The Common Fisheries Policy (CFP) is the European Union's policy for the management of fisheries and aquaculture. The EU treaty states that there should be common rules in this area adopted at EU level and implemented in all EU countries. Fish are a natural and dynamic resource and therefore are considered as a common resource. In so doing, this policy must take into account the biological, economic and social dimension of fishing.

EU's key objectives

¤ Conservation: to protect fish resources by regulating the amount of fish taken from the sea, by allowing young fish to reproduce and by ensuring these measures are respected.

¤ Structures: to help the fishing and aquaculture industries adapt their equipment and organisations to the constraints imposed by scarce resources and the market;

¤ Markets: to maintain a common organisation of the market in fish products and to match supply and demand for the benefit of both fishermen and consumers;

¤ Relations with the outside world: to conclude fisheries agreements at an international level within regional and international fisheries organisations for common conservation measures in deep-sea fisheries.

Malta's fisheries policy

The fisheries sector in Malta has, like agriculture, multi-functional characteristics, particularly in view of its traditional social and cultural dimensions. It provides a typical seascape in the main fishing villages, which in itself is a tourist attraction. As an island that largely depends on tourism, the availability of fresh fish, particularly species that are typical to Malta, is of utmost importance.

The main fish caught in Malta are blue fin tuna, the dolphin fish (commonly known as lampuka) and swordfish. Over the past years, fish landings per year have ranged between 850 and 1,050 tonnes.

In general, the Maltese fishing fleet may be categorised as an artisanal fleet. There are only 370 people registered as professional full-time fishermen owning some 314 vessels, some of which quite small. The average age of the fleet is around 20 years old.

A further 1,500 boats or so are owned by part-time fishermen. They differ substantially in shape, size, gear utilised and hours spent in fishing activities. Both professional and amateur fishermen fish in coastal waters and other areas. However the larger part of fish landings originates from the high seas, that is, from international waters.

The main negotiating issue in this area is well known. Over the past 30 years, Malta has managed a fishing zone of 25 miles around the Maltese Islands in an effort to conserve fish stocks. On the other hand, EU law states that although member states may keep the first 12 miles from their shore baselines exclusively to their own nationals, beyond this point fishing should be free from restrictions for all EU fishermen.

This means that Malta's negotiations had to concentrate on the fishing activity that can take place in the area around Malta between 12 and 25 miles. After membership, only Maltese fishermen will be able to continue fishing in the first 12 miles. But unless Malta negotiated on this issue, fishermen from EU countries would be able to fish freely in Malta's 25-mile zone beyond the 12 miles.

This is a concern for Maltese fishermen and the scientific community alike. They argue that unrestricted access to the 25-mile zone would leave an indelible mark on the sustainability of the fish stocks in this ecologically important area. The concern also stems from the fact that neighbouring fishing fleets are known to be better equipped and more technologically advanced.

This was the main negotiating point. Malta wanted to maintain a conservation zone of 25 miles around Malta in which only small-scale, coastal fishing is allowed. This zone would be managed by the Maltese authorities in a way that would allow fish stocks around Malta to be fished in a sustainable way.

What was negotiated?

During negotiations, the EU accepted that Malta's membership should not lead to a decline in the protection of fish stocks in this zone. Agreement was therefore reached on a permanent 25-mile zone around the Maltese Islands that will be managed by the Maltese authorities for conservation purposes. This agreement will be incorporated into EU law.

In this conservation zone only vessels smaller than 12 metres will be allowed to practise fishing. Vessels under 12 metres are considered by the EU as boats which practise small-scale coastal fishing. This is the type of fishing that is recognised as the least harmful to the ecological environment.

This means that for a boat from any other country to fish in Malta's 25 mile zone it would have to be smaller than 12 metres. But it is known that it is not financially feasible for this size of boat to do so because of the diesel costs incurred in covering the distance.

Certain EU countries also have national laws that ban boats smaller than 12 metres from leaving their coastal waters. Furthermore, the influx of foreign boats of this size will be further prevented because a list of boats under 12 metres that currently fish in the zone will be drawn up and fishing effort will not be increased. All these factors make it very difficult for foreign boats to operate in Malta's 25-mile zone.

Equally, however, since the agreed measures do not discriminate between Maltese and EU fishermen, the outcome of the negotiations also means that as a rule, Maltese fishermen with boats larger than 12 metres will not be able to fish in the 25-mile zone. These make up around six per cent of the Maltese fishing fleet. This category of fishermen will be assisted to be able to fish outside the zone, as shall be explained below.

By way of exception to this arrangement, four types of fishing activities will nevertheless be allowed in Malta's 25-mile zone by vessels that may be larger than 12 metres. These are as follows:

Trawling: Trawling in designated areas within the conservation areas will be allowed. The size limitation of trawlers has been set at 24 metres. This means that only trawlers smaller than 24 metres will be allowed to trawl in the conservation area, and within this area trawling can only take place in the areas that are specifically designated for trawling.

As a further restriction, in areas where the depth of the sea floor is less than 200 metres, such as the Hurd Bank, apart from being smaller than 24 metres, trawlers must also have an engine capacity that does not exceed 250 hp.

Another measure which will limit trawling activity in the 25-mile conservation area is that the total trawling capacity within the 25-mile zone should not increase from its present level. This means that there can be no further registration of trawlers, both local or foreign, that can fish in the zone.

Lampuki: The management regime adopted through the years by the Maltese authorities for the fishing of dolphin fish, commonly known as lampuki, was looked upon very favourably by the EU. In Malta, the government issues permits for fish aggregating devices (FADs) which are laid in the sea along straight-line courses.

There are around 130 possible locations where these courses may be placed around the Maltese Islands. In recent years, Maltese fishermen have taken up around 110 of these courses. Upon Malta's accession, any remainder will be available to EU fishermen who may wish to apply for a permit to fish for lampuki.

There is no size restrictions on the vessels fishing for lampuki. This means that a boat which is larger than 12 metres can fish for lampuki during the lampuki season in the conservation area. Of course, only Maltese fishermen will be allowed to fish for lampuki in the 12 miles off the Maltese shores.

Lampara: There are no restrictions on lampara fishing. This is small pelagic purse-seining which means fishing with a net that closes up around schools of fish such as bogue (vopi) and mackerel (kavalli) with the aid of light. This type of fishing is dying out and there are very few fishermen who still practise it in Malta. Lampara fishing by other EU countries mainly targets anchovies and sardines. These are only found in very small quantities in Malta's 25-mile zone.

Tuna, swordfish and other highly migratory fish: Migratory fish do not fall into the remit of the conservation area as in their very nature, being migratory, they are not a resource of the area. The aim of the conservation area is to protect the resources of the area itself. During negotiations, Malta presented to the EU a number of studies which show the negative effects of purse-seining and industrial long-lining (two very intensive fishing methods) in the area.

The EU recognised the conflict that exists between these intensive active fishing methods and the less intensive passive fishing operations practised by the Maltese fishing fleet.

For this reason, the EU, together with Malta as a member state, will, on accession, ensure sustainable fishing.

Maltese fishermen whose boats will be affected

While the majority of the catch of the larger Maltese vessels has always been caught outside the 25-mile zone as explained above, a few Maltese vessels which fish in the 25-mile zone after membership, will not be able to continue doing so or which may do so but with restrictions.

In order to address this problem, the Maltese government announced that it would give these fishermen financial aid to allow them to upgrade their equipment to enhance their fishing efficiency and be able to fish outside the zone.

This aid is being given over a period of 18 months and will focus on improving the efficiency of the boat as well as bringing the fishing boat in line with new health and safety requirements. The Fisheries Division within the Ministry of Agriculture and Fisheries will discuss with every boat owner to establish what is needed to make the fishing vessel safer and more efficient.

(To be concluded)