The fishing and aquaculture sector is a key contributor to Madagascar’s economic development, generating around USD 750 million annually, or 7% of the national GDP and 6.6% of the country’s exports.

Beyond the exploitation itself, the environmental dimension is increasingly important when starting a business in this sector. While fishing activities generally require only an operating authorization, as discussed in our previous article “Business Industries Requiring License or Permit in Madagascar”, aquaculture operations are subject to stricter environmental controls.

This article offers a practical guide to navigating environmental permits and authorizations for aquaculture projects in Madagascar.

tl;dr: Setting up an aquaculture business in Madagascar requires more than just an operating license. Depending on the project’s size and intensity, investors must also obtain either an environmental authorization or an environmental permit. 

Definition and Scope of Aquaculture Activity in Madagascar

The main legal reference for fisheries and aquaculture activities in Madagascar is Law n°2015-053, known as the Fisheries and Aquaculture Code. Some articles of this Code were updated by Law n°2018-026.

Definition of Aquaculture and Production Systems

Aquaculture encompasses any activity aimed at producing aquatic organisms through methods that control one or more phases of the organisms’ biological cycle and the environment in which they develop.

Production systems are generally classified into three types.

• Extensive aquaculture: Characterized by low stocking density, minimal control, low investment, simple technology, and no supplementary feeding.
• Semi-intensive aquaculture: Involves medium stocking density, moderate control, the use of hatchery-produced seeds, supplementary feeding, and limited water exchange or aeration.
• Intensive aquaculture: Marked by high stocking density, a high degree of control, significant investment, advanced technology, regular feeding, and continuous water exchange or aeration.

Scope of Aquaculture Activities

Aquaculture activities are also classified based on their purpose:

• Subsistence aquaculture: Refers to the production of aquatic organisms intended for the producers’ own consumption.
• Commercial aquaculture: Involves producing aquatic organisms for sale or other commercial purposes.
• Scientific aquaculture: Encompasses research or experimental activities aimed at testing new production systems, techniques, or species for the development and improvement of aquaculture practices.

Aquaculture Environmental Evaluation System in Madagascar

This Fisheries and Aquaculture Code works in tandem with the Decree n°2025-080 establishing the rules and procedures for Environmental and Social Evaluation.

This Decree, also known as “Mise en Compatibilité des Investissements avec l’Environnement” (MECI), defines the Environmental Evaluation System which establishes the procedures for environmental and social assessments of aquaculture projects.

Under this system, aquaculture projects are classified into three main categories based on their potential environmental and social impacts:

• Category A projects require a full Environmental and Social Impact Study (EIES) due to significant impacts.
• Category B projects are subject to a Program of Environmental and Social Commitment (PREES) as they have moderate impacts.
• Category C projects are considered to have negligible or no environmental and social impacts.

For the purpose of this article, we will focus primarily on Category A and B projects.

Category A: Projects Requiring an Environmental and Social Impact Assessment (EIES)

Projects classified under this category must obtain an environmental permit, issued by the National Office for Environment (ONE) after approval of the EIES.

Projects in this group include:

• Export or import of live aquatic species or reproductive materials.
• Fish farming with a density exceeding 25 kg/m³.
• Use of surface or groundwater exceeding 30 m³/hour.
• Processing or transformation units producing more than 150 tonnes/year.

In addition, according to Article 111 of the Fisheries and Aquaculture Code, semi-intensive and intensive aquaculture operations must obtain an environmental permit. Non-compliance is subject to fines ranging from 6 to 15 million Ariary per hectare of aquaculture basin.

EIES Application File

To obtain an environmental permit, aquaculture investors must prepare a complete Environmental and Social Impact Assessment (EIES) file. The EIES file must include the following elements:

• Legal documentation: Proof of land ownership or a lease agreement less than three (03) months old for the project site.
• Sectoral authorization: The exploitation license from the Ministry of Fisheries and Blue Economy.
• Detailed project description: This should include a description of infrastructures, processes, technologies, and materials to be used, along with a site development plan, map, and a timeline covering construction, operation, and decommissioning phases.
• Legal and institutional framework: Review of all national and international laws, regulations, and environmental and social standards applicable to the project, as well as the institutions responsible for their implementation and monitoring. This framework should also integrate human rights protection, gender considerations, social norms, and climate resilience, drawing on relevant national and international conventions.
• Definition of the study area: A clear delineation of the study perimeter, which may extend beyond the strict project boundaries, ensuring coherence in the impact assessment process.
• Baseline environmental and social conditions: An analysis of the current state of the environment in the project area. This section should include a schematic model of the main environmental and social systems and a hierarchy of identified issues and constraints.
• Identification of key issues and risks: Assessment of the major social, environmental, and political risks associated with the project.
• Impact assessment and projections: Qualitative and quantitative evaluation of potential positive and negative, direct, indirect, cumulative, and long-term effects of the project. This must also include forward-looking modeling of potential impacts.

EIES Submission to the National Office for Environment (ONE)

Once the EIES file is complete, the investor must submit a formal request for EIES evaluation to the General Director of the National Office for Environment (ONE).

This submission must include, in addition to the EIES report, the following supporting documents:

• A written request from the project promoter addressed to the Director General of the ONE.
• The company’s Commercial Register, articles of association, and the minutes of appointment of the company director.
• A valid tax card and statistical card, along with any documents proving the company’s legal existence.
• A technical feasibility document, validated by the supervising ministry, which also serves as the basis for the list of material investments.
• Supporting documents for the projected investment amount.
• Non-technical summaries of the EIES report in both Malagasy and French.
• A receipt of payment for the investor’s contribution to environmental evaluation fees and the monitoring of the Environmental and Social Commitment Plan (Cahier des Charges Environnementales et Sociales or CCES).

EIES Validation Process

The evaluation period begins once the ONE declares the file admissible (receivable). The ONE evaluates the application within 6 months (might be more) from the date the file is deemed admissible.

If approved, the investor receives an environmental permit signed on behalf of the Minister of Environment.

This permit is valid for five years, after which the Environmental and Social Management Plan (ESMP) must be updated and revalidated.

Category B: Projects Requiring a Program of Environmental and Social Commitment (PREES)

Smaller-scale aquaculture projects fall under Category B, which requires approval of a Program of Environmental and Social Commitment (PREES). This process leads to the issuance of an environmental authorization by the Environmental Unit within the ministry responsible for fisheries and aquaculture.

Projects subject to this procedure include:

• Fish processing or transformation units producing 50–150 tonnes/year.
• Fish farming operations with a density of 10-25 kg/m³.
• Hatcheries or spirulina farms.

PREES Application File

As this request is made within the Ministry responsible for fisheries and aquaculture, which already holds some company information from the process of granting the exploitation license, the procedure for the Program of Environmental and Social Commitment (PREES) is less heavy than the EIES.

A PREES file must include at least the following documents:

• Legal documentation: Proof of land ownership or a lease agreement less than three (03) months old for the project site.
• Sectoral authorization: Authorization from the relevant department according to the project type.
• Project presentation: Description of the project’s nature, location, objectives, implementation timeline, and main activities, with justification of its economic, social, and environmental objectives. Also includes the applicable laws, regulations, conventions, and the authorities responsible for approval and regulation.
• Existing environment description: Overview of the physical (climate, geology, hydrology, air and soil quality), biological (fauna, flora, biodiversity), and socio-economic (local communities, economic activities, land use, infrastructure) conditions of the project area.
• Identification of risks and impacts: Assessment of potential direct and indirect environmental and social impacts, including effects on biodiversity, ecosystems, public health, and local communities.
• Environmental and Social Management Plan (PGES): Measures to mitigate or compensate for negative impacts, waste management, biodiversity management (if applicable), and risk/incident management including emergency plans.
• Monitoring and evaluation plan: Environmental and social indicators, monitoring frequency and methods, and assigned responsibilities and budget.
• Public consultation plan: Summary of consultations with stakeholders, including local communities, civil society organizations, and authorities, and responses to received comments.
• Promoter commitment: Formal declaration to respect mitigation measures, comply with environmental standards, and keep authorities informed.
• Non-technical summary: Simplified version of the report in Malagasy and French.
• Simplified stakeholder version: A version designed for non-specialist audiences.
• Annexes: Maps, plans, technical reports, legal authorizations, and minutes of public consultations.

PREES Submission and Validation 

The PREES request is submitted to the Environmental Unit of the Ministry of Fisheries and Blue Economy. They examine the file and, if favorable, issues the environmental authorization within 45 days.

Summary: Environmental Authorization vs. Environmental Permit for Aquaculture Activities in Madagascar

Note that in both cases, the environmental clearance must be obtained after applying for the aquaculture operating license.

Conclusion

Madagascar’s environmental framework for aquaculture is detailed and rigorous. Investors must anticipate the time and documentation required for environmental compliance, whether for an environmental authorization or permit launching operations.

Properly navigating the MECIE procedures not only ensures regulatory approval but also demonstrates a genuine commitment to sustainable and responsible aquaculture in Madagascar.

If you are curious to learn more about starting a business in this sector, do not hesitate to contact the Madagascar Invest team. We will be happy to guide you through the process and answer any questions.