Halfway through the Brexit negotiations and delivering on the promises made to voters in the run-up to the Brexit vote with regards to fishing remains an incredibly tough task. Richard Barnes, Chris Williams, Bryce Stewart, Bethan O’Leary, Thomas Appleby, and Griffin Carpenter write that ‘success’ for the UK will only be possible by working with its EU neighbours and listening to both stakeholder groups and the diverse actors within them

Appleby, Thomas

Barnes, Richard

Carpenter, Griffin

O'Leary, Bethan

Stewart, Bryce

Williams, Chris

LSE Research Online

It’s	still	uncertain	how	the	UK	will	deliver	a‘successful’	fisheries	policy	after	BrexitHalfway	through	the	Brexit	negotiations	and	delivering	on	the	promises	made	to	voters	in	the	run-up	to	the	Brexitvote	with	regards	to	fishing	remains	an	incredibly	tough	task.	Richard	Barnes,	Chris	Williams,	Bryce	Stewart,Bethan	O’Leary,	Thomas	Appleby,	and	Griffin	Carpenter	write	that	‘success’	for	the	UK	will	only	be	possible	byworking	with	its	EU	neighbours	and	listening	to	both	stakeholder	groups	and	the	diverse	actors	within	them.After	months	of	grandstanding	over	access	to	waters	by	UK	and	EU	fishing	chiefs,	the	realisation	that	the	UK	willrequire	new	fisheries	policy	post-Brexit	seems	to	have	finally	set	in.	The	Environment,	Food	and	Rural	AffairsCommittee	has	initiated	an	evidence	inquiry,	and	Defra	are	running	a	number	of	tenders	to	examine	the	current	UKquota	system,	conditions	on	UK	registered	vessels	to	land	or	employ	in	Britain,	and	wider	options	for	the	future	of	UKfisheries.	The	Government’s	Fisheries	White	Paper,	precursor	to	the	Fisheries	Bill,	is	expected	early	this	year.Some	important	forays	into	fisheries	have	been	made	since	the	Brexit	vote.	The	House	of	Lords	Report	set	thescene,	emphasising	the	importance	of	fishing	to	coastal	communities,	seafood	trade,	and	cooperation	inmanagement.	It	called	for	a	new	legal	baseline.The	potential	gains	in	quota	and	landings	based	on	the	British	200	mile	exclusive	economic	zone	(EEZ)	have	beenanalysed	in	several	studies,	although	a	recent	report	from	the	New	Economics	Foundation	calculates	that	the	currentdistribution	of	quota	holdings	means	that	those	gains	are	highly	concentrated.	Add	the	potential	for	tariff	and	non-tariff	barriers,	and	half	the	fleet,	which	relies	on	EU	exports,	is	looking	at	a	more	difficult	future.A	report	from	the	University	of	York	analysed	stakeholder	priorities	post-Brexit,	drawing	on	a	wide	range	of	opinions.Encouragingly,	all	agreed	that	sustainability	of	fisheries	should	take	top	priority,	however,	other	differences	betweengroups	emerged.	While	the	fishing	industry	urged	the	need	to	increase	the	UK	share	of	quotas	and	restrict	foreignaccess	to	the	British	EEZ,	NGOs	and	academics	were	more	focussed	on	ensuring	the	protection	of	marineecosystems.	Meanwhile	the	priority	of	seafood	processors	(a	larger	industry	than	the	catching	sector)	was	toguarantee	low	or	zero	tariff	trade	and	a	viable	workforce,	given	current	reliance	on	non-UK	EU	workers.Where	there	is	common	ground	between	different	fisheries	stakeholders,	this	must	be	secured	and	used	to	drivecooperation	across	the	sector.	Agreement	already	exists	on	three	key	issues,	as	evident	from	preliminary	inquiriesinto	fisheries.	First,	a	no	deal	Brexit	would	be	a	disaster	for	UK	fisheries.	It	would	deliver	a	damaging,	and	in	somecases	crippling	blow	to	the	majority	of	fishers,	and	associated	businesses,	who	send	fish	for	export.	Second,	fisheriesmust	be	governed	as	an	integrated	part	of	the	marine	environment.	This	requires	a	focus	on	a	greater	number	ofimpacts	as	well	as	a	greater	range	of	stakeholders.	Third,	any	fisheries	policy	must	secure	a	sustainable	use	of	theresource.	Without	this	everyone	loses	out.LSE Brexit: It’s still uncertain how the UK will deliver a ‘successful’ fisheries policy after Brexit Page 1 of 4		Date originally posted: 2018-01-04Permalink: http://blogs.lse.ac.uk/brexit/2018/01/04/its-still-uncertain-how-the-uk-will-deliver-a-successful-fisheries-policy-after-brexit/Blog homepage: http://blogs.lse.ac.uk/brexit/Pixabay/Public	Domain.Beyond	these	three	key	issues,	there	is	general	agreement	that	we	need	to	develop	a	management	regime	that	fitsthe	natural,	social,	and	economic	conditions	of	UK	fisheries.	This	entails	more	work	on	the	following	points:Fish	are	a	public	goodFundamentally,	fish	are	a	public	good.	This	is	reflected	in	the	legal	notion	of	the	public	right	to	fish,	something	thatcan	be	traced	back	to	Magna	Carta.	Fisheries	must	be	managed	in	the	public	interest	–	serving	the	needs	of	widersociety,	including	future	generations,	and	not	just	a	select	group	stakeholders.		This	principle	needs	to	be	translatedinto	action,	with	new	or	existing	bodies	strongly	mandated	to	deliver	it.	This	could	have	positive	implications	forquestions	of	allocation,	use	and	benefit.	For	example,	it	could	be	used	to	open	the	way	for	allocation	of	fishing	rightslinked	to	job	creation,	the	delivery	of	social	benefits,	or	conservation	gains.Creative	thinking	about	sustainability	While	the	objectives	for	fisheries	are	diverse,	sustainability	must	be	centre	stage.	This	is	often	pursued	throughregulations,	but	there	are	also	market-based	initiatives	like	the	certification	of	sustainable	products	that	can	beleveraged	to	incentive	best	practices	in	fisheries.	These	schemes	do	not	just	have	to	be	industry	driven,	but	can	beadvanced	by	States	(in	partnership	with	industry).Fisheries	and	environmental	management	must	be	‘joined-up’Integrating	fisheries	and	environmental	regulation	would	align	two	important	and	intrinsically	linked	areas	ofgovernance.	This	is	important,	especially	given	the	need	to	better	manage	externalities	from	one	sector	impactingthe	other.	One	of	the	key	failings	of	the	Common	Fisheries	Policy	was	its	failure	to	directly	incorporate	environmentallegislation.	There	is	some	accommodation	of	environmental	and	fisheries	in	the	Marine	and	Coastal	Access	Act.	Withexclusive	responsibility	for	all	fisheries	and	marine	environmental	matters	returned	to	the	UK,	this	Act	will	need	to	bereformed	to	account	for	additional	and	changed	management	responsibilities.Of	paramount	importance	will	be	aligning	legislation	and	management	properly	between	the	UK	Parliament	and	thedevolved	administrations.	Fisheries	and	environmental	management	are	currently	devolved	matters	and	it	is	not	clearhow	the	end	of	European	competences	in	these	areas	will	act	on	the	UK	constitutional	settlement.	This	will	requireconsiderable	internal	diplomacy.Any	mechanism	established	to	plan	for	and	distribute	fishing	rights	must	recognise	the	need	to	only	permitsustainable	exploitation.	It	is	debatable	whether	there	is	a	need	for	a	further	environmental	watchdog;	it	would	bebetter	for	any	administrative	bodies	to	contain	internal	review	process,	with	better	access	to	judicial	review.LSE Brexit: It’s still uncertain how the UK will deliver a ‘successful’ fisheries policy after Brexit Page 2 of 4		Date originally posted: 2018-01-04Permalink: http://blogs.lse.ac.uk/brexit/2018/01/04/its-still-uncertain-how-the-uk-will-deliver-a-successful-fisheries-policy-after-brexit/Blog homepage: http://blogs.lse.ac.uk/brexit/Diversity	in	the	sectorFisheries	law	must	protect	and	enhance	diversity	in	the	sector.	The	worry	is	that	in	its	present	form,	some	fleet	types–	typically	small-scale	fishing	vessels	–	are	particularly	at	risk.	A	better	deal	for	inshore	fishers	(vessels	under	10metres)	to	ensure	quota	is	not	even	further	concentrated	in	fewer	hands	than	it	is	currently.It	also	means	giving	a	voice	to	other	sectors,	such	as	recreational	fishing.		This	reflects	the	public	nature	of	thefishery	and	harnesses	valuable	stakeholder	contributions.Finally,	it	also	means	ensuring	a	degree	of	local	autonomy	in	the	management	of	local	fisheries.	This	allowsadaptation	to	local	conditions	and	the	accommodation	of	relevant	environmental	and	social	factors.	This	could	beenhanced	by	expanding	the	remit	and	authority	of	Inshore	Fisheries	and	Conservation	Authorities	to	12	nauticalmiles.	This	could	also	be	a	shrewd	response	to	address	some	of	perceived	inequities	of	foreign	fishing	around	theUK	coast	that	drove	the	Brexit	movement.The	thorny	issue	of	shared	stocksThe	most	difficult	decisions	will	be	those	that	involve	shared	fish	stocks	with	the	EU,	of	which	the	UK	has	many(many	more	than	Iceland,	Norway,	or	other	coastal	states).	In	the	UK	strong	calls	have	been	made	to	use	zonalattachment,	which	grants	fishing	rights	to	each	country	in	proportion	to	the	country’s	waters	where	the	fish	spend	themost	part	of	their	life-cycle.	The	EU	remains	wedded	to	the	principle	of	relative	stability,	which	is	based	on	historicalfishing	activity.	Neither	approach	can	claim	to	have	legal	or	political	priority.Whilst	relative	stability	is	well-developed	within	EU	law	and	practice,	this	will	not	be	binding	on	the	UK	after	Brexit.Zonal	attachment	is	used	in	the	EU	Norway	agreement,	but	would	need	to	be	developed	for	a	much	wider	range	ofspecies	in	any	EU-UK	agreement.	It	is	also	highly	vulnerable	to	changes	in	stock	distribution	from	factors	like	climatechange	–	something	that	has	already	effected	the	distribution	of	key	species	like	cod.	What	establishing	a	newprinciple	of	zonal	attachment	would	mean	for	devolved	administrations	seeking	their	‘fair	share’	must	also	be	handledwith	care.Ensuring	the	interests	of	the	processing	sectorThe	dependence	of	the	processing	sector	on	overseas	markets	means	that	fisheries	cannot	be	viewed	separatelyfrom	wider	trade	issues.	The	UK	is	highly	dependent	upon	the	EU	market	and	new	markets	will	not	simply	spring	intobeing	after	Brexit	because	of	the	start-up	costs,	logistics	or	uncertain	trading	regime.	As	a	large	portion	of	fish	is	soldfresh,	the	seafood	industry	is	particularly	prone	to	a	‘gravity	model’	of	trade.Counting	down	and	cooperationWe	are	now	more	than	halfway	through	the	countdown	to	Brexit.	However,	the	task	ahead	to	design	a	marinemanagement	regime	that	delivers	sustainability,	equity,	and	on	the	promises	made	to	the	electorate	in	the	run	up	tothe	Brexit	vote,	remains	an	incredibly	tough	one.	How	to	deliver	a	‘successful’	UK	fisheries	and	marine	environmentalpolicy	under	Brexit	is	uncertain.	But	what	is	known,	is	that	‘success’	will	only	be	possible	by	working	with	our	EUneighbours,	listening	not	only	to	broad	stakeholder	groups	but	also	to	the	diverse	actors	within	them,	and	focusing	onthe	end	goal	of	sustainable,	equitable,	and	integrated	marine	management.This	article	originally	appeared	on	British	Politics	and	Policy.	It	gives	the	views	of	the	authors,	not	the	position	of	LSEBrexit	or	the	London	School	of	Economics.Richard	Barnes	is	a	Professor	at	the	Faculty	of	Business,	Law	and	Politics,	University	of	Hull.Chris	Williams	is	a	Senior	Programme	Manager	at	the	New	Economics	Foundation.Bryce	Beukers-Stewart	is	a	Lecturer	at	the	University	of	York.Bethan	O’Leary	is	a	Research	Associate	at	the	University	of	York.Thomas	Appleby	is	an	Associate	Professor	in	Property	Law	at	the	University	of	the	West	of	England.LSE Brexit: It’s still uncertain how the UK will deliver a ‘successful’ fisheries policy after Brexit Page 3 of 4		Date originally posted: 2018-01-04Permalink: http://blogs.lse.ac.uk/brexit/2018/01/04/its-still-uncertain-how-the-uk-will-deliver-a-successful-fisheries-policy-after-brexit/Blog homepage: http://blogs.lse.ac.uk/brexit/Griffin	Carpenter	is	a	Senior	Researcher	at	the	New	Economics	Foundation.LSE Brexit: It’s still uncertain how the UK will deliver a ‘successful’ fisheries policy after Brexit Page 4 of 4		Date originally posted: 2018-01-04Permalink: http://blogs.lse.ac.uk/brexit/2018/01/04/its-still-uncertain-how-the-uk-will-deliver-a-successful-fisheries-policy-after-brexit/Blog homepage: http://blogs.lse.ac.uk/brexit/

It's still uncertain how the UK will deliver a 'successful' fisheries policy after Brexit

http://eprints.lse.ac.uk/88278/1/brexit-2018-01-04-its-still-uncertain-how-the-uk-will-deliver-a.pdf

It's still uncertain how the UK will deliver a 'successful' fisheries policy after Brexit

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