EU Fisheries Policy in West Africa Ecological and Legal Considerations Prepared for the Wadham College Research Forum, October 2006 Copyright Milan Ilnyckyj, 2006.

Outline 1. Background on the agreements 2. Effect of the agreements 3. International law 4. EU law 5. Adherence of fleet practice 6. Suggestions 1. Background on the agreements 2. Effect of the agreements 3. International law 4. EU law 5. Adherence of fleet practice 6. Suggestions

1. Background on the agreements Cash-for-access, subsidies, and industrial fishing

Sat photo of West Africa

Maritime boundaries 200nm of EEZ 12nm of contiguous zone 12nm of territorial waters 200nm of EEZ 12nm of contiguous zone 12nm of territorial waters

African states in question States: –Angola, Gambia, Guinea-Bissau, Guinea, Mauritania, Senegal, Gabon, Equatorial Guinea, Sao Tome and Principe, Seychelles, Cape Verde, and Cote D ’ Ivoire Total population: 60 million Mean GDP per capita: $1,532 Mean GDP per capita (PPP): $2,642 States: –Angola, Gambia, Guinea-Bissau, Guinea, Mauritania, Senegal, Gabon, Equatorial Guinea, Sao Tome and Principe, Seychelles, Cape Verde, and Cote D ’ Ivoire Total population: 60 million Mean GDP per capita: $1,532 Mean GDP per capita (PPP): $2,642

EU states States: –Belgium, France, Italy, Luxembourg, Netherlands, Germany, Denmark, Ireland, United Kingdom, Greece, Portugal, Spain, Austria, Finland, Sweden, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia Total population: 461 million Mean GDP per capita: US$ 28,100 States: –Belgium, France, Italy, Luxembourg, Netherlands, Germany, Denmark, Ireland, United Kingdom, Greece, Portugal, Spain, Austria, Finland, Sweden, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia Total population: 461 million Mean GDP per capita: US$ 28,100

2. Effect of the Agreements Ecological, economic, and nutritional

Declining local and regional stocks lead to fishing ever farther afield This process is worsened by subsidies that make it economical for individual vessels to fish in situations where it would not be otherwise Alder, Jacqueline and Ussif Sumaila. “Western Africa: A Fish Basket of Europe Past and Present.” Journal of Environment & Development. 2 June p Source: Alder, Jacqueline and Ussif Sumaila. “Western Africa: A Fish Basket of Europe Past and Present.” Journal of Environment & Development. 2 June p Declining local and regional stocks lead to fishing ever farther afield This process is worsened by subsidies that make it economical for individual vessels to fish in situations where it would not be otherwise Alder, Jacqueline and Ussif Sumaila. “Western Africa: A Fish Basket of Europe Past and Present.” Journal of Environment & Development. 2 June p Source: Alder, Jacqueline and Ussif Sumaila. “Western Africa: A Fish Basket of Europe Past and Present.” Journal of Environment & Development. 2 June p

Statistical trends Significant biomass decline since 1960: 92% loss in NW Africa Total loss of West African fish stocks of approximately 50% since industrial exploitation began Correlated to protein deficiency rates Significant biomass decline since 1960: 92% loss in NW Africa Total loss of West African fish stocks of approximately 50% since industrial exploitation began Correlated to protein deficiency rates

International Symposium on West African Fisheries Consensus statement: –“the biomass of bottom fishes has strongly declined, and that this is due beyond reasonable doubt to the impact of fishing” –“present demersal fish biomass in the countries of the sub-region are well below levels that allow sustained high catches” Consensus statement: –“the biomass of bottom fishes has strongly declined, and that this is due beyond reasonable doubt to the impact of fishing” –“present demersal fish biomass in the countries of the sub-region are well below levels that allow sustained high catches”

International Symposium on West African Fisheries (II) “demersal fisheries of the sub-region are so low as to render them highly sensitive to environmental effects” “sub-regional and international cooperation through… has established these facts clearly and unambiguously” “demersal fisheries of the sub-region are so low as to render them highly sensitive to environmental effects” “sub-regional and international cooperation through… has established these facts clearly and unambiguously”

International Symposium on West African Fisheries (III) Recommendations: –“Overall fishing effort in the sub-region must be strongly reduced” –“We are aware of the socio-economic implications of such reduction [of fishing effort], but there is no doubt that this is necessary” –Greater study and monitoring is required Recommendations: –“Overall fishing effort in the sub-region must be strongly reduced” –“We are aware of the socio-economic implications of such reduction [of fishing effort], but there is no doubt that this is necessary” –Greater study and monitoring is required

“[T]hroughout western Africa… marine resources are often the remaining source of long-term sustained economic growth, as well as a source of cheap protein, especially where there is high population growth.” Alder and Sumaila, Journal of Environment and Development “[T]hroughout western Africa… marine resources are often the remaining source of long-term sustained economic growth, as well as a source of cheap protein, especially where there is high population growth.” Alder and Sumaila, Journal of Environment and Development

Relative benefits Kaczynski, Vlad and David Fluharty. “European policies in West Africa: who benefits from fisheries agreements?” Marine Policy p Source: Kaczynski, Vlad and David Fluharty. “European policies in West Africa: who benefits from fisheries agreements?” Marine Policy p

Relative costs Kaczynski, Vlad and David Fluharty. “European policies in West Africa: who benefits from fisheries agreements?” Marine Policy p Source: Kaczynski, Vlad and David Fluharty. “European policies in West Africa: who benefits from fisheries agreements?” Marine Policy p

Summary Current policy contributes to malnourishment and protein deficiency Increased pressure on terrestrial resources Reduced possibilities for economic development Also, the long-term destruction of marine fisheries Current policy contributes to malnourishment and protein deficiency Increased pressure on terrestrial resources Reduced possibilities for economic development Also, the long-term destruction of marine fisheries

3. International Law Requirements under UNCLOS and other statutes

General principle of sustainability Sustainability and environmental cooperation are “ guiding principles ” of UNCLOS All states in question have ratified UNCLOS Also an established component of international customary law Sustainability and environmental cooperation are “ guiding principles ” of UNCLOS All states in question have ratified UNCLOS Also an established component of international customary law

UN Convention on the Law of the Sea Part V, Article 61(3) of UNCLOS provides: –[The coastal State] taking into account the best scientific evidence available to it, shall ensure through proper conservation and management measures that the maintenance of the living resources in the exclusive economic zone is not endangered by over-exploitation. As appropriate, the coastal State and competent international organizations, whether subregional, regional or global, shall cooperate to this end. Part V, Article 61(3) of UNCLOS provides: –[The coastal State] taking into account the best scientific evidence available to it, shall ensure through proper conservation and management measures that the maintenance of the living resources in the exclusive economic zone is not endangered by over-exploitation. As appropriate, the coastal State and competent international organizations, whether subregional, regional or global, shall cooperate to this end.

ICJ Advisory Opinion on the Legality of Nuclear Weapons “ the environment is not an abstraction but represents the living space, the quality of life and the very health of human beings, including generations unborn. The existence of the general obligation of states to ensure that activities within their jurisdiction and control respect the environment of other states or of areas beyond national control is now part of the corpus of international law relating to the environment. ”

4. EU Law Cooperation with developing states

1992 Maastricht Treaty Article 130u of Title XVII “commit[s] [the] EU to ensure that relations with developing nations should help to reduce poverty and promote sustainable development.”

1997 Amsterdam Treaty Community policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Community. It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay

Preamble to the (rejected) European Constitution CONVINCED that, thus ‘ United in diversity ’, Europe offers them the best chance of pursuing, with due regard for the rights of each individual and in awareness of their responsibilities towards future generations and the Earth, the great venture which makes of it a special area of human hope

5. Adherence of Fleet Practice Standard of enforcement of the existing statutes

Classes of violation 1.Fishing in restricted areas 2.Use of unauthorized gear 3.Exploitation of ‘target species’ regulations 1.Fishing in restricted areas 2.Use of unauthorized gear 3.Exploitation of ‘target species’ regulations

Fishing in restricted areas Many access agreements restrict the area within 10km of the coast to local, artisanal fisherman. UNFAO report cites: “ ample evidence of large scale fishing vessels operating illegally in fishing zones, which are exclusively reserved for small-scale fisheries ” Many access agreements restrict the area within 10km of the coast to local, artisanal fisherman. UNFAO report cites: “ ample evidence of large scale fishing vessels operating illegally in fishing zones, which are exclusively reserved for small-scale fisheries ”

Fishing in restricted areas (II) This focuses harm on coastal fishing communities unlikely to receive a share of EU compensation Also, has contributed to several nighttime collisions between EU and local vessels This focuses harm on coastal fishing communities unlikely to receive a share of EU compensation Also, has contributed to several nighttime collisions between EU and local vessels

Unauthorized gear 25mm shrimp fishing nets are commonly being employed to catch finfish This greatly increases the number of juveniles captured Most pelagic and demersal fish species take several years to reach peak fecundity 25mm shrimp fishing nets are commonly being employed to catch finfish This greatly increases the number of juveniles captured Most pelagic and demersal fish species take several years to reach peak fecundity

Exploitation of ‘target species’ regulations Kaczynski and Fluharty have looked specifically at the fishery of Guinea- Bissau Many ships supposedly targetting shrimp were mostly catching tuna “ the state of Guinea-Bissau fishery resources were seriously affected by this practice ” Kaczynski and Fluharty have looked specifically at the fishery of Guinea- Bissau Many ships supposedly targetting shrimp were mostly catching tuna “ the state of Guinea-Bissau fishery resources were seriously affected by this practice ”

Exploitation of ‘target species’ regulations (II) Per-ton fees generally based on target species only Other species play important local and ecological roles No restrictions on whether non- target fish can be kept by fisherman Per-ton fees generally based on target species only Other species play important local and ecological roles No restrictions on whether non- target fish can be kept by fisherman

5. Suggestions Improvements to policy and enforcement

Policy 1.Set catch limits at levels that can be maintained indefinitely 2.Restrict catches further to allow some recovery in fisheries that are already damage 3.Take particular care to avoid catching juvenile fish - gear restrictions 4.Develop on-shore processing in the region to increase equity 1.Set catch limits at levels that can be maintained indefinitely 2.Restrict catches further to allow some recovery in fisheries that are already damage 3.Take particular care to avoid catching juvenile fish - gear restrictions 4.Develop on-shore processing in the region to increase equity

Enforcement 1.Assist developing states with monitoring and enforcement 2.Mandate scientific trawls and the proper accounting of by-catch 3.Punish transgressors through national legal systems 1.Assist developing states with monitoring and enforcement 2.Mandate scientific trawls and the proper accounting of by-catch 3.Punish transgressors through national legal systems