The rising tide of fisheries instruments and the struggle to keep afloat

Since agreement was reached in 1982 on the UN Convention on the Law of the Sea, and particularly since the conclusion of the 1992 UN Conference on Environment and Development, the rate of development of global instruments impacting on fisheries has escalated considerably and is apparently continuing to do so. A flood of global and regional instruments relevant to fisheries has been generated, including, for example, the 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora which pre-dates the UN Convention, the 1992 Convention on Biological Diversity, 1992 Agenda 21: Programme of Action for Sustainable Development, the 1993 FAO Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, the 1995 UN Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, the 1995 FAO Code of Conduct for Responsible Fisheries and its four international plans of action and strategy, and the 2001 FAO Reykjavik Declaration on Responsible Fisheries in the Marine Ecosystem reflecting the growing international interest in ecosystem approaches to fisheries. Most recent has been the 2002 World Summit on Sustainable Development's Plan of Implementation. These instruments have been motivated by real problems associated with environmental degradation and living resource depletion, in several cases specifically in connection with fisheries. They have attempted to address these problems, and each instrument is recognized as being a positive contribution towards the sustainable use of resources and ecosystems. However, taken collectively they form a large, often confusing and potentially overwhelming set of recommendations and requirements that is putting many fishery management agencies under severe pressure as they seek to implement them. This paper provides a brief overview of the range of recent instruments and their implications for sustainable fisheries management, considers the progress being made in implementing them, identifies general problems being encountered and how they might be ameliorated in the future. A key problem is a lack of political will, or political ability, to address effectively the problems facing fisheries and marine ecosystems. One consequence of this is that the agencies charged with fisheries management are not provided with adequate technical and financial capacity to implement the instruments in most, if not all, countries. The problem is especially acute in developing countries where they are strained by the full effects of "instrument implementation fatigue".     

The politics of a new legal order for fisheries

Illegal, unreported, and unregulated (IUU) Fishing is considered a major threat to high seas fish stocks. Each of the the international regional fishery management organizations (RFMOs) are combating some form of IUU fishing and this led the Food and Agriculture Oranization of the United Nations (FAO) to adopt the International Plan of Action to Deter, Prevent and Eliminate IUU Fishing (IPOA-IUU). This article will analyze the issues involved with IUU fishing, examine the recommendations in the IPOA, and consider examples of successful management and enforcement measures in use by states and RFMOs. Finally, recent developments in China will be viewed as an example of how international cooperation is contagious.     

The case in international law for Canada's extension of fisheries jurisdiction beyond 200 miles

In March 1995, Canadian fisheries authorities boarded and arrested the Spanish fishing vessel, Estai, outside the Canadian 200‐mile zone on the Grand Banks, an event that served to focus world attention on a dispute that had its origins in the failure of the 1982 United Nations Convention on the Law of the Sea to implement an effective conservation and management regime for fish stocks on the high seas, particularly with respect to fish stocks that straddle coastal states’ exclusive economic zones. This article examines the origins of the dispute, including the allegations relating to overfishing of North Atlantic Fisheries Organization‐recommended quotas, the background to the vessel's arrest, and the subsequent confrontation that occurred, both at diplomatic levels and on the high seas, between Canada and the European Union. An analysis is made of the case in international law for Canada's extension of jurisdiction beyond 200 miles pursuant to the provisions of Section 5 of the Coastal Fisheries Protection Act. Finally, the article examines the implications of the recently concluded Agreement on the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks for disputes of the kind that arose in the present case.     

Regional Fishery Organizations: How and Why Organizational Diversity Matters

Regional fishery organizations are increasingly being viewed as "vehicles of good governance" created to secure the sustainable development of international fisheries. These political expectations have not been followed by analytical refinement of how to explain and understand their formation, roles, objectives, institutional setups, or efficiency. This article provides a conceptual discussion of regional fishery organizations and introduces an organizational typology as a basis for their study. Thus, an analytical distinction is made between regional fisheries management organizations, regional coordination and development organizations and scientific research organizations. This typology and the evolution of the Law of the Sea, from an open access to the exclusive economic zone regime, are used to analyze the institutional arrangements of regional fishery organizations.     

The need for conservation and management of Philippine coral reefs

Synopsis The biological diversity and productivity of Philippine coral reefs are threatened by siltation, destructive fishing methods, coral and shell collecting and overfishing. Destructive fishing includes: the widespread, illegal use of explosives; poisons such as sodium cyanide; muro-ami and kayakas fishing; and trawling. The recent decline in catch rates threatens the livelihood of 700 000 near-shore subsistence fishermen who catch 55% of the total landings. The new government under Corazon Aquino wishes to protect the marine environment through the creation of a viable marine conservation management plan, enforcement of existing laws and through cooperation between government, non-government and international agencies to provide education and research. The Department of Agriculture, which has the authority for fisheries, has designated the International Marinelife Alliance as the lead non-government agency involved with fund raising, net-training and finding alternatives to destructive fishing methods.This essay addresses the societal relationships of village fishery to government, aid organizations, and science. Vadim Vladykov always maintained close relationship with fishermen and devoted over a year of his life to helping develop fisheries in Iran.     

Changing National Approaches to Ocean Governance: The United States,Canada, and Australia

During the second half of the twentieth century interest in the development of integrated ocean governance has continued to grow, within individual states and on the international level as well. In the United States the work of the Stratton Commission led to the creation of the National Oceanic and Atmospheric Administration (NOAA) and the passage of the Coastal Zone Management Act. These developments were but the start of what has become ongoing concern with establishing coherent and comprehensive approaches to the management of ocean and coastal space. Globally, interest in more systemic approaches to ocean management increased with the negotiations for the 1982 United Nations Law of the Sea Convention and was further sparked by the issues raised at the 1972 Stockholm Conference on the Human Environment and the 1992 United Nations Conference on Environment and Development held in Rio de Janeiro. Several states have recently undertaken new initiatives to further the development of integrated ocean policies that reflect recognition of the need for ecosystem-based management. The purpose of this contribution is to examine developments in three states, the United States, Canada, and Australia, that have given this subject substantial attention and to assess the efforts being made and the nature of the problems that are being encountered.     

Pacta Tertiis and Regional Fisheries Management Mechanisms: The IUU Fishing Concept as an Illegitimate Short-Cut to a Legitimate Goal1

This article considers how international management of fisheries under the 1995 UN Fish Stocks Agreement and regional fisheries management organizations is affected by one of the basic principles of the law of treaties: the rule pacta tertiis nec nocent nec prosunt, by which international fisheries regulations as treaty-based obligations bind only the parties to the treaty concerned and not third states without their consent. It is shown that the relatively recent concept of IUU (illegal, unreported, and unregulated) fishing, often seen as a way to circumvent this problem, is flawed as a solution, largely because the leading global and European Union instruments in which it is embodied in effect equate unregulated fishing with illegal fishing in a way that pays insufficient heed to the constraints of the pacta tertiis rule.     

Permeable Boundaries: Outsiders and Access to Fishing Grounds in the Berau Marine Protected Area

The designation of Marine Protected Areas (MPAs) in Indonesia has been accelerated over the past two decades in line with international biodiversity conservation commitments and to secure a basis for decentralised fisheries resources management. The Berau MPA of northeast Kalimantan is one of them. This paper shows how the establishment of the park boundaries and zoning affects local fishers' livelihoods. Particular attention is paid to the position of outsider fishers or andon, who have a legal right to access the resource rich fishing grounds. Decentralised district government legitimises outsider fisheries activities because andon fishing permits bring in fees as a contribution to the regional income (PAD or pendapatan asli daerah), while international environmental organisations and local fishers regard the outsider fishers as illegitimately entering the MPA to access resources they regard as their own. Thus, MPA boundaries appear to be highly permeable, with both local fishers and environmental NGOs seeing the presence of andon as illegitimate and illicit, despite being legal.     

Enforcement Co-operation between Norway and Russia in the Barents Sea Fisheries

This article measures the Indonesian legal framework governing fishing vessel registration and fishing vessel licensing against the relevant international fisheries instruments. It is argued that the current Indonesian regulatory framework for vessel registration and licensing is not adequate to implement Indonesia's obligations under international fisheries instruments to combat illegal, unregulated, and unreported (IUU) fishing.     

Status of research on Yangtze fish biology and fisheries

The Yangtze is the largest river in China and the third largest river in the world. Being pregnant with plentiful fish resources, it is not only the representative of the areas with biological diversity, but also a cradle of freshwater fisheries in China. In the Yangtze, at present, the fishery resources are seriously depleted; the fishery yield by fishing is significantly reduced; significant changes have occurred on the structure of fish community, with decrease in migratory fish species, reduction in the quantity of the populations of rare, peculiar and economically important fish species and increase in the number of exotic fish species, and severe trend in fish stunting. Habitat fragmentation and shrinkage, resources overexploitation, water pollution and invasion of exotic species are the main causes for threatening fish stocks in the Yangtze River. Since 1950’s, a lot of scientific researches have been conducted on biology of fishes from the Yangtze River and its fisheries to provide scientific basis for their protection. In recent years, measures such as closed spring, fish reserves, artificial enhancement & release, ecological rehabilitation, fishery management and international cooperation have played important roles. Nevertheless, researches on fishes from the Yangtze cannot adequately meet the demand for their protection. Especially, those in the aspects of population ecology of Yangtze fishes, species endangerment mechanism, ecological effects of large hydraulic projects and protection strategy are not deep enough. It is recommended that scientific researches should be conducted in comprehensive survey of Yangtze fish resources, fish endangerment mechanism, techniques in artificial enhancement and release of key species, risk assessment of exotic species, ecological rehabilitation of major fisheries functional zones, etc.     

Non-management of Natural Resources: The Case of Inland Fisheries in the Mayan Zone,Quintana Roo,México

This study explores the management of inland fisheries on common lands (ejidos) within the Mayan Zone of Quintana Roo, Mexico. Qualitative survey data are used to examine whether there are (a) ongoing fishery conservation activities; (b) local caretakers of fishing sites; (c) restrictions on where fishing can take place; and (d) particular groups of individuals who lack the right to fish within the ejidos. Results indicate that in contrast to other local resources, fisheries in the ejidos have less defined use rights, being viewed as largely “open access”. In particular, most feel that outsiders can fish in an ejido if they abide by local rules (notably not damaging the local water bodies, asking consent to fish, and having a friend or relative in the community). However, there are within-community differences in views concerning management and conservation, with those more dependent on fishing being more likely to support exclusion of outsiders.     

Fisheries management in the twenty-first century: will new paradigms apply?

The last decade has seen growing concern at the uncertain effectiveness of most fisheries assessment and management approaches as reflected by trends in global landing statistics published by FAO. These imply full exploitation of the majority of fishery resources and a serious overcapitalization of fleets at the global level. Projected increases in demand, future prices for fisheries products, and impacts of growing world populations on the ecosystem all require an urgent search for improved management frameworks.Improved management of fisheries requires, first, an understanding of the axioms and working assumptions underlying the current approaches and how these evolved in response to regional or local conditions and target species. This should promote integration of methodologies which better reflect local situations and can be expressed in the form of one or more working paradigms. These paradigms should incorporate ecosystem considerations, including environmental fluctuations and socio-economic factors. They should not assume that current production levels are independent of natural fluctuations and human impacts and should recognize the dangers of maintaining open access to marine resources throughout their seasonal cycle, life history and distribution range.Wide-use management paradigms incorporating explicit user rights, participatory management and inputs from a variety of disciplines and stakeholders are becoming popular, but must operate within a hierarchy of pre-negotiated responses to pre-specified limit reference points so that social and economic options are not lost because conservation issues have not been given precedence.Academic and research institutions could aid the management process by more participation, by promoting interdisciplinary teamwork with stakeholders and by breaking down excessive specialization and regionalization within fisheries studies. On the management side, the key elements for improving the situation seem to be consultative management frameworks that explicitly incorporate watchdog functions and implement precautionary approaches to management. Risk-averse strategies are appropriate but, given the high level of uncertainty that managers face with natural systems, fail-safe management with redundancy, both in the data sources they rely on for fishery performance and in the management measures applied, seem appropriate.For near-shore resources, governments could consider partly devolving management responsibility to appropriate levels in society, involving coastal communities, individual use rights and other vehicles for allocating access. Changing emphasis of modern technology from fisheries exploitation to improved management will be one aspect of successful future management systems, perhaps incorporating geotemporally defined access rights to near-shore and shelf resources.Recent international agreements, including the formal ratification of the Law of the Sea, show that governments are prepared for more ecologically appropriate approaches. The key stake of the fisheries industry in sustainable fisheries development needs supporting, particularly for developing countries, now the major source of aquatic marine products. High priorities for management of marine resources are rebuilding depleted resources and restoring habitats, with concern for maintaining genetic and ecological diversity. There will be a need to consider impacts of global trade on conservation of resources for future generations, if proper management is to be maintained in the face of growing demand.International agreements of relevance to future management paradigms which are compatible with the Law of the Sea Convention (and each other), include Agenda 21 of UNCED, the Biodiversity Convention, the UN Agreement on Straddling Fish Stocks and Highly Migratory Fish Stocks, the Compliance Agreement and the FAO Code of Conduct for Responsible Fisheries. Such agreements, ratified or now open for signature, provide a comprehensive basis for future customary law that can assist authorities in constructing appropriate management frameworks. Current concern remains with application of these agreements in international waters, where limited access as required for proper management still has not been established.     

Composition of the Aboriginal harvest of fisheries resources in coastal New South Wales,Australia

A key aspect of equitable management of the world’s fishery resources is the provision of traditional fishing access for Indigenous peoples. In Australia, increased recognition of the importance of fisheries to Indigenous culture and livelihoods over recent years has created a need for information on the species targeted to support policy and management. In the State of New South Wales (NSW), research on Indigenous fisheries catch composition is limited to two major studies. Here, we compare and combine data on Indigenous catch composition from these two studies to produce a comprehensive synthesis of current knowledge of Indigenous fisheries in NSW. The species harvested include more than 150 species of finfish and invertebrates, over 90 % of which are also harvested by commercial and recreational fishers. Our findings provide an empirical basis for future development of policy and management initiatives to meet the needs of Indigenous fishers and other stakeholders, as well as the principles of sustainable fisheries harvest.     

National fisheries chart 2000: a new instrument for fisheries management in inland waters

Institutional and legal frameworks have a widescope and need for improving or refiningexisting fisheries management tools, and forincreasing capabilities of the public andprivate sectors to better manage thedevelopment of fisheries activities, either inmarine or freshwater ecosystems. Despite thelarge surface area covered by inland waters inMexico, its production during the last 20 yearsremained at the same level, i.e. productionused for local consumption in rural areassupports food for the poorest communities. Thepresent document deals with the most recentlegal exercise that shows that there are manyopportunities to strengthen technicalcooperation and develop policies and commercialissues related to freshwater fish in inlandwaters.The Mexican federal administration during theyears 1994 to 2000 fully endorsed policies thatbenefited the relationship between thegovernment and fisheries sector. The Code ofConduct for Responsible Fisheries (CCRF), wasadopted in 1995 as a global intergovernmentalconsensus on the promotion of sustainablefisheries and aquaculture developments.Following its basic principles and norms, theNational Fisheries Institute (INP) elaboratedthe National Fisheries Chart in 2000. This isan example of recent advances to develop legalinstruments that fit the need for fisheriesmanagement. Such efforts and theirimplementation can be seen through technicaldata sheets in the (CNP) as well as othersuggestions provided to further promote thesustainable development of inland fisheries inMexico.     

Canada and Regional Fisheries Organizations: Implementing the UN Fish Stocks Agreement

Canada is a strong supporter of the United Nations Fish Stocks Agreement. Whether Canada's support is matched by its actions in strengthening regional fisheries organizations and arrangements dealing with straddling and highly migratory fish stocks is thus worthy of investigation. This contribution examines Canadian activities within regional fisheries organizations with particular reference to implementation of the precautionary and ecosystem approaches and the issue of enforcement of conservation and management measures. Although Canadian actions appear generally to be furthering implementation of the Agreement, comprehensive integration of words and deeds remains to be achieved.     

Using a tier classification system to evaluate the quality of bycatch estimates from fisheries

Bycatch continues to be a challenge to sustainable fisheries management (The term “bycatch” in this paper covers discards and does not include retained incidental catch). Bycatch estimates can inform stock status determinations by improving understanding of fishing mortality, and help managers monitor the effectiveness of regulations. Assessments of the quality of bycatch estimation programs and procedures are necessary to evaluate the precision and limitations of their results over time. NOAA Fisheries experts used a “Tier Classification System” (TCS) to compare the quality of fish bycatch data and estimation methods for U.S. commercial fisheries in 2005 and 2015. The TCS included criteria related to data adequacy and analytical approaches. A comparison of U.S. fishery tier scores demonstrated that most fisheries were classified into higher tiers in 2015 compared to 2005 due to factors including improved sampling design. In addition, this comparison identified region-specific trends (e.g., mostly improvements occurred for Alaska fisheries with more mixed results for Greater Atlantic fisheries). The improvements in bycatch data quality and estimation methods in the United States are a result of financial investments in observer programs by NOAA Fisheries and industry partners, as well as effective conservation measures implemented by regional fishery management councils and NOAA Fisheries. The TCS was also used to assess bycatch data and estimation methods in all of Australia’s fishery jurisdictions for the decade 2010–19, illustrating the international applicability of the method. Overall, Australian state fisheries scored lower than federally managed fisheries in both the United States and Australia, reflecting the fact that the latter fisheries tend to be larger (and more valuable) than those in state jurisdictions, with a larger investment in observer programs. A comparison of tier scores and estimates of discards by fishery may provide a useful input for decision-making processes regarding allocation of resources to improve bycatch monitoring.

     

The mangrove-based coastal and nearshore fisheries of Bangladesh: ecology,exploitation and management

The mangrove forest of Bangladesh, the largest continuous mangrove forest of the world, is one of the most important coastal features of the country. The existence of the mangrove has increased the values of other coastal and marine resources such as the coastal and marine fisheries by increasing productivity and supporting a wide biological diversity. The artisanal fishery, which is highly influenced by mangroves, has been contributing 85–95% of the total coastal and marine catch of Bangladesh. The mangrove also supports offshore and deep sea fisheries by playing a significant role as nursery ground for many deep sea fishes and shrimps including the giant tiger shrimp (Penaeus monodon) which is the major species of the industrial bottom trawl fishery of Bangladesh. The mangrove also contributes significantly in shrimp farming which has been the most significant export-oriented industry since the 1970s. However, the mangrove fisheries have been under intensive pressure from deleterious fishing activities and deliberate aquaculture development by destructing mangrove habitats. The impacts of mangrove have been reflected in the contribution of artisanal fishery catch that has been in a continuous decline since the 1980s. Shrimp farming has been the most destructive contributor to mangrove destruction with a corresponding loss of biological resources particularly the wild shrimp fishery. This paper reviews different aspects of the mangrove fisheries of Bangladesh and discusses the impacts of different fisheries. The paper identifies the importance of reviewing, amending and/or replacing the traditional management approaches by the new management techniques such as habitat restoration and stock enhancement in the natural environment; the paper also identifies the need for research findings in formulating and implementing new management approaches.     

Fishing for Interpretation: The ITLOS Advisory Opinion on Flag State Responsibility for Illegal Fishing in the EEZ

On 2 April 2015, the International Tribunal for the Law of the Sea (ITLOS) rendered its first full-bench Advisory Opinion. In its reply to the request of the West African Sub-Regional Fisheries Commission the ITLOS found that Arts. 62(4), 58(3), 192 of the United Nations Convention on the Law of the Sea contain obligations for a flag state to ensure that vessels flying its flag do not engage in illegal fishing in the exclusive economic zones of coastal states. The Advisory Opinion has widely been praised for bringing clarity to the inadequate international fisheries law regime. This article undertakes to analyze the ITLOS's interpretive approach, expose interpretive deficiencies, and offer possible explanations for some of the outcomes where the ITLOS itself did not do so.