Unit 3 Fisheries Enforcement: major aspects Coastal Fisheries Policy and Planning Course, 28/01/08 – 8/02/08 Apia, Samoa Peter Manning - FAO Secretariat of the Pacific Community

FMR: Main components Fisheries management system, FMS Monitoring, control & surveillance, MCS Fisheries judicial system, FJS All links in the same chain Interdependent Each must be designed w.r.t. the others

WHAT DO WE MEAN BY MCS? Monitoring – collection and analysis of data and information on fishing activities – information for improving fisheries management - data generation monitoring biological economic – information for enforcing existing rules – enforcement monitoring

MCS – meaning... Control –terms and conditions under which resources can be harvested Surveillance – observations required to maintain compliance with the regulatory controls

Enforcement monitoring of biological restrictions – gear restrictions – area restrictions – closed seasons – other biological restrictions (eg minimum fish size)

Enforcement monitoring of direct economic restrictions: – effort restrictions – TAC....of indirect economic restrictions: – taxes – property rights

MCS – integrated into management system Management strategies and plans must be enforceable If not, credibility of fisheries management authority undermined

Questions in devising management measures from MCS perspective: Practical requirements to implement Previous successes or failures What will encourage compliance Consequences of non-compliance Cost of implementing management measures, cost of non-compliance

note well... need to consider level of compliance in relation to costs eg: - 100% at high cost - 75% at low cost

Table 2.12 Fisheries Management Costs Year: 1997 (Source: Primarily Wallis and Flaaten 2000) CountriesMCS-costs as a fraction of revenues (%) MCS-costs per volume of landings USD/metric tonne Australia*11%408 Canada8%153 Greece9%236 Italy4%139 Iceland2%9 Japan*4%104 Mexico2%14 New Zealand8%66** Norway7%34 Spain1%37 UK8%94 United States18%143 EU (total)6%87 OECD (total)6%71 * Enforcement costs not included. ** Author’s estimate (From: R Arnason’s course note)

MCS costs (especially enforcement) Effort E comp MCS costs

The Sustainable Fisheries Model Value, $ Effort Biomass Costs Sustainable revenues (yield) Sustainable biomass MSY OSY

Impact of MCS costs on the optimal fisheries policy Costs without MCS Costs with MCS Effort E*E**

Is it worth breaking the rules: Expected value of a violation, V(z): Let z be a violation Let  (z) be the (expected) profits from the violation Let C(z) be the expected penalty for committing the violation => V(z)=  (z)-C(z)

Example of C(z) C(z)= p1 (discovered  z)  p2 (guilty  discovered)  p3 (penalty  guilty)  penalty  p*  penalty Expected costs of violations Arithmetic of probabilities So basically p* will not be large in most cases!!

V(z)=  (z)-C(z) C(z)=p*  penalty But p* is usually very low penalty will have to be high to make V(z) negative

compliance vs enforcement -participation in management decision- making engenders ownership of rules -management measures legitimate? ie fair and workable - public perception of management authority can have an effect on overall compliance

surveillance... by whom – peer surveillance? fisheries enforcement officer? local police? how – depends on management measures when – constant or periodic where – might be at sea, at landing sites etc

Fisheries judicial system.... legislative framework adequate courts need to be aware of value of the gains from violations – seminars for judges, magistrates – establishment of special courts