Regulatory Framework for the Conservation and Use of Aquatic Genetic Resources
© BLE
Legal Framework
The conservation and sustainable use of aquatic genetic resources is not an independent policy and legal area. Both are largely subject to the rules of fishery, of environmental, nature conservation and consumer protection policy, and, in the limnic area, of water management. In broad sectors, the German fisheries policy is integrated into the common fisheries policy (CFP) of the EU. It embraces both sea fishing and the processing and marketing of fishery products. The Community has exclusive regulatory powers in this field. The Member States are responsible for the implementation of the CFP.
In Germany, the fishery responsibilities are shared between the Federal Government and Federal States according to the bases in terms of constitutional law: the legislative competence for deep-sea and coastal fishing is incumbent to the Federal Government. It is in charge of fisheries surveillance in the Exclusive Economic Zone (EEZ) outside the 12-sm-zone and at the High Seas.
The exclusive legislative competence for freshwater fishing and aquaculture is incumbent to the Federal States. In addition, they execute the provisions of coastal and freshwater fishing. Also, they are responsible for the implementation of nature conservation legislation and laws relating to water, water conservation and waterways, as well as of relevant international and Community regulations, like the Fauna, Flora and Habitats Directive (FFH), the protection of species directive or the Water Framework Directive (WFD).
German National Technical Programme
In 2005 the "German National Technical Programme on the Conservation and Sustainable Use of Aquatic Genetic Resources" (National Programme for Aquatic Genetic Resources) was adopted. It takes a stand on deep-sea and coastal fishing, lake and river fishing, and on aquaculture. Based on the present state and current dangers, it recommends measures for conservation and sustainable use.
Expert Committee on Aquatic Genetic Resources
In September 2005 the Federal Ministry of Food, Agriculture and Consumer Protection (Bundesministerium für Ernaehrung, Landwirtschaft und Verbraucherschutz, BMELV) established the Expert Committee on Aquatic Genetic Resources. Its objective is the initiation and coordination of measures for the conservation of AGR in the implementation and perpetuation of the National Programme for Aquatic Genetic Resources. The Expert Committee is composed of members of the Federal Government and the Federal States, of fisheries associations, fisheries management and research. The secretariat of the Expert Committee is located at the Information and Coordination Centre for Biological Diversity (IBV).