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.     

Salt Marsh Dieback: An overview of recent events in the US

This paper provides an overview of the marsh dieback events that have been observed along the east and gulf coasts of the U.S. over the past decade. It is likely that some of the recently reported changes in marsh vegetation were affected by physical or biotic disturbances that are known to generate bare areas, such as overgrazing or wrack smothering. Other areas may be experiencing a state change such as that caused by long-term changes in sea level. However, sites in many areas are not readily explained by these causes and are considered to have experienced “sudden dieback.” In such cases, there are observations that the above-ground plant material thinned or browned or, in some cases, failed to re-emerge in the spring; the dieback occurred over a period of months and usually affected multiple sites within the area; and there is evidence that these events are transient (through successful transplants or natural regrowth/recovery), although some areas take years to recover. We explored the potential linkage of dieback with drought (as characterized by the Palmer Severity Drought Index), and found that there is evidence for an association in the southeast (GA and SC) and the Gulf (LA), but not in the mid-Atlantic (DE, VA) or northeast (ME, RI, CT). We also review the evidence for potential causes of sudden dieback, including changes in soil chemistry, fungal pathogens, top–down consumer controls, and multiple stressors. There is currently no single explanation that can be applied to recent dieback. We highlight the need for the development of improved diagnostics that will allow us to better classify dieback areas and provide evidence for (or against) potential causes.     

Ecological periodic tables for benthic macrofaunal usage of estuarine habitats in the US Pacific Northwest

This study shows that spatially and temporally recurring benthic macrofauna-habitat patterns validate the ecological relevance of habitat types to benthic macrofauna and suggest they can serve as elements in ecological periodic tables of benthic macrofaunal usage. We discovered patterns across nine habitat types (intertidal eelgrass [Zostera marina], dwarf eelgrass [Zostera japonica], oyster [Crassostrea gigas] ground culture, burrowing mud shrimp [Upogebia pugettensis], burrowing ghost shrimp [Neotrypaea californiensis], shell, sand, mud, and subtidal) on a variety of benthic macrofaunal community state variables in Grays Harbor, Washington, USA and compared them to those in Willapa Bay, Washington, USA. There were nominal differences in benthic macrofaunal Bray-Curtis similarity between all the habitats investigated except eelgrass and oyster in both estuaries. Across-habitat patterns on mean benthic macrofaunal species richness, abundance, biomass, abundance of deposit, suspension and facultative feeders, a dominance and a diversity index for the five habitats common to both studies were the same on a rank measurement scale: eelgrass ≈ oyster > mud shrimp > ghost shrimp ≈ subtidal. The patterns for most of the habitats and benthic macrofaunal measures were the same on a ratio measurement scale.     

Restructuring the Chinese seafood industry,global challenges and policy implications

This article discusses how the Chinese seafood industry will affect the rest of the world's fishing industries. The analysis is based on theories of economic comparative advantage, the international division of labour and the internationalization process related to trade activities. Given the increasing domestic demand for fish in China, the limited availability of domestic fish stocks and less success for farmed marine fish in China are considered some of the most important factors in restricting the growth in Chinese seafood production. The necessity of raw fish imports into China may increase pressure on global fish stocks and international fish prices, resulting in tighter supplies worldwide and higher seafood prices for the Chinese. Sustainable fish harvests and trade require stronger fishery management, in particular in the relations between seafood companies and governments along the entire international value chain supplying China. Such structural changes may allow new value-added possibilities for fish farming and the upgrading of certain fish species for human consumption that were previously utilized purely for fish feed.     

Law of the sea and ASW: National security versus arms control

The law of the sea has always been open to the charge of being a ‘covenant without a sword’ and its effectiveness when challenged by the perceived national security of a superpower is questionable. Attempts to limit and control antisubmarine warfare (ASW) have demonstrated that neither superpower is prepared to risk its second-strike capability for what may be an illusory legal protection. This article reviews developments relevant to ASW in the law of the sea and describes the significance of ASW to the superpowers' strategic objectives. The authors conclude by stressing the urgent need for effective arms control.     

Amphipod prey of gray whales in the northern Bering Sea: Comparison of biomass and distribution between the 1980s and 2002–2003

The ampeliscid amphipod community in the Chirikov Basin of the northern Bering Sea was a focus of study during the 1980s because they were a major food for the Eastern North Pacific (ENP) population of gray whales Eschrichtius robustus. Information from the 1980s benthic investigations, published accounts of ENP gray whale population trends and the occurrence in 1999–2000 of an unusual number of gray whale mortalities prompted concern that the whale population may have exceeded the carrying capacity of its food base. Therefore, during two cruises per year between June and September, 2002 and 2003, we resampled the 20 stations occupied during the 1980s, to determine if there had been any significant changes in ampeliscid abundance and biomass. During 2002–2003, average ampeliscid dry weight biomass was about 28±10 g m⁻² (95% confidence interval), a decline of nearly 50% from maximum values in the 1980s. Amphipod length measurements indicated that the declines were due mainly to the absence of the larger animals (20–30 mm length). Two hypotheses were considered regarding the amphipod declines: gray whale predation and climate. Ampeliscid production (105 kcal m⁻² yr⁻¹) and gray whale energy requirements (1.6×10⁸ kcal individual⁻¹ yr⁻¹) indicated that as little as 3–6% of the current estimate of the ENP gray whale population could remove 10–20% of the annual ampeliscid production from the study site in 2002–2003, a finding consistent with the hypothesis that top-down control by foraging whales was the primary cause of the observed declines. A 10-yr time series of temperature near the bottom in the Bering Strait and northward transport did not reveal a consistent trend between 1990 and 2001, suggesting that climate influences were not the major cause of the observed declines. Arctic ampeliscids have slow growth rates and long generation times; therefore the ampeliscid community may require decades to recover to densities observed in the 1980s. Predicted warming trends in the northern Bering Sea could impact ampeliscid recovery by lowering primary production or altering the community composition of the benthos.     

Fishery provisions of the ICNT: Part 2

In the second of two articles analysing the fishery provisions of the ICNT/Rev 2, the author concentrates on unresolved legal problems of the world's marine fisheries. Difficulties associated with MSY and OSY, TAC, surplus, coastal state control over the EEZ, high-seas fishing, anadromous species, land-locked and geographically disadvantaged states, and sedentary species are discussed, and an assessment is made of the ICNT's attempt to ensure a more equitable distribution of world fishery resources.