Improving fishery law enforcement in marine protected areas.
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Date
2010-02Author
Long, Ronán
Monteiro, Sara
Vázquez, Xavier
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Monteiro, Sara, Vázquez, Xavier, & Long, Ronán. (2010). Improving fishery law enforcement in marine protected areas. Aegean Review of the Law of the Sea and Maritime Law, 1(1), 95-109. doi: 10.1007/s12180-009-0002-6
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Abstract
There are several international and European legal instruments which
provide a legal basis for the establishments of marine protected areas (MPAs) for
the purpose of improving fishery management in the marine environment. Nevertheless,
the effectiveness of MPAs remains open to debate and considerable
attention is now focussed at international and European levels on how to improve
the enforcement of regulations in MPAs. In this context, there is little doubt but that
monitoring, control and surveillance (MCS) are indispensable tools for improving
law enforcement and compliance in such areas. Indeed, recent experience in the
European Union suggests that the effectiveness of MCS ought to be a primary
consideration when designated areas to be protected in the marine environment.
Accordingly, the aim of this article is to focus on some of the difficulties that must
be overcome in order to improve the effectiveness of MCS in MPAs. Particular
emphasis is placed on the problems that stem from the absence of common definitions
regarding the characteristics of the area to be protected, the absence of
harmonisation of MCS in such areas, as well as the problems that stem from
practical considerations such as the size, shape and location of MPAs. The article
also reviews basic fishery enforcement measures which can improve the effectiveness of MPAs including: hydrofencing, special fishing permits, one gear
rule, as well as specific monitoring systems and security enforcement zones.
Although the total harmonisation of regulatory measures is desirable from a law
enforcement perspective, the article nonetheless concludes that it is also possible to
have specific MCS solutions tailored to meet the characteristics of the area that
needs to be protected.