scholarly journals Snow Crab in the Barents Sea: Managing a Non-native Species in Disputed Waters

2020 ◽  
Vol 11 (0) ◽  
pp. 108
Author(s):  
Tore Henriksen
Keyword(s):  
Native Species ◽  
Barents Sea ◽  
Law Of The Sea ◽  
Snow Crab ◽  
Coastal State ◽  
Fishing Vessels ◽  
The Barents Sea ◽  
The Law ◽  
The Right ◽  
A New Species

The introduction of a new species to the Barents Sea raises questions as to the rights and duties of states under the law of the sea to exploit, manage and conserve the species. This paper discusses three of them. The first question is whether the snow crab qualifies as a sedentary species. The entitlements and competence of states in respect of living marine resources depend on the location and the characteristics of the species. If it qualifies as a sedentary species under the law of the sea, it is subject to the sovereign rights of the coastal States. Otherwise, it is subject to the sovereign right of the coastal States as well as the freedom of fishing, dependent on its distribution. The second question is what, if any, obligations Norway as a coastal State has in respect of conservation and management of the snow crab and how Norway is complying with these obligations. This includes a discussion of whether the snow crab qualifies as an introduced, alien species and the possible implications for the obligations of the coastal State. The area of distribution of the snow crab includes waters within 200 nautical miles off Svalbard, raising a third question as to the implications of the 1920 Treaty concerning Spitsbergen (Svalbard Treaty) and in particular whether fishing vessels of Contracting parties have the right to participate in the harvest on an equal footing with Norwegian vessels. The Norwegian Snow Crab Regulations effectively reserves the harvest of snow crab for Norwegian fishing vessels. The paper discusses the implications of a recent decision by the Norwegian Supreme Court on dismissal of an appeal by a Latvian vessel and its captain convicted for illegal harvest of snow crab within 200 nautical miles off Svalbard.

scholarly journals TINJAUAN YURIDIS PENENGGELAMAN KAPAL ASING MENURUT UNDANG-UNDANG NOMOR 45 TAHUN 2009 TENTANG PERIKANAN

2021 ◽  
Vol 1 (1) ◽  
pp. 1-10
Author(s):  
Elisabeth Septin Puspoayu ◽  
Bunga Nurani ◽  
Esti Wulan Trityas ◽  
Maulida Indah Sari ◽  
Mayang Chandra Gita Siti ◽  
...  
Keyword(s):  
Law Of The Sea ◽  
Marine Resources ◽  
Positive Effects ◽  
Illegal Fishing ◽  
Fishing Vessels ◽  
Foreign Countries ◽  
United Nations Convention ◽  
The Law ◽  
The Right ◽  
The Impact

Amendment to the United Nations Convention on the Law of the Sea of 1982 with Law No. 17 the Year 1985 makes Indonesia have the right to utilize, conservation, and manage fish resources in Indonesia's exclusive economic zone and the high seas. Such rights are exercised under applicable international terms or standards. Therefore, legislation was made related to the sinking of illegal fishing vessels in Indonesian territorial waters through Law No. 45 of 2009 on Fisheries. Indonesia's high wealth of marine resources does not run following all layers' expectations after illegal fishing. However, the juridical consequences of applying the law have several impacts, namely the impact of sinking foreign vessels on relations with foreign countries and negative-positive effects in the marine environment due to the sinking of foreign vessels illegal fishing actors.

scholarly journals Australia's Response to Illegal Foreign Fishing: A Case of winning the Battle but losing the Law?

2008 ◽  
Vol 23 (1) ◽  
pp. 95-124
Author(s):  
Rachel Baird
Keyword(s):  
Case Law ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Illegal Fishing ◽  
The Past ◽  
Fishing Vessels ◽  
United Nations Convention ◽  
The Law ◽  
The One ◽  
The Right

AbstractThe right of prompt release has been interpreted by the International Tribunal for the Law of the Sea as a safeguard, balancing the right of the coastal State to detain and deal with arrested fishing vessels and crew on the one hand, with the interests of the flag State to secure the release of detained vessels on the other. As the incidence of illegal fishing within national fishing zones has increased in the past decade, many coastal States, such as Australia, have implemented increasingly harsh penalties aimed at deterring the fishers. One such measure involves the operation of an automatic forfeiture regime whereby the detained vessel, gear and catch are forfeited to the Commonwealth. This regime operates in the absence of any judgement on the merits. This paper examines the details of the Australian legislation in addition to recent case law and concludes that the operation of the automatic forfeiture regime has the potential to upset the balance established in Article 73 of the 1982 United Nations Convention on the Law of the Sea.

The Barents Sea 2010 Norway-Russia Border: The Triumph of the Negotiation Principle at the Expense of the Median- and Sector Line Pretentions

2012 ◽  
Vol 4 (1) ◽  
pp. 505-517
Author(s):  
Peter Ørebech
Keyword(s):  
Reference Point ◽  
Barents Sea ◽  
Law Of The Sea ◽  
Median Line ◽  
The Barents Sea ◽  
The Law ◽  
Court Practice

Abstract The delimitation line that after 40 years of negotiation (2010) marks the offshore border between Norway and Russia is resulting from longstanding talks according to the negotiation principle as manifest in UNCLOS (1982) Article 74 and 83. Beyond the territorial sea the function of the median (equidistance)- and the sector line is nothing but diplomatic pretensions at the negotiation table. This article illustrates the demise of the sector line as a delimitation principle of the law of the sea in the Barents Sea. The reference point of the outcome of the negotiation is not geodetic nor geographic physical points, but simply the “half way solution” between two politically based claims, the sector line (Russia) and the median line (Norway). This solution is not contradictory to court practice.

Jurisdiction over Unlicensed Foreign Fishing Vessels in Transit through the EEZ

2021 ◽  
pp. 176-217
Author(s):  
Camille Goodman
Keyword(s):  
State Regulation ◽  
Law Of The Sea ◽  
Coastal State ◽  
Fishing Vessels ◽  
Force Majeure ◽  
Balance Of Interests ◽  
United Nations Convention ◽  
The Law ◽  
In Transit ◽  
Freedom Of Navigation

This Chapter examines the permissible scope and extent of coastal State jurisdiction over unlicensed foreign fishing vessels in transit through the exclusive economic zone (EEZ) under the 1982 United Nations Convention on the Law of the Sea. While the primacy of the freedom of navigation has traditionally been the dominant narrative in the law of the sea, this Chapter argues that the coastal State’s sovereign rights over living resources are now accepted to provide a basis for regulations to be applied to all foreign fishing vessels navigating in the EEZ, even if they are only transiting through the zone without fishing. By examining the variety of regulations that are applied by States in practice, the Chapter establishes that, in relation to foreign fishing vessels and fishing support vessels, the contemporary freedom of navigation effectively equates to a right to undertake continuous and expeditious passage from one point beyond the EEZ to another point beyond the EEZ, except in circumstances involving force majeure or distress, or activities undertaken with the authorization of the coastal State. At the same time, the Chapter notes that the rights of coastal States involve correlative duties, and explores how the concepts of due regard, reasonableness, and the balance of interests apply to limit the extent of coastal State regulation in this area.

38 Military Operations

2015 ◽  
Author(s):  
Kraska James
Keyword(s):  
State Sovereignty ◽  
Law Of The Sea ◽  
Military Operations ◽  
Legal Regime ◽  
Naval Warfare ◽  
Coastal State ◽  
The Law ◽  
The Right ◽  
Peace And War

This chapter assesses the legal regime for military operations at sea under the UN Nations Convention on the Law of the Sea (LOSC). It considers the rules that apply at the seam between peace and war, and how the provisions of the law of naval warfare interact with the law of the sea. It shows that the adoption of the LOSC did not entirely quell disagreements over the right to conduct military operations in areas under coastal State sovereignty or jurisdiction.

scholarly journals Alternative bait trials in the Barents Sea snow crab fishery

PeerJ ◽  
2019 ◽  
Vol 7 ◽  
pp. e6874 ◽  
Author(s):  
Tomas Araya-Schmidt ◽  
Leonore Olsen ◽  
Lasse Rindahl ◽  
Roger B. Larsen ◽  
Paul D. Winger
Keyword(s):  
Barents Sea ◽  
Carapace Width ◽  
Cumulative Distribution ◽  
Snow Crab ◽  
Catch Per Unit Effort ◽  
Balaenoptera Acutorostrata ◽  
Fishing Vessels ◽  
The Barents Sea ◽  
Pagophilus Groenlandicus ◽  
Snow Crabs

Commercial harvesting of snow crab (Chionoecetes opilio) in the Barents Sea started in 2012 by Norwegian fishing vessels. This new fishery has significant bait requirements, representing an emerging conservation challenge. In this study, we evaluate the performance of five alternative (natural) baits manufactured from the waste stream of existing and sustainably managed harp seal (Pagophilus groenlandicus) and minke whale (Balaenoptera acutorostrata) capture. Five different types of new bait were evaluated, including seal fat (SF), seal fat with skin (SFS), seal meat with bone (SMB), whale fat with skin (WFS), and whale meat with fat (WMF). A comparative fishing experiment was conducted onboard a commercial snow crab fishing vessel in the Barents Sea (May–June, 2016) to evaluate the performance of traditional bait (squid, Illexs spp.) and alternative baits at catching snow crabs. Performance of the different baits were compared on the basis of the number of commercial crab caught per trap haul catch per unit effort (CPUE) and carapace width (CW). Our results showed that SF and SFS performed equally well to traditional bait, with no statistical difference in CPUE (p-value = 0.325 and 0.069, respectively). All of the other experimental baits significantly decreased CPUE, when compared to squid. No significant effect of bait treatment on CW was detected and the cumulative distribution of CW was the same between control traps and each of the bait treatments. Overall the results indicated that SF and SFS represent a viable alternative to replace traditional bait, addressing a key conservation challenge in this bait intensive snow crab fishery.

scholarly journals The Navigational Rights of Nuclear Ships

2002 ◽  
Vol 15 (1) ◽  
pp. 251-265
Author(s):  
Marco Roscini
Keyword(s):  
Law Of The Sea ◽  
Radioactive Materials ◽  
The Law ◽  
The Right

Even though Article 23 of the 1982 Convention on the Law of the Sea explicitly acknowledges the right of innocent passage through the territorial sea to nuclear vessels, many coastal states have recently forbidden or submitted to authorization the passage of ships carrying radioactive materials: this reveals a trend towards a more restrictive concept of “innocent passage.” As to straits used for international navigation and archipelagic sea lanes, the ius communicationis is still prominent and every measure that might prejudice the navigational rights of nuclear ships would not be consistent with the Montego Bay Convention.

scholarly journals The role of fishery supervisors and community participation to ensure the sustainable fisheries in Indonesia’s Exclusive Economic Zone

2021 ◽  
Vol 890 (1) ◽  
pp. 012068
Author(s):  
Maskun ◽  
H Assidiq ◽  
S N Bachril ◽  
N Al-Mukarramah
Keyword(s):  
Community Participation ◽  
Fishery Management ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Fish Resources ◽  
Effective Manner ◽  
Economic Zone ◽  
The Law ◽  
The Right

Abstract Indonesia has ratified the United Convention Law of the Sea of 1982 with the Law No. 17 of 1985 concerning the Ratification of United Nations Convention on The Law of the Sea 1982. It means that Indonesia has the right to use, conserve, and manage fish resources in the Indonesia’s Exclusive Economic Zone (IEEZ). To guarantee the optimal and sustainable management of Indonesian fish resources, the role of fishery supervisors and community participation in an efficient and effective manner is needed. Law enforcement in the field of fisheries is very important and strategic to support fishery development in accordance with the principle of fishery management, so that the sustainable development of fisheries can be done continuously. Therefore, the existence of legal certainty is absolutely necessary to support fishery management in Indonesia.

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