The Code of Conduct for Responsible Fisheries (CCRF) provides that states should take measures to prevent or eliminate excess fishing capacity and ensure that levels of fishing effort are commensurate with the sustainable use of fishery resources.[26] Review of Mediterranean coastal states fisheries legislation shows that measures adopted by these states to achieve these goals can be divided into two broad categories, namely, core measures and subsidiary measures. Core measures are those designed to act directly on the intended goal, while subsidiary measures are those supplementing the core measures to strengthen their effectiveness.
In line with international fisheries instruments, fisheries policies that have been developed in the past decade in many coastal states have emphasized the need to control the level of fishing effort so as to adjust it to the availability of the fishery resource and to evaluate the fishing capacity of the national fleet to determine whether it should be reduced or could be increased under certain conditions. This section provides an overview of the core measures adopted by Mediterranean coastal states to tackle these issues (see Table 2).
Table 2. Principal measures for the management of fishing effort and fishing capacity
Country |
Restriction on the number of fishing licences to be issued |
TAC or Quotas |
Fishing Capacity |
Days-at-sea programme |
Albania |
Maximum number of commercial licences to be issued is fixed annually by the Ministry (Art.14 of Law No. 7908 of 1995) |
|
|
|
Algeria |
A freeze on the grant of any new fishing authorization for the taking of highly migratory species has been imposed since 1996 |
Any vessel authorized to fish highly migratory species is subject to an annual individual quota (Art.8 of Executive Decree No. 95-38 of 1995) |
Purchase, importation, construction or modification of any fishing vessel is subject to prior authorization (Art.46 and 47 of Law No. 01-11 of 2001) |
|
Croatia |
Minister is empowered to limit the number of commercial
fishing licences (Art.49 of MFA of 1997) |
Minister is empowered to establish TAC with respect to a specific area or zone and/or individual quotas per licence (Art. 49 of MFA of 1997) |
Minister is empowered to restrict the size and power of fishing vessels and the type and quantity of fishing gear (Art.49 of MFA of 1997) |
|
Cyprus |
Director of Fisheries is authorized to limit the number of fishing licences and restrict the amount of gear per licence (Sec.6 of FR of 1990)[27] |
|
|
|
Egypt |
The Minister is authorized to prescribe the number of licences to be issued in any specified area (Art.65 of Law No. 124 of 1983) |
|
Modification of any vessels engine power is subject to authorization (Art.46 of Law No. 124 of 1983) |
|
EU |
|
The Council is authorized to establish TAC and quotas (Art.8 of CR No. 3760 of 1992) In the Mediterranean, the Community quota system applies only to bluefin tuna as determined by ICCAT |
The Commission is required to establish for each Member State reference levels in GT and kW for the total fishing capacity of the Community vessels flying the flag of that Member State (Art.12 of CR No. 2371 of 2002). Entry/exit scheme to be set up by Member States (Art.13 of CR No. 2371 of 2002) |
|
France |
Competent authorities are entitled to set the maximum number of authorizations to be issued in each fishing zone (Art.6 of Decree No. 90-95 of 1990) |
The Minister is entitled to establish quotas for any species or group of species in internal or territorial waters (Art.16 of Decree No. 90-95 of 1990) |
Construction, importation, or modification of fishing capacity (power, tonnage) is subject to a special permit (Art.3.1 of Decree of 9 January 1852) |
Days-at-sea programme was established in the Mediterranean (excluding Corsica) for the taking of bluefin tuna by means of surface seine nets by professional fishers (Order of 11 April 1997) |
Greece[28] |
Freeze on the number of licences to be issued in Greek waters |
|
New licences can be accorded only for the replacement of vessels exiting the fleet provided that they are of similar fishing capacity[29] |
|
Israel |
|
|
Transfer of a fishing licence in respect of a vessel may be approved only if to a vessel of similar capacity (Sec.2A of Fisheries Rules of 1937) |
|
Italy |
Since 1989, freeze on the number of licences to be issued in Italian waters |
|
Decommissioning of fishing vessels through a government grant programme |
Days-at-sea programme was established in the Adriatic Sea for bottom and mid-water trawlers |
Lebanon[30] |
|
|
|
|
Libyan A.J. |
|
|
|
|
Malta |
The Minister may determine the number of authorizations to be issued for any category of gear (Governmental Notice No. 206 of 1934) |
The Minister is authorized to establish TAC or quotas for any species of fish or fishing method (Art.38 of Act No. II of 2001) |
|
|
Morocco |
|
|
|
|
Slovenia |
|
|
|
|
Spain |
The Minister is authorized to restrict the number of fishing vessels that can be issued a fishing licence (Art.8 of Law No. 3 of 2001) |
The Minister may establish TAC for a species or a group of species, a fishing zone, a period, methods or gears, vessels or a type of vessel (Art.9 of Law No. 3 of 2001) |
Construction, modernization, or transformation of any vessel is subject to prior authorization by competent authorities (Art. 59 and 60 of Law No. 3 of 2001). Temporary or final withdrawal of vessels from the fishing fleet (Art. 61-63, Law No. 3 of 2001) |
The Minister is entitled to establish days-at-sea programmes (Art.8 of Law No. 3 of 2001) |
Syrian A. R. |
The Minister is authorized to set the number of fishing licences to be issued in each public water region (Art.14 of Legislative Decree No. 30 of 1964) |
|
|
|
Tunisia |
The competent authority is entitled to restrict the number of fishing authorizations to be issued in each fishing zone (Order of 28 September 1995) |
|
Construction and importation of any fishing vessel exceeding a fixed tonnage is subject to authorization (Art.6 of Law No. 94-13 of 1994) |
|
Turkey |
|
|
|
|
Three principal measures have been adopted by Mediterranean coastal states to manage the level of fishing effort in the waters under their sovereignty or jurisdiction: limits on the number of fishing licences to be issued, establishment of TAC and/or quotas and limits on the number of days at sea.
2.1.1.1 Limit on the number of fishing licences to be issued
To control the level of fishing effort within waters under national sovereignty or jurisdiction, many Mediterranean coastal states have opted to restrict the number of fishing licences that can be issued by the competent authorities (see column 1 of Table 2). Restriction may apply throughout national waters, or with respect to a specified area or fishing zone, a species or group of species, a specified gear or method or a combination of any of the above. In France, competent authorities determine the number of licences to be issued annually for the taking of bluefin tuna by means of seine nets in national waters in the Mediterranean Sea (Corsica excluded). In Tunisia, the competent authority is entitled to limit the number of fishing authorizations that can be issued in each fishing zone as illustrated in the Gulf of Gabès for shrimp fishing.
It is also common practice to restrict the number of gear that can be carried on board any authorized fishing vessel by attaching special conditions on the use of any fishing licence. In France, for instance, such a condition may be imposed on any authorized vessel with respect to a specified area or for the taking of a specified species or group of species.
Some Mediterranean coastal states have imposed a freeze on the granting of any new commercial fishing licences. While it applies across the board for any type of commercial fishing licences in Greece and Italy, this measure is directed at licences for the taking of highly migratory species in Algeria, and licences authorizing the use of certain gears in Croatia.
2.1.1.2 TAC or quotas
It is widely recognized that management of fish stocks, except for tuna and tuna-like species, through a system of TAC and quotas, is not a viable option in the Mediterranean Sea because of the wide variety of species characterizing Mediterranean fisheries. To date, bluefin tuna is the only species subject to a quota system throughout the Mediterranean. This system, established by ICCAT, applies only to its members.[31] Enabling provisions for the establishment of TAC or quotas were found in the fisheries legislation of five Mediterranean coastal states (Algeria, Croatia, France, Malta and Spain) and the EU[32] (see column 2 of Table 2). In Algeria, an individual quota for highly migratory species was established and set at 500 t per year and per authorized vessel.
2.1.1.3 Days-at-sea programme
Some Mediterranean coastal states have taken measures designed to limit the time of operation by duly authorized fishing vessels through the implementation of days-at-sea programme (see column 4 of Table 2). Italy is implementing a programme of this type in the Adriatic Sea for bottom and midwater trawlers which are allowed to fish only during certain days of the week. France has also established a days-at-sea programme, applying to its Mediterranean waters (except Corsica), for the taking of bluefin tuna by means of surface seine nets by professional fishers.
The excess capacity of fishing fleets has been widely recognized as a major reason for overfishing and the degradation of marine fisheries resources throughout the world. Growing concerns about the issues of excess fishing capacity led the international community to request FAO to address these issues through the development of an International Plan of Action (IPOA) for the management of fishing capacity within the framework of the Code of Conduct for Responsible Fisheries. The immediate objective of this IPOA is for states and regional fisheries organizations to achieve an efficient, equitable and transparent management of fishing capacity by 2005. Towards this end, states are encouraged to assess and monitor fishing capacity of their fleets and prepare and implement national plans of action.
In the Mediterranean, a review of national fisheries legislation reveals that some coastal states have taken action to tighten the control and monitoring of the fishing capacity of their fleet, and that the EU has adopted measures to reduce the capacity of the EU fishing fleet (see column 3 of Table 2).
The establishment of an authorization scheme prior to the construction, importation, modification or transformation of any fishing vessel is one of the most common measures adopted in the Mediterranean for controlling and monitoring fishing capacity. In Algeria, for example, purchase, importation, construction or modification of any fishing vessel is conditional upon approval by the competent authority. In Tunisia, prior authorization for the construction or importation of fishing vessels is also required, but only for vessels exceeding the tonnage prescribed by the fisheries administration.
Other measures to control and monitor fishing capacity include: prohibition to issue fishing licences to certain categories of vessels and restriction on licence transfer and on the vessels replacement. In Cyprus, no trawler with engine power exceeding 250 HP is authorized to fish within Cypriot territorial waters. In Israel, no transfer of fishing licence in respect of a fishing vessel should be approved unless it is for a vessel of similar capacity. In Greece, a new licence for the replacement of a vessel exiting the fleet can be granted only to a vessel of the same capacity.
Reducing the fishing capacity of the EU fishing fleet is one of the main objectives of the CFP. To achieve this goal, the Commission is required to set reference levels for each Member State expressed in GT and kW for the total fishing capacity of the Community fishing vessels flying the flag of that Member State. In addition, rules for the management of entries into and exits from the fleet have been established and access to public aid for fleet renewal by any Member State made conditional on the reduction in the overall capacity of its fleet by 3 percent.
This section examines subsidiary measures adopted by Mediterranean coastal states in support of core measures for the management of fishing effort and fishing capacity. They include traditional conservation and management measures such as closed season, fishing gears and methods, minimum landing size, fishing zone, protected species and bycatch.
Closed season and temporary suspension of fishing operations are measures designed to ease pressure on fish stocks by stopping fishing operations for a specified period of time. Closed season is intended to allow species reproduction and thus coincides with the breeding time of major commercial species. This measure usually targets a particular species or group of species, either throughout waters under national sovereignty or jurisdiction or, more commonly, in a specified area or areas, or the use of a particular gear in specified areas. In Albania, for instance, closed seasons for the use of V-shaped traps, also known as lavoriero, are established in specified areas along the coastline. A temporary suspension of fishing operations is a circumstantial measure that is generally taken in response to an emergency situation, or for the purpose of allowing fishery resource recovery or assessing the state of any resource. In Tunisia, the competent authority is entitled to suspend fishing operations in any area for a period not exceeding 3 months. In Lebanon, sponge fishing was suspended for 5 years throughout Lebanese waters to allow the sponge populations to recover.
Regulation of fishing gears and methods is a common feature of fisheries legislation in Mediterranean coastal states. This measure is designed to prevent fishers from using particularly destructive gears or methods. One of the most common approaches is for states to establish a list of prohibited gears and methods; explosives, chemical, poisonous substances or electrical devices for fishing purposes are universally prohibited. Some states also provide a list of authorized gears. Use of some gears may be subject to a special authorization. In Israel, for example, the use of beach seines is prohibited without a special authorization.
Specifications of authorized gears (e.g. mesh size, length) and conditions of their use (e.g. area of use, time of use, depth) are often regulated. In France, subsidiary legislation was enacted to define the specifications of fishing gears that can be lawfully used by professional fishers in the Mediterranean, excluding Corsica, as well as the conditions of their use.
Minimum landing sizes for species of fish and other aquatic organisms are often set to prevent the capture of juvenile fish or non-fish species and allow sufficient time for fish and the other species to mature and thus reproduce (see Table 3).
Competent management authorities are enabled to close certain areas to fishing or to prohibit the use of a specific gear(s) or method(s) in a specified area or areas or at certain depths by designating prohibited fishing areas. In Albania, fishing is strictly prohibited within a one-kilometre radius measured from the point where rivers empty into the sea. In Morocco, use of trawl nets within three nautical miles from the coastline is prohibited. In the Syrian Arab Republic, use of any drag net at a depth of less than 50 m is strictly forbidden.
Establishing fishing zones is a management tool that allows the competent authorities to segment fishing operations spatially by authorizing only certain types of fishing activities by specified categories of vessels in each fishing zone. For example, Algeria has established three fishing zones in which no vessel other than those complying with tonnage requirements as determined for each zone is authorized to operate.
Fish reserves are designated areas set aside to conserve fishery resources and protect spawning grounds or sensitive marine ecosystems. Commercial fishing is generally prohibited in such areas or subject to strict conditions. In Slovenia, two fish reserves have been established in Portoroz and Strunjan for the protection and conservation of fishery resources.
In order to protect juvenile fish or other aquatic organisms, some coastal states such as Albania and Italy have conditioned the taking of such fish or aquatic organisms to an authorization scheme.
Table 3. Minimum landing sizes of identified shared stocks[33]
Scientific name |
Albania |
Algeria |
Croatia |
Cyprus |
Egypt |
EU |
France |
Greece[34] |
Israel |
Italy |
Lebanon |
Libyan A. J. |
Malta |
Morocco |
Slovenia |
Spain |
Syrian A. R. |
Tunisia |
Turkey |
Coryphaena hippurus |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
30 cm |
|
Eledone cirrhosa |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Eledone moschata |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Engraulis encrasicolus |
10 cm |
|
|
|
|
9 cm |
|
|
|
|
|
|
|
60 units/kg |
|
9 cm |
|
|
|
Loligo vulgaris |
25 cm |
|
|
|
|
|
|
|
|
|
|
|
|
11 cm |
|
|
|
|
|
Lophius budegassa |
25 cm |
|
|
|
|
30 cm |
30 cm |
|
|
|
|
|
|
|
|
30 cm |
|
|
|
Lophius piscatorius |
30 cm |
|
|
|
|
30 cm |
30 cm |
|
|
|
|
|
|
|
|
30 cm |
|
|
|
Merluccius merluccius |
20 cm |
|
|
|
|
20 cm |
20 cm |
|
16 cm |
11 cm |
|
|
|
20 cm |
|
20 cm |
|
20 cm |
|
Micromesistius poutassou |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Mullus barbatus |
11 cm |
|
|
|
|
11 cm |
|
|
11 cm |
9 cm |
|
|
10 cm |
11 cm |
|
11 cm |
|
12 cm |
|
Mullus surmuletus |
11 cm |
|
|
|
|
11 cm |
|
|
11 cm |
9 cm |
|
|
10 cm |
11 cm |
|
11 cm |
|
12 cm |
|
Nephrops norvegicus |
30 cm |
|
|
|
|
7 cm |
|
|
|
|
|
|
|
|
|
7 cm |
|
|
|
Pagellus bogaraveo |
12 cm |
|
|
|
|
12 cm |
|
|
|
|
|
|
|
14 cm |
|
12 cm |
|
12 cm |
|
Pagellus erythrinus |
12 cm |
|
|
|
|
12 cm |
|
|
11 cm |
|
|
|
|
14 cm |
|
12 cm |
|
12 cm |
|
Palinurus elephas |
|
|
28 cm |
|
|
|
|
|
|
|
|
|
|
17 cm |
|
|
|
|
|
Palinurus mauritanicus |
|
|
|
|
|
|
|
|
|
|
|
|
|
17 cm |
|
|
|
|
|
Parapenaeus longirostris |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Sardina pilchardus |
10 cm |
|
|
|
|
|
|
|
|
|
|
|
|
45 units/kg |
|
11 cm |
|
|
|
Scomber scomber |
20 cm |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Sepia officinalis |
20 cm |
|
|
|
|
|
|
|
|
|
|
|
7.5 cm |
100 g |
|
|
|
10 cm |
|
Solea vulgaris |
20 cm |
|
|
|
|
20 cm |
20 cm |
|
16 cm |
15 cm |
|
|
|
14 cm |
|
20 cm |
|
20 cm |
|
Sprattus sprattus |
10 cm |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Thunnus alalunga |
40 cm |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Thunnus thynnus |
70 cm |
70 cm |
70 cm |
|
|
70 cm or 6.4 kg |
6.4 kg |
|
70 cm |
|
|
|
|
6.4 kg |
|
70 cm or 6.4 kg |
|
6.4 kg |
|
Xiphias gladius |
100 cm |
120 cm |
120 cm |
|
|
|
|
|
|
120 cm |
|
|
|
25 kg or 125 cm |
|
120 cm |
|
100 cm |
|
In order to preserve marine biodiversity, special protection has been granted to species of fish and other marine organisms regarded as threatened through the establishment of lists of protected species of fish and other marine organisms. The taking or fishing of protected species is either strictly prohibited or subject to prior authorization. In Cyprus, a list of protected species has been established for the protection of marine turtles, seals and dolphins.
Regulating bycatch, which is the taking of non-targeted species, is a complex issue, particularly in the context of the Mediterranean Sea, characterized by a wide diversity of species. Few provisions addressing this issue have been found in the fisheries legislation of Mediterranean coastal states. In France, professional fishers using midwater trawl nets or surface seine nets are authorized to land a percentage of bycatch as set by the competent authorities.
[26] CCRF, Article
7.1.8. [27] Apparently, Fisheries Regulations 1990 have been superseded by Fisheries Regulations 2000; this information could not, however, be verified. [28] Information was provided by FAO Legal Office. [29] Exemptions to this rule include: (1) increase of tonnage is allowed for the replacement of small-scale fishing vessels less than 7 m in length, which are involved in coastal fishing; (2) increase of engine power is allowed for the replacement of engines less than 15 HP provided that the new engine should not exceed 15 HP. [30] No information available. [31] The following Mediterranean coastal states are ICCAT Members: Algeria, Croatia, EU, Libyan Arab Jamahiriya, Morocco, Tunisia and Turkey. Note that France is a member but only with respect to St-Pierre et Miquelon. [32] Based on the information available, it appears that no quota system has been established for any species other than highly migratory species. [33] The list of shared stocks as established by the Sub-Committee on Stock Assessment of the Scientific Advisory Committee in Annex 8 of the Report of Sixth Assessment Sub-Committee Meeting, which was held from 10 to 12 May 2004 in Malaga, Spain. [34] Royal Decree 13-2-1954 defines 8 cm as minimum size for all species. |