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1.
《Marine Policy》2016
The opportunities for operators to increase their revenue when illegal, unreported and unregulated (IUU) fishing catches are converted to currency through the market encourage the persistence and growth of this activity. It is often the same market that is targeted for the legal trade of fish. Thus, paradoxically, the market demand creates and incites it, at least from an economic point of view. To deter IUU fishing activities, some fish and fishery products importing countries have started to enact or implement additional regulatory measures, the goal of which is to tackle the problem from a new trade-related perspective. This contribution provides an analysis of various aspects of the market state competence. Within the framework of the European Union (rights and markets) the study analyses the emergence of regional trade-related measures and explore how they are linked to the international trade law regime especially the World Trade Organization rules. Finally, the paper draws implications for the market state measures and considers their limits and potential in combatting IUU fishing. 相似文献
2.
The use of trade measures to combat illegal, unreported and unregulated (IUU) fishing in the Northeast Atlantic has evolved from unilateral denial of the landing of fish taken outside international quota arrangements to a multilateral Scheme of Control and Enforcement under the North-East Atlantic Fisheries Commission (NEAFC). International trade rules have not constrained this development, mostly due to successful management of the interplay between international resource management and trade regimes. States protect resource management objectives from such constraint by inserting clauses that establish a normative hierarchy, or they employ various means for adapting IUU measures to the ‘environmental window’ of the global trade regime. The fact that regional states have introduced trade restrictions only when non-restrictive or less restrictive measures have failed enhances such compatibility, as do the gradual shift from unilateral to multilateral measures and the rise in transparency, openness and target-state involvement. None of those features reduces the effectiveness of regional trade measures; they minimize tension with trade commitments and largely strengthen their clout in the struggle to combat IUU fishing in the Northeast Atlantic. 相似文献
3.
Assessment of IUU fishing for Southern Bluefin Tuna 总被引：1，自引：0，他引：1
Illegal, unreported and unregulated (IUU) fishing is recognized as one of the largest threats to the sustainability of the world's fisheries. This paper focuses on IUU fishing in the context of unreported catches by members or co-operating non-members of regional fisheries management organizations (RFMOs) and their implications for scientific assessments of stock status and management advice. A review of Japanese market statistics was undertaken in 2006 by an independent panel in relation to catches of southern bluefin tuna (SBT). Based on this review, the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) concluded that very substantial and continuous unreported catches of SBT had been taken by longline vessels since at least the early 1990s. While uncertainty exists about the fleets contributing to these IUU catches, the assumption used within the CCSBT Scientific Committee is that a significant proportion of these were taken by Japanese longliners. Implications of these unreported catches for the stock assessments by RFMOs are discussed in light of the central role that Japanese vessel reported data have in the assessment of the world's tuna and billfish stocks. Results indicate that it is plausible that the unreported catches of SBT stem from the misreporting of catches as other tuna species and/or the location of fishing effort. The magnitude and extended period of the unreported SBT catches highlight the wide-spread risks of relying on fishery dependent logbook data in the absence of verification. An urgent need exists for minimum standards of verification of catch, effort and landing statistics for use in scientific assessments. The fisheries science community needs to be more pro-active in the development of such standards and the implementation of independent monitoring and verification. In addition, there is a need to reform the operation of the scientific bodies of RFMOs in terms of transparency, the treatment of uncertainty and the burden of proof if they are to be effective in providing objective scientific advice consistent with the intent of international agreements. 相似文献
4.
An economic analysis of illegal, unreported and unregulated (IUU) fishing: Key drivers and possible solutions 总被引：4，自引：0，他引：4
The fight against illegal, unreported and unregulated (IUU) fishing activities has recently become a high priority in the international fisheries management agenda. While a number of academic contributions have sought to improve the understanding of the problem, most remain limited in scope. To help policy makers obtain a more comprehensive picture of the situation, the OECD Committee for Fisheries recently completed a study addressing the full economic dimensions of IUU fishing in an integrated manner. This paper presents the analytical framework developed by the OECD as well as some of the key results of the study regarding the causes of and the potential solutions to this widespread problem. 相似文献
5.
6.
The paper presents the results of a major assessment of Code adoption and implementation in nine fishing countries in Asia (China, Thailand, Vietnam), Africa (Senegal, Guinea Bissau and Guinea) and in the Caribbean (Jamaica, Dominican Republic and Trinidad & Tobago), which are part of the international research project ECOST. The main findings are that the Code as an international policy instrument remains relevant and adaptable to the current international fisheries context, and that its guiding principles and provisions have been endorsed and adopted in almost unanimous fashion by the countries covered, and integrated into fisheries policy letters and legal frameworks. However, results also suggest that tackling the truly difficult issues in fisheries, such as combating illegal, unreported and unregulated (IUU) fishing or adjusting fishing overcapacity has been a lot less successful. The design and implementation of necessary measures often remains very weak in domains with important economic and political dimensions. The causes for this are attributed to a mix of administrative inertia, lack of political will and stamina, and short-sighted economic considerations. 相似文献
7.
We estimate the unregulated catch and fisher income of the Kabui Bay migrant anchovy fishery operating in the Raja Ampat regency, Papua, Indonesia. Interviews with migrant fishers were conducted in April and November 2006, and estimates were generated through Monte Carlo simulations. Anchovy fisher income averaged US $1835 per year, about twice the average fisher income in the area. The income levels estimated by this study suggests that there is potential for the Raja Ampat Fisheries Bureau to capture some economic rent from the fishery to help fund a fisheries management program, from which Raja Ampat could benefit. 相似文献
8.
Dong-Oh Cho 《Marine Policy》2012,36(2):321-326
Illegal bottom trawl fishing using nets with a small mesh size has been one of the most difficult problems to address in fisheries management in Korea. This practice has occurred for the last century, since the Japanese colonial period. The elimination of illegal bottom trawl fishing, regulated in the Fisheries Law (Law No. 10292), was extremely difficult because the number of vessel owners increased to greater than 3000, creating a strong oppositional lobby. Therefore, the Korean government carried out an ‘incentive program’ to buy-back vessels, which has been very effective in eliminating illegal bottom trawl fishing in the coastal waters of Korea. 相似文献
9.
《Marine Policy》2014
Illegal, unreported and unregulated (IUU) fishing activities are widely considered a main cause of unsustainable fisheries across the globe. The EU has taken a leading role in the fight against IUU fishing, using both its market and normative power to advance its EU IUU Regulation (no. 1005/2008) and wider fisheries sustainability agenda outside its territory. This paper examines how successful the EU has been in using its market and normative power to influence regulatory strategies and frameworks governing tuna fisheries in the Pacific Islands region of the Western Pacific Ocean. The results indicate that while the market power of the EU remains an influential factor, the diminishing normative power of the EU in WCPO is weakening any attempts to implement its IUU fishing regulation and Pacific Island nations have promoted their own regulatory agenda. We conclude that the changing asymmetries between market and normative power has led to a differentiated geography of regulatory uptake, and while market power will remain a dominant strategy for the EU, normative power, when exercised should focus on cooperation rather than ‘teaching’ the benefits of an EU regulatory approach. 相似文献
10.
《Marine Policy》2017
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
11.
12.
《Marine Policy》2016
Measures to combat illegal, unreported and unregulated (IUU) fishing increasingly seek to constrain access to markets. These measures include enhanced seafood traceability and catch documentation schemes, the blocking of port access and landings, the identification and assessment of vessels engaged in IUU fishing and the prohibition on imports, transhipments or trade of fish products. It is important that such measures are in accordance with international law, including the agreements of the World Trade Organisation (WTO). This article evaluates a range of market-related measures for compatibility with international trade law, including the General Agreement on Tariffs and Trade (GATT) and the Agreement on Technical Barriers to Trade. The law requires measures to be non-discriminatory and, for certain technical regulations, not more trade-restrictive than necessary to achieve a legitimate objective. However, there are exceptions to these rules, including for measures relating to the conservation of exhaustible natural resources or for measures necessary for the protection of animal life or health, public morals, or to secure compliance with certain laws or regulations. While the design of current unilateral measures to combat IUU fishing appears to accord with trade law requirements, this article argues that there is scope for a wider and more collective approach. In this vein, new provisions in the recently concluded Trans-Pacific Partnership (TPP) are identified. The article concludes with recommendations for governments, international organisations, private actors and the global community wishing to take action in this area. 相似文献
13.
福建近海五种主要捕捞作业适宜捕捞力量的研究 总被引：1，自引：0，他引：1
本文根据福建省定置、拖、围、刺、钓五种捕捞作业在本省近海的捕捞力量和渔获量,并以１９９４年单位功率的渔捞效率为基准进行逐年捕捞力量的标准化,应用Ｓｃｈａｅｆｅｒ和Ｆｏｘ两同电脑分别估算它们的ｆＭＳＹ和ＭＳＹ。结果两处在算的ｆＭＳＹ和ＭＳＹ的平均值是：定置网为８．９０尤明等３７．４１万ｔ;推网为５５．８８万ＫＷ,３５．５１万ｔ;为桃围网为７．１２万ＫＷ,１０．０６万ｔ;刺网为１５．１９万ＫＷ,９．５ 相似文献
14.
台湾海峡海洋捕捞业管理策略和投资方向 总被引：1，自引：0，他引：1
本文收集了１９８５￣１９９４年福建省在台湾海峡生产的具有代表性的５０对拖网渔船、１２０艘单拖渔船、４８组灯光围网渔船、３８对大围缯渔船、３１艘定置网渔船的技术参数及生产资料，计算并分析了其适正捕捞力量、经济指标，得出了一些有益的结论：（１）根据台湾海峡渔业资源，把握正确的投资方向，已成为进一步发展海洋捕捞业的关键。（２）由于台湾海峡的渔业资源正遭受越来越大的压力，为了保护渔业资源，应当限制捕捞力量 相似文献
15.
《Marine Policy》2014
Mitigating the environmental impact of commercial fishing, by avoiding, minimizing and compensating for adverse effects, is core business for fisheries management authorities globally. The complex interplay of ecological, economic, and social considerations has often resulted in bycatch management being reactive, confrontational and costly. In many cases it has been difficult to demonstrate success and to establish whether bycatch management has been efficient or effective. This article proposes standards for bycatch management following reviews of literature, international agreements and Australian domestic fishery management policies, and consideration by many technical experts and several stakeholder representatives. The standards have been developed using Australian Commonwealth fisheries – and the international fisheries agreements to which Australia is party – as a baseline, but should be applicable to both domestic and regional/international governance systems. The proposed standards involve quantifying fisheries bycatch, agreeing on operational objectives, assessing the effects of fishing on bycatch populations, establishing the cost-effectiveness of mitigation measures, and evaluating performance. The standards encourage domestic management measures that are consistent with the guidance and requirements of international agreements and regional fisheries management organisations. The importance of engaging stakeholders throughout the process is recognised. The standards provide a framework for measuring performance and a checklist of actions for managing bycatch at a fishery level. They have the potential to facilitate the development of more strategic and effective approaches to bycatch management, with defined goals, monitoring systems, and adaptive decision-making. This review of past bycatch management, including the application of the proposed standards to the mitigation of shark bycatch in an Australian longline fishery, demonstrates that the proposed standards are operationally feasible but that they have not always been applied. Specifically, monitoring the performance of bycatch management measures has not always followed their implementation. 相似文献
16.
为促进我国渔业资源和水产品贸易的可持续发展,文章结合国际和国内的相关实践情况,分析我国水产品合法性标签制度的立法现状和存在的不足,尝试解答其中的关键问题即水产品合法性标签制度的法律属性,并就相关立法的完善提出建议。研究结果表明:水产品合法性标签制度是国际社会破解非法、不报告和不管制捕捞难题的重要制度,我国已开展相关实践并推动立法进程;目前我国水产品合法性标签制度的立法现状主要包括发布相关规范性文件和修订渔业法律,但该项制度在法律依据等方面仍存在不足;水产品合法性标签在法律上应被认定为强制标志,该项制度应属于强制性行政确认,且可适用于水产品国内贸易;在我国渔业法律的修订过程中,应通过健全实施程序和明确法律后果,进一步完善水产品合法性标签制度。 相似文献
17.
《Marine Policy》2017
When customary legal systems exist alongside state regulations, individuals can choose between these different frameworks to support their claims to resources. Research suggests that such framework switching to maximize self-interest weakens and challenges resource management. Multiple legal systems are at work in India's fisheries and this study examines how they work to govern conflict over purse-seine fishing in the Sindhudurg district of Maharashtra State. Through participant observations, interviews and state fishing law reviews, this study finds evidence of strong customary legal systems, operating through local cultural practices, to protect common property rights, equitable access, ethical and ecological concerns. In contrast, state legislation appears weak because it addresses issues of local concern, such as equitable access, at a slow pace and over such a large scale as to be absent. Consequently, multiple legal systems in these fisheries do not create a management challenge that follows a predictable path towards resource degradation. Instead informal, customary rules applied alongside formal state legislation interact in complex ways that create opportunities for effective co-management. 相似文献
18.
目前鲨鱼养护管理问题已引起国际社会的广泛关注,《鲨鱼养护管理国际行动计划》和《濒危野生动植物种国际贸易公约》等国际文件从生态系统保护和贸易管控角度对鲨鱼问题做出规定。为了顺应国际社会加强鲨鱼养护管理的趋势,RFMOs出台了一系列决议和措施。对此,作为远洋渔业大国的我国应针对目前履行RFMOs管理规定中存在的问题,尽早做好各项准备,以彰显我国渔业大国的负责任态度,更好地维护我国远洋渔业合法权益。第一,对外加大宣传,树立我国远洋渔业的正面形象;第二,加强远洋渔业从业人员培训,强化远洋渔船监管;第三,加强国际渔业法律科学人才队伍建设,提升在国际渔业管理中的话语权和主导权;第四,转变我国渔业法规指导理念,确立以养护为主的渔业管理基本方针。 相似文献
19.
In the Northeast US fishery managers have attempted to control marine recreational fishing mortality through annual adjustments to the number and/or size of fish that can be kept. These measures, with a few exceptions, have generally failed to prevent recreational fishing mortality rates from exceeding annual target levels. In this study, we show that one of the reasons why keep limits may have failed is that a substantial number of anglers obtain little value from being able to keep self-caught fish. Our findings are based on a telephone survey administered to marine anglers in all of the coastal counties in the Northeast US in 2004/2005. To evaluate the importance of keeping self-caught fish, we provide estimates of the size of the marine angling population in the Northeast US that keeps fish for food or income and also for those that fish primarily for recreation and place little or no value on keeping fish. Demographic characteristics of the two groups of anglers are compared statistically and differences related to consumption of self-caught marine resources and to health warning advisories are discussed. We also estimate the size of the Northeast US angling population that relies on their self-caught marine resources as a cost-saving food source or as a supplement to household income. This information could improve the effectiveness of fisheries regulations and the ability of policy analysts to predict how anglers might be affected by proposed fishery management actions. 相似文献
20.
To describe marine recreational fisheries, their socio-economic importance and interactions with other fisheries and the environment, it is necessary to define what is meant by recreational fishing. A review of European Member States’ national legislation revealed considerable variation in ownership and access to coastal waters/fisheries, and in the legal distinction between sport fishing and other recreational uses of marine fisheries and their commercial (catching for sale and profit) counterparts. Together with a re-examination of existing definitions, this has enabled us to suggest definitions that may be used to develop a common approach to evaluate participation and socio-economic value of marine recreational fishing, and guide attempts to legislate for the benefit and development of marine recreational fishing across Europe. 相似文献