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REGULATING FISHERIES IN A MARKET CONTEXT

REGULATING FISHERIES IN A MARKET CONTEXT. OVERVIEW. Identifying the problems Regulatory strategies used / available Common Fisheries Policy in the EU Motivation Legal Base Treaty Secondary legislation Rules for fishing Role for science Reforms in sight.

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REGULATING FISHERIES IN A MARKET CONTEXT

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  1. REGULATING FISHERIES IN A MARKET CONTEXT

  2. OVERVIEW • Identifying the problems • Regulatorystrategiesused/available • Common Fisheries Policy in the EU • Motivation • Legal Base • Treaty • Secondarylegislation • Rules for fishing • Rolefor science • Reforms in sight

  3. IDENTIFYING THE PROBLEMS

  4. COMPLEXITY OF PROBLEMS • Overfishing • Tragedy of the commons • Many fishermen in open-access • Ideals of ‘freedom of the high seas’ • Costly and difficult to exclude individuals from source • Inability/failure to regulate • Failure of regulation • National • International (at least 22 international treaties)

  5. EFFECTS • 75 % of the world’s fisheries are exploited/depleted or surpassed their sustainable limits • Tuna, blue marlin, cod, swordfish have reduced by 90% in the past 50 years • ½ of all commercial stock is exploited • Catches are used at the maximum sustainable level

  6. BUT STILL, WHY? • Competinginterests • Fishing as lifestyle • NB only 1% GDP to the EU • Securinglivelihoods • Foodsecurity • Huge demand (Sovacool and Siman-Sovacool) • Technologicaldevelopment (extensive use) • Black market (pirates and criminal actions) • Market in living organisms (different from EU ETS) • Legal culture

  7. REGULATORY STRATEGIES AVAILABLE

  8. REGULATORY FORMS Supplyside: • Flags ofconvenience (FOC) • Vesselmonitoring system • Total allowablecatch limits (eg. New Zealand, require a permit, only national operators, all rightsabove the permitarecompensated) Demandside: • Imposing tariffs • Making it moreexpensivetofish, makingfishmoreexpensive • Public education • Changing diet (i.e. Less fish) • Voluntaryconsumerboycott (seeSagoff) • Public participation (Richardson) • eco-labelling

  9. COMMON FISHERIES POLICY

  10. LEGAL BASE • Art 38(1) TFEU: • ‘The Union shall define and implement a common agriculture and fisheries policy’ • ‘The internal market shall extend to agriculture and fisheries’. • ‘References to the common agriculture policy…shall be understood as also referring to fisheries’

  11. GENERAL GOALS • Art 39 TFEU • Increase productivity • Fair standard of living for the agricultural community, ‘in particular by increasing the individual earnings’ • To stabilise markets • Ensure availability of resources • Ensure that supplies reach consumers at reasonable prices

  12. LEGAL BASE • Art 40 TFEU • Common rules on competition • Coordination of national market organisations • A European market organisation • Art 38 TFEU – ordinary legislative procedure • Art 43(3): ‘The Council shall adopt measures on fixing prices, levies, aid and quantitative limitations and on the fixing and allocation of fishing opportunities’ • Art 3(i)(d) TFEU – exclusive competence

  13. SECONDARY LEGISLATION: GOING BACK IN HISTORY • 1976 – DG fisheries • Reg 170/83 • Reg 3760/92 • Reg 2371/2002

  14. REG 2371/2002 • SCOPE • Art 1(1) • management and exploitation of living aquatic resources, aquaculture, and the processing and marketing of fishery and aquaculture products where such activities are practised on the territory of Member States or in Community waters or by Community fishing vessels

  15. EU LAW AND INTERNATIONAL WATERS • Fisheries Partnership Agreements • Country (Cape Verde), Expiry date (31.8.2014), Type (Tuna), EU contribution per year (445 000€), Earmarked for fisheries policy development (110 000 €) • Northern Agreements

  16. REG 2371/2002 • ART 2 (AIM) • (1): ‘ensure exploitation of living aquatic resources that provides sustainable economic, environmental and social conditions.’ • ‘the Community shall apply the precautionary approachin taking measures designed to protect and conserve living aquatic resources • ‘aim to contribute to efficient fishing activities within an economically viable and competitive fisheries and aquaculture industry, providing a fair standard of living for those who depend on fishing activities and taking into account the interests of consumers.’

  17. KEY RULES FOR FISHING • Fishing Effort • Quotas/Total Allowable Catches • Technical measures

  18. FISHING EFFORT • Art 3(h) • Fishing capacity X activity

  19. TOTAL ALLOWABLE CATCHES (TAC)

  20. EFFECT OF TAC • Discard • http://www.youtube.com/watch?v=L2fZcmjbqpA

  21. TECHNICAL MEASURES • Multi annual-Plans: • ‘Maximum sustainable yield’ • How and Where: • minimum landing sizes • minimum mesh sizes for nets • closed areas and seasons limits • measures to prevent damage to the marine environment

  22. ROLE OF SCIENCE • Advisors to the Commission: • The Scientific Technical and Economic Committee for Fisheries • The International Council for the Exploration of the SEA

  23. EVALUATION • Economic v environmental • An imperative of economic exploitation • Science v fishing industry +80% of EU’s fish stocks has been overfished (2009)

  24. REFORMING THE COMMON FISHERIES POLICY: IN MOTION http://www.youtube.com/watch?v=3-JTm84pMdw

  25. REFORMS

  26. REFORMS AHEAD • On 13 July 2011, the European Commission presenteditsproposals for the reform of the EU common fisheriespolicy • 10 december 2013, agreementreached: • CommissionerDamanakisaid: • “Today'svote by the EuropeanParliamentmeansthatwenowhave a policy whichwillradicallychangeourfisheries and willpave the way for a sustainablefuture for ourfishermen and ourresources. I amverygratefultobothParliament and Council for theircommitment, vision and overall support for the Commission'sproposalswhichmeanwecannowreturntosustainablefishing in the short term and put an end towastefulpractices. The new CFP is a driver for what is mostneeded in today'sEurope: a returntogrowth and jobs for ourcoastalcommunities.

  27. MOTIVATION BEHIND REFORMS • Vesselsarecatchingmorefishthancan be safelyreproduced • The fishingindustry is experiencingsmallercatches and facing an uncertainfuture. • ’Sustainabilityis at the heartof the proposed reform.’ : Fishingsustainablymeansfishingat levelsthat do not endanger the reproductionof stocks and thatprovidehigh long-term yields. Thisrequiresmanaging the volumeoffish taken outof the seathroughfishing. • The Commission proposesthat by 2015, stocks must be exploited at sustainablelevels, defined as the highestcatchthatcan be safely taken yearafteryear and whichmaintains the fish population size at maximum productivity. Thislevel is known as the ‘maximum sustainableyield’ (MSY). • Estimates show that if stocks wereexploited in this way, stock sizeswouldincrease by about 70%and the gross value-added for the catchingindustrywouldrise by almost 90%, equal to € 2.7 billion • Fishingsustainablywouldalsofree the catchingsector from depending on public support.

  28. REFORMS IN SIGHT • Reduction of nr of vessels/making fishing profitable • Support small-scale fisheries • Create maximum sustainable yield • Through multi annual plans (long-term planning) • Banning (gradually) discards • Transferable catch • Reliance on science • Develop aqua culture • Decentralisation • Focus on consumer awareness • ‘how do you choose?’ (http://ec.europa.eu/fisheries/documentation/publications/how_do_you_choose_en.pdf)

  29. MOTIVATION • ’The overall objectiveof the Commission'sproposals for a modern and simpler(CFP) is to make fishingsustainable - environmentally, economically and socially’ • Applied as off 1 January 2014

  30. ASSIGNMENT

  31. WRITTEN ASSIGNMENT • 5000 words max • SendtoThérese Nyholm (therese.nyholm@jur.lu.se) by 17 January 2014 • Identify and answer the question • Fullyreferenced • Well-structured: introduction, body and conclusion

  32. Choose oneof the followingquestionsto answer • ‘The clash between environmental protection and trade is a myth.’ Discuss in light of EU environmental law • Ought we to applaud or reject the use of markets in environmental law? Why? • ‘Environmental law is chiefly about market regulation.’ Discuss in light of EU environmental law

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