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James Harrison - One of the best experts on this subject based on the ideXlab platform.
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introduction external aspects of the european union common Fisheries policy
The International Journal of Marine and Coastal Law, 2020Co-Authors: Richard Barnes, James Harrison, Eva Van Der Marel, Mihail VatsovAbstract:The European Union (EU) is a unique international organisation. Its constituent treaties establish a regional legal order separate from international Law but also integral to the legal systems of its Member States. EU Law has supremacy over the domestic Laws of the Member States. The EU also possesses international legal personality and is empowered to enter exclusively into binding legal relations with non-EU States (hereinafter third States) on behalf of its twenty-seven Member States in respect of those matters over which it enjoys competence. The exclusive competence of the EU extends to the conservation and management of marine living resources, which has allowed it to play a significant role in the development of Fisheries Law and policy. The Common Fisheries Policy (CFP) is a set of rules agreed by Member States for regulating the conservation and management of stocks in so-called Union waters – the combined waters of the EU’s constituent Member States – as well as the regulation of fishing vessels flying the flag of an EU Member State in the waters under the jurisdiction of third States or on the high seas. In broad terms, it treats the waters and resources therein as a common resource and EU nationals enjoy equal access to waters and fishing opportunities, subject to some legally defined exceptions or conditions. The CFP was introduced in 1970, and been subject to periodic reviews and reform. he CFP has four main policy areas: Fisheries management, market and trade policy, structural funding, and international policy. Alongside internal rules harmonising regulations between Member States, the CFP also has an important external dimension. It is this aspect of EU Fisheries Law which is the focus of this special issue. This introduction provides necessary context on the EU external Fisheries policy and identifies some key issues that are explained in more detail in the other papers to this special issue.
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Taking the Pulse of Environmental and Fisheries Law: The Common Fisheries Policy, the Habitats Directive, and Brexit
Journal of Environmental Law, 2019Co-Authors: Thomas Appleby, James HarrisonAbstract:There has long been a tension between environmental regulation and the European Common Fisheries Policy (CFP), which has been addressed over time through progressive reform of the CFP. It is now recognised that Member States may comply with their obligations under EU nature conservation Law by taking unilateral non-discriminatory measures within their territorial seas to protect the marine environment from threats posed by fishing. Nevertheless, fundamental uncertainties remain when it comes to the application of these obligations to offshore waters. This article explores the options available to coastal states in this context and the weaknesses of the procedures introduced to the reformed CFP in 2013. It is argued that compliance with nature conservation Law in the context of Fisheries is not discretionary and that in the absence of measures agreed at the EU level, Member States must comply with their obligations under the Habitats Directive in their capacity as a flag state. Finally, the article addresses the implications of Brexit for the protection of European Marine Sites in UK waters, suggesting that Brexit offers opportunities to strengthen the protection of marine ecosystems by making future access arrangements for foreign fishing vessels conditional upon compliance with nature conservation Laws.
Mahmood S Shivji - One of the best experts on this subject based on the ideXlab platform.
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global scale genetic identification of hammerhead sharks application to assessment of the international fin trade and Law enforcement
Conservation Genetics, 2005Co-Authors: Debra L Abercrombie, Shelley Clarke, Mahmood S ShivjiAbstract:The future status of sharks is an issue of widespread conservation concern due to declines in many species in the face of high levels of exploitation to satisfy market demands for products, especially fins. Substantial declines in the large-bodied hammerhead sharks, Sphyrna lewini, S. mokarran and S. zygaena, even in regions where some management occurs, indicate that informed conservation measures are warranted for these circumglobally distributed species. Despite the importance of assessing shark catch and trade on a species-specific basis to detect potential overexploitation of individual species, achieving this goal for hammerheads has proven elusive due to difficulties in identification of their products. Here, we present the development and application of a diagnostic, streamlined, five-primer multiplex polymerase chain reaction assay utilizing species-specific primers based on nuclear ribosomal ITS2 for the three hammerhead species throughout their global distribution. Application of this assay to investigations of the fin market confirmed the presence of hammerhead fins in the international trade. A study of the world’s largest fin market in Hong Kong revealed a high concordance between specific Chinese-name trade categories and fins from these three species (‘‘Bai Chun’’ with S. lewini, ‘‘Gui Chun’’ with S. zygaena and ‘‘Gu Pian’’ with S. mokarran), and clear species preferences. This concordance information allows the use of market records for monitoring species-specific trends in trade and exploitation rates. The assay is also proving useful for identification of shark body parts in U.S. Fisheries Law-enforcement activities. Screening of morphologically identified ‘‘ S. lewini’’ from globally distributed areas using this assay with subsequent whole ITS2 sequencing suggests a cryptic species closely related to S. lewini occurs off the SE USA coast.
Nakamura Julia - One of the best experts on this subject based on the ideXlab platform.
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Legislating for an Ecosystem Approach to Fisheries - Revisited : An Update of the 2011 Legal Study on the Ecosystem Approach to Fisheries
'Food and Agriculture Organization of the United Nations (FAO)', 2021Co-Authors: Nakamura JuliaAbstract:The ecosystem approach to Fisheries (EAF) is a risk-based management process for the planning, management, development, regulation and monitoring of fishing and fishing-related activities. EAF addresses ecological consequences of fishing as well as social, economic and institutional aspects of Fisheries sustainability. Adequate legislation and regulatory frameworks are key to successful implementation of the EAF. The continuous review and update of information on legislation and regulatory instruments require the analysis of existing legal frameworks at all levels of governance, to assess whether they remain in force, valid and aligned with international Fisheries Law standards, including the EAF. The present work was prepared with a view to provide current information on how the EAF is being implemented through national legal frameworks of selected countries in Africa. It revisits a previous legal study prepared by Anniken Skonhoft and published by FAO in 2011. A decade later, based on the scope of that study, the present work provides updated data and contributes to the knowledge on the current global and regional legal frameworks for an EAF, which are vital for EAF implementation purposes. This update also re-analysed certain countries' national legislation and their evolution with respect to capturing the EAF requirements. Ultimately, the present work supports the legal implementation of an EAF for a holistic, integrated and innovative way of managing Fisheries that promotes the participation of all relevant stakeholders and the use of best available knowledge for decision making, whilst balancing the human dimensions with the care for the environment, habitats, ecosystems and biodiversity related with fishery resources on which they depend
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Review of Strengthening International Fisheries Law in an Era of Changing Oceans edited by Richard Caddell and Erik Molenaar
'Wiley', 2020Co-Authors: Nakamura JuliaAbstract:The title Strengthening International Fisheries Law in an Era of Changing Oceans well reflects the view permeating the contents of the book. In this collection, every chapter resonates with the vision plunked at the front page. International experts with diverse degrees of experience and professional backgrounds, including preeminent scientists, economists, a social anthropologist and international legal academics make up for an outstanding list of contributors. This robust outlook of international Fisheries Law avoids purely legalistic points of view, which do not offer sufficient resolutions for dealing with Fisheries sustainability in a constantly changing environment. The ‘changing oceans’ circumstances not only point to one of the reasons why international Fisheries Law needs a makeover, but it also attracts the minds of curious readers wishing to know more about the nexus between international Law, Fisheries, marine science, environmental changes and the oceans
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Assessing the Brazilian federal Fisheries Law and policy in light of the Voluntary Guidelines for Securing Sustainable Small-scale Fisheries
'Elsevier BV', 2020Co-Authors: Nakamura Julia, Hazin FábioAbstract:The Voluntary Guidelines for Securing Sustainable Small-scale Fisheries (SSF Guidelines) endorsed in June 2014 by the member States of the Food and Agriculture Organization of the United Nations (FAO) was a landmark for the recognition, promotion and protection of the subsistence and artisanal small-scale Fisheries (SSF) sector in the world. This instrument is part of contemporary International Fisheries Law, integrating management and development of Fisheries with a range of other relevant matters such as human rights, gender and climate change, following a human rights-based approach (HRBA) and taking into account the ecosystem approach to Fisheries (EAF). In this context and with a view to contribute to the realization of the Sustainable Development Goals (SDGs), this article provides an analysis of the SSF Guidelines and informs on how its’ implementation can be supported by the Brazilian Federal Law No. 11,959/2009, which provides for the National Policy for the Sustainable Development of Aquaculture and Fisheries in Brazil. It is seen that certain issues of the SSF Guidelines are better addressed in other federal legal instruments, which should be read, interpreted and applied in combination with that legislation. This analysis aimed at assisting legal practitioners and policy-makers in the implementation of the SSF Guidelines in Brazil
Thomas Appleby - One of the best experts on this subject based on the ideXlab platform.
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Taking the Pulse of Environmental and Fisheries Law: The Common Fisheries Policy, the Habitats Directive, and Brexit
Journal of Environmental Law, 2019Co-Authors: Thomas Appleby, James HarrisonAbstract:There has long been a tension between environmental regulation and the European Common Fisheries Policy (CFP), which has been addressed over time through progressive reform of the CFP. It is now recognised that Member States may comply with their obligations under EU nature conservation Law by taking unilateral non-discriminatory measures within their territorial seas to protect the marine environment from threats posed by fishing. Nevertheless, fundamental uncertainties remain when it comes to the application of these obligations to offshore waters. This article explores the options available to coastal states in this context and the weaknesses of the procedures introduced to the reformed CFP in 2013. It is argued that compliance with nature conservation Law in the context of Fisheries is not discretionary and that in the absence of measures agreed at the EU level, Member States must comply with their obligations under the Habitats Directive in their capacity as a flag state. Finally, the article addresses the implications of Brexit for the protection of European Marine Sites in UK waters, suggesting that Brexit offers opportunities to strengthen the protection of marine ecosystems by making future access arrangements for foreign fishing vessels conditional upon compliance with nature conservation Laws.
Debra L Abercrombie - One of the best experts on this subject based on the ideXlab platform.
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global scale genetic identification of hammerhead sharks application to assessment of the international fin trade and Law enforcement
Conservation Genetics, 2005Co-Authors: Debra L Abercrombie, Shelley Clarke, Mahmood S ShivjiAbstract:The future status of sharks is an issue of widespread conservation concern due to declines in many species in the face of high levels of exploitation to satisfy market demands for products, especially fins. Substantial declines in the large-bodied hammerhead sharks, Sphyrna lewini, S. mokarran and S. zygaena, even in regions where some management occurs, indicate that informed conservation measures are warranted for these circumglobally distributed species. Despite the importance of assessing shark catch and trade on a species-specific basis to detect potential overexploitation of individual species, achieving this goal for hammerheads has proven elusive due to difficulties in identification of their products. Here, we present the development and application of a diagnostic, streamlined, five-primer multiplex polymerase chain reaction assay utilizing species-specific primers based on nuclear ribosomal ITS2 for the three hammerhead species throughout their global distribution. Application of this assay to investigations of the fin market confirmed the presence of hammerhead fins in the international trade. A study of the world’s largest fin market in Hong Kong revealed a high concordance between specific Chinese-name trade categories and fins from these three species (‘‘Bai Chun’’ with S. lewini, ‘‘Gui Chun’’ with S. zygaena and ‘‘Gu Pian’’ with S. mokarran), and clear species preferences. This concordance information allows the use of market records for monitoring species-specific trends in trade and exploitation rates. The assay is also proving useful for identification of shark body parts in U.S. Fisheries Law-enforcement activities. Screening of morphologically identified ‘‘ S. lewini’’ from globally distributed areas using this assay with subsequent whole ITS2 sequencing suggests a cryptic species closely related to S. lewini occurs off the SE USA coast.