2. MANAGEMENT OF FISHING EFFORT AND FISHING CAPACITY

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.

2.1 Core measures

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

2.1.1 Management of fishing effort

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.

2.2 Management of fishing capacity

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 vessel’s 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.

2.3 Subsidiary measures

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.

2.3.1 Closed season and temporary suspension

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.

2.3.2 Fishing gears and methods

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.

2.3.3 Minimum landing sizes

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).

2.3.4 Prohibited fishing areas

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.

2.3.5 Fishing zones

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.

2.3.6 Fish reserves

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.

2.3.7 Protection and conservation of juveniles

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]

2.3.8 Protected species

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.

2.3.9 Bycatch

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.