1. Introduction

Aquaculture biotechnology governance in Morocco concerns the legal regulation, scientific supervision, environmental protection and commercial utilisation of biotechnology in aquatic farming. It covers the cultivation and genetic improvement of fish, shellfish, molluscs, algae and other aquatic organisms through modern biological and technological techniques.

Aquaculture biotechnology includes:

Genetic selection and breeding of fish species.

Molecular diagnostics and disease-resistant aquatic organisms.

Genomic research and genetic modification.

Artificial reproduction and hatchery technologies.

Biotechnology-based fish vaccines.

Microbial treatments and probiotics in aquaculture.

Genetically improved shellfish and marine organisms.

Algae cultivation and biotechnology-based feed production.

Environmental monitoring of aquaculture ecosystems.

Morocco has developed a specialised legal framework for marine aquaculture, particularly through Law No. 84-21 on Marine Aquaculture, promulgated on 13 December 2022.

The framework is complemented by environmental legislation, food-safety requirements, animal-health regulations and a separate regulatory regime for aquaculture in inland waters introduced in 2025.

An important distinction is that Morocco regulates aquaculture activities through several interconnected legal instruments rather than through one comprehensive statute devoted exclusively to aquaculture biotechnology.

2. Constitutional and Legal Foundations

The regulation of aquaculture biotechnology is connected with several constitutional principles under Morocco's 2011 Constitution.

A. Environmental protection

Article 31 recognises access to water and a healthy environment among the rights that public authorities must work towards ensuring.

This constitutional principle supports government intervention where aquaculture activities create environmental risks, including:

Marine pollution.

Genetic contamination.

Destruction of aquatic habitats.

Biodiversity loss.

Excessive use of natural resources.

B. Protection of natural resources

The constitutional framework supports sustainable management of natural resources and requires public authorities to balance economic development with environmental protection.

C. Public health

Aquaculture products intended for human consumption must comply with applicable food-safety requirements.

These constitutional principles provide the foundation for regulating genetically improved fish, biotechnology-based production systems and other advanced aquaculture technologies.

3. Principal Legislation Governing Aquaculture Biotechnology

Several legal instruments are particularly important.

These laws operate together to regulate aquaculture biotechnology from research and production to environmental monitoring and commercial distribution.

Opportunités en Aquaculture+3

4. Law No. 84-21: Marine Aquaculture Governance

Principal legislation

Law No. 84-21, promulgated by Dahir No. 1-22-81 on 13 December 2022 and published in Official Bulletin No. 7174 on 2 March 2023, establishes the principal legal framework for marine aquaculture.

The legislation contains 94 articles addressing the organisation, development, management and operation of marine aquaculture activities.

Article 1 establishes the purpose of regulating marine aquaculture activities.

Article 3 establishes its territorial scope, covering marine aquaculture conducted:

At sea.

On land.

In lagoons and sebkhas connected with the sea.

On public property.

On the hydraulic public domain.

On qualifying private land.

Article 4 recognises different purposes of aquaculture, including commercial production, recreation, scientific research, experimentation, restocking and training.

These provisions are important because biotechnology-based aquaculture can take place in commercial farms as well as scientific research establishments.

Legal significance for biotechnology

A biotechnology company cannot assume that scientific innovation automatically exempts its activities from aquaculture authorisation requirements.

Where a biotechnology activity constitutes regulated aquaculture, the relevant authorisation or approval must be obtained.

Ma Loi+1

5. Institutional Governance: National Agency for Aquaculture Development

The National Agency for the Development of Aquaculture (ANDA) plays an important role in the development and organisation of Morocco's aquaculture sector.

It was established under Law No. 52-09 of 2011 and its institutional framework was subsequently amended by Law No. 85-21.

Its responsibilities include:

Supporting national aquaculture development policies.

Promoting sustainable aquaculture investment.

Assisting aquaculture entrepreneurs.

Supporting the organisation of aquaculture zones.

Participating in the preparation of aquaculture development plans.

Coordinating technical and scientific activities.

Promoting responsible development of the aquaculture industry.

ANDA also works with the National Institute of Fisheries Research (INRH).

Biotechnology governance implications

ANDA's role is particularly relevant to projects involving:

Genetically improved fish.

Advanced breeding programmes.

Biotechnology-based hatcheries.

Marine genetic research.

Disease-resistant aquaculture species.

Sustainable production technologies.

However, ANDA's development and coordination role should not be confused with every regulatory approval required from other competent authorities.

Opportunités en Aquaculture+1

6. National Council for Marine Aquaculture

Article 7 of Law No. 84-21 establishes the National Council for Marine Aquaculture.

The Council provides opinions on:

Proposed aquaculture development plans.

Amendments to aquaculture plans.

Legislative and regulatory proposals affecting aquaculture.

Aquatic-water quality.

Conservation of aquatic species.

Protection of biodiversity.

Sustainable development of aquaculture.

Its consultation is required during the preparation of regional aquaculture development and management plans.

This institutional mechanism is important for biotechnology governance because genetic modification and advanced breeding may have consequences beyond individual aquaculture farms.

For example, the introduction of a genetically improved fish species could affect native species, aquatic ecosystems and neighbouring farming operations.

The Council provides an institutional mechanism through which these broader considerations can be examined.

Ma Loi+1

7. Regulation of Genetic Engineering and Genome Editing

Genetic engineering is one of the most significant emerging areas of aquaculture biotechnology.

Potential applications include:

Increasing fish growth rates.

Improving disease resistance.

Improving tolerance to temperature changes.

Enhancing reproductive performance.

Developing more efficient feed-conversion characteristics.

Improving resistance to environmental stress.

However, genetically modified aquatic organisms can create environmental risks if they escape into natural ecosystems.

Potential risks include:

Interbreeding with wild populations.

Disruption of native genetic diversity.

Competition with indigenous species.

Changes in aquatic food chains.

Unpredictable ecological consequences.

Moroccan regulatory position

Law No. 84-21 provides the principal marine-aquaculture framework, but it should not be interpreted as a blanket authorisation for genetically modified aquatic organisms.

Relevant environmental, biodiversity, animal-health and species-control requirements must also be considered.

For inland aquaculture, Decree No. 2-23-969 of 11 February 2025 expressly regulates the introduction, breeding and transfer of exotic or genetically modified aquatic organisms through specific controls, including scientific and installation-related requirements.

This is particularly significant because it demonstrates that Moroccan law recognises the distinct risks associated with genetically modified aquatic organisms.

InforMEA+2

8. Environmental Impact Assessment and Biotechnology Risk

Environmental assessment is a central part of aquaculture governance.

The relevant legislation includes:

Law No. 11-03 on environmental protection.

Law No. 12-03 on environmental impact studies.

Law No. 49-17 on environmental assessment.

Law No. 81-12 on coastal protection.

Morocco's ANDA specifically identifies environmental assessment as a requirement relevant to the establishment and operation of aquaculture farms.

Environmental assessment may consider:

A. Genetic contamination

Whether genetically improved or modified organisms could escape into surrounding waters.

B. Biodiversity protection

Whether aquaculture operations could affect native fish, molluscs and other aquatic species.

C. Water pollution

Whether chemicals, biological waste, antibiotics or other substances could contaminate surrounding waters.

D. Ecological carrying capacity

Whether the proposed farm could exceed the ecological capacity of the selected location.

E. Cumulative environmental effects

Whether multiple aquaculture operations could collectively damage marine ecosystems.

An environmental assessment should therefore examine not only the immediate farm but also its potential effects on the surrounding aquatic environment.

An important legislative distinction is that Law No. 49-17 was promulgated in 2020, while Law No. 12-03 remains referenced in official aquaculture guidance. The applicable transitional provisions and implementing requirements must be checked for each project.

Opportunités en Aquaculture+2

9. Regulation of Aquatic Animal Health and Disease Control

Aquatic animal health is another important component of biotechnology governance.

Disease outbreaks can destroy aquaculture production and create risks for neighbouring farms and natural populations.

Morocco regulates aquatic animal diseases through several instruments.

Important legal instruments

Dahir No. 1-75-292 of 1977 concerning protection against contagious animal diseases.

Ministerial Order No. 1899-13 of 25 November 2013 concerning additional and special measures against diseases of aquaculture fish.

Ministerial Order No. 2272-13 of 21 November 2013 concerning measures against diseases of marine molluscs.

These measures support:

Disease surveillance.

Veterinary inspections.

Laboratory testing.

Epidemiological investigations.

Quarantine.

Movement controls.

Disease reporting.

Measures against the spread of infection.

The National Office for Food Safety (ONSSA) has an important role in animal-health and food-safety oversight.

Biotechnology implications

Aquaculture biotechnology companies developing fish vaccines, molecular diagnostic systems and disease-resistant fish must consider the relevant authorisation, sanitary and monitoring requirements.

ONSSA+2

10. Food Safety and Commercialisation of Biotechnology-Based Aquaculture Products

Law No. 28-07 on the sanitary safety of food products is particularly important for commercial aquaculture.

It establishes requirements relating to food safety, traceability and the marketing of food products.

Decree No. 2-10-473 of 6 September 2011 implements certain provisions of this law.

ANDA's regulatory guidance explains that an aquaculture farm requires sanitary authorisation in addition to its establishment and operational authorisation before its products can be marketed.

Important compliance areas include:

Microbiological safety.

Chemical contamination.

Residues of veterinary medicines.

Safe use of animal feed.

Production traceability.

Processing and storage standards.

Consumer information.

Product inspection.

For example, a company producing genetically improved fish cannot rely solely on its biotechnology research approval to establish that the resulting food products are safe for consumption.

Food-safety requirements remain independently applicable.

ONSSA+2

11. Regulation of Biotechnology Research and Experimental Aquaculture

Scientific research is essential to the development of modern aquaculture.

Morocco's Law No. 84-21 contains specific provisions addressing scientific research, experimentation, restocking and training.

Articles 60–64 are particularly relevant.

Article 60 provides for authorisation of aquaculture activities conducted for scientific research, experimentation, restocking or training.

Article 62 specifies that scientific aquaculture research may be conducted by public or private establishments and organisations having a scientific or technical purpose.

Article 63 addresses the documentation accompanying applications for scientific research authorisation.

Article 64 provides that the relevant research authorisation may be granted for a period not exceeding ten years and may be renewed.

Practical applications

These provisions are relevant to research involving:

CRISPR-based fish genetics.

Aquatic genomic sequencing.

Fish embryo research.

Artificial reproduction.

Marine biotechnology.

Molecular disease detection.

Development of genetically improved aquatic organisms.

Scientific approval should not be confused with permission to commercially release or market the resulting organism.

Ma Loi+1

12. Inland Aquaculture: Decree No. 2-23-969 of 2025

Important 2025 development

Morocco has also established a detailed regulatory framework for inland-water aquaculture.

Decree No. 2-23-969 of 11 February 2025 regulates aquaculture in continental waters.

The decree identifies the National Agency for Water and Forests as the competent authority.

Its principal regulatory features include:

Authorisation of aquaculture operating units.

Renewal and modification of operating permissions.

Compliance with regional development plans.

Environmental acceptability requirements.

Regulation of occupation of the hydraulic public domain.

Controls on exotic aquatic organisms.

Controls on genetically modified aquatic organisms.

Regular inspection of aquaculture facilities.

Suspension and withdrawal of operating authorisations for non-compliance.

The decree is particularly important for biotechnology governance because it expressly addresses exotic and genetically modified aquatic organisms.

It also requires consideration of scientific competence and suitable safety installations.

Consequently, inland aquaculture biotechnology projects must comply with a regulatory regime that is distinct from the marine-aquaculture licensing framework.

InforMEA+1

13. Regional Aquaculture Planning: Decree No. 2-23-1032 of 2025

Decree No. 2-23-1032 of 14 March 2025 regulates regional aquaculture development and management plans and aquaculture structures.

It implements the planning framework established under Law No. 84-21.

The decree addresses:

Preparation of regional aquaculture plans.

Technical and geographical studies.

Scientific and environmental documentation.

Consultation with relevant public authorities.

Consultation with the National Council for Marine Aquaculture.

Periodic evaluation and revision of plans.

Publication of approved planning documents.

ANDA is involved in preparing aquaculture plans in coordination with INRH.

The decree is important because biotechnology farms cannot be considered entirely independent of regional ecological planning.

For example, a proposed genetically improved fish farm must be assessed in the context of the suitability of the proposed location, the surrounding aquatic environment and the overall aquaculture development plan.

UNEP Law and Environment Assistance Platform+1

14. Case Laws and Judicial Decisions

An important research qualification is necessary here: I could not verify a reported Moroccan court judgment specifically deciding a dispute about genetically modified aquaculture organisms or aquaculture biotechnology under Law No. 84-21.

Therefore, the following analysis distinguishes documented Moroccan regulatory instruments from judicial authorities that may provide analogous legal principles. It would be misleading to invent Moroccan case names or judgment numbers.

A. Morocco: Aquaculture Eddadi Tiniguir authorisation

Administrative regulatory example — not a court judgment

Moroccan Joint Ministerial Order No. 1574-22 of 9 June 2022 authorised Aquaculture Eddadi SARL AU to establish and operate an aquaculture farm called Aquaculture Eddadi Tiniguir.

The authorisation illustrates the use of formal administrative approval and a project-specific operating arrangement in Moroccan aquaculture.

Legal significance:

Aquaculture operations require appropriate administrative authorisation.

Farm operations are subject to defined legal conditions.

Government approval is central to regulated commercial production.

This example predates the implementation of the full Law No. 84-21 framework and should be understood in its historical legal context.

FAOHome+1

B. Morocco: Seaquaculture SNC authorisation (2021)

Administrative regulatory example — not a court judgment

Joint Order No. 509-21 of 26 February 2021 authorised Seaquaculture SNC to establish and operate a marine aquaculture farm.

The authorisation covered the cultivation of:

Mytilus galloprovincialis.

Perna perna.

Crassostrea gigas.

It provided for a ten-year authorisation period, subject to the applicable conditions.

Legal significance:

This administrative example demonstrates the importance of species identification, project-specific authorisation and regulatory control over commercial aquaculture.

It is particularly relevant to biotechnology projects involving shellfish breeding and genetic improvement.

sgg.gov.ma

C. European Court of Justice: Monsanto SAS v President of the French Republic

Case: C-58/10 to C-68/10, joined cases, judgment of 8 September 2011.

This litigation concerned emergency measures restricting genetically modified organisms under European Union law.

The Court examined the conditions under which Member States could adopt protective measures concerning genetically modified products.

Relevance to Morocco:

Although this was not a Moroccan aquaculture case, it provides comparative legal guidance concerning the relationship between scientific risk assessment, regulatory precaution and the protection of the environment.

It is relevant when considering whether biotechnology-based aquatic organisms should be subjected to additional safety restrictions.

D. European Court of Justice: Bablok and Others v Freistaat Bayern

Case: C-442/09, judgment of 6 September 2011.

The case concerned the presence of genetically modified material in food products, including honey.

The dispute examined the legal consequences of unintended contamination by genetically modified organisms.

Relevance to aquaculture:

The reasoning is relevant to potential genetic contamination of aquatic products and the importance of traceability, product safety and control of unintended exposure.

It does not establish Moroccan law, but provides a useful comparative framework for biotechnology-related food-safety disputes.

E. European Court of Justice: Fidenato and Others

Case: C-111/16, judgment of 13 September 2017.

The case concerned emergency measures involving genetically modified maize and the application of precautionary requirements.

Relevance to aquaculture biotechnology:

It provides comparative insight into the legal distinction between scientific evidence of risk and the regulatory requirements for imposing emergency restrictions.

This distinction can be useful when assessing the introduction of genetically modified fish or shellfish into aquatic ecosystems.

Important qualification: These European judgments are persuasive comparative materials only. They are not binding precedents in Moroccan courts.

15. Liability for Aquaculture Biotechnology Damage

Aquaculture biotechnology can generate civil, administrative and potentially criminal liability.

The principal situations include:

For example, suppose a Moroccan company introduces genetically modified fish into a commercial aquaculture facility without satisfying the applicable regulatory requirements.

If those organisms escape and cause ecological damage, several legal questions may arise:

Whether the company obtained the required authorisations.

Whether the environmental assessment adequately addressed the risks.

Whether appropriate containment measures were implemented.

Whether the company breached its regulatory obligations.

Whether the damage can be attributed to the company's activities.

Whether compensation or restoration measures should be imposed.

The applicable civil-liability rules, environmental legislation and administrative enforcement provisions would determine the consequences.

16. Intellectual Property and Biotechnology Ownership

Aquaculture biotechnology also creates intellectual-property questions.

Examples include:

Patents involving fish-breeding technologies.

Molecular diagnostic inventions.

Biotechnology-based vaccines.

Genetic sequencing technologies.

Specialised aquaculture equipment.

Commercially valuable biological processes.

Morocco's Law No. 17-97 on industrial property, as amended, is relevant to patent protection.

However, intellectual-property rights do not automatically confer permission to introduce or commercially cultivate a genetically modified organism.

A biotechnology company may possess patent rights over a particular technology while remaining subject to separate environmental, animal-health and aquaculture licensing requirements.

This distinction is important for balancing innovation with public and environmental interests.

17. International Legal Framework

Morocco's aquaculture biotechnology governance must also be understood in the context of international environmental and trade commitments.

Important international instruments include:

A. Convention on Biological Diversity, 1992

It establishes principles concerning biodiversity conservation, sustainable use and the fair and equitable sharing of benefits arising from genetic resources.

B. Cartagena Protocol on Biosafety, 2000

It establishes an international framework for the safe handling, transfer and use of living modified organisms that may adversely affect biodiversity.

Its relevance depends on the organism, activity and applicable scope of the Protocol.

C. United Nations Convention on the Law of the Sea, 1982

It provides the broader legal framework for marine environmental protection and the conservation of marine living resources.

D. WTO Agreement on Sanitary and Phytosanitary Measures

It governs certain sanitary and phytosanitary measures affecting international trade, including measures relevant to aquatic food products.

E. FAO Code of Conduct for Responsible Fisheries, 1995

It provides internationally recognised guidance for responsible fisheries and aquaculture management.

These instruments contribute to the development of responsible aquaculture governance and international regulatory cooperation.

18. Major Legal Challenges in Morocco

Despite the development of a specialised aquaculture framework, several legal and institutional challenges remain.

1. Genetic modification oversight

The regulatory treatment of genetically modified aquatic organisms requires detailed technical assessment and effective implementation.

2. Biodiversity protection

Genetically improved organisms may create risks for native aquatic populations.

3. Institutional coordination

ANDA, ONSSA, INRH, environmental authorities and the National Agency for Water and Forests have different responsibilities.

Effective coordination is essential.

4. Environmental monitoring

Continuous monitoring is necessary to identify pollution, disease outbreaks and ecological changes.

5. Scientific evidence

Authorities require reliable scientific data to evaluate the safety of emerging biotechnology applications.

6. Regulatory transparency

Clear procedures for authorisation, inspection, suspension and appeal are important for both investors and affected communities.

7. Cross-border biotechnology transfers

The importation of aquatic genetic material, biological samples and genetically modified organisms creates additional biosafety and traceability concerns.

8. Judicial accountability

The development of accessible and specialised judicial oversight is important where regulatory decisions affect environmental protection, commercial rights or public health.

19. Recommendations for Strengthening Aquaculture Biotechnology Governance

Morocco could strengthen its regulatory framework through the following measures:

Develop detailed technical rules specifically addressing genome-edited and genetically modified aquatic organisms.

Establish consistent risk-assessment standards for aquatic biotechnology.

Strengthen genetic containment and monitoring requirements.

Improve coordination between ANDA, ONSSA, INRH and environmental authorities.

Establish more comprehensive aquatic genetic-resource databases.

Strengthen disease surveillance and molecular diagnostic capabilities.

Introduce transparent reporting requirements for biotechnology-based aquaculture farms.

Improve environmental liability and ecological restoration mechanisms.

Strengthen scientific independence in regulatory risk assessments.

Improve public access to environmental information and participation in relevant planning procedures.

20. Conclusion

Regulation of aquaculture biotechnology governance in Morocco is based on a combination of specialised aquaculture legislation, environmental protection requirements, food-safety regulations and animal-health controls.

Law No. 84-21 of 2022 provides the central legal foundation for marine aquaculture, while Decree No. 2-23-969 of 2025 establishes an important regulatory framework for inland aquaculture, including express controls concerning exotic and genetically modified aquatic organisms.

The National Agency for the Development of Aquaculture, ONSSA, INRH and other competent public institutions contribute to the administration, supervision and scientific development of the sector.

The principal legal challenge is to balance biotechnology innovation and commercial development against environmental sustainability, biodiversity conservation, animal health and consumer protection.

Ultimately, Morocco's aquaculture biotechnology governance must ensure that scientific innovation remains subject to effective authorisation, scientific risk assessment, environmental protection and public accountability.

Important Legal References for Academic Research

Primary research sources

Morocco – Law No. 84-21 on Marine Aquaculture.

ANDA – Official Aquaculture Regulatory Framework.

Decree No. 2-23-969 of 2025 – Inland Aquaculture.

Decree No. 2-23-1032 of 2025 – Regional Aquaculture Planning.

ONSSA – Food Safety Legislation.

Moroccan Ministry – Environmental Assessment Legislation.

Academic research note: The Moroccan administrative authorisations discussed above are documented regulatory examples, not reported judicial precedents. The comparative European judgments should not be represented as binding Moroccan case law.

I can also develop this topic into a research-paper format with 20–30 verified Moroccan and international judicial decisions, statutory provisions and academic references, while clearly distinguishing direct precedents from comparative authorities.