Sustainable Fisheries Act
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Sustainable Fisheries Act
Proposed by: Susie Dakota, Councillor for the Mishar republic
Preamble
An Act to provide for sustainable fisheries and for other purposes such as Preventing overfishing, rebuilding overfished stocks, increasing long-term economic and social benefits, ensuring a safe and sustainable supply of seafood, and protecting the habitat that fish need to spawn, breed, feed, and grow to maturity.
SECTION I: DEFINITIONS
I. Sustainable fishing gear: The minimum sizes, according to this regulation, are as follows:
Seine net: 135 mm,
Such part of any trawl net as is made of cotton, hemp, polyamide or polyester: 135 mm,
Such part of any trawl net as is made of any other material: 135 mm,
Lobster trawl: 80 mm,
Prawn trawl wings: 45 mm, and
Prawn trawl other parts: 36 mm.
SECTION II: EUROPEAN MARITIME ORGANIZATION
I. The European Maritime Organization (from now on, “EMO”) shall be established in the Free City of Europolis to oversee the proper implementation of this Act and set quotas, standards, policies, and penalties.
II. Quotas, standards, policies, and penalties are to be set on behalf of the EMO by the European Council.
III. EU member states are required to share data about the sealife inside their territorial waters.
SECTION III: REGULATIONS
I. Fishing Licenses
A) All commercial vessels of any length and recreational vessels over 6 meters in length within the waters of the European Union must obtain a fishing license from the government.
B) The licensed vessel must report their catch and provide data on the number of fish caught, the size of the fish, and the location where the fish was caught.
C) The licenses are subjected to review and renewal periodically to ensure compliance with regulations.II. Gear Restrictions
A) The use of fishing gear that harms the marine ecosystem, such as nets with small mesh sizes or bottom trawls, is prohibited. Only fishing gear that is deemed sustainable and does not harm the marine ecosystem is allowed.
B) The government shall conduct inspections of fishing gear to ensure that they meet the sustainable gear standards. The inspections shall be carried out at the time of issuing the fishing licenses, as well as during the fishing season.
C) Fishing and consumption of smaller organisms that cannot be caught by mesh sizes is prohibited.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 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 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 licensed vessel, and the sustainable fishing practices employed.
C) Quotas may be transferred between licensed vessels if the following conditions are met:- The transfer is documented in writing between the original intended vessel and receiving vessel.
- The EMO is formally notified by both parties of the transfer in writing.
- The transfer would not bring the receiving vessel above its capacity limit.
- The receiving vessel has the required gear and is capable of performing the required methods to catch the receiving species.
- The receiving vessel's license is in good standing and is not restricted or otherwise sanctioned.
IV. vessel Capacity Limits
A) The EMO shall establish limits on the capacity of all vessels operating within the waters of the European Union. These limits shall be based on the size of the vessel, the type of fishing gear used, and the sustainable fishing practices employed.
B) The government shall conduct regular inspections of all commercial fishing vessels and recreational fishing vessels over 6 meters in length to ensure compliance with the capacity limits. These inspections shall include checks on the vessel's registration, equipment, and overall condition.
C) Owners must report any changes in their vessel's capacity, such as upgrades or modifications, to the government. Failure to do so may result in penalties.V. Closed areas and/or seasons
A) The EMO & affected member state(s) shall establish designated areas within the waters of the European Union that are closed to fishing activities. These areas may include sensitive marine ecosystems, spawning grounds, or areas where certain species of fish are particularly vulnerable.
B) The EMO shall establish closed seasons during which fishing activities shall be prohibited within the waters of the European Union. These seasons may be based on the spawning cycles of certain species of fish or other factors that impact the sustainability of the fishing industry.
SECTION IV: PENALTIES
I. The government shall establish a system of monitoring and enforcement in compliance with EMO standards to ensure compliance with sustainable fishing laws. This may include the use of satellite tracking systems on fishing vessels, on-site inspections, and fines or penalties for violators.
II. If 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 owner must replace the gear with sustainable gear that meets the standards within a specified time frame.
IV. If a licensed vessel uses non-compliant fishing gear, they shall be subject to penalties, including fines or penalties. Repeat offenders may face more severe penalties, including suspension of or revocation of their fishing license.
V. If a licensed vessel exceeds their allocated quota, inclusive of quotas obtained by transfer, they shall be subject to fines or penalties. Repeat offenders may face more severe penalties, including suspension of or revocation of their fishing license.
VI. If a vessel is found to be operating above its capacity limit, the licensed vessel shall be subject to penalties, including fines or suspension of the fishing license. Repeat offenders may face more severe penalties, including revocation of their fishing license.
VII. If a 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. Repeat offenders may face more severe penalties, including suspension of or revocation of their fishing license.
VIII. The penalties are to be set by the EMO and national governments through the European Council.
SECTION V: ENFORCEMENT
I. All member states of the European Union are required to harmonize their national law(s) with this Act within one year from its approval by the European Council.
II. Any state found guilty of violating this Act shall be made liable for any economic damages caused as assessed by the European Court of Justice.
III. Any state that conceals or lies about fishing data shall be liable for any economic damage caused, which shall be assessed by the European Court of Justice.
Councillors, fishing is part of many European economies and cultures and I believe that these practices should be sustained to last for generations to come, both in Europe and elsewhere.
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In principle this is a good act however after looking at the details and having consulted with environmental agencies I would have to oppose this in its current form as it would cause more harm than good. This is incompatible with the Duchies fisheries management system. We have a system where by ships are given a quota for fish of any species based on scientific analysis and we ban fishing during the breeding season and growing stages of the fish so you can go out for so long until you hit your quota. This system would be illegal under this act and replaced by one where if you are at the Cod quota for your vessel but still have haddock quota left your only option is to throw excess dead cod overboard until you reach the haddock quota. This will devastate the environment by increasing dead fish thrown overboard.
Therefore I propose the following amendment to protect the environment :
III. Total Allowable Catches (TAC)A) The EMO establishes quotas
for each speciesof 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 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 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, and the sustainable fishing practices employed.
C)No fish may be thrown overboard once dead.
D) No fish may be caught during the breeding and fry season for fish to ensure a sustainable supply of fishThis will ensure that sustainable quotas are used , that there is no waste throwing fish overboard because you already have your quota of Cod and will also ensure the breeding and fry season of fish in each fishery is protected.I am afraid to say if this amendment or something similar allowing our existing system that has worked to keep the Caspian and Duchian fisheries sustainable is still legal we will have to vote against this act to protect our marine environment and fish stock from reckless throwing of fish overboard.
James Mizrachi-Roscoe , Councillor for United Duchies
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Debate will continue unil 23:59 on 12 March 2023.
Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen -
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:
Amendment 1:
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 andterritorial 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.
Amendment 2:
I. Fishing Licenses
A) All
individuals and companiescommercial 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.
Amendment 3:
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 holderlicensed 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 tolicense holderslicensed 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 thelicense holdervessel, 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.
Amendment 4:
B) The government shall conduct regular inspections of all commercial fishing vessels
boatsand 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.C)
License holdersOwners must report any changes in theirboat'svessel'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.
Amendment 5:
II. If
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, thelicense holderowner must replace the gear with sustainable gear that meets the standards within a specified time frame.
IV. If alicense holderlicensed vessel uses non-compliant fishing gear, they shall be subject to penalties, including fines orsuspension of the fishing licensepenalties. Repeat offenders may face more severe penalties, including suspension of or revocation of their fishing license.
V. If alicense holderlicensed 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 afishing boatlicensed vessel is found to be operating above its capacity limit, thelicense holderlicensed 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 alicense holderlicensed 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.
Amendment 6:
I. All member states of the European Union are required to harmonize their national law(s) with this Act within
six monthsone 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.
Amendment 7:
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.
Wesley Greene
Councillor-General of the Duxburian Union -
Debate will be further extended to 23:59 GMT on 20 March 2023.
Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen -
In light of the right honourable councillor Greens amendment three which I find an acceptable solution I withdraw my amendment and will only vote for this act with that amendment passed.In order to protect the Duchies and Caspian fishing system.
James Mizrachi-Roscoe , Councillor for United Duchiez
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Debate has ended. Seven amendments have been proposed, as follows:
Amendment 1: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 andterritorial waters.Amendment 2:
I. Fishing Licenses
A) All
individuals and companiescommercial 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.Amendment 3:
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 holderlicensed 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 tolicense holderslicensed 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 thelicense holdervessel, 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.Amendment 4:
B) The government shall conduct regular inspections of all commercial fishing vessels
boatsand 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.C)
License holdersOwners must report any changes in theirboat'svessel's capacity, such as upgrades or modifications, to the government. Failure to do so may result in penalties.Amendment 5:
II. If
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, thelicense holderowner must replace the gear with sustainable gear that meets the standards within a specified time frame.
IV. If alicense holderlicensed vessel uses non-compliant fishing gear, they shall be subject to penalties, including fines orsuspension of the fishing licensepenalties. Repeat offenders may face more severe penalties, including suspension of or revocation of their fishing license.
V. If alicense holderlicensed 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 afishing boatlicensed vessel is found to be operating above its capacity limit, thelicense holderlicensed 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 alicense holderlicensed 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.Amendment 6:
I. All member states of the European Union are required to harmonize their national law(s) with this Act within
six monthsone year of time from its approval by the European Council.Amendment 7:
Replace all mentions of "boat" or "fishing boat" with "vessel" and replace any uncaught mentions of "license holder" to "licensed vessel".
Voting begins NOW and will continue until 5 April 2023 at 23:59 GMT.
Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen -
On behalf of the Republic of Istkalen, I vote FOR Amendments II, III, IV, V, VI, and VII, and ABSTAIN on Amendment I.
Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen
Voting will also continue until 23:59 GMT on 10 April 2023.
Iras Tilkanas
Council Speaker -
On behalf of United Duchies I vote FOR amendments II, III, IV, V and VII and AGAINST Amendments I and VI
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Pinned by
Istkalen
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On behalf of the Mishar republic, I vote FOR all amendments.
Mrs. Susie Dakota -
I vote FOR Amendments II, III, IV, V, VI and VII and AGAINST Amendment I.
Donald Tusk
Councillor for Spain -
On behalf of the United Kingdom, I abstain having agreed with all amendments.
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On behalf of the Union of Duxburian Dominions, I vote FOR all amendments.
Wesley Greene
Councillor-General of the Duxburian Union -
On behalf of the Commonwealth of Leagio, I vote FOR amendments I, II, VI, and VII; I vote AGAINST amendments III, IV, and V.
Lionel Morel
EU Councilor for Leagio -
Unpinned by System
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With two votes against and three for, Amendment I has PASSED.
With six votes for, Amendment II has PASSED.
With five votes for and one against, Amendment III has PASSED.
With five votes for and one against, Amendment IV has PASSED.
With five votes for and one against, Amendment V has PASSED.
With five votes for and one against, Amendment VI has PASSED.
With six votes for, Amendment VII has PASSED.
Final voting will begin now and continue until 23:59 GMT on 16 April 2023.
Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen -
Pinned by Istkalen
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On behalf of United Duchies I vote FOR this act
James Mizrachi-Roscoe, Councillour for United Duchies -
On behalf of the Mishar republic, I vote FOR this act.
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On behalf of the Kingdom of Spain, I vote FOR this act.
Donald Tusk
Councillor for Spain -
On behalf of the Commonwealth of Leagio, I vote FOR this act.
Lionel Morel
EU-Councilor for Leagio -
With four votes for, this act has PASSED
Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen -
Unpinned by Istkalen
The Kingdom of Spain
