in Europe The Irish Regulatory Perspective Susan Steele, PhD, MBA, - PowerPoint PPT Presentation

Harmonisation of Fishing Controls in Europe The Irish Regulatory Perspective Susan Steele, PhD, MBA, MEd Chair, Sea-Fisheries Protection Authority, Ireland

Fishing controls The oceans are complex, harmonisation of regulation is essential. Page 2

Regulator’s toolbox Page 3

Measuring tape One measurement for all Page 4

Spirit Level Balance Page 5

Spanner Culture of compliance, harmonisation of inspection. Page 6

Hammer Harmonisation of outcomes is essential Page 7

Saw Change what isn’t working Page 8

To Summarise Page 9

Thank you

H ARMONISATION OF FISHING CONTROLS IN E UROPE . T HE I RISH R EGULATORY P ERSPECTIVE By Dr. Susan Steele, PhD, MBA, MEd Chair of the Irish Sea Fisheries Protection Authority. Presentation to the hearing on harmonisation of fisheries controls in Europe – committee of fisheries. The hearing is part of the drafting of an initiative report by PECH committee and the likely revision of regulation no 1224/2009 establishing a community control system. The purpose of this hearing is to compare national practices indifferent member states, to identify difference of application of the regulation, pitfalls to avoid and best practices to promote. 1. Role of the regulator in harmonization of fishing controls. Let’s look at harmonisation from the regulators point of view. The role of the regulator is sometimes challenging. Let me demonstrate. A new law has come in. We must fold our arms in the opposite way to usual. So everyone, fold your arms as you normally would. Now – take your time, fold them the other way with the other hand on top. (anybody reading this or streaming it - it is important that you fold and refold your arms in the more difficult way!) The regulator’s role is to make sure that you comply with this regulation. Every regulator has a toolbox. The tools can include rewards (badge of honour!), education (why changing arm folding is important), enforcement actions (a jail sentence, a fine or public naming of defaulters). The tools are weakened if the regulator does not act, acts unfairly when a person does not conform or comply with the new law and the situation is exacerbated further when there are a number of regulators who act inconsistently when enforcing the same law.

If one person in the room was seen not to be folding their arms correctly and getting away with it - you would question why you were conforming ?You would question the veracity of the regulator and whether you should be doing this. 2. The complexity of issues in fishing controls. The oceans are very complex. Let me summarise the complexity we are regulating: The sea itself – 73,000 seaweed types, 18,000 fish types, each one with a completely different life cycle. At the most we understand the life cycles of 120 of them. The shared marine resource – a huge ocean, effected by different things such as pollution, climate change, natural occurrences, then we have the shared resource - the only place where we share between fishermen, different boat sizes, different methods of fishing, different cultures. To this we add the political layer - the sea is bordered by many countries and used by many different people, all involving hugely complicated systems. We then need to consider our aims which are also complex economic sustainability and , the sustainability of biology – and the vital Integration between the two. The harmonisation of these systems and layers is complex but is essential. We must use the regulatory tools that are in the toolbox that we have to continue to build on a system that has been developing since the start of the european journey. We are lucky that we stand on the shoulders of great people who have done great work to achieve this aim but we are still on the journey. 3. Using the regulators tool box for harmonization of fishing controls 3.1. Measuring tape 3.1.1. Let me reach into my humble tool box and the first thing that I find is a measuring tape. I can use the measuring tape and I can measure a net, I can measure the thickness of the twine, I can measure when wet and when dry, I can measure when used in different sections of the sea. Each measurement gives a different result. We need to harmonise the methods so that there is one measure for all of us – lets get a simple measurement that is consistent. It is complex but we need to find simple workable solutions. 3.2. Spirit Level 3.2.1. Spirit level is used to make sure things are even. Lets look at the Irish Situation. Ireland is an island which is not very large but has an extremely large biologically rich marine area which is 20 times the size of the land. This brings great opportunity and responsibility. Irelands vessels land 20% of the fish in Irish waters. This means that in the Irish EEZ, we regulate a mixture of european vessels alongside Irish vessels. However, when we take out the spirit level - things are not at the same levels. In Irish waters, there are differences between boats fishing next to each other. For example, an Irish vessel must carry its license, other EU vessels fishing alongside don't have to, the SFPA can see an Irish vessel quota, but we can’t see other EU vessel. If a vessel is high risk at home, we cannot see this and prioritise inspections. And also vessels may be over inspected as we cannot see an EU vessels last inspection status or their risk status. ERS systems allow changing of log book entries until the moment the vessel lands in its home port, we can’t check how this links with our inspections. We need a more even level, we need shared risk based systems and shared intelligence. Harmonisation must be more intelligent than simply doing the same things, we need to agree with the countries in the region to come up with systems to ensure level playing field for us all.

3.3. Spanner The spanner is used for fixing and joining. There are two main things to fix and join 3.3.1.1. create a culture of compliance among the fishermen. Compliance comes from the fishermen and we can help by harmonising our education messages. Perhaps in the same way as you undertake a theory test for your driving license, we have a compliance training course for fishers with a test at the end of it required before you get fishing rights. 3.3.1.2. Secondly, create harmony among inspectors. Make the excellent EFCA core curriculum mandatory. Bring in more training courses so that wherever a vessel lands, it is treated the same. Bring in joined up information materials on new legislation. Bring in more JDP's and SCIPs focused on risks. 3.4. The hammer. What happens if you bang in the nails unevenly? Have you ever tried making a table and banging in the nails different amounts. You get a very lopsided tables - all looking very different and all flawed. The harmonisation of the outcomes is essential. Harmonsiation of outcomes when an inspection finds a problem. Is it a court case? is it a detention? are there points? Is the seriousness based on value or on damage to the ecosystem? We need to learn from each other. What has changed behaviors? What works? We need to be the same, we need to create the level playing field. 3.5. The Saw . We need to be adaptable. This is a very complex situation. We can’t always get it right. We need to be able to recognise regulation that is not working and to cut it off with our saw. We have to welcome the complexity and welcome the solutions and welcome the journey. 4. To Summarise, The key message is that from a regulators point of view, this is an extremely complex area. We have a limited toolbox to bring changes in behavior but let's look at the tools that we have. Let's use the measuring tape to do the same things, the spirit level to share risks, share intelligence and to make sure that we have fairness and levelness in vessels fishing next to each other. Let's use the spanner to create a culture of compliance in the industry and to create unified approach to inspection between flag state, port state and coastal state and lets have an even fair hammer where the illegal operator affecting the livelihoods of the legal fishermen receives the same treatment everywhere in the EU and finally, if its not working, lets use the saw to recognise and change where we are.