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) ’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?