Environmental impact mitigation and bi-culture: a comparative legal analysis of flexibility within European legal regimes – biofilter deployment

This paper investigates the potential flexibility within the current legal frameworks governing marine aquaculture across Europe to cater for the installation and management of marine biofilters alongside fish farms. The basis for debate is that deployment of these biofilters could be used to facilitate environmental impact mitigation. Furthermore, they have the potential to facilitate the development of bi-culture or polyculture through the harvesting of species from the biofilters themselves, for example, mussels (Mytilus edulis). This study explores the flexibility within and suitability of the current legal systems within Europe to cater for the specific technology’s adoption and management. The challenges identified from the legislative and policy frameworks are discussed along with the applicability of these to the use of biofilters for the development of bi-culture. Penultimately, recommendations are made as to where additional measures are needed and the challenges and difficulties that such measures will need to overcome before biofilters can be applied for environmental impact mitigation. Finally, the paper illustrates an application of ‘Comparative Legal Analysis’, demonstrating links to the question in hand and through so doing to wider coastal issues.