Sustainable Fisheries Act 2023

Istkalen

Sustainable Fisheries Act

Proposed by Councillor Suzie Dakota (Mishar) :: Passed (4-0) 29 April 2023 :: Unamended

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.