Fragmentation in high seas fisheries: Preliminary reflections on a global oceans governance approach

Notwithstanding the wide range of actions taken to strengthen the legal regime of international fisheries, overexploitation and the risk of depletion of stocks have been strong concerns for decades. Indeed, the regime of international fisheries law is currently not rooted in sustainability, and it does not adequately take into consideration the impact of fishing activities on the wider marine environment. One of the main causes lies in fragmentation of international fisheries law: a lack of coordination between instruments and institutions, and gaps in effective coherent structures for fisheries management. Areas beyond national jurisdiction (ABNJ), including the high seas, are particularly prone to this lack of coordination and integration.One alternative to reach a durable management of high seas fisheries might be found in a ‘global oceans governance approach’. This paper explores how this approach could impact the fragmented regime of fisheries. It suggests that governance-based perspectives underline concepts rooted in adaptability and interactions, concepts that suggest to approach international fisheries law not as a static set of rules but as an evolutive process. Reflecting on an overarching goal of coordination and possible management challenges in ABNJ provides an interesting starting point to develop a comprehensive understanding of the impacts of oceans governance on the fragmented legal regime of high seas fisheries. We now need to see how to give effect to governance, a task that remains, at this point, a work in progress.     

Fisheries compliance in South Africa: A decade of challenges and reform 1994–2004

In South Africa, fishery managers have struggled with a number of challenges in terms of compliance amidst a process of legal and policy reform since the democratic elections of 1994. The past 10 years, and more specifically the past five, have seen a significant change in compliance effort, with a particular focus on increasing law enforcement activities and capacity. This paper highlights two case studies that have been instrumental in restructuring fisheries compliance in South Africa. Although law enforcement has been significantly strengthened, greater political will and government commitment is required to implement alternative strategies that will have a long-term impact on levels of compliance.     

Human dignity: A fundamental guiding value for a human rights approach to fisheries?

Recently, a human rights approach has been center-staged within fisheries governance as a response to the limits of private property rights in reducing insecurity and vulnerability among fishers and fishing communities. Despite its growing adoption in international legal frameworks and among civil society organizations, the conceptual pitfalls of the human rights approach to fisheries (i.e., its neoliberal tendencies and the neglect of collective rights and social duties) raised by critical scholarship remain largely unsettled, leading to practical concerns about whether such a framework will ultimately benefit fishers on the ground. To further contribute to the debate, this article presents a nuanced discussion of the human rights perspective by introducing the concept of human dignity. Specifically, it argues that human dignity, with its greater conceptual scope and depth, could act as a foundational value with which to mitigate some of the shortcomings of the human rights approach. The purpose here is suggestive rather than definitive and is aimed at highlighting the link that has not been clearly made between human rights and human dignity. I argue that heightened attention to human dignity has the potential to create wider support for the human rights approach and ultimately help facilitate its efficacy in fisheries.     

Frozen fish block: how commited are North Atlantic States to accountability,conservation and management of fisheries?

The North Atlantic Ocean has numerous global, regional, and sub-regional instruments for fisheries management. Research for this paper has examined North Atlantic State levels of compliance with these instruments. The study reveals there to be moderate levels of overall compliance, and a latitudinal gradient of compliance with Northern States scoring higher than those in the south. Of particular significance for other global regions, and the future development of international fisheries law, are the findings that: few regional fishery bodies have a systematic program in place to monitor and assess compliance; and despite overall moderate levels of compliance with the conservation and management regimes, most fishery stocks are either overexploited or at risk or collapse.     

Small-scale fisheries and food security strategies in countries in the Benguela Current Large Marine Ecosystem (BCLME) region: Angola,Namibia and South Africa

This paper provides an overview of the small-scale fisheries sector in countries within the Benguela Current Large Marine Ecosystem (BCLME), one of the most productive large marine ecosystems in the world. The study revealed that Angola, Namibia and South Africa have very different legal and policy frameworks, show different levels of compliance with international and regional agreements to protect the livelihoods and food security of small-scale fishers, as well as of integration of fisheries into food security objectives. Angolan law recognises and protects small-scale fishers through legal and institutional mechanisms. In Namibia, this sector of fishers is not legally recognised, while in South Africa traditional fishers have been largely excluded from the new fisheries management framework. Trends in national and regional fish consumption and in the extent of export orientation in fisheries are explored, as well as the potential threats to small-scale producers and food security in the region posed by ongoing drives to incorporate fisheries in the World Trade Organisation (WTO) agreements.     

Category, narrative, and value in the governance of small-scale fisheries

Since the 1970s, small-scale fisheries have had an important place in fisheries social science and in fisheries management. While there has been substantial discussion of what constitutes the category of small-scale fisheries, its considerable ambiguity is nevertheless often passed over. This paper argues that while the category of scale fisheries can be best understood in terms of scale, the underlying reason for the power of the category lies in the values of social justice and ecological sustainability that it has come to represent in response to dominant high modern narratives of change. Fisheries governance may better be served by prioritising these values rather than by making a fetish out of small-scale fisheries.     

Governing fisheries as complex adaptive systems

Fisheries are complex human-in-nature systems. The conventional approach to fisheries systems has been to treat them as predictable and controllable. As complex systems they are neither of the two and have to be approached differently. Complex systems often exhibit the capacity to self-organize or adapt, even without outside influence. If this is true of fisheries, it should lead to a radically different approach to management of fisheries systems that places much emphasis on enabling self-organization, learning and adaptation. Conceptual and practical frameworks for enabling activities are needed.     

The Precautionary approach to fisheries management: How this is taken into account by Tuna regional fisheries management organisations (RFMOs)

For several decades it has been acknowledged that there is an urgent need for new approaches to fisheries management, embracing conservation and environmental considerations. The voluntary Code of Conduct on Responsible Fishing and the United Nations Fish Stocks Agreement provide the formal basis for the Precautionary Approach to fisheries management. Some tuna Regional Fisheries Management Organisations such as the WCPFC and IATTC make explicit mention of these codes in their conventions, whilst others, whose conventions do not explicitly address the Precautionary Approach, are searching for ways in which to take these codes into consideration. In practical terms, the scientific obligations to Precautionary Approaches are to determine the status of the stock(s) relative to limit and target reference points, to predict outcomes of management alternatives for reaching the targets and avoiding the limits, and to characterise the uncertainty in both cases. A convenient framework to conduct management evaluations is through the use of harvest control rules, for which managers agree on specific management actions under their control which are evoked according to levels of stock status relative to predefined reference points. These pre-agreed management actions are then simulated for a range of scenarios. This paper presents the ways in which tuna RFMOs are currently incorporating the precautionary approach in their fisheries management as well as suggestions for possible best practice.     

Dialectics of nature: The emergence of policy on the management of commercial fisheries in english European Marine Sites

European Marine Sites (EMS), designated under either the Habitats or Birds Directives, protect the biodiversity of the European Union (EU) and contribute to the implementation of the 1992 UN Convention on Biological Diversity [1]. The introduction of this form of marine protected area (MPA), as a consequence of EU conservation directives, introduced new legal obligations in waters long exploited by inshore fishing communities. Although the Habitats and Birds Directive have been in place since 1992 and 1979 respectively (the 1979 Directive updated in 2009), it has not been until more recently (2014) that ongoing inshore fisheries activities in England, which predate designation of sites, have been systematically assessed and managed, for their impact in protected sites. In practice it was assumed by many MPA practitioners that at the time of designation of EMS, ongoing activities would be compatible with the conservation objectives of these sites. This paper illustrates the introduction of a general and systematic “revised approach” to managing fisheries in all English EMSs, and how this represented a change in government policy which can be traced directly to a legal campaign between 2008 and 2012 by two UK environmental Non-Governmental Organisations (eNGOs). The paper elucidates this iterative marine policy process analysing the dialogue between government bodies and eNGOs and show how the resulting interpretation of conservation law, has sought to resolve the tensions between the precautionary approach as emphasised by the eNGOs and the Government's desire for proportionality of response.     

Venue shifts and policy change in EU fisheries policy

Over the past two decades profound changes have taken place in the European Union's (EU) fisheries policy. Partly these changes have occurred within the EU's Common Fisheries Policy itself, but partly policy change has been effected by the application of environmental legislation and policy instruments to fisheries issues. This article argues that the process of policy change in EU fisheries policy can best be understood in terms of the interaction of policy images and policy venues that is at the core of the punctuated equilibrium theory of policy-making. As a result of the rise of a biodiversity perspective on fisheries issues, environmental policy-makers have become active in fisheries issues, which has led to profound changes in both the content of fisheries policies and the institutional organisation around this issue area.     

Remote electronic monitoring and the landing obligation – some insights into fishers’ and fishery inspectors’ opinions

The European fisheries management is currently undergoing a fundamental change in the handling of catches of commercial fisheries with the implementation of the 2013 Common Fisheries Policy. One of the main objectives of the policy is to end the practice of discarding in the EU by 2019. However, for such changes to be successful, it is vital to ensure stakeholders acceptance, and it is prudent to consider possible means to verify compliance with the new regulation. Remote Electronic Monitoring (REM) with Closed-Circuit Television (CCTV) has been tested in a variety of fisheries worldwide for different purposes and is currently considered as one possible tool to ensure compliance with a European ban on discards.This study focuses on Danish fishery inspectors and on fishers with REM experience, whose opinions are less well known. Their views on the landing obligation and on the use of REM were investigated using interviews and questionnaires, and contrasted to some fishers without REM experience. 80% of fishery inspectors and 58% of REM-experienced fishers expressed positive views on REM. 9 out of 10 interviewed fishers without REM experience were against REM. Participation in a REM trial has not led to antipathy towards REM. Fishery inspectors saw on-board observers, at-sea control and REM as the three best solutions to control the landing obligation but shared the general belief that the landing obligation cannot be enforced properly and will be difficult for fishers to comply with. The strengths and weaknesses of REM in this context are discussed.     

Corruption and regulatory compliance: Experimental findings from South African small-scale fisheries

Although corruption is often mentioned as an obstacle to fisheries management, its negative effects have seldom been investigated empirically in a systematic manner. This article examines the impact of corruption on regulatory compliance among South African small-scale fishermen. Results from scenario experiments with 181 participants confirm that perceived corruptibility of the enforcing authority corrodes the willingness to comply with regulations. Both grand and petty types of corruption have significant effects. Attitudes related to moral support of the regulations, perceived inclusion in the decision making leading to regulations and an individual record of law breaking all affect the willingness to comply. However, these effects are trumped by the relative size of the negative impact of corruption. These findings underline the importance of curbing corruption involving public officials in the small-scale fisheries sector.     

Participation and fisheries management in Costa Rica: From theory to practice

Participatory fisheries management has been increasingly proposed as a useful management approach to address fisheries problems. However, the criteria regarding its applicability and measures of success still seem unclear. This study reviews the main concepts and theory behind two participatory resource-management approaches and compares them to the reality of fisheries management in Costa Rica. The analysis shows that while the implementation of a participatory approach in fisheries management should be encouraged, it is essential to keep in mind the possible limitations these approaches have. Furthermore, it seems important to improve institutional coordination and develop social, legal and economic policies that will allow the state, together with coastal communities, to contribute in an effective way to fisheries management.     

The evolution of the “harvest machinery”: why capture capacity has continued to expand in Norwegian fisheries

Controlling the expansion of capture capacity has been a major challenge for the fisheries management systems around the North Atlantic. Despite focused attempts to reduce this capacity in recent years in different jurisdictions, it has continued to expand. This chapter uses a case study of changes in Norwegian fisheries to help explain why this has happened. The article supports the replacement of the rational actor approach that is currently hegemonic within fisheries management by a relational approach to the analysis of capture capacity expansion. A relational approach offers new insights into the ways political, economic, and technological forces continue to fuel capacity expansion within fishing. By use of this approach the article describes how the harvest machinery comes into existence.     

A history of breaking laws—Social dynamics of non-compliance in Vietnamese marine fisheries

Whether or not fishers comply with regulation depends on the economic and social context in which they operate their vessels. This is how conventional theory explains the phenomenon of non-compliance. It treats state–community interaction processes not as direct causes for non-compliance but rather as background conditions shaping individual fishers’ perception and decisions for action. This paper argues that conventional theory fails to include the dynamics of tempo-relational processes between state and communities, which explains collective patterns of non-compliance in fisheries. The paper addresses this hiatus in the literature, using a process-sociological approach to analyse non-compliance in Vietnamese marine fisheries. The analysis highlights that Vietnamese marine fisheries are mainly regulated through informal networks of trust and mistrust, which function through their interplay with the highly centralised and formalised Vietnamese state. Based on this assessment, the paper concludes that outcomes of processes of the dynamic social interplay between state and communities are semi-dependent on individual perception and action, and as such have a causal effect of their own on patterns of non-compliance in fisheries.     

Punishment and compliance: Exploring scenarios to improve the legitimacy of small-scale fisheries management rules on the Brazilian coast

This study investigated the effects of legal and societal punishment on fishermen's compliance behaviour, according to fishermen's age and level of dependency on fisheries, through the use of interviews and scenarios. Ninety-five fishermen living in a coastal park (Ponta do Tubarão Sustainable Development Reserve) in the Brazilian northeast, where controlled exploitation of natural resources is allowed, took part in this study. The results showed that age alone would not affect compliance, regardless of the level of enforcement. However, it was noticed that the fishermen who claimed to depend on the money provided by fisheries, regardless of their age, were more likely to say that they would not comply, even if enforcement were stricter. The scenario analysis showed that increased monitoring and punishment (including societal pressure) could enhance compliance, especially among younger fishermen, who claimed not to depend solely on fisheries. Therefore, fisheries management should also consider differences in social groups, and not focus solely on the enforcement and punishment mechanisms, assuring that livelihood options that consider different social needs are provided.     

Changes in fisheries management in Mexico: Effects of increasing scientific input and public participation

In this article, we analyze a change in the role of federal institutions in charge of managing Mexican fisheries during the mid-1990s. During 30 years, the fishery policy in Mexico began by promoting an accelerated fishing effort. This worked through 1981, when the country recorded its highest landings (1.6 million metric tons), but landings have not increased subsequently whereas the number of fishermen has continued to increase. In 1995, the federal administration acknowledged the problems: biological over-exploitation; over-capitalization; monopoly in commercialization; failures in loan payments; failures in controlling effort; obsolete vessels and equipment; and social conflicts for the resources. In an attempt to resolve some of these problems, the administration implemented structural changes in management, science and enforcement institutions. This arrangement established goals and introduced instruments in fisheries management: it determined the biological status of most of the fisheries; applied the precautionary approach for those fully exploited or over-exploited fisheries; gave scientific advice an important role in decision making; and involved the users in decision making. This article evaluates these changes in management policy by document review, participation and interviewing management and scientists who participated in this process. We analyze, in particular, the use of science-based categorization of fisheries status, and the introduction of public participation. The interview data demonstrate that sustainable Mexican fisheries require an evolution to a more public participatory policy, in order to strengthen local institutions and fishermen over federal institutions, which should lead to a re-definition of regulation of fisheries resources.     

Moving beyond a top-down fisheries management approach in the northwestern Mediterranean: Some lessons from the Philippines

The management of fisheries resources in the northwestern Mediterranean is traditionally centralized and developed within the framework of coastal states and European Union common policies. In general, it has not been sufficiently effective in reversing the declining situation of fisheries resources and fishers in this region. This paper discusses the feasibility of moving away from a top-down approach in fisheries management towards a more participative and convergent mode of governance in the region. More specifically, the study focuses on MPAs as a fisheries management tool and evaluates their current establishment and management system in the French Mediterranean as a case study for the region. A brief review of the experiences on fisheries and MPA management in the Philippines is also presented to obtain insights on bottom-up and collaborative management approaches. Finally, possible opportunities for adopting a more decentralized and coordinated approach in fisheries management within the French socio-political system, and possibly in the northwestern Mediterranean region, are discussed. These include the existence of fishing community organizations in the region, such as the prud'homies in France and cofradias in Spain, starting with management strategies that are simpler to enforce and more acceptable to direct users, e.g., fishery reserves, and exploring co-management arrangements to manage fisheries at ecologically meaningful but operationally manageable scales as has been proposed by some development organizations. However, effective changes in the system would require major national policy and institutional reforms, social preparation and organizational strengthening which would take time and resources.     

Transboundary research in fisheries

Spatial boundaries have become an indispensable part of regimes and tools for regulating fisheries, with examples including marine protected areas, regional fisheries management organizations and Exclusive Economic Zones. Yet, it is also widely acknowledged that boundaries are a social construct, which may be resisted by both fishers and fish ecology. The ensuing spatial and institutional mismatches have been shown to frustrate management efforts, exacerbating issues of non-compliance and ultimately leading to conflicts and overfishing. Interestingly, the often static and rigid nature of these boundaries has also led to a concomitant research interest in ‘transboundary’. This paradoxical situation of more boundary-setting entailing more transboundary thinking warrants a deeper understanding about boundaries and the role of transboundary research in fisheries. The aims of this review article are twofold: (1) a theoretical clarification on the meanings and uses of spatial boundaries drawing on geographical “boundary studies” literature; and (2) a construction of a typology that outlines how transboundary research is being articulated and envisioned. Together, the study reveals that transboundary scholarship in fisheries are mostly related to resources, fleets, trade and governance aspects and that dealing with the “boundary paradox” encompasses re-incorporating, re-scaling and re-imagining of boundaries. This article provides a conceptual basis for reflecting upon boundaries in world's fisheries and opens up discussions for a more nuanced boundary application that can better cope with multi-level interactions and dynamicity.     

The role of local taboos in the management of marine fisheries resources in Tanzania

Contemporary government rules for fisheries resources management in developing countries have been challenged for their inadequacy. The search for modern management models for coastal and marine resources could be usefully informed by wealth of traditional knowledge that enabled communities to sustainably live with their environment for centuries or millennia. Local taboos, defined as implicit or explicit social rules prohibiting certain actions, have played an important part in many traditional approaches to resource use. A mixed methods approach was used to investigate how local taboos play a role in the management of fisheries resources in some rural and urban coastal communities of Tanzania. Focus group discussions, key informant interviews, participant observations and questionnaire surveys were used to gather primary data. Data were analyzed both qualitatively and quantitatively. The study identified a number of potential local taboos in the management of fisheries resources and their habitats in coastal Tanzania. While these taboos showed some potential for applications in modern management approaches, a majority of fishers indicated non-compliance to most of them, especially in urban areas. A number of reasons are revealed to have attributed to the non-compliance of these taboos. These findings suggest the prospect for judicious integration of traditional practices with modern strategies, to enhance compliance. More studies on traditional knowledge that has a role in fisheries resources management are recommended, as are biophysical assessments in conjunction with traditional practices to reveal their scientific benefits. Successful community-based fisheries resources management in Tanzania will draw on modern and traditional perspectives.