Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-nr4z6 Total loading time: 0 Render date: 2024-05-21T15:09:48.041Z Has data issue: false hasContentIssue false

4 - Risk-Based Regulation

The Case of the Revised Approach to Fisheries in Marine Protected Areas

Published online by Cambridge University Press:  15 December 2022

Margherita Pieraccini
Affiliation:
University of Bristol
Get access

Summary

This chapter discusses the development of risk-based approaches to regulating fisheries in marine protected areas. England has adopted a matrix that divides European Marine Sites into red, amber, green and blue based on the risk degree of gear/(sub)feature interactions. Applying the logic of risk-based regulation has meant that the enclosure of fisheries has been partial, and this is a welcome step towards a proportionate response, but it runs the risks of not being sufficiently precautionary to comply with the interpretation of article 6(3) of the Habitats Directive under retained case law. Besides, risk-based regulation is not without its critics and even in this case certain shortcomings are apparent. In reviewing the English revised approach, the chapter pays attention also to the actors involved and the knowledges accepted as evidence in developing and implementing the approach and in doing so it also taps into debates of commoning, asking whether the revised approach has facilitated collective problem-solving and epistemic inclusivity.

Type
Chapter
Information
Regulating the Sea
A Socio-Legal Analysis of English Marine Protected Areas
, pp. 74 - 93
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×