The Common Fisheries Policy The Quest for Sustainability
, by Penas Lado, Ernesto
- ISBN: 9781119085645 | 1119085640
- Cover: Hardcover
- Copyright: 4/18/2016
Written by Ernesto Penas of the European Commission's Directorate-General for Maritime Affairs and Fisheries, this thorough and comprehensive book provides a full understanding of the European Commission's common fisheries policy (CFP), which is of major importance to all fisheries scientists and managers.
Commencing with introductory chapters which look at the history behind the CFP, its birth and enlargement, this excellent book continues with chapters covering the major aspects of the CFP including policies on conservation, fishing fleets, structure, control, and environment, the external sector, scientific advice, stakeholders and decision making. Further chapters consider the Mediterranean Sea, aquaculture and the reforms of the CFP. A concluding chapter looks at what's next for the CFP.
The Common Fisheries Policy is an essential reference for all fisheries managers and fisheries scientists throughout the world, and provides a huge wealth of important information for fish biologists, conservation biologists, marine biologists, environmental scientists and ecologists in academia, governmental and non-governmental organizations and commercial operations. Libraries in all universities and research establishments where fisheries and/or biological sciences are studied and taught should have copies on their shelves.
Ernesto Penas is currently Director for Policy Development and Coordination, at the Directorate General for Fisheries of the European Commission. He has over 20 years' experience working closely on all aspects of the Common Fisheries Policy (CFP) including conclusion of negotiations on the major reform of the CFP.
Preface xii
Acknowledgements xiii
Disclaimer xiv
1 Why the common fisheries policy is important 1
Europe and fisheries 1
The CFP as a key European policy 1
The fishing sector in Europe: some facts 1
A historical background 3
The importance of European fishing beyond economics 7
Fishing and national traditions: the difficult balance 8
Fishing and the tragedy of the commons 8
The importance of geography 8
The importance of economics and culture 9
Fisheries and international conflict 10
Fisheries and European law 10
The CFP in the Treaty of Rome 10
Fishing in subsequent Treaties 11
The Treaty of Lisbon 12
Fisheries policy and European integration 13
Who decides what in the CFP? 13
The importance of history 15
Notes 16
References 16
2 The origin of the CFP 18
Fishing in the 1960s 18
The context in Europe 18
The context in the world 19
The precedents: ICNAF and NEAFC 20
The Commission’s first initiatives 21
The 1967 Communication 21
The structures and market
regulations of 1970 21
The enlargement of 1973 22
The declaration of exclusive fisheries zones as of 1977 24
Relative stability and The Hague preferences 26
The basic allocation key 27
The Hague Preferences 28
The consolidation of relative stability 28
The regulations of 1983 29
Regulation 170/83 29
Regulation 171/83 30
What remains of the 1983 policy? 31
The 12]mile regime 31
Relative stability… 31
… But relative stability can change 32
…And relative stability can be adjusted annually: quota swaps 33
The application of The Hague Preferences 34
Notes 34
References 35
3 EU enlargement and the CFP 36
The first enlargements 36
The second enlargement: Greece in 1981 36
Spain and Portugal in 1986: a quantum leap for the CFP 36
The Treaty of Accession 38
The transitional period and the ‘Western Waters’ Regulation 38
The first adaptation in 1995 39
The end of the transitional period in 2002 39
The effort management scheme of the western waters 39
The biologically sensitive zone 40
The question of access 41
The other side effect of accession: the ‘quota hoppers’ 42
Implementation of the Western Waters Regulation 43
Other enlargements 43
Sweden, Finland and Austria in 1995 and the failed accession of Norway 43
The non]accession of Norway 44
The 2004 enlargement: new Baltic, Mediterranean and land]locked Member States 45
The enlargement of 2007: the Black Sea 46
Croatia in 2013 47
Notes 47
References 48
4 The conservation policy 49
Conservation: the core business of the CFP 49
TACs and quotas: the main conservation instrument of the CFP 50
The scope of TACs and quotas 51
TACs and scientific advice: a conflicting relationship 53
Improving TAC setting: from ad hoc discussions to the Policy Statement 55
New types of TACs 58
The elusive multi]species TACs 59
Enforcing TACs 61
Quota flexibility 62
From annual TACs to multi]annual plans 62
The case of cod 63
The reform of 2002 and the consolidation of long]term plans 65
Other long term plans 66
Other plans proposed by the Commission 69
The introduction of fishing effort as a management instrument 71
Cod recovery and effort management 71
The implementation of effort management 73
The future of effort management 75
Technical measures 76
Technical measures: are they just technical? 76
Some historical background 77
Gear characteristics 78
Minimum landing sizes: a difficult compromise 82
Closed areas/seasons as technical measures 83
Closed areas as a mainstream management instrument 85
Amending technical measures 85
Implementing technical measures 86
The future of technical measures 88
Is the CFP conservation policy a success? 88
The slow progress of the conservation policy 88
The Mediterranean 92
The contribution from long]term management plans 92
Linkages of the conservation policy with other policy elements 92
Leisure fishing 94
Notes 95
References 95
5 Fleet policy 99
The relationship between fleets and resources 99
Fleet capacity and fisheries management 99
Historical background: the first fleet policy 100
The multi]annual guidance programmes 100
MAGPs for the period 1983–1986 101
MAGPs for the period 1987–1991 101
MAGPs for 1992–1996: the Gulland report 102
The MAGPs 1997–2001: the Lassen report 103
Did the MAGPs work? 104
The modest objectives and their implementation 104
The measurement of capacity 105
The technological creep 106
The unpopular image of the policy 106
Other weaknesses of the MAGPs 106
From MAGPs to Member States’ responsibility: the policy since 2002 107
The new policy 107
Implementation 109
MAGPs versus Member State responsibility 110
Fleet and structural policy: have they helped each other? 111
Vessel construction and modernisation: a contribution to overcapacity? 111
Scrapping 112
Temporary laying]ups: an instrument to undermine fleet capacity adjustment? 113
Has the fleet policy delivered? 114
Is there an alternative to fleet policy? The case for rights]based management 115
Are RBM systems a panacea? 116
Notes 117
References 117
6 Structural policy 120
The structural policy: the oldest component of the CFP 120
The 43 years of structural policy 121
The first regulation in 1970 121
The second instrument in 1976 122
Structural policy and the birth of the CFP in 1983 122
The accession of Spain and Portugal and the new regulation in 1986 123
The first FIFG: 1994–1999 124
The second FIFG: 2000–2006 125
The European Fisheries Fund: 2007–2013 125
Implementation of the EFF 126
The new Regulation: EMFF 127
Has the structural policy resolved the structural problems of the CFP? 127
The evolution of the financial package 128
The results: a mixed picture 128
Processing industry 129
Ancillary industries and infrastructures 129
The development of aquaculture 130
The improvements in working conditions on board 130
Community]led local development 131
Contribution to the achievement of CFP objectives 131
Fisheries and subsidies 132
The fishing sector: a highly subsidised industry? 132
State aid 133
Indirect subsidies 134
The effects: subsidies and competitiveness 135
The ‘resource rent’ of the fishing sector in Europe 137
Is there a social dimension in the CFP? 137
The ‘invisible’ part of the CFP 137
Working as a fisherman in Europe 139
The social elements of the CFP 140
Notes 141
References 141
7 The external dimension 144
The last frontier of the CFP: external resources 144
The importance of the external sector 145
A stand]alone policy pillar? 145
The global governance of fisheries 146
The development of international fisheries law 146
Global governance 149
Soft law: FAO 149
Future prospects 150
The recognition of the Union as a world partner for fisheries governance 151
Multilateral management of fisheries 152
The Union in Regional Fisheries Management Organisations (RFMOs): the question of membership 152
The relationship between the CFP and global fisheries management 155
The contribution of RFMOs to the development of the CFP 156
What challenges for the RFMOs? 157
Are resources improving in RFMOs? 160
Other neighbouring relationships.
Coastal states of the Northeast Atlantic: the case of mackerel 161
Bilateral fisheries agreements 161
Mutual access agreements 162
Agreements with trade concessions 164
Agreements with financial compensation 164
Private partnerships 165
Fisheries and international conflict: the Greenland halibut war 167
Notes 168
References 168
8 The mediterranean specificity 170
The CFP in the Mediterranean 170
A CFP in and for the North Sea and Atlantic 170
The Importance of Mediterranean fisheries 171
The Mediterranean specificity: myth or reality? 171
The status of Mediterranean fisheries 172
A different policy approach 175
The jurisdictional regime of Mediterranean waters 175
Fisheries management under the CFP 178
The 1994 Regulation 178
The 2006 Regulation 179
Implementation and enforcement 180
Multilateral management in the Mediterranean 181
The case of GFCM 181
ICCAT: the case of Bluefin tuna 182
The Black Sea: the new challenge of the CFP 185
Notes 186
References 186
9 Enforcing the CFP 188
The control pillar of the CFP 188
Why enforcement matters 188
The question of competence 189
The historical development of
the control system of the CFP 189
1982: The first regulation 189
1987: The second regulation 190
1993: The third regulation 190
Further developments 191
The evaluation of the control policy 192
The difficulty of enforcing the CFP 193
The legislation 193
Member States’ control 194
The Commission’s role 195
The industry’s attitude 195
The issue of sanctions 196
Control as a key factor in the development of the CFP 196
A case story: control and effort management 197
Financing the control of the CFP 197
The new control regulation 198
Why a new instrument? 198
Regulation 1224/2009 199
Future perspectives 200
The international dimension of the control of fisheries 200
NAFO 201
NEAFC 202
Other cases 202
Control and the international ‘level playing field’: the IUU regulation 202
Control in a global context 202
The precedents 203
The IUU Regulation of 2010 204
Implementation 205
Possible future developments 206
Towards integration of the control of fisheries 207
European integration: EFCA 207
Sectorial integration: the opportunity of CISE 209
Policy integration – control and structural policy: conditionality 209
Notes 210
References 211
10 The scientific advice for the CFP 213
The CFP, a science]based policy 213
The sources of fisheries research to underpin the CFP 213
The sources of advice for the CFP 214
The basic data for science and advice 216
The processing of the data 217
The evolution of the scientific advice 218
From safe biological limits to maximum sustainable yield 218
From short to long term advice 219
Moving from single species advice 220
The case of ‘data poor’ stocks 221
The precautionary principle 223
The advice in the Mediterranean 223
Science and policy making: an often difficult relationship 224
Scientists and policy]makers: a different language 224
Science and political decisions 224
Fisheries science and enforcement 225
Science and industry: from mistrust to cooperation 226
The future scientific advice: new methodologies and new demands of the reformed CFP after 2013 226
Economic science in the CFP 227
Economic versus biological science in the CFP: closing the gap 227
The Annual Economic Reports 229
Economic analysis as a tool for fisheries management 229
Notes 230
References 230
11 Fisheries and the environment 232
Environmental performance of the CFP 232
The integration of environmental concerns in the CFP 232
What has been achieved 233
Fisheries and environment: a difficult relationship 234
Fisheries and the environment as complementary policies 234
Pelagic sharks 235
Whaling 235
Eels 236
Marine mammals 237
Seabirds 237
Environmental questions as drivers for fisheries decisions 238
Implementing environmental law through the CFP 239
Natura 2000 and the CFP 239
The ecosystem approach 241
Implementation in the CFP 241
Managing the ecosystem? 243
The Marine Strategy Framework Directive 244
The notion of ‘balanced harvest’ and the ecosystem approach 245
The ecosystem approach and maritime spatial planning 246
Notes 247
References 247
12 The stakeholders 250
The CFP and the ‘ivory tower’ effect 250
The Advisory Committee for Fisheries and Aquaculture 251
A historical background 251
The contribution of ACFA 252
Regional Advisory Councils 253
The precedents: regional workshops 253
The establishment of the RACs 254
The growth phase 254
RAC composition 255
Are RACs a success? 256
Non]governmental organisations 257
The precedents 257
From iconic species to mainstream fisheries 258
Widening the scope: from campaigners to formal stakeholders 258
Other consultations 259
Institutional consultations 259
Social dialogue 260
Consultations with the public at large 260
Note 260
References 260
13 The governance of the CFP 262
The CFP: a ‘central command’ policy? 262
The ‘micromanagement from Brussels’ 262
The ‘culture’ of the December Council 262
The psychology of decision making 263
Horse trading 264
‘Paper fish’ and governance 265
Allocating national quotas: a Member State prerogative 266
Improving decision making 266
Front loading 267
The effects of the Policy Statement 267
Streamlining TAC decisions 267
Enlargement and decision
making by Council 268
The CFP, a complex policy 268
The ever increasing complexity 269
The number of regulations 270
Duplication of management instruments 271
The number of Member States in Council 272
The Treaty of Lisbon and co]decision 272
Co-decision and simplification 272
Co-decision and societal interests 274
Council versus Parliament: Articles 43(2) and 43(3) 274
Co-decision and regionalisation 275
Non-legislative elements for decision making 275
Is co-management an option for the CFP? 276
Notes 277
References 277
14 Aquaculture 278
Is aquaculture part of the CFP? 278
A unique part of the CFP 278
Some facts and figures on aquaculture in the EU 278
The evolution of the EU policy in promoting aquaculture development 279
EU legislation and aquaculture 280
Aquaculture as part of the structural policy of the CFP 280
Aquaculture and environmental policy 280
Aquaculture and sanitary policy 282
Aquaculture and research policy 283
Alien species in aquaculture 283
Stakeholders 283
The aquaculture strategies 283
2002: The first strategy 284
2009: The second strategy 284
2013: The strategic guidelines 285
Aquaculture strategy and CFP reform 285
What future for European aquaculture? 286
European aquaculture: a unique mixture of strengths and weaknesses 286
The challenges 286
Notes 289
References 289
15 Reforming the CFP: 1992 and 2002 291
Reforming the CFP 291
The first reform: 1992 292
The context 292
The new basic regulation of 1992 293
Implementation of the first reform 293
The second reform: 2002 294
The context 294
Vessel construction 295
Long-term plans 296
Regional Advisory Councils 296
Other issues 297
What the 2002 reform missed: Maximum Sustainable Yield 298
The implementation of the 2002 reform 300
Note 301
References 301
16 The CFP reform of 2013 303
The context for reform and the Green Paper 303
The reform in 2012: the status quo is not an option 303
The Green Paper 303
The proposals 304
The impact assessment 304
The package 305
The discard ban 305
Why a discard ban? 305
Why a top]down approach? 306
The practical difficulties and the need for flexibility 308
Discard ban and TAC levels 309
Regionalisation 310
Regionalising the CFP: easier said than done 310
Regionalisation and national law: the need for delegated acts 310
Maximum sustainable yield 311
Accepting the principle 311
Is MSY a balanced objective? 311
MSY by when? 312
Which MSY: based on fishing mortality or biomass? 312
Why not Maximum Economic Yield? 313
MSY for mixed fisheries 314
Transferable fishing concessions and fleet policy 314
Why a system of transferable rights? 314
Why did TFCs fail? 315
The new fleet policy 316
Other issues in the basic regulation 317
The policy objectives 317
Long-term management plans 317
The composition of Advisory Councils 318
Integration of environmental concerns 318
Closed areas 319
Aquaculture 320
Control 320
Scientific advice and data collection 321
Small-scale fishing 321
Delegated and implementing acts 321
The external dimension 322
Contributing to long]term sustainability worldwide 322
The new market regulation 323
The new structural instrument: the European Maritime and Fisheries Fund (EMFF) 324
The proposal 325
The negotiation and the final regulation 326
Fleet measures 327
Aquaculture 329
Marketing 329
Outermost regions 330
Control and data collection 330
Processing industry 331
Social measures 331
Environmental measures 332
Other measures 333
Community-led local development 334
Integrated maritime policy 335
Conditionality 335
Investments by the Commission under direct management 336
The allocation of funds 337
Notes 339
References 339
17 What’s next? 341
Implementing the new CFP: a daily affair 341
Implementation of the MSY objectives 342
MSY in 2015 or 2020? 342
MSY proxies 342
MSY in multi-species fisheries 342
Implementing the discard ban 343
The necessary changes in current legislation: the ‘omnibus’ proposal 343
Improving selectivity: the next generation of technical measures 343
Preparing the future rules 344
The problem of ‘choke species’ 344
Facilitating the discard ban 345
Controlling the discard ban 346
Discard ban and conservation policy: a new paradigm 346
Regionalisation 347
Enhancing regional cooperation 348
Regionalisation versus harmonisation 348
The role of stakeholders 350
Long-term multi-species management plans 351
Planned versus bottom-up approach 351
What multi-species approach? 351
Scope of the plans 352
Other issues 353
Improving the scientific advice 353
Natura 2000 sites 354
Fishery Protected Areas: a lost opportunity? 354
The role of consumers 355
The future of management by fishing effort 355
The new CFP under co-decision 356
Co-decision and policy complexity 356
Adaptation of legislation 356
The role of the Commission 356
Will the new CFP prevent the ‘tragedy of the commons’? 357
Fisheries in a wider maritime context: integrated maritime policy 360
Blue growth 360
Maritime Spatial Planning 361
Marine knowledge 361
Some external challenges for the CFP 361
The effects of climate change 362
Possible increases in fuel prices 363
Possible changes in the ownership of the means of production 363
Possible changes in the world’s fisheries governance 364
Closing remarks 364
Notes 365
References 365
Glossary 367
Index 371
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