WP 10

1. WP 10 Legal Aspects

2. The team EU Gerd Winter Marion Markowski Till Markus Namibia Manfred Hinz Mavetja Rukoro Brasil Mauro Figueiredo Indonesia ??

3. Coopted • Kenya • Nyawira Muthiga • Nicaragua • Joseph Ryan

4. Structure of Deliverables Contribution to legal data base (D 10.1 Coastal zone management (D 10.2, 3, 4, 5, 6, 7., 7.2) EEZ management (D 10.3, D 10.7.3) Structural policy (D 10.7.4) North/South access, benefit sharing, trade (D 10.8)

5. Deliverables D 10.1 Contribution to data base on ratifications and legislation (June 06) D10.2 Brasil: focus on participatory approach to MPA management(Sept. 06) D10.4 Nicaragua: focus on communal approaches outside MPA with local property rights (Sept. 06) D10.5 Kenia: focus on communal approaches outside MPA and without property rights (Sept. 06) D10.6 Indonesia: focus ??(13) D10.7.1 EU: focus on coastal fishery (Sept. 06) D 10.7.2: comparison of management tools in the coastal zone (Sept. 06)

6. Deliverables cont´d D10.3 Namibia: focus on TACand EEZ(May 07) D 10.7.3 EU: focus on TAC and EEZ (May 07) D 10.7.4 EU: focus on reorientation of structural policy (Sept. 07) D10.8 “North/South” access to resources and benefit sharing (Sept. 07) D 10.9 Overall synthesis; recommendations (March 08)

7. D 10.1 Contribution to data base on ratifications and legislation (June 06) • D10.2 Brasil: focus on participatory approach to MPA management(Sept. 06) • D10.4 Nicaragua: focus on communal approaches outside MPA with local property rights (Sept. 06) • D10.5 Kenia: focus on communal approaches outside MPA and without property rights (Sept. 06) • D10.6 Indonesia: focus ??(13) • D10.7.1 EU: focus on coastal fishery (Sept. 06) • D 10.7.2: comparison of management in the coastal zone (Sept. 06)

8. Challenge: earth system analysis Global ressource, but multitude of levels, locations and instruments of governance To learn from experiences with levels, locations and instruments To transfer knowledge among states and between levels of governance To find optimal governance levels, locations and instruments ensuring sustainable use of the resource

10. Tension Exploitation/Management Management Exploitation

11. The 4 P´sProtection (by law): >protected zones >catch quota >fishing rulesversusPull: >high demandPush: >local and industrial fisheriesPromotion (by law): >structural policy >sales and price guarantee

13. 2 Strategies of the Law • Allocation of property rights in resources (sovereign rights, dominium) • Regulation of exploitation (jurisdiction, imperium) • Regimes differing in the coastal zone, EEZ, continental shelf, and high seas

14. Sources of Law Related to Fisheries International Law Non-Binding FAO Code of Conduct Agenda 21 Binding UNCLOS 1982 1995 Straddling Stocks e.g. North East Atlantic Fisheries Convention Regional Law (e.g. EC) EC pooling national sovereignty Member of international treaties Law of National States National fisheries laws Members of international treaties

15. Legal approaches to sustainable fisheries Matching pressure on and protection of fish resources within national systems Matching North/South interests with a view to sustainability of fishing

16. Matching pressure and protection Data base on ratifications and legislation Country studies Brasil, Nicaragua, Kenya, Namibia, Indonesia, EU Comparison, synthesis and recommendations

17. Matching North/South interests Study on international agreements, private law contracts, national foreign trade and investment legislation Evaluation and recommendations

18. Details on deliberables

19. D.10.1Data base on ratifications and legislation Draw on existing data bases (fishbase, IUCN, FAO, Ocean Law, etc.) Develop legal indicators Apply indicators to selected countries Explore correlations between legislation data and fish data (?)

20. D. 10.2,3,4,5: Country studies > Common list of topics > Geographical, political, legal particularities

21. Common list of topics • Overview of the environmental & socio-economic conditions • Report on the legal regimes governing fisheries - International co-operations and agreements - Promotion - Management - Self Regulation • Empirical information on implementation & compliance • Conclusions & Recommendations

22. EU common fisheries policy To be studied as an example for how to reduce promotional policies in order to facilitate management how to improve management tools TAC MPA Enforcement

23. Brasil In depth case study on management plan in a MPA based on participation of stakeholders

24. Nicaragua • Coastal fishing management based on communal property rights, outside MPA

25. Kenia • Coastal fishing management without communal property rights, outside MPA

26. Namibia Indepth case study on TAC and trading in TAC quota Joint ventures

27. D 10.6 North/South dimension Access and benefit sharing;joint ventures (international agreements, private law contracts, foreign investment law) 2. Fish trade flowing from South to North (foreign trade law, selfregulation)

28. Synergy with other WPs WP 1: Legal data base? WP 2: Optimal baselines? WP 3, 4, 7: Biomapping and modelling reliable information for decision making? „Simple indicators“ as an alternative WP 5: Knowledge on effectiveness of management instruments in MPAs WP 6, 8: Human dimension and economic valuation to be integrated into cost/benefit analyses for decsions on allowable catch

29. Draft Outline for National Reports (EC, Brasil, Argentina, Namibia, Indonesia) • I. Environmental and socio-economic background • 1.State of the relevant fisheries resources, • 2.Overview of multiple demands on the coastal zone and the socio-economic relevance of the fisheries • 3. Perception/non-perception of basic fisheries issues (e.g. political debate and public awareness with respect to the state of the fishing industry,overfishing, exploitation of adjacent seas by foreign fleets, implementation and coherence of fisheries policies etc.).

30. II. The legal regimes governing fisheries Global and regional international legal instruments affecting the country concerned (the EU, respectively), including participation in Regional Fisheries Bodies, Guiding principles in the relevant national fisheries regime, Institutional/organisational structures (e.g. distribution of competences, participation, decentralisation, transparency, top-down/bottom-up approach), 4. Instruments promoting fisheries a) structural policies (e.g. subsidies, funding new and the modernisation of vessels, adaptation of the fleet to the resources available for fishing, inter alia through the scrapping of vessels, aids for local cooperatives, funding of fisheries in less developed regions, downstream (indirect) promotion, such as subsidies for building ports or promotion of processing and marketing sectors), b) market organisation (e.g. price guarantees and stabilization of prices), an c) coherence with pertinent international agreements

31. . Instruments managing fisheries • a) access and catch restrictions, technical measures under national law (e.g. licensing systems, rights-based management systems, restrictions on numbers, sizes etc. of vessels, TACs and TAQs, taxation, fishing gear, protected areas, stakeholder involvement, aspects of integration of multiple demands on coastal zones) • b) MPAs • c) Impact of and coherence with pertinent international agreements and organisations • 6. The national management system as applied in relation to the unsustainable impact of the “North” • a) Fishing by EC/North American/Japanese fleets • b) Purchase of fish by EC/North American/Japanese food companies

32. III. Empirical information on implementation and compliance • 1. information on promotion (e.g. who actually receives how much money?, how do subsidies affect the fishing industry, trade, local communities, TACs, fish stocks and the environment?, fleet statistics etc.), • 2. information on management (e.g. monitoring and surveillance of catches, landings, gear, IUU fishing) • 3. analysis of the divergence between ‘law in the books & law in action’. • IV.Conclusions • 1. Coherence of the national legal regime governing fisheries (e.g. with respect to promotion versus management policies) • Conclusions on basic fisheries problems as identified under I. 3 • Impact of attitudes of consumers and food industry (e.g. labelling, industrial quality standards, possible chances of consumer awareness) 4. Reform perspectives

33. D 10.6 Access to resources and benefit sharing between the EU and Southern countries Part 1 EU fishing in distant areas A. Problem sketch • History and development of EU fishing activities in ”the South”: • A shift of exploitation pressure to Southern seas?

34. B. The legal framework for fisheries agreementsI. Allocation of resources and conservation duties in international lawII. Provisions for access to resources and benefit sharing in international treatiesIII. EU competence for the conclusion of fisheries agreements with third countries

35. C. Fisheries Agreements and EC lawI. International agreements and private law contracts providing for access to resources and benefit sharing between the EU and third countries1. Agreements with financial compensation2. ‚Second generation’ agreements3. ‘Fisheries Partnership Agreements’, introduced in the course of the CFP Reform 2002, COM(2002)6374. Private law contractsII. Corresponding EC law

36. D. Effects of fisheries agreementsI. Implementation and compliance II. Socio-economic and ecological impact Focus: Shift of exploitation pressure towards ”the South” III. Assessment1. Coherence with other EU policies2. Coherence with European participation in pertinent international treaties and soft law instruments3. Implications to state sovereignty

37. Part 2 Northern fish imports – a new shift of the problem?A. Problem sketch Development of fish trade: Flows from less-developed to more-developed countriesB. The legal framework for fish tradeI. Relevant international rules on trade1. WTO rules2. CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora)II. EU External TradeIII. Trade preferences in the 5th ACP-EC Agreement of 2000 (Cotonu-Agreement)