New publication: Getting to the bottom of rules on the strict protection of species and bycatches from fisheries

Thurfjell, R., 2024. Getting to the bottom of rules on the strict protection of species and bycatches from fisheries (in the Exclusive Economic Zone) through the lens of the Baltic Proper Harbour Porpoise. Nordic Environmental Law Journal.

This article examines the intersection between fishery and environmental policy in the European Union, with particular focus on bycatch of marine species that are subject to rules under Article 12 of the Habitats Directive. More precisely, the article aims to analyze to what extent Member States are obliged to take measures against fisheries to eliminate bycatches of strictly protected species in their marine waters, according to Article 12 of the Habitats Directive, and thus to analyze to what extent the obligations under the Article applies to fisher- ies. Thereafter, the article will assess to what extent Member States have the power to take measures against fisheries to protect Annex IV species from bycatch outside marine protected areas in the EEZ. An aim is also to contribute with new knowledge on the legal preconditions to implement an ecosystem approach to fisheries management, an approach that should be applied according to the CFP Regulation. The EU has adopted the Technical Regulation as a tool for implementing Article 12, with general rules to mitigate and monitor bycatch and a regionalization process under which Member States can initiate additional measures for the same pur- pose. Conclusions show that if applied fully in accordance with the requirements of Article 12, the Technical Regulation has potential as a tool for contributing to the objectives of the Habitats Directive. However, lack of political ambition by Member States risk leading to weak measures and non-compliance.

https://nordiskmiljoratt.se/onewebmedia/NMT_2024-1_Thurfjell.pdf