Issue link: https://maltatoday.uberflip.com/i/721047
8 maltatoday, WEDNESDAY, 31 AUGUST 2016 News Cabinet approves emergency enforcement orders against polluting fish farms MIRIAM DALLI OPERATORS of tuna fish farms who persist in breaching regula- tions and ignoring enforcement orders issued by the Planning Au- thority, may face emergency en- forcement orders (EEOs) which would allow the authorities to take action against the operators with- out the right of appeal. An emergency enforcement order can only be issued by the Planning Authority once a 'certificate of ap- proval' is issued by the Environ- ment and Resources Authority (ERA). This is done after the ERA asserts that the breach of regula- tions is leading to "imminent dam- age" to the environment. No date has been set as to when such EEOs will be issued. Environ- ment Minister José Herrera insist- ed that such a decision depended on the ERA, an autonomous au- thority. "But I can assure you that the ERA will be taking its decision swiftly," the minister said, when pressed. Planning Authority executive chairman Johann Buttigieg said the EEO would come into force if the operators fail to take action in the stipulated timeframes as listed in the enforcement notifications is- sued by the PA. Operators who persist in breach- ing the regulations also risk losing their fish as the authorities would step in to release the tuna into the sea. An ad hoc committee, set up on order of the environment minis- ter, has concluded that the sludge repeatedly witnessed on the east side of the island derives from fish farms. During a press briefing held yesterday afternoon, Herrera – flanked by junior ministers Debo- rah Schembri and Roderick Galdes – said the Cabinet had been briefed about the situation and support was registered to raise fines and introduce a regulatory framework that adequately regulates fish- farming operations. Following years of complaints by swimmers and bathers, the author- ities – including the aquaculture department – have finally admit- ted that the sludge and foam that has been plaguing Malta's coast is the result of incorrect feeding prac- tices. Aerial footage taken by the au- thorities shows feeding pans full of frozen sardines and mackerel. The sludge is the result of oil from the sardines and mackerel defrosting in the sea. According to ERA chief execu- tive Reuben Abela, the bubbles are formed once the oil gets closer to the coast, forming the sludge. The sludge problem, which has been dragging for years, is also the result of blatant breaches by the op- erators, the three Cabinet members said. Six operators have been found to either have cages bigger than permitted – both in circumfer- ence and depth – more cages than declared, operating an undeclared tuna farm and breeding more fish than they should. "The reality is that this sector has gone unregulated for years and the problem has finally exploded," Herrera told journalists. The ERA, the Planning Author- ity and the aquaculture depart- ment will be working together to monitor the industry. Galdes, who reiterated that the fish-farming industry had grown over the years without a proper framework regu- lating it, said officials will be con- stantly monitoring the fish farms. "New regulations to be published will also provide the department with the necessary tools and power to strengthen its monitoring," he said. Describing the action being planned by the government as "draconian" and insisting that he will not allow the operators to con- tinue abusing, Herrera said that solving the issue had become his priority. "We cannot treat our waters but allow such a sludge to contaminate our sea… this is a mortal sin," the minister said, who described the sludge pollution as "almost a na- tional crisis". Schembri, parliamentary secre- tary for planning, explained that operators only require a planning permit to operate, without the need of an operating licence. "[The Cabinet] has discussed this issue and we want to reach a point where an operating licence is man- datory. We want to find a solution that encourages people to regulate themselves," she said. Schembri confirmed that daily fines for infringements are set to increase. This will not only affect operators of fish farms but anyone whose business is sea-related. Two operators are facing enforce- ment orders by the Planning Au- thority. Both cases are at appeals stage and the hearings are set to take place during the first week of September. 14 extra cages at Munxar fish farm JAMES DEBONO IN 2003 the fish farm at Munxar was originally granted a permit for three tuna cages and two sea bream cages, with a capacity quota of 350 tonnes for tuna and 150 tonnes for sea bream. But an onsite inspection in Au- gust 2016 revealed that the op- erator had 15 cages for sea bream and four cages for tuna in the same site. These details emerge from a case officer report issued by the PA's Planning Directorate on an application dating back to 2008 asking the PA to increase the ca- pacity of the fish farm. Amidst the current controver- sy generated by pollution alleg- edly from fish farm operations, the application has been brought to the fore with the PA schedul- ing a meeting on 15 September during which it will be taking a decision on whether to increase the production capacity at the Munxar Reef fish farm. The fish farm is owned by Sav- iour Ellul, a director of MFF Limited, which forms part of the Ebcon Group of Companies. Both the Government Prop- erty Division and the Planning Directorate are now calling for a refusal. The proposal is to increase tuna capacity to 1,500 tonnes and sea bream/sea bass capacity to 1,000 tonnes.An enforcement order issued in 2014 claims that the fish farm was moved to 550 metres from Xrobb l-Ghagin in- stead of 700 metres as approved. The terms of the original permit state that the PA can revoke it anytime if conditions are not ad- hered to. The case officer report states that "the potential for rev- ocation of permit is still valid." Relocation to Zonqor still on the cards The case officer report con- firms that the PA and the De- partment for Fisheries are still seeking to relocate all existing fish farms to an aquaculture zone proposed by the previous government in the south east of Malta. The permit was approved in 2006 on a site six km away from Zonqor point. The proposal was met by op- position from both the operators and the Marsaskala council. The project was justified by the need to reduce the concentration of aquaculture in the vicinity of the shoreline. Fish and Fish Limited, MFF Limited, the shop owners association of Marsaskala and the Labour-led Marsaskala local council had appealed. Present Justice Minister Owen Bonnici represented the council in this appeal. The three appeals were dis- missed by the PA's review tribu- nal. The two fish farm compa- nies appealed this decision in the appeals court, which however also rejected the appeal. The PA is now insisting that it will not be issuing any permits for an extension of existing fish farms until these are relocated to the site off Zonqor point. The commitment to relocate fish farms to this location was reiter- ated in the aquaculture strategy approved by the Department of Fisheries in 2014. According to the aquaculture strategy for the Maltese islands for the period 2014 and 2025 "a number of farms have obtained a sea-use planning permit on condition that operations are relocated to the south east aqua- culture zone," adding that "their physical relocation has been stalled due to pending court litigation." The case officer now states that since the court has confirmed the permit, "the phys- ical relocation of the fish farms is no longer stalled." One of the reasons given by the case officer for refusing the ap- plication is that it is located out- side this designated zone. Developers claim that financial viability is at stake The developers insist that the extension of the Munxar fish farm is necessary for its eco- nomic viability and its support for international and national research projects which include the Selfdott and Amberjack pro- jects which are aimed at breed- ing tuna and other harvested fish in captivity. The developers also argue that to provide fish regu- larly to their international clients they need to have a sea bream farm with a capacity of 1,000 tonnes. They also claim that the farm was "slightly" moved for safety reasons to bring the cages nearer to the lighting buoys. The devel- opers also argue that they have already been given a 1,000 tonne quota for sea bream and a 1,500 tonne quota for tuna if they move to the designated aquacul- ture zone. Operators in breach of permits: AJD, which produces tuna at Malta's north has been found to hold 13 tuna cages, 90 metres each, without the necessary per- mit. AJD also faces an active enforcement. The operator also holds three cages, 42 metres each, three cages which measure 50 metres and one which measures 90 metres. Fish & Fish Limited has a planning permit which was origi- nally issued for the breeding of sea bream and sea bass, but was later partly converted to tuna. On site there are 14 tuna cag- es, each measuring 50 metres, in two locations. The approved permits are for eight tuna cages and eight sea bream/sea bass cages, each measuring 20 metres. The operator has six tuna cages with infringement. An active enforcement is subject to a pending appeal. Malta Fish Farming Ltd (MFF), produces tuna, sea bream and sea bass. The operator has 15 by 20 metre cages of sea bream / sea bass, and four tuna cages, three measuring 50 metres and one measuring 90 metres. An infringement notice has been is- sued against a 50-metre tuna cage and 13 sea bream / sea bass cages. There is also an active enforcement ECF 375/14, which is subject to a pending appeal. Defrosted feed is one of the main causes of the sludge hitting the shores