean is 299 tonnes). The value for the production of algae in not available for all countries in 2021, however production is low and, therefore, not included (STECF, 2023; INE, 2023; Agreste 2022).

## France – general observations

French aquaculture in the BoBICAO region is largely dominated by shellfish production which reached around 100 000 t in the 2000s. The pacific oyster, *Magallana gigas*, is the most produced species with 69% of the total production in 2021, followed by the mussel, Mytilus edulis, which accounts for 27.6% of the production. Since the 2000s, the shellfish production is slowly decreasing to reach in 2021 71 000 t, mostly because of a shrinking in oyster production. The mussel production has stagnated over the same period. Other productions are neglectable with only 300 t of finfish on grown and 55 t of crustacean in 2021. The aquaculture sector over the period recorded has never shown an increase in the production on the contrary to neighbour countries of the ecoregion (see below). For France, only the economic value produced by shellfish production is growing on the record period reaching over 300 million euros produced in 2021, despite the reduction in volume produced.

## Spain – general observations

The Spanish aquaculture production within the ecoregion has been quite stable since the start of the records in 2002 until 2022, with an average production of 223 500 t during the period and ranging from 172 343 t in 2005 to 284 997 t in 2017. Production value within the Spanish part of BoBICAO region followed an increasing trend from 207 million euros in 2002 to 284 million euros
in 2022. In terms of production quantities in tonnes, shellfish represents the main group of species cultivated in the Spanish coast of the ecoregion (more than 90% for the time-series between 2002 and 2022), followed by finfishes (less than 10%). By contrast, the value of production in euros in 2022 is quite similar for shellfish (51%) and finfishes (48%). Mussel is the main shell-fish species produced in terms of quantity in tonnes (>98%) and value in euros (>75%) during the time-series. The main finfish species in production quantity (tonnes) and value (euros) in 2022 were the turbot (52–53%) and sea bass (33–35%).

## Portugal – general observations

The aquaculture sector developed at slow pace since 1989 until the first decade of the 21st century, with production volumes remaining below 10 000 tonnes. From 2010 onwards, aquaculture production grew faster to reach a production volume of 17 900 tonnes in 2021, exhibiting a 10% increase per year since 2015. According to last report (INE, 2023) shellfish and fish are the group of organisms produced in marine aquaculture, where shellfish represent 54% of the marine production volume whereas fish 46%. In terms of value, shellfish represents 63% of the total value of marine aquaculture (16 1194.76 k€), whereas fish represent 36%. Shellfish was most of the time the group most produced within the time-series (from >80% before 1995, to 60–55% thereafter), except for the period within 2004 and 2007 when fish were produced, marginally, in higher quantities (ca. 55%). In terms of value a significant increase of shellfish value was observed since the early statistic reports, where 88% of marine production value around 12%.

The first statistics for Portuguese aquaculture were reported in 1989, with a production volume of 8 449 tonnes with a corresponding value of over 3 million euros (637 million ESCUDOS; INE, 1989). Marine aquaculture represented 88.4% of the total production volume, representing 25% of the total national value bivalves (clams, oysters) and fish (gilthead sea bream) production volume were respectively 87,9% and 0.5% of the total production volume. However, bivalves represented 12.3% of the total value whereas fish represented 8.4%.

Conventional aquaculture farms consisted of extensive or semi-intensive systems, typically situated in wetland areas. They have faced increasing enforcement on environmental protection laws, which limited their intensification and increased production (Ramalho and Dinis, 2010). In addition, the harsh marine conditions along the west Atlantic coast have postponed the implementation of offshore structures for intensive production. Government measures to support aquaculture development (e.g. specific funding programs, maritime spatial planning) and new technological solutions have contributed over the last years to promote aquaculture production.

The number of active units with aquaculture production in transitional and marine waters was 1156, occupying an area of 1 955 ha (INE, 2023). The active units correspond almost exclusively to on-growing units, where bivalves culture parks represented the larger number (1 097; 95.2%) occupying an area around 565.4 ha, followed by tanks/ponds (38; 3.3%) and floating structures (17; 1.5%), respectively occupying an area of 442.6 and 863.0 hectares (INE, 2023).

## 3.5 Finfish

### France

Marine finfish on-grown production in the French part of the ecoregion varies between 293 and 636 t produced annually between 2018 and 2021. This represents only around 10% of the total marine finfish production in France. In the French part of the ecoregion, there is only one producer of marine trout (*Oncorhynchus mykiss*) and one producer of sole (*Solea senegalensis*). Despite having the longest coastline in the ecoregion, France never developed finfish on-grown production to a significant level, far behind the other two countries of the ecoregion. The production of turbot has significantly decreased over the last years and there was no production of turbot (*Scophthalmus maximus*) in 2023.
## Spain

On-grown production of marine finfish in Spain totalize 17 953 t produced. The production is dominated by turbot (*Scophthalmus maximus*), sea bass (*Dicentrachus labrax*) and sea bream (*Sparus aurata*), with peaks around 9 200 t, 7 300 t and 4 300 t, respectively. Turbot farming started in Galicia in 1983 and there were sixteen active licensed sites in 2022. Sea bass production in the ecoregion may be overestimated as there are 30 production facilities in the ecoregion and four facilities in the Mediterranean coast of Andalusia and production statistics cannot be differentiated among them. The same situation is also found for sea bream statistics, which may be overestimated due to the presence of 30 facilities within the ecoregion and three in the Mediterranean coast of Andalusia.

Other cultured finfish in the ecoregion in Spain, ranked in descending order by annual production, including Senegalese sole (*Solea senegalensis*) records that started in 2005 in Galicia with a production of only 7.5 t. It had increased significantly until 2013, when it reached 409 t. The highest point of the time-series was recorded in 2022 with a production of 1 179 t, which represented a value of more than 15.2 million euros.

Atlantic bluefin tuna (*Thunnus thynnus*) production in tonnes has been recorded from 2002 until 2020, with high variations between years and with a peak in 2018 of 1 178 t. The highest value achieved was 9 million euros in 2012.

The production of the blackspot sea bream (*Pagellus bogaraveo*) was produced between 2002 and 2019. Its production quantities were quite stable, with a mean production of 148.6 t, reaching 245 t in 2011. Except for 2002 and 2003, production value remained stagnant around a mean value of 1.39 million euros per year.

There are records of on-growing production of the thick lip grey mullet (*Chelon labrosus*) available for the period 2002–2016. It varied from 81 to 176 t and a value of 0.2 and 0.83 million euros.

The pollack (*Pollachius pollachius*) was only produced between 2005 and 2009. Its production reached 39 t in 2007 and a value of 124 766 euros.

Other species of marine finfish reported in the statistics are European eel (*Anguilla anguilla*), meagre (*Argyrosomus regius*), spotted sea bass (*Dicentrarchus punctatus*), white sea bream (*Diplodus sargus*), mullet (*Mugil spp.*), Greater amberjack (*Seriola dumerili*), Big-scale sand smelt (*Atherina boyeri*) and European sole (*Solea solea*).

## Portugal

Finfish represents 44% of the total marine aquaculture production based on data collected in 2021 (INE, 2023). Finfish production has tripled since 2010 to reach 7842 t in 2021. The main marine fish species produced are turbot (*Scophthalmus maximus*), gilthead sea bream (*Sparus aurata*), sea bass (*Dicentrachus labrax*) and Senegalese sole (*Solea senegalensis*), with production volume of 3 538 t, 3 090 t, 953 t, 327 t respectively in 2021 (INE, 2023). In 2021 the value from marine fish production represented 57 million euros.

Turbot production, first reported in 1995 (35 t) has increased significantly to reach more than 4 000 t in 2012 (INE, 2013). From this year onward production volume has fluctuated between 2 300 and 3 600 t. In 2021 production volume was 3 538 t for a value above 30 million euros.

The production volume for sea bream and sea bass exhibited a similar pattern of variation during the last two decades, with gilthead sea bream being generally produced in higher volumes than sea bass. Gilthead sea bream production volume increased steadily until 2000, and until 2007 values stabilized between 1 500 t and 1 900 t. Thereafter a strong decrease was observed, resulting in a second plateau between 2011 and 2018, where values oscillated within 800 t and 1 000 t. Afterwards a sharp increase in production was observed reaching over 3 000 t in 2021, with a value of 17.5 million euros. Sea bass production over time was characterized by a steady increase
until 2003, reaching values near 1 500 t that were oscillated around the same level until 2006. Thereafter a sharp decrease dropped production to 444 t in 2009, and values were maintained around 500 t until 2016. From 2017 onwards fluctuation was variable, but from 2019 production was around 900 t.

Between 1989 and 2011 sole production volumes fluctuated between 4 and 14 t. In 2012 production increased by a factor 10 and from this moment onwards, production volume increased with a mean annual value of 157 t/year. The knowledge driven research contributed to improve Senegalese sole productivity, with the development of specific feeds and adopting RAS in intensive regime among others. In 2021 production volume was 327 t, trade volume was 186 t and value of 3.6 million euros.

Meagre (*Argyrosomus regius*) production varied significantly these last two decades, with a peak of 63 t in 2016, but has then decreased to reach 0 t in 2020 (INE, 2007, 2017, 2022).

Other fish species have been tested to diversify aquaculture production, like Sparidae species (e.g. *Diplodus spp.*), but production volumes remain below 3 t.

### 3.5.1 Hatchery production for on-growing

#### France

France has an historical expertise in production of fingerling of sea bass, sea bream and turbot. However, only the production of sea bass and sea bream is now significant over the last few years. Only one farm in the ecoregion remains. Based on information provided by the only remaining fingerling producer, we can estimate that fingerling (mainly sea bass and sea bream) production reached 80-90 million annually, 80% of which are exported. However, this activity represents the largest value and employment of finfish aquaculture in the French part of the ecoregion which reached 4 million euros in 2020 and 106 full time jobs.

#### Spain

Spanish statistics do not report the number of hatchlings for each species. However, information about the number and value of juveniles produced are reported. In 2022, the greatest number of juveniles reported was for sea bass (17 million), followed by *Senegalese sole* (14 million), turbot (nearly 13 million) and sea bream (11 million). Few greater amberjack, *Seriola dumerili*, juveniles are produced in hatcheries.

Blackspot sea bream, *Pagellus bogaraveo*, juveniles were produced in hatcheries for several years, but the cultivation of this species ended in 2019.

Pollack juveniles (*Pollachius pollachius*) were produced in hatcheries in 2005, but since then no other juveniles were reported and on-growing of this species was finished in 2009.

Restoration projects have resulted in the release of hatchery-raised juveniles of brill, common sole, wedge sole, sea bream, meagre and greater amberjack between 2005 and 2015 on the Atlantic coast of Andalusia. Between 2008 and 2010 the Galician government released 20 000 juveniles of turbot.

#### Portugal

In the ecoregion there are only two flatfish hatcheries (turbot and Senegalese sole). Due to the crisis of 2008 the two hatcheries that existed for sea bream and sea bass were closed. Therefore, most of the production of sea bass, gilthead sea bream and meagre depend on imported juveniles.
### 3.5.2 Wild production input to aquaculture

**France**

There is no growth of wild-caught fish reported in the ecoregion for France.

**Spain**

Bluefin tuna (*Thunnus thynnus*) production data has been reported in aquaculture statistics from 2002 to 2020. From 2011 until 2020 average production was around 690 t per year, peaking at 78 t in 2018. Statistics only reported value to from 2002 to 2016, reaching a maximum value of 9.1 million euros in 2012.

European eel (*Anguilla anguilla*) production depends on the capture of wild eels since reproduction in captivity is not yet mastered. Aquaculture production for this species records started in 2002, reaching a maximum of 106 and 0.87 million euros in 2006, and decreasing progressively until 2018, the last year with production data available.

**Portugal**

In the South of Portugal two firms work in bluefin tuna fattening. These fish are conveyed to a principal pool, through a complex system of nets, where they are kept for a maximum of six months. Tuna fish are fed daily with frozen pelagic fishes until a desired fattening level is attained. According to International Commission for the Conservation of Atlantic Tunas (ICCAT) fattening consists of when mature individuals (<30 kg) are reared for a shorter period of time (generally between 4.72 and 9 months). During 2005 and 2009 statistics on bluefin tuna were reported as aquaculture production, but afterwards those values were omitted from aquaculture statistics. Both operations are monitored by ICCAT.

Mullet juveniles are naturally recruited into earth ponds where they are grown under extensive or semi-intensive regime. Production volume contributes to total aquaculture production, with values oscillating between 1 to 4 tonnes.

## 3.6 Molluscs

### 3.6.1 On-grown production

**France**

Oyster on-grown production, mainly *Magallana gigas*, is the main farmed species in the ecoregion with a production in 2021 of 49 611 t. The total volume produced is steadily decreasing since 1996 when oyster production reached more than 90 000 t. The value produced by oyster production is increasing to reach 255.8 million euros in 2021, representing 81% of the total value.

Mussel on-grown production is the second largest in volume and value in the French ecoregion with 14.6% of the value and 27,6% of total volume in 2021. Production can be considered stable since 1980 despite high interannual variability.

The production of cockles, *Cerastoderma spp.*, is also an important production with around 1 200 t produced annually since the late 1980's. Fluctuations of the production are however important, ranging from 0 to 2 280 tons over the last 30 years.

Historically, France produces manila clams, *Ruditapes philippinarum*, after having imported the species in the 70's. In the late 80's the production crashed because of the Brown Ring Disease due to the *Vibrio tapetis*, initially called *Vibrio P1*. Production has fluctuated between 350 and 600 t over the last 10 years.
Finally, the production of flat oyster, *Ostrea edulis*, represents now 387 t of production, for 2.9 million euros of value. The species used to be much more produced, with a peak in 1 961 at 9 843 t. However, ongoing disease outbreaks associated with two parasites, *Marteilia* and *Bona-mia*, have negatively impacted production.

## Spain

Mussel (*Mytilus galloprovincialis*) production is quite stable during the production series 2002-2022 with an average production of around 205 000 t per year, reaching up to 266 900 t in 2017. Value of production is also stable at around 105 million euros per year, ranging from 74 to 151 million euros.

Pacific oyster (*Magallana gigas*) production peaked in 2004 at 1 397 t, but since then production has decreased to 786 tons in 2022. The production value is 2.0 million euros in 2022. Organic Pacific oyster production was reported in Andalusia in 2018 and Asturias in 2019.

The highest production value recorded for European flat oyster (*Ostrea edulis*) was 4 573 t in 2002, and since then it has progressively decreased to 237 t in 2022. Value followed the same decreasing trend than production quantities, ranging from 19.5 million euros in 2002 to 1.4 million euros in 2022.

Among clam's species, Manila clam (*Ruditapes philippinarum*) is the species with the highest production within the Spanish part of the ecoregion. Its production reached 6 276 t in 2011, but since then it has decreased to quantities below 1 000 tons, reaching 718 t in 2022. In 2022 the total value of Manila clam produced in the ecoregion (Spain) was 7.1 million euros.

Production of the pullet carpet shell (*Venerupis corrugata*) showed a decreasing trend from 2002 to 2022, with a production peak in 2013 at 324 t. Current production was estimated in 2022 at 124 t with a value of 1.5 million euros. The grooved carpet shell (*Ruditapes decussatus*) followed the same decreasing trend that the pullet carpet shell, with a maximum of production in 2003 of 248 t and a progressive decrease to 31 t in 2022 (0.9 million euros value).

Cockle (*Cerastoderma edule*) production in Spain between 2005 and 2022 experienced great variation, with low values of only 3 t in 2005 and peaks of production of more than 1 000 t in 2007, 2008 and 2016. In 2022, the reported aquaculture production was 404 t with a value of 2.4 million euros.

Other species have slight productions such as the Queen scallop (*Aequipecten opercularis*), the Variegated scallop (*Mimachlamys varia*) and Great Atlantic scallop (*Pecten maximus*).

## Portugal

Shellfish aquaculture production reached over 9 000 tons in 2021 and then represented 53,5% of the total aquaculture production, and a value of over 100 million euros. Clams and oysters are the most valuable species, ensuring 58.6% of the total value.

Shellfish production fluctuated between 2 500 and 4 000 tons between 1995 and 2012, but since 2013 shellfish production has increased at an average of 7.4%.year⁻¹.

Clams are the most produced species of shellfish. Production volumes have increased since 1990, with strong fluctuations between 1 500 and 3 000 t in the first decade of the 21st century. Since 2016, production volume has increased to almost 4000 t. The volume trade in 2021 was 5 650.8 t and value of 91 360 653 euros.

Mussels' production was maintained below 500 t between 1990 and 2012, followed by a sharp increase in 2013 to 1 500 t. Production values were rather stable the following years, fluctuating between 1 200 and 1 700 t, to increase to over 3 000 t in 2021. The trade volume in 2021 was 1884 tons with a value 2,1 million euros.
Oyster production fluctuated between 500 to 1 200 t between 1995 and 2017. In 2018, a production of 3 500 tons was reported followed by a decrease of similar magnitude in 2019, and the highly variable pattern was maintained with a yield of 2 293 t in 2021. The most produced oyster species is *Magallana gigas* representing around 70% of the oyster production. The rest of the production is supported mainly by *Crassostrea angulata* which became significant in 2009. Statistics on *Ostrea edulis* production were irregular and below 2% in 2017.

Cockle production volume fluctuated between 0 and 450 t these last 30 years. In 2021, 238 t were traded with a value of 0.5 million euros.

## 3.6.2 Hatchery production for on-growing

### France

There are 8 to 10 active hatcheries of oyster spat in the French ecoregion. They mainly produce pacific oyster spats, with an economic value generated of 22 million euros in 2021. Spat are sold at different sizes ranging from 800 µm to 8 mm, and sometimes up to 25 mm when they are pre-grown. The total estimated quantity sold in the ecoregion is 2 973 T. The French part of the ecoregion also holds hatcheries of other shellfish species, mostly clams, which generated 3.7 million euros for 489 T sold in 2021.

### Spain

Currently, there are only three active hatcheries in Spain. They mainly produce clams, the pullet carpet shell (*Venerupis corrugata*) and Manila clam (*Ruditapes philippinarum*). In 2022, around 60 million spat for each clam species was reported. One of the hatcheries produces every year some batches of flat oyster, but this production is not always included in the statistics.

### Portugal

There is only one active hatchery for pullet carpet shell in Portugal. This hatchery is private and for the moment produces seeds to satisfy the growing phase.

## 3.6.3 Hatchery production for environmental stocking

Statistics and other data sources often include data of hatchery production for the restocking of natural beds carried out by research projects or other initiatives carried out by research centres of governmental hatcheries from national or regional administrations.

### France

No planned and controlled restocking programs exist currently in France, except for the Atlantic salmon, *Salmo salar*, or the European sturgeon, *Acipenser sturio*, with annual release of juveniles in the river which are then reaching the ocean for maturation. Over two million salmons are released annually in the rivers of the ecoregion by three non-profit organizations. In parallel, around 700 000 sturgeons are released in the ecoregion.

### Spain

There is hatchery production for restocking of pullet carpet shell (*V. corrugata*), grooved carpet shell (*R. decussatus*), Manila clam (*R. philippinarum*) and arched razor shell (*Ensis magnus*) in recent years.

Projects in the last 15 years released juveniles for restocking of pullet carpet shell (*V. corrugata*), grooved carpet shell (*R. decussatus*), Manila clam (*R. philippinarum*), banded carpet shell (*Politi-tapes rhomboides*), variegated scallop (*Mimachlamys varia*), arched razor shell (*E. magnus*), sword razor shell (*Ensis siliqua*), European razor clam (*Solen marginatus*) and truncate donax (*Donax trunculus*) (OESA-Fundación Biodiversidad, 2018).
In Galicia, production issues of hatcheries, mainly for clams have had an affect on the level of production of these species over time.

### Portugal

No planned and controlled restocking programs exist currently in Portugal.

### 3.6.4 Wild production input to aquaculture

#### France

Mussels spat is collected from the wild using collecting ropes. While some are used directly by the same company for on-growing, spat can also be sold, and this represents a 2.6 million euros trade in 2021 for 410 t of spat.

For oysters, mainly *Magallana gigas*, the same methods are in practice and in 2021 this produced a 2.1-million-euro trade for 139.9 t. However, there has been a clear reduction in the market over the last year, with 417.3 t sold in 2018.

For cockles, juveniles are collected from the wild using dredge.

There are a number of other shellfish species grown in France at much lower volume. Their total production represents 77.5 T produced in 2021 and an economic value of 830 000 euros.

#### Spain

Mussel spat is collected either from rocks in the natural environment or collecting ropes, for later transfer to dropper lines on rafts. For an annual mussel harvest of 250 000 t, seed requirements are estimated at around 7 000 t per year.

Part of the clam seed comes from hatcheries, but there is also collection from natural beds. Pullet carpet shell and Manila clam juvenile production in hatcheries were 62.5 and 59.4 million units in 2022, respectively.

Cockle, Queen scallop, the Variegated scallop and Great Atlantic scallop seed come from natural beds.

## 3.7 Crustaceans

### 3.7.1 On-grown production

#### France

In the ecoregion, the Kuruma prawn, has been more and more produced in oyster ponds over the last years, often in combination with oyster on-growing. In 2021, 54.7 T of shrimps were produced for a 1.2 million euros market.

#### Spain

Except for the white leg shrimp (*Penaeus vannamei*), all crustacean species in Spain are produced using semi-intensive or extensive culture methods.

Atlantic ditch shrimp (*Palaemon varians*) is the main crustacean species produced to commercial size in Spain. There are records from 2013 until 2022 and its production has progressively increased until reaching 343 t in 2022, with a value of 1.7 million euros. The second crustacean species in terms of current production is the Kuruma prawn (*Penaeus japonicus*), which is included in records of production since 2002. Kuruma prawn production in 2022 was 26 t with a value of 0.86 million euros.
Common prawn (*Palaemon serratus*) and palaemon shrimps (Palaemon spp.) were produced until 2014 and 2016 respectively and their production peaked at 132 t and 183 t, respectively.

Caramote prawn (*Penaeus kerathurus*) has been produced since 2010 until now (the last record is 2022), exhibiting production quantities below 2.5 t per year.

### Portugal

Between 1989 and 1994 one firm was producing prawns, *Peneaus japonicas*, in earth ponds in a semi-intensive regime. A production peak of 22 t was reported in 1991 followed by a sharp decline until production ceased in 1993, due to financial aspects but also for legal aspects related to exotic species.

The harvest of Atlantic ditch shrimp, *Palaemon varians*, is recruited naturally into earthen ponds and contributes to aquaculture production statistics since 2005. Volumes harvested increased from 1.1 t in 2005 to 20.8 t in 2018, followed by a decrease in 2021 to 2.8 t.

## 3.7.2 Hatchery production for on-growing and environmental stocking

The hatchery production of crustaceans is limited in the ecoregion with some in Spain where the white leg shrimp is produced in an inland hatchery and juvenile European lobsters where produced and released for restocking between 2008 and 2010. No hatcheries for Portuguese crustacean aquaculture exist and only two hatcheries are operational in France, one of which dominates the market.

## 3.8 Seaweed and microalgae

### France

Very few companies produce macroalgae in the ecoregion. There was a maximum of six companies in 2020 with a production reaching 54.6 t in 2019. Species produced are *Undaria pinnatifida*, *Ulva* sp., *Saccharina latissima* and *Palmaria palmata*.

### Spain

Statistics do not always allow determination of the farmed species. The species cultivated include *Codium tomentosum*, *Codium vermilara*, *Gracilaria spp.*, *Gracilaria coriacea*, *Gracilaropsis longissimi*, *Gracilaria dura*, *Laminaria spp.*, *Ulva lactuca*, *Ulva rigida* and *Undaria pinnatifida*, with current production at 19 t.

Three species of microalgae (*Isochrysis galbana*, *Nannochloropsis gaditana* and *Tetraselmis chuii*) are reported in the statistics from 2017 until now, with a production in 2022 at 1.5 t.

### Portugal

Seaweed production volumes were reported between 2017 and 2019. Green seaweed increased from 28 to 43 t, whereas red seaweed from 1.2 to 1.7 t. From 2020 onwards statistics are not available, related with law enforcement on data protection when the number of farms is lower than three and/or when values are lower than one tonne per year.

At least two microalgae companies exist, but production values are not reported. It might be related with law enforcement on data protection when the number of farms is lower than three and/or when values are lower than 1 tonne per year as aquaculture production.
## 3.9 Other marine invertebrates

### France

Few other marine invertebrates have been tested in the french part of the ecoregion. One producers of purple sea urchin, *Paracentrotus lividus*, has produced up to 6 t annually from 2006 to 2016. Currently, a facility produces blow lugworms, *Arenicola marina*, for biopharmaceutical purposes.

### Spain

Small quantities of the worm *Marphysa sanguinea* have been produced in one facility from 2010 until 2021, peaking in 2015 at 0.3 t.

The green abalone was produced in one facility from 2017 until 2019, with a production peaking at 4.9 t in 2019.

There are records in 2020 of stony sea urchin (*Paracentrotus lividus*) juvenile production for on-growing and in 2022 production was recorded for both on-growing and restocking. In the last 15 years several projects have released stony sea urchin juveniles for restocking.

Common octopus, *Octopus vulgaris*, is on-grown in cages. Its culture is based on the capture of juveniles that are fed to reach commercial size. There are records of production from 2002 until 2018, exhibiting a peak of production in 2008 at 30 T. There is not any commercial hatchery operating in Spain. There is one experimental private centre from a commercial company trying to develop octopus production in hatcheries in the ecoregion and the same company is planning a commercial hatchery in the Canary Islands, outside the ecoregion.
# 4 Policy and Legal Foundation for aquaculture

Lead by Rosa Chapela, Rui Oliveira, José A. Pérez Agúndez

## 4.1 Introduction: Framing the context of the Bay of Biscay and Iberian cost legal framework for aquaculture

This chapter aims to explore aquaculture legislation and policies in France, Spain, and Portugal within the broader context of European aquaculture policy. One of the main common challenges in this ecoregion is related to legal aspects especially concerning the high administrative burden (European Court of Auditors, 2023) which often hampers or delays the execution of aquaculture activities, the receipt of funds or public aids for their promotion, and consequently, contributes to the development of the blue economy in the region through aquaculture. Good governance in aquaculture, which involves effective legislation, ensuring legal certainty for aquaculture promoters and investors, supports a favourable operating environment, and enhances social acceptance of the sector, addressing societal challenges and opportunities.

We will begin by examining the common challenges in the ecoregion's context that pertain to ensuring good governance in aquaculture. This involves providing aquaculture promoters with an understanding of environmental legislation and procedures, environmental impact assessment, food safety standards, and, notably, licensing procedures. Unlike biological, oceanographic, or economic aspects that may vary based on specific country or regional characteristics, the legal aspects of aquaculture exhibit common elements among the three countries due to applicable European legislation. Subsequently, each country within the ecoregion, leveraging its exclusive competencies in aquaculture, develops a legal framework tailored to its legal or judicial culture.

We will also examine why, having an appropriate legal framework is crucial in this ecoregion, as it is in other regions where aquaculture is practised. Additionally, we will highlight the key legal and administrative aspects specific to of each country that can serve as exemplary practices for others and identify the challenges faced by this ecoregion regarding legal frameworks. For these proposes, we will delve into governance, which encompasses more than just the administrative management of the activity; it involves a range of public and private interactions aimed at addressing societal issues and capitalizing on societal opportunities (IUCN, 2009).

In the Bay of Biscay and Iberian Coast ecoregion, multi-tiered governance often leads to complex procedural requirements that can hinder the growth and development of aquaculture. Consequently, the regulatory landscape is characterized by an intricate interplay of diverse administrative roles, that need a continuous adaptation to technological innovations and economic growth.

Aquaculture is highly regulated because it plays a critical role in food production and operates in coastal and maritime zones, public or public domain, requiring adherence to quality standards and environmental protection rules. However, is widely recognized that aquaculture also holds significant potential for job creation and food supply in this ecoregion, where aquaculture plays a very crucial role in both social and economic dimensions, sharing common challenges in terms of legislation that justify this analysis. Many of these challenges or their potential solutions are found in European policies or strategies, making it often unavoidable to reference a broader framework than that of the ecoregion.
Such is the level of importance of administrative regulation that cases of aquaculture promoters relocating from Galicia, Spain, to Portugal or France have occurred in this same ecoregion, as seen in the cultivation of sole and turbot<fnref n="3" />. However, it is expected that with the new regulation and maritime spatial planning, along with the streamlining of procedures in Spain and the Galician region, procedures and legal frameworks in this ecoregion will be aligned, and aquaculture development will be uniform and driven by the blue economy in the Atlantic.

These two areas of activity in aquaculture involve a multitude of regulations and legislation that often complicate the process of granting and/or renewing licenses. Examples include matters related to food and food safety, prevention and control of diseases, Hazard Analysis and Critical Control Points (HACCP), traceability, labelling, organic production, licensing, license renewal, Environmental Impact Assessments (EIA), landscape regulations, etc. On the other hand, governments are responsible for establishing standards for environmental management and adopting regulations and laws to enforce compliance with these standards, regulating diseases, escapes, animal welfare, production and waste management, and other environmental requirements. All these transversal aspects make aquaculture a highly regulated sector compared to other food sectors.

## The new green wave in this ecoregion aquaculture framework

The European Union has witnessed significant developments in aquaculture policies and governance in recent years. Initiatives such as the "Food from Oceans" document and the EU Green Deal have spurred actions towards promoting sustainable aquaculture and addressing challenges in the sector. Key recommendations have emphasized the importance of low-trophic aquaculture, focusing on species like algae and systems such as IMTA (European Commission, SAPEA, 2017). The Farm to Fork (F2F) Strategy under the EU Green Deal further advocates for sustainable practices and the promotion of low-trophic species aquaculture (European Commission, 2020).

The Common Fisheries Policy reform in 2013 introduced the Multiannual National Strategic Plans for Aquaculture to improve coordination between EU policies and Member States' competencies. This governance system, which applies to the three countries in the ecoregion, encourages Member States to implement strategic plans and facilitates the exchange of best practices, aligning with EU objectives for sustainable aquaculture development. The recent European Maritime, Fisheries and Aquaculture Fund<fnref n="4" /> and the new Strategic Guidelines for aquaculture aim to provide financial support and strategic direction to enhance competitiveness, resilience, and sustainability in the EU aquaculture sector. These guidelines emphasize areas such as access to water and suitable spaces, reducing administrative burdens, improving environmental performance, addressing climate change, and focusing on health and animal welfare (European Commission, 2021).

The national aquaculture plans or strategies in France, Spain and Portugal are uniformly aligned with these challenges and objectives, aiming for a collectively stronger and more competitive aquaculture sector across Europe. This alignment results in a broadly consistent legal framework among the European Union countries, thereby ensuring equitable conditions for all members.

<footnote n="3">³ https://www.laopinioncoruna.es/galicia/2016/03/13/firmas-acuicolas-galicia-producir-paises-24524154.html.</footnote>

<footnote n="4">⁴ Regulation 2021/1139 establishing the European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017/1004) promotes the financing of measures aligned with community aquaculture strategies, thus attempting to achieve greater coherence in the sustainable development of European aquaculture. The support provided to aquaculture initiatives through the EMFAF will be consistent with the National Multiannual Aquaculture Plans (article 27 of the EMFAF).</footnote>
## 4.2 EU Policies and Legal Frameworks in the France-Spain-Portugal Ecoregion

Many of the legal regulations and strategies approved in the EU are directly or indirectly applicable in the three countries of the ecoregion. Before delving into how these regulations have been transposed or adapted into their legal systems, it is appropriate to introduce, as a general framework for Europe, legislation regarding MSP, environmental law, food safety, and organic aquaculture.

### 4.2.1 Integrating Aquaculture into the EU's Maritime Spatial Planning Policy Framework

Beyond the recognized benefits of the Directive 2014/89/EU, establishing a framework for maritime spatial planning (MSP), and its contribution to sustainable and reconciliatory development of various activities in maritime areas, this Directive can contribute simplifying the administrative procedures for obtaining licenses, one of the most hindering aspects of aquaculture development in the Ecoregion.

In many cases, especially in maritime areas, the process of granting licenses is prolonged, discouraging aquaculture investors. This is due to the involvement of multiple administrations in these maritime areas, each having a say in future establishment of marine aquaculture: maritime transport, tourism, navigation, fishing, ports, heritage, defence, public domain, environment, etc. If all these administrations have previously and collectively provided their opinions when a maritime area is designated for aquaculture, the administrative procedures for granting licenses should be much more streamlined and quicker.

Undoubtedly, the existence of zones or areas officially declared of interest for marine aquaculture can help to simplify the red tape and bureaucracy with the administration, offering greater legal security to aquaculture promoters. They will know in which areas they can carry out their activity without any future uncertainty telling them to cease operations because another greater interest demands that occupation. The MSP Directive itself acknowledges that the management of maritime spaces will create "confidence and certainty for investors provided through maritime spatial planning" (Recital n° 5 and 9).

The aquaculture location in specific areas would mean that an aquaculture agency will monitor those areas for aquaculture, all the permits and environmental impact assessments and other requirements from other administrations have been already provided to recognize that area as for aquaculture. Moreover, the Maritime Spatial Planning (MSP) Directive and the rules and plans of the Member States that transpose it ensure that aquaculture will have a reserved space in those Member States and the directive refers to aquaculture as the first activity, uses and interest that those plans may include (art. 8.2) and among their objectives (Chapela et al., 2022).

> "Through their maritime spatial plans, Member States shall aim to contribute to the sustainable development of energy sectors at sea, of maritime transport, and of the fisheries and aquaculture sectors, and to the preservation, protection and improvement of the environment, including resilience to climate change impacts". (art. 5)

As we will see in the sections on the legislation of each state of the ecoregion, the Member States must develop their maritime spatial planning in which they must establish the priority areas for aquaculture.
#### 4.2.1.1 Environmental legislation

Although environmental issues and aquaculture are extensively addressed in Chapter 6, the affect of European environmental legislation on the aquaculture industry must be acknowledged in this context. The sector interacts and must comply with numerous European regulations, particularly environmental ones, including the Environmental Impact Assessment Directives, Natura 2000, Birds Directive, Water Framework Directive (WFD), and Marine Strategy Framework Directive (MSFD). These directives, especially the MSFD and WFD, focus on water quality protection.

The WFD, replacing older directives, aims to protect and restore water bodies to support aquatic life, mandating that all inland and coastal waters achieve good status. The MSFD, meanwhile, seeks to maintain good environmental status in maritime waters by 2020, with a broader scope than the WFD, including larger assessment scales<fnref n="5" />.

Aquaculture must comply with these directives, implemented through national legislation. The MSFD is particularly significant for ensuring the environmental sustainability of aquaculture, addressing impacts like the introduction of non-indigenous species, nutrient and contaminant release, and potential wildlife disturbances.

The directives promote practices beneficial for both environmental protection and aquaculture development, such as Integrated Multi-Trophic Aquaculture (IMTA), which can improve seawater quality.

It is worth highlighting that the European Commission, in its document on the Guidance Document on Aquaculture and Natura 2000 (European Commission, 2018), establishes the compatibility of aquaculture activities with the preservation of the natural values of the Natura Network areas<fnref n="6" />.

#### 4.2.1.2 Food safety in the European Union legal framework

The EU has established a comprehensive set of food safety and health regulations for aquaculture products, aligned with the Farm to Fork Strategy and the FAO's Code of Conduct for Responsible Fisheries, art. 4.9.7 (FAO, 1995). These regulations aim to protect consumer health and ensure product quality. Key elements include the implementation of Hazard Analysis and Critical Control Points (HACCP) systems, comprehensive traceability, and adherence to quality standards.

The cornerstone of EU food law is Regulation 178/2002, which established the European Food Safety Authority (EFSA) and set the framework for food safety procedures. This law emphasizes quality management and process-oriented controls along the entire food chain, from production to consumption, and mandates traceability for all food, feed, and ingredients<fnref n="7" />.

Specific regulations under this framework include Regulation (EC) No 852/2004 on food hygiene, which requires food business operators to meet hygiene standards at all production stages and implement HACCP principles. Regulation 853/2004 sets specific hygiene rules for food of animal origin and outlines requirements for identification marking and specific cases for certain aquatic

<footnote n="5">⁵ Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive).</footnote>

<footnote n="6">⁶ In Spain, according to data from the National Strategic Plan for Aquaculture 2021-2027, there are 2,902 establishments located in the Natura 2000 network, across 111 areas.</footnote>

<footnote n="7">⁷ REGULATION (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, art. 3.1.</footnote>
animals. Regulation 854/2004 establishes rules for official controls on animal products intended for human consumption.

Additionally, Directive 2006/88 addresses animal health in aquaculture, focusing on the prevention and control of diseases, with amendments for further disease control. This directive categorizes diseases into exotic and non-exotic, with strict controls on the movement and importation of aquatic animals based on their health status.

Overall, the EU's legislative framework, applicable in this ecoregion, ensures the health and safety of aquaculture products through stringent control measures, disease management, and quality assurance protocols.

#### 4.2.1.3 Specific EU regulation on organic aquaculture

The European Union, through its Farm to Fork and Biodiversity Strategies, aims to significantly increase organic aquaculture, including seaweed production, by 2030. To achieve this, a robust regulatory framework is essential. European organic aquaculture regulations, continually updated to reflect the sector's evolution, aim to provide clear rules for organic animal and seaweed production, ensuring uniform application across member states.

Regulation 710/2009 was a key development, being the first to specifically address organic aquaculture, including seaweed. It sets standards for seaweed culture, emphasizing the use of natural nutrients and integration into polyculture systems. EU regulations cover various aspects of organic aquaculture, such as stocking densities, water quality, respect for biodiversity, and restrictions on artificial spawning and feed sources. Special provisions are made for bivalve mollusc and seaweed production.

A significant update occurred with Regulation (EU) 2018/848, effective from January 2022, replacing the initial organic production regulation. This regulation aims to standardize organic production and labelling rules within the EU and in trade with third countries, requiring non-EU producers to comply with EU standards. The regulation introduces "group certification" for small-scale producers, facilitating their access to international markets and reducing inspection and certification costs (Idowu, 2020). This is particularly beneficial for small seaweed and aquaculture producers.

The regulation also acknowledges the unique nature of macroalgae aquaculture. Since seaweed naturally obtains nutrients from the sea, most seaweed can be considered organic. However, hatchery-based seaweed aquaculture might not always meet these criteria. Additionally, the regulation recognizes the concept of polyculture systems in aquaculture, allowing for the cultivation of multiple species within the same unit, enhancing sustainability and ecological balance.

### 4.3 Aquaculture legal Framework in Spain

Aquaculture in Spain is a long-standing tradition, as corroborated by the data on species and volume cultivated presented in chapters one and two of this document, placing this country among the top in Europe in terms of mollusc farming. This activity, which began in the 1950s and expanded into various types of aquaculture in the 1980s, has been supported by a legislative framework that has evolved step by step alongside the development of the aquaculture industry. The legislative production in Spain has been overwhelming, and perhaps it is in recent years when the legislation is no longer keeping pace with the technological evolution that aquaculture is experiencing. But efforts have been made in Andalusia, Galicia, and the Basque Country to try to accommodate new forms of aquaculture to their geography, traditions, and socio-economic aspects, as evidenced by their Strategic Aquaculture Plans.
In Spain, the system of competencies in aquaculture is further complicated because, in this decentralized State with Autonomous Communities, the competencies in aquaculture fall to these regional entities<fnref n="8" />. Additionally, unlike the fishing activity, this main rule does not set geographical limits on the exercise of this activity. Therefore, according to Spanish constitutional rules, the Autonomous Communities are competent in regulating everything related to aquaculture, even in territorial seas, beyond internal waters. However, there are several pieces of legislation applying to aquaculture (sanitary, environmental, sectoral, health, market, etc.) both from central government and from other decision-making bodies in the regions, or even from European legislation. Due to the overlapping of some competencies that would affect aquaculture, the conflicts caused for the lack of coordination in some cases, or the over-regulated scenario in others, usually result in the stagnation of aquaculture (Chapela et al., 2022).

In this situation, and before the Autonomous Communities exercised their competencies in aquaculture, the Spanish state published what can be called the first law on low trophic aquaculture with the Law 59/1969, on Shellfish Management, becoming the first law that generally regulates this sector for the entire national scope. It meant the transformation from an extractive activity for shellfish to the cultivation, especially for cockles, clams and mussels (Chapela, 2002). Lately, Spain published a more comprehensive Law 23/1984, 25 July on marine aquaculture. Soon, the Autonomous Communities reacted by exercising their powers, publishing their own laws on fishing and aquaculture. Galicia was the first and the most productive in terms of regulations for aquaculture in its various forms and spaces, with the Law for marine aquaculture 15/1985.

Now, aquaculture in Galicia is regulated by Law 11/2008, 3 December on fishing<fnref n="9" />, a law that jointly addresses the fisheries and the aquaculture activity. Since that year, aquaculture has not been regulated individually in a specific text, but rather jointly with fishing in all these regions. This probably means that during the 1980s, public authorities wanted to reflect in the law what an authentic aquaculture boom was in those years, then relaxing to merge with fishing on a law that sometimes does not correspond to the technological advancements in aquaculture<fnref n="10" />. This new Law on fishing in Galicia has a complete chapter for aquaculture and its permits and monitoring of this activity.

As the main producer of aquaculture in Spain, the Autonomous Community of Galicia has taken the lead in regulation aquaculture in greater detail. This has been achieved through the laws along with regulations, that are tailored to different types of aquaculture and the specific areas where the activities are carried out:

a) Aquaculture in the maritime zone is regulated by Decree 406/1996, of 7 November, approving the Regulation of Marine Aquaculture cages in Galician waters.;

b) Aquaculture in the terrestrial zone: Decree 274/2003, of 4 June, regulating the procedure for obtaining permission and granting activity for aquaculture establishments and auxiliary aquaculture facilities in terrestrial areas.

<footnote n="8">⁸ According to the Spanish Constitution in its Article 148, aquaculture is an activity of exclusive competence for the Autonomous Communities.</footnote>

<footnote n="9">⁹ This law was modified by Law 1/2009 of 15 June on amendments to Law 11/2008 of 3 December on fishing in Galicia. (Official Journal of Galicia DOG No. 116, of 16 June) and Law 6/2009 of 11 December on amendments to Law 11/2008 of 3 December on fishing in Galicia. (Official Gazette of Galicia DOG No. 243, of December 15).</footnote>

<footnote n="10">¹⁰ This region tried to approve the first Aquaculture Act in 2016 in Spain, however surprisingly the draft bill has been temporarily retired and will be discussed again. The reasons for not approving this law should be found in the social license of aquaculture in Galicia. This Galician Regional Government's draft law on aquaculture has triggered concern and growing opposition across the region among members of the public and industries using the same zones as aquaculture, mainly some artisanal fishing sector and mussel producers.</footnote>
Similar steps are being taken in Andalucía as well. Andalucía, the southern part of this ecoregion was the following region developing a strong legal framework for aquaculture. The Law 1/2002, 4 April, for planning, promoting and monitor fisheries and aquaculture. After approving a Strategy for the Development of Marine Aquaculture in Andalusia (Junta de Andalucía, 2014 b), this region decided to create its own legal framework for marine aquaculture, primarily aimed at simplifying administrative procedures and facilitating access to licenses for aquaculture promoters, thus, the Decree 58/2017 of 18 April regulates the marine aquaculture in Andalusia in depth. And this region continues to support aquaculture through a New Aquaculture Strategy aiming at enhancing and providing greater support to this activity. This includes maritime spatial zoning for aquaculture and streamlining the administrative procedures, thereby offering more legal certainty to aquaculture promoters (Junta de Andalucía, 2022).

Asturias has a law that also jointly regulates fishing and aquaculture, Law 2/1993, of 29 October, on Maritime Fishing in Inland Waters and the Exploitation of Marine Resources and includes a chapter on marine aquaculture. The Asturias law presents a simpler regulation, focused on marine cultivation in general in public domain areas, its licenses, concession procedures, causes of extinction, and inspection.

The Basque Country, on the Cantabrian coast of the Iberian basin, also regulates aquaculture in its 6/1998 Fishing Law. This Law delimits the content to marine cultivation, some principal rules about the licenses or permits, their termination, the declaration of areas of aquaculture interest by the Basque government, and an innovative section on the cultivation and harvesting of algae that will require an exploitation plan.

More recently, the Law of 1/2021, of Fisheries, Shellfish Gathering and Aquaculture of Cantabria, devotes a greater number of articles to aquaculture and goes into somewhat more detail than its neighbouring Autonomous Communities in regulating the procedure for granting licenses, and regulates experimental aquaculture authorizations. This law, being the most recent, is the only one that has explicitly included a reference to the scope of regional competencies beyond internal waters: to the territorial sea and the Exclusive Economic Zone, which is valid for all autonomous communities in Spain:

> The regulations related to aquaculture are applicable to aquaculture activities carried out throughout the territory of Cantabria, in the maritime-terrestrial zone, in the internal maritime waters, in the territorial sea, and in the Exclusive Economic Zone off the coast of Cantabria (art. 2, c).

Despite the different legal regulations for aquaculture, Spain has approved an Aquaculture Plan following the guidelines of the European Aquaculture Strategy and linked to the European funds from the EMFF. Thus, the document "Spain's Contribution to the Strategic Guidelines for a More Sustainable and Competitive EU Aquaculture 2021-2030" (MAPA, SGP, 2022), from the Ministry of Agriculture, Fisheries, and Food has developed its strategic planning with the collaboration of all the Autonomous Communities, trying to integrate common regulations and procedures for Spain. In addition to this, these Autonomous Communities have developed their own strategic plans, which are nowadays integrated into Spanish Plan for Aquaculture<fnref n="11" />.

A notable example of good practice in institutional and administrative coordination in Spain is the establishment of the National Advisory Board of Marine Aquaculture (JACUMAR) created by the Law 23/1984 on marine aquaculture. This board serves as a stable mechanism for collaborative efforts and plays a foundational role in enhancing cooperation among administrations, sectoral organizations, and other stakeholders involved in aquaculture. JACUMAR, led by the

<footnote n="11">¹¹ This is the case of Galician, Andalucian and Basque Country regional aquaculture strategic Plans.</footnote>
Spanish Ministry of Fisheries, includes the General Director of each Autonomous Community with responsibilities in aquaculture as advisory members (MAPA, 20023). Within this framework, they developed the Strategic Aquaculture Plan 2020-2030 for Spain. This advisory Body in Spain plays a crucial role in specific areas where the coordination between regions like Galicia, Asturias and Andalucía is needed especially when it comes to the development of the Marine Spatial Plan for Aquaculture. This was done in a highly coordinated manner with all Autonomous communities, which had a very positive effect on the final proposal agreed (European Commission, 2024).

### 4.3.1 Aquaculture Licensing Procedures in Spain

With some minor differences, the five regions in Spain that are part of this ecoregion, follow similar procedures for granting aquaculture permits. In this document, a synthesis of them is presented emphasizing the most relevant differences that contribute as good practices to simplify procedures and expedite processes.

Despite having exclusive competence to grant aquaculture permits, if this activity is carried out on public domain or state land, then they need a permit or a prior report from the holder of that space, which is the State Administration. This remains the case unless the State Administration decentralizes the management of said public domain to the Autonomous Communities, as has happened in some other parts of Spain like Catalonia or Andalusia. Therefore, any occupation in those areas for aquaculture needs an additional license or concession by Central or Spanish authorities according to the Spanish Law of Coasts 22/1988, and the Decree 1471/89, developing the Law of Coasts. The combination of both regional and national competences, results in complications and red tape when granting aquaculture licences, making this procedure for licence granting extremely complex and often results in legal vulnerability of the promoter (Chapela et al., 2022).

the issue of licenses has been and continues to be one of the major problems hindering the development of aquaculture in Spain, even paralysing it in some places. It must be acknowledged that the administrations and public authorities have made great efforts to simplify procedures. Even the Constitutional Court has ruled on the nature of the State's concession to occupy the public domain, eventually admitting that a binding report from the Ministry of Environment would be sufficient to expedite the processes. Today, the issue of overlapping competences, which led to a duplication of concessions, has been resolved with the binding report of the Ministry responsible for the management of the coasts and the public domain and the aquaculture permit is granted by the regional administration.

In addition to the administration that holds the public domain and the administration granting the license for aquaculture, there are usually up to ten public administrations or authorities that can be involved in this process, as they need to issue their report or feedback to the management authority that grants aquaculture licenses. These include transportation, defence, environment, heritage or tourism. This leads to a complex procedure, as shown in Figure 4.1 present in the Spanish Aquaculture Strategy.

Briefly, the procedure begins with the application by the promoter, which is normally managed by the competent administration in aquaculture in the autonomous community. This administration will, in turn, be responsible for collecting other licenses or reports from different administrations, which can vary depending on the type of aquaculture establishment:

* Authorization for the occupation of public domain;

* Discharge authorization;

* Environmental authorization;
* Reports from entities in Defence, Fisheries, Tourism, Maritime Captaincy, Territorial Planning, Provincial Delegations, Cultural Heritage, Municipalities, and others, as appropriate;

* Buoy marking in the maritime zone.

Generally, it is necessary to present a report on economic and technical feasibility as well as an environmental assessment report, where applicable. In Spain, according to Law 21/2013 on environmental assessment, all intensive aquaculture facilities with a production capacity exceeding 500 tons/year must undergo a simplified environmental assessment.

The Ministry of Agriculture, Fisheries, and Food in Spain has made available on its website the procedures for obtaining authorization for aquaculture farms in each autonomous community. These guidelines serve as a reference for all relevant stakeholders<fnref n="12" />.

<figure><img src="image_26.png" /><figcaption>Figure 4.1 Simplified outline of the aquaculture permits authorization procedure. Translation based on the outline provided by the SGP-MAPA document in S'ain's Contribution to the Strategic Guidelines for Aquaculture, 2022.</figcaption></figure>

This is a complex procedure that "on average can last almost 30 months and, in some circumstances, can be significantly prolonged" (MAPA, SGP, 2022), despite efforts to simplify by

<footnote n="12">¹² Spain's procedures for the authorisation of aquaculture farming in the different Autonomous Communities (last updated in 2022). General Secretariat for Fisheries of the Ministry of Agriculture, Fisheries and Food: https://www.mapa.gob.es/es/pesca/temas/acuicultura/datospracticos/gestion-administrativa/default.aspx.</footnote>
establishing one-stop offices, reducing red tape, training public managers. However, the long duration of these procedures continues to be an obstacle to the development of the activity in Spain.

The legal frameworks in Galicia and Andalusia aim to simplify licensing procedures through streamlined legislation and better coordination tools among all the agencies and public authorities involved. The Andalusian Decree 58/2017 sets a maximum deadline of 6 months to issue the license in public domain. When aquaculture activities are developed on private properties, the deadline for resolution is two months. To achieve this administrative simplification and facilitate access to licenses and suitable spaces for aquaculture companies, Andalusia approved a specific law for the improvement and simplification of regulations to promote productive activities in Andalusia, including aquaculture (Decree-Law 2/2020, March 9). This regulation centralized the processing of activity and public domain occupation permits under a single authority in the region, subject to prior review by the State Administration.

In addition to simplifying administrative procedures, some administrations, such as the Galician government, have declared aquaculture a public interest activity through the resolution of 26 May 2011, and more recently, Law 4/2023, of 6 July, on the planning and integrated management of the Galician coast, also confers this strategic character to aquaculture on the coast. This designation provides greater protection for this activity by the authorities, both in terms of granting licenses and in establishing areas for aquaculture along the coast by giving it certain priority and improving the legal security to promoters.

The permit for aquaculture in Spain is issued for 10 years and might be extended to periods of a further 10 until a 30-year maximum. Generally, licenses can be transferred along with the facility, always with prior authorization from the administration. Similarly, they can be inherited if previously communicated to the competent body. In the case of maritime concessions in Galicia and Asturias, there is a preference for producer organizations and fishing guilds in the granting of the concession.

To facilitate the introduction of new aquaculture systems or the incorporation of new species, both autonomous communities, Galicia and Andalusia, which consider aquaculture as a strategic activity in their economies, regulate experimental authorization. These are temporary concessions that in Galicia will have a duration of five years and in Andalusia specifically for "new crops, innovative projects, or those without previous experience in the region," thus leaving the door open to new species or cultivation systems that want to experiment in Andalusia.

### 4.3.2 The Environmental Impact Assessment in Spain

Only specific types of aquaculture in Spain is subject to an environmental impact assessments (EIAs). Prior to the enactment of Law 21/2013 on Environmental Impact Assessment in Spain, regions had diverse regulations regarding EIAs, resulting in a heterogeneous situation with 17 different types of EIAs. This Spanish law standardized terminology and established common criteria for all regions of the country. While Spain develops the basic regulations, regions have the flexibility to introduce strictly necessary modifications to address their particularities (Ruiz de Apocada, 2018).

The competent body for issuing the environmental impact statement is the environmental authority in each region or Autonomous Communities, which is distinct from the authority issuing aquaculture permits. This environmental authority conducts a technical analysis of the file after the public information period and formulates the Environmental Impact Statement.

The law classifies environmental impact procedures according to the type of project: a regular evaluation procedure for projects of greater impact, although it does not specifically mention
aquaculture (Annex I). In contrast, Annex II contains the Simplified Evaluation for projects with less significant environmental effects, including intensive aquaculture facilities when the production capacity exceeding 500 tonnes per year. In this case, the procedure is shorter.

The aquaculture promoter submits the environmental impact application to the agency that will grant the aquaculture license or the processing body. This agency verifies the information and forwards it to the competent environmental authority, which conducts a public information process for the environmental impact study. Within a period of three months, it will issue the environmental impact statement, authorizing or not authorizing the activity and establishing the necessary environmental requirements, if applicable.

If the project requires an environmental impact statement, once the public information period is completed, the file will be forwarded to the environmental authority as established in the corresponding regulations. (Article 11 of Galician Decree 274/2003, regulating the procedure for obtaining the permit and granting of activity for aquaculture establishments and aquaculture support facilities on land).

### 4.3.3 Maritime spatial planning and aquaculture

Some regions in Spain tried to reduce the procedures and improve their efficiency by designing coastal-zone planning for aquaculture, most of them defined as "interested zones for aquaculture" as it was described in the Law 23/1985 of Aquaculture, as "those zones that for its optimum conditions for aquaculture needs official protection". Galicia has created polygons at sea for mussel aquaculture in rafts (bateas) (Decree 406/1996, regulation for marine cage aquaculture in Galician waters). Galicia has also published a Sectoral Plan for Aquaculture to establish suitable zones inland and in coastal zones in 2005 and replaced it with a new Aquaculture Plan in 2008. Within the framework of Directive 2014/89, Spain has approved the POEM, Marine Spatial Planning, agreed upon by all the coastal Autonomous Communities to delineate spaces for different activities along the coast, and the aquaculture among them<fnref n="13" />. In the case of Galicia, its entire coast has been declared as having potential for aquaculture, demonstrating the interest in this activity and its protection or priority over other possible activities that aim to establish themselves on the Galician coast, such as offshore wind farms. Galician government is developing the MARPLAN a decision-making tool to establish areas for maritime aquaculture to identify and quantify the socio-economic value of mollusc production in the Galician estuaries. This tool will assist aquaculture managers in making informed decisions regarding the allocation of zones and polygons aquaculture compared to other activities, while also promoting reconciliation with them<fnref n="14" />.

The case of installing ocean energy systems through wind turbines is currently significant on the Spanish North Atlantic coast, affecting Galicia and Asturias, the North Atlantic Marine Demarcation, where the fishing and aquaculture sectors oppose the controversial creation of offshore wind farms outlined in the POEM. We are facing a controversial case with significant implications for a large part of the maritime-industrial sector in Spain. Indeed, fishing sectors traditionally established in Galicia and some NGOs have expressed their rejection and concern regarding the planning of these offshore wind energy projects<fnref n="15" />. Law 41/2010, of 29 December, on

<footnote n="13">13 Royal Decree 150/2023, of February 28, which approves the maritime space management plans of the five Spanish marine demarcations (POEM).</footnote>

<footnote n="14">14 This decision-making tool is being developed during the writing of this chapter. https://www.xunta.gal/es/notas-de-prensa/-/nova/85695/cetmar-disena-una-nueva-herramienta-apoyo-toma-decisiones-ordenacion-espacial.</footnote>

<footnote n="15">15 Fishermen from Galicia and Asturias created the Platform in defence of fishing and marine ecosystems after the signing of the *Burela Manifesto*, promoted by the National Federation of Cofradías of Spain for the defence of ecosystems, fishing</footnote>
protection of the marine environment, establishes that in the planning of the marine environ-
ment, an "adaptive management of human activities" must be followed. This will be applied
following the precautionary principle and the ecosystem approach, and "taking into account sci-
entific knowledge, to ensure that the combined pressure of these activities is maintained at levels
compatible with achieving a good environmental status" (art. 4). In addition, the Royal Decree
363/2017, of 8 April, establishes a framework for maritime spatial planning. It emphasizes that
in determining maritime spatial planning, "the peculiarities of marine demarcations, as well as
relevant existing and future activities and uses and their impacts on the environment, especially
on protected species and areas, and resources, must be duly considered. Interactions between
land and sea must also be considered (art. 4.5).

Therefore, it would be of interest to address clearly and effectively in a spatial planning docu-
ment the maritime and maritime-terrestrial areas where aquaculture can be developed in peace-
ful coexistence with other activities or without negatively affecting other economic interests.

In the southern part of the ecoregion, the Andalusian government has released a document that identifies suitable areas for Marine Aquaculture development. This document contains spatial, environmental, and sectorial information aimed at assessing the potential of areas for aquaculture. It categorizes zones as "suitable" for aquaculture and includes 'suitable areas with limitations,' which have lower potential for aquaculture. This publication corresponds to the 5th Stage of a project whose overarching goal is to identify suitable areas for the organized expansion of aquaculture along the Andalusian coast. This assessment takes into account inherent cultivation factors, existing uses, activities, and occupations, as well as the conservation of environmental values in the identified areas (Junta de Andalucía, 2014).

The purpose of this document is to provide information to the relevant administrations respon-
sible for authorizing marine aquaculture and to potential new investors. It aids in selecting the
optimal location for aquaculture spaces, considering environmental, technical, and administra-
tive criteria. Furthermore, it ensures long-term legal security for companies operating in the sec-
tor.

The Andalusian aquaculture strategy itself stipulates that these areas will need to be reviewed
and aligned with the provisions of the Marine Spatial Planning Plan (POEM) approved by Span-
ish government. In the case of Andalucía, the future development of the aquaculture sector has
culminated in a Proposal for Spatial Planning in the South Atlantic Demarcation, illustrating the
zones of future uses that have been studied and delimited within the framework of the work
carried out by the regional administration. These zones have been included in the inventory of
future uses of said planning. According to this proposal within the Spanish POEM, marine aq-
uaculture production in Andalusia could exceed 14 000 tonnes in the coming years, showcasing
aquaculture production diversity (MTERD, 2023).

4.4 Aquaculture Legal Framework in Portugal<fnref n="16" />

4.4.1 Aquaculture licensing procedures in Portugal

The legal regime for the installation and exploitation of culture establishments in marine, transi-
tion and inland waters is defined by Decree-Law No. 40/2017, of 4 April. This Decree-Law

<footnote>and better management of spaces for offshore wind power in coexistence with fishing and other activities in the seas,
https://www.fncp.eu/wp-content/uploads/2022/07/NP-Manifiesto-de-Burela-Julio.pdf.</footnote>

<footnote n="16">¹⁶ Part of the content of this chapter originates from the work carried out within the framework of the AquaVitae project "New species, processes and products contributing to increased production and improved sustainability in emerging</footnote>
declares in its Preamble, among different measures, "the purpose of launching an offshore aquaculture program, to resume aquaculture semi-intensive and extensive use of bivalves in estuaries, and to support the studied introduction of new species".

This legislation also encompasses associated facilities situated on privately owned land, state-owned domains (both private and public), as well as those under local authorities, including public water bodies.

Assuming that licensing procedures could be a barrier in aquaculture development, this Decree-Law specifically aims to allow "greater speed and agility in the treatment of processes associated with this productive sector". This regulation is a consequence of the provisions of the Strategic Plan for Portuguese Aquaculture, 2014-2020 in line with the European Strategic Guidelines for Aquaculture. This Plan, among other legal issues, prioritized:

"**the adaptation of the legislation that covers the licensing of the use of the water domain and [...] the simplification of procedures and definition of elements to be submitted by economic agents; creation of an electronic platform for the submission, analysis, and processing of licensing processes for aquaculture establishments**"17.

The simplification process of aquaculture licensing is already implemented, as stated in the new Strategic Plan for Portuguese Aquaculture 2023-2030¹⁸, occurring on the electronic platforms, ePortugal (https://eportugal.gov.pt/) and Bmar -Electronic Sea Counter (https://www.bmar.pt/), for the submission, analysis, and processing of licensing for aquaculture establishments in inland waters and in marine waters, including transitional ones, respectively.

It's worth noting that the Directorate-General for Natural Resources, Safety, and Maritime Services (DGRM) serves as the central coordinating authority for the processes involved in setting up and managing facilities in marine and transitional waters, along with their associated counterparts.

However, this new plan, recognizing the progress made in Portugal in the field of digitalization and simplification of procedures, envisages new actions to be implemented to further improve the aquaculture licensing process and to continue the improvement processes. For example, with the development of a licensing procedure guide to reduce the licensing period and to disseminate it among promoters. The design of active aquaculture zones and areas with potential for aquaculture will be represented on the e-aquaculture portal, with the goal to reduce the licensing period to 90 days by 2030, excluding the periods necessary for Environmental Impact Assessment or Environmental Impact Studies.

Licences to establish and operate a marine aquaculture facility are granted by DGRM (National Body for Marine Resources, art. 4º), after consultation and approval from APA (Portuguese Agency of the Environment). Approval from other public authorities may be required for specific cases or locations, this includes ICNF (National Institute for the Conservation of Nature and Forests), the competent port authority, and Autoridade Marítima Nacional (Nacional Maritime Authority), in cases where the facility is located within their jurisdiction. In addition, Instituto Português do Mar e da Atmosfera (National Institute for the Sea and Atmosphere), and Direção-Geral de Alimentação e Veterinária (State Veterinary and Food Administration) as stated in art.

<footnote>low trophic, and existing low and high trophic aquaculture value chains in the Atlantic". The Deliverable 8.1 analysed the legal frameworks of Spain, Portugal, Germany, Brazil, and South Africa, focusing on Long-Term Agreements (LTAs).</footnote>

<footnote n="17">17 Strategic Plan for Portuguese Aquaculture, 2014-2020, Ministry of Agriculture and Sea, Portuguese Government. Link.</footnote>

<footnote n="18">¹⁸ Plano Estratégico para a Aquicultura Portuguesa 2021-2030; DGRM (Direcção Geral de Recursos Naturais, Segurança e Servizos Marítimos) https://mar2020.blob.core.windows.net/mar2020/2022/10/PT_PEA_2021_2030.pdf.</footnote>
6º. This is a one-stop-shop process starting with an online application submitted to DGRM<fnref n="19" />. During the technical analysis of the requests, all the authorities competent in the matter are consulted and, if all the entities give a favourable opinion, the aquaculture licence is issued.

In cases where the licence is requested for an area of public domain information on the applicant identity, production area, production system, species, etc., will be advertised at DGRM's webpage, competent port authority, and relevant municipality and parish council. If there is no objection by any other party (person or company) within the legally established time frame the licence may be granted to the applicant (if all other requirements are met). On the other hand, if there is another party interested in doing the same, then a competition will be held.

DGRM typically processes applications and makes decisions within 3 months. This timeline can vary, especially if there is competing interest in a project or if an environmental impact assessment is necessary. For a quicker licensing process, applications should be complete with all required documents. Incomplete applications will delay the process, as additional information is needed (information from DGRM). In some instances, the general licensing process can take up to a year (Chapela et al., 2022).

The government has introduced the Blue Licensing system as part of the Simplex+ 2016 program, aimed at simplifying and speeding up aquaculture licensing. This system allows for applications in predefined areas and promises a 3-month processing time. However, most licenses are still issued through the general licensing system (information from DGRM).

A license (Título de Atividade Aquícola - TAA) details the species to be produced, their quantities, and the production regime, typically valid for up to 25 years. Under general licensing, this can be reduced to 10 years if deemed necessary, while Blue Licensing allows for renewal up to a total of 50 years. If a producer wishes to add a new species not included in their original TAA, they must apply to DGRM. Approval of this request leads to an update of the TAA, but if denied, a new application is required<fnref n="20" />. Each TAA has a unique code that simplifies the licensing and monitoring process of aquaculture establishments.

The Portuguese legal framework covers the production of various native species, including fish, molluscs, echinoderms, tunicates, and algae. It allows for the production of multiple species at the same facility under one license, opening the door for Integrated Multi-Trophic Aquaculture (IMTA) systems.

## 4.4.2 The Environmental Impact Assessment in Portugal

The regulatory framework for Environmental Impact Assessment (EIA) (DL 151-B/2013, in its current wording) describes two scenarios in which an aquaculture project intending to apply the intensive regime may under an EIA process. Extensive and semi-intensive establishments are exempt from the EIA.

The establishments situated in sensitive areas or those meeting the specified criteria in Annex II are obligated to undergo an EIA. According to Article 1, paragraph 3 b) iii), establishments characterized in Annex II may also undergo EIAs, irrespective of the thresholds. This determination is made through a case-by-case evaluation conducted by the licensing authority (DGRM), in consultation with the EIA authority (APA – Agência Portuguesa do Ambiente or CCDR – Comissão de Coordenação e Desenvolvimento Regional). In such instances, these entities evaluate whether the project's location, size, or nature is likely to have a significant impact on the environment.

<footnote n="19">19 https://www.bmar.pt/BMAR_Geral/faces/userauth/LoginX.xhtml?soOrigApp=BMAR_Geral.</footnote>

<footnote n="20">20 https://eportugal.gov.pt/fichas-de-encuadramento/aquicultura.</footnote>
Decree-Law no. 151-B/2013, describes the criteria for selection for EIA, like its location, and potential affect, governing the assessment of likely significant affect, are outlined in Annex III of that legislation (table 4.1).

<table><caption>Table 4.1 Criteria for EIA application (Source: DL 151-B/2013, in its current wording)</caption><thead><tr><th>Fish farming in estuarine or similar systems or lagoon systems:</th><th>Project characteristics:</th></tr></thead><tbody><tr><td>Area ≥5 ha or production ≥ 200 t/year; or area ≥2 ha or production ≥ 80 tonnes/year if, together with similar pre-existing units, less than 1 km apart, gives rise to an area ≥5 ha or production ≥200 t/year</td><td>a) Project size;</td></tr><tr><td>Floating structures:</td><td>b) Cumulative effects in relation to other projects;</td></tr><tr><td>Production ≥200 tonnes/year, or production ≥80 tonnes/year if, together with similar pre-existing units, less than 1 kilometre apart, gives rise to production ≥200 tonnes/year.</td><td>c) Use of natural resources;</td></tr><tr><td></td><td>d) Waste generation;</td></tr><tr><td></td><td>e) Pollution and nuisance caused;</td></tr><tr><td></td><td>f) Risk of accidents, taking into account in particular the substances or technologies used.</td></tr></tbody><thead><tr><th>Marine fish farming:</th><th>Location of projects, in particular:</th></tr></thead><tbody><tr><td>Production ≥1000 t/year, in coastal waters, or, production ≥5000 t/year, in territorial waters.</td><td>a) The affectation of land use;</td></tr><tr><td></td><td>b) The relative richness, quality and regeneration capacity of the area's natural resources;</td></tr><tr><td></td><td>c) The absorption capacity of the natural environment, with particular attention to the following areas:</td></tr><tr><td></td><td>i) Wetlands;</td></tr><tr><td></td><td>ii) Coastal zones;</td></tr><tr><td></td><td>iii) Ocean areas;</td></tr><tr><td></td><td>iv) Mountain and forest areas;</td></tr><tr><td></td><td>v) Nature reserves and parks;</td></tr><tr><td></td><td>vi) Classified or protected areas, special protection areas, according to legislation;</td></tr><tr><td></td><td>vii) Areas where the environmental quality standards set by national legislation have already been exceeded;</td></tr><tr><td></td><td>viii) Areas of high population density;</td></tr><tr><td></td><td>ix) Historically, culturally or archaeologically important landscapes.</td></tr></tbody></table>

As per the guidelines outlined in Annex IV of the legislation, individuals or entities undergoing an Environmental Impact Assessment are required to furnish a project overview, an account of the project's location, and a comprehensive evaluation of its potential affects. The determination regarding the EIA must be finalized prior to the issuance of the license.

### 4.4.3 Maritime spatial planning and aquaculture in Portugal

The Decree-Law Decreto-Lei n.º 309/93 imposed, for the coastal and shoreline area of the mainland, the elaboration of Coastal zone Management Plans (POOC). Despite not being embodied in a binding legal instrument, this plan, by virtue of Decree-Law no. 38/2015, of 12 March, in its current wording, came to be considered as the reference situation for the management of the national maritime space and for the issuance of titles of private use until the approval of this current Plan.
Following the Directive 2014/89 guidelines, Portugal approved the PSOEM, the National Maritime Spatial Planning Situation Plan for the Mainland subdivision, the Madeira subdivision and the Extended Continental Shelf subdivision, approved by Council of Ministers Resolution 203-A/2019²¹. The PSOEM defines spaces for different maritime activities, including aquaculture, along the coast of the mentioned regions. This plan classifies existing aquaculture zones and potential aquaculture zones, and for this purpose, it envisages a series of conditions for the classification of these potential zones, including depth, location outside the protected area, impact on Vulnerable Marine Ecosystems, dredging zones, fishing zones, etc. The document is accompanied by maps showing the aquaculture zones. This Plan includes the existing Aquaculture production zones (APAs) and the new ones. The APAs have defined environmental carrying capacities and can also define what type of aquaculture activity might be used in that area. The PSOEM includes also three zones for multipurpose platforms where marine aquaculture could be developed.

The Maritime Spatial Situation Plan (MSSP) aims to promote the compatibility between competing uses or activities. It aims to contribute to better and greater economic use of the marine environment and to minimize the impacts of human activities on the marine environment<fnref n="22" />.

## 4.5 Aquaculture Legal Framework in France

The regulation of the aquaculture sector in France relies on two pillars: one related to licensing and the other concerning health control and marketing of seafood products.

### 4.5.1 Aquaculture licensing procedures in France

The conditions for the occupation of the maritime public domain (MPD) are defined by Decree 83-228 of 22 March 1983, establishing the authorization regime for marine culture operations, amended in 1987, which introduced the management of aquaculture activities by production basin under a co-management system between the Administration and professional representatives. Subsequently, the amendment to the decree in 2009 stipulates the development of sectoral management plans at the level of the country's administrative departments.

At the regional level, local planning documents for aquaculture regulation define, by production basin, the rules for the occupation of maritime domain and their use for shellfish production (types and densities of cultures, minimum and maximum sizes held by an operator, concession values, etc.). Marine Culture Commissions handle license allocation and, more broadly, proposals for management rules at the production basin level. These are defined by the Rural and Maritime Fisheries Code [Regulatory Part (Articles D111-1 to R958-33)], which describes the composition and co-management systems between professionals and the Administration, with the advisory participation of other stakeholders (Article D914-4).

The Plan Aquacultures of the Future 2021-2027, submitted as the Multi-annual National Strategic Plan for the development of sustainable Aquaculture, according to the Strategic EU Guidelines, establishes as first strategic lines the access to water and the simplification of administrative procedures.

Simplifying fish-farming procedures is crucial to this Plan. Once annual production reaches 20 tons, fish farms fall under a regime requiring authorization and environmental assessment. These processes can be complex and time-consuming, often discouraging project leaders. To

<footnote n="21">²¹ https://diariodarepublica.pt/dr/detalhe/resolucao-conselho-ministros/203-a-2019-127659203</footnote>

<footnote n="22">²² https://webgis.dgrm.mm.gov.pt/portal/apps/webappviewer/index.html?id=9ea76f6fe4ca463a8ced196e30fcc2e1</footnote>
address this, proposed modifications to regulations governing fish farms aim to streamline ad-
ministrative procedures, allowing smoother sector development while maintaining high envi-
ronmental standards. A task force comprising industry representatives, technical institutions,
and government authorities was formed to tackle this challenge. As a result, measures were
adopted to revise authorization thresholds and establish a simplified registration scheme for fish
farms producing between 20 and 100 tons. This will streamline processes and reduce costs for
producers<fnref n="23" />.

An innovative element established by the Plan, unlike some of the plans of the Member States, is the promotion of IMTA. Although some French companies already practise it, IMTA continues to be the subject of studies to optimize flows between different trophic levels and economic viability. Additionally, the Plan highlights the need for regulations that consider the particularities of this technique to promote its development.

The plan includes several measures to modify aquaculture regulatory developments to simplify licensing administrative procedures, demonstrating that this remains a problem to be addressed.

On the health front, European regulations frame the marketing of aquaculture animals to prevent the spread of pathogens or toxins. In France, European Regulation (EU) 2016/429 regarding animal health legislation was transposed into national law by Ordinance No. 2021-1370 of 20 October 2021.

4.5.2 The Environmental Impact Assessment in France

In accordance with European regulations (European Directive 2001/42 of 27 June 2001) and its
transposition into French law by articles R. 122-4 and R122-17 of the Environment Code, new
applications for aquaculture facilities and the plans of aquaculture management at French De-
partment administrative scales must comply with environmental assessment procedures. Fish-
farming enterprises, for those producing between 5 and 20 tons, are required to make a declara-
tion under the Classified Facilities for Environmental Protection (ICPE) and obtain prior author-
ization for production levels exceeding 20 tons. This regulation is governed by Book V of the
Environmental Code and concerns enterprises that may pose risks of pollution and nuisances to
residents. In addition, this environmental assessment regime also covers Natura 2000 impacts,
in order to verify the compatibility of an aquaculture activity with the conservation objectives of
Natura 2000 sites.

This environmental assessment must take into account all regulatory frameworks that are subject to environmental protection measures, such as the Water Framework Directive, local water management plants, the Marine Environment Framework Directive or territorial management directives (“Directives Territoriales d’Aménagement”). There no specificities relying to EIA procedures at this ecoregional level.

4.5.3 Maritime spatial planning and aquaculture in France

France has been one of the pioneer countries in coastal management and regulation, striving to reconcile traditional and economic uses with other activities, as well as with the protection of the coastal and marine environment. In fact, the Law No. 86-2 of 3 January 1986, concerning the planning, protection, and development of the coastline, constitutes a mandatory reference in the legal framework for coastal planning, spatial planning, and the reservation of areas for activities inherently linked to the proximity of the sea. The legislator, aiming to address the competing

<footnote n="23">²³ Plan aquacultures d'avenir 2021-2027; https://www.mer.gouv.fr/sites/default/files/2022-03/.pdf</footnote>
interests on the coast, establishes a hierarchy of traditional activities, including marine farming activities, shellfish farming, or coastal fishing, alongside more recent ones. Marine aquaculture and its more traditional version of shellfish farming receive extreme care in the Law, to the extent of safeguarding aquaculture from others that coexist with it, such as the construction of marinas, which may negatively affect it. Article 21, concerning the concession for the construction of a marina, warns that, if necessary, its granting may be conditioned by the obligation to rebuild an area of artificial beach or an "equivalent shellfish or aquaculture potential to what will have been destroyed by the construction works." Similar protection is derived from the limitation or prohibition of extracting materials as soon as they may endanger beaches, dunes, and the "natural deposits of living shellfish and marine farming operations" (Article 24). The Coastal Law also ensures that the aquaculture business sector is represented and participates in the development of "master plans and land use plans for coastal municipalities," through the Regional Sections of Shellfish (Conchyliculture) Farming, thus securing the interests of aquaculture professionals in coastal planning (Article 8).

Now, the Law No. 2016-1087 of 8 August 2016, for the reconquest of biodiversity, nature, and landscapes ensures, through its article 123, the introduction of a specific Article L 219-5-1 dedicated to maritime space planning in the Environmental Code. This planning is defined as "the process by which the State analyses and organizes human activities at sea from an ecological, economic, and social perspective" (Art. L. 219-5-1 of the Environmental Code)<fnref n="24" />. This planning is done by ecoregion according to a national framework. France has chosen to build a joint approach to implement maritime spatial planning and the Marine Strategy Framework Directive (Directive 2008/56/EC), aiming to reconcile support for the sustainable development of a "blue economy" with the preservation of the marine and coastal environment. Planning at the scale of each ecoregion is described in the Strategic Ecoregion Documents (DSF in French acronym as "Document Stratégique de Façade") that includes a strategic component and an action plan to achieve the goals set in this planning. The Regional Plans for the Development of Marine Aquaculture introduced by the Law on the modernization of agriculture and fisheries of 27 July 2010, Article L. 923-1 of the Rural and Maritime Fisheries Code list marine areas potentially suitable for reservation for the development of marine aquaculture. This planning must be compatible with this general governance framework. Thus, Article L. 219-4 of the Environmental Code defines the opposability regime of the "DSF", within which the Regional Plans for the Development of Marine Aquaculture are included.

The Plan Aquacultures of the Future 2021-2027 establishes as objectives in this area:

* Conservation of existing sites for aquaculture

* Enriching the Geolittoral aquaculture portal: Ensuring that aquaculture is considered in the revision of planning documents; Provide for the possibility of shellfish and seaweed farming farms within offshore wind farms, in conjunction with the strategic façade documents (DFS); Integrate the objective of aquaculture development within the Water Development and Management Plans (SAGE/SDAGE) (Plan aquaculture d'avenir).

This map is expected to be available during the DSF review in 2024. Local urban planning and territorial coherence schemes must be compatible with this map, allowing for the reservation of sufficient areas for production and preserving others for future developments, especially in areas with high competition for access to the sea. This map of aquaculture vocations will become the new-shared Regional Plans for the Development of Marine Aquaculture (SRDAM) at the

<footnote n="24">²⁴ Art. L. 2194.I. Must be compatible with, or made compatible with, the objectives and provisions of the strategic document for the coastal area or maritime basin: "3. Schemes for the development of the sea; "4. Regional schemes for the development of marine aquaculture provided for in Article L. 923-11 of the Rural and Maritime Fisheries Code.</footnote>
regional level. To improve the mapping of suitable sites for aquaculture, a feasibility study of national systems determining the best possible locations for aquaculture (MEAP) was conducted in 2017. This resulted in the creation of a cartographic web portal as part of the MTES marine and coastal data portal called Géolittoral. This portal, known as the Aquaculture Portal, provides information on marine aquaculture sites but does not include continental aquaculture sites. However, additional modelling tools are being developed, including MOCAA (Ifremer-DGAMPA) to predict the environmental impact of different types of aquaculture crops (Callier et al., 2023).

## 4.6 Conclusions

The European Commission, through successive Aquaculture Strategic Guidelines and the National Aquaculture Plans of each Member State has contributed to homogenizing legislation to some extent in the ecoregion. The coordination mechanism, as governance system between MS and European Commission, is the key element to address the main legal aquaculture constraints. This has led to the simplification of licensing procedures by establishing processing agencies and setting maximum deadlines for license resolution. It has also established coordination systems among different agencies involved in these administrative procedures, as seen in France, Spain, and Portugal, aiming to reduce the resolution time of procedures and contribute to the development of aquaculture.

The MS of this ecoregion have developed marine zoning policy to organize these areas with special attention to aquaculture among other blue economy activities. By declaring potential aquaculture zones for the future and accounting for them alongside other activities, it helps highlight the role of this activity in the ecoregion and particularly its social reputation. In many cases, citizens' opposition to aquaculture stems from the "not in my backyard" principle, environmental concerns, and aesthetic considerations. Therefore, the planning of marine spaces and the designation of suitable areas for aquaculture will contribute not only to streamlining administrative procedures and license issuance but also to improving public perception. This will recognize the need for spaces dedicated to aquaculture, thereby enhancing the social acceptance and understanding of this vital activity within the ecoregion.

The potential of aquaculture the Bay of Biscay and Iberian Coast is undoubtedly undeniable, with the support of the EU and its funding, but we must not forget the latest report from the EU Court of Auditors pointing out that despite increased EU funding and all the EU aquaculture policy, the aquaculture production is stagnated and with unclear results. Some key strategies for the environment did not consider aquaculture properly. Moreover, spatial planning and licensing procedures still hampered the growth of the aquaculture sector (European Court of Auditors, 2023), which is even more striking, especially now that aquaculture is receiving support from the European Union, Parliament, and Commission in the form of regulations and assistance.

This is still evident today as one of the main barriers to the development of marine aquaculture in the ecoregion, specifically along its Atlantic facade with great potential for the development of this sustainable activity for the production of marine food, especially given the fact that the EU imports 70 % of the fish it consumes (EUMOFA, 2024) and aquaculture is presented as a present and future alternative.

In many cases, technological advancements in aquaculture outpace the relevant legislation. Public authorities often struggle to keep up with the rapid development of the aquaculture sector, and as a result, many of these technological innovations cannot be implemented due to the absence of a supportive legal framework. Therefore, it is crucial to enhance the training and knowledge of civil servants and policymakers responsible for managing aquaculture. By doing so, they can more effectively adapt to changes and approve or amend regulations to facilitate
access to this activity, ensuring that legislative frameworks are responsive and conducive to the evolving needs of the aquaculture industry.

In this sense, aquaculture is still facing many challenges in relation to technologies, climate change, disease control, and its adaptation to new legal frameworks, as for example in terms of new aquaculture technology systems (e.g. Recirculated Aquaculture System - RAS, oceanic sea cages), Integrated Multi-Trophic Aquaculture (IMTA).
# 5 Management Frameworks

Contribution Laura Ribeiro, José Perez

## 5.1 Aquaculture Health and Food Safety Regulations

ICES (2022) communicated that the majority of food safety and animal health legislation governing the management of fish health on shellfish and finfish farms in the Celtic Seas ecoregion derives primarily from EU legislation. The same is true for the Bay of Biscay and Iberian Coast ecosystem. The overall aims of the legislation for all jurisdictions are similar, outlining parameters for the prevention and control of aquatic animal diseases and requiring operators of all aquaculture establishments to be approved by or authorized by the competent authority. They outline monitoring programmes for listed notifiable diseases and other aquatic diseases of national importance. To this end, a number of notifiable diseases are routinely monitored for in both finfish and shellfish. All establishments must operate in accordance with an approved biosecurity measures plan, which is generally developed by the business and regulator, with the latter possibly providing guidelines on how this should be created and in line with larger strategies. Operators in all jurisdictions are subject to a number of licence or authorization conditions, which may include generic conditions such as mandatory record keeping of movements on/off a site to facilitate disease tracing as well as specific conditions that may be site- or species-specific.

### Portugal

National laws are designed primarily to transpose EU legislation, to this end, the following national legislation cover animal health and food safety directives:

* Decree-Law nº152/2009 of 2 July 2009 - Transposition of Directive 2006/88/CE of 24 October 2006 into national legislation.

* Decree-Law nº63/2013 of 10 May 2013 - First amendment of Decree-Law nº 152/2009 of July 2, which establishes the zoo-sanitary requirements applicable to aquaculture animals and derived products. It transposes Commission Implementing Directive 2012/31/EU of 25 October 2012.

* Decree-Law nº 169/2014 of 6 November 2014 - Second amendment to Decree-Law no. 152/2009, of 2 July 2009, transposing Commission Implementing Directive nº 2014/22/EU, of 13 February 2014, with regard to infectious salmon anaemia.

* Regulation (EU) No. 2017/625 of 15 March, establishes general rules relating to official controls and other official activities aimed at ensuring the application of food and feed legislation and rules on animal health and welfare, plant health and plant protection products.

* Directive 2006/88/CE of 24 October 2006 - On animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals; No longer in force since 20/04/2021, being replaced by Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health.

* Implementing Regulation (EU) 2019/627 of 15 March 2019 establishing uniform practical arrangements for carrying out official controls on products of animal origin intended for human consumption, in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council, and amending Commission Regulation (EC) No 2074/2005 as regards official controls.
* Carrying out official controls is without prejudice to the main legal responsibility of food business operators to ensure the safety of foodstuffs, as set out in Regulation (EC) No. 178/2002 January 28, 2002.

* Decree-Law No. 113/2006 of 12 June 12 aims to ensure the execution and guarantee compliance, in the national legal system, with the obligations arising from the Regulations (EC) No. 852/2004 and No. 853/2004, of 29 April, namely through the creation of a sanctioning framework for infringements of the rules contained in these regulations.

* Commission Implementing Regulation (EU) 2019/627 of 15 March 2019 laying down uniform practical arrangements for the performance of official controls on products of animal origin intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council and amending Commission Regulation (EC) No 2074/2005 as regards official controls (Text with EEA relevance.) In force, consolidated version in 09/01/2023.

* Commission Implementing Regulation (EU) 2019/627 of 15 March 2019 laying down uniform practical arrangements for the performance of official controls on products of animal origin intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council and amending Commission Regulation (EC) No 2074/2005 as regards official controls (Text with EEA relevance.). Consolidated version in 09/01/2023.

* Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin. Consolidated version in 15/02/2023.

* EU Commission Regulation (EU) No 786/2013 of 16 August 2013 Amending Annex III to Regulation (EC) No 853/2004 of the European Parliament and of the Council as Regards the Permitted Limits of Yessotoxins in Live Bivalve Molluscs.

### Chemical contamination

* Commission Regulation (EC) No 1881/2006 of 19 December 2006 - setting maximum levels for certain contaminants in foodstuffs (Text with EEA relevance). Commission Regulation (EU) 2023/915 of 25 April 2023 on maximum levels for certain contaminants in food and repealing Regulation (EC) No 1881/2006 (Text with EEA relevance). In force consolidate version in 10/08/2023.

### France

#### Sanitary and animal health regulations in France

* Regulation (EC) no. 853/2004 concerning specific hygiene rules for food of animal origin. In Annex III, Section VII sets out the rules that apply to live bivalve molluscs from production to dispatch and marketing.

* Regulation (EC) no. 854/2004 concerning specific rules for the organization of official controls on products of animal origin intended for human consumption (Annex II on live mollusc bivalves covers control of the classification of production areas and control of relaying).

* The latest amendments to Annex II of Regulation (EC) no. 854/2004 concerning certain requirements for live bivalve molluscs, have been set out in a new regulation (EU) no. 2285/2015. This introduces a 20% tolerance for results of E. coli.

* Decree n°2012-1220 of 31 October 2012, amending the provisions relating to the sanitary conditions for the production and marketing of live shellfish and updating the regulatory part of the code of rural and maritime fisheries relating to the production and marketing of live shellfish.

* Decree of 6 November 2013 relating to the classification, monitoring and sanitary management of production areas and relaying areas for live shellfish.
* Council Directive 2006/88/EC of 24 October 2006 covers animal health requirements for aquaculture animals and products, and the prevention and control of certain diseases in aquatic animals. This European directive led to the consequent amendment of French law (Code rural) by Decree no. 2008-1141 and the promulgation of a decree on November 4, 2008 (bearing the same title as the European directive).

## 5.2 Monitoring and Management

Within the general framework of European food law, it is up to member states to ensure the implementation of food, animal health and animal welfare legislation, as well as to verify compliance with relevant requirements thereof by operators at all stages of processing, production, transformation, and distribution. For this purpose, official controls are organized as National Animal Health Plan.

In Portugal, according to the [Regulatory Decree No. 31/2012](http://www.legislation.gov.pt/Law/31/2012) of 13 March, the General Directorate of Food and Veterinary (DGAV – Direção Geral de Alimentação e Veterinária) is responsible for defining, implementing and evaluating food safety, animal protection and animal health, plant protection and plant health policies, being invested with the functions of national veterinary and phytosanitary health authority and authority responsible for managing the food safety system.

The National Animal Health Plan includes surveillance of aquatic organisms. In the last report on Animal Health for the period between 2016 and 2021, the number of aquaculture facilities controlled (marine and freshwater, under intensive, semi-intensive or extensive regime) varied from 67 to 74. The official controls are for Viral haemorrhagic septicaemia (VHS) and Infectious haematopoietic necrosis (IHN) diseases. The species controlled were turbot, trout and other marine fish species, respectively 5.4.

Results from 32.4 facilities, and 62.2% of the total facilities, analysed in 2021 were negative for the notifiable diseases. Nonetheless, some facilities were classified under surveillance, for turbot one out of four, and for trout one out of 24.

The notifiable diseases for shellfish are *Bonamia ostreae* in European flat oyster and *Marteilia refringens* in European flat oyster and mussels. The sampling effort increased between 2016 and 2021 (site and number of samples). Negative results were obtained for oysters both *B. ostreae* and *M. refringens*. Mussels tested positive for *M. refringens*, for the reported period, with the incidence of infected mussels decreasing from 100% to 32% of the total mussels analysed.

The Portuguese monitoring program for shellfish safety, under the responsibility of the Portuguese Institute for the Sea and Atmosphere, was implemented in 1986. Currently, the Portuguese monitoring programme comprises 40 classified shellfish-producing areas divided into 13 offshore production areas and 27 estuarine and lagoon areas (https://www.ipma.pt/pt/bivalves/), analysing microbiological, metal and biotoxin hazards (Braga et al., 2023). The monitoring program of shellfish production areas underwent a considerable improvement between 2011 and 2020, with an increase in the number of tested samples and their representativeness (Braga et al., 2023).

In France, there are monitoring frameworks for phytoplankton (REPHY) and phycotoxins (REPHYTOX), in addition to microbiology in shellfish (REMI) and chemical contaminants (ROCCH) as they relate to seafood produced via aquaculture operations in French coastal areas (Lemoine et al., 2018). Governed under EU and National legislation, the monitored parameters represent those likely to present a risk to human health. Sampling is carried out at specified frequency and analysis is carried out at accredited laboratories and overseen by the National Reference Laboratory (https://envlit.ifremer.fr/Surveillance-du-littoral).
## REPHY and REPHYTOX.

The development of phytoplankton (abundance, biodiversity and biogeographic distribution) depends on the conditions it finds light, temperature, nutrients, interactions with other living organisms present, etc. Its observation in coastal areas provides valuable information on the state of the masses. water, on the health of ecosystems and on the health risk linked to toxins. Ifremer (France) has deployed two networks, REPHY and REPHYTOX, to observe phytoplankton and monitor phycotoxins in French coastal areas (Lemoine et al., 2018).

REPHY (network for observation and monitoring of phytoplankton and hydrology in coastal waters: phytoplankton in water).

REPHYTOX (monitoring network for phycotoxins in marine organisms: toxins (produced by phytoplankton in shellfish)).

The objective of the REPHYTOX network is health, with the detection and monitoring of regulated toxins likely to accumulate in marine consumer products, in particular bivalve molluscs from production areas (shellfish farming and fishing). The toxins regulated at European level belong to three families:

* lipophilic toxins including diarrheal toxins (DSP), produced in particular by Dinophysis phytoplankton. They can cause rapid onset digestive disorders in the consumer, most often not serious;

* paralytic toxins (PSP) produced by Alexandrium phytoplankton. They can cause rapid onset, potentially serious, sometimes fatal neurological disorders in the consumer;

* amnesia toxins (ASP), produced by Pseudo-nitzschia phytoplankton. They can cause neurological disorders in the consumer that are generally rapid in onset, potentially serious, and sometimes fatal.

## REMI:

The REMI monitoring framework ensures health surveillance and classification of shellfish production areas, based on the enumeration of *Escherichia coli* (E. coli). This monitoring aims to estimate the microbiological quality of shellfish production areas and to detect and monitor unusual episodes of contamination.

## ROCHH:

The list of monitored contaminants is available on Ifremer website (https://envlit.ifremer.fr/Surveillance-du-littoral/Contaminants-chimiques/Contaminants-suivis) and include Heavy metals, Pesticides and Industrial pollutants. The monitoring protocols are detailed in AQUAREF (2015).

The production zones are classified A, B and C, depending on criteria for the classification of production zones (based on REMI and ROCHH monitoring).