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Quo Vadis Common Fisheries Policy?



Quo Vadis Common Fisheries Policy?

Ernesto Penas Lado

ISBN: 978-1-119-57688-4 September 2019 Wiley-Blackwell 392 Pages

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Offers a guide and provides an analysis of how a public European fisheries policy should be evaluated, implemented, and reformed

Quo Vadis Common Fisheries Policy? is an essential book that provides an authoritative guide to the future challenges that face the public European fisheries policy. Written by a noted expert with 30 years’ experience in fisheries policies, the book provides the information needed to analyze how a public EU policy should be evaluated, implemented, and reformed.

The book examines the difficulties of implementing the new policy including the application of the objectives of the 2013 policy reform. The author explores the myriad challenges that face the new policy due to global warming, pollution, and other global drivers. The book compares the new policy with other fisheries policy, particularly with the United States fisheries policy under the Magnusson-Stevens Act. The book offers an opportunity to address and discuss the challenges and obstacles that are not currently in the public domain. This important book:

  • Provides a unique view from a noted expert and former policy insider
  • Offers a critical analysis of a public EU policy from a pro-European standpoint.
  • Gives a foundational resource to aid in the debate on the future of the Common Fisheries Policy
  • Includes topics that go beyond EU’s policy and have implications for fisheries’ management around the world

Written for administrations and stakeholders in the European and international fishing industry, Quo Vadis Common Fisheries Policy? addresses the challenges of EU’s new fisheries policy and offers a comparison of the US fisheries policy. The book helps foster much-needed debate about this topic.

Preface xiii

Acknowledgments xv

Disclaimer xvii

1 The common fisheries policy: stability or change? 1

Introduction: fisheries, a conservative world 1

A distributional policy 1

Policy change vs. policy stability 2

Why do policies change? 4

Legal change vs. policy change 4

Does the CFP change too much or too little? 6

Policy rigidity vs. policy flexibility: why is the CFP so rigid? 7

Policy implementation and policy change: the challenge of implementing the 2013 reform 8

The challenges of implementation 9

The CFP’s legendary bad press 9

The reformed CFP: success or failure? 10

The notion of “policy success” in fisheries management 10

Policy results: how good are they? 13

Improving reporting of policy performance 18

If the CFP is not so bad, why advocating policy change? 22

References 23

2 The objectives of the CFP 25

Introduction 25

The common fisheries policy in the Treaty 26

Fisheries policy: a multi-objective policy 26

The objectives in Article 39 of the Treaty 26

Other legal principles applicable to the CFP 27

Policy objectives in other countries 28

The United States 29

Australia 30

New Zealand 31

Norway 31

The case for full exploitation of fishery resources 32

Preventing overfishing or fully exploiting? 32

Is under-exploitation positive? 32

Is under-exploitation a realistic scenario in the CFP? 33

The example of the US 33

Under-exploitation in the EU? 34

Under-exploitation vs. over-exploitation 36

The consequences of under-exploitation 37

The effects on other marine areas 37

The effects on land: is livestock production better than fishing? 37

The public debate 38

Are the fishery objectives of the new CFP too rigid? 39

The lessons from the US system 39

Socio-economic objectives vs. biological delivery: should the policy establish specific socio-economic targets? 40

References 41

3 Implementing maximum sustainable yield 43

What is maximum sustainable yield? 43

Defining MSY 43

MSY in the reformed CFP 44

MSY in international law 44

MSY and the Treaty 45

Is maximum economic yield a better option? 45

An area around MSY 46

MSY as biomass or as fishing mortality? 47

Introduction 47

Bmsy as an “aspirational objective” 49

The interpretation by environmental NGOs 50

Single stock objectives in the marine ecosystems: can all stocks be “above Bmsy” in mixed fisheries? 50

Bmsy, an elusive parameter 51

The US system 51

Estimating Fmsy 52

Single-stock Fmsy vs. ecosystem-based Fmsy 52

Proxies for data-poor fisheries 52

Alternative approaches: escapement strategies 53

Fmsy as a target or as a limit? 53

The notion of risk in fishery management 54

The US case 55

Fmsy: a point value or a range? 55

Background 55

The case for fishing mortality ranges 56

F ranges: handle with care. Are they precautionary? 58

The on-going experience: MSY in multiannual management plans 58

F ranges and the choke species problem: the Baltic precedent 58

The consolidation of F ranges 59

The safeguards: biomass thresholds 60

Should all plans reproduce that precedent? 60

Fmsy for all stocks: what does it mean? 61

Data-poor and secondary stocks: manage them to MSY? 61

Introduction 61

Which stocks to manage? 62

Are the EU-managed stocks the right ones? 63

Problem stocks 66

References 67

4 The challenge of mixed fisheries 71

Mixed fisheries in the new CFP 71

Can MSY be achieved for all stocks in mixed fisheries? 71

Mixed fisheries and choke species 72

Choke species: some experience outside the EU 72

Choke species under the new CFP 73

Alternative management approaches for mixed fisheries 75

Multispecies approaches 75

What potential for multispecies models? 75

Pretty good yield 76

The Fcube model 77

Multi-stock reference points 78

Managing stock aggregates? 78

How much can we sacrifice weak stocks? 79

An ecological cap on TACs? 80

Trophic models 81

Multispecies models and trade-offs: is multispecies management compatible with relative stability? 82

Is multispecies management compatible with the objectives of the CFP? 83

Can associated species in mixed fisheries be dissociated? 84

The US experience in dissociating stocks 84

How to dissociate stocks in mixed fisheries in the EU? 85

References 88

5 Achieving policy objectives in Mediterranean fisheries 91

MSY and Mediterranean fisheries 91

Time to catch-up 91

The status of Mediterranean fisheries 92

Sustainable overfishing? 93

Economic performance 94

The Mediterranean specificity 94

Global warming: a game-changer 95

Can MSY be achieved by 2020 for all stocks in Mediterranean fisheries? 96

The point of departure 96

What stocks to manage in the Mediterranean? 97

A focus on EU stocks 98

Avoiding “cut and paste” approaches 98

A fishery approach? 99

Streamlining scientific advice 100

The need for a “client” for the scientific community 100

Data poor stocks and MSY proxies 101

Revising stock boundaries 102

The CFP and GFCM 103

What instruments to use in Mediterranean fisheries? 103

Fishing effort plans 104

TACs 104

The multispecies approach: a better alternative for the Mediterranean? 105

Closed areas 105

Mesh sizes 106

The transition: a buy-out scheme for Mediterranean fisheries 107

References 108

6 The landing obligation 111

The CFP and the problem of discarding 111

Discarding in the CFP: how much? Why? 111

The 2013 policy on discards 112

A critique of the landing obligation of 2013 113

Discards and direct human consumption 114

What other countries do on discarding 115

The US case 115

Norway 116

Iceland 117

The effects of a non-discard policy 117

Biological effects 117

Economic effects 118

Choke species and the “perfect storm” of 2019 120

Relative stability as a contributor to choke species 120

Quota swaps as a possible solution 121

How efficient is the quota swap system? 121

Are quota swaps increasing to facilitate the discard ban? 122

Can quota swaps be enhanced? 123

The flexibility mechanisms 124

The de minimis allowance 124

The survival exemption 124

The cross-reporting of catches 125

Ex-ante and ex-post quota adjustments: banking and borrowing 125

Other possible elements of flexibility 126

TAC uplifts 126

Reducing minimum conservation reference sizes? 127

Working on the fringes of relative stability? 127

Other possible mechanisms 128

Implementing the landing obligation in practice 129

By-catch avoidance: mitigation 129

Controlling the landing obligation 131

What to do with unwanted fish? 134

The need for monitoring 135

Is the landing obligation economically viable? 136

References 137

7 Beyond single-stock TACs: the other instruments of the CFP 141

Management by single-stock TACs 141

The advantages of TAC management 141

The limits of TACs as an instrument 141

Other instruments available in the CFP 142

Effort management 142

Is effort a good management instrument? 143

The Faroese system as an example 143

The experience of effort management in the CFP 144

Effort management and technological creep 147

The potential for a (different) effort management in the CFP 148

Technical conservation measures 149

The objectives of TCM 149

The difficulty in increasing selectivity 150

Technical measures in the new CFP 151

Mesh sizes 152

Closed areas/seasons 152

Minimum conservation reference sizes 155

Technical measures and the landing obligation 157

References 158

8 Fisheries and the environment 161

The CFP and environmental policy 161

Introduction 161

Incorporating environmental concerns into the CFP 162

Overlapping legislation 163

The dichotomy between fisheries management and environmental protection: the case of sharks 168

Sharks: protect or manage? 168

Shark finning 169

Some ideas on management 170

The effects of fishing on the environment 171

Fishing: the evil of the seas? 171

Fishing down the food web? 173

Does sustainable fishing increase productivity? 173

Preserving marine biodiversity 174

How to measure biodiversity: existing indicators 174

Protecting biodiversity on land as a comparison 175

Marine Protected Areas: the ultimate instrument? 177

How to evaluate the preservation of biodiversity: the notion of ecosystem services 178

The ecosystem approach 179

The ecosystem approach and the CFP 180

Ecosystem-based fisheries management 181

A test case: managing forage fish 182

What future for ecosystem-based management in the CFP? 183

A provocative idea: balanced harvest 184

Is selective fishing always a good idea? 184

The notion of “balanced harvest” 185

Is balanced harvest applicable in practice? 186

References 186

9 Fisheries governance and the CFP 191

The evolution of governance under the CFP 191

Introduction 191

The balance between discipline and flexibility 192

Policy flexibility: the example of the United States 193

Can the CFP be more flexible? The notion of “level playing field” in the CFP 193

The new paradigm of the CFP: regionalization 194

The example of the US: a regionalized fisheries policy 194

Regionalization of the CFP: the experience of discard plans 195

The role of stakeholder bodies 196

The example of the US: what can we learn from the US Regional Councils? 196

The EU’s Advisory Councils’ structure and composition: are they equipped to do their job? 199

A note on consensus: is this the best method? 200

Are the ACs worth the investment? 200

The role of Producer Organizations 201

Environmental NGOs and the CFP 202

NGOs and legitimacy: funding 203

NGOs and their influence 204

NGOs and Advisory Councils 205

Is cooperation between industry and NGOs possible? 206

The role of science 206

The new CFP and fisheries science 206

Improving scientific advice 207

Data and science 208

Streamlining the evaluation process: stock prioritization 209

Science and the management system 210

Economic advice 213

Science in the information age 214

The role of consumers: certification systems 215

The case of MSC 215

The dolphin safe certification 216

Other certification systems 216

Public or private labels? 217

What to certify in the future? 218

Governance in the reformed CFP: the example of multiannual plans 218

Background 219

Multiannual plans and the role of the institutions 219

How has co-decision fared for the CFP? 220

Addressing variability and uncertainty 222

Communicating the uncertainty 224

Spatial dynamics 224

A governance system that quickly incorporates variability 225

How to make the CFP more adaptive to variability and uncertainty? 226

Policy monitoring: from description to causality 227

Policy complexity: can the CFP be simplified? 228

Is policy complexity inevitable? 228

The complex political/geographical/jurisdictional context 229

The evolution of the decision-making workflow in the CFP 229

The example of the US 230

Can regionalization reduce complexity? 231

Can guidelines replace regulations in the CFP? 231

Changing the paradigm: from prescriptive to collaborative governance 232

Results-based management 232

Does the CFP have the structures for collaborative management? 232

Creating trust 233

References 234

10 The CFP and international fisheries 237

The external dimension as an essential part of the CFP 237

Introduction 237

The EU as the crucial actor in international fisheries governance 238

The external dimension of the CFP and international governance 239

Marine Protected Areas: the miracle instrument? 240

MPAs: what objectives? 241

The Aichi targets 242

The notion of “ocean grabbing” 243

The ultimate MPA: a ban on high seas fishing? 244

High seas fishing: economic nonsense? 245

A ban on high seas trawling? 245

International governance and developing countries 246

International fisheries governance: a rich country’s agenda? 246

Capacity building 247

Fight against poverty 247

Access to fishing rights 248

Large-scale MPAs and developing countries 249

Global fleet capacity 250

A problem of global governance 250

The Kobe process 250

A key factor: the allocation of fishing rights 251

Fisheries enforcement at global level: fighting against illegal fishing 252

Introduction 252

The success of the EU IUU policy 253

A multilateral IUU policy 253

What future for the fight against IUU fishing? 254

The improvement of RFMOs 255

Why RFMOs are so important 255

The necessary improvements 255

NEAFC and the “coastal states arrangement” 259

The changes in the traditional status quo of the oceans 259

The increasing privatization of the world’s oceans 260

The emergent fishing nations 260

References 261

11 The missing elements of the 2013 Policy reform 265

What the 2013 CFP reform missed 265

The issues beyond the “big four” 265

Rights-based management 265

Is rights-based management good or bad? 266

Why did TFCs fail in the 2013 reform? 267

The experience of third countries 268

The experience of some EU Member States 271

Rights-based management and discards 272

Is there a market of fishing rights in the EU? 272

Small-scale fisheries: no specific policy 273

Defining small-scale fishing: more difficult than it seems 274

What small-scale and large-scale can provide 275

The comparative impacts of small-scale vs. large-scale fishing 275

What can we learn from aboriginal fishing rights? 276

The fisheries control system 277

The dichotomy between EU policy and national control 277

Harmonization of sanctions? 278

Enhanced powers for EFCA? 279

The control of the landing obligation: a test case 279

The management system: is cost-recovery possible in the CFP? 280

Is self-control an option? 281

Fleet policy: does it still have any sense today? 282

Background 282

Fleet policy in the 2013 reform 282

The US case 283

Are capacity ceilings limiting anything? 283

Is there a case for fleet policy? 284

The EMFF: an instrument to accompany the reform? 285

Some positives . . . 285

. . . and some negatives 285

The structural measures of the US as a point for reflection 286

References 287

12 The global context: emerging challenges 289

The status of the world’s fishery resources 289

The Pauly/Hilborn controversy 289

So, who is right and who is wrong? 291

The case of the EU 293

Does fisheries management work? 294

The “perfect protein”: can the world afford to under-exploit its fishing opportunities? 295

Hunger and poverty: fish consumption and the global demand for fish 295

Are the land-based alternatives better? Protein from livestock 295

A question of equity: the notion of “leakage” 296

Fisheries: a key component of future diets 297

Aquaculture: the seafood of the future? 298

Aquaculture and capture fisheries: are they compatible? 298

Is aquaculture ecologically sustainable? 299

Fisheries and employment 302

Employment at sea 302

The property of the means of production: who owns the fishing rights? Does it matter? 304

Why the structure of property matters 304

What possible effects on management? 305

Climate change and fisheries management 305

Global warming and the oceans 306

Global warming and food production 307

The effects of climate change on fisheries and aquaculture 308

How to address the problem: the case of Alaska 309

Marine pollution: the example of micro-plastics and marine resources 310

Distribution and incorporation to the food chain 310

The effects of micro-plastics on consumers 311

What to do? 311

Fisheries in the information age 312

The influence of the information society on policy making 312

The bad image of industrial fishing 313

References 314

13 Adapting the CFP to emerging challenges 317

Adapting the CFP beyond reform 317

Emerging challenges and the value of long-term strategic thinking 317

Adapting the CFP to climate change 318

The evidence of climate change in EU fisheries 318

A case study: Atlantic cod 320

The consequences of climate change in the CFP 320

The US example 321

A strategic plan to adapt the CFP to climate change 321

More food from the sea 323

Seafood vs. land-based food 324

Is the EU producing enough food from the oceans? 324

Some background 324

Are there untapped fish resources? 326

Exploiting the lower trophic levels 327

Improving quota consumption 327

Changing the policy paradigm: a policy based on exploiting the surplus of the marine ecosystem, not individual stocks 327

Developing new aquaculture practice 328

The integration of fisheries policy into a wider policy context 328

The wider notion of fisheries management 328

The relationship between fisheries and other economic sectors 329

The challenge of science vs. social influence 329

Bridging the chasm: a “new deal” between the fishing industry and environmental NGOs? 330

Recreational fisheries in Europe 331

The US case 332

References 333

14 Some ideas for the next CFP reform 335

A vision of the future CFP 335

The 2009 vision: is it still valid today? 335

New elements of a vision of the future CFP 335

New policy objectives 336

An improved governance system 337

A more flexible, adaptive CFP 337

A new legislative culture: concentrating on political objectives, not on micro-management 338

A new decision support framework 339

The future of regionalization 339

The notion of co-creation and the “irrational” part of decision-making 340

Creating breathing space for the ACs 340

A new structure for an enhanced role for the Advisory Councils 341

Relative stability: why it should evolve 342

Why question the CFP’s cornerstone? 342

Are individual annual quotas under relative stability biologically and economically rational? 343

An enhanced market of fishing rights among Member States 344

A European market of fishing rights? The case of milk quotas 345

Evolution through adjustment 347

A revamping of relative stability: from single-stock shares to combined shares 350

The Mediterranean: a new management paradigm 351

Should the CFP manage recreational fishing? 351

What future for the fishery structural funds? 352

An instrument to promote policy change, not to maintain the status quo 353

What structural funds for the future CFP? 353

Introducing market mechanisms in the CFP? 356

An alternative approach: RBM partial and optional 357

A specific policy for small-scale fishing? 357

A reformulated discard policy 358

New objectives 358

Accepting (while discouraging) over-quota landings 359

Do we need to change the basic regulation? 359

Policy changes not requiring legislative change 359

Policy changes requiring clarification or interpretation 360

Policy changes requiring legislative change 360

References 360

Glossary 363

Abbreviations 365

Index 367