The decision by the The Court of Justice of the European Union (CJEU) acknowledging that fisheries management should not only prioritise environmental concerns but should also take the well-being of companies, the economy, and the people involved into consideration has been welcomed.
From the point of view of European fisheries body Europêche, total rigidity in the instances of zero-TACs being introduced for species caught in mixed fisheries would have brought devastating consequences.
‘This could have led to the early closure of the fishery for our vessels, even though our fishers still have significant quotas for other species. This effect known as ‘choke species’ is caused by the ill-conceived EU landing obligation,’ a Europêche representative commented.
‘This EU policy exacerbates the under-utilisation of fishing possibilities and increases the risk of premature closure of fisheries since for some key stocks fishers may have little or no quotas. It must therefore be revised as soon as possible.’
Spain’s Minister of Agriculture, Fisheries and Food Luis Planas also expressed his satisfaction concerning the CJEU ruling, commenting that ‘with this ruling, European justice endorses fisheries management based on economic, social and environmental sustainability.’
He pointed out that ‘the ruling is clear’, because the TACs in question were set on the basis of the best scientific opinions so that fishing activity can be carried out while maintaining fish populations, as well as employment and way of life related to fishing.
The high court recognised that the Council accompanied this decision with the establishment of corrective measures designed to limit the by-catch carried out in 2020 of the stocks covered by those TACs and, consequently, their impact on mixed fisheries, while stating that the Council manifestly did not exceed the limits of its discretion.
The minister assures that this ruling supports the fisheries management carried out by the European Union in accordance with the objectives of the Common Fisheries Policy.
It highlights that fisheries management is established on the basis of the best scientific advice so that fishing is developed in a manner that is respectful of the marine environment and contributes to maintaining the economy and employment in coastal areas.
‘This ruling supports the fisheries management that we are developing in accordance with the Common Fisheries Policy, which is to guarantee that the management of fishing and aquaculture is carried out in a manner consistent with generating economic, social and employment benefits,’ Luis Planas said.
Europêche commented further that it is encouraging to see the court’s recognition of the complexity of managing mixed fisheries, in which bycatch of non-target species is unavoidable.
‘It confirms that fishing all stocks in a mixed fishery at maximum sustainable yield at the same time is practically impossible. That is why stocks that are predominantly caught as by-catch, must be managed according to the precautionary approach and not the MSY policy,’ a Europêche representative stated.
‘Scientific recommendations must inform political decisions with evidence-based options and scenarios, and not the opposite. Otherwise, the door would be open to a judicialisation process in the establishment of fishing opportunities. Policy decisions should be left to those with a broader understanding of societal needs, political considerations and trade-offs. That’s the essence of a democratic process.’
