Quo Vadis Common Fisheries Policy?

ERNESTO PENAS LADO, is retired. He worked for nearly 30 years at the Directorate for Maritime Policy and Fisheries of the European Commission in Brussels, Belgium.

• Preface xiiiAcknowledgments xvDisclaimer xvii1 The common fisheries policy: stability or change? 1Introduction: fisheries, a conservative world 1A distributional policy 1Policy change vs. policy stability 2Why do policies change? 4Legal change vs. policy change 4Does the CFP change too much or too little? 6Policy rigidity vs. policy flexibility: why is the CFP so rigid? 7Policy implementation and policy change: the challenge of implementing the 2013 reform 8The challenges of implementation 9The CFP’s legendary bad press 9The reformed CFP: success or failure? 10The notion of “policy success” in fisheries management 10Policy results: how good are they? 13Improving reporting of policy performance 18If the CFP is not so bad, why advocating policy change? 22References 232 The objectives of the CFP 25Introduction 25The common fisheries policy in the Treaty 26Fisheries policy: a multi-objective policy 26The objectives in Article 39 of the Treaty 26Other legal principles applicable to the CFP 27Policy objectives in other countries 28The United States 29Australia 30New Zealand 31Norway 31The case for full exploitation of fishery resources 32Preventing overfishing or fully exploiting? 32Is under-exploitation positive? 32Is under-exploitation a realistic scenario in the CFP? 33The example of the US 33Under-exploitation in the EU? 34Under-exploitation vs. over-exploitation 36The consequences of under-exploitation 37The effects on other marine areas 37The effects on land: is livestock production better than fishing? 37The public debate 38Are the fishery objectives of the new CFP too rigid? 39The lessons from the US system 39Socio-economic objectives vs. biological delivery: should the policy establish specific socio-economic targets? 40References 413 Implementing maximum sustainable yield 43What is maximum sustainable yield? 43Defining MSY 43MSY in the reformed CFP 44MSY in international law 44MSY and the Treaty 45Is maximum economic yield a better option? 45An area around MSY 46MSY as biomass or as fishing mortality? 47Introduction 47Bmsy as an “aspirational objective” 49The interpretation by environmental NGOs 50Single stock objectives in the marine ecosystems: can all stocks be “above Bmsy” in mixed fisheries? 50Bmsy, an elusive parameter 51The US system 51Estimating Fmsy 52Single-stock Fmsy vs. ecosystem-based Fmsy 52Proxies for data-poor fisheries 52Alternative approaches: escapement strategies 53Fmsy as a target or as a limit? 53The notion of risk in fishery management 54The US case 55Fmsy: a point value or a range? 55Background 55The case for fishing mortality ranges 56F ranges: handle with care. Are they precautionary? 58The on-going experience: MSY in multiannual management plans 58F ranges and the choke species problem: the Baltic precedent 58The consolidation of F ranges 59The safeguards: biomass thresholds 60Should all plans reproduce that precedent? 60Fmsy for all stocks: what does it mean? 61Data-poor and secondary stocks: manage them to MSY? 61Introduction 61Which stocks to manage? 62Are the EU-managed stocks the right ones? 63Problem stocks 66References 674 The challenge of mixed fisheries 71Mixed fisheries in the new CFP 71Can MSY be achieved for all stocks in mixed fisheries? 71Mixed fisheries and choke species 72Choke species: some experience outside the EU 72Choke species under the new CFP 73Alternative management approaches for mixed fisheries 75Multispecies approaches 75What potential for multispecies models? 75Pretty good yield 76The Fcube model 77Multi-stock reference points 78Managing stock aggregates? 78How much can we sacrifice weak stocks? 79An ecological cap on TACs? 80Trophic models 81Multispecies models and trade-offs: is multispecies management compatible with relative stability? 82Is multispecies management compatible with the objectives of the CFP? 83Can associated species in mixed fisheries be dissociated? 84The US experience in dissociating stocks 84How to dissociate stocks in mixed fisheries in the EU? 85References 885 Achieving policy objectives in Mediterranean fisheries 91MSY and Mediterranean fisheries 91Time to catch-up 91The status of Mediterranean fisheries 92Sustainable overfishing? 93Economic performance 94The Mediterranean specificity 94Global warming: a game-changer 95Can MSY be achieved by 2020 for all stocks in Mediterranean fisheries? 96The point of departure 96What stocks to manage in the Mediterranean? 97A focus on EU stocks 98Avoiding “cut and paste” approaches 98A fishery approach? 99Streamlining scientific advice 100The need for a “client” for the scientific community 100Data poor stocks and MSY proxies 101Revising stock boundaries 102The CFP and GFCM 103What instruments to use in Mediterranean fisheries? 103Fishing effort plans 104TACs 104The multispecies approach: a better alternative for the Mediterranean? 105Closed areas 105Mesh sizes 106The transition: a buy-out scheme for Mediterranean fisheries 107References 1086 The landing obligation 111The CFP and the problem of discarding 111Discarding in the CFP: how much? Why? 111The 2013 policy on discards 112A critique of the landing obligation of 2013 113Discards and direct human consumption 114What other countries do on discarding 115The US case 115Norway 116Iceland 117The effects of a non-discard policy 117Biological effects 117Economic effects 118Choke species and the “perfect storm” of 2019 120Relative stability as a contributor to choke species 120Quota swaps as a possible solution 121How efficient is the quota swap system? 121Are quota swaps increasing to facilitate the discard ban? 122Can quota swaps be enhanced? 123The flexibility mechanisms 124The de minimis allowance 124The survival exemption 124The cross-reporting of catches 125Ex-ante and ex-post quota adjustments: banking and borrowing 125Other possible elements of flexibility 126TAC uplifts 126Reducing minimum conservation reference sizes? 127Working on the fringes of relative stability? 127Other possible mechanisms 128Implementing the landing obligation in practice 129By-catch avoidance: mitigation 129Controlling the landing obligation 131What to do with unwanted fish? 134The need for monitoring 135Is the landing obligation economically viable? 136References 1377 Beyond single-stock TACs: the other instruments of the CFP 141Management by single-stock TACs 141The advantages of TAC management 141The limits of TACs as an instrument 141Other instruments available in the CFP 142Effort management 142Is effort a good management instrument? 143The Faroese system as an example 143The experience of effort management in the CFP 144Effort management and technological creep 147The potential for a (different) effort management in the CFP 148Technical conservation measures 149The objectives of TCM 149The difficulty in increasing selectivity 150Technical measures in the new CFP 151Mesh sizes 152Closed areas/seasons 152Minimum conservation reference sizes 155Technical measures and the landing obligation 157References 1588 Fisheries and the environment 161The CFP and environmental policy 161Introduction 161Incorporating environmental concerns into the CFP 162Overlapping legislation 163The dichotomy between fisheries management and environmental protection: the case of sharks 168Sharks: protect or manage? 168Shark finning 169Some ideas on management 170The effects of fishing on the environment 171Fishing: the evil of the seas? 171Fishing down the food web? 173Does sustainable fishing increase productivity? 173Preserving marine biodiversity 174How to measure biodiversity: existing indicators 174Protecting biodiversity on land as a comparison 175Marine Protected Areas: the ultimate instrument? 177How to evaluate the preservation of biodiversity: the notion of ecosystem services 178The ecosystem approach 179The ecosystem approach and the CFP 180Ecosystem-based fisheries management 181A test case: managing forage fish 182What future for ecosystem-based management in the CFP? 183A provocative idea: balanced harvest 184Is selective fishing always a good idea? 184The notion of “balanced harvest” 185Is balanced harvest applicable in practice? 186References 1869 Fisheries governance and the CFP 191The evolution of governance under the CFP 191Introduction 191The balance between discipline and flexibility 192Policy flexibility: the example of the United States 193Can the CFP be more flexible? The notion of “level playing field” in the CFP 193The new paradigm of the CFP: regionalization 194The example of the US: a regionalized fisheries policy 194Regionalization of the CFP: the experience of discard plans 195The role of stakeholder bodies 196The example of the US: what can we learn from the US Regional Councils? 196The EU’s Advisory Councils’ structure and composition: are they equipped to do their job? 199A note on consensus: is this the best method? 200Are the ACs worth the investment? 200The role of Producer Organizations 201Environmental NGOs and the CFP 202NGOs and legitimacy: funding 203NGOs and their influence 204NGOs and Advisory Councils 205Is cooperation between industry and NGOs possible? 206The role of science 206The new CFP and fisheries science 206Improving scientific advice 207Data and science 208Streamlining the evaluation process: stock prioritization 209Science and the management system 210Economic advice 213Science in the information age 214The role of consumers: certification systems 215The case of MSC 215The dolphin safe certification 216Other certification systems 216Public or private labels? 217What to certify in the future? 218Governance in the reformed CFP: the example of multiannual plans 218Background 219Multiannual plans and the role of the institutions 219How has co-decision fared for the CFP? 220Addressing variability and uncertainty 222Communicating the uncertainty 224Spatial dynamics 224A governance system that quickly incorporates variability 225How to make the CFP more adaptive to variability and uncertainty? 226Policy monitoring: from description to causality 227Policy complexity: can the CFP be simplified? 228Is policy complexity inevitable? 228The complex political/geographical/jurisdictional context 229The evolution of the decision-making workflow in the CFP 229The example of the US 230Can regionalization reduce complexity? 231Can guidelines replace regulations in the CFP? 231Changing the paradigm: from prescriptive to collaborative governance 232Results-based management 232Does the CFP have the structures for collaborative management? 232Creating trust 233References 23410 The CFP and international fisheries 237The external dimension as an essential part of the CFP 237Introduction 237The EU as the crucial actor in international fisheries governance 238The external dimension of the CFP and international governance 239Marine Protected Areas: the miracle instrument? 240MPAs: what objectives? 241The Aichi targets 242The notion of “ocean grabbing” 243The ultimate MPA: a ban on high seas fishing? 244High seas fishing: economic nonsense? 245A ban on high seas trawling? 245International governance and developing countries 246International fisheries governance: a rich country’s agenda? 246Capacity building 247Fight against poverty 247Access to fishing rights 248Large-scale MPAs and developing countries 249Global fleet capacity 250A problem of global governance 250The Kobe process 250A key factor: the allocation of fishing rights 251Fisheries enforcement at global level: fighting against illegal fishing 252Introduction 252The success of the EU IUU policy 253A multilateral IUU policy 253What future for the fight against IUU fishing? 254The improvement of RFMOs 255Why RFMOs are so important 255The necessary improvements 255NEAFC and the “coastal states arrangement” 259The changes in the traditional status quo of the oceans 259The increasing privatization of the world’s oceans 260The emergent fishing nations 260References 26111 The missing elements of the 2013 Policy reform 265What the 2013 CFP reform missed 265The issues beyond the “big four” 265Rights-based management 265Is rights-based management good or bad? 266Why did TFCs fail in the 2013 reform? 267The experience of third countries 268The experience of some EU Member States 271Rights-based management and discards 272Is there a market of fishing rights in the EU? 272Small-scale fisheries: no specific policy 273Defining small-scale fishing: more difficult than it seems 274What small-scale and large-scale can provide 275The comparative impacts of small-scale vs. large-scale fishing 275What can we learn from aboriginal fishing rights? 276The fisheries control system 277The dichotomy between EU policy and national control 277Harmonization of sanctions? 278Enhanced powers for EFCA? 279The control of the landing obligation: a test case 279The management system: is cost-recovery possible in the CFP? 280Is self-control an option? 281Fleet policy: does it still have any sense today? 282Background 282Fleet policy in the 2013 reform 282The US case 283Are capacity ceilings limiting anything? 283Is there a case for fleet policy? 284The EMFF: an instrument to accompany the reform? 285Some positives . . . 285. . . and some negatives 285The structural measures of the US as a point for reflection 286References 28712 The global context: emerging challenges 289The status of the world’s fishery resources 289The Pauly/Hilborn controversy 289So, who is right and who is wrong? 291The case of the EU 293Does fisheries management work? 294The “perfect protein”: can the world afford to under-exploit its fishing opportunities? 295Hunger and poverty: fish consumption and the global demand for fish 295Are the land-based alternatives better? Protein from livestock 295A question of equity: the notion of “leakage” 296Fisheries: a key component of future diets 297Aquaculture: the seafood of the future? 298Aquaculture and capture fisheries: are they compatible? 298Is aquaculture ecologically sustainable? 299Fisheries and employment 302Employment at sea 302The property of the means of production: who owns the fishing rights? Does it matter? 304Why the structure of property matters 304What possible effects on management? 305Climate change and fisheries management 305Global warming and the oceans 306Global warming and food production 307The effects of climate change on fisheries and aquaculture 308How to address the problem: the case of Alaska 309Marine pollution: the example of micro-plastics and marine resources 310Distribution and incorporation to the food chain 310The effects of micro-plastics on consumers 311What to do? 311Fisheries in the information age 312The influence of the information society on policy making 312The bad image of industrial fishing 313References 31413 Adapting the CFP to emerging challenges 317Adapting the CFP beyond reform 317Emerging challenges and the value of long-term strategic thinking 317Adapting the CFP to climate change 318The evidence of climate change in EU fisheries 318A case study: Atlantic cod 320The consequences of climate change in the CFP 320The US example 321A strategic plan to adapt the CFP to climate change 321More food from the sea 323Seafood vs. land-based food 324Is the EU producing enough food from the oceans? 324Some background 324Are there untapped fish resources? 326Exploiting the lower trophic levels 327Improving quota consumption 327Changing the policy paradigm: a policy based on exploiting the surplus of the marine ecosystem, not individual stocks 327Developing new aquaculture practice 328The integration of fisheries policy into a wider policy context 328The wider notion of fisheries management 328The relationship between fisheries and other economic sectors 329The challenge of science vs. social influence 329Bridging the chasm: a “new deal” between the fishing industry and environmental NGOs? 330Recreational fisheries in Europe 331The US case 332References 33314 Some ideas for the next CFP reform 335A vision of the future CFP 335The 2009 vision: is it still valid today? 335New elements of a vision of the future CFP 335New policy objectives 336An improved governance system 337A more flexible, adaptive CFP 337A new legislative culture: concentrating on political objectives, not on micro-management 338A new decision support framework 339The future of regionalization 339The notion of co-creation and the “irrational” part of decision-making 340Creating breathing space for the ACs 340A new structure for an enhanced role for the Advisory Councils 341Relative stability: why it should evolve 342Why question the CFP’s cornerstone? 342Are individual annual quotas under relative stability biologically and economically rational? 343An enhanced market of fishing rights among Member States 344A European market of fishing rights? The case of milk quotas 345Evolution through adjustment 347A revamping of relative stability: from single-stock shares to combined shares 350The Mediterranean: a new management paradigm 351Should the CFP manage recreational fishing? 351What future for the fishery structural funds? 352An instrument to promote policy change, not to maintain the status quo 353What structural funds for the future CFP? 353Introducing market mechanisms in the CFP? 356An alternative approach: RBM partial and optional 357A specific policy for small-scale fishing? 357A reformulated discard policy 358New objectives 358Accepting (while discouraging) over-quota landings 359Do we need to change the basic regulation? 359Policy changes not requiring legislative change 359Policy changes requiring clarification or interpretation 360Policy changes requiring legislative change 360References 360Glossary 363Abbreviations 365Index 367