The Duxburian government has issues with the act as written, but they are amendable, so here's a list of things that need to be reworked before we could support it:
I. Exclusive Economic Zone (EEZ): an area of the ocean, extending 200 nautical miles beyond a nation's territorial sea, within which a coastal nation has jurisdiction over both living and nonliving resources.
III. EU member states are required to share data about the sealife inside their
EEZs and territorial waters.
Duxburian naval doctrine compels us to oppose the very concept of EEZs itself. These waters so far from a member state's land borders cannot be defended on a permanent and constant basis, thus nobody owns them. The EU however, is welcome to regulate such waters. Simply striking EEZs ensures Duxburian support for the act and avoids my government throwing a temper tantrum, which it has a literal exponentially greater capacity to throw compared to others out there. I'd love to just not have to deal with that.
I. Fishing Licenses
individuals and companies commercial vessels of any length and recreational vessels over 6 meters in length engaged in fishing within the waters of the European Union must obtain a fishing license from the government. The license is required for all types of fishing, including commercial and recreational fishing.
In my country, vessels are licensed, not people. It's really the vessel that gets inspected, carries the equipment, does the fishing, has the quotas, etc..so it's the vessel that really needs the license, not the crew or owner. Individual licenses are impractical in an industry where crews may shift each trip and owners can have many different vessels flagged of different countries. The lack of an individual mandate does not stop a member state from imposing that on their own territorial waters, if they so desire, however.
The reason I added recreational over 6 meters is acknowledgment that large recreational boats are capable of a lot of fishing, but also that there is a threshold below which it's not worth the cost to regulate. The Duxburian government simply isn't going to demand personal fishing kayaks be licensed, nor will it go after 2 people casting off the stern of a sunfish craft, nor will it stop kids or one-off day trippers and demand to see their licenses. We don't have this level of control over our society, nor the funding, and it's silly and unrealistic to expect this.
III. Total Allowable Catches (TAC)
A) The EMO establishes quotas for each species of fish that can be caught within a certain time frame. The quota is based on scientific studies of the fish population and sustainability. The
license holder licensed vessel is allowed to catch a specific amount of fish within the quota limit.
B) The TACs shall be divided into quotas that shall be allocated to
license holders licensed vessels based on a fair and transparent process. The quotas shall be determined based on factors such as the size of the vessel, the fishing history of the license holder vessel, and the sustainable fishing practices employed.
C) Quotas may be transferred between licensed vessels if the following conditions are met:
1. The transfer is documented in writing between the original intended vessel and receiving vessel.
2. The EMO is formally notified by both parties of the transfer in writing.
3. The transfer would not bring the receiving vessel above its capacity limit.
4. The receiving vessel has the required gear and is capable of performing the required methods to catch the receiving species.
5. The receiving vessel's license is in good standing and is not restricted or otherwise sanctioned.
I share Councillor Mizrachi-Roscoe's concerns about bycatch waste - in an inflexible system, a quota-fearing captain will jettison otherwise good fish overboard dead. I thought about establishing quota ranges rather than hard quotas, but ended up leaving in hard quotas and going for a system that actual fishers use already - transferable quotas. If you have significant bycatch of a species you can't legally land, you just trade part of your unused quota for some other species with another boat for part of theirs. Fishing is a tight-knit industry, captains know each other and trade these quotas often to cover their bycatches. I set a bunch of conditions that prevent abuse of trading.
The rest of Councillor Mizrachi-Roscoe's amendment doesn't work, as there are legitimate reasons to get rid of dead fish, such as disease or contamination. Likewise, clause D is too broad and would ban all fishing for any species during any breeding season for any other species. Fish species breed at different times, there is always something breeding at any given time. Closed seasons should be very specifically targeted when possible and closures shouldn't affect other species when possible.
B) The government shall conduct regular inspections of all commercial fishing vessels
boats and recreational fishing vessels over 6 meters in length to ensure compliance with the capacity limits. These inspections shall include checks on the boat's registration, equipment, and overall condition.
License holders Owners must report any changes in their boat's vessel's capacity, such as upgrades or modifications, to the government. Failure to do so may result in penalties.
Again, the Duxburian government is just not gonna inspect kayaks, canoes, personal cruisers, small center console powerboats, and other such small recreational craft.
an individual or a company is found fishing without a valid fishing license, they shall be subject to fines. any commercial fishing vessel or recreational fishing vessel over 6 meters in length is found fishing without a valid fishing license onboard or on-file, it shall be subject to fines or penalties.
III. If any fishing gear is found to be non-compliant with the sustainable gear standards, the
license holder owner must replace the gear with sustainable gear that meets the standards within a specified time frame.
IV. If a
license holder licensed vessel uses non-compliant fishing gear, they shall be subject to penalties, including fines or suspension of the fishing license penalties. Repeat offenders may face more severe penalties, including suspension of or revocation of their fishing license.
V. If a
license holder licensed vessel exceeds their allocated quota, inclusive of quotas obtained by transfer, they shall be subject to fines or penalties ,including fines or suspension of the fishing license. Repeat offenders may face more severe penalties, including suspension of or revocation of their fishing license.
VI. If a
fishing boat licensed vessel is found to be operating above its capacity limit, the license holder licensed vessel shall be subject to fines or penalties ,including fines or suspension of the fishing license. Repeat offenders may face more severe penalties, including suspension of or revocation of their fishing license.
VII. If a
license holder licensed vessel is found to be fishing within a closed area or during a closed season, inclusive of quotas obtained by transfer, they shall be subject to fines or penalties ,including fines or suspension of the fishing license. Repeat offenders may face more severe penalties, including suspension of or revocation of their fishing license.
This amendment reworks the section for licenses by vessel and applies better consistency to fines or penalties for first offenses, with suspension or revocation possible for repeat offenses. No one is getting suspended for a first offense, that's just silly.
This is another place where fishing licenses by individual doesn't work. If the gear doesn't meet standard, who has to replace it? "The license holder" you mean the owner? What if the owner is a public company? What if it's more than one company? A rental operator? The captain? Anyone on the crew? They're all license holders under the unamended act.
I. All member states of the European Union are required to harmonize their national law(s) with this Act within
six months one year of time from its approval by the European Council.
This act needs more time for compliance. The required minimum gear is all in units of measurement my country does not use, so we will have to re-inspect literally every commercial and recreational ship of size to convert the gear. Marian and metric units are directly convertable base 10 to base 10, but it's still a pain in the ass when new limits are slight adjustments that have to be made everywhere. We are fine with this since units have to be in something and the rest of the world doesn't use ours, but we need time to do that.
Replace all mentions of "boat" or "fishing boat" with "vessel" and replace any uncaught mentions of "license holder" to "licensed vessel".
My predecessor was a stickler for consistency and I guess our legal system has caused me to become one as well. It's also worth noting that not everything that fishes is a "boat" and that does matter from a legal perspective. Duxburian courts go strictly by what's written and won't give you even a mark of wiggle room on intent.
Anything not addressed by an amendment is something the Union of Duxburian Dominions is otherwise fine with.
Councillor-General of the Duxburian Union