BLACK SEA FISHERIES: WHAT PLACE FOR INTERNATIONAL REGULATION?

1. BLACK SEA FISHERIES:WHAT PLACE FOR INTERNATIONAL REGULATION?

2. General featuresof the Black Sea • Six coastal states • Semi-enclosed sea • Large catchment area (Danube, Don, Dnieper) • Antrhopogenic stress – large coastal cities, economic activities

3. Living resourcesof 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

4. Living resourcesof the Black Sea (II) • 1970-1980’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

5. International responseInternational 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

6. 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”

7. Actors • Coastal States • Organization of the Black Sea Economic Cooperation (BSEC) • Commission on the Protection of the Black Sea Against Pollution (BSC) • European Union(?)

8. National approaches –International regulation • Basic Approach for the document • Institutional aspects • Enforcement issues

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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?