The UK and UNCLOS: Five Years On Fisheries

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The UK and UNCLOS Five Years OnFisheries

• Chris Hedley
• Trainee Barrister
• Editor, OceanLaw (www.oceanlaw.net)

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Overview

• recent trends in the UK fishing industry
• UK role in fisheries management
• CFP
• UK overseas territories
• Recent developments in international fisheries
  law
• UN Fish Stocks Agreement
• FAO Plan of Action on IUU Fishing
• CFP reforms
• Conclusions

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Fisheries in the United KingdomUK Landings by UK
vessels (2001)
Source SEAFISH, United Kingdom Seafood Industry
Annual Statistics 2001, (Edinburgh, 2002)
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Fisheries in the United KingdomLandings Abroad
by UK vessels (2001)
Source SEAFISH, United Kingdom Seafood Industry
Annual Statistics 2001, (Edinburgh, 2002)
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Fisheries in the United KingdomWorld catches 2000
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Fisheries in the United KingdomMiscellaneous
statistics

• Total value of landings 700 million
• landings in UK 422 million
• landings abroad 277 million
• Over 15,000 fishermen
• Regional importance of fisheries
• Most important regions Northeast Scotland,
  Humberside, Southwest England
• Most important fishing ports Peterhead,
  Lochinver, Fraserburgh, Scrabster, Lerwick
  (Shetland)

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Fisheries managementRole of the EC

• Exclusive EC competence in fisheries
• Member States shared/exclusive competence in only
  a few matters
• enforcement
• registration of vessels
• determination of zones of national jurisdiction
• scientific research

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Fisheries managementOverseas territories

• UK responsibility for overseas territories
• Several OTs around the world
• Atlantic/Caribbean Bermuda, Turks and Caicos
  Islands, British Virgin Islands, Anguilla
• Southeast Atlantic St Helena (and its
  dependencies Ascension Island and Tristan da
  Cunha)
• Antarctic/South Atlantic Falkland Islands, South
  Georgia and South Sandwich Islands
• South Pacific Pitcairn, Henderson, Ducie and
  Oeno Islands
• Indian Ocean British Indian Ocean Territory
• Participation in RFOs ICCAT, IOTC, CCAMLR,
  WECAFC
• signatory to SEAFO Convention

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Fisheries managementFalkland Islands

• Falkland Islands most important Overseas
  Territory
• FICZ established 1986 (150 miles)
• OFCZ established 1990 (200 miles)
• Cooperation with Argentina through SAFC
• cooperation on fishing levels/effort,
  conservation measures
• recent issues blue whiting, illegal fishing
• Multilateral agreement in future?

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Developments in international fisheries
lawUnited Nations Fish Stocks Agreement

• Four main elements
• general principles of conservation
• enhanced cooperation
• enforcement
• settlement of disputes
• Adopted in August 1995 entered into force on 11
  December 2001
• 31 parties - UK became party on 10 December 2001
• Considerable application to date
• Main problem is lack of participation
• EC not yet a party

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Developments in international fisheries lawFAO
Code of Conduct for Responsible Fisheries

• Adopted in 1995
• International Plans of Action
• Fishing Capacity
• Seabird Bycatch in Longline Fisheries
• Conservation and Management of Sharks
• IUU Fishing

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Common Fisheries Policy CFP reforms

• Green Paper and consultation launched in March
  2001
• first parts of a comprehensive package of
  proposals produced in May 2002
• new framework Regulation, Regulations amending
  existing structural policy and series of Action
  Plans and Strategies
• 17 components to reform package

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Common Fisheries Policy CFP reforms

• May 2002
• Framework Regulation
• Structural Regulation
• Action Plans on Environment and IUU Fishing
• Second half of 2002
• Action Plan to Counter Socio-Economic
  Consequences of restructuring
• Action Plan on Discards
• Action Plan on Mediterranean Fisheries
• Action Plan for Cooperation in Enforcement
• Action Plan on Improvement of Scientific
  Information
• Integrated framework for fisheries partnerships
• Communication on Transparency, Performance and
  Compliance
• Strategy for the Development of European
  Aquaculture
• End of 2002
• Code of Conduct for Responsible Fisheries in
  Europe
• Action Plan to improve Stock Evaluation in
  Non-Community Waters
• Communication on a Joint Inspection Structure
• Report on Economic Management

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Common Fisheries Policy CFP reforms

• TACs set within multi-annual management plans,
  based on scientific advice
• Measures to reduce discards emphasis on juvenile
  fish, sharks, dolphins and seabirds
• Removal of public aid for new fishing vessels
  Action Plan to deal with socio-economic
  consequences
• Better enforcement through a Joint EU Inspection
  Structure and tighter sanctions
• International aspects Action Plan on IUU Fishing
  and Strategy for fisheries development
  partnerships with third countries
• stakeholder involvement in decision-making

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Conclusions

• Many developments in fisheries since conclusion
  of LOSC
• Since 1997, most important developments
• entry into force of UN Fish Stocks Agreement
• efforts to combat IUU Fishing
• CFP reforms
• CFP reforms extensively reflect international
  developments but full implementation could take
  time
• UK involvement through EC and Overseas
  Territories