The Common Fisheries Policy, enacted in 1983 as the
European Union’s primary overfishing regulation scheme, is
widely regarded as a failure. Vast overexploitation in Europe’s
fisheries persists thirty years later, posing grave ecological
consequences as well as economic devastation to Europe’s
fishing industry. In 2013, the EU overhauled the Common
Fisheries Policy and enacted measures that oblige the EU and
member states to support ecologically sustainable fishing
practices, ban the harmful practice of discarding fish at sea,
and give the member states more flexibility to tailor
implementation to suit local conditions. While the 2013 reforms
were momentous, those changes may not sufficiently address the
tension inherent in open access fisheries between short-term
economic interests of fishermen and long-term sustainability.
This Note proposes that the proper solution to the lingering
overfishing crisis in Europe requires expanding the role of
Regional Advisory Councils such that they can standardize
sanctions for violators across the region and restrict member
states’ ability to harmfully subsidize their fishing fleets. These
changes would help level the playing field among competing
fishermen, creating the regulatory conditions necessary to
intercept the open access dynamic that perpetuates overfishing.
The Common Fisheries Policy, enacted in 1983 as the
European Union’s primary overfishing regulation scheme, is
widely regarded as a failure. Vast overexploitation in Europe’s
fisheries persists thirty years later, posing grave ecological
consequences as well as economic devastation to Europe’s
fishing industry. In 2013, the EU overhauled the Common
Fisheries Policy and enacted measures that oblige the EU and
member states to support ecologically sustainable fishing
practices, ban the harmful practice of discarding fish at sea,
and give the member states more flexibility to tailor
implementation to suit local conditions. While the 2013 reforms
were momentous, those changes may not sufficiently address the
tension inherent in open access fisheries between short-term
economic interests of fishermen and long-term sustainability.
This Note proposes that the proper solution to the lingering
overfishing crisis in Europe requires expanding the role of
Regional Advisory Councils such that they can standardize
sanctions for violators across the region and restrict member
states’ ability to harmfully subsidize their fishing fleets. These
changes would help level the playing field among competing
fishermen, creating the regulatory conditions necessary to
intercept the open access dynamic that perpetuates overfishing.
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