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.
Table of Contents
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
