Unit 4. Fisheries Management I Outcome 5: Current fisheries management practises used in the Mediterranean Parts 1 and 2: Fisheries Management

Transcription

1 Unit 4. Fisheries Management I Outcome 5: Current fisheries management practises used in the Mediterranean Parts 1 and 2: Fisheries Management Extracted from: "Towards Sustainable Fisheries: Economic Aspects of the Management of Living Marine Resources. OECD 1997" and "Legal analysis of the measures adopted by mediterranean coastal states to minimize the impact od fishing activities on marine ecosystems and non-target species. Prepared by Philippe Cacaud." 1

2 Fishery management: The integrated process of information gathering, analysis, planning, decisionmaking, allocation of resources and formulation and enforcement of fishery regulations by which the fishery management authority controls the present and future behaviour of interested parties in the fisheries, in order to ensure the continued productivity of the living resources. Management objective: A formally established, more or less quantitative target that is actively sought and provides a direction for management action. Example: Achieving a 40% reduction in fleet capacity, or ensuring a competitive income for individual fishers. The FAO Code of Conduct for Responsible Fisheries provides that: Fisheries management should promote the maintenance of the quality, diversity and availability of fishery resources in sufficient quantities for present and future generations in the context of food security, poverty alleviation and sustainable development. Management measures should not only ensure the conservation of the target species but also of species belonging to the same ecosystem or associated with or dependent upon the target species (Article 6.2). It also provides that management maintains or restore stocks at levels capable of producing maximum sustainable yield, as qualified by relevant environmental and economic factors (Article 7.2). Management instruments Management instruments have been divided into output controls, input controls and technical measures. Output controls constrain the output (catch) of the fleet as a whole and/or the output of individual fishing units per trip and/or period of time. constrain the inputs used to produce catch. constrain the output which can be obtained with a given amount of inputs (for individual fishing units or for the fleet as a whole). The specific instruments considered are listed in Table 1. Output Controls Input Controls Technical Measures Total Allowable Catch (TAC) Limited Licences Size and Sex Selectivity Individual Quotas (IQs) and Individual Transferable Quotas (ITQs) Individual Effort Quotas Time Closures Vessel Catch Limits Other Gear and Vessel Restrictions Area Closures Table 1. Individual Management Instruments Individual Management Instruments Output Controls These measures include total allowable catch (or total catch quotas), individual quotas and vessel catch limits. TACS A total allowable catch (TAC) sets a maximum on the catch (generally total landed catch) allowed in the fishery for specific species, areas and time periods. Expected Consequences Good resource conservation is the expected consequence of the use of TACs, assuming that accurate information about stocks are available and that TACs are set and implemented accordingly. In the harvesting sector a heightened race to fish is the expected outcome. Shortened fishing seasons, 2

3 worsened product quality, increased by-catch and waste, less safe working conditions and more gear loss are expected as a consequence of the race to fish. Expected market outcomes include seasonal market gluts associated with low prices, excess harvesting and processing capacity, less availability of product, lower prices due to low quality. Social and administrative outcomes include lower enforcement costs and additional information demands to set TACs at appropriate levels. In addition the use of TACs may lead to a deterioration in statistical reporting and it may be difficult to determine when to close the fishery. Individual Quotas Individual quotas (IQs) restrict the catch of individual fishing units such that the sum of all individual quotas equal the total allowable catch quota. Individual transferable quotas (ITQ) are IQs which are transferable between fishers through markets. Expected Consequences Good resource conservation is expected from individual quotas. Expected harvest outcomes include the elimination of race to fish, improved safety at sea, by-catch reduction, reduced gear conflicts and gear loss, greater economic stability and improved quality of the fish landed. Anticipated market outcomes include the elimination of occasional market gluts. Expected social and administrative outcomes are industry resistance to introduction of individual quotas, initial allocation problems, and greater enforcement problems and costs. If the quotas are transferable (ITQs), lower operating costs, increased high grading and reduced fleet capacity are expected. Employment reduction, concentration of quota ownership and elimination of small boats are the expected social and administrative outcomes. Input Controls include limited licenses (which restrict the number of fishing units), individual effort quotas (which restrict the amount of gear in the water or amount of time gear spends in the water), and gear and vessel restrictions (which restrict the size and other dimensions of each fishing unit). Expected Consequences It is generally expected that license limitations will result in resource conservation. In the harvest sector it is expected that the race to fish will be somewhat mitigated, that prices and profits may increase, that there may be positive effects on the resource rent, and that harvesting costs will increase and over-capitalisation will occur if not limited by effective individual input and output controls. Little or no high grading and no mis-reporting of data are expected. Technical Measures Size and sex selectivity measures restrict the size and sex of fish that can be taken and landed (minimum mesh size, hook size, minimum fish sizes, catch of mature or egg bearing females). Time and area closures limit the time and place where fishing units can operate. Expected Consequences Gear and size regulations are expected to result in strengthened conservation, increased uncertainty regarding fishing mortality and improved resource stock, although this may not be the case in multi-species fisheries. More favourable resource outcomes are not expected, unless technical measures are used in conjunction with other measures, since they fail to control overall fishing efforts (i.e. the number of vessels or the amount of time they spend fishing). Anticipated harvesting outcomes include a potential increase in landings in the long run, fewer vessels, higher quality and the possibility of price and profit increases. Social and administrative outcomes include potentially high enforcement problems and costs. Institutional arrangements 3

4 Institutional arrangement at different levels of government, affect the outcome of management decisions by affecting the availability of information on which management decisions are made and the compliance with such decisions. Private or informal organisations at the local level can often enforce management rules, which are in general ineffective at the national level, through social control. On the other hand the state may be able to enforce other management instruments by using measures which are not available to private organisations. Enforcement possibilities available for national government cannot in general be used at the international level. The important and increasing international linkages, both through markets and the use of common resources, give rise to a number of important issues for international management which are absent or less important at the national level and at the local level. The different effects of institutional arrangements on reaching management decisions at the local, national and international level have been considered. These include co-management (i.e. the dynamic concept of sharing management responsibility between government and the fisheries sector) at the local level, user participation at the national level and international agreements at the transnational level. Management at the local level A significant advantage of co-management systems is the ability to take advantage of local knowledge about stock dynamics and ecology. Local knowledge has developed over time and is a valuable substitute or complement to biological data derived from centralised programmes. Other advantages include the ability to preserve artisanal fisheries and the flexibility to adapt with short notice to changing management objectives and fishery conditions. Highly migratory stocks are likely to require larger management areas and more complex management agreements between different fishing communities. In some cases, ITQs and co-management were found to strengthen each other. Co-management may assist in successfully implementing market based management measures (ITQs). Management at the national level Although management at the national level is in general a government responsibility, the evidence suggests that user participation (information, consultation) is important for the outcome of management measures at this level. It is becoming increasingly evident that a necessary condition for successful fishery management is industry support for the programme. Without widespread industry support a fishery management programme has little chance of success. Fishers comply with laws and regulations that are "1egitimate". The vast majority of compliant behaviour is the result of social considerations rather than enforcement. Coercion or the threat of sanctions are usually not the principal factors influencing an individual's compliance decisions. Ways suggested to obtain industry support for regulations include involving fishers in the development and implementation of regulatory policy. In some countries, for example, the management authority has set up industry advisory committees which has resulted in industry feeling that the management rules are their own. Keeping regulations simple with a clear connection to conservation goals, and equitable application of regulations and enforcement are also believed to be important for securing industry support. 4

5 Management at the International Level The management of fish resources by international organisations is in general more difficult than at the national level. It requires the recognition that the possibility of multiple users with potentially different management objectives and preferences may lead to conflicts which are less easily resolved than at the national level. In addition international bodies generally have limited enforcement possibilities. The effectiveness of many international fisheries bodies is undermined by unregulated fishing by non-contracting parties to fishing agreements. This situation weakens international conservation and management efforts, since responsible states cannot reap the benefits from earlier conservation measures. Most of the evidence, drawn from the experiences of selected international fisheries organisations, indicates that many resource stocks have not been effectively conserved and managed due to the failure to control fishing effort. This is true for both transnational fish stocks and straddling and highly migratory fish stocks. In the case of straddling and highly migratory fish stocks, the failure to control effort has been exacerbated by the presence of new entrants and non-parties to the agreements. Biological Characteristics Various biological characteristics such as high degree of species interactions, fish migration, and uncertainty concerning the productivity of the fish stock complicate the management tasks. Conservation and economic performance are therefore expected to be particularly problematic in such fisheries. Fisheries with a high proportion of multispecies groundfish often experience poor resource conservation and economic performance. In addition, relatively non-selective types of gear are used in these fisheries, with high by-catch and discard rates, further weakening management control of exploitation. In the case of stock interaction, no single management measure, or combination of measures, can achieve the optimal fishing mortality for each species separately. Almost any change in management measures will favour one species at the expense of another. Discarding, which is believed often to be the major component of by-catch, is a major problem in many fisheries. A recent FAO study provisionally estimated that global commercial discards amount to 27 million metric tons annually, totalling 27 per cent of the world catch. Highly variable stocks are problematic for management measures in terms of protecting the stocks from risk of collapse. High year to year variance in natural mortality and recruitment contribute to stock failures even with conservative management, particularly for short-lived species. Interaction with other species may also affect fishery stocks independent of fishing pressure, or as a result of fishing pressure on other stocks. Fisheries with non-migratory species are easier to manage than fisheries with highly migratory species and facilitate co-management arrangements at local level. Highly migratory stocks require larger management areas and more complex management agreements between different fishing communities. 5

6 Fisheries Management Practices in the Mediterranean Output Controls Input Controls Technical Measures TACs IQs and ITQs VCL Limited Licences IEQs Other Gear and Vessel Restrictions Size and Sex Selectivity Time Closures Area Closures Albania X X X X X X Algeria X X X X X Croatia X X X X Cyprus X X Egypt X X X X X European X X X X X X Union France X X X X X X X Greece X X X X Israel X X X X X Italy X X X X X X Lebanon X X X Libya X X Malta X X X X Monaco X X Morocco X X X X Spain X X X X X Syria X X X X Tunisia X X X X Turkey X X X X Albania Licensing system providing that every navigating vessel used for professional fishing, as well as any other entity exerting professional fishing without using any vessel, must have a license. There is maximum number of fishing licenses that can be issued yearly. It is strictly prohibited to use explosives, chemicals or other poisonous or noxious substances, or electric devices to catch fish. The use of certain types of luring devices is prohibited. Output controls Bivalve mollusks fishing activities are subject to daily vessel catch limits. Only fishing nets complying with certain mesh sizes can be used. The catching and selling of fish that have not reached the minimum legal size, is prohibited. Principal species have their minimum fishing size regulated. Areas closed to trawling (depths less than 30 m as well as some particular areas). As a general rule all fishing activities are prohibited within a one-kilometer radius measured from the mouth of all rivers as well as in communication channels linking lagoons to the sea. Bivalve mollusk fishing is subject to annual season closures. In addition, bivalve mollusk fishing is not permitted on Saturdays, Sundays and during official holidays throughout the year. It is strictly prohibited to catch sea mammals, some species of sharks, corals and sponges. Algeria Licensing system applicable to all fishing activities (whether or not using a vessel). Some fishing gears are forbidden. The use of dynamite or other explosive substances to catch fish is prohibited. Likewise, fishing by means of artificial light is unlawful as well as the possession on board 6

7 a fishing vessel of any gear that can be used for this type of fishing. The number of hooks that can be fitted on every longline is restricted. Purse seining and longlining are the only two fishing methods that can legally be used to catch highly migratory species. Output controls An individual quota system is established whereby no vessel can harvest more than 500 tons of highly migratory species annually. Mesh sizes are regulated. The taking, possession, transport, processing or sale of immature species is strictly prohibited. Consequently, all immature species that are caught must be immediately returned to their natural environment. However, a proportion of immature species of up to 20% of the total catch may be tolerated, where caught by non-selective gears. The use of driftnets is strictly prohibited within the coastal fishing area. Trawling is prohibited at depths less than 50 meters and in some particular areas regardless of their depth. Fixed nets shoul be set within at least 500 meters from the shore or any ports or mooring areas. Fishing is prohibited in protected areas, ports, mooring areas and in the vicinity of industrial or military zones. Fishing for highly migratory species must be exercised beyond the six-nautical mile area measured from the baselines. Two marine protected areas. Trawling within the coastal fishing area is prohibited from May 1st to August 1st each year. Highly migratory species fishing is not permitted from June 1st to July 31st. Croatia A permit system applicable to both commercial and artisanal fishing operations is established. There is a list of authorized fishing gear and equipment that can be used in commercial (both industrial and artisanal) fishing operations. No more than 500 hooks should be fitted on every longline. Several regulations determine the various kinds of fixed nets that can be used in Croatian waters and sets out their specifications. Minimum legal size of various species of fish and other aquatic species. Another regulation establishes trawl nets' specifications, prescribes the conditions for their use and determines fishing areas where trawling is permitted. Several National Parks were established. In these parks commercial and sport fishing activities are allowed under certain conditions in specific zones or not allowed at all. A closed season for fixed net fishing runs from 31 June to 31 August each year. Closed seasons for certain species of fish. Cray fish and sea cucumbers are given special protection. Cyprus and No fishing vessel should engage in commercial fishing without having obtained a license to do so. The use of dynamite or any other explosive substance and of any poisonous or noxious matter for fishing purposes is forbidden. The characteristics of nets (including mesh sizes), traps and longlines are regulated, as well as the conditions of their use. Egypt All fishing vessels operating within Egyptian territorial waters should be properly licensed. Areas wherein and fishing gear with which the vessel is authorized to fish must be inscribed on the license. Individual fishermen are not authorized to engage in fishing unless they hold a fishing card. 7

8 The use for fishing purposes of any explosive, poisonous or noxious substances is strictly prohibited. Modification of a vessel s fishing capacity through the increase or decrease of engine power is subject to the authorization of the fisheries management. The number of fishing licenses to be issued in respect of every class of vessels and fishing area is limited. A vessel should not be transferred from one fishing area to another without having been authorized to do so by the fisheries management authority. Trawlers licensed to fish in the Gulf of Suez and the Red Sea are not allowed to operate in the Mediterranean Sea. The use of nets is not permitted within port areas. In order to protect the sponge fishery, trawling in the Mediterranean Sea is prohibited in some areas. As of yet, no marine protected area has been created in Egyptian waters in the Mediterranean. Use of nets, including trawl nets, is prohibited from 1 April to 15 May. European Union Whereas the EU has general competence in the field of fisheries, member States may adopt such measures in waters under their sovereignty or jurisdiction where: - they involve strictly local stocks which are only of interest to fishermen from the Member State concerned, or they apply solely to the fishermen from the Member State concerned, - they are compatible with the objectives of the CFP and are no less stringent than the measures governing the conditions of access to waters and resources and of the pursuit of exploitation activities adopted. The licensing system applies to all Community fishing vessels operating in the Community fishing waters, including the Mediterranean, or in the waters of a third country or on the high seas. Special programmes designed to reduce the capacity or fishing effort for the fishing fleet of each Member State have been agreed upon on a country by country basis. The use for fishing purposes and the keeping on board of toxic, soporific or corrosive substances, of electric shock generators and of explosives is strictly prohibited. The use of encircling and towed nets set from a boat and operated from the shore (shore seines) must be prohibited as from 1 January 2002, unless it can be clearly established, on the basis of scientific data, that their use does not have a negative impact on the resources. Output controls It should be noted that the Community TAC and quota system did not apply to the Mediterranean until 1998 when, following the recommendations of the ICCAT and GFCM, the Community set out quotas for the bluefin tuna (Thunnus thynnus) in the Eastern Atlantic and the Mediterranean. With regard to bluefin tuna (Thunnus thynnus), the percentages allocated to Member States from the share available to the Community in the Eastern Atlantic and the Mediterranean (approximately 16,000 tons) are as broken down follows: France (33,89%), Greece (1,77%), Italy (26,75%), Portugal (3,23%), Spain (34,35%). Any fish, crustacean or mollusk should be deemed undersized if it is smaller than the minimum sizes specified in the legislation. The use of trawls, seines or similar nets is prohibited within three nautical miles of the coast or within the 50 m isobath where that depth is reached at a shorter distance. It is not permitted to set any type of encircling net within 300 m of the coast or within the 30 m isobath where that depth is reached at a shorter distance. Fishing with bottom trawls, seines or similar nets above the Posidonian beds (Posidonia Oceanica) or other marine phanerograms is prohibited. Member States are required to draw up a list of protected zones in which fishing activities are restricted for biological reasons specific to those zones and set out the types of fishing gear that may be used therein as well as the appropriate technical rules. The taking of bluefin tuna with an encircling net is prohibited from 1 to 31 May in the Adriatic and from 16 July to 15 August in the rest of the Mediterranean. 8

9 It is prohibited to fish for bluefin tuna using surface-set longlines from vessels greater than 24 m in length during the period from 1 June to 31 July each year. France France is a Member State of the European Union and is therefore subject to the CFP and relevant EU regulations described above. Member States bordering the Mediterranean Sea have exercised this power to regulate fishing activities in this fishing area as until 1994 the EU regulatory conservation and management framework did not fully apply to the Mediterranean. Vessels flying the French flag are required in accordance with EU regulations, to be properly licensed. A fishing capacity program designed to reduce the capacity of the commercial fleet to a level that is commensurate with the resource available has been established. A decree determines the types of nets, fishing implements and fishing methods that can lawfully be used in the Mediterranean Sea. Licenses for the fishing of Thunnus thynnus by means of seine in the Mediterranean are issued for a maximum of 164 days at sea in Output controls The number of licenses that can be issued every year for the fishing of Thunnus thynnus by means of seine nets in the waters under French sovereignty in the continental Mediterranean is limited. The minimum landing sizes of species of fish, crustaceans and mollusks found in the Mediterranean Sea are regulated. Of the seven national parks that exist in France, one includes marine waters. Fishing other than with nets or spear guns is generally permitted in the park. Several nature reserves including marine areas have been established in the Mediterranean waters under French sovereignty. Generally professional fishing is allowed in the marine zone, except in the part which is integrally protected. Spear fishing is strictly prohibited throughout the reserves. Incidental catch in excess of set quantities must be immediately returned to its natural environment. Greece Greece is a Member State of the European Union and is therefore subject to the CFP and relevant EU regulations described above. The use of nets of any kind exceeding 13 meters in length is strictly prohibited in this area. Nets minimum mesh size is restricted to 22 mm. The taking of any individual of Palinurus elephas and Homarus gamarus weighing less than 420 g and of berried lobster females is strictly forbidden throughout the year. Any berried lobster female that is caught must be immediately returned to sea. Fishing and placing on the market of lobsters of the species Palinurus elephas and Homarus gamarus are prohibited from 1 September to 31 December each year. Five categories of specially protected areas can be established, namely areas of strict natural protection, areas of natural protection, national parks, protected natural formations, and development areas. Israel The taking of fish within Israeli territorial waters is subject to a license regime. 9

10 The use of dynamite or other explosive substances, noxious or poisonous subtances, electric shockers, firearms, beach seines, dredges and rapido-type beam trawls for fishing purposes is strictly prohibited. The length of longlines and entangling nets are restricted. In order to control the fishing effort in waters under Israeli sovereignty in the Mediterranean, the fisheries management authority restricts the maximum number of fishing licenses that may be issued each year. As of writing, 30 licenses for trawlers and 350 licenses for inshore fishery are issued yearly. Only fishing nets complying with certain mesh sizes can be used. Main commercial species have their minimum fishing size regulated. Trawling is forbidden in the Mediterranean at depths less than 15 m. Use of nets, except cast nets or special nets for the catching of fry, within 100 m from the mouth of any river is subject to the prior approval of the Director of fisheries. Some particular areas are closed for fishing. To date, three nature reserves including marine areas have been established in the Mediterranean. Trawling in the waters under Israeli sovereignty in the Mediterranean is prohibited from 20 June to 5 August each year. It is prohibited to fish blind shrimps (Typhlocaris galilea) and marine turtles occurring within Israeli territorial waters. Italy As a Member State of the European Union, Italy is subject to the CFP and EU regulations applicable to the Mediterranean. A fishing license is required for every vessel operating within Italian waters. Fishing licenses are gearspecific thus only authorizing the use of the gear specified in the license. The use of explosives, noxious substances or electric shockers for fishing purposes is strictly prohibited throughout Italian waters. Recognizing the need to contain the level of fishing effort exerted by mid-water trawls, the issue of any new fishing licenses authorizing the use of this type of net is prohibited. Output controls Bivalve mollusks fishing is subject to daily catch limits. The use of bottom trawls equipped with leadlines whose diameter exceeds 40 mm in the Thyrrhenian Sea, excluding the territorial waters off Sardinia and Sicily is prohibited. Minimum landing sizes for fish, crustaceans and bivalve mollusks are regulated. Undersized specimens of fish, mollusks or crustaceans that are caught must be immediately returned to their natural environment, unless they account for less than 10% of the total catch. The taking of lobsters in the maritime district of Gaeta is prohibited from 1 September to 31 March each year. Two national parks comprising marine areas have been established. Fishing activities are restricted throughout the national parks. Seven sites have been designated as marine reserves. Marine reserves are divided into zones of protection. Typically, fishing is prohibited in zones of integral protection and subject to more or less stringent conditions in other areas. Closed seasons for molluscs have been established. The times of closure differ depending on the area (eg: Adriatic, Thyrrenian). The fishing of cetaceans, turtles and sturgeons is generally prohibited. Lebanon It could not be determined whether or not a licensing system has been established in Lebanon. 10

11 Use of sardine and chinchilla nets is prohibited within 1 km from the Lebanese coast. While it is not permitted to use sardine nets at depths less than 20 fathoms when fishing with light devices designed to attract fish, use of chinchilla nets at depths less than 25 fathoms is strictly forbidden. Use of these gears is not authorized from 1 July to 31 August and from 1 January to 31 March each year. The minimum mesh sizes for chinchilla and sardine nets are 8 mm and 6 mm. Use of dragnets is prohibited within 1 km from the coast and in the vicinity of spawning grounds. It is not permitted to use dragnets at depths less than 35 fathoms and during a two-month period from 1 July to 31 August. Their mesh size should not be less than 20 mm. At least two protected areas including marine areas have been established in Lebanon. The catching of turtles, whales and seals is strictly prohibited. Libya and No fishing vessel, whether national or foreign, must operate within Libyan territorial waters without having first obtained a license. Use of explosive, poisonous, or toxic substances for fishing purposes is strictly forbidden. Authorized gear and equipment, net specifications, and the minimum landing sizes of commercial species of fish and other aquatic organisms are regulated. No marine protected area has been identified in the Libyan territorial waters. Malta The Fish Industry Act, 1953 empowers the competent authority to prescribe the requirement of a license in respect of any skipper in charge of any class of fishing vessels. It is unlawful to use for fishing purposes poisons or any other noxious or toxic. A Government Notice establishes the list of authorized fishing implements and methods that can be used at any time and in all locations without a fishing license. Shrimp dredges must not exceed 3,10 m in length. The mesh size of seine nets must not be less than 8,5 mm measured when the net is wet. Shrimp dredges mesh size must not be less than 6,5 mm. The minimum mesh size for long pole net is restricted to 6,5 mm. The minimum landing sizes of several species of fish are regulated. Use of seine nets is prohibited within bays and creeks. However, special temporary permits may be granted for the use of such nets within the prohibited areas for the purpose of catching migratory fish. The use of shrimp dredges is permitted from 1 November to 31 January and outside localities where the use of seine nets is prohibited. The use of cast net is not permitted inside bays and harbors and its mesh size must not be less than 25,5 mm. Trammel and gillnets are not allowed to be used from 15 February to 15 July each year in those localities where the use of seine nets is prohibited. Although no marine protected area has been created to date, 14 sites were proposed as marine conservation areas in the Structure Plan elaborated in Monaco The use of explosives, drugs, firearms, or electric shockers in fishing operations is prohibited. The use of drifting gillnets and pelagic trawls throughout Monégasque territorial waters is forbidden. Monaco has created two marine protected areas. In one of this areas fishing activities are prohibited throughout the reserve. 11

12 A list of protected marine species has been established and includes marine mammals and groupers. It stipulates that marine mammals that are caught incidentally must be immediately released. Morocco A fishing license is required for every vessel operating within Moroccan waters It is prohibited to keep on board a fishing vessel and use knowingly any toxic substance or bait designed to poison or weaken aquatic, any firearms or explosive substance. Maximal length and height of surrounding nets in the territorial waters of Morocco are regulated. The use of surrounding nets in Moroccan territorial waters by fishing vessels exceeding 40 GRT is forbidden. The technical characteristics of fixed nets and the conditions of their use are regulated. Fishing with monofilament nets is prohibited. The taking of berried lobster females is strictly prohibited. Minimum landing sizes of several commercial species are regulated. Trawl nets mesh sizes used in the Mediterranean must not be less than 40 mm. Trawl nets must not be used within 3 miles from the coast in the Moroccan territorial waters located in the Mediterranean. As far as could be established, no protected marine area has been created in the Mediterranean Sea. (Al Hoceima??) The taking of mérou in the Moroccan territorial waters in the Mediterranean from 1 July to 31 August each year is prohibited Lamparo fishing Fishing with light is a collective fishing method involving a group of vessels carrying a maximum of 3 light-boats each. Each such light-boat is in turn authorized to be equipped with a maximum of 3 lamps fitted with no more than 3000 bougies so that the combining lighting capacity of every group of vessels does not exceed bougies. Lamps must only be turn on at the fishing. Net dimensions must not exceed 200 m in length and 30 m in height. The minimum mesh size of these nets is estricted to 15 mm (wet net). In addition, this type of net should not be used at depths less than 40 m. Fishing with light is generally allowed throughout the year from 9 p.m. to 4 a.m. in summer and 8 p.m. to 5 a.m. in winter. Spain As a Member of the European Union, Spain is subject to the CFP and EU fisheries regulations. The State (Central Government) has exclusive competence in the field of marine fisheries with respect to external waters, whereas Autonomous Communities are responsible for marine fisheries management within their internal waters. No Spanish fishing vessel is allowed to operate outside the waters under Spanish sovereignty or jurisdiction without having acquired a temporary fishing permit. Such permit authorizes the vessel in respect of which it has been issued to fish in specified area(s) and for a period not exceeding one year. The fishing effort in relation to the anchovy fishery in the Gulf of Leon is restricted. Fishing by means of bottom set longline in the Mediterranean is regulated. The use of such type of gear is restricted to vessels exceeding 9 m in length. No vessel may keep on board or use bottom set longlines exceeding 7,000 m in length and fitted with more than 3,000 hooks. Longlines cannot be set more than once a day. Fishing trips are restricted to a 24-hour period where the fishing area is located. The use of surface set longlines by vessels flying the Spanish flag operating in the Mediterranean Sea is regulated. The length of longlines and the number of hooks with which they can be fitted vary in relation to the targeted species. The fishing effort is limited to a maximum of 20 days at sea per month and per vessel. The lighting capacity of lamps fitted on supporting vessels involved in fishing by means of surrounding nets at night is regulated. It provides that no more than 12 bulbs, of a maximum electric 12

13 potential of 500 volts each, may be fitted on each supporting vessel, provided that the total lighting capacity of each such vessel does not exceed 6,000 volts. A royal decree sets out the minimum landing sizes of species of commercial. Sizes of hooks are also set in relation to the targeted species. Bottom set longline is authorized throughout the year unless closed seasons are declared by the Ministry responsible for fisheries. This administration may also delimit areas where fishing by means of bottom set longlines is the only fishing method permitted. Several marine protected areas have been established in the Mediterranean Sea. Tuna fishery All fishing vessels flying the Spanish flag targeting tuna and like species in the Mediterranean Sea, whether in waters under Spanish jurisdiction or sovereignty or on the high seas, be properly licensed. Tuna fishing is prohibited at depths less than 50 m except by means of pound nets and similar gear. No fishing gear fitted with hooks other than surface set longline, handline, trolling line, and pole-line with live bait should be used for the taking of the tuna mentioned species. Minimum hook sizes are regulated and set in relation to the targeted species. It should be noted that in 1997 Spain declared a protected fishing zone in the Mediterranean, extending 49 miles seaward measured from the baselines, in which it claims sovereign rights over the marine living resources occurring therein. Syria Any person who wishes to undertake fishing in the Syrian territorial waters is required to obtain a fishing permit. The use of inflammable material and electric shocker for fishing purposes is prohibited as well as the use of firearms at depths less than 6 m. The mesh sizes of fixed nets must not exceed 25 mm. Fishing activities are prohibited within 500 m from any permanent structures. No such activities can be undertaken in port areas, unless with a special authorization granted by the competent authority. Dragnets should not be set at a distance less than 3 km from fixed nets. It is prohibited to use dragnets at depths less than 25 m. The use of dragnets is prohibited from 15 May to 14 September. No marine protected area has been identified in Syrian territorial waters. Tunisia No fishing vessel is allowed to fish within Tunisian waters without having first acquired an authorization to do so. It is prohibited throughout Tunisian waters to fish by means of firearms, explosives, poisonous or noxious substances.. The use of dragnets (filets traînants) of the second category is prohibited throughout Tunisian waters, except for surrounding nets with a purse line. In order to allow the restoration of fish stocks in areas where signs of overfishing have been observed, the competent authority may, after consultation with the consultative commission, prohibit any type of fishing in such areas for a maximum period of three months. Fishing for octopus is prohibited throughout Tunisian waters from 16 May to 14 October each year. Two marine protected areas have been created in Tunisian waters. 13

14 Where caught, protected species must be immediately returned to their natural environment. However, small proportions of such species, to be determined by the competent authority, may be kept and landed. Turkey Exclusive fishing rights may be granted by the competent authority to cooperative associations, cooperatives or village unions through the leasing of marine areas. Fishing licenses are required for both individual fisherman and fishing vessels. Fishing by means of explosives such as dynamite, poisonous or noxious substances, electric shockers or percussive instruments and beach seines is strictly prohibited. Mesh sizes of nets are regulated. Minimum landing sizes for species of economic importance are regulated. It should be noted that proportions of undersized individuals, amounting to no more than 15% of the total catch for anchovy and to no more than 5 % of the total catch for other species mentioned above, are tolerated. Procedures to be followed in respect of incidental catch are the following: (i) live incidental catch must be immediately returned to sea; (ii) dead incidental catch is kept on board and submitted to the competent authorities which determine whether or not it can be sold. Area and time restrictions: both prohibited areas and closed seasons. It is generally prohibited to fish within 500 m from the mouth of a river. At least eight protected areas, including marine zones, have been established in the Turkish waters located in the Mediterranean Sea. It is strictly prohibited to fish dolphins, seals, sturgeons, turtles (Caretta caretta), sponges, sea horses, abalones, and red and black corals throughout Turkish waters. Regional Fishery Bodies General Fisheries Commission for the Mediterranean The GFCM was created in Rome by an agreement of 24 September It entered into force on 20 February 1952 and was amended in 1963 and As of December 1997, twenty-one Mediterranean and Black Sea States and one non-mediterranean State were members of the GFCM. The purpose of the GFCM is to promote the development, conservation, rational management and best utilization of living marine resources occurring in the Mediterranean, the Black Sea and connecting waters, both in areas under national jurisdiction and on the high seas. In order to achieve its goal, the GFCM can, by a two-thirds majority, adopt recommendations on measures for the conservation and rational management of living marine resources. These measures may regulate fishing methods and gear, prescribe the minimum size of species of fish, establish open and close fishing seasons and areas, and determine the amount of total catch and fishing effort as well as their allocation among member States (article III.1 (b)). Member States must give effect to these recommendations, unless they object to do so within 120 days from the date of notification (article V.3). It was not until 1995 that the GFCM formulated binding recommendations. It adopted ICCAT management measures regarding the taking and landing of bluefin tuna or Thunnus thynnus (Resolution No. 95/1). This resolution provides, inter alia, that: - large pelagic longliners exceeding 24 m in length will be prohibited to fish bluefin tuna (Thunnus thynnus) during the reproduction period from 1 June to 31 July; - the members of GFCM take all necessary measures to prohibit any taking and landing of bluefin tuna (Thunnus thynnus) weighing less than 6,4 kg. (It specifies that member States may tolerate small proportions of incidental catch of bluefin tuna weighing less than 6,4 kg, provided that they do not exceed 15% of the total catch of bluefin tuna); 14

15 Three other binding recommendations were adopted in Resolution No. 97/1 prohibits any vessel flying the flag of GFCM Contracting Party to keep on board, or use for fishing, one or more drifnets whose individual length is more than 2,5 km. It specifies that throughout the area beyond the 12-mile coastal band, the net must, if it exceeds 1 km in length, remain attached to vessel. The GFCM adopted a resolution reflecting ICCAT recommendation on the banning of purse seine fishing for bluefin tuna during the month of August each year and the use of helicopters and planes in support of fishing operations in the month of June (Resolution No. 97/3). Furthermore, the GFCM calls upon States which are not members of the GFCM, but whose vessels engage in fishing activities in the region, to become members of the GFCM or otherwise cooperate in the implementation of the recommendations adopted by the Commission. It also urges the Member States to report to the Commission on any fishing activities by vessels flying the flag of non-member States which undermine the effectiveness of GFCM recommendations (Resolution No. 97/2). International Commission for the Conservation of Atlantic Tunas ICCAT was established in 1969, at a Conference of Plenipotentiaries, which prepared and adopted the International Convention for Conservation of Atlantic Tunas, which was signed in Rio de Janeiro on 14 May It is designed to ensure the sustainable exploitation of Atlantic tuna and tuna-like species in the Atlantic Ocean and adjacent seas (article I) and thus applies to the Mediterranean. ICCAT, on the basis of scientific research conducted under its auspices, is empowered to make recommendations aiming at ensuring the maximum sustainable catch. These recommendations, if not objected to by a majority of Parties, bind all Parties, except those which register formal objections (article VIII). Principal recommendations applicable to the Mediterranean Sea concern bluefin tunas (Thunnus thynnus): Recommendation No. 74/1, which was adopted in November 1974, provides that Contracting Parties take the necessary measures to prohibit any taking and landing of bluefin tuna (Thunnus thynnus) weighing less than 6,4 kg and specifies that the Contracting Parties may grant tolerances to boats which have incidentally captured bluefin weighing less than 6,4 kg with the condition that this incidental catch should not exceed 15 percent of the number of fish per landing of the total bluefin catch of said boats or its equivalent in percentage by weight. Recommendation No. 93/7, which was adopted in November 1993, stipulates that during the period from June 1 to July 31 there will be no fishery using large pelagic longline fishing vessels greater than 24 m in length for bluefin tuna in the Mediterranean. Resolution No. 94/7, which was adopted in December 1994, prohibits the fishing for bluefin tuna in the Mediterranean during the period from 1 June to 31 July using large pelagic longline fishing vessels exceeding 24 m in length. Recommendation No. 96/2, which was adopted, in November 1996, prohibits purse seine fishing in the Mediterranean Sea during the period from August 1 to 31 and forbids the use of airplanes or helicopters supporting fishing operations in the Mediterranean Sea in the month of June. This recommendation was modified by Recommendation No. 98/6, which changed the purse seine closed season period from August 1 to 31 in the Mediterranean to May 1 to 31 for the Adriatic Sea and July 16 to August 15 for other areas of the Mediterranean Sea. Recommendation No. 96/3, which was adopted in November 1996, prohibits the retaining on board, landing and sale of age 0 bluefin tuna weighing less than 1,8 kg by fishing vessels of Contracting Parties and non- Contracting Parties. The minimum weight of bluefin tuna that can be retained on board, landed or sold was changed to 3,2 kg by Recommendation No. 98/4. Extracted from: "Towards Sustainable Fisheries: Economic Aspects of the Management of Living Marine Resources". OECD "Legal analysis of the measures adopted by mediterranean coastal states to minimize the impact od fishing activities on marine ecosystems and non-target species". Prepared by Philippe Cacaud. 15