The adaptation of the Maltese fisheries sector to the EU's common fisheries policy

Abstract

On Malta's EU membership the Maltese fisheries sector has had to adapt to the EU's Common Fisheries Policy (CFP). Logically enough the first chapter is entitled "The EU Fisheries Sector and the Common Fisheries Policy". In other words, the chapter sums up the entire structure to which the Maltese fisheries sector has to adapt. It depicts the EU fishing industry as the world's second largest together with its output. It also includes the role of aquaculture. The first chapter also underlines the perils of unsustainable fishing, stressing the seemingly obvious fact that resources are finite. But in spite of the obvious, as in the case of the tuna fisheries, restrictions do not go down well with the fishing communities. But in the end nobody can ignore the fact that uncontrolled exploitation of finite resources can only lead to irreparable harm. Restrictions on capacity and catch spell doom for communities that owe to the fisheries not only their livelihood but also their identity. Yet these are doomed just the same unless finite resources are treated as such and protected. Hence the foundation for a common EU policy on fisheries. The CFP was born in 1983 to regulate the four main policy areas, that is market, structure, conservation and external relations. The measures were various and widespread and are listed in this chapter. The CFP of 1983 however did not function as desired. Unsustainable fishing and the depletion of fish stocks persisted. This led to the final reform document, and the approval of the reform package in 2002. The details of this reform are duly listed. The reform of 2008 and the Green Paper of 2009 are mentioned, as well as the need for further reform. This reform was launched in 2010 to come into effect in 2013. The next phase is the current legal framework of the CFP. The scope of the regulation and the enforcement of measures are indicated and explained. The access of Member States to EU waters are discussed, and it is underlined that control, inspection and enforcement are the responsibility of the Member States, as well as the CFP's prerogative of immediate preventive measures should these prove inadequate. The establishment and the role of the Regional Advisory Councils are treated. Emphasis is laid on the fact that the application of the rules of the CFP must be uniform. The establishment of the Scientific, Technical and Economic Committee for Fisheries is mentioned and briefly dwelled upon, as is market policy. The final provision of the framework regulation is summed up. This chapter gives an overall view of the regulatory framework of the CFP, to which Malta has had to adapt. The second chapter gives an overall view of the Maltese fishing sector. Since with Malta's EU membership the Maltese fishing sector has had to adapt to EU policies and regulations, it is essential to give an accurate picture of its past and present, in order to be able to understand the nature and scope of this challenge and the Maltese fishing sector's response and actual performance. This chapter endeavours to describe what existed before the EU challenge. In chapter three the focus is on the EU structure in this area and on Malta's compliance with EU parameters. The opening looks at conservation, quotas and tuna fishing subsequent to Malta's EU membership in 2004. Before 2002, Malta's Fishing Industry Act was drawn up to hinge on production and harvest. The new Fisheries Management and Conservation Act adopted a new perspective of fisheries management. The Maltese fisheries management is now regulated by Maltese and European legislation in line with the CFP. The Total Allowable Catches do not apply to Mediterranean fisheries. Malta however is subject to limitations on blue fin tuna. Malta's interest in the ICCA T (International Commission from the Conservation of Atlantic Tunas) are explained, as well as Malta's interest and role in tuna fisheries. With the multiple measures of conservation towards sustainability in 2010, Malta's quota was 161 tonnes. The Federation of Maltese Aquaculture Producers is alarmed at the prospect of inadequate provision for their tuna fattening farms. With quotas and limitations on tuna, Malta stands to lose considerable profits and revenue. The early closure of the swordfish fishing season in 2008 and 2009 is also a case in point. Then there is the question of compensation to fishermen. The next heading in this chapter is "The Maltese Fisheries Conservation Zone and Artisanal Fisheries". EU membership and the CFP have given Malta the opportunity to further its efforts in this regard. Malta's 25-mile fishing zone is discussed. With EU membership it retained its status within the CFP. Malta's management of its fisheries zone comes in for explanation and comment. This management is regulated by Council Regulation (EC) No. 1967 /2006 of 21st December 2006. Article 27 affects the dolphin fish fishery, dealt with at some length. The outcome is to allow no increase in fishing effort in the 25-mile zone. This chapter proceeds to state Malta's views on artisanal fisheries and their importance to Malta. Their sustainability is at the heart of CFP reform. The next heading is "The Ecosystem Approach to Fisheries". This sector is treated in detail in efforts considered vital to conservation and sustainability. The explanation and discussion is concise and to the point, the stress in on the reform of the CFP in 2002. The final heading is "More on Conservation and the Fishing Fleet". The objective is the control or adjustment of the fishing capacity, with the permanent withdrawal of 130 GT (Gross Tonnage). The fourth chapter, the chapter that concludes this thesis, is dedicated to aquaculture. It opens with a brief look at aquaculture in Malta. From then on it traces Malta's compliance with EU parameters. The two documents are Malta's "National Policy on Aquaculture," prepared on March 31st, 2004 and the EU's "A Strategy for the Sustainable Development of European Aquaculture". It is only after the first one third that the Maltese document becomes truly relevant and informative. It is essentially the awareness of the issues and a declaration of compliance. As such it concludes the thesis.