Central / national / federal government policies Books

Book SynopsisWritten by Ernesto Penas of the European Commission''s Directorate-General for Maritime Affairs and Fisheries, this thorough and comprehensive book provides a full understanding of the European Commission''s common fisheries policy (CFP), which is of major importance to all fisheries scientists and managers. Commencing with introductory chapters which look at the history behind the CFP, its birth and enlargement, this excellent book continues with chapters covering the major aspects of the CFP including policies on conservation, fishing fleets, structure, control, and environment, the external sector, scientific advice, stakeholders and decision making. Further chapters consider the Mediterranean Sea, aquaculture and the reforms of the CFP. A concluding chapter looks at what''s next for the CFP. The Common Fisheries Policy is an essential reference for all fisheries managers and fisheries scientists throughout the world, and provides a huge wealth of important informatTrade Review"[This book gives] a very comprehensive overview of EEC/EU fisheries policy from its earliest days" (Economic Affairs 26/04/2017)Table of ContentsPreface xii Acknowledgements xiii Disclaimer xiv 1 Why the common fisheries policy is important 1 Europe and fisheries 1 The CFP as a key European policy 1 The fishing sector in Europe: some facts 1 A historical background 3 The importance of European fishing beyond economics 7 Fishing and national traditions: the difficult balance 8 Fishing and the tragedy of the commons 8 The importance of geography 8 The importance of economics and culture 9 Fisheries and international conflict 10 Fisheries and European law 10 The CFP in the Treaty of Rome 10 Fishing in subsequent Treaties 11 The Treaty of Lisbon 12 Fisheries policy and European integration 13 Who decides what in the CFP? 13 The importance of history 15 Notes 16 References 16 2 The origin of the CFP 18 Fishing in the 1960s 18 The context in Europe 18 The context in the world 19 The precedents: ICNAF and NEAFC 20 The Commission’s first initiatives 21 The 1967 Communication 21 The structures and market regulations of 1970 21 The enlargement of 1973 22 The declaration of exclusive fisheries zones as of 1977 24 Relative stability and The Hague preferences 26 The basic allocation key 27 The Hague Preferences 28 The consolidation of relative stability 28 The regulations of 1983 29 Regulation 170/83 29 Regulation 171/83 30 What remains of the 1983 policy? 31 The 12]mile regime 31 Relative stability… 31 … But relative stability can change 32 …And relative stability can be adjusted annually: quota swaps 33 The application of The Hague Preferences 34 Notes 34 References 35 3 EU enlargement and the CFP 36 The first enlargements 36 The second enlargement: Greece in 1981 36 Spain and Portugal in 1986: a quantum leap for the CFP 36 The Treaty of Accession 38 The transitional period and the ‘Western Waters’ Regulation 38 The first adaptation in 1995 39 The end of the transitional period in 2002 39 The effort management scheme of the western waters 39 The biologically sensitive zone 40 The question of access 41 The other side effect of accession: the ‘quota hoppers’ 42 Implementation of the Western Waters Regulation 43 Other enlargements 43 Sweden, Finland and Austria in 1995 and the failed accession of Norway 43 The non]accession of Norway 44 The 2004 enlargement: new Baltic, Mediterranean and land]locked Member States 45 The enlargement of 2007: the Black Sea 46 Croatia in 2013 47 Notes 47 References 48 4 The conservation policy 49 Conservation: the core business of the CFP 49 TACs and quotas: the main conservation instrument of the CFP 50 The scope of TACs and quotas 51 TACs and scientific advice: a conflicting relationship 53 Improving TAC setting: from ad hoc discussions to the Policy Statement 55 New types of TACs 58 The elusive multi]species TACs 59 Enforcing TACs 61 Quota flexibility 62 From annual TACs to multi]annual plans 62 The case of cod 63 The reform of 2002 and the consolidation of long]term plans 65 Other long term plans 66 Other plans proposed by the Commission 69 The introduction of fishing effort as a management instrument 71 Cod recovery and effort management 71 The implementation of effort management 73 The future of effort management 75 Technical measures 76 Technical measures: are they just technical? 76 Some historical background 77 Gear characteristics 78 Minimum landing sizes: a difficult compromise 82 Closed areas/seasons as technical measures 83 Closed areas as a mainstream management instrument 85 Amending technical measures 85 Implementing technical measures 86 The future of technical measures 88 Is the CFP conservation policy a success? 88 The slow progress of the conservation policy 88 The Mediterranean 92 The contribution from long]term management plans 92 Linkages of the conservation policy with other policy elements 92 Leisure fishing 94 Notes 95 References 95 5 Fleet policy 99 The relationship between fleets and resources 99 Fleet capacity and fisheries management 99 Historical background: the first fleet policy 100 The multi]annual guidance programmes 100 MAGPs for the period 1983–1986 101 MAGPs for the period 1987–1991 101 MAGPs for 1992–1996: the Gulland report 102 The MAGPs 1997–2001: the Lassen report 103 Did the MAGPs work? 104 The modest objectives and their implementation 104 The measurement of capacity 105 The technological creep 106 The unpopular image of the policy 106 Other weaknesses of the MAGPs 106 From MAGPs to Member States’ responsibility: the policy since 2002 107 The new policy 107 Implementation 109 MAGPs versus Member State responsibility 110 Fleet and structural policy: have they helped each other? 111 Vessel construction and modernisation: a contribution to overcapacity? 111 Scrapping 112 Temporary laying]ups: an instrument to undermine fleet capacity adjustment? 113 Has the fleet policy delivered? 114 Is there an alternative to fleet policy? The case for rights]based management 115 Are RBM systems a panacea? 116 Notes 117 References 117 6 Structural policy 120 The structural policy: the oldest component of the CFP 120 The 43 years of structural policy 121 The first regulation in 1970 121 The second instrument in 1976 122 Structural policy and the birth of the CFP in 1983 122 The accession of Spain and Portugal and the new regulation in 1986 123 The first FIFG: 1994–1999 124 The second FIFG: 2000–2006 125 The European Fisheries Fund: 2007–2013 125 Implementation of the EFF 126 The new Regulation: EMFF 127 Has the structural policy resolved the structural problems of the CFP? 127 The evolution of the financial package 128 The results: a mixed picture 128 Processing industry 129 Ancillary industries and infrastructures 129 The development of aquaculture 130 The improvements in working conditions on board 130 Community]led local development 131 Contribution to the achievement of CFP objectives 131 Fisheries and subsidies 132 The fishing sector: a highly subsidised industry? 132 State aid 133 Indirect subsidies 134 The effects: subsidies and competitiveness 135 The ‘resource rent’ of the fishing sector in Europe 137 Is there a social dimension in the CFP? 137 The ‘invisible’ part of the CFP 137 Working as a fisherman in Europe 139 The social elements of the CFP 140 Notes 141 References 141 7 The external dimension 144 The last frontier of the CFP: external resources 144 The importance of the external sector 145 A stand]alone policy pillar? 145 The global governance of fisheries 146 The development of international fisheries law 146 Global governance 149 Soft law: FAO 149 Future prospects 150 The recognition of the Union as a world partner for fisheries governance 151 Multilateral management of fisheries 152 The Union in Regional Fisheries Management Organisations (RFMOs): the question of membership 152 The relationship between the CFP and global fisheries management 155 The contribution of RFMOs to the development of the CFP 156 What challenges for the RFMOs? 157 Are resources improving in RFMOs? 160 Other neighbouring relationships. Coastal states of the Northeast Atlantic: the case of mackerel 161 Bilateral fisheries agreements 161 Mutual access agreements 162 Agreements with trade concessions 164 Agreements with financial compensation 164 Private partnerships 165 Fisheries and international conflict: the Greenland halibut war 167 Notes 168 References 168 8 The mediterranean specificity 170 The CFP in the Mediterranean 170 A CFP in and for the North Sea and Atlantic 170 The Importance of Mediterranean fisheries 171 The Mediterranean specificity: myth or reality? 171 The status of Mediterranean fisheries 172 A different policy approach 175 The jurisdictional regime of Mediterranean waters 175 Fisheries management under the CFP 178 The 1994 Regulation 178 The 2006 Regulation 179 Implementation and enforcement 180 Multilateral management in the Mediterranean 181 The case of GFCM 181 ICCAT: the case of Bluefin tuna 182 The Black Sea: the new challenge of the CFP 185 Notes 186 References 186 9 Enforcing the CFP 188 The control pillar of the CFP 188 Why enforcement matters 188 The question of competence 189 The historical development of the control system of the CFP 189 1982: The first regulation 189 1987: The second regulation 190 1993: The third regulation 190 Further developments 191 The evaluation of the control policy 192 The difficulty of enforcing the CFP 193 The legislation 193 Member States’ control 194 The Commission’s role 195 The industry’s attitude 195 The issue of sanctions 196 Control as a key factor in the development of the CFP 196 A case story: control and effort management 197 Financing the control of the CFP 197 The new control regulation 198 Why a new instrument? 198 Regulation 1224/2009 199 Future perspectives 200 The international dimension of the control of fisheries 200 NAFO 201 NEAFC 202 Other cases 202 Control and the international ‘level playing field’: the IUU regulation 202 Control in a global context 202 The precedents 203 The IUU Regulation of 2010 204 Implementation 205 Possible future developments 206 Towards integration of the control of fisheries 207 European integration: EFCA 207 Sectorial integration: the opportunity of CISE 209 Policy integration – control and structural policy: conditionality 209 Notes 210 References 211 10 The scientific advice for the CFP 213 The CFP, a science]based policy 213 The sources of fisheries research to underpin the CFP 213 The sources of advice for the CFP 214 The basic data for science and advice 216 The processing of the data 217 The evolution of the scientific advice 218 From safe biological limits to maximum sustainable yield 218 From short to long term advice 219 Moving from single species advice 220 The case of ‘data poor’ stocks 221 The precautionary principle 223 The advice in the Mediterranean 223 Science and policy making: an often difficult relationship 224 Scientists and policy]makers: a different language 224 Science and political decisions 224 Fisheries science and enforcement 225 Science and industry: from mistrust to cooperation 226 The future scientific advice: new methodologies and new demands of the reformed CFP after 2013 226 Economic science in the CFP 227 Economic versus biological science in the CFP: closing the gap 227 The Annual Economic Reports 229 Economic analysis as a tool for fisheries management 229 Notes 230 References 230 11 Fisheries and the environment 232 Environmental performance of the CFP 232 The integration of environmental concerns in the CFP 232 What has been achieved 233 Fisheries and environment: a difficult relationship 234 Fisheries and the environment as complementary policies 234 Pelagic sharks 235 Whaling 235 Eels 236 Marine mammals 237 Seabirds 237 Environmental questions as drivers for fisheries decisions 238 Implementing environmental law through the CFP 239 Natura 2000 and the CFP 239 The ecosystem approach 241 Implementation in the CFP 241 Managing the ecosystem? 243 The Marine Strategy Framework Directive 244 The notion of ‘balanced harvest’ and the ecosystem approach 245 The ecosystem approach and maritime spatial planning 246 Notes 247 References 247 12 The stakeholders 250 The CFP and the ‘ivory tower’ effect 250 The Advisory Committee for Fisheries and Aquaculture 251 A historical background 251 The contribution of ACFA 252 Regional Advisory Councils 253 The precedents: regional workshops 253 The establishment of the RACs 254 The growth phase 254 RAC composition 255 Are RACs a success? 256 Non]governmental organisations 257 The precedents 257 From iconic species to mainstream fisheries 258 Widening the scope: from campaigners to formal stakeholders 258 Other consultations 259 Institutional consultations 259 Social dialogue 260 Consultations with the public at large 260 Note 260 References 260 13 The governance of the CFP 262 The CFP: a ‘central command’ policy? 262 The ‘micromanagement from Brussels’ 262 The ‘culture’ of the December Council 262 The psychology of decision making 263 Horse trading 264 ‘Paper fish’ and governance 265 Allocating national quotas: a Member State prerogative 266 Improving decision making 266 Front loading 267 The effects of the Policy Statement 267 Streamlining TAC decisions 267 Enlargement and decision making by Council 268 The CFP, a complex policy 268 The ever increasing complexity 269 The number of regulations 270 Duplication of management instruments 271 The number of Member States in Council 272 The Treaty of Lisbon and co]decision 272 Co-decision and simplification 272 Co-decision and societal interests 274 Council versus Parliament: Articles 43(2) and 43(3) 274 Co-decision and regionalisation 275 Non-legislative elements for decision making 275 Is co-management an option for the CFP? 276 Notes 277 References 277 14 Aquaculture 278 Is aquaculture part of the CFP? 278 A unique part of the CFP 278 Some facts and figures on aquaculture in the EU 278 The evolution of the EU policy in promoting aquaculture development 279 EU legislation and aquaculture 280 Aquaculture as part of the structural policy of the CFP 280 Aquaculture and environmental policy 280 Aquaculture and sanitary policy 282 Aquaculture and research policy 283 Alien species in aquaculture 283 Stakeholders 283 The aquaculture strategies 283 2002: The first strategy 284 2009: The second strategy 284 2013: The strategic guidelines 285 Aquaculture strategy and CFP reform 285 What future for European aquaculture? 286 European aquaculture: a unique mixture of strengths and weaknesses 286 The challenges 286 Notes 289 References 289 15 Reforming the CFP: 1992 and 2002 291 Reforming the CFP 291 The first reform: 1992 292 The context 292 The new basic regulation of 1992 293 Implementation of the first reform 293 The second reform: 2002 294 The context 294 Vessel construction 295 Long-term plans 296 Regional Advisory Councils 296 Other issues 297 What the 2002 reform missed: Maximum Sustainable Yield 298 The implementation of the 2002 reform 300 Note 301 References 301 16 The CFP reform of 2013 303 The context for reform and the Green Paper 303 The reform in 2012: the status quo is not an option 303 The Green Paper 303 The proposals 304 The impact assessment 304 The package 305 The discard ban 305 Why a discard ban? 305 Why a top]down approach? 306 The practical difficulties and the need for flexibility 308 Discard ban and TAC levels 309 Regionalisation 310 Regionalising the CFP: easier said than done 310 Regionalisation and national law: the need for delegated acts 310 Maximum sustainable yield 311 Accepting the principle 311 Is MSY a balanced objective? 311 MSY by when? 312 Which MSY: based on fishing mortality or biomass? 312 Why not Maximum Economic Yield? 313 MSY for mixed fisheries 314 Transferable fishing concessions and fleet policy 314 Why a system of transferable rights? 314 Why did TFCs fail? 315 The new fleet policy 316 Other issues in the basic regulation 317 The policy objectives 317 Long-term management plans 317 The composition of Advisory Councils 318 Integration of environmental concerns 318 Closed areas 319 Aquaculture 320 Control 320 Scientific advice and data collection 321 Small-scale fishing 321 Delegated and implementing acts 321 The external dimension 322 Contributing to long]term sustainability worldwide 322 The new market regulation 323 The new structural instrument: the European Maritime and Fisheries Fund (EMFF) 324 The proposal 325 The negotiation and the final regulation 326 Fleet measures 327 Aquaculture 329 Marketing 329 Outermost regions 330 Control and data collection 330 Processing industry 331 Social measures 331 Environmental measures 332 Other measures 333 Community-led local development 334 Integrated maritime policy 335 Conditionality 335 Investments by the Commission under direct management 336 The allocation of funds 337 Notes 339 References 339 17 What’s next? 341 Implementing the new CFP: a daily affair 341 Implementation of the MSY objectives 342 MSY in 2015 or 2020? 342 MSY proxies 342 MSY in multi-species fisheries 342 Implementing the discard ban 343 The necessary changes in current legislation: the ‘omnibus’ proposal 343 Improving selectivity: the next generation of technical measures 343 Preparing the future rules 344 The problem of ‘choke species’ 344 Facilitating the discard ban 345 Controlling the discard ban 346 Discard ban and conservation policy: a new paradigm 346 Regionalisation 347 Enhancing regional cooperation 348 Regionalisation versus harmonisation 348 The role of stakeholders 350 Long-term multi-species management plans 351 Planned versus bottom-up approach 351 What multi-species approach? 351 Scope of the plans 352 Other issues 353 Improving the scientific advice 353 Natura 2000 sites 354 Fishery Protected Areas: a lost opportunity? 354 The role of consumers 355 The future of management by fishing effort 355 The new CFP under co-decision 356 Co-decision and policy complexity 356 Adaptation of legislation 356 The role of the Commission 356 Will the new CFP prevent the ‘tragedy of the commons’? 357 Fisheries in a wider maritime context: integrated maritime policy 360 Blue growth 360 Maritime Spatial Planning 361 Marine knowledge 361 Some external challenges for the CFP 361 The effects of climate change 362 Possible increases in fuel prices 363 Possible changes in the ownership of the means of production 363 Possible changes in the world’s fisheries governance 364 Closing remarks 364 Notes 365 References 365 Glossary 367 Index 371

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