Aquaculture Regulation CHAPTER ONE Purpose, Scope, Legal Basis, and Definitions

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1 Purpose Aquaculture Regulation CHAPTER ONE Purpose, Scope, Legal Basis, and Definitions ARTICLE 1 The purpose of this Regulation is to ensure planned investments and efficient production control in aquaculture operations in order to secure efficient use of our potential national water resources, sustainability in aquaculture, environmental protection and high-quality/safe food supply. Scope ARTICLE 2 This Regulation covers issues relating to site selection for facilities, forms and evaluation of applications, preliminary permits, project approval (final permits), project cancellation, project amendments, test/trial production, compulsory change of project site, establishment of integrated facilities, project assignment, tuna production (fattening), organic aquaculture, aquaculture certificate, importation of eggs, fry and breeding materials, employment of technical staff, aquaculture health, environmental impact and protection, and inspection in aquaculture operations to be carried out in seas, inland waters and estuarial waters. Legal Basis ARTICLE 3 This Regulation has been established on the basis of Article 13 (amended) of Law No on Aquaculture. Definitions ARTICLE 4 For the purposes of this Regulation, the following definitions shall apply; Ministry: Ministry of Agriculture and Rural Affairs, Central Organization of the Ministry: Directorate General of Agricultural Production and Development (TUGEM), Provincial Directorate: Provincial Directorate of the Ministry, Aquaculture Products: Plants, animals and their fry in seas and inland waters (except for the animals covered by Law No on Hunting), Aquaculture: Activities of intensive, semi-intensive or extensive production and/or farming (fattening) of aquaculture products carried out in aquaculture facilities, Aquaculture Facility: Facilities where aquaculture production activities are carried out, Inland Waters: Lakes, artificial lakes, lagoons, dam lakes, reservoirs, regulators, channels, canals, rivers, deltas, production and farming sites, Hatchery: Facilities built to acquire eggs and fry materials from aquaculture breeding materials, Nursery: Ponds established with soil, cement or nets, and tanks and similar units made of plastic or similar materials, built for aquaculture production, Net Pond (Net Cage): Units made of wood, iron or plastic materials and nets to carry out aquaculture production in seas and inland waters, Intensive Production: Intensive production solely based on external feeding, 1

2 Semi-intensive Production: Production based on fertilization and supplementary feeding, Extensive Production: Low-level production based on natural productivity of the water and subject to stock control, Project: The species subject to production, the site, specifications, financial aspects, architectural drawings, construction calculations, and exploration quantity surveys of the aquaculture facility, the production technique, the production plan, papers received from public institutions and agencies, and any documentation and information relating to the establishment, Entrepreneur: Real or legal person that is willing to establish or that establishes and manages an aquaculture production facility, Off-shore Production: Aquaculture production activities carried out using appropriate technologies in net cages in seas, outside closed bays and gulfs, where the water depth is at least 40 meters, Filtration System: Systems that are available for holding wastes in water used in aquaculture operations, Aquaculture Production Certificate: Certificate given by the central organization of the Ministry to those who carry out aquaculture production operations. Facility Sites and Relevant Requirements CHAPTER TWO Facility Sites and Relevant Requirements ARTICLE 5 General issues relating to the sites of aquaculture facilities are as follows: a) In cases where more than one facility is established on a certain water resource on land and other facilities use the water coming from a certain facility; on condition that the report attesting that the distance between the facilities is long enough and the water flow rate is of adequate level is certified by Aquaculture Products Research Institutes, Aquaculture Production Stations or relevant scientific agencies and in consideration of the production status of the facility, and it shall be approved by the Central Organization of the Ministry upon the proposal submitted by the Provincial Directorate. b) In production facilities to be built on land, in cases where facilities do not have any negative impact on each other (the water used is received from separate resources or through separate channels from the same water resource), if the water flow rate is of adequate level for facilities, the distance requirement is not sought between the facilities. c) For the purpose of efficient use of inland water resources, in cases of facilities built on water resources with a flow rate of 100 l/sec or less, the facility shall have a production capacity to use all of that resource in production. However, in regions where there is no sufficient space for the establishment of the facility, this requirement is not sought on condition that the Provincial Directorate provides positive recommendation/opinion. d) Water surface areas to be allocated to production in dam lakes, ponds and other inland water resources and other principles shall be jointly determined by the Central 2

3 Organization of the Ministry and other relevant institutions. e) In regards to net cages used in dam lakes, on condition that the distance between two aquaculture establishments is not less than two hundred and fifty meters, the area to be allocated to production shall be determined by the Central Organization of the Ministry in consideration of the recommendation provided by the Provincial Directorate based on criteria such as project capacity, water depth and flow rate. f) In regards to net cages used in seas and inland waters, in order to allow for rotation, the area to be allocated for production shall not be less than two times the area occupied by the cages. When necessary, the Provincial Directorate reserves the right to change the location of the cages. g) In seas and inland waters, the site of net cages as well as the sea water intake and discharge systems of hatcheries shall be marked using buoys and blinker buoys for safety. For navigation safety in seas, these shall be pointed out by obstacle signals at IALA standards (International Association of Lighthouse Authorities) during day and night. Buoys and blinker buoys used for demarcation shall not be located outside the leased area. h) In seas, the distance between aquaculture facilities in areas allocated for aquaculture operations in accordance with environmental planning surveys shall be determined by the Central Organization of the Ministry in consideration of the project capacity, water depth, flow rate and aquaculture techniques as well as the recommendation of the Provincial Directorate. In areas not subject to environmental planning surveys, the distance between two tuna farming (fattening) establishments and the distance between a net cage establishment and a tuna farming (fattening) establishment in seas shall not be less than two kilometers; the distance between two net cage establishments in seas shall be determined by the Central Organization of the Ministry upon the recommendation provided by the Provincial Directorate based on criteria such as project capacity, water depth and flow rate. i) The distance between hatcheries and other aquaculture establishments and between two hatcheries shall be determined by the Central Organization of the Ministry in consideration of the report of the Aquaculture Products Research Institutes, Aquaculture Production Stations or other relevant scientific institutions and the recommendation provided by the Provincial Directorate, based on criteria such as project capacity, water intake & discharge systems and production techniques. j) In order to ensure efficient use of sites for aquaculture production, the minimum capacities of aquaculture production projects shall be determined by the Central Organization of the Ministry. k) In regards to cold water fish production at sites of aquaculture production in net cages, production planning shall consider the period of water temperature above 20 C and, in case of freezing, the start and end dates of freezing. l) Off-shore production shall be made using appropriate technologies outside closed bays and gulfs in seas, where water depth is at least forty meters. However, in cases where the project capacity, water depth, flow rate and production technique are appropriate, upon the recommendation provided by the Central Organization of the Ministry, off-shore production may also be permitted in areas with a depth of less than forty meters. m) The size of the land areas required for aquaculture production in net cages in seas 3

4 shall be determined by the Central Organization of the Ministry and/or the Provincial Directorate. CHAPTER THREE Establishment, Permit, Approval and Project Procedures of Aquaculture Facilities Application ARTICLE 6 The principles and procedures applicable in evaluation of aquaculture production applications are as follows: a) Entrepreneurs who are willing to establish an aquaculture production facility shall obtain a permit from the Central Organization of the Ministry and/or the Provincial Directorate. b) Entrepreneurs who are willing to carry out aquaculture operations shall apply with a petition (Annex 1) to the Provincial Directorate responsible for the area where the aquaculture facility will be built; enclosed with the petition, entrepreneurs shall also submit a 1:25,000 scale site map and shall clearly mark the location of the facility to be built. A technical team to be organized by the Provincial Directorate shall conduct an on-site investigation within fifteen days. The team shall take proper samples of the available water resources or the production sites and ensure that the entrepreneur have conducted the necessary analysis. In the event that the water quality criteria, the water surface, land and other criteria (water depth, distance between facilities, aquaculture production techniques and environmental impacts) to be determined by the Central Organization of the Ministry are deemed satisfied, a Preliminary Survey Report (Annex 2) shall be prepared for all establishments in inland waters and seas and for inland water facilities having a hatchery; in applications in regards to aquaculture production projects having a hatchery, a separate Hatchery Preliminary Survey Report (Annex 3) shall be prepared in addition to Annex 2. Only the Hatchery Preliminary Survey Report (Annex 3) shall be prepared for independent hatcheries. In regards to the facility to be built, the Provincial Directorate shall draw a map showing the location of the facility, the water resource, the roads and locations of other facilities, if any, and the relevant distances shall be added to the Preliminary Survey Report. Along with its own positive opinion, the Provincial Directorate shall submit the application petition of the entrepreneur, the 1:25,000 scale site map showing the location of the facility, the aquaculture production Preliminary Survey Report, the water analysis report, the map and other documentation (Annex 4) that shall be provided by the entrepreneur to the Central Organization of the Ministry in request of preliminary permit. c) In order to allow the entrepreneur to obtain preliminary permit documentation (Annex 4), the Provincial Directorate grants a period of eight months from the application date. In the event that the necessary documentation is not completed during this time period, the application of the entrepreneur shall be cancelled. In the event that the reasoned request of the entrepreneur is deemed appropriate, a one-time extension of four months shall be provided by the Provincial Directorate and information to that effect shall be provided to the Central Organization of the Ministry. d) In the event that there is more than one application for aquaculture production in the 4

5 same area in seas and/or inland waters, other applications shall not be considered until the first application is finalized. In the event that the first application is not approved, other applications shall be evaluated in order of receipt. e) If an application for aquaculture production in net cages in a dam lake is the first one that is submitted for that dam lake, the Central Organization of the Ministry shall obtain the recommendation of the General Directorate of State Hydraulic Works and the procedures shall be conducted accordingly. Preliminary Permit ARTICLE 7 General provisions on preliminary permits granted for the establishment of aquaculture production facilities are as follows: a) In the event that the procedures listed in Article 6 are completed, the Central Organization of the Ministry and/or the Provincial Directorate shall provide the entrepreneur with a preliminary permit for a period of twelve months for the preparations of the project. The preliminary permit of those entrepreneurs who do not submit their projects to the Provincial Directorate during this time period shall be nullified by the Central Organization of the Ministry upon the proposal of the Provincial Directorate. In the event of a reasoned extension request from the entrepreneur, along with the positive recommendation of the Provincial Directorate, is submitted to the Central Organization of the Ministry and such request is deemed appropriate by the Central Organization of the Ministry, the entrepreneur shall be granted a one-time extension of six months. However, the Central Organization of the Ministry shall grant a further extension of six months to those entrepreneurs who have not been able to complete their documentation due to the delayed responses from relevant institutions and agencies. The total time period of extension granted to a particular entrepreneur may not exceed twelve months. b) If those entrepreneurs who have obtained or are pending preliminary permit want to make any amendment in their previous application, they shall apply to the Provincial Directorate with a petition (Annex 5). The subsequent procedures shall be conducted in accordance with those provisions listed in Article 6 and 7. In consideration of the nature of the amendment requested, the documents previously provided by the entrepreneur shall not be requested again unless their validation time period has expired. However, the date of the application shall be deemed the date of the initial application. c) Those entrepreneurs whose applications for a preliminary permit are in process and those who have already obtained their preliminary permit may not transfer their relevant rights to another entrepreneur. Project Approval ARTICLE 8 General provisions for approval of aquaculture production facility projects are as follows: a) Those entrepreneurs who are willing to establish an aquaculture production facility and have obtained a preliminary permit shall have their facility project approved by the Central Organization of the Ministry and/or the Provincial Directorate. b) In preparation of the project, the project preparation instructions and dispositions determined by the Central Organization of the Ministry shall be used as the baseline. The cost quantity tables of the implementation project shall be calculated by the real and legal persons authorized to prepare project, taking into consideration of the unit prices of the Ministry of Public Works and Settlement of the relevant year, and if those prices 5

6 are yet to be announced, taking into consideration of the rate of increase to be announced by the Ministry of Public Works and Settlement. The project shall be submitted to the approval of the Provincial Directorate in five copies. Entrepreneurs shall supplement each copy of the project with a notarized copy of the project specifications that was sent by the Central Organization of the Ministry to the Provincial Directorate. c) In approval of the projects of aquaculture production facilities, compliance with the relevant provisions of the Regulation on Environmental Impact Assessment shall be sought and the document certifying such compliance shall be annexed to the project. d) The approving authority of the aquaculture projects to be implemented in seas and inland waters shall be determined by circulars to be issued by the Central Organization of the Ministry. e) In regards to the projects subject to the approving authority of the relevant Provincial Directorate, one copy of the project shall remain with the Provincial Directorate following its approval. One copy shall be sent to the Central Organization of the Ministry within fifteen days following the approval. In case of leasing within the framework of a project approved by the Provincial Directorate, the lease proposal, together with a copy of the project, shall be submitted to the relevant leasing agency and the result shall be forwarded to the Central Organization of the Ministry. Two copies of the approved project shall be given to the entrepreneur. f) In regards to the projects subject to the approving authority of the Central Organization of the Ministry, the projects shall be analyzed by the Provincial Directorate before they are forwarded to the Central Organization of the Ministry and their deficiencies, if any, shall be corrected. The project, prepared in five copies, and annexed to the letter of recommendation of the Provincial Directorate, shall be sent to the approval of the Central Organization of the Ministry. g) Following the approval of the projects subject to the approving authority of the Central Organization of the Ministry, one copy shall remain with the Central Organization of the Ministry. If leasing is an option for a project approved by the Provincial Directorate, four copies shall be sent to the Provincial Directorate, one of which shall be used during the lease application to the relevant leasing agency, two of which shall be given to the entrepreneur, and one shall be kept in the archives of the Provincial Directorate. Aquaculture Production Certificate ARTICLE 9 The principles and procedures applicable in issuance of production certificates to aquaculture production facilities are as follows: a) Aquaculture production facilities shall apply to the Provincial Directorate to obtain an Aquaculture Production Certificate within one month following the completion of the leasing procedures and commencement of production. The Provincial Directorate shall review within fifteen days of the facility owner s application and the Aquaculture Production Certificate (Annex 6/a and b) attachment prepared by the Provincial Directorate along with the inspection report prepared by the Central Organization of the Ministry, shall forward the package the Central Organization of the Ministry for approval. b) The Aquaculture Production Certificate shall be prepared in one copy for each facility. The original approval copy shall be given to the entrepreneur and a certified 6

7 copy shall be filed in each of the Central Organization of the Ministry and the Provincial Directorate. c) The certificate shall be posted on a visible location inside the administrative building of the facility. d) In the events of project amendment, transfer, change of name, etc., the aquaculture production certificate shall be cancelled and a new Aquaculture Production Certificate that is appropriate to the new operations shall be issued. For that purpose, following the finalization of the transfer procedures with the leasing agency, and along with the Inspection report, the original copy of the old Aquaculture Production Certificate shall be sent to the Central Organization of the Ministry for cancellation whereas the Aquaculture Production Certificate (Annex 6/a and b) prepared in accordance with the new operations shall be sent to the Central Organization of the Ministry for approval. e) Aquaculture Production Certificates of facilities that ceased operations for any reason whatsoever shall be sent to the Central Organization of the Ministry for cancellation. f) Entrepreneurs who will suspend their operations for any reason whatsoever shall apply to the Provincial Administration with a petition clarifying the reason and duration of suspension together with the original copy of the aquaculture production certificate. The original copies of the aquaculture production certificates of these facilities shall be kept in Provincial Directorates until the facility in question resumes production. Information to that effect shall be provided by Provincial Directorates to the Central Organization of the Ministry. g) In order to exchange/renew their aquaculture production certificates issued previously by the Central Organization of the Ministry and/or the Provincial Directorate, entrepreneurs shall apply to Provincial Directorates within one year following the publication of this Regulation, h) Every three year, entrepreneurs shall have their Aquaculture Production Certificates endorsed by Provincial Directorates. Cancellation of the Project ARTICLE 10 General provisions on cancellation of projects of aquaculture production facilities are as follows: a) In regards to the new establishing facilities, the date of the most recent leasing procedure among all the necessary leasing procedures shall be considered as the starting date of the project. If the entrepreneur fails to complete the investment and start production within one year following the start date the project shall be considered as cancelled. In the event that the entrepreneur submits a valid reason for an extension request and under the condition of being deemed appropriate by the Central Organization of the Ministry, a one-time extension of one year shall be granted. At the end of this time period, the projects that were approved by Provincial Directorates shall be cancelled by Provincial Directorates and information to that effect shall be provided to the Central Organization of the Ministry. Cancellation procedures of the projects that were approved by the Central Organization of the Ministry shall be carried out by the Central Organization of the Ministry upon the proposal submitted by the Provincial Directorate. b) Exceeding the term provided in paragraph (a) due to environmental, physical and chemical factors that have subsequently arisen or have been explored or due to a natural 7

8 disaster which might have a negative impact on production shall not be deemed a reason for project cancellation. In that case, the entrepreneur shall be granted a time period of six months for decision-making and the project shall be cancelled if, by the end of six months, the entrepreneur makes no proposal to find a solution such as carrying out activities to eliminate the restricting situation or changing the site of the facility. In the event that the entrepreneur suggests an activity to eliminate the restricting situation and the activity is deemed appropriate, sufficient additional time shall be provided for the suggested activity. If, during the six-month decision-making period, the entrepreneur suggests an amendment in the project, the provisions listed in Article 11 of this Regulation shall be applicable. The decision-making authority of the projects that are under the scope of this article shall be the project approving authority. c) In the event that fishing zones of aquaculture products are leased for production or breeding purposes under the scope of a certain project, the project shall be cancelled by the Central Organization of the Ministry if the entrepreneur fails without any justification to fulfill the investments required for a certain year as called in the termination plan and such situation is documented in a report prepared by the Provincial Directorate and notified to the Central Organization of the Ministry. d) The projects of facilities whose leasing contracts are terminated due to the failure of the entrepreneur to fulfill its obligations shall also be cancelled. The projects that were approved by Provincial Directorates shall be cancelled by Provincial Directorates and information to that effect shall be provided to the Central Organization of the Ministry. The cancellation procedures of the projects that were approved by the Central Organization of the Ministry shall be carried out by the Central Organization of the Ministry upon the proposal submitted by the Provincial Directorate. Project Amendments ARTICLE 11 The principles and procedures applicable in amendment of projects of aquaculture production facilities are as follows: a) Entrepreneurs who are willing to change the species, increase/decrease the capacity, increase/decrease the area, establish additional units, and change the site of their projects shall apply with a petition (Annex 7) to the Provincial Directorate of the place where the facility is located. For these applications, procedures listed in Articles 6, 7 and 8 shall be applicable. b) In consideration of the nature of the amendment requested, the documents previously provided by the entrepreneur shall not be requested again if they are still valid. c) In regards to amendment requests, a new project shall be requested for change of species and a revised project shall be requested for establishment of additional units and capacity increase/decrease. No project shall be requested for area increase/decrease and site change; only documents relating to navigation and leasing and a new settlement plan shall be provided. In case of both capacity increase/decrease and area increase/decrease, both a revised project and documents relating to navigation and leasing shall be requested. d) Except for amendments subject to project amendment requirements, entrepreneurs shall obtain a permit and have their new layout plan approved for any amendment that is not contrary to the essence of the approved projects (i.e. form of the cage/pond, size of the cage/pond, number of the cages/ponds, biological characteristics of the aquaculture products that will be produced, and change of species which have similar production techniques) during the establishment of aquaculture production facilities or after the 8

9 commencement of production. The authority which grants permits and approvals relating to such amendments shall be the authority which previously approved the project. Compulsory Change of Site Location ARTICLE 12 In the event that the Central Organization of the Ministry and/or the Provincial Directorate notifies the entrepreneur of a necessity for a change of site location of an existing aquaculture production facility due to Environmental Planning Surveys or for any legal, technical, national security and similar compulsory reasons, the entrepreneur shall apply with a petition (Annex 8) to the Provincial Directorate of the place where the facilities shall be relocated to. These applications shall be evaluated within the scope of project site change and the procedures shall be carried out in accordance with the principles listed in Article 11. Trial Production ARTICLE 13 General provisions on trial production in aquaculture production facilities are as follows: a) Entrepreneurs who are willing to make trial production in part of their facilities shall apply with a petition to the Provincial Directorate of the place where the facilities are located; the petition shall be submitted together with a detailed report on trial production which includes the purpose, justification, materials, methods, and duration of the trial production. These applications, together with a letter of recommendation of the Provincial Directorate, shall be forwarded to the Central Organization of the Ministry. The authority to grant permits for trial production rests with the Central Organization of the Ministry. b) Entrepreneurs who are willing to make trial production although they do not have any facilities shall apply with a petition (Annex 9) to the Provincial Directorate of the place where the trial facilities will be established. In regards to these applications, procedures shall be carried out in accordance with the principles listed in Articles 6, 7 and 8. However, in preparation of the facility projects, the project disposition prepared by the Central Organization of the Ministry shall be used as the baseline. Transfer of the Project ARTICLE 14 The principles and procedures applicable in transfer of aquaculture production facilities are as follows: a) Entrepreneurs who are willing to transfer their aquaculture facilities to real or legal persons shall apply with a petition (Annex 10) to the Provincial Directorate of the place where the facilities are to be located. Together with the petition, all other documents to be deemed necessary by the Central Organization of the Ministry shall also be provided. b) Proposals relating to the transfer procedures of the projects approved by the Central Organization of the Ministry shall be notified by Provincial Directorates to the Central Organization of the Ministry. Upon the positive recommendation of the Central Organization of the Ministry, the procedures relating to the leasing process of the project transfer shall be forwarded to the establishment and the procedures shall be completed following the approval by the establishment. The result shall be notified by the Provincial Directorate to the Central Organization of the Ministry. Proposals relating to the transfer procedures of the projects that were approved by the Provincial Directorate shall be notified to the Central Organization of the Ministry; the notification shall be accompanied with the positive recommendation of the Provincial Directorate. If 9

10 these proposals are deemed appropriate by the Central Organization of the Ministry, they shall be sent by the Provincial Directorate to the relevant establishment. Following the completion of the transfer procedures, information to that effect shall be provided to the Central Organization of the Ministry. c) Real or legal persons that are the transferees of the project shall deliver a notarized copy of the specification package to the Provincial Directorate. A copy of the specifications shall be sent by the Provincial Directorate to the Central Organization of the Ministry. Tuna Production CHAPTER FOUR Requirements Sought in Other Aquaculture Production Facilities ARTICLE 15 The procedures relating to the establishment and operation of tuna production (fattening) facilities shall be carried out in accordance with this Regulation and the Circular on Tuna Fish (Thunnus thynnus) Hunting and Production (Fattening) published in the Official Gazette No date 3/23/2003, and other relevant instructions published by the Ministry. Organic Aquaculture Production ARTICLE 16 The procedures relating to the projects of organic aquaculture production shall be carried out in accordance with the relevant articles of this Regulation. In production, however, the current legislation on principles and practices of organic agriculture shall be applicable. Establishment of Integrated Facilities ARTICLE 17 In integrated aquaculture projects which include aquaculture production facilities and other related operations, only the part of the project that is related to aquaculture production shall be subject to evaluation, and the procedures relating to these applications shall be carried out in accordance with the principles listed in Article 6, 7 and 8 of this Regulation. CHAPTER FIVE Eggs, Fry and Breeding Materials Import Requirements Sought in Importation of Eggs, Fry and Aquaculture Products for Breeding ARTICLE 18 The requirements that shall be sought in importation of eggs, fry and breeding materials used in aquaculture production are as follows: a) Importation of eggs, fry and breeding materials used in aquaculture production shall be subject to permitting by the Central Organization of the Ministry and/or the Provincial Directorate and the documents to be provided in relation to importation shall be determined by the Central Organization of the Ministry. b) Entrepreneurs that will import eggs, fry and breeding materials for aquaculture production shall apply with a petition (Annex 11) to the Provincial Directorate of the province where the aquaculture production facility is located. A certificate of necessity 10

11 for the requested eggs, fry and breeding materials (Annex 12) shall be prepared by the Provincial Directorate. Then, the petition of the entrepreneur, the certificate of necessity and other documents relating to the importation procedure shall be sent to the Central Organization of the Ministry. A control document shall be prepared and approved for the importation requests that are deemed appropriate by the Central Organization of the Ministry. Together with the Control Document, a copy of certificate of origin, health certificate and a pro forma invoice shall be sent to the Provincial Directorate of the province where the customs office is located where the imported material will be received. CHAPTER SIX Employment of Technical Staff Employment of Technical Staff in Aquaculture Production Facilities ARTICLE 19 The provisions on employment of technical staff in aquaculture production facilities are as follows: a) In accordance with their production capacities, aquaculture production facilities shall employ technical staff with college degrees from universities that provide at least four years of education on aquaculture. In consideration of production capacities, the number of the technical staff to be employed in the facilities shall be determined by circulars to be issued by the Central Organization of the Ministry. One of the technical staff employed shall be assigned as the Technical Managing Director. b) In hatcheries, regardless of the capacity, at least one technical staff shall be employed and assigned as the Technical Managing Director. c) In aquaculture production facilities or hatcheries, if the owner of the facility satisfies the technical staff requirements listed in paragraph (a) of this Article, the entrepreneur himself shall be accepted as a technical staff. d) The aquaculture production facilities and hatcheries that are already in operation shall, within six months, notify the Provincial Directorate of their practices relating to the employment of technical staff and assignment of a technical managing director by filling in the Form on Assignment of a Technical Managing Director and Employment of Technical Staff (Annex 13). e) The aquaculture production facilities and hatcheries that are to be newly established shall fulfill their obligations relating to employment of technical staff and assignment of a technical managing director during their application for the Aquaculture Production Certificate. f) The production capacity according to which the number of the technical staff shall be determined as follows: for establishments that are newly starting their operations, the number of employment shall be based on the production amount specified in the inspection report prepared before the aquaculture production certificate, and; for establishments that are already in operation, the number shall be based on the production amount specified in the latest annual inspection report. During operations in subsequent years, the production capacity upon which employment of the technical staff shall be based will be determined according to amount of production specified in the annual inspection reports. 11

12 CHAPTER SEVEN Aquaculture Health Measures to be taken for the Protection of Aquaculture Health ARTICLE 20 Measures to be taken for the protection of aquaculture health in aquaculture production operations are as follows: a) The Ministry is authorized to take or make others take any measures for the protection of the aquaculture products health and in waters where aquaculture production operations are being carried out. b) In existing operations, dead fish carcasses shall be regularly collected and burned or disposed of by burying in calcareous holes. c) In case of any suspect or finding of a disease in production facilities, entrepreneurs shall immediately notify this situation with a petition to the Provincial Directorate of the place where the facility is located. d) Upon notification of a disease, the Provincial Directorates shall start to monitor the aquaculture facility. Entry and exit of live or dead aquaculture products, any tools, instruments, devices and equipment that might spread the disease, and the staff of the facility shall be subject to the permitting by the authorized personnel of the Provincial Directorate; Provincial Directorates shall ensure that necessary samples are taken from the facilities that have notified a disease and sent to the relevant laboratory for analysis and tests, and necessary measures are taken by other establishments to which the disease might spread. e) In the event that the disease occurred in aquaculture production facilities located on land, all ponds shall be discharged for cleaning and complete disinfection. All eggs, fish or other aquaculture products which demonstrate symptoms of a clinical disease shall be disposed of under the surveillance of and according to the methods to be suggested by the authorized personnel of the Provincial Directorate. f) Following the removal or disposal of the fish, eggs, gametes and other aquaculture products, the ponds, hardware, and any materials, tools and equipment that might have been infected by the disease shall be cleaned and disinfected in accordance with the methods to be suggested by the authorized personnel of the Provincial Directorate so as to eliminate any risk of reoccurrence, spread or survival of the disease. g) The operation of the aquaculture production facility shall not be permitted unless it is established by the Provincial Directorate and notified to the aquaculture production facility that the risk of disease has been eliminated and necessary measures have been implemented. h) The investigation on the disease, measures taken, implementations and their results shall be compiled in a report by the Provincial Directorate and shall be notified to the Central Organization of the Ministry. i) Any medication and similar chemical substances used in hatcheries and aquaculture production facilities shall be used in accordance with the veterinary prescriptions. Where necessary, medication can be used upon magisterial prescriptions. A copy of each prescription of the medications used shall be kept in the facility. 12

13 CHAPTER EIGHT Environmental Impact and Protection Measures in regards to Environmental Impact and Protection ARTICLE 21 Measures to be taken regarding environmental impact and protection in aquaculture production facilities are as follows: a) In projects of aquaculture production facilities, compliance with the Regulation on Environmental Impact Assessment shall be applicable. b) During the establishment process and operations of their aquaculture production facilities, entrepreneurs shall take necessary measures to protect the environment. With this respect, any waste generated at the facilities shall not be released to the water environment in the vicinity; and any material and article that might damage the quality of the water or might be hazardous to the environment or human and aquaculture health shall not be used. c) While carrying out aquaculture production operations, any measure shall be taken to prevent visual pollution. With this respect, in particular, the bags of the feed used in production and other wastes shall be regularly removed from the facilities. In addition, buildings on land must be environmentally friendly to the surroundings and their external wall paint colors must match the surroundings. d) All necessary measures shall be taken to prevent escape of those species produced in the production facilities into the nature. e) Water released by the aquaculture production facilities and hatcheries on land shall be in compliance with the levels listed in the Aquaculture Regulation, and the facilities shall have necessary treatment systems to satisfy these requirements. f) Those establishments which do not have a treatment system shall make the necessary amendment in their layout plans and submit their new layout plans, which include these units and demonstrate their technical specifications, for the approval of the relevant Provincial Directorates. The approving authority of such amendments shall be the approving authority of the project. The facilities in question shall fulfill this obligation within one year following the publication of this Regulation. CHAPTER NINE Inspection Inspection of Aquaculture Production Facilities ARTICLE 22 The provisions on inspection of aquaculture production facilities are as follows: a) The authorized personnel of Provincial Directorates shall inspect aquaculture production facilities in accordance with this Regulation and other relevant legislations. b) Annual routine inspections shall be carried out and inspection reports shall be prepared by Provincial Directorates in April, May and June at aquaculture production facilities; and in March at hatcheries. Inspection reports shall be forwarded to the Central Organization of the Ministry until the end of April for hatcheries and until the end of July for the production facilities. c) One copy of each inspection report shall be provided to the facility inspected. 13

14 d) For facilities that carry out production operations found to be in violation of the provisions of this Regulation and other legislations referred in this Regulation and for the products produced by these facilities, the relevant articles of the Law No on Aquaculture and the provisions of the relevant legislations shall be applicable. Publication of Notices and Circulars CHAPTER TEN Enforcement and Execution ARTICLE 23 The Central Organization of the Ministry shall be authorized to issue notices, circulars and instructions to ensure, facilitate, complete or clarify the implementation of this Regulation. Issues that are not covered by this Regulation ARTICLE 24 Any other issues that are not mentioned by the provisions of this Regulation, relevant procedures shall be applicable in accordance with general provisions. Effective Date ARTICLE 25 This Regulation becomes effective on its issue date. Execution ARTICLE 26 The provisions of the hereby Regulation shall be executed by the Minister of Agriculture and Rural Affairs. 14

15 ANNEX - 1 MINISTRY OF AGRICULTURE AND RURAL AFFAIRS PROVINCIAL DIRECTORATE OF... I would like to establish an aquaculture production facility in province.. Kindly submitted for the necessary action. ADDRESS: - Mailing address, telephone, fax and e -mail.../.../... First and Last Name Signature Information on the planned aquaculture production facility: County : Village/location : Type of production : Fattening and fry production in net cages Name of the water resource (river, lake, dam, sea, etc.) : Planned capacity (ton/year, number/year) : The species to be produced : ANNEXES: Annex 1: 1:25,000 scale map 15

16 ANNEX - 2 AQUACULTURE PRODUCTION PRELIMINARY SURVEY REPORT ESTABLISHMENT ON LAND ( ) NET CAGE ESTABLISHMENT ( ) Date of issuance:.../.../ Information on the Applicant : First and Last Name : Date of application : 2. Information on the Site Applied for : Province/County : Village : Location : Coordinates : Ownership status : a) Property of a real person/company b) Property of the Treasury c) Forest land d) Other 3. Information on the Produce : The species of the produce : The amount of the produce (ton/year) : The amount of the fry to be produced (number/year) : 4. Information on the water and water resource : Name of the resource : Name of the reservoir (*) : Distance of the resource from the production facility : Estimated flow rate (l/sec) (**) : Min:... Max:... Water temperature ( C) : Min:... Max:... Average :... Average depth of water (m) : Water level elevation (*) Minimum (in months): Maximum (in months): - Icing/freezing conditions (for lakes and dam lakes) : - The period in which the water surface is covered with ice (*) : Start... End... - Living material in the water : - Water usage status (irrigation, drinking, energy production, etc.) (**) : - Pollution status, if any (identification of polluters) : (Initials) 5. Information on the site where the facility is to be established: Distance from the residential area (km) : Whether it is exposed to floods or not (**) : Road conditions (asphalted; stabilized-earth etc.) : Transportation conditions (number of days on which the road is closed to traffic): Area to be allocated for production (m 2 ) : The current purpose of use of the site : Soil structure (clayed, sandy-rocky, etc.) (**) : Topographic conditions (slope, etc.) (**) : The way the water arrives to the production ponds (gravity flow, pumping, channels, etc.) (**) : If the facility is being established on land, a scaled sketch of the land; for cage establishments, a map or scaled sketch of the reservoir the status of other facilities nearby, the distance in between these facilities shall be demonstrated by marking on the sketch or map. 16

17 CONCLUSION AND OPINION: Those who conducted the survey (***) : First and Last Name : First and Last Name : Signature : Signature : (*): Lake, dam lake, sea (**): Facilities and hatcheries on land (***): At least two technical staff NOTE: A water analysis report must be attached to this document. 17

18 ANNEX - 3 HATCHERY PRELIMINARY SURVEY REPORT Date of issuance:.../.../ Information on the applicant : First and Last Name : Date of application : 2. Information on the site applied for : Province/County : Village : Location : Area (m 2 ) : Ownership status : a) Property of a real person/company b) Property of the Treasury c) Forest land d) Other 3. Information on the product to be produced : The species of the product to be produced : The amount of the fry to be produced (number/year) : 4. Information on the water and water resource : Fresh water Sea The resource of the water to be used : Distance of the resource from the production facility : Estimated flow rate needed (l/sec) (**) : Water temperature Minimum C : Maximum C : Average C : Known polluters in the water, if any : Information on the site where the facility is to be established: Distance from the residential area (km) : Whether it is exposed to floods or not (**) : Road conditions (asphalted, stabilized-earth, etc.) : Transportation conditions (number of days on which the road is closed to traffic): Area to be allocated for production (m 2 ) : The current purpose of use of the site : If it generates other income, the annual amount (ton, kg, etc.): Soil structure (clayed, sandy-rocky, etc.) (**) : Topographic conditions (slope, etc.) (**) : The way the water arrives to the production ponds (gravity flow, pumping, channels, etc.) (**) : NOTE: A water analysis report shall be attached to this document. Those who conducted the survey (***): First and Last Name : First and Last Name : Signature : Signature : 18

19 ANNEX - 4 OTHER DOCUMENTS NECESSARY FOR ISSUANCE OF A PRELIMINARY PERMIT - For facilities to be established on land, a document which clarifies the ownership status of the facilities and the land on which the facility is to be established; If it is a property of a real person, the title or possession (title) certificate, If it will be leased from a real person, the notarized lease contract signed for a period of the economic life of the project, If it is a property of the Treasury, a letter from the relevant agency, certifying that there is no prejudices (the section, plot and parcel number of the land, the cadastral procedures of which has been completed, shall be specified), If it is a forest land, the certificate of preliminary permit from the Ministry of Forestry, - For aquaculture production in net cages in inland waters, a document demonstrating the monthly water levels of the resource on which the facility is to be established, - For aquaculture production in net cages in seas, a letter from the Undersecretariat of Maritime Affairs, certifying that there is no prejudices. 19

20 ANNEX - 5 MINISTRY OF AGRICULTURE AND RURAL AFFAIRS PROVINCIAL DIRECTORATE OF... I made an application with a petition of for aquaculture production and I am at the preliminary permit/project preparation stage. I would like to make an amendment in my application. Kindly submitted for the necessary action. ADDRESS: - Mailing address, telephone, fax and e -mail.../.../... First and Last Name Signature Information on the planned aquaculture production facility: County : Village/location : Type of production : Fattening and fry production in net cages Name of the water resource (river, lake, dam, sea, etc.) : Planned capacity (ton/year, number/year) : The species to be produced : ANNEXES: Annex 1: 1:25,000 scale map 20

21 ANNEX - 6/a Republic of Turkey MINISTRY OF AGRICULTURE AND RURAL AFFAIRS Directorate General of Agricultural Production and Development AQUACULTURE PRODUCTION CERTIFICATE Photo or Seal Document No : Name of the facility : Name and family name of the owner(s) of the establishment : Address of the facility : Telephone, fax, Product and produce : Project capacity (number/year) : Place and date of project approval : Ownership status : Start date and duration of the lease contract : Number and volume of the ponds (number/m 3 ) : Number and volume of the cages (number/m 3 ) : Hatchery capacity (number of eggs) : Amount of the water used (l/sec) : APPROVAL.../.../... (This certificate should be endorsed every three years as of the date of its approval.) Endorsement dates.../.../....../.../... 21