scholarly journals Is there any other way? : port State jurisdiction as an alternative to the mandatory reflagging of deep water fishing vessels in New Zealand's EEZ

2021 ◽  
Author(s):  
◽  
Henry Curtis

<p>This paper examines the recent changes in New Zealand to require fishing vessels operating in New Zealand waters to be exclusively New Zealand flagged ships, rather than foreign charter vessels as has been practiced to date. Drawing on scholarship regarding the increase in States using measures of port State jurisdiction to regulate foreign vessels throughout zones both in and outside their jurisdiction, the paper asks the question; can a State regulate foreign fishing vessels in its EEZ in a manner consistent with its ability to regulate its own vessels? After establishing the scope of jurisdiction a State holds over vessels in its respective maritime zones (including its ports), this paper goes on to examine the cases of abuse, substandard vessel conditions, and underpayment of workers highlighted on foreign fishing vessels in New Zealand and their possible regulation. The paper ultimately concludes that the application of port State jurisdiction is limited in its ability to regulate foreign EEZ fishing vessels. While some aspects of foreign vessel operation in the EEZ can be regulated to the same extent as domestic vessels, the nature of some offences on board foreign fishing vessels leaves them beyond the jurisdiction of the coastal State.</p>

2021 ◽  
Author(s):  
◽  
Henry Curtis

<p>This paper examines the recent changes in New Zealand to require fishing vessels operating in New Zealand waters to be exclusively New Zealand flagged ships, rather than foreign charter vessels as has been practiced to date. Drawing on scholarship regarding the increase in States using measures of port State jurisdiction to regulate foreign vessels throughout zones both in and outside their jurisdiction, the paper asks the question; can a State regulate foreign fishing vessels in its EEZ in a manner consistent with its ability to regulate its own vessels? After establishing the scope of jurisdiction a State holds over vessels in its respective maritime zones (including its ports), this paper goes on to examine the cases of abuse, substandard vessel conditions, and underpayment of workers highlighted on foreign fishing vessels in New Zealand and their possible regulation. The paper ultimately concludes that the application of port State jurisdiction is limited in its ability to regulate foreign EEZ fishing vessels. While some aspects of foreign vessel operation in the EEZ can be regulated to the same extent as domestic vessels, the nature of some offences on board foreign fishing vessels leaves them beyond the jurisdiction of the coastal State.</p>


2021 ◽  
Author(s):  
◽  
Henry Curtis

<p>This paper examines the recent changes in New Zealand to require fishing vessels operating in New Zealand waters to be exclusively New Zealand flagged ships, rather than foreign charter vessels as has been practiced to date. Drawing on scholarship regarding the increase in States using measures of port State jurisdiction to regulate foreign vessels throughout zones both in and outside their jurisdiction, the paper asks the question; can a State regulate foreign fishing vessels in its EEZ in a manner consistent with its ability to regulate its own vessels? After establishing the scope of jurisdiction a State holds over vessels in its respective maritime zones (including its ports), this paper goes on to examine the cases of abuse, substandard vessel conditions, and underpayment of workers highlighted on foreign fishing vessels in New Zealand and their possible regulation. The paper ultimately concludes that the application of port State jurisdiction is limited in its ability to regulate foreign EEZ fishing vessels. While some aspects of foreign vessel operation in the EEZ can be regulated to the same extent as domestic vessels, the nature of some offences on board foreign fishing vessels leaves them beyond the jurisdiction of the coastal State.</p>


2021 ◽  
Author(s):  
◽  
Henry Curtis

<p>This paper examines the recent changes in New Zealand to require fishing vessels operating in New Zealand waters to be exclusively New Zealand flagged ships, rather than foreign charter vessels as has been practiced to date. Drawing on scholarship regarding the increase in States using measures of port State jurisdiction to regulate foreign vessels throughout zones both in and outside their jurisdiction, the paper asks the question; can a State regulate foreign fishing vessels in its EEZ in a manner consistent with its ability to regulate its own vessels? After establishing the scope of jurisdiction a State holds over vessels in its respective maritime zones (including its ports), this paper goes on to examine the cases of abuse, substandard vessel conditions, and underpayment of workers highlighted on foreign fishing vessels in New Zealand and their possible regulation. The paper ultimately concludes that the application of port State jurisdiction is limited in its ability to regulate foreign EEZ fishing vessels. While some aspects of foreign vessel operation in the EEZ can be regulated to the same extent as domestic vessels, the nature of some offences on board foreign fishing vessels leaves them beyond the jurisdiction of the coastal State.</p>


2021 ◽  
Author(s):  
◽  
Jan Robert Baur

<p>This study investigates the nature, origin, and distribution of Cretaceous to Recent sediment fill in the offshore Taranaki Basin, western New Zealand. Seismic attributes and horizon interpretations on 30,000 km of 2D seismic reflection profiles and three 3D seismic surveys (3,000 km²) are used to image depositional systems and reconstruct paleogeography in detail and regionally, across a total area of ~100,000 km² from the basin's present-day inner shelf to deep water. These data are used to infer the influence of crustal tectonics and mantle dynamics on the development of depocentres and depositional pathways. During the Cretaceous to Eocene period the basin evolved from two separate rifts into a single broad passive margin. Extensional faulting ceased before 85 Ma in the present-day deep-water area of the southern New Caledonia Trough, but stretching of the lithosphere was higher (β=1.5-2) than in the proximal basin (β<1.5), where faulting continued into the Paleocene (~60 Ma). The resulting differential thermal subsidence caused northward tilting of the basin and influenced the distribution of sedimentary facies in the proximal basin. Attribute maps delineate the distribution of the basin's main petroleum source and reservoir facies, from a ~20,000 km²-wide, Late Cretaceous coastal plain across the present-day deep-water area, to transgressive shoreline belts and coastal plains in the proximal basin. Rapid subsidence began in the Oligocene and the development of a foredeep wedge through flexural loading of the eastern boundary of Taranaki Basin is tracked through the Middle Miocene. Total shortening within the basin was minor (5-8%) and slip was mostly accommodated on the basin-bounding Taranaki Fault Zone, which detached the basin from much greater Miocene plate boundary deformation further east. The imaging of turbidite facies and channels associated with the rapidly outbuilding shelf margin wedge illustrates the development of large axial drainage systems that transported sediment over hundreds of kilometres from the shelf to the deep-water basin since the Middle Miocene. Since the latest Miocene, south-eastern Taranaki Basin evolved from a compressional foreland to an extensional (proto-back-arc) basin. This structural evolution is characterised by: 1) cessation of intra-basinal thrusting by 7-5 Ma, 2) up to 700 m of rapid (>1000 m/my) tectonic subsidence in 100-200 km-wide, sub-circular depocentres between 6-4 Ma (without significant upper-crustal faulting), and 3) extensional faulting since 3.5-3 Ma. The rapid subsidence in the east caused the drastic modification of shelf margin geometry and sediment dispersal directions. Time and space scales of this subsidence point to lithospheric or asthenospheric mantle modification, which may be a characteristic process during back-arc basin development. Unusual downward vertical crustal movements of >1 km, as inferred from seismic facies, paleobathymetry and tectonic subsidence analysis, have created the present-day Deepwater Taranaki Basin physiography, but are not adequately explained by simple rift models. It is proposed that the distal basin, and perhaps even the more proximal Taranaki Paleogene passive margin, were substantially modified by mantle processes related to the initiation of subduction on the fledgling Australia-Pacific plate boundary north of New Zealand in the Eocene.</p>


2013 ◽  
Vol 43 (4) ◽  
pp. 415-442 ◽  
Author(s):  
B. W. Hayward ◽  
A. T. Sabaa ◽  
H. R. Grenfell ◽  
H. Neil ◽  
H. Bostock

1994 ◽  
Vol 8 (6) ◽  
pp. 1397 ◽  
Author(s):  
HES Clark ◽  
DG McKnight

Damnaster tasmani, gen. et sp. nov., belonging in the deep-water asteroid family Porcellanasteridae, is described from five stations (nine specimens) to the west of New Zealand, between 35° and 46° S, 156° and 167° E, in depths of 1647 - 4868 m.


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