Reforming the Common Fisheries Policy

Reforming the Common Fisheries Policy

Jill Wakefield

This book takes a critical view of the policy and law governing EU marine fisheries and the effect of the 2013 reform of the Common Fisheries Policy (CFP). Reforms to the CFP are impeded by Treaty-guaranteed concessions, exemptions from general environmental legislation and the Court of Justice’s creation of principles unique to the sector. The author discusses how damaging effects of fishing could be ameliorated if the Court were to align fisheries principles with general principles of law, and considers the institutional and regulatory frameworks needed to encourage prudent resource use.

Chapter 5: Precautionary fishing

Jill Wakefield

Subjects: environment, energy policy and regulation, environmental law, environmental politics and policy, law - academic, environmental law, maritime law, politics and public policy, environmental governance and regulation, environmental politics and policy

Abstract

This chapter considers the precautionary approach to fisheries management set by international law and which underpins the management of EU marine fisheries. The distinction between the precautionary principle, a concept recognised in EU law but not international law, and the precautionary approach is analysed. The precautionary principle operates under EU law to protect against risks to human health and only applies to the environment if human welfare may be compromised. Even though the precautionary approach is understood not to require certainty of damage before the adoption of measures to restrict fishing, in practice, it is only applied where there is certainty that damage will occur. In its external fisheries policy, the EU evinces no inclination to promote the sustainability of the resource and exercise precaution in the negotiation of stock share and, instead, competes to maximise its own allocation. For its part, with regard to the CFP, the Court of Justice has refused to interpret the precautionary approach to give effect to the precautionary principle. The inability of the precautionary approach to ensure the sustainability of the resource is indicated by the intention to move to an ecosystem-based approach which is expected to establish an integrated approach to policy-determination. As the EU is committed to achieving the environmental objective of good environmental status for the seas, the ecosystem-based approach requires the introduction of an MSY standard for fish extraction. However, according to regulation, the negative impacts of fishing are to be minimised rather than avoided and ecological protections are required only within designated conservation areas or biologically sensitive areas.

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