The EU restrictive trade measures against IUU fishing

The opportunities for operators to increase their revenue when illegal, unreported and unregulated (IUU) fishing catches are converted to currency through the market encourage the persistence and growth of this activity. It is often the same market that is targeted for the legal trade of fish. Thus, paradoxically, the market demand creates and incites it, at least from an economic point of view. To deter IUU fishing activities, some fish and fishery products importing countries have started to enact or implement additional regulatory measures, the goal of which is to tackle the problem from a new trade-related perspective. This contribution provides an analysis of various aspects of the market state competence. Within the framework of the European Union (rights and markets) the study analyses the emergence of regional trade-related measures and explore how they are linked to the international trade law regime especially the World Trade Organization rules. Finally, the paper draws implications for the market state measures and considers their limits and potential in combatting IUU fishing.     

Cooperation and unregulated fishing: interactions between customary international law,and the European Union IUU fishing regulation

The extent to which flag States are bound by the conservation rules of regional fishery management organisations is an important question in the quest to reduce unregulated fishing. The European Union implemented a trade suspension against Cambodia under Council Regulation 1005/2008, in response to unregulated fishing by Cambodian vessels in high seas areas managed by regional fishery management organisations. Limitations in the arguments underpinning the decision evidence the flaws of unregulated fishing as a legal concept, underlining the need for it to be appropriately interpreted and contextualised in the international legal framework. Clarity on the differences between conventional and customary sources of international legal obligation, and their implications for State consent, should guide the implementation of the Regulation to maximise the normative potential of resulting practices.     

Protecting the North-East Atlantic: enhancing synergies by institutional interplay

This article examines the interplay between three different international institutions on marine pollution in the North Sea and the wider North-East Atlantic: the International North Sea Conferences (INSC), the OSPAR-Convention and preceding conventions as well as the European Union (EU). It argues that interplay between these institutions have proved synergetic in two ways. First, the INSC-process has speeded up decision-making within OSPAR and the EU by means of leadership, change in membership and institutional arrangements. Second, OSPAR and the EU have subsequently facilitated domestic implementation of the North Sea Conference Declarations by means of higher authoritativeness and enforcement competence. These three institutions have fulfilled different functions all of which are needed to make international environmental cooperation effective.     

International trade law compatibility of market-related measures to combat illegal,unreported and unregulated (IUU) fishing

Measures to combat illegal, unreported and unregulated (IUU) fishing increasingly seek to constrain access to markets. These measures include enhanced seafood traceability and catch documentation schemes, the blocking of port access and landings, the identification and assessment of vessels engaged in IUU fishing and the prohibition on imports, transhipments or trade of fish products. It is important that such measures are in accordance with international law, including the agreements of the World Trade Organisation (WTO). This article evaluates a range of market-related measures for compatibility with international trade law, including the General Agreement on Tariffs and Trade (GATT) and the Agreement on Technical Barriers to Trade. The law requires measures to be non-discriminatory and, for certain technical regulations, not more trade-restrictive than necessary to achieve a legitimate objective. However, there are exceptions to these rules, including for measures relating to the conservation of exhaustible natural resources or for measures necessary for the protection of animal life or health, public morals, or to secure compliance with certain laws or regulations. While the design of current unilateral measures to combat IUU fishing appears to accord with trade law requirements, this article argues that there is scope for a wider and more collective approach. In this vein, new provisions in the recently concluded Trans-Pacific Partnership (TPP) are identified. The article concludes with recommendations for governments, international organisations, private actors and the global community wishing to take action in this area.     

An economic analysis of illegal, unreported and unregulated (IUU) fishing: Key drivers and possible solutions

The fight against illegal, unreported and unregulated (IUU) fishing activities has recently become a high priority in the international fisheries management agenda. While a number of academic contributions have sought to improve the understanding of the problem, most remain limited in scope. To help policy makers obtain a more comprehensive picture of the situation, the OECD Committee for Fisheries recently completed a study addressing the full economic dimensions of IUU fishing in an integrated manner. This paper presents the analytical framework developed by the OECD as well as some of the key results of the study regarding the causes of and the potential solutions to this widespread problem.     

Limits of governability: Institutional implications for fisheries and coastal governance

Drawing on some recent developments in so-called “interactive governance theory”, it is argued that fisheries and coastal governance is basically a relationship between two systems, which could be termed a “governing system” and a “system-to-be-governed.” The former system is social: it is made up of institutions and steering mechanisms. The latter system is partly natural, partly social: it consists of an ecosystem and the resources that it harbors, as well as a system of users and stakeholders who form political coalitions and institutions among themselves. Obviously, we need to be concerned with the relationship and interaction between the governing system and the system-to-be-governed, which forms a system in its own right. According to governance theory, these systems share similar structural attributes: they are diverse, complex, dynamic and vulnerable. In order for governance to work they must somehow be compatible, in order to be mutually responsive. This is not a matter of natural mechanism but of institutional design by societal actors such as legislative bodies, planning agencies and civic organizations—alone, or in concert. What conditions, mechanisms and institutions are conducive to creating a better rapport between the governing system and the system-to-be-governed? Before we can start this discussion, we need to rethink our basic assumptions of what governance is, what governors do, and what we can expect from governance. How do we get from where we are now to where we want to be? In order to accomplish this we need something other than an instrumental, rational model. We need “a technology of foolishness” that emphasizes institutional experimentation and learning by doing.     

Institutional change,fishing rights and governance mechanisms: The dynamics of the Spanish 300 fleet on the Grand Sole fishing grounds

The “Spanish 300 Fleet” on the Grand Sole fishing grounds has been one of the most important fleets in Europe for decades. This paper analyses the process of institutional change that has determined the governance mechanisms and the property-rights system in the case of the Spanish 300 fleet. It studies the centralized top-to-bottom process of institutional change that has included some relevant legal norms such as the approval of the compatibility of the vessel scrapping grants while retaining ownership of the fishing rights, the transferability of rights and lastly the implementation of ITQs in 2007, among other changes. This evolution of the governance mechanisms has facilitated the modernization and size adjustment of this fleet, which has been oversized for the fishing opportunities provided by the TACs. The paper explains how this process of institutional change has implied a reduction of the “300 fleet” to a 100 fleet while shedding light on the relationships between institutional change, governance mechanisms and the property-rights system in this case of fisheries management.     

Global trade in fish and fishery products: An overview

Global trade in fishery products plays a significant role in shaping the harvesting and use of fish, and therefore will be an important part of a transition to sustainable fisheries. This article provides an overview of global trade flows in fish and fishery products as well as future trends affecting the sector. It then moves on to review trade policy measures applied in major producing and importing countries, including tariff, non-tariff measures, and fisheries subsidies. It ends with an overview of recent developments in international frameworks governing trade in fish and fishery products at the global, regional and national levels.     

Saltwater sport fishing for food or income in the Northeastern US: Statistical estimates and policy implications

In the Northeast US fishery managers have attempted to control marine recreational fishing mortality through annual adjustments to the number and/or size of fish that can be kept. These measures, with a few exceptions, have generally failed to prevent recreational fishing mortality rates from exceeding annual target levels. In this study, we show that one of the reasons why keep limits may have failed is that a substantial number of anglers obtain little value from being able to keep self-caught fish. Our findings are based on a telephone survey administered to marine anglers in all of the coastal counties in the Northeast US in 2004/2005. To evaluate the importance of keeping self-caught fish, we provide estimates of the size of the marine angling population in the Northeast US that keeps fish for food or income and also for those that fish primarily for recreation and place little or no value on keeping fish. Demographic characteristics of the two groups of anglers are compared statistically and differences related to consumption of self-caught marine resources and to health warning advisories are discussed. We also estimate the size of the Northeast US angling population that relies on their self-caught marine resources as a cost-saving food source or as a supplement to household income. This information could improve the effectiveness of fisheries regulations and the ability of policy analysts to predict how anglers might be affected by proposed fishery management actions.     

Institutional and ethical dimensions of resilience in fishing systems: Perspectives from co-managed fisheries in the Pacific Northwest

Resilience defines the ability of a system to retain control of function and structure despite changing conditions. In human-natural systems this is related to the capabilities of social institutions. This paper presents insights into institutional and ethical dimensions of resilience, focusing on case studies in the Pacific Northwest that involve cooperative management of Pacific salmon by tribal, state and federal governments. Several characteristics enhance resilience, including institutional nesting and linkages, responsiveness, flexibility, adaptive capacity, opportunities for cross-cutting cleavages, collaborative problem definition, routinization of conflict, knowledge generation, dissemination and feedback loops, and ethical underpinnings that enlarge the boundaries of community.     

The bottom line: An investigation of the economic,cultural and social costs of high seas industrial longline fishing in the Pacific and the benefits of conservation

High sea industrial longline fishing can be understood as a case study of the cultural, economic, environmental and social impacts of unsustainable fishing technology. While much attention has been attributed to the impact of industrial longlines on the marine ecosystem, little is known about the impact of longline fishing on local food security, employment, cultural belief systems and traditions, revenue generation from marine tourism and climate change. New data demonstrate that the contributions of Marine Protected Areas, marine tourism and recreational fishing to local coastal economies dwarf the contributions of longline fishing. When combined with the impact of overfishing on coastal fishing communities and fish consumers, policies promoting sustainable fisheries must be expanded to take these other factors into account along with issues of biodiversity.     

The bottom line: An investigation of the economic, cultural and social costs of industrial longline fishing in the Pacific and the benefits of sustainable use marine protected areas

Industrial longline fishing can be understood as a case study of the cultural, economic, environmental and social impacts of unsustainable fishing technology. While much attention has been attributed to the impact of industrial longlines on the marine ecosystem, little is known about the impact of longline fishing on local food security, employment, cultural belief systems and traditions, revenue generation from marine tourism and climate change. New data demonstrate that the contributions of Marine Protected Areas, marine tourism and recreational fishing to local coastal economies dwarf the contributions of longline fishing. When combined with the impact of overfishing on coastal fishing communities and fish consumers, policies promoting sustainable fisheries must be expanded to take these other factors into account along with issues of biodiversity.     

东、黄海围网渔场鲐鲹鱼产量的年际变动

根据1998～2002年我国主要渔业公司灯光围网船在东、黄海的生产统计资料,利用Marine Explorer4.0软件进行渔场分布绘制和年际比较,利用空间距离聚类法对南、北两大渔场的产量重心年际变化进行比较.结果表明,高产量渔场主要集中在南部的26°～28°N、122°～124°E和北部的32°～38°N、123°～125°E海域.年际间渔场分布及其产量重心有所变动,北部渔场分布范围较大.渔场产量重心分布变化与海洋环境条件存在明显的关系,1998年6～7月由于沿岸冲淡水势力较强,造成了7月份围网渔场产量重心明显向东偏移.     

The value of recreational fishing in the Great Barrier Reef, Australia: A pooled revealed preference and contingent behaviour model

Given the focus on protecting natural assets in the Great Barrier Reef Marine Park in Australia, it is important for managers and policy makers to understand the value of recreational fishing in the area, and how changes in management may affect those recreational values. Travel cost methods were used to estimate the value of recreational fishing in the Capricorn Coast in Central Queensland using data from on-site surveys conducted at boat ramps. The study also uses contingent behaviour models to estimate the change in the value of recreational fishing as conditions vary. Results indicate that there are high values associated with recreational fishing activity along the Capricorn Coast, and that the demand for recreational fishing is inelastic and that values are relatively insensitive to changes in catch rates.     

Economic incentives for sustainable hilsa fishing in Bangladesh: An analysis of the legal and institutional framework

Bangladesh's hilsa shad (Tenulosa ilisha) comprises the largest single-species fishery in the country, constituting 11 per cent of the total catch and employing 2.5 million people directly or indirectly. Since 2003, following a sharp decline in catch figures, the hilsa fish has been the subject of a government conservation programme offering fishers economic incentives or payments for ecosystem services (PES). While PES schemes are widely used to conserve natural resources such as forests and watersheds, Bangladesh's programme is a rare example of PES for sustainable fishery management. Catch figures have improved since the programme was introduced; but concerns remain about fishers’ socioeconomic conditions and the long-term sustainability of Bangladesh's hilsa fishery. This paper analyses the conservation scheme's legal and institutional frameworks, identifying challenges to its design and implementation, and makes recommendations to overcome them.