scholarly journals One Fish, Two Fish, Few Fish, No Fish:  Regional Fisheries Management Organisations, IUU Fishing and  High Seas Fisheries Management

2021 ◽  
Author(s):  
◽  
Aaron Irving
Keyword(s):  
Fisheries Management ◽  
International Community ◽  
Fisheries Resources ◽  
Iuu Fishing ◽  
State Compliance ◽  
State Of Affairs ◽  
The Right ◽  
The Unclos ◽  
Flag State ◽  
High Seas

<p>The World's fisheries are in a desperate state, they have been utilised to a point where a majority of the fisheries resources are fully exploited. In addition to overfishing, the responsibility of the sad state of affairs of the world's High Seas' fish stocks can be put down to inefficient management. The high seas fisheries regime is dominated by two powerful, tried, tested and consented to norms: the principle of freedom of fishing on the high seas and the principle of exclusive flag state jurisdiction over flagged vessels on the high seas. These Grotius norms (unintentionally) obstruct effective and meaningful high seas fisheries management, and have enabled unscrupulous states and actors to take advantage of the lacunae created by the UNCLOS High Seas fisheries framework and engage in IUU fishing which has resulted in a tragedy of the high seas commons. Furthermore these norms have a 'hobbling' effect on RFMOS and coastal states alike, and leave them almost powerless to ensure flag-state compliance with their sustainable fishing measures without the consent of the flag state, and totally unable to enforce its measures directly on that flagged vessel. Thus in the absence of an express reference to the superiority of coastal state rights over those of high seas fishing states, freedom of high seas fishing prevails. However the international community armed with weaker UNCLOS obligations of conservation and co-operation and have fought the good fight, and in lightening speed have constructed a normative framework that is additional to but consistent and complimentary with the UNCLOS regime. With the use of port state measures, voluntary instruments that codify responsible fisheries practice, surveillance and the denial of the right to land IUU fish – the fight is gradually beginning to turn in favour of the international community.</p>

scholarly journals One Fish, Two Fish, Few Fish, No Fish:  Regional Fisheries Management Organisations, IUU Fishing and  High Seas Fisheries Management

2021 ◽  
Author(s):  
◽  
Aaron Irving
Keyword(s):  
Fisheries Management ◽  
International Community ◽  
Fisheries Resources ◽  
Iuu Fishing ◽  
State Compliance ◽  
State Of Affairs ◽  
The Right ◽  
The Unclos ◽  
Flag State ◽  
High Seas

<p>The World's fisheries are in a desperate state, they have been utilised to a point where a majority of the fisheries resources are fully exploited. In addition to overfishing, the responsibility of the sad state of affairs of the world's High Seas' fish stocks can be put down to inefficient management. The high seas fisheries regime is dominated by two powerful, tried, tested and consented to norms: the principle of freedom of fishing on the high seas and the principle of exclusive flag state jurisdiction over flagged vessels on the high seas. These Grotius norms (unintentionally) obstruct effective and meaningful high seas fisheries management, and have enabled unscrupulous states and actors to take advantage of the lacunae created by the UNCLOS High Seas fisheries framework and engage in IUU fishing which has resulted in a tragedy of the high seas commons. Furthermore these norms have a 'hobbling' effect on RFMOS and coastal states alike, and leave them almost powerless to ensure flag-state compliance with their sustainable fishing measures without the consent of the flag state, and totally unable to enforce its measures directly on that flagged vessel. Thus in the absence of an express reference to the superiority of coastal state rights over those of high seas fishing states, freedom of high seas fishing prevails. However the international community armed with weaker UNCLOS obligations of conservation and co-operation and have fought the good fight, and in lightening speed have constructed a normative framework that is additional to but consistent and complimentary with the UNCLOS regime. With the use of port state measures, voluntary instruments that codify responsible fisheries practice, surveillance and the denial of the right to land IUU fish – the fight is gradually beginning to turn in favour of the international community.</p>

To Our Children's Children's Children: From Promoting to Achieving Compliance in High Seas Fisheries

2005 ◽  
Vol 20 (3) ◽  
pp. 509-532 ◽  
Author(s):  
Rosemary Rayfuse
Keyword(s):  
Fisheries Management ◽  
Legal Basis ◽  
Modus Operandi ◽  
Iuu Fishing ◽  
Management Measures ◽  
Current Compliance ◽  
Conservation And Management ◽  
Flag State ◽  
Regional Fisheries Management ◽  
High Seas

AbstractRegional fisheries management organisations (RFMOs) have adopted a range of measures aimed at promoting compliance with the conservation and management measures they adopt and at deterring IUU fishing. However, enforcement of those measures continues to be problematic. This article reviews current compliance and enforcement measures, and discusses their shortcomings. It then examines the legal basis for the adoption by RFMOs of an expanded range of measures aimed at strengthening their enforcement capability and provides practical suggestions as to the possible content of those new measures. Particular attention is paid to the modus operandi of international co-operation and the emerging practice of non-flag state enforcement.

scholarly journals FRANCE AND THE RIGHT OF INTERVENTION ON THE HIGH SEAS

1995 ◽  
Vol 1995 (1) ◽  
pp. 719-720
Author(s):  
Jean-François Levy
Keyword(s):  
International Law ◽  
Direct Action ◽  
The Right ◽  
Flag State ◽  
High Seas

ABSTRACT Over 20 years, France has developed a system for making the best use of the right to intervene in case of a pollution threat established in accordance with international law. A single authority—the Préfet Maritime—has been established for each of the three coasts of France. Once it has been recognized that a ship may pose a pollution threat to the shoreline, even if the ship is on the high seas, the Préfet may act to either persuade the captain or shipowner to take necessary measures (such as arranging for a tow) to prevent an accident, or to take direct action himself as required. So far, persuasion, sometimes through a ship's flag state embassy, has proved to be sufficient in every case.

scholarly journals Sustainable Fisheries Management in the Indian Ocean: The Way Forward

2019 ◽  
Vol 1 (1) ◽  
pp. 1-14
Author(s):  
Jayanath Colombage
Keyword(s):  
Indian Ocean ◽  
Fisheries Management ◽  
Life Support ◽  
Large Population ◽  
Human Security ◽  
Economic Activities ◽  
Fisheries Resources ◽  
Iuu Fishing ◽  
Terrorist Groups ◽  
The Indian Ocean

The Oceans cover 71% of the earth’s surface and contains 97% of the planet’s water. This is the life support system of the earth. The Ocean is the main protein supplier for the humankind. The Indian Ocean is a warm water ocean and well regulated by monsoons and currents. Large number of rivers and tributaries flow into this ocean, making it rich with minerals, seaweeds and planktons, which sustain the fish stocks. Man-made pollution and climate change can be detrimental to the sustenance of a balanced marine eco-system. Further, Illegal, Unreported and Unregulated (IUU) fishing combined with destructive fishing methods can deplete this valuable protein source. Issues and conflicts in delimitation of maritime boundaries and fishermen not respecting even internationally or bilaterally established maritime boundaries are impediments to effective fisheries management. The Indian Ocean is vast and the third largest ocean in the world. The population of the Indian Ocean is around 2.5 billion. However, we must be mindful of the need to have a sustainable ocean based economic model, that will not over exploit the finite fishery resources but will continue to provide the much-needed protein sources to this large population, not only at present times but even in the future. Non-management of fisheries by states and non-adherence to rule based maritime order by non-state actors engaged in fisheries could have ramifications on traditional and human security aspects for the region. Fishing boats and some fishermen could be involved with various maritime crime activities for monetary or ideological gains, and, depletion of fisheries resources due to overfishing can have a direct impact on human security of the Indian Ocean littorals, as the main livelihood and economic activities of the coastal populations are connected to the ocean based resources. There were many instances of the fishermen being exploited by terrorist groups. Hence the management of fisheries in a sustainable manner is important for the Indian Ocean, as the peaceful co-existence of the nations depends on the continued Blue Economic models where the fisheries is managed and harvested in a sustainable manner.

scholarly journals KONSEP HAK PENGELOLAAN PERIKANAN SEBAGAI ALAT PENGELOLAAN PERIKANAN BERKELANJUTAN DI INDONESIA

2017 ◽  
Vol 9 (1) ◽  
pp. 11 ◽  
Author(s):  
Abdul Halim ◽  
Budy Wiryawan ◽  
Neil R Loneragan ◽  
M. Fedi A Sondita ◽  
Adrian Hordyk ◽  
...  
Keyword(s):  
Content Analysis ◽  
Open Access ◽  
Fisheries Management ◽  
Qualitative Content Analysis ◽  
Management Plan ◽  
Management Tool ◽  
Fisheries Resources ◽  
Management Measures ◽  
Over Exploitation ◽  
The Right

Pengelolaan perikanan di Indonesia saat ini belum sepenuhnya mampu mengatasi motivasi perlombaan menangkap ikan. Kondisi yang dikenal sebagai open access ini, perlu segera diatasi untuk mencegah berlanjutnya tangkap lebih. Artikel ini bertujuan untuk menjelaskan konsep Hak Pengelolaan Perikanan (HPP), yang berpotensi diterapkan sebagai alat pengelolaan perikanan termasuk yang berada dekat pantai di Indonesia untuk mengatasi masalah perikanan open access. Metoda qualitative content analysis yang ditriangulasi melalui diskusi kelompok terfokus melibatkan para ahli, pengambil keputusan dan praktisi, digunakan untuk menjelaskan konsep HPP di Indonesia. Hasilnya menunjukkan bahwa pendekatan pengelolaan HPP melegitimasi entitas pemegang HPP mengamankan kesempatannya menangkap ikan secara ekslusif dengan mencegah pihak lain mengeksploitasi sumber daya ikan secara berlebihan. Pembelajaran dari negara lain menunjukkan bahwa HPP yang diintegrasikan kedalam kerangka rencana pengelolaan perikanan, bisa mengatasi permasalahan perikanan open access, karena mampu meredam motivasi dan tindakan nelayan dalam melakukan perlombaan menangkap ikan. Penggunaan ilmu pengetahuan kontemporer dan kearifan lokal dalam menentukan batasan tangkapan lestari dibarengi dengan upaya pemantauan dan penegakan aturan menentukan keberhasilan penerapannya. Terlihat juga bahwa praktek tradisional seperti Sasi di Maluku yang dimungkinkan oleh adanya pengakuan hak ulayat ‘petuanan laut’ merupakan konsep pemanfaatan sumber daya alam secara eksklusif yang selaras dengan esensi dari HPP. Direkomendasikan agar model pengelolaan berbasis HPP ini dilegitimasi kedalam peraturan perundang-undangan, termasuk Undang-Undang Perikanan Republik Indonesia. The existing management measures of Indonesian fisheries has not yet successfully resolved the overfishing. Fishers are still motivated to race for fish resources as typically occurs in an open access fisheries. This circumstance must be addressed immediately to prevent fisheries collapse. This research aims to describe a concept of Fisheries Management Rights (FMRs) as a management tool. This concept is potentially applicable in Indonesia, especially for near-shore fisheries. A qualitative content analysis method, triangulated through focus group discussions that involved experts, decision makers and practitioners was used to describe FMRs concept. The results indicated that this approach legitimizes the entities of the right holders to secure their exploitation right and to prevent others from over exploiting their fisheries resources. Lessons learnt from other countries showed that this approach that have been  integrated within fisheries management plan, successfully addressed open access problem as it prevents fishers’ motivation to the race for fish. This approach need the contemporary and traditional sciences to inform allowable catch to ensure the success implementation. For instance, “Sasi”, traditional fishing right in Maluku  is have similar framework with the contemporary FMRs. Therefore, FMRs should be acknowledged and adopted into Indonesian’ regulations to prevent the over-exploitation

scholarly journals IMPLIKASI IUU FISHING DALAM PENGELOLAAN SUMBER DAYA IKAN DI INDONESIA

2017 ◽  
Vol 1 (1) ◽  
pp. 61
Author(s):  
Subhat Nurhakim
Keyword(s):  
Fisheries Management ◽  
World Wide ◽  
Stock Assessment ◽  
National Plan ◽  
Fish Stocks ◽  
Fisheries Resources ◽  
Iuu Fishing ◽  
Global Concern ◽  
The Impact ◽  
Fishing Practices

Pada tatanan dunia, regional, dan nasional, dewasa ini isu kegiatan yang berkaitan dengan IUU fishing adalah merupakan ancaman utama terhadap sediaan ikan. Telah banyak inisiatif international yang didukung oleh organisasi internasional seperti FAO telah menyiapkan International Plan of Action dari IUU Fishing. Walaupun jumlah negara yang mencoba mengembangkan National Plan of Action dari IUU Fishing terus bertambah, tetapi dalam beberapa hal, kegiatan IUU Fishing merupakan hal yang banyak terjadi dan merupakan ancaman nyata terhadap perikanan lokal. Adalah benar bahwa perhatian dunia terhadap IUU Fishing terus meningkat sebagai akibat yang nyata penurunan sediaan ikan dunia secara drastis. Perkiraan kasar secara keseluruhan menunjukkan bahwa paling tidak 30% dari hasil tangkapan perikanan dunia diperoleh dari kegiatan IUU Fishing. Ini memperlihatkan bahwa masalah IUU Fishing tersebut meningkat dengan kuat, terutama bila dilihat dari percepatan penurunan ketersediaan sumber daya perikanan. Tulisan ini menyajikan hal-hal yang berkaitan dengan pengkajian sediaan dan pengelolaan perikanan seperti juga halnya kegiatan IUU Fishing yang terjadi di Indonesia. Dampak IUU Fishing terhadap hasil pengkajiaan sediaan pada akhirnya digunakan sebagai informasi dasar untuk pengelolaan perikanan juga dibahas. Rekomandasi disampaikan dalam kaitannya untuk mengurangi kegiatan IUU Fishing dan meningkatkan pengkajian sediaan ikan dan pengelolaan perikanan.At global, regional, and national levels, issues associated with IUU fishing activities currently constitute a major world-wide threat to fisheries stocks. There have already been many international initiatives supported by international organizations such as the FAO which have been engaged in the International Plan of Action on IUU fishing. Although an increasing number of countries are trying to develop national plan of actions on IUU fishing, in many parts, IUU fishing practices are still common place and constitute a real threat to local fishers. Indeed, there is increasing global concern about IUU fishing practices due to the fact that global fish stocks are declining drastically. Approximate estimations suggest that overall at least 30% of world-wide fisheries catch is obtained from IUU fishing activities. This shows that the problem is increasingly severe, especially in view of the accelerating overall decline in available fisheries resources. This paper presents briefly regarding stock assessment and fisheries management as well as IUU fishing activities that undertake in Indonesian waters. The impact of IUU fishing to the result of stock assessment, that finally used as basic information for fisheries management is also discuss. Recommendation ismade in relation to eliminate IUU fishing activities and improvement of stock assessment and fisheries management.

Regional Fisheries Management Organizations (RFMOs)

2021 ◽  
pp. 545-610
Author(s):  
Jason S. Link ◽  
Anthony R. Marshak
Keyword(s):  
Fisheries Management ◽  
Fisheries Resources ◽  
Scientific Organizations ◽  
The Us ◽  
Regional Fisheries Management Organizations ◽  
The Antarctic ◽  
Ecosystem Based Fisheries Management ◽  
The U.S ◽  
Regional Fisheries Management ◽  
High Seas

The U.S. participates in transboundary management of migratory and high seas fisheries species as a signatory to 14 major intergovernmental conventions, treaties, and regional fisheries management organizations (RFMOs) throughout the Atlantic and Pacific basins. The U.S. is also a participant in several other international living marine resource (LMR), conservation, and scientific organizations. The reason is that in addition to domestic fisheries resources contained within its EEZ, international, transboundary, and high seas fisheries contribute significantly to U.S. fisheries landings, revenue, and LMR-based employments. This chapter briefly describes those participatory RFMOs and related organizations, and presents some summary statistics related to the ecosystem-based fisheries management (EBFM) criteria noted throughout the regional chapters in this book. Significant progress has been made toward greater understanding of Atlantic and Pacific ecosystems within RFMO jurisdictions, but as expected, generally, progress toward EBFM in RFMOs has been slower than in other regions within the US EEZ, with several challenges remaining unique to what are often taxa-oriented organizations. Given that advances toward EBFM have been occurring throughout several RFMOs, with specific progress of adopting ecosystem considerations occurring in various jurisdictions, particularly in the Antarctic.

scholarly journals Problems of Compulsory Jurisdiction and the Settlement of Disputes Relating to Straddling Fish Stocks

1999 ◽  
Vol 14 (1) ◽  
pp. 1-25 ◽  
Author(s):  
Keyword(s):  
Dispute Settlement ◽  
Sustainable Use ◽  
International Community ◽  
Access To Justice ◽  
Fish Stocks ◽  
Coastal State ◽  
The Right ◽  
Settlement Of Disputes ◽  
Fisheries Law ◽  
High Seas

AbstractModern fisheries law has for some time recognised the special interest of coastal states in the management of adjacent high seas fisheries. It has been slower to acknowledge a comparable interest on the part of high seas fishing states in the conservation and management of EEZ stocks by coastal states. This imbalance of rights and obligations between these two groups of states continues to be reflected in the fisheries articles of the 1982 UNCLOS and in the 1995 Agreement on Straddling and Highly Migratory Fish Stocks. Much of the Law of the Sea Convention is about balancing the interests of different groups of states, and maintaining that balance is one of the reasons for adopting the principle of compulsory binding dispute settlement of disputes in Part XV of the Convention. Disputes about straddling fish stocks are necessarily disputes about the balance between coastal and high seas fishing states, and more generally, about the interest of the international community in sustainable management of stocks. Despite the significant changes which the 1995 Agreement makes to the substantive UNCLOS fisheries law, it remains far from clear that disputes concerning coastal state overfishing or inadequate management of straddling stocks within its own EEZ can be the subject of any form of binding process initiated by another fishing state or entity, even if there is a serious impact on the viability of stocks in other EEZs or on the high seas beyond national jurisdiction. But while coastal states and high seas states may have unequal rights and obligations with regard to fisheries access and management, they do have an equal interest in access to dispute settlement options. Both share a need for authoritative interpretation of difficult and complex texts; in both cases compulsory dispute settlement may be required in the event of failure to reach agreement on the management of shared access to straddling stocks. To hold that only coastal states have the right to compulsory binding settlement in such cases is to stabilise and protect one side of an equitable balance while leaving the other side vulnerable to erosion and instability. The question whether disputes concerning all or part of a straddling stock fall inside or outside compulsory jurisdiction is thus more than a technical question of treaty interpretation. It poses some fundamental questions about the nature of equitable utilisation as a legal principle governing use of common resources. Both in the interests of equitable access to justice, and the effective management and sustainable use of straddling stocks, compulsory jurisdiction should apply to all aspects of such a dispute. The rights of coastal states must of course be maintained, but they should also be accountable for compliance with their obligations insofar as these affect other states or the international community as a whole. The exception for sovereign rights created by Article 297(3) of the Convention and incorporated in the 1995 Agreement should thus be construed narrowly, to cover only the exercise of coastal state discretion on matters that are purely of EEZ concern only, i.e. matters which do not affect straddling stocks, whether inside or outside the EEZ.

scholarly journals ANALISIS HISTORICAL TRADITIONAL FISHING RIGHT PADA ZONA EKONOMI EKSKLUSIF (ZEE) INDONESIA

2019 ◽  
Vol 27 (1) ◽  
pp. 83 ◽  
Author(s):  
Satria Unggul Wicaksana Prakasa ◽  
Al-Qodar Purwo
Keyword(s):  
Research Methods ◽  
International Market ◽  
Fishing Ground ◽  
Legal Research ◽  
Fishing Rights ◽  
Iuu Fishing ◽  
Bilateral Agreement ◽  
The Right ◽  
Traditional Fishing ◽  
The Unclos

Indonesian people are shocked by the case of the Chinese Fisheries (KM) with the name KM Kway Fey 10078 which is categorized as a Foreign Fish Boat (KIA) fishing around the Natuna Islands waters which are the territorial waters of the Indonesian EEZ. The concept of historical traditional fishing ground towards waters in the Natuna sea region which in fact is still an Indonesian EEZ area needs to be further analyzed. The formulation of the problem in legal research are: (1). Theoretical and regulatory regarding Historical Traditonal Fishing Ground based on UNCLOS 1982. (2). The provisions of IUU Fishing are based on UNCLOS 1982 and Indonesian legislation is applied in the case of Historical Traditonal Fishing Ground which catches fish in Indonesian (EEZ) waters. Legal research methods are used with statute approaches and conceptual approaches. The results of this research are (1). If without a bilateral agreement, it is in accordance with the UNCLOS 1982 Historical Traditions of Fishing Ground is categorized as one of the IUU Fishing and violations of jurisdiction and territorial integrity of Indonesia, where Indonesian legal authorities have the right to take action on every fisherman who claims to have traditional fishing rights in accordance with Indonesian legal mechanisms. (2). Needs support from countries to implement policies, programs, and practices from these countries to make this rule implementable, so that there is an impact of remedy for countries that are considered to do IUU Fishing under the pretext of using historical traditional fishing right, then fish commodities arrested was prohibited from being traded on the international market, because the commodity was captured from a process of violation of international marine law and violation of jurisdiction and sovereignty of the State.

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