I refer to the letter entitled ‘Fish Farms’ (TMIS, 21 August), in which I was criticised for being inactive on the subject. While I appreciate and give due respect to the arguments put forward by the author, I have to say that these are either half-baked or, worse than that, deliberately false, such as when he tries to imply that I am trying to protect someone for something. With this article I take the opportunity to express my views on the subject and also give an account of what has been done on the subject so far, including what happened this week.

Aquaculture and fish farming involve both the Department of Fisheries and Aquaculture, and the Environment and Resources Authority (ERA). The concerns raised have been on the agenda for years but very few concrete steps were ever taken to regularise the industry.

Aquaculture is an important industry for the Maltese economy but for me this is a case where sustainable development principles should prevail. As Ministers and Parliamentary Secretaries we have to collectively and individually try to strike a balance between economic interests, societal wellbeing and the protection of the environment. Existing regulatory frameworks and new portions of legislation are effective tools aimed to counter risks to our health and the environment. Environmental and operational permits are there to condition a business to operate responsibly. Being international players in the aquaculture industry is in everybody’s interest – the industry, the consumer and the environment – for international standards to be adopted and followed. The crux of an effective regulatory framework lies in the actions that have to be taken when infringements to the rule of law result while ensuring that the industry can continue to operate in a responsible and profitable manner. The industry has to raise the bar in order to respond to the increased environmental responsibility that society expects. Irregularities or illegalities should be remedied and this has to done in a rational, sensible and sustainable way.

The aquaculture sector has developed and grown significantly over the past decades. At present Malta is the base for six aquaculture establishments, two of which are in the Southeast Aquaculture Zone administered by the Department of Fisheries and Aquaculture. The others are spread across the island – Comino, St Paul’s Bay, Mistra, Mellieha and Xrobb l-Ghagin. Years of hard work have enabled Malta to build a leading position in the field of aquaculture. This does not come without environmental challenges that need to be addressed. To date we are collectively considering ways how to reinforce the legal regime that regulates this industry to provide the competent authorities for the environment and fisheries invigorated powers and higher standards for the aquaculture industry.

Prior to the demerger of the environment function from that for planning, the Department of Fisheries and Aquaculture used to consult MEPA before granting any permit. While land use and planning issues should indeed go before the Planning Authority, it is equally important for ERA – as the environment regulator – to issue its judgement and monitor the impact the industry is having on the marine and coastal environment. For this reason, and subsequent to my direction, the Environment and Resources Authority will set up the necessary procedures to be able to monitor the industry and ensure that proper environmental permitting systems are in place.

Any operation must abide by these permits.

I want this industry to flourish but not in a free-for-all situation. There are physical constraints in relation to the volume of fish farms that can be accommodated close to the shore and these have to be recognised and properly addressed to avoid such incidents which affect our waters, our visitors and our people.

While I concur with those who genuinely say that as a government we have to do more to protect the seas from unregulated business, it is worth recalling that the previous administration failed to take any serious decision to regulate this industry.

Some quick figures: In 2012 the gross output of the aquaculture industry doubled over the previous year with an increase of €58.2 million over 2011. This was mainly due to an increase of more than hundred per cent in the output of tuna farming. Unfortunately, the previous administration did not react. Instead they left the industry to mushroom without putting into effect a proper legal regime to regularise it. Sustainable development is a constant balancing act that aims to maximize economic, social and environmental goals. This government signalled its commitment to the environment by introducing an Act whereby internal waters, such as bays, coves and other areas that lie between the coastal perimeter and the baselines from which the territorial waters are measured, as well as the relative seabed and subsoil and the overlying water-column and its airspace (provided they are not harbours or ports), are now considered to be in the public domain. This cover areas being used for fish farms which are the source of inconvenience and which therefore gives an extra level of protection which previously did not exist.

It was this present government that also introduced an excise duty on feed used by fish farms, although I acknowledge more can be done to continue supporting the polluter pays principle. My Ministry is working on other pre-emptive measures to prevent pollution from taking place and to implement enforcement actions in cases of default.

Having attached so much importance to this issue, I appointed an ad hoc committee consisting of ERA’s CEO, the PA’s Executive Chairman and the Director General of the Fisheries and Aquaculture Department to report to me on the present status and prepare an action plan. Contrary to what was stated, the government has taken detailed stock of all six operating farms, checked out their positioning, number of cages as well as their various sizes and will be taking all action permitted by law.  

This is in line with the Strategic Aquaculture Plan 2014-2020 that was launched by the government to promote the relocation of farms further out at sea, reducing impacts on water quality, competition with other water users as well as intrusion in coastal landscapes.

Following a Cabinet meeting, a press conference was held in which I, together with my colleagues Parliamentary Secretaries Roderick Galdes and Dr Deborah Schembri announced a number of measures which the government will be taking to address these irregularities.

Following this press conference, the government took concrete action by serving the operators of four tuna fish farms with an emergency enforcement order in a meeting that was held between the Planning Authority, the Environment and Resources Authority and the Department of Fisheries and Aquaculture with the operators. The enforcement orders require that, with immediate effect, the operators will comply with all the conditions stipulated in their respective planning permits. This includes both the number of structures and the operations of the fish farms.

In the coming weeks, a revised legal notice will be published which will introduce harsher administrative fines intended for any planning illegalities related to the sea, including illegalities in the aquaculture sector. Daily fines will go up to €2000, to a maximum of €200,000 in the aggregate.

The government wants to see this industry undertake the necessary technological developments to ensure that fish farms operate with the least environmental impact possible while becoming a more efficient and economic operation. Investment in research, targeting innovative sustainable production technologies, is equally important and I remain open to see how the National Aquaculture Centre can support this industry in this direction.

One must not forget that the EU Commission itself had identified aquaculture as one of the main pillars of Blue Growth. The aquaculture industry should have the future it deserves once it gets its house in order. The recent public outcry on environmental degradation associated with this sector is justified. I hope that, in all this, the common interest will prevail with all stakeholders.  

Dr Herrera is Minister for Sustainable Development, the Environment and Climate Change