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1.
《Marine Policy》2001,25(5):353-364
On the 20th of April 2001 the coastal States and fishing nations of the South East Atlantic Ocean adopted the “Convention on the Conservation and Management of Fishery Resources in the South East Atlantic Ocean”. This article analyses the process of negotiating the convention, from its initiation by Namibia in 1995 until its adoption in 2001. It argues that the fisheries played a secondary role in the process, while the negotiations revolved around the appropriate status and implementation of the UN Fish Stocks Agreement of 1995.  相似文献   

2.
The state of many fisheries and fishery resources requires a major change in development and management policies and strategies, at national and regional levels. The international Code of Conduct for Responsible Fisheries, adopted in FAO in 1995, provides the operational framework for such change, in all fisheries, in the oceans, inland waters, EEZs, international waters, as well as in aquaculture. In their respective areas of competence and in close collaboration, FAO and the World Bank are committed to facilitate the implementation of the Code by fishing and coastal nations. This paper presents the strategy they have developed for the purpose. The paper elaborates on: (1) the main policy-related issues faced by fisheries worldwide (bio-ecological, technological, economic, socio-cultural, institutional and legal, as well as scientific); (2) the Code of Conduct, its background, structure and scope; (3) the basis of the implementation strategy by FAO and the Bank; and the main types of activities involved at global, regional and national levels. In conclusion it describes briefly the main elements of changes imbedded in the strategy and shows that the implementation by FAO and the Bank as well as by the countries has already actively started.  相似文献   

3.
Treaties are usually concluded among national governments, which are also the traditional members of international organizations. The emergence of the European Community — a regional economic integration organization (REIO) to which member States have ceded some authority — has led to tensions in international environmental meetings and negotiations, in part because of foreign partners' uncertainty about how responsibilities are allocated between the REIO and its member States. This paper discusses the issues that arise when an REIO becomes a party to an international agreement or participates in an International organization, with particular attention to agreements and institutions that address international environmental issues.  相似文献   

4.
The declaration of exclusive economic zones (EEZs) granted coastal states sovereign rights over the marine resources in their EEZs and enabled developing coastal states to legally charge access fees to distant water fishing (DWF) nations for access to the resources in these waters. Despite the potential for economic gains, however, the ability of coastal states to benefit from the granting of sovereign rights and to ensure the sustainable use of their fisheries resources depends on how domestic fishing effort responds to the harvesting decisions of the DWF nations. We develop a stylized bioeconomic model to explore the change in fishing behavior of host and DWF nations when the two nations enter into an access agreement with varying levels of access fee. We further conduct an econometric analysis of changes in Pacific island nations’ harvesting behavior in response to the harvest decisions of DWF nations using data from the Western and Central Pacific tuna fishery. Our model results show that there is a range of variable access payment levels over which the host nation substitutes benefits from its domestic fishing activity with access payments from the DWF nation and that setting fees in this range can create a trap whereby host nations are forced to trade-off receiving a fair return to their fishery resources through access fees and retaining their own active fleet capacity. Our empirical analysis further shows a gradual shift in the way in which Pacific island host nations responded to the harvest decision of DWF nations as a result of the creation of the 200-nautical-mile EEZ.  相似文献   

5.
On 2 April 2015, the International Tribunal for the Law of the Sea (ITLOS) rendered an advisory opinion in which it held that Articles 58(3), 62(4), 94(2), 192 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) laid down a responsibility of flag States for fishing activities undertaken by private actors in the Exclusive Economic Zones (EEZs) of coastal States. In interpreting these provisions of UNCLOS, the ITLOS made reference to specific clauses in fisheries access agreements (FAAs) concluded by coastal States and flag States. This article examines in more detail the contribution of FAAs to the concept of flag State responsibility. It will first offer a brief discussion of the framework for fisheries access under national jurisdiction provided by UNCLOS and will then take a closer look at how certain provisions contained in FAAs have contributed –and could contribute in the future– to the concept of flag State responsibility in international fisheries law. The article concludes that FAAs have contributed significantly to the development of the concept of flag State responsibility for fishing activities in the past and may do so to a more limited extent in the future.  相似文献   

6.
The Third United Nations Conference on the Law of the Sea is attempting to codify international law for the use of ocean space. While the process of negotiations continues and many political‐legal problems remain to be solved, certain issues appear to be at, or near, a stage of general agreement. A major element of the emerging consensus involves the “baseline,” the line from which all claims to zones of sovereignty or jurisdiction are measured. In addition, the Conference has generally accepted a breadth of 12 nautical miles for the sovereign territorial sea and 200 nautical miles for a coastal state zone of economic competence. An acceptable definition, in a legal sense, of the continental shelf seems to be provided. A major problem in the division of ocean space among States involves the delimitation of boundaries between adjacent States—those sharing a common land boundary—and opposite States—those situated so as to face each other across bodies of water. The issue remains divisive. The final treaty or convention, if successfully negotiated, will not, however, address technical issues. These important problems will have to be resolved by scientists and technicians concerned with the earth measurements in the post‐treaty era.  相似文献   

7.
《Ocean & Coastal Management》2006,49(9-10):739-763
The framework for management of the ocean and coasts of the Pacific Islands region has been evolving since the early 1970s when Pacific Island countries played a significant role in the negotiations leading to the 1982 United Nations Convention on the Law of the Sea. Commencing with a summary of the provisions of relevant international instruments, this paper presents a broad overview of regional arrangements for ocean and coastal management in the Pacific Islands region. It considers the work of the various regional intergovernmental organizations with active programmes in ocean research and governance and the consultative arrangements that support coordination and collaboration. Consultative arrangements involving other stakeholders, such as local, regional and international nongovernmental organizations are summarised. To improve environmental governance and address increasing environmental threats, particularly in relation to coastal area management, consultative arrangements need strengthening. This applies equally to national and regional level consultation. The institutional and policy framework for the management and conservation of oceanic fish stocks that Pacific Island countries have been refining over a period of 25 years is suggested as providing useful lessons for strengthening coastal management processes and strategies in the region.  相似文献   

8.
For nearly a decade, governments have been discussing the need to improve efforts to conserve and sustainably use marine biodiversity in areas beyond national jurisdiction (ABNJ). Support for a new international agreement under the United Nations Convention on the Law of the Sea (UNCLOS) – an Implementing Agreement – on the conservation and sustainable use of marine biodiversity in ABNJ has been growing. In June 2012, at the United Nations Conference on Sustainable Development held in Rio de Janeiro, Brazil, States agreed to take a decision on the development of an international instrument under UNCLOS before the end of the 69th session of the United Nations General Assembly (UNGA), which runs from September 2014 to August 2015. In follow-up to this commitment, it was agreed to consider the “scope, parameters and feasibility” of this instrument. To inform these international discussions, this article highlights some potential options for the content of a new UNCLOS Implementing Agreement. It first reviews the history of UN discussions, and then elaborates on options to address key elements identified as priorities for States in 2011: marine genetic resources, including the sharing of benefits, area-based management tools, including marine protected areas, environmental impact assessments, capacity-building and the transfer of marine technology. It addresses cross-cutting issues such as the governing principles, institutional structure as well as on other critical points such as High Seas fishing and flag State responsibilities. The article concludes with suggestions on possible next steps in order to succeed in the negotiations for an agreement.  相似文献   

9.
It is widely recognized that fishing states are obliged to exercise flag state responsibility over their vessels. In an attempt to become a responsible fishing actor, Taiwan has endeavored to manage its distant water fishing fleet in accordance with international fisheries management. However, the long-standing problems of illegal, unreported and unregulated (IUU) fishing, fish laundering, and fishing overcapacity, which remained unsolved during the 1990s and early 2000s, brought its management capability into doubt. Failure to address these problems undermined the credibility of all management measures and ultimately resulted in a recommendation adopted by International Commission for the Conservation of the Atlantic Tunas (ICCAT) in 2005. This recommendation significantly affected Taiwan's distant water fishing policy. This paper examines how Taiwan assimilated this outside force into its fishing policy as a new response to international fisheries management and how fishers perceived this response. It shows that Taiwan's efforts in controlling distant water fisheries marked a big change, specifically manifest in three noticeable actions - reducing excessive bigeye-targeted efforts, deterring IUU fishing, and strengthening fisheries management. The study advises that management of small tuna vessels be effectively exercised and recommends future actions on providing subsidies for fishers to partially offset costs incurred by rule compliance, streamlining their administrative work, enhancing communication with them, putting more enforcement and meaningful penalties in place. Finally, the study indicates the existence of an interaction in the international fisheries management scheme, potentially favoring Taiwan to bargain for fishing rights and a favorable status in the participation of regional fisheries management organizations (RFMOs) in the future if it continues to exercise effective control of distant water fisheries.  相似文献   

10.
Roman Grynberg   《Marine Policy》2003,27(6):499-511
The paper considers the WTO negotiations on fisheries subsidies and the implications that envisaged disciplines will have on coastal developing countries. This is considered in relation to fisheries access agreements in the Central and Western Pacific where several least developed but resource rich island states such as Kiribati and Tuvalu are highly exposed to the risks associated with new WTO fisheries subsidies disciplines that do not consider their particular vulnerabilities. The paper considers some of the issues that coastal developing countries should incorporate into their emerging negotiating positions at the WTO. State-to-Sate fisheries access agreements which are often highly subsidised but where fishing vessel owners pay the equivalent of lump sum tax are paradoxically, the least distortionary and damaging to the environment. Strategies for managing the possible new disciplines are considered.  相似文献   

11.
The risk of seabird–fishery interactions in the Western and Central Pacific Ocean (WCPO) was examined by analysing the overlap of seabird distributions with tuna and swordfish pelagic longline fisheries managed by the Western and Central Pacific Fisheries Commission (WCPFC) and its constituent members. The study used spatially-explicit Productivity–Susceptibility Analysis (PSA). Key data inputs were species productivity, fishing effort, likelihood of capture and species density by region. The outputs tailored results to the needs of fisheries- and wildlife-managers, indicating areas of greatest risk of species interactions, species of greatest concern for population impacts, and the flags or fisheries most likely to contribute to the risk. Large albatross species were found to be most likely to suffer population effects when exposed to longline fishing activity, followed by the larger petrels from the genuses Procellaria, Macronectes and Pterodroma. A mixture of coastal states with nesting seabird populations in their Exclusive Economic Zones (New Zealand, Australia and United States of America), distant water fishing nations (Japan, Taiwan) and flags of convenience (Vanuatu) contributed 90% of the risk to seabird populations. Recommendations include enhancing the level of fisheries observer monitoring in areas indicated as high to medium risk for seabird interactions, and consideration of spatial management tools, such as more intensive or more stringent seabird bycatch mitigation requirements in high- to medium-risk areas. The methods used, and similar studies conducted in the Atlantic Ocean could lead to improved targeting of monitoring resources, and greater specificity in the needs for seabird-mitigation measures. This will assist in reducing seabird mortality in longline fishing operations and with more effective use of resources for fishery managers in both domestic fisheries and RFMOs.  相似文献   

12.
Most fisheries management studies have concentrated on understanding resource dynamics and have paid less attention to understanding the dynamics of those who use the resources. This situation limits the knowledge about the fisheries system as a whole and specifically about the viability of management schemes. It is vital to understand how the actors within the fishing sector (fishing firm owners/managers, fishers, fisheries managers, and traders) may respond to changes in fishing resources trends, market dynamics, and fisheries policies before they are implemented. These issues are explored in this paper by applying a longitudinal analysis of the Yucatan Mexico's fishing industry. The analysis is presented within the framework of the theory of change and coping strategies. The study primarily involved interviews during 2008 with the main owners of companies in the fishing industry and with fisheries managers and other stakeholders. Time-series catch data on the main fishing resources are also reviewed to evaluate changes across three historical periods and describe how the actors have perceived and responded to those changes. Given conditions of uncertainty in resource availability, changes in market demand and changes in institutional arrangements, the viability of traditional business and resource management practices are discussed. The analysis presents different kind of triggers that have modified the conditions of the fishing sector and had had impacts on the socio-economic–ecological system in which fisheries are embedded. The need for adaptive strategies in the whole chain of the fisheries business and resource management is stressed, given the current changes and conditions of fisheries. The discussion states a series of actions that could improve the relationships between business practices and fisheries management.  相似文献   

13.
Atlantic Canadian fisheries policy exhibits a tension between competing objectives of economic efficiency, and of well-being and equity within coastal communities and small-scale fisheries. The struggle between different actors over these objectives has generated distinct forms of neoliberalism in different regions and fishing fleets. In the lobster fishery, the right to fish has been concentrated since limited-entry licensing policy was introduced in the 1980s. This paper examines actors and events at two scales, including Lobster Fishing Area (LFA) 34 Advisory Committee meetings involving fishermen, representatives of Fisheries and Oceans Canada (DFO), and other stakeholders, and broader scale strategies of the Canadian Independent Fish Harvesters Federation (CIFHF). A Foucauldian perspective aids in understanding how fisheries governance is the product of struggles between the power and agency of individual fishermen, fishing organizations, processing companies, the DFO, the Minister of Fisheries and the courts. While many theorists view fisheries through the lens of the “tragedy of the commons”, alternative tragedies are developing in Atlantic Canadian fisheries. These include rising levels of debt, reduced earnings, vulnerability to financial volatility, loss of fishing rights within communities, and too much processor control.  相似文献   

14.
As catch and effort statistics including fishing time and location are essential for producing abundance indices for utilized fish stocks, fishing states are encouraged under the FAO Code of Conduct for Responsible Fisheries to collect and maintain such statistics. However, for coastal fisheries (including artisanal fisheries) that are mainly composed of small-sized vessels which are usually too numerous to monitor, fisheries statistics collection systems are often either lacking or of insufficient quality (e.g. incomplete or inaccurate). Vessel monitoring system (VMS) data are commonly used to construct or improve estimation of fishing effort and fishing location in large-scale fisheries. Most coastal fisheries lack VMS but their countries do have coastal surveillance radar systems (CSRS) for security and enforcement purposes. This study illustrates and recommends opportunistic use of CSRS data to provide similar scientific benefits to VMS data for coastal fisheries. CSRS in combination with market landings data can construct logbook-like catch and effort statistics. This study introduces a method and demonstrates its usefulness for scientific research and management purposes, including the potential to obtain a higher accuracy and precision, particularly for fishing location and catch amount. Limitations of the CSRS data and challenges to managers involved in its application are also discussed.  相似文献   

15.
Lee Kimball 《Marine Policy》1981,5(3):287-290
After consultations with the other interested departments and agencies of the United States Government, the Secretary of State has instructed our representative to the UN Law of the Sea Conference to seek to ensure that the negotiations do not end at the present session of the conference, pending a policy review by the United States Government. The interested departments and agencies have begun studies of the serious problems raised by the draft convention, and these will be the subject of a thorough review which will determine our position toward the negotiations.' (Press Release posted at the US Department of State, 2 March 1981).  相似文献   

16.
Globally, illegal, unregulated and unreported (IUU) fishing challenges economic development, as well as food and human security, and has done so for many years. Despite the implementation of legal responses to IUU fishing by the international community and many States, the problem continues. While political will, the vastness of oceans and limited human and financial resources hamper the effectiveness of these responses, fragmentation has also prevented effective control. IUU fishing is addressed by legal controls across fishing, shipping, labour and criminal law and existing research on IUU fishing has tended to focus on individual aspects of these, yet evidence indicates their interconnectedness. This research addresses a gap, critically analysing the range of international legal frameworks together. Within this context, this paper explores and analyses the how fragmentation of legal instruments, lack of interaction between actors and regimes, and piecemeal implementation of the law limits the control of IUU fishing drawing on the concept of regulatory pluralism to appropriately address the challenges.  相似文献   

17.
Many African, Caribbean and Pacific (ACP) countries sell fishing licenses to distant water fleets. Fishing agreements have the potential to improve the performance of local fishing sectors. They create income that can be reinvested into domestic industries and often go along with partnerships in management and enforcement. However, many fishing agreements run a serious risk of undermining sustainable resource management. The present study critically reviews trends in distant water fishing as well as identifies those tropical host countries most dependent on fishing agreements. It is shown that traditional, more responsible distant water fleets (DWFs) are being displaced by less responsible, low-cost DWFs and that the most vulnerable host countries are small coastal states with large exclusive economic zones that lack the ability to benefit from value adding processes associated with fishing. The results suggest that the once-promising concept of fishing agreements is gradually posing a threat to both economic development and environmental sustainability of ACP countries.  相似文献   

18.
Many coastal communities have strong links to fishing that span generations where fishing is a way of life that goes beyond the means to earning a living. Fishing's influence is not confined to those activities that take place at sea, but spills over onto land to create a particular identity and sense of place in coastal towns inherently linked to fishing. Using Hastings in south-east England, with Britain's largest beach-launched fleet, as a case study, this paper considers how marine fishing contributes to place-making. Through an examination of the physical environment and semi-structured interviews, the study found that fishers have deep attachments to the fishing beach, called the Stade, which also defines their identity as individuals and as a fishing community. Non-fishers also value the contribution that fishing makes to the character of the town and its importance for related industries such as tourism. A deeper understanding of the attachments that fishers and non-fishers form with fishing places is needed to inform both local planning and regeneration strategies and, more broadly, fisheries and marine policy.  相似文献   

19.
Balanced harvesting is the name of a newly proposed approach to fishing which promises the extraction of high and sustainable fisheries yields while maintaining the structure of the ecosystem from which those yields could be obtained. This is to be achieved through exposing all components of ecosystems (from zooplankton to top predators, including seals, sea birds and marine mammals) to a fishing mortality proportional to their size-specific productivity. This study briefly analyses the incompatibility between balanced harvesting (and its implications) and the stated missions of two major organizations, FAO (which stresses the need of selective fishing in its Code of Conduct for Sustainable Fisheries) and IUCN (which maintains the Red List of Threatened Species), but which have issued reports or organized conferences promoting balanced harvesting. The study also demonstrates the incompatibility of balanced harvesting with the recently reformed Common Fisheries Policy of the European Union. While balanced harvesting appears partly compatible with declared fisheries policies of a few countries, e.g. with regard to whaling, sealing, and indiscriminate biomass fishing, it is not only incompatible with the basic tenets of fisheries science, but also with the vision, gradually emerging globally, that marine organisms such as marine mammals, sea turtles, sea-birds and other fauna have an intrinsic value and right to life that should not be undermined by more of the indiscriminate fishing which currently shapes much of our interactions with the oceans.  相似文献   

20.
The Magnuson-Stevens Fishery Conservation and Management Act (MSA) is the primary law that codifies marine fisheries management in United States federal waters. The MSA was amended in 2006 with Section 610, an international provision that directs the Secretary of Commerce to unilaterally identify foreign nations engaged in the incidental capture (bycatch) of protected living marine resources (PLMRs) under specific conditions. In 2013 the United States identified Mexico for bycatch of a PLMR – the North Pacific loggerhead turtle – representing the first time a nation has been identified for bycatch under section 610. This paper evaluates the initial effects of the identification on loggerhead bycatch management efforts in Mexico and provides policy recommendations for improving the law and its implementation. In the wake of the unilateral identification, Mexico downplayed and denied the bycatch problem that their agencies had previously accepted and cancelled a bycatch research partnership between their federal fisheries science agency and U.S. researchers. Moreover, fishers invested in bycatch reduction and monitoring programs ceased to participate, jeopardizing their understanding of the problem and their co-development of bycatch solutions. However, the identification and subsequent consultation process ultimately resulted in Mexico implementing federal loggerhead bycatch regulations that are temporarily comparable with relevant U.S. measures. These regulations establish a temporary fisheries reserve (authorized for two years) that includes monitoring of bycatch, a loggerhead bycatch mortality cap, temporal and spatial restrictions on fishing gear and practices, and a closure of all finfish fisheries during the summer of 2016. As a result, turtle bycatch was likely substantially reduced in 2016, but at the cost of artisanal fishers' entire seasonal income. Policy recommendations are made, highlighting the need to: 1) better assess the socioeconomic, political, and environmental consequences associated with using the threat of trade sanctions to compel nations to reduce their bycatch; and 2) facilitate a more consistent consideration of bycatch data across nations such that the current policy does not create a disincentive for other nations to assess or report PLMR bycatch.  相似文献   

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