Common Fisheries Policy Research Articles

Small-scale fisheries access to fishing opportunities in the European Union: Is the Common Fisheries Policy the right step to SDG14b?

The profile of small-scale fisheries has been raised through a dedicated target within the United Nations Sustainable Development Goals (SDG14b) that calls for the provision of ‘access of small-scale artisanal fishers to marine resources and markets’. By focusing on access to fisheries resources in the context of European Union, in this article we demonstrate that the potential for small-scale fishing sectors to benefit from fishing opportunities remains low due to different mechanisms at play including legislative gaps in the Common Fisheries Policy, and long-existing local structures somewhat favouring the status quo of distributive injustice. Consequently, those without access to capital and authority are faced by marginalizing allocation systems, impacting the overall resilience of fishing communities. Achieving SDG14b requires an overhaul in the promulgation of policies emanating from the present nested governance systems.

The legal protection of farmed fish in Europe – analysing the range of EU legislation and the impact of international animal welfare standards for the fishes in European aquaculture

Nowadays, fishes are one of the most exploited ‘farm’ animals. They are reared in marine and freshwater aquaculture farms, which represent one of the fastest growing food-producing industries worldwide. The numbers of fishes farmed, transported and slaughtered every year are enormous, with more than 100 billion fishes estimated to be killed per year, solely in aquaculture industries. They are kept in high densities, fattened for fast growth and slaughtered, just like in factory farming of terrestrial ‘farm’ animals. ‘Farmed’ fishes are regularly handled and transported according to their life stages between different farming systems and cages. In some cases, fishes are deprived of food up to 14 days prior to their slaughter, and commonly their killing is done either without prior stunning or using stunning methods, like CO2-stunning, causing pain and suffering. Despite the fact that a huge number of individuals is involved and that many farming practices impose pain, stress and suffering on the fishes, fish welfare only takes a back seat in public awareness. Fishes are sentient beings, and as such recognised by the EU in Article 13 of the Treaty on the Functioning of the European Union (TFEU). Especially taking into account that the EU has implemented a newly reformed Common Fisheries Policy (CFP) and is making great efforts to increase its aquaculture production within the next years, the present study deals with the question to what extent a ‘farmed’ fish in Europe is currently protected by EU law and if the international animal welfare standards set out by the World Organisation of Animal Health (OIE) are actually met.

Introduction: External Aspects of the European Union Common Fisheries Policy

The European Union (EU) is a unique international organisation. Its constituent treaties establish a regional legal order separate from international law but also integral to the legal systems of its Member States. EU law has supremacy over the domestic laws of the Member States. The EU also possesses international legal personality and is empowered to enter exclusively into binding legal relations with non-EU States (hereinafter third States) on behalf of its twenty-seven Member States in respect of those matters over which it enjoys competence. The exclusive competence of the EU extends to the conservation and management of marine living resources, which has allowed it to play a significant role in the development of fisheries law and policy. The Common Fisheries Policy (CFP) is a set of rules agreed by Member States for regulating the conservation and management of stocks in so-called Union waters – the combined waters of the EU’s constituent Member States – as well as the regulation of fishing vessels flying the flag of an EU Member State in the waters under the jurisdiction of third States or on the high seas. In broad terms, it treats the waters and resources therein as a common resource and EU nationals enjoy equal access to waters and fishing opportunities, subject to some legally defined exceptions or conditions. The CFP was introduced in 1970, and been subject to periodic reviews and reform. he CFP has four main policy areas: fisheries management, market and trade policy, structural funding, and international policy. Alongside internal rules harmonising regulations between Member States, the CFP also has an important external dimension. It is this aspect of EU fisheries law which is the focus of this special issue. This introduction provides necessary context on the EU external fisheries policy and identifies some key issues that are explained in more detail in the other papers to this special issue.

Survival of undersized plaice (Pleuronectes platessa) discarded in the bottom otter trawl and Danish seine mixed fisheries in Skagerrak

The landing obligation of the new Common Fisheries Policy includes a “high survival”-exemption, which allows to continue discarding of fish with scientifically proven high chances to survive the process of capture, handling and release. This study presents survival rates of undersized plaice (Pleuronectes platessa) caught by two commercial fishing vessels targeting plaice in Skagerrak during the summer, a bottom otter trawler and a Danish anchor seiner. Instead of being discarded, the fish were assessed and monitored in on-land observation tanks for 14 days. For each gear, a Weibull mixture model was fitted to the data to estimate survival probabilities, including the uncertainties from the haul selection and conditions of the captivity experiment, and to determine which biological, environmental and operational factors influence survival. Generally, fish caught by the trawler showed lower survival (44%, 95%-confidence interval: 37–52%) than those caught by the seiner (78%, 95%-confidence interval: 67–87%). Air exposure was found to be the most important factor in determining survivability of fish discarded from the trawler. For the seiner, bottom temperature was identified as an additional important determinant.

Escapement patterns of red mullet, sole, horse mackerel and hake facing two trawl selective devices

The landing obligation implemented under the European Union Common Fisheries Policy prompted the development of selective devices for fishing gear to reduce unwanted catches. In the Bay of Biscay, a collaborative project between scientists and fishermen evaluated catch rates and length frequencies of caught species from two innovative trawl devices, which were compared to the gear that is currently used in the fishery. The experimental designs were: (1) a 90 mm square mesh bycatch reduction device inserted in the tapered section (SMBRD) and (2) a 70 mm T90 mesh codend and extension (T90). Each selective device was tested separately using the twin trawl method for catch comparison on board commercial vessels: SMBRD was tested on board vessels targeting Nephrops and T90 on board vessels targeting demersal fish. This study focused on hake (Merluccius merluccius), which is an important bycatch species, red mullet (Mullus surmuletus) and common sole (Solea solea), which have high commercial value, and horse mackerel (Trachurus trachurus), which is nearly never discarded. Horse mackerel and hake escaped through the two devices tested, resulting in fewer unwanted catches in the selective trawls without commercial loss. For sole, more individuals were caught with the SMBRD than with the standard gear. The T90 resulted in the escapement of most red mullet across its entire length range observed, resulting in significantly lower Catch Per Unit Effort of landings and unwanted catch, probably due to unsuitable mesh size and shape for that species. These results have direct application for multispecies fisheries in which fishermen have to appropriately select devices according to the specific characteristics and species composition of their fisheries.

Using multi-criteria analysis the assess impacts of change in ecosystem-based fisheries management: The case of the Icelandic cod

This paper presents the outcome of one of the case-studies of the EU-funded FP7 research project MareFrame. The project sought to remove the barriers preventing more widespread use of the ecosystem-based approach to fisheries management by developing integrated ecosystem-based assessment methods and a decision support framework for the management of marine resources. The findings are intended to support the implementation of the Common Fisheries Policy (CFP) and Marine Strategy Framework Directive (MSFD). The case study focused on the Icelandic cod fishery which is by far the most important fishery in Iceland, accounting for 43% of the country's total export values of seafood in 2016. Sound biological and economic management of the fishery is therefore essential for both the nation as a whole as well as individual fisheries-dependent communities. The analysis is done in two main steps. We first use the statistical multi-species model Gadget, developed by the Icelandic Marine and Freshwater Research Institute, to estimate the development of catches by fleet segments (trawl, net and longline) and stock size. Comparisons are made with two scenarios: a) adhering to the present harvest control rule or b) changing the effort to a level corresponding to fishing mortality associated with maximum sustainable yield (FMSY). In the second step, the two outcomes and their socio-economic effects are examined using a three-stage analytic hierarchy process. The case study has been developed in close cooperation with Icelandic stakeholders, and in this paper we describe how the co-creation approach was employed in an ecosystem-based fisheries management framework.

Co-Management of Fisheries Through a Negotiation Lens: The Case of Prud’homies

While the European Union’s fishing policy is mainly based on maximum sustainable yield, at the local fishing community level, fishers’ main incentive to sustain fish stocks appears to be maintenance of social relationships. Divergence of the stakeholders’ objectives on the management of marine resources creates conflicts of interest that can be overcome through a process of negotiation. The formulation of the solution is embedded in the perspective of the stakeholders. In this paper we analyze the negotiation mechanisms between the French Mediterranean local fishing communities and the European Union common fishery policy. Inspired by interactive governance theory, the performance of Prud’homies, a local governance entity in the French Mediterranean, has been analyzed through their capacity to cooperate and represent the fishers’ voice in formal institutes. We are witnessing a declining representation of this local institute among the official decision-makers of the marine resource governance.

Changing fish distributions challenge the effective management of European fisheries

Changes in fish distribution are being observed across the globe. In Europe's Common Fisheries Policy, the share of the catch of each fish stock is split among management areas using a fixed allocation key known as ‘Relative Stability’: in each management area, member states get the same proportion of the total catch each year. That proportion is largely based on catches made by those member states in the 1970s. Changes in distribution can, therefore, result in a mismatch between quota shares and regional abundances within management areas, with potential repercussions for the status of fish stocks and the fisheries that depend on them. Assessing distribution changes is crucial to ensure adequate management and sustainable exploitation of our fish resources. We analysed scientific survey data using a three‐tiered analytical approach to provide, for the first time, an overview of changes in distribution for 19 northeast Atlantic fish species encompassing 73 commercial stocks over 30 yr. All species have experienced changes in distribution, five of which did so across management areas. A cross‐species analysis suggested that shifts in areas of suitable thermal habitat, and density‐dependent use of these areas, are at least partly responsible for the observed changes. These findings challenge the current use of relative stability to allocate quotas.

Input versus output controls as instruments for fisheries management with a focus on Mediterranean fisheries

Article 4 of EU Regulation 1380/2013 on the Common Fisheries Policy (CFP) define ‘technical measure’ as “a measure that regulates the composition of catches by species and size and the impacts on components of the ecosystems resulting from fishing activities by establishing conditions for the use and structure of fishing gear and restrictions on access to fishing areas.” Thus, these are a set of rules that govern where, when and how fishing can take place. Most of the fisheries management systems in place worldwide employ technical measures based on control of inputs and outputs. For Europe, the European Commission is reforming the CFP legislative framework and has updated and amended the rules for technical measures (EU Regulation 2019/1241). This is particularly important for management systems in the European parts of the Mediterranean, where input measures play a major role, in contrast to management systems in the North East Atlantic, which uses mainly output measures (catch quota).We discuss here the main advantages and disadvantages of these instruments with a particular focus on the European part of the Mediterranean Sea, our main aim being to foster a debate on the best measures for fisheries management.

Exploring the impacts of fishing and environment on the Celtic Sea ecosystem since 1950

Analyzing the long-term changes in ecosystems and disentangling the influence of overfishing and environment require historical data integration. Fisheries-independent data are available only since the mid-1980s in the Celtic Sea and thus provide a short-term and truncated vision of fishing impacts. We conducted a catch-based study over the 1950–2015 period. We successively (i) reconstituted catch time-series, including unreported catch estimates, and studied them through a trophic-spectrum approach and ecosystem indicators based on trophic level, size and species diversity; (ii) estimated biomass trends of the main Celtic Sea target species from catch and effort time-series, using production models that detect potential shifts in productivity; and (iii) explored linkages between species productivity potential and both fishing and environment using long-term time-series of large-scale climatic indices, locally observed hydroclimatic variables and plankton data from the Continuous Plankton Recorder. Our results highlight that fishing has caused a drastic depletion of the main exploited species in the Celtic Sea since World War II. The biomass reduction of larger demersal species may reach more than 80 %; additionally, this depletion occurred earlier than previously thought and may have initiated a trophic cascade in the ecosystem. North Atlantic hydroclimatic variability affected species productivity, worsening the early stock depletion while potentially mitigating fishing impact in the 1990s. The common pattern in productivity changes among analyzed species highlights an abrupt transition whose timing matches that of the ecosystem shifts identified in several Atlantic ecosystems. Finally, we show that the recent fishing pressure reduction led by the European Common Fisheries Policy initiated a partial recovery of stocks and ecosystem status over the last decade.

A new management framework for western Mediterranean demersal fisheries

The Common Fisheries Policy in the Mediterranean has been so far based on technical measures that have been relatively stable for a long time, and it did not prevent the efficiency increase in both vessels and gears that have counterbalanced the fleet reduction. The new Multiannual Plan for Demersal fish stocks in the western Mediterranean Sea introduces a fishing effort regime as a new approach to reduce significantly fishing time, allowing stocks to approach MSY in the medium term. However, different approaches to reduce fishing time may have different socio-economic impacts that have to be considered. The reduction of fishing time has to be complemented with selectivity improvements, temporal and permanent closures and local co-management plans to protect both juveniles and spawners. The combination of several measures will soften the need for effort reduction and it will contribute significantly to the sustainability of Mediterranean Fisheries.

Integrating spatial management measures into fisheries: The Lepidorhombus spp. case study

Most fisheries management systems rely on a set of regulatory measures to achieve desired objectives. Controls on catch and effort are usually supplemented with gear restrictions, minimum landing sizes, and in the framework of the new common fisheries policy, limitation of discards and by-catch. However, the increasing use of spatial management measures such as conservation areas or spatial and temporal area closures faces new challenges for fishery managers. Here we present an integrated spatial framework to identify areas in which undersized commercial species are more abundant. Once these areas are identified they could be avoided by fishers, minimizing the fishing impact over the immature fraction of the stocks. In particular we applied this methodology to two species of megrim, Lepidorhombus whiffiagonis and L. boscii, in North Atlantic Iberian waters (ICES Divisions 8c and 9a), analyzing fishery-independent data provided by bottom-trawl surveys and environmental data through Bayesian spatial models. Results show that species exhibit species-specific spatial patterns, and we identified sensitive areas that could be used for conservation purposes. We discuss integrating technical measures together (e.g. Minimum Conservation Reference Size and spatial closures) could be a more effective approach for fishery management and this case study could be extended to other species.

Spain’s Action to Control and Suppress Illegal, Unreported and Unregulated Fishing: Current Status and Future Prospects

Abstract The aim of this article is to address the evolution of Spain’s action to fight against illegal, unreported and unregulated (IUU) fishing during the last thirty years, as well as its future prospects. Currently, Spain strictly complies with the provisions of the international fisheries law and the European Union’s Common Fisheries Policy. In addition, Spain adopted a complex and diverse normative framework, which allows it to establish administrative sanctions against various Spanish individuals and fishing companies, which are suspected of being involved in IUU fishing activities. Moreover, Spanish legal courts and tribunals had to adjudicate in a few cases occasioned by IUU activities. This article analyses the Spanish current legal framework regarding controlling and suppressing IUU fishing, as well as the enforcement of the legal norms in Spain by the public authorities with competences in this field and by the Spanish courts and tribunals.

Fish and Seafood Market Research in Ukraine

Abstract A systematic analysis of the volumes of fish and seafood production in Ukraine and European countries is conducted, the issue of the ratio of import and export of fishery products in Ukraine is highlighted. It is shown that the fish and seafood market of Ukraine is far from being saturated, but also even from the minimum satisfaction of the domestic needs of the country’s population. The average annual consumption of fish and seafood in Ukraine is much lower than the world average. The main supply of fishery products in the domestic market is provided by imported supplies, which is about 75% of domestic consumption. The expediency of using the European experience, in particular regarding the use of the principles of the Common Fisheries Policy, is outlined.

Influence of fucose on sturgeon embryogenesis

The importance of fisheries and their central role in creating strong relationships in the territories of some coastal communities has generated a revision process of the Common Fisheries Policy (CFP) with the inclusion of Fishery Local Action Groups in the definition of bottom-up local development strategies that involve the participation and planning capacity of fisheries communities. Nowadays, in some EU areas, there is a lack of information on fishermen activities from a technical-economic point of view, with negative consequences in fishery planning at the local level. The present study provides an analysis of the economic performance of the vessels operating in the area of the “Stretto” Coast FLAG in Southern Italy. The information on costs and revenues have been gathered in 2015 through a technical-economic survey on a sample of 34 fishing vessels representing 24.11% of the total number of vessels active in the area. The direct survey aims at quantifying specific economic indicators in order to link the data on fishing effort with those on the profitability of enterprises, differentiated into 3 classes of Gross Tonnage (GT), for an assessment of the technical and socio-economic results of fisheries in the area.

Towards managing the United Kingdom's fisheries: A Brexit view from Scotland

Brexit, the UK's planned withdrawal from the EU, has significant implications for UK fisheries, potentially creating both opportunities and challenges regarding future governance of some of the most important fisheries in the EU. This paper presents findings of discussions with key industry representatives from two of Scotland's largest ports – Peterhead and Fraserburgh. The views of these stakeholders give a unique perspective on the opportunities and challenges provided by Brexit. Views are reported on the current management system, the importance of the EU as an export market and how industry stakeholders believe fisheries should be governed if the UK leaves the Common Fisheries Policy (CFP). Despite the view from stakeholders that the current distribution of fishing rights in UK waters is unbalanced, and the view that the CFP has moved from a positive to a negative for the industry, the implications of these results suggest that this part of the industry is not focussed solely on a quick removal from the CFP that returns 100% of fishing rights and control of UK waters, but instead seeks an improved management system that allows for the long term sustainability of the sector.

Are we ready to implement a discard ban in the gulf of Cádiz? Stakeholders' perceptions

The European Union Regulation No 1380/2013 revising the Common Fisheries Policy (CFP) aims at addressing the by-catch and discarding problem in commercial fisheries by implementing the “Landing Obligation” of the regulated species by 2019. At present, the gulf of Cádiz (GoC) landing ports are not ready to comply with this regulation; a number of key issues identified need addressing. Within this framework, the present study focuses on the challenges of finding relevant and efficient management solutions, considering opinions from all relevant stakeholders involved in the trawl fishery. The approach taken in this study involves participatory meetings, questionnaire surveys and interviews with stakeholders, including fishers, local fishery managers, government administrators, national inspectors, non-governmental organizations (NGOs) and scientists. Furthermore, we visited the main fish auctions in the GoC and talked personally to animal sub-products companies regarding their interest in new opportunities based on resources discarded by the trawl fishery. To achieve the goal of improving the management of this specific fishery and to bring it in line with the requirements of the CFP, we conclude that an effective participation of the fishing industry at all stages is of vital importance. Indeed, we advocate that fisheries research efforts should be directed towards management strategies proposed by all relevant actors within the fishery.

The International Law of the Sea

Abstract The concept of “historic rights” has been much discussed recently in the light of the arbitral award in the Philippines v. China case. The United Kingdom, as a major maritime power, has had long experience of dealing with claims about such rights and those which are similarly worded. This includes the seminal case of the Anglo-Norwegian Fisheries case in the International Court of Justice, as well as two other international decisions and a judgment of what is now the Court of Justice of the European Union (EU). In addition, the London Fisheries Convention and the European Union’s Common Fisheries Policy seem to employ terminology to similar effect. Finally, it is interesting to speculate about whether claims to historic rights will be made by other EU Member States after BREXIT.

Discard ban: A simulation-based approach combining hierarchical Bayesian and food web spatial models

Discarding is one of the most important topics in fisheries management, both for economic and ecological reasons. The European Union has included, through the current EU Common Fisheries Policy (CFP) Regulation, a discard ban with a quite controversial instrument: to enforce the landing of unwanted catch as a measure to promote their reduction. This management decision may condition the future of the fishing exploitation in European Sea. Within this context, both stakeholders and policy makers are now claiming for more effective tools that can be used to support the decision-making framework. In this study, we propose a simulation-based approach combining hierarchical Bayesian Spatial Models (H-BSMs) with the spatial-temporal module of Ecopath with Ecosim (EwE) approach, Ecospace, in the North Western Mediterranean Sea. In particular, we firstly assessed high-density discard areas using H-BSMs with fisheries and environmental data, and secondly, we simulated potential management options to identify the trade-offs of the discard ban application within these areas using EwE. We argue that coupling novel methods, as the ones used in this study, could be a decisive step to identify the best management action among a set of different scenarios within the context of the discard ban application in European Seas.

Brexit, Fisheries and Scottish Devolution: An Intergovernmental Disruption

AbstractWith the UK set to leave the EU, the Common Fisheries Policy (CFP) will no longer apply and an alternative legislative framework will need to be put in place, simultaneously navigating the devolved settlement. However, aspects of fisheries management fall under the area of international negotiation which is reserved to the UK government. Disagreements between the UK and Scottish governments over where the line between devolved and reserved lies in this matter has led to difficulties in formulating a post‐Brexit fisheries framework. This dispute has exposed weaknesses in relations between the two governments.