WP 10

Legal Aspects

D 10.1 Overview of relevant fisheries legislation and implementation (10)

D10.2 Fisheries legislation and implementation in Brasil and (probably) Peru (13)

D10.3 Fisheries legislation and implementation in Namibia (13)

D10.4 Fisheries legislation and implementation in Indonesia (13)

D10.5 Fisheries legislation and implementation in the EU; synthesis of D 10.2,3,4 (19)

D10.6 International and national law on “Nourth/South” access to resources and benefit sharing (31)

D 10.7 Overall synthesis; recommendations (32)

Issues cross cutting the individual studies

2 Strategies of the Law

• Allocation of property rights in resources (sovereign rights, dominium)

• Regulation of exploitation (jurisdiction, imperium)

• Regimes differing in the coastal zone, EEZ, continental shelf, and high seas

Sustainability in the Global Dimension

Consumers,fishermen, food industry

of the South

Environment protection:preservation

of fish resources

Consumers,fishing & food industry

of the North

Tension Exploitation/Management

Management

Exploitation

The 4 P´sPull: >high demandPush: >local and industrial fisheriesPromotion (by law): >structural policy >sales and price guarantee

Protection (by law): >protected zones >catch quota >fishing rules

Shift of Exploitation Pressure Towards the South

EU Com m on F ishery PolicyPromotion of fisheries

• structural policies• market organisation

Fisheries Management

Dem and of thefood industry of the North

Third country developm ent interests

Pressure on third country resources

Sources of Law Related to Fisheries

International Law

BindingUNCLOS 1982

1995 Straddling Stockse.g. North East Atlantic Fisheries Convention

Regional Law (e.g. EC)

EC pooling national sovereignty

Member of international treaties

Law of National States

National fisheries laws

Members of international treaties

Non-Binding

FAO Code of ConductAgenda 21

Legal approaches to sustainable fisheries

•Matching pressure on and protection of fish resources within national systems

•Matching North/South interests with a view to sustainability of fishing

Matching pressure and protection

-Data base on ratifications and legislation-Country studies Brasil, Peru, Namibia, Indonesia, EU-Comparison and synthesis and recommendations

Matching North/South interests

-Study on international agreements, private law contracts, national foreign trade and investment legislation

- Evaluation and recommendations

Details on deliberables

D.10.1Data base on ratifications and legislation

> draw on existing data bases (fishbase, IUCN, FAO, Ocean Law, etc.)> Develop legal indicators> Apply indicators to selected countries

D. 10.2,3,4,5: Country studies

> Common list of topics

> Geographical, political, legal particularities

Common list of topics

• Overview of the environmental & socio-economic conditions

• Report on the legal regimes governing fisheries- International co-operations and agreements- Promotion - Management

• Empirical information on implementation & compliance

• Conclusions & Recommendations

EU common fisheries policy

To be studied as an example for – how to reduce promotional policies in order to facilitate management– how to improve management tools– TAC– MPA– Enforcement

Brasil

In depth case study on MPA based on a bottom up approach

Namibia

Indepth case study on promotional strategies (structural policy)

Access to Resources and Benefit Sharing Between the EU and Third

Countries

1. Shift of fishing pressure to “the South”• EU fisheries agreements• Effects of fisheries agreements• Coherence with other EU policies and

international agreements

2. Fish trade flowing from less-developed countries to the EU

Draft Outline for National Reports (EC, Brasil, Argentina, Namibia, Indonesia)

• I. Environmental and socio-economic background

• 1.      State of the relevant fisheries resources,

• 2.      Overview of multiple demands on the coastal zone and the socio-economic relevance of the fisheries

• 3. Perception/non-perception of basic fisheries issues (e.g. political debate and public awareness with respect to the state of the fishing industry,overfishing, exploitation of adjacent seas by foreign fleets, implementation and coherence of fisheries policies etc.).

• [A description of the characteristics of some main fisheries regions, as well as a general report on pertinent international, regional and also some exemplary national legal instruments will be elaborated by the Bremen team under D 10.1, in connection with a review of relevant literature.]

II. The legal regimes governing fisheries

1. Global and regional international legal instruments affecting the country concerned (the EU, respectively), including participation in Regional Fisheries Bodies,

2. Guiding principles in the relevant national fisheries regime,

3. Institutional/organisational structures (e.g. distribution of competences, participation, decentralisation, transparency, top-down/bottom-up approach),

4. Instruments promoting fisheries

a) structural policies (e.g. subsidies, funding new and the modernisation of vessels, adaptation of the fleet to the resources available for fishing, inter

alia through the scrapping of vessels, aids for local cooperatives, funding of fisheries in less developed regions, downstream (indirect) promotion, such

as subsidies for building ports or promotion of processing and marketing sectors),

b) market organisation (e.g. price guarantees and stabilization of prices), an

c) coherence with pertinent international agreements

5. Instruments managing fisheries

a) access and catch restrictions, technical measures under national law (e.g. licensing systems, rights-based management systems, restrictions on numbers, sizes etc. of vessels, TACs and TAQs, taxation, fishing gear, protected areas, stakeholder involvement, aspects of integration of multiple demands on coastal zones)

b) Impact of and coherence with pertinent international agreements and organisations

6. The national management system as applied in relation to the unsustainable impact of the “North”

a) Fishing by EC/North American/Japanese fleets

b) Purchase of fish by EC/North American/Japanese food companies

III. Empirical information on implementation and compliance

1. information on promotion (e.g. who actually receives how much money?, how do subsidies affect the fishing industry, trade, local communities, TACs, fish stocks and the environment?, fleet statistics etc.),

2. information on management (e.g. monitoring and surveillance of catches, landings, gear, IUU fishing)

3. analysis of the divergence between ‘law in the books & law in action’.

IV.Conclusions

1. Coherence of the national legal regime governing fisheries (e.g. with respect to promotion versus management policies)

2. Conclusions on basic fisheries problems as identified under I. 3

3. Impact of attitudes of consumers and food industry (e.g. labelling, industrial quality standards, possible chances of consumer awareness)

4. Reform perspectives