‘Whose science?’ Precaution and power-play in European marine environmental decision-making

This paper explores the science–policy interface in environmental decision-making in the European Community as it moves towards its stated aims of implementing a precautionary and ecosystem-based approach to marine environmental management. Whilst recent EC case law has clarified some questions of Member State responsibilities under international environmental obligations, recent case studies at the crossing point between marine nature conservation and fisheries management in EC waters raise questions about the role of science in policy-making in Brussels. This has important implications for the developing EC Integrated Maritime Policy and Marine Strategy Framework Directive, and the concept of Maritime Spatial Planning as a whole. A new paradigm for bridging the science–policy gap is required in light of the developing legislative framework and given the complex nature of the marine environment.     

Natura 2000 and the European Common Fisheries Policy

The implementation of the Natura 2000 network of marine protected areas under the European Habitats Directive (92/43/EEC) has far-reaching implications for fisheries. To date, no consistent approaches have been established to develop fisheries management measures in Natura 2000 areas, and no European member state has proposed any fisheries measures to the European Commission for consideration under the Common Fisheries Policy. Four key issues are identified in the relationship between fisheries and Natura 2000, and the possible role that the future Common Fisheries Policy could have in this context is discussed. There is a need (1) for a consistent framework to integrate scientific advice, stakeholder participation and management in the management process; (2) for a common methodology to prioritize conservation objectives, in particular for transboundary protected areas; (3) for a consistent framework to assess and evaluate fisheries impacts to define management measures; and (4) to define spatial properties for fisheries. The results from the projects EMPAS (Germany), FIMPAS (the Netherlands), and INDEMARES (Spain) and the Dogger Bank case are discussed.     

International,regional and national commitments meet local implementation: A case study of marine conservation in Northern Ireland

It is increasingly accepted that humanity’s unsustainable use of the marine environment is causing the degradation of the very marine ecosystems it relies upon. This awareness had led to the generation of a significant number of international agreements and conventions aimed at improving marine management and conserving marine ecosystems. In the European Union, this has resulted in the evolution of an extensive array of environmental legislation and policy. In addition, the United Kingdom and its devolved regions have been developing their own policies and legislative tools to advance marine conservation and management. Party to all of these tiers of governance, Northern Ireland has made numerous international, regional and national commitments to protecting and restoring marine ecosystems. Here those commitments are explored in terms of the local political, administrative and governance reality in Northern Ireland. A complex governance structure and lack of interdepartmental co-operation is shown to severely hinder Northern Ireland’s ability to meet stated commitments. Underfunding and lack of political will also seriously hamper conservation efforts. Findings indicate that the integration of all marine management functions into a single marine management organisation would greatly facilitate Northern Ireland’s progress and that the development of an ecologically coherent network of marine protected areas would go a long way towards fulfilling its conservation commitments. This case study demonstrates some of the hurdles small nations face in meeting their responsibilities under regional and international agreements and highlights the gap between a nations conservation commitments and its successful implementation of policy to fulfil them.     

Co-management in Japanese coastal fisheries: institutional features and transaction costs

This paper presents the institutional history and features of Japanese coastal fishery management, including the past decade's major legislative developments. In Japan, local resource users have been the principal decision makers in fishery resource management. Under the current Fishery Law, resource conservation is an integral part of resource use. Coordination of fisheries’ issues, such as rights/license distribution and local regulations, is achieved by multilevel coordinating organizations. Government and/or research institutes provide support with planning, scientific advice, etc. A brief analysis of Kanagawa Prefecture suggests that the fisheries transaction costs, especially the monitoring, enforcement and compliance costs, are remarkably low.     

Flexible management of fishing rights and a sustainable fisheries industry in Europe

Although overexploitation of commercial fish stocks in European waters has been in the public debate now for more than 20 years, the European Union has so far failed to implement sustainable fisheries management. Millions in subsidies paid to the fishing industry have led to significant excess capacity in the fishing fleet. Various feeble attempts to stop overexploitation of marine resources have failed. The cause is that fishing policy is highly dominated by short-term socioeconomic interests. There is an urgent need for a new fisheries management system in Europe that supports reductions in the fishing fleet, increases responsibility among fishers and guarantees long-term conservation of natural marine resources.Transferable rights to fish have proved a reliable and effective means of creating incentives to conserve marine resources. By strengthening individual fishing rights under flexible quota management systems, the EU Member States could, within the Common Fisheries Policy, make a significant contribution to conserving fish stocks, to reducing excess capacity and to raising the profitability of the fisheries industry. A closer look at existing reservations against a flexible management system shows most of the objections to be overstated or capable of resolution.     

Integrated management of marine biodiversity in Europe: Perspectives from ICZM and the evolving EU Maritime Policy framework

Biological diversity, or biodiversity, is high on the international agenda for nature conservation. Marine and coastal ecosystems account for an important share of the biological diversity on Earth. As a consequence many international conventions, European legislation and national laws refer to marine biodiversity. The protection of marine biodiversity is a complex legal issue as it requires consideration of geographic (between land and sea), political (between conservation and exploitation), and economic (between fisheries, tourism, intellectual property and many other sectors) factors. Like Matryoshka dolls, marine biodiversity is a heterogeneous notion difficult to address as one discrete area in the development of policy agendas or juridical frameworks. In the past decade, the EU has been very active in Promoting Integrated Coastal Zone Management and in developing a framework for an Integrated Maritime Policy. This article reviews the status of marine biodiversity in the policy and legal initiatives of the European Union, a challenging issue to both the objectives of conservation and to the concept of integration.     

Sustainable use of renewable resources and conservation in the Red Sea and Gulf of Aden: issues,needs and strategic actions

The coastal and marine environments and resources of the Red Sea and Gulf of Aden are globally significant and generally in a healthy state. Current regional issues include localized destruction of coral reefs, seagrass and mangroves; declines in some fisheries; exploitation of some endangered species; pollution from the development and transport of petroleum; and disposal of industrial and municipal wastes. The underlying causes of these issues are the natural vulnerability of the Red Sea due to its semi-enclosed nature; economic reliance on the petroleum industry; significant navigation risks; a rapidly increasing coastal population and associated developments; lack of fisheries information, surveillance and management; poor coastal zone planning; and limited technical expertise. Strategic actions addressing these issues will need to be implemented regionally and focus on coastal zone management that integrates environmental planning, environmental assessment and review; training and institutional development; public awareness and participation; information gathering especially fisheries statistics; reducing navigation risks; and the development of resource management and conservation strategies.     

The emerging policy landscape for marine spatial planning in Europe

This paper provides an overview of the emerging policy landscape for marine spatial planning in the European Union, which consists of four main categories of policy drivers: environmental legislation, legislation on marine renewable energy, fisheries regulations and the Integrated Maritime Policy. The weak links between these categories of policy drivers, underpinned by a lack of clarity regarding the vision for sustainability, pose major challenges for the emergence of ecosystem-based and integrated marine spatial planning in Europe. In addition, there is still uncertainty arising from on-going reform of the Common Fisheries Policy, and discussions on the need for a new marine spatial planning directive. This paper concludes with the view that better integration of environmental concerns into the Common Fisheries Policy is needed to strengthen the link between environmental legislation and fisheries regulations, and that the existing policy landscape, particularly the Marine Strategic Framework Directive, already provides a legal framework for ecosystem-based marine spatial planning. Such a framework is consistent with the recognition that ecosystem conservation underpins other pillars of sustainable development and provides the foundation for cross-sectoral marine planning and management.     

Learning from the systematic approach to aquaculture zoning in South Australia: A case study of aquaculture (Zones – Lower Eyre Peninsula) Policy 2013

South Australia is among the regions internationally, where there are currently strong drivers for anthropogenic and ecosystem marine planning decisions. Specifically, South Australia, in both State and adjacent Commonwealth Waters, is currently accommodating increasing interests such as oil exploration by multi-national companies in the Great Australian Bight, implementation of recently declared State Marine Parks, an increased public awareness of marine developments, commissioning of a desalinisation plant, government-focused marine science initiatives, long-standing commercial fisheries, a transparent legislative and political stage, and a relatively new aquaculture industry. Amongst this growing diversity in marine-based activities, a dedicated aquaculture legislative framework was created in South Australia with the commencement of the Aquaculture Act 2001 (the Act) to centralise the legislative processes required to underpin aquaculture regulation and administration. This centralisation has helped to create an effective platform to streamline administrative processes, reduce duplication between various government agencies such as planning authorities and environment protection agencies, and ultimately fostered investment in, and growth of, the South Australian aquaculture industry. As such Aquaculture zone policies are a key strategic management tool for sustainable aquaculture development in South Australia into the future. This paper provides a case study (Aquaculture (Zones – Lower Eyre Peninsula) Policy 2013) of the legislated regional marine planning framework for aquaculture development used in South Australia, with a focus on the key functions and processes that may have broader applications.     

Collaborative fisheries management in the Northeast US: Emerging initiatives and future directions

The nature of participation by fishing organizations in fisheries management in the Northeast US is changing. Evidence of this is the number of groups that are actively seeking opportunities for group governance of marine resources. This article explores emerging collaborative or co-management arrangements in this region (a process whereby decision-making is shared between federal/council level and fishery stakeholder groups) and the shift towards an ecosystem-based approach to the management of marine fisheries.This research suggests that it is an opportune time for the development of a regional policy in the Northeast that provides an enabling environment in support of decentralized governance of federally managed marine fisheries. It also suggests that these initiatives can play a key role in operationalizing ecosystem-based management.     

Economic dimension of the collapse of the ‘false cod’ Epinephelus aeneus in a context of ineffective management of the small-scale fisheries in Senegal

Small-scale fisheries are often seen as a solution for ensuring sustainability in marine exploitation. They are viewed as a suitable alternative to industrial fisheries, particularly when considering their social and economic importance in developing countries. Here, we show that the booming small-scale fishery sector in Senegal, in the context of increasing foreign demand, has induced the collapse of one of the most emblematic West African marine fish species, a large grouper Epinephelus aeneus, historically called ‘false cod’ by European fishers. The overexploitation of this species appears to be on account of the increasing effort sustained by a growing international demand and important subsidies, which resulted in a relative stability of the average economic yield per fishing trip and an incentive for continuing targeting this species to almost extinction. It is a critical time for addressing and mitigating the pressure of the small-scale fisheries to prevent declines of fish species that are highly valued by northern markets. A balance between conservation and exploitation is necessary to maintain ecological viability while considering the socio-economic importance of the small-scale fisheries. However, a new strategy is needed for conservation that will consider and articulate simultaneously the concerns regarding unmanaged and growing small-scale fisheries, rampant subsidies and increasing foreign demand.     

Dialectics of nature: The emergence of policy on the management of commercial fisheries in english European Marine Sites

European Marine Sites (EMS), designated under either the Habitats or Birds Directives, protect the biodiversity of the European Union (EU) and contribute to the implementation of the 1992 UN Convention on Biological Diversity [1]. The introduction of this form of marine protected area (MPA), as a consequence of EU conservation directives, introduced new legal obligations in waters long exploited by inshore fishing communities. Although the Habitats and Birds Directive have been in place since 1992 and 1979 respectively (the 1979 Directive updated in 2009), it has not been until more recently (2014) that ongoing inshore fisheries activities in England, which predate designation of sites, have been systematically assessed and managed, for their impact in protected sites. In practice it was assumed by many MPA practitioners that at the time of designation of EMS, ongoing activities would be compatible with the conservation objectives of these sites. This paper illustrates the introduction of a general and systematic “revised approach” to managing fisheries in all English EMSs, and how this represented a change in government policy which can be traced directly to a legal campaign between 2008 and 2012 by two UK environmental Non-Governmental Organisations (eNGOs). The paper elucidates this iterative marine policy process analysing the dialogue between government bodies and eNGOs and show how the resulting interpretation of conservation law, has sought to resolve the tensions between the precautionary approach as emphasised by the eNGOs and the Government's desire for proportionality of response.     

区域渔业管理组织对脆弱海洋生态系统的保护浅析

21世纪以来底拖网渔业的快速发展给脆弱海洋生态系统（VME）带来极大威胁,导致公海深海渔业发展不可持续以及海洋生物多样性降低。为更好地实现养护海洋渔业资源和保护海洋生物多样性的目标,同时为我国在保护VME以及管理公海深海渔业方面提供参考,文章分析八大区域渔业管理组织（RFMO）针对VME保护采取的系列措施及其保护VME的可行性,针对存在的问题提出对策建议,并对我国在RFMO中保护VME进行展望。研究结果表明：《公海深海渔业管理国际准则》在RFMO保护VME的实践中发挥重要的指导作用;RFMO采取的措施限制深海渔业活动,但为保护VME和养护海洋渔业资源提供重要基础和保障;未来RFMO应加强信息共享和技术合作,发展VME分布预测技术,同时在保护海洋生物多样性方面积极开展双边和多边合作;我国应进一步研究和实践基于生态系统的渔业管理方法,平衡保护与开发利用的关系,积极参与国际渔业管理和VME保护并促进合作,加强南极海域海洋保护区综合治理。     

Adaptive governance and the human dimensions of marine mammal management: Implications for policy in a changing North

As climate change has driven dramatic changes in Northern sea ice regimes, marine mammals have gained iconic status around the world reflecting the perils of global warming. There is a tension between policies that have international support like a ban on seal hunting or whaling, and the adoption of adaptive, flexible rules that are likely to work in Northern places. Whereas most wildlife policy focuses on biological information to inform policy strategy, this analysis focuses on the “human dimensions” of Northern marine mammal management. This research examines ways in which human relationships and modes of governance affect conservation success. Standard analyses of risk to animal populations focused on direct sources of take are inadequate to address multi-causal, complex problems such as climate-induced habitat loss or increased industrialization of the Arctic Ocean. Early conservation policy strategies focusing on the moratorium of take have eliminated or reduced such practices as commercialized hunting and high levels of fisheries bycatch, but may be less relevant in an era in which habitats and climate changes are key drivers of population dynamics. This paper argues that effective adaptive policy requires new ways of learning about and governing human interactions with marine mammals. Through an exploration of marine mammal management in three Northern regions (Alaska, Nunavut, and the Finnish Baltic Sea coast), the paper analyzes the extent to which these marine mammal management regimes are practicing adaptive governance, that is, building cross-scale (local to international) understanding while allowing actors at the local scale the flexibility to direct the creation of rules that are ecologically robust and likely to succeed. Lessons are taken from these examples and used to propose selected policy and research recommendations for the marine mammal policy community.     

Why management decisions involving marine mammals should include animal welfare

This paper argues the need for consideration of both animal welfare and conservation when making management decisions regarding human activities that affect marine mammals. Population level effects may take a long time to be determined, whereas animal welfare metrics can be observed in the short term, enabling problems to be addressed more rapidly. In addition, implementing current legislation in many countries related to the management of impacts on marine mammals requires animal welfare to be taken into account. Such legislation reflects societal values and public concern for individual animals. Two case studies are discussed. These are: management measures related to incidental killing in commercial fisheries, and injury or disturbance from intense sources of underwater noise from seismic surveys. Both of these threats have welfare and conservation implications for marine mammals. An increased focus on welfare would better reflect societal values including requirements under various legal regimes and could also enable more targeted and effective conservation actions.     

Sustaining small-scale fisheries with periodically harvested marine reserves

Spatial marine closures are widely employed and advocated for marine resource management and conservation. Temporal, non-permanent, rotational or periodically harvested area closures have been employed across the Indo-Pacific for centuries and are a common measure within contemporary community-based and co-management frameworks. Although prior evidence suggests that periodic closures may confer fisheries benefits for some taxa or in certain conditions, there is little evidence that they are equally effective for the sustainable management of the many types of small-scale fisheries important in the Indo-Pacific. Case studies of periodic closures are reviewed to highlight the variations in target species, harvesting periodicity and fishing pressure that will influence the fisheries management effectiveness of this tool. Fisheries management benefits are observed for short-lived, fast-growing taxa or for a range of taxa in low fishing pressure situations. Stocks declines are observed for long-lived taxa or for a range of taxa if harvesting is intense. It is argued that community-based and co-management policy and action must better account for these factors when promoting and implementing periodic closures for medium- to long-term fisheries management or conservation goals.     

EU marine policy on the move: The tension between fisheries and maritime policy

In the past decade, the European Commission has developed the Marine Strategy Directive and the Maritime Policy. Both policies aim at governing the marine environment; yet the two policies have a differing signature in policy formulation and implementation. From a fisher's perspective these policies present a change in institutional setting; major policy measures no longer descend from the EU Common Fisheries Policy alone, but increasingly are derived from general environmental policy developments. In this paper, the policy arrangement approach is used to analyse the differences between the two maritime policies, and the way in which they can affect fisheries management.     

Marine management for human development: A review of two decades of scholarly evidence

This paper reviews the evidence of the impacts of marine management interventions on human development and well-being reported in marine management literature in the past two decades. Documents dealing with fisheries, aquaculture, marine conservation and coastal zone management are assessed in terms of the methodologies used, the human development dimensions considered, and the results reported. The choice of dimensions for defining human development in this literature is contrasted with proposals from the literature on the capability and human development approaches. Possible areas for future research are discussed.     

A preliminary assessment of threats to arctic marine mammals and their conservation in the coming decades

Over the next several decades, arctic marine mammals will face threats from six areas of human influence: climate change, environmental contaminants, offshore oil and gas activities, shipping, hunting, and commercial fisheries. This paper reviews these factors, the nature and magnitude of the threats they pose, current scientific understanding and management of those threats, and the potential for effective conservation action. Climate change, offshore oil and gas activities, and commercial fisheries likely pose the greatest threats. Addressing the combined effects of all six factors, however, will be particularly difficult but essential to prevent declines beyond those that have already occurred.     

New implementing agreement under UNCLOS: A threat or an opportunity for fisheries governance?

The purpose of this paper is to analyse the relationship of the proposed new UNCLOS Implementing Agreement concerning the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction with the current legal framework concerning fisheries. It elaborates on selected elements that are under negotiations, namely: marine genetic resources, area-based management tools, including marine protected areas, as well as environmental impact assessments. Each of those elements is analyzed with particular emphasis being laid on the following issues. Firstly, how the current legal status quo in the relevant area looks like. Secondly, how the question of fisheries could be included in a future treaty and, thirdly, what bearing it could have on the current framework of the management of fisheries.The article concludes with the identification of possible fields where the new treaty could bring added value. However, some possible challenges are mentioned as well. They relate in particular to the fact that the mandate of negotiations underscores that they shall not ‘undermine existing legal instruments and frameworks and relevant global, regional and sectoral bodies’.