Effective Governance and Policy Implementation in Governing High Seas Fisheries: A Comparative Study of Three Regional Fisheries Management Organizations

<p>Two-thirds of fish stocks commercially fished on the high seas are either depleted or overexploited. Regional Fisheries Management Organizations (RFMOs) are key international actors having the legal competence to establish fishery conservation and management measures to improve the optimal and sustainable utilization of high seas fisheries resources. The literature suggests that their effectiveness is varied. While some RFMOs are making progress towards more sustainable fisheries, some are facing fish stock depletion. The literature indicates that organizational governance design and quality of implementation are central to the disparities. Thus far, while most of the discussion has focused on the effectiveness, and how to enhance the transparency of RFMOs, very little research has explored the designs of governance arrangements and implementation of RFMOs. Accordingly, this study contributes to the literature on governance arrangements and policy implementation of the high seas by offering in-depth case studies of the selected RFMOs. It employs qualitative methods to analyze data collected from semi-structured interviews with 24 actors (i.e., officials, delegations, and fisheries experts), as well as a collection of published and unpublished documents regarding three selected RFMOs. The three selected RFMOs are the Commission for the Conservation of Southern Bluefin Tuna (CCSBT), the Western and Central Pacific Fisheries Commission (WCPFC), and the South Pacific Regional Fisheries Management Organization (SPRFMO). The findings show that it is possible to apply Ostrom’s (1990) design principles to uncover how RFMOs can be designed for higher performance in governing high seas fisheries. However, adjusted and additional design principles are necessary to have a better understanding of the factors that contribute to sustainable high seas fisheries. For example, the design principles should include policy learning and adaption, particularly in the regional and global contexts, so as to address complexities and uncertainties. Furthermore, the research reveals a number of critical factors of RFMO policy implementation, such as strong political will and commitment, the availability of proper resources and coalitions. This study concludes with recommendations for policymakers of the RFMOs to better achieve their overarching objectives.</p>

Effective Governance and Policy Implementation in Governing High Seas Fisheries: A Comparative Study of Three Regional Fisheries Management Organizations

<p>Two-thirds of fish stocks commercially fished on the high seas are either depleted or overexploited. Regional Fisheries Management Organizations (RFMOs) are key international actors having the legal competence to establish fishery conservation and management measures to improve the optimal and sustainable utilization of high seas fisheries resources. The literature suggests that their effectiveness is varied. While some RFMOs are making progress towards more sustainable fisheries, some are facing fish stock depletion. The literature indicates that organizational governance design and quality of implementation are central to the disparities. Thus far, while most of the discussion has focused on the effectiveness, and how to enhance the transparency of RFMOs, very little research has explored the designs of governance arrangements and implementation of RFMOs. Accordingly, this study contributes to the literature on governance arrangements and policy implementation of the high seas by offering in-depth case studies of the selected RFMOs. It employs qualitative methods to analyze data collected from semi-structured interviews with 24 actors (i.e., officials, delegations, and fisheries experts), as well as a collection of published and unpublished documents regarding three selected RFMOs. The three selected RFMOs are the Commission for the Conservation of Southern Bluefin Tuna (CCSBT), the Western and Central Pacific Fisheries Commission (WCPFC), and the South Pacific Regional Fisheries Management Organization (SPRFMO). The findings show that it is possible to apply Ostrom’s (1990) design principles to uncover how RFMOs can be designed for higher performance in governing high seas fisheries. However, adjusted and additional design principles are necessary to have a better understanding of the factors that contribute to sustainable high seas fisheries. For example, the design principles should include policy learning and adaption, particularly in the regional and global contexts, so as to address complexities and uncertainties. Furthermore, the research reveals a number of critical factors of RFMO policy implementation, such as strong political will and commitment, the availability of proper resources and coalitions. This study concludes with recommendations for policymakers of the RFMOs to better achieve their overarching objectives.</p>

Regional Fisheries Management Organizations (RFMOs)

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.

Fisheries management policy in Indonesia’s Exclusive Economic Zone area

The existing fisheries management within the Indonesian Exclusive Economic Zone (EEZ) is based upon several regulations derived from international conventions, national regulations, as well as conventions mutually agreed by Regional Fisheries Management Organizations members, which is intended to ensure that fish resources in the EEZ area can be managed optimally and sustainably. The sole purpose of this qualitative research is to examine national and international policies that regulate fisheries management in the Indonesian EEZ waters. The analysis was carried out qualitatively with a normative juridical approach and then descriptively elaborated. The results showed that the national regulations issued by the government has already referred to the UNCLOS 1982 and WCPFC Conventions, but the implementation has been far from optimal due to the heaps of regulatory references. Therefore, it is of utmost importance that the government set its policies on setting up appropriate regulations and simplifying all national regulations governing fisheries management in the Indonesian EEZ into a single regulation. It is meant to avoid overlapping arrangements and facilitate a much better implementation.

Life history parameters of the crocodile shark, Pseudocarcharias kamoharai, in the tropical Atlantic Ocean

The crocodile shark (Pseudocarcharias kamoharai) is a small lamniform shark that is occasionally by-caught in pelagic longline fisheries targeting tunas and swordfish. Due to its biological features, this species is highly vulnerable to overexploitation. However, at present, the crocodile shark is not evaluated for its stock status by any of the Regional Fisheries Management Organizations. In this study, the biology of 391 specimens (220 females and 171 males), ranging from 44.2 cm to 101.5 cm fork length (FL), collected from the tropical region of the Atlantic Ocean, was examined. Ages were assigned from growth band counts in vertebral sections, with the modified von Bertalanffy growth model, using a fixed size at birth (L0) at 32 cm FL, producing the best fit: Linf = 105.6 cm FL and k = 0.14 y−1 for females; Linf = 94.6 cm FL and k = 0.18 y−1 for males. Maturity ogives were fitted to both length- and age-based data. The size (L50) and age (A50) at 50% maturity was estimated at 67.2 cm FL (5 years) and 81.6 cm FL (8 years) for males and females, respectively. Mean uterine fecundity was 3.7 pups per litter with a 1:1 embryonic sex ratio. Further work is needed regarding crocodile shark life-history characteristics, especially because there are no age validation studies of the band pair deposition periodicity. However, the parameters now presented can contribute to future evaluations of this species, which is especially important given its potentially vulnerable life history.

Comparative International Fisheries Management

High-seas fisheries are managed by a set of approximate 20 regional fisheries management organizations (RFMOs) that vary in terms of membership, structure, processes, and health of the stocks they manage. These RFMOs have tackled similar challenges in sometimes different and sometimes convergent ways, learning from each other and occasionally collaborating. This chapter gives an overview of the difficulties of international fisheries management; the primary regulatory approaches (and their evolution) in these organizations, such as voting rules and options to opt out of collective regulations; and the efforts to monitor and enforce rules that have been created. Individually and sometimes collectively RFMOs have worked to decrease the ability of states or vessels to fish outside of the regulatory process, including making it difficult for fish caught outside of RFMO rules to find markets, and they have increased the ability to monitor compliance. While some scholars argue that the regional nature of fisheries management causes problems and that there should be fewer organizations regulating international fisheries, RFMOs have resisted consolidation or management collaboration. Ultimately there is still much to be learned about the sources of effectiveness in management of high-seas fisheries.

Legal aspects of cooperation of the European Union with third states in the field of fisheries

Fisheries is an important and well-developed industry in the European Union. At the same time, most of the catch falls on areas outside the waters under its jurisdiction. In this regard, the EU concludes with third states international agreements on cooperation in the field of fisheries. The article presents an analysis of general information on fisheries in the EU outside the waters of the Union, defines a system for allocating quotas for catching marine living resources in the EU, analyzes the EU's bilateral agreements with third countries in the field of fisheries, noted the Union's membership in regional fisheries management organizations, considered the legal regulation of the fight against illegal, unreported and unregulated fishing in the EU, as well as its cooperation with third countries in the fight against this negative phenomenon. Particular attention is paid to the analysis of the legal foundations of cooperation between the Russian Federation and the EU in the field of fisheries and its prospects.

Assessment of Regional Fisheries Management Organizations Efforts toward the Precautionary Approach and Science-Based Stock Management and Compliance Measures

The sustainable management of the ocean as a global food source has been prominent in recent debates due to the disproportionate rate of human consumption, depletion of fish stocks and shortcomings in conservation efforts. Criticisms from various sectors on the effectiveness of Regional Fisheries Management Organizations (RFMO) in relation to their mandates have prompted performance reviews (PRs) to evaluate their efforts in fisheries management. Among concerns are slow implementation of comprehensive harvest strategies which use science-based indicators and management principles. Moreover, RFMOs are expected to apply the precautionary approach, in the hopes of anticipating, monitoring, preventing and mitigating potential threats. The emergent themes are revealed through content analysis pertaining to cooperation and compliance being essential to fisheries management activities in conjunction with choosing the right operational approaches and the proper implementation of various fisheries regulations. Government mandates and stakeholder’s recommendations support fisheries management organizations to function more effectively. This article discusses the role of coercive, normative and mimetic pressures in RFMOs activities, as described in recent performance reviews. It then analyses how RFMOs have implemented the precautionary approach together with science-based stock management and compliance measures, utilizing recent PRs to assess progress on relevant recommendations.

The Need for Social Considerations in SDG 14

Sustainable Development Goal 14 acknowledges the need for action to achieve a sustainable future for our ocean. Many initiatives are working on ocean-related issues; however, social problems are often overlooked. In this article, we argue that to achieve a sustainable ocean, social aspects need to be considered. We explore the link between SDG 14 and SDG 8 as labor and working conditions on fishing vessels receive increasing attention. Regional Fisheries Management Organizations have the mandate to manage fisheries at the high seas, therefore, we argue that these organizations need to act on, and implement, resolutions and measures, addressing labor standards. Labor conditions related to the fishing sector have not received the level of scholarly attention that they deserve, thus more research is needed.

Global political responsibility for the conservation of albatrosses and large petrels

Migratory marine species cross political borders and enter the high seas, where the lack of an effective global management framework for biodiversity leaves them vulnerable to threats. Here, we combine 10,108 tracks from 5775 individual birds at 87 sites with data on breeding population sizes to estimate the relative year-round importance of national jurisdictions and high seas areas for 39 species of albatrosses and large petrels. Populations from every country made extensive use of the high seas, indicating the stake each country has in the management of biodiversity in international waters. We quantified the links among national populations of these threatened seabirds and the regional fisheries management organizations (RFMOs) which regulate fishing in the high seas. This work makes explicit the relative responsibilities that each country and RFMO has for the management of shared biodiversity, providing invaluable information for the conservation and management of migratory species in the marine realm.