Conclusion

This Chapter draws on the cumulative effect of the research and analysis in the book in order to address the overall enquiry concerning the nature and extent of coastal State jurisdiction over living resources in the exclusive economic zone (EEZ) under the 1982 United Nations Convention on the Law of the Sea (LOSC). First, it proposes a general statement or ‘jurisdictional test’ regarding the nature of coastal State jurisdiction over the living resources of the EEZ. It suggests that this jurisdiction is flexible but functional, consisting of a broad discretion exercisable within functional limits that are determined on the basis of reasonableness and by reference to the balance of rights and interests reflected in the EEZ regime. Second, it outlines some more thematic conclusions about the extent of coastal State jurisdiction, considering the effect that State practice has had on the interpretation or development of relevant aspects of the LOSC, and the extent to which it justifies assertions that the ‘creeping jurisdiction’ of coastal States will upset the balance of rights and interests established in the LOSC. The Chapter concludes the book with some brief reflections on the critical importance of striking the right balance between the rights and duties of coastal States and other States in the EEZ, in order to maintain the sui generis regime established in the LOSC and effectively and innovatively address the current and future challenges of international fisheries governance.

Precision Fishery Management Framework Based on Fisheries Management Area

Implementing precision fisheries management is a challenge for fisheries governance. Precision fisheries management might depend on the availability of data, area, carrying capacity, utilization, labor, industrial capacity, and fish consumption of the community. For Indonesia, the Fisheries Management Areas (FMAs) approach could become the basis for traceability and measurability of precision fisheries management. To ensure its effectiveness, the design of precision fisheries management must be started with the development of a logical framework, which then serves as a foundation for a further management design. This paper aims to present a management framework for precision fisheries management based on Fisheries Management Area. The framework covers sub sector in fisheries including capture fisheries, aquaculture, fish processing, and conservation activities. Meanwhile, supervision is the cornerstone that will oversee the implementation of all the fisheries sub sector. The framework shows that spatial-based data is one of the determinants in the efficacy of precision fisheries management.

Fishing Livelihoods and Fisheries Governance

This book centres on an understanding of fishing livelihoods within processes of historical change, and the social and political relationships within which they are embedded. Drawing on our research experience from the Asia-Pacific region, we examine where fishing livelihoods have come from, and where they are going. This introductory chapter introduces fishing livelihoods and the governance challenge that they face, before examining social science research in greater depth. We then develop the idea of a relational approach to fishing livelihoods, describing how they are shaped by wider political and economic trajectories, by local social relationships and by institutional structures.

Fisheries Governance

This chapter examines the role that governance plays in shaping fishing livelihoods. This includes formal government regulation as well as other factors that shape fishing, such as markets, buyer requirements and social norms. Institutional arrangements serve as a key component of fishing livelihoods, by prescribing the conditions under which fishing livelihoods operate. In this chapter we sketch out some of the trends in fisheries governance across parts of the Asia-Pacific, before discussing examples in Australia and Indonesia.

Towards effective monitoring, control and surveillance policy and implementation in South Africa and its relevance to other Southern African States

The responsibility of Fisheries Governance Authorities (FGAs) is to ensure that there is sustainable utilisation and exploitation of marine living resources through effective Monitoring, Control and Surveillance (MCS). MCS is a mechanism used to implement agreed policies, plans and strategies for oceans and fisheries governance, and it is key to their successful implementation. In the continent, the African Union (AU), through its agencies, economic and regional structures encourage and supports national and regional MCS programs. South Africa is a SADC coastal State with a fisheries governance branch mandated to ensure sustainable marine living resources’ utilisation with support from a national MCS program. This support depends on the effectiveness of the current national MCS organisational structure, capacity, legislative and policy framework, as well as regional cooperation. In addition to an extensive literature review, this study developed a MCS framework, following international fisheries legislation and guidelines, for testing the South African MCS’ conformity to such a model. Furthermore, Namibia and Mozambique were included as examples of SADC coastal States to determine their responsiveness to regional cooperation and coordination. Based on the framework, a questionnaire with four parts, Part A: Background Information; Part B: Evaluation of MCS Enablers; Part C: Evaluation of an MCS system process and its effectiveness – reactive approach; and Part D: - proactive approach was developed to collect information. The data was analysed, using appropriate statistical methods to determine, against set characteristics, the level of information that the government respondents could provide to the research topic, and to determine the effectiveness of the South African MCS program. Limited information from Namibia and Mozambique showed readiness in their respective MCS programs for a regional MCS integrated approach, as is the case with South Africa, but there is no serious engagement to implement any regional MCS program. Results showed that the South African MCS program's effectiveness is generally adequate, but there are challenges with planning; financial resources; MCS equipment; stakeholder engagement processes, and governance. A primary recommendation from this study was that business plans, as utilised in the private sector, should be developed by South African Fisheries Governance Authority (FGA) to address MCS governance shortcomings as revealed by this study. A reconfiguration of the MCS organisational structure to include a resource mobilisation unit is considered necessary to effect the much needed improvements.