Distribution of the burden of fisheries regulations in Europe: The north/south divide

The Common Fisheries Policy (CFP) is a priority area of the European Union's Better Regulation agenda. Understanding the spatial variation in the application of the policy and the reasons behind these differences would provide insights into policy making in different socioeconomic and cultural settings that will assist in better regulation. The CFP aqcuis (the body of European Union law accumulated thus far) was analysed by creating a database composed of pre-defined elements from each obligation. Distinct differences are apparent in the ‘burden’ imposed by regulations in the Northern and Southern waters. However, a combination of a timeline of fish landings and the accumulation of the CFP regulations shows that despite the increase in the number of regulations this has not led to the anticipated reduction in landings. Historical, biological and geopolitical differences between the two major marine regions of the EU are discussed in terms of the impact they have had on the formation of the different fisheries management models in the different regions. Finally, the elements forming these models are discussed in terms of successes and failures in the context of the 2012 CFP reform.     

Review of participatory fisheries management arrangements in the European Union

Promoting and attaining sustainable use of resources through community participation is a central tenet of the European Union's (EU) 2013 Reform of the Common Fisheries Policy. A systematic review approach was used to identify participatory fisheries management arrangements within the EU. Following this, the participatory arrangements were categorized based on the nature of the decision-making arrangement, influence and empowerment of the fishing industry. The study identified 40 management arrangements distributed through 8 member states, with a variety of fisheries and institutional settings for participation in fisheries management in the EU. The majority of the partnerships identified are “Functional participation”, i.e., the participatory arrangement is based in pre-determined goals encouraged by higher decision-making levels in order to increase efficiency of management decisions. Interactive partnership was the highest level of participation identified in the systematic review, and is usually more conducive with local arrangements in coastal and small-scale fisheries targeting low mobility species.     

Venue shifts and policy change in EU fisheries policy

Over the past two decades profound changes have taken place in the European Union's (EU) fisheries policy. Partly these changes have occurred within the EU's Common Fisheries Policy itself, but partly policy change has been effected by the application of environmental legislation and policy instruments to fisheries issues. This article argues that the process of policy change in EU fisheries policy can best be understood in terms of the interaction of policy images and policy venues that is at the core of the punctuated equilibrium theory of policy-making. As a result of the rise of a biodiversity perspective on fisheries issues, environmental policy-makers have become active in fisheries issues, which has led to profound changes in both the content of fisheries policies and the institutional organisation around this issue area.     

Towards sustainable fisheries subsidies: Entering a new round of reform under the Common Fisheries Policy

On 22 April 2009 the European Commission published its ‘Green Paper on the Reform of the Common Fisheries Policy’. The Green Paper points out a contradiction in policy, noting on one hand that public financial support to the Community's fisheries sector is substantial, but on the other hand such support is often incompatible with other Common Fisheries Policy (CFP) objectives, particularly the need to reduce overcapacities. Providing an analytical framework to better understand the effects of subsidies as well as an overview of existing funding schemes under the CFP, this article aims at answering some of the questions posed by the European Commission within its Green Paper. Answers are based on two ideas: the exploitation of marine capture resources ultimately depends on the level of available fish stocks and that a large share of subsidies fuels the race to fish by inducing investment incentives for the fisheries sector. Policies that have ignored this tend to encourage inefficient and unsustainable fishing as well as the misallocation of public funds. Although support schemes under the CFP have changed in recent years, some problematic support schemes persist. A future reform will have to continue the course taken towards sustainable and efficient approaches to supporting the fisheries industry.     

Dysfunctions in common fishing regulations

One of the main concerns of the Common Fisheries Policy (CFP) lies in guaranteeing consistency among the different implemented actions. The main concern is establishing a relationship between the levels of compliance with the Multi-annual Guidance Programme (MAGP), the adoption of total allowable catches (TACs), and the levels of compliance with rules by producers.     

Effectiveness of the structural fisheries policy in the European Union

This paper presents an analysis of the effectiveness of the community structural policy in the fisheries sector by comparing the relative level of compliance with objectives (reduction of fleets and economic viability) with the mechanisms that have been implemented (structural funds and allocation of quotas). On the one hand, this analysis shows that there is a positive correlation between the level of structural funds and the attainment of goals. On the other hand, it was found that the greater the relative availability of quotas, the poorer the countries performed in complying with the objective of reducing the fishing capacity, and the higher the expectations of achieving acceptable yields. These correlations, however, were not very strong.     

Minimising unsustainable yield: Ten failing European fisheries

Ten European fish stocks recognised by the European Union as “outside safe biological limits” are considered in light of widespread reforms to fisheries legislation in 2013, particularly the legal responsibility to exploit these resources sustainably. Given that some of these stocks are – as of 2013 – fished at over 150% the recommended intensity and many have been outside of these limits for the entirety of their assessment history, the utilisation of traditional fisheries management measures of sustainability are questioned and tougher approaches such as “zero-catch” and long-term, expansive spatial closure scenarios are considered. Finally, the pervasive issue of data-deficiency (the status of 54% of European stocks) is briefly considered, with specific reference to the understudied West of Scotland and North Sea stock of European seabass (Dicentrarchus labrax).     

The challenges of the landing obligation in EU fisheries

A feasibility study was conducted on the impacts of the new Common Fisheries Policy (CFP) rules requiring catches in regulated fisheries to be landed and counted against quotas of each Member State - the landing obligation (LO), and that catch of species subject to the LO below a minimum conservation reference size (MCRS) be restricted to purposes other than direct human consumption. The aim was to estimate the level of discarded fish likely to be covered by the new rules, the impact of the rules on EU fisheries and the regulatory challenges and responses to them. Data from EU's Scientific, Technical and Economic Committee on Fisheries (STECF) database were analysed to estimate the volume of unwanted catches produced by EU fisheries. Views were sought from policy officials and fisheries scientists through a questionnaire on the implications of the LO and the control of fisheries across Member States, and the potential adjustments that might be needed. Findings show that 11% (44,000 t) of the total catches of EU countries from which data were available are of fish under MCRS. The species with the highest volume of undersized discards associated with the lowest quota, which would potentially restrict the fishing opportunities for other quota species (i.e. choke species), are plaice and haddock with 18,000 and 14,000 t of undersized fish respectively, followed by whiting and cod with 5000 and 6000 t of undersized fish respectively. Discards data shows that the Netherlands, United Kingdom, France and Belgium will be most affected by landings for non-human markets. Findings also show that existing infrastructure at landing ports in all Member States is limited because there are currently limited facilities in place to handle animal by-products produced by the catching sector. Policy officials maintained that while they could support the fishing industry through funding programmes, it is the responsibility of fishers to ensure they have the right infrastructure to handle unwanted catches. The expectation is that the LO combined with the restriction to non-human consumption purposes will encourage fishers to internalise the costs of catching unwanted fish and motivate them to avoid unwanted catch. This will be realised if sufficient flexibility is given to fishers to find their own solutions to reducing unwanted catches. It is concluded that gear technology measures exist to enable the regulated fisheries to increase gear selectivity.     

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.     

Aquaculture stakeholders role in fisheries co-management

Industrial aquaculture has become one of the main protagonists both on the coasts and in international policy aimed at regulating matters concerning the sea. This new role is reflected in the recently adopted Common Fisheries Policy of the European Union, where the need to promote the sector and the involvement with other local actors, specifically artisanal fishers, is highlighted. However, the official promotion of this activity could be overvaluing its benefits while, at the same time, undervaluing the new barriers that it is introducing in fisheries co-management. Centered in Valencian Community (Spain) and through a qualitative methodology, this paper examines the views and positions of stakeholders directly involved in aquaculture activity (biologists, aquaculture businessmen and policy managers) on the possibilities of joint participation. It is concluded, that eroding the detected mistrust among stakeholders through "hybrid forms of participation" would be a necessary prerequisite to setting up a common framework for involvement leading to an effective co-management.     

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.     

The EU restrictive trade measures against IUU fishing

The opportunities for operators to increase their revenue when illegal, unreported and unregulated (IUU) fishing catches are converted to currency through the market encourage the persistence and growth of this activity. It is often the same market that is targeted for the legal trade of fish. Thus, paradoxically, the market demand creates and incites it, at least from an economic point of view. To deter IUU fishing activities, some fish and fishery products importing countries have started to enact or implement additional regulatory measures, the goal of which is to tackle the problem from a new trade-related perspective. This contribution provides an analysis of various aspects of the market state competence. Within the framework of the European Union (rights and markets) the study analyses the emergence of regional trade-related measures and explore how they are linked to the international trade law regime especially the World Trade Organization rules. Finally, the paper draws implications for the market state measures and considers their limits and potential in combatting IUU fishing.     

Designed for failure: A critique of the Common Fisheries Policy of the European Union

The Common Fisheries Policy (CFP) of the European Union has neither lived up to its aim of enhancing the sustainability of fish stocks nor that of improving the economic competitiveness of the fishing industry. This paper discusses the failure of the CFP from a biological, economical, legal and political perspective.     

Net economic effects of achieving maximum economic yield in fisheries

Improving the economic performance of fisheries is becoming increasingly important in fisheries management, and in some cases, maximum economic yield (MEY) is set as a key management target. However, recent critics of MEY as a management target have argued that a decline in the level of fishing activity necessary to achieve the target will result in a subsequent loss of economic activity elsewhere in the economy and, potentially, a net loss to society. In this paper, an input–output framework is used to estimate the net economic effects of achieving MEY in several Australian fisheries for which there is information on their short- and long-term performances when moving towards MEY. While overall losses were found in the short term, achieving MEY was found to result in a net economic benefit to society in the longer term. Local coastal communities in particular were found to benefit, although some losses were incurred elsewhere in the economy.     

Participatory practices in fisheries across Europe: Making stakeholders more responsible

Drawing on an EU-funded project titled “Sharing responsibilities in fisheries management” this paper assesses the institutional landscape of fisheries management in a number of European countries, with a particular emphasis on stakeholder involvement in regulatory decision-making. What are their roles and responsibilities in the chain of governance? What are the specific characteristics of each country, and what is similar and what is different as compared with other sectors? Although there is a move towards devolvement and decentralisation in some European countries, there is quite an ambivalence regarding such reforms in other countries. These differences in stakeholder involvement are partly a result of institutional traditions within each country, but also a reflection of how management authorities struggle with the dilemmas pertaining to such reforms of participatory practices. Thus, we argue that even within a reformed fisheries management system that allows greater participation of stakeholder groups, there can hardly be one European model that fits all.     

Determining policy-efficient management strategies in fisheries using data envelopment analysis (DEA)

In this paper, the authors analyze a wide range of recreational management strategies for their impacts on red snapper yield, economic surplus and the fish stock. Simulating a wide range of policies, the authors find Data Envelopment Analysis (DEA) inspired policy efficiency frontiers that lead to finding those management strategies that offer the greatest level of economic surplus for any biological target, looking at both the east and west Gulf of Mexico fisheries. Red snapper has been declared overfished since 1988 and the 2005 SEDAR 7 stock assessment declared red snapper were overfished and undergoing overfishing. In November 2009, the update of the assessment declared that overfishing was no longer occurring but that the red snapper stocks needed to be rebuilt. In this analysis, it was found that red snapper are neither overfished or undergoing overfishing. The main difference between the present model and the SEDAR 7 model is that the latest model uses a higher mortality rate for juveniles and a density dependent model. The authors also suggest that the east and west should be managed as separate units.     

TAC management in North Sea flatfish fisheries

The Common Fisheries Policy of the European Union adopted in 1983 is primarily focused on a science-based TAC management system with fixed national quota shares. The quality of the assessments of plaice and sole, the consistency of the scientific advice, the congruency of the management decisions, and the enforcement of the regulations are reviewed over a 15-year period. The conclusion is that there have been problems at each level, with the ultimate effect that the policy has not been able to restrict fishing mortality and that the level of overexploitation has only increased. It is argued that the present TAC system has created more problems than it has resolved. Attention is drawn to the autonomic economic developments within the fishery and to the potential for managing the fishery more effectively from the cost side rather than the profit side.     

Solving complex fisheries management problems: What the EU can learn from the Nordic experiences of reduction of discards

A crucial issue for the new EU common fisheries policy is how to solve the discard problem. Through a study of the institutional set up and the arrangements for solving the discard problem in Denmark, the Faroe Islands, Iceland and Norway, the article identifies the discard problem as related to both natural, other material and to cultural conditions. Hence, solving the discard problem requires not only technical and regulatory instruments, but also arenas and structures that allow and facilitate processes of cultural change.     

Insights from the users to improve fisheries performance: Fishers’ knowledge and attitudes on fisheries policies in Bahía de Kino,Gulf of California,Mexico

This study investigated the interpretation and level of support of government regulations in Bahía de Kino, Sonora, one of the most important fishing communities in terms of diving extraction of benthic resources in the Northern Gulf of California. Research was conducted from April to August 2007, focusing on the small-scale fisheries sector of commercial divers. Information on fishers’ awareness of current policies, fishers’ attitudes concerning different aspects of fisheries regulation, and fishers' suggestions on how their fisheries should be managed, was gathered through structured interviews (including open and closed-ended questions), informal talks and participant observation. Results provide further evidence supporting the need for formally recognizing the fishers as key stakeholders in local fisheries, and for working cooperatively towards the design of management strategies and regulations that provide better stimulus for resource stewardship and discourage overfishing. Very importantly, this study suggests that there is strong support from resource users for implementing regulatory measures for local fisheries. Results could be used as a preliminary baseline to initiate the discussion among fishery stakeholders towards the development of species-specific management plans for the area, as required by the recently enacted fisheries act in Mexico, the “Ley General de Pesca y Acuacultura Sustentables”.