Maximum Sustainable Yield in the Common Fisheries Policy

The report examines the legal requirements of the CFP Basic Regulation regarding Maximum Sustainable Yield (MSY). It argues that to achieve the objective of restoring and maintaining stocks above MSY levels, fishing mortality rates must be set below FMSY, treating FMSY as a limit rather than a target. The document identifies failures in the 2015 TAC Regulation and the Baltic Sea multiannual plan proposal, and recommends that all EU fisheries management, financial aid, and international negotiations be strictly aligned with the 2015/2020 FMSY requirement.

• The MSY objective in Article 2(2) of the Basic Regulation requires that fisheries management aim to restore and maintain fish populations above levels capable of producing maximum sustainable yield. This is to be achieved through MSY-based exploitation rates (FMSY) by 2015 where possible, and by 2020 at the latest on a progressive, incremental basis.
• Setting fishing mortality rates exactly at FMSY is insufficient to meet the MSY objective because it would only result in stocks being above MSY levels approximately 50% of the time. Consequently, FMSY must be treated as a limit reference point rather than a target, meaning exploitation rates should generally be set below FMSY.
• The objective of achieving a 'good environmental status' by 2020 under the Marine Strategy Framework Directive (MSFD) creates a mandatory deadline for achieving the MSY objective, as one criterion for this status is the reproductive capacity of the stock to produce MSY.
• The precautionary approach to fisheries management, as defined in the Basic Regulation and the UN Fish Stocks Agreement, mandates that a lack of scientific information cannot justify delaying conservation measures. The report notes that ICES reference points like Bpa and Fpa are necessary but insufficient on their own to deliver the full MSY objective.
• The 2015 TAC Regulation is cited as a case of inadequate implementation, where fishing opportunities for many stocks were set at levels inconsistent with the MSY objective and the 2015/2020 FMSY requirement, often without justification or alignment with scientific advice.
• The European Commission's proposal for the Baltic Sea multiannual plan is criticized for using weaker language than the Basic Regulation, stating it should 'aim at contributing to' objectives rather than requiring their achievement, and for allowing exploitation ranges that include values above the point value of FMSY.
• EU financial assistance under the European Maritime and Fisheries Fund (EMFF) and the Common Market Organisation (CMO) must be conditional upon compliance with the Basic Regulation's objectives, including the MSY objective.
• The Union is legally required to ensure that its positions in international fisheries organisations and its engagements with third countries regarding shared stocks are consistent with the MSY objective in Article 2(2).

APA

ClientEarth (2015). Maximum Sustainable Yield in the Common Fisheries Policy. https://www.clientearth.org/media/qp2pke1p/2015-09-08-maximum-sustainable-yield-in-the-common-fisheries-policy-ce-en.pdf

Chicago

ClientEarth. Maximum Sustainable Yield in the Common Fisheries Policy. 2015. https://www.clientearth.org/media/qp2pke1p/2015-09-08-maximum-sustainable-yield-in-the-common-fisheries-policy-ce-en.pdf.

Wikipedia

{{cite report |author=ClientEarth |title=Maximum Sustainable Yield in the Common Fisheries Policy |date=September 2015 |url=https://www.clientearth.org/media/qp2pke1p/2015-09-08-maximum-sustainable-yield-in-the-common-fisheries-policy-ce-en.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{clientearth2015maximum, author = {{ClientEarth}}, title = {{Maximum Sustainable Yield in the Common Fisheries Policy}}, institution = {ClientEarth}, year = {2015}, month = sep, url = {https://www.clientearth.org/media/qp2pke1p/2015-09-08-maximum-sustainable-yield-in-the-common-fisheries-policy-ce-en.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }