The Net Effect? - Whale and Dolphin Conservation Society
The Net Effect? - Whale and Dolphin Conservation Society
The Net Effect? - Whale and Dolphin Conservation Society
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Irish <strong>and</strong> North Seas (ASCOBANS 2003d).<br />
However, the limited capacity of ASCOBANS<br />
to make commitments, or even influence<br />
policy, relating to fisheries management was<br />
highlighted at the Fourth MoP. It was emphasised<br />
in the resolution passed on incidental<br />
take that the European Community has exclusive<br />
competence for the conservation, management<br />
<strong>and</strong> exploitation of living aquatic<br />
resources in the context of the Common<br />
Fisheries Policy (ASCOBANS 2003b).<br />
5.3 Existing EU legislation<br />
5.3.1 Common Fisheries Policy<br />
<strong>The</strong> CFP has evolved through a series of<br />
developments, initiated by the signing of<br />
the Treaty of Rome which established the<br />
European Economic Community in 1957<br />
(Coffey 1995). Since this time, new Member<br />
States have joined the Community <strong>and</strong><br />
various regulations <strong>and</strong> agreements have<br />
been introduced shaping policy, for instance<br />
with regard to access to Member States’ territorial<br />
waters, 200-mile limits, <strong>and</strong> so on.<br />
In 1983, the introduction of Regulation<br />
170/83 established a twenty-year system for<br />
the conservation <strong>and</strong> management of fisheries<br />
resources in EC waters. A mid-term<br />
review of the CFP followed in 1992, <strong>and</strong><br />
resulted in a new system for fisheries <strong>and</strong><br />
aquaculture under Regulation 3760/92.<br />
In short, under the European Community’s<br />
Common Fisheries Policy (CFP) only the<br />
Community has competence in fisheries<br />
matters. This means that only the European<br />
Commission can propose new legislation on<br />
fisheries <strong>and</strong> only the Council of Ministers<br />
can adopt that legislation. Member States can<br />
(within limits) apply more stringent national<br />
rules to the activities of their own vessels <strong>and</strong><br />
within their own waters (DEFRA 2003).<br />
In 2002, a major review of the CFP was conducted,<br />
with an explicit objective to minimise<br />
the impact of fishing activities on marine<br />
ecosystems, <strong>and</strong> in particular non-target<br />
species <strong>and</strong> sensitive habitats (CEC 2002d).<br />
This resulted in the adoption in December<br />
2002 of a new Framework Regulation (EC)<br />
No. 2371/2002 on the conservation <strong>and</strong> sustainable<br />
exploitation of fisheries resources<br />
under the Common Fisheries Policy. Article 2<br />
defines the objective of the CFP as “to ensure<br />
exploitation of living aquatic resources that<br />
provides sustainable economic, environmental<br />
<strong>and</strong> social conditions”. It further states<br />
that “the Community shall apply the precautionary<br />
approach in taking measures<br />
designed to protect <strong>and</strong> conserve living<br />
aquatic resources, to provide for their sustainable<br />
exploitation <strong>and</strong> to minimise the<br />
impact of fishing activities on marine ecosystems.<br />
It shall aim at a progressive implementation<br />
of an ecosystem-based approach to<br />
fisheries management.”<br />
Among the many new provisions in the<br />
Framework Regulation are powers for the<br />
introduction of emergency measures. “If<br />
there is evidence of a serious threat to the<br />
conservation of living aquatic resources, or<br />
to the marine ecosystem resulting from<br />
fishing activities <strong>and</strong> requiring immediate<br />
action, the Commission, at the substantiated<br />
request of a Member State or on its own initiative,<br />
may decide on emergency measures”<br />
(Article 7). <strong>The</strong>se can last for up to six<br />
months (extendable for another six months).<br />
Similarly, if there is evidence of such a<br />
serious <strong>and</strong> unforeseen threat resulting from<br />
fishing activities in waters falling under the<br />
sovereignty or jurisdiction of a Member State<br />
<strong>and</strong> where any undue delay would result in<br />
damage that would be difficult to repair, that<br />
Member State can take emergency measures,<br />
not exceeding three months (Article 8).<br />
To date, only three pieces of EU legislation<br />
have been introduced under the CFP that<br />
relate specifically to cetacean bycatch. In 1992,<br />
Regulation (EC) No 345/92 restricted the<br />
length of driftnets to 2.5 km. In 1998, the<br />
introduction of Regulation (EC) 1239/98<br />
provided for the phasing out of all driftnets<br />
<strong>The</strong> <strong>Net</strong> <strong>Effect</strong>?<br />
A WDCS report for Greenpeace<br />
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