Transcript BLACK SEA FISHERIES: WHAT PLACE FOR INTERNATIONAL REGULATION

BLACK SEA FISHERIES:
WHAT PLACE FOR
INTERNATIONAL REGULATION?
General features
of the Black Sea
• Six coastal states
• Semi-enclosed sea
• Large catchment area (Danube, Don,
Dnieper)
• Antrhopogenic stress – large coastal
cities, economic activities
Living resources
of the Black Sea (I)
• Largest anoxic water basin – limited
number of species
• Limited number of commercially
important species
• Shared stocks – anadromous species
• Varying national approaches in fisheries
management and conservation
Living resources
of the Black Sea (II)
• 1970-1980’s: Intensification of fishing
effort
• 1990’ s: Near collapse of the catches
- Degradation of the marine environment eutrophication
- Overexploitation
- Non-indigenous species
• Slow recovery in recent years
International response
International regulation?
• International agreements for the management
of fisheries resources in the region unavoidable
• Convention concerning fishing in the Black Sea, 1959 –
cold war instrument
• Serious forthcomings – legal and factual
• Trilateral agreement (Geo, Tur, Ukr) anchovy fishing in
Georgia waters
• No overall agreement on regional management of Black
Sea fisheries
• Ongoing negotiations for two decades
Elusive agreement
• 1997 draft: “Draft Convention for fisheries and
conservation of living resources of the Black Sea”,
Ankara, on 25 June 1997;
• 2000 versions:
• ▪ “First Option of the Draft Convention for fisheries and
conservation of living resources of the Black Sea”
• ▪ “Second Option of the Draft Convention for fisheries
and conservation of living resources of the Black Sea”
• Current draft: “Draft Legally Binding Document (LBD)
for fisheries and conservation of living resources of the
Black Sea”
Actors
• Coastal States
• Organization of the Black Sea Economic
Cooperation (BSEC)
• Commission on the Protection of the
Black Sea Against Pollution (BSC)
• European Union(?)
National approaches –
International regulation
• Basic Approach for the document
• Institutional aspects
• Enforcement issues
Economic activity
(with environmental impact)
vs.
Environmental concern
(of an economic activity)
• Co-existence of the two approaches
• Shifting focus on the ways and means to
achieve the objectives
First decade
• Only commercial aspects of fisheries
• Distinct document on biodiversity and
conservation of living resources of the
Black Sea
• Negotiation in the framework of the
BSEC
• Disagreement on the negotiation forum
Second decade
• Negotiation in the framework of the BSC
• Advisory Group on Fisheries and other Marine
Living Resources
• Draft Legally Binding Document for fisheries
and conservation of living resources of the
Black Sea (under negotiation)
• precautionary approach, ecosystem-based
approach, sustainable development and
anticipatory actions
2. Institutional aspects
• Distinct treaty-body: Black Sea Fisheries
Commission
• BSEC Subsidiary Organ (2000 first and second
options )
• BSC Subsidiary Body
• Distinct body - relation with BSC to be decided
--• International cooperation
3. Enforcement issues
• Use of force in reaction to violations of the
agreement and of decisions of the treaty-body
to be established
• Judicial proceedings against vessels suspected
violations of the agreement and of decisions of
the treaty-body to be established
• Provisions on fishing capacity, fishing fleets,
fishing methods and gears
What role for the EU?
• EU as a Black Sea actor
• Exclusive competence with regard to the
conservation and management of sea fishing
resources
• Question of EU accession to the BSC
• Can a Black Sea agreement on fisheries exist
without the participation of the EU?