Managing sino-ghanaian fishery relations: A political ecology approach

A global recurring challenge for marine managers and policy makers is the effective management of fisheries conflicts. This study demonstrates the usefulness of a political ecology approach in understanding the complexity of conflict in increasingly internationalized national fisheries. By doing so it aims to provide an alternative approach to the environmental security perspectives, predicated on scarcity narratives, that often underpin policy on fishery conflicts. Using a localised example of industrial Chinese and local artisanal fishermen conflict in Ghana, this paper reveals a complex account of contesting ‘access’ to resources, in material and nonmaterial terms, that moves beyond an ‘absolute scarcity’ driven narrative. The conflict is shown to be one, in part, focussed around spatially fixed areas as well as moral claims of correct ways of fishing that reflect social tensions within the local fishing community. Both aspects show long term motivations to keep resource access, rather than being concerned with in the moment struggles over scarce resources. This work also highlights the existence of cooperation between groups of artisanal fishermen involved in transhipment with Chinese fishermen, revealing the complex nexus of winners and losers produced by environmental, social and political factors. In sum, policy must acknowledge that conflict is rarely produced purely by scarcity, and that broader social and political factors often combine in a variety of forms to produce localised conflict. If these complexities are ignored, fisheries policy runs the risk of unintentionally exacerbating conflicts and disadvantaging those who it aims to help.     

North Africa as a source for European eel following the 2010 EU CITES eel trade ban

In 2007 CITES included the Critically Endangered European eel on its Appendix II, thereby regulation international trade. In 2010 the EU member states adopted a ‘zero-quota’ policy thereby banning all commercial international trade. Given the continued high demand for eel in East Asia shifts have occurred to source European eel from non-EU eel range countries. Using official export figures from two independent databases, I here quantify to what extend Morocco, Tunisia and Algeria are fulfilling this demand. The ban had little effect on the annual export volumes in live eel from Morocco (mean of 41.3 metric ton / year), Algeria (15.5 t) or Tunisia (56.2 t) or chilled/frozen eel from Algeria (11.7 t) and Tunisia (20.0 t) but this trade from Morocco increased significantly (from 27.4 to 237.2 t). Prior to the ban the trade in eel from North Africa was almost exclusively to European countries (live 93–98%) and very little to East Asia, whereas after the ban East Asia became the main importer (live 91–93%). The monetary value of the trade totalled US$126 million and did not increase over time, but the importance of the live eel trade increase from 76% prior to the ban to 93% after. It is unclear on what basis Morocco and Tunisia were able to decide what level of trade was not detrimental to the survival of European eel in the wild, and I argue for better monitoring to ensure that international trade is not an impediment to the conservation of European eel.     

Licence Banks as a tool to mitigate corporate control of fisheries: A British Columbia groundfish example

This paper provides an example of how one group of fishermen, operating in an ITQ fishery in British Columbia, Canada, used a licence bank to attempt to mitigate the negative consequences of ITQs. After ten years in operation, the licence bank is self-sustaining and has realized modest and limited success. The authors identify a number of lessons learned from the experience, as well as highlight the opportunities that licence banks offer as an alternative mechanism to redress the negative consequences of ITQs.     

Pelagic longline fisheries in southeastern/south Brazil. Who cares about the law?

The fishing industry has been facing problems related to catch yields, predatory competition and economic collapse. Management should be based on substantial scientific studies and the state's ability to implement these. In Brazil, the surface longline fishery has been in existence since the 1950s, and remains of great economic importance. This study analyzes 179 legal instruments (1934–2014), divided into restrictive, administrative and promotional, comparing with catches landed (1996–2011). The results show that there was a complete disrespect for the regulations, wherein fleets continued landing prohibited or size limited species, such as Kajikia albida, Makaira nigricans, Alopias superciliosus, A. vulpinus, Carcharhinus longimanus, Galeorhinus galeus and Xiphias gladius. Furthermore, divergent regulatory provisions have hindered understanding/implementation of regulations by all those involved. Being a country of continental proportions and with different longline fisheries along the coast, conducting scientific studies and the development of normative approaches becomes a huge challenge. In a dynamic activity such as fishing, the constant review of these regulations will allow fisheries management to become more accurate and in accordance with the aspirations of the different interests involved. Despite the surface longline fishery having operated for 60 years in Brazil, the existence of incongruous laws makes the management and control of this activity incompatible with the conservation of species. The lack of regulations governing this fishery creates a "gap", increasing the risk of extinction of species (target and bycatch) and the future collapse of this activity.     

Striking the right balance? Applying the jurisprudence of international tribunals to coastal state innovations in international fisheries governance

While the coastal State has ‘sovereign rights’ with respect to the exploration, exploitation, conservation and management of the living resources of the exclusive economic zone, including the right to take the necessary enforcement measures, these rights are not as all-encompassing as they first appear. In practice, the geographic and substantive limitations on the coastal State's jurisdiction in the exclusive economic zone provide significant challenges to effective fisheries governance and enforcement. This paper considers the approaches that have been adopted – or could be adopted – by coastal States seeking to improve the reach and effectiveness of their jurisdiction over the living resources of the exclusive economic zone, by reference to the current state of jurisprudence from international courts and tribunals.     

The potential resource rent from Norwegian fisheries

National wealth can be estimated via the System of National Accounts (SNA). According to SNA-numbers, Norwegian fisheries contributed negatively to the national wealth in the period 1984–2016 with exception of the years 2010–2011 and 2015–2016. Because all parameter values entering the calculation of national wealth are conditional on the existing management regime, the potential value of the natural resources may be concealed. This paper finds that this is the case for the Norwegian fishery sector. Using a numerical optimization model, the paper estimates the contra factual resource rent to be 1.6 billion USD if the fishing quotas were harvested efficiently with the currently available technology. This is 1.2 billion USD more than the observed resource rent in 2011 and means that Norwegian fisheries contribute to national wealth four times more than indicated by 2011 SNA-numbers. Hence, national wealth calculations based on official statistics may trivialize the role of natural resources.     

Opportunities for improving global marine conservation through multilateral treaties

The speed and scale of human impacts on marine species, such as climate change and exploitation for international markets, coupled with a poor regulatory regime and lack of enforcement, make it especially difficult to protect marine species beyond areas of national jurisdiction. Yet as the number of multilateral treaties continues to grow, the declining state of the world's oceans suggest that these treaties are largely failing to fulfill their missions and achieve meaningful protection. Here, an analysis of all multilateral treaties governing activities related to oceans is provided. A range of issues is examined including efficacy, geographic and taxonomic distribution, and other factors that facilitate or inhibit conservation. Since 1882, 103 countries have signed 265 multilateral treaties related to the management of marine resources. The majority of treaties (51%) deal with fisheries, 30% deal with pollution, 4% marine mammals and 15% deal with other topics. In terms of factors that may predict efficacy, 65% of marine treaties have secretariats, 50% have scientific mandates, and 13% have enforcement mechanisms; only 9% have all three. Given the context of the United Nations General Assembly's new commitment to manage human activity and its impact on common resources on the high seas, it is important to understand the strengths and weaknesses – individually and cumulatively - of existing binding marine agreements.     

Ecological changes justifying termination or revision of EEZ and EFZ boundaries

Treaties, establishing boundaries to exclusive economic or exclusive fisheries zones, are generally based on environmental and economic circumstances. They delimit maritime entitlements, which are dependent upon coastal geography and they must, as a matter of law, represent equitable solutions. All perpetual treaties are based on the assumption that the circumstances leading to the conclusion of a treaty remain current as long as the treaty is enforceable. However, climate-related changes - such as sea level rise, coastal erosion, extreme weather events, ocean warming and ocean acidification - are altering the environmental circumstances that are essential to many maritime boundary agreements.An unforeseen fundamental change of circumstances can be invoked as grounds for terminating a treaty when the change relates to an essential basis of the treaty and radically transforms the obligations still to be performed. However, a fundamental change cannot justify termination of a treaty if it is caused by the party invoking it or if the treaty establishes a boundary. This rule is codified in Article 62 of the Vienna Convention on the Law of Treaties.Treaties delimiting sovereign rights to fisheries are not actual boundary treaties because the travaux préparatoires suggest that the boundary exclusion covers only boundaries delimiting territorial sovereignty. Furthermore, the reason for excluding boundary treaties - the need for permanence and stability - is less pertinent for maritime frontiers that fluctuate until settled through treaties or adjudication. Therefore, maritime boundaries can be subject to termination when their essential basis is affected by fundamental environmental changes.     

Conservation and the right to fish: International conservation NGOs and the implementation of the Voluntary Guidelines for securing Sustainable Small-Scale Fisheries

The Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradication (SSF-Guidelines) were agreed with extensive input from small-scale fishers themselves, and hold great promise for enhancing both small-scale fishers’ human rights and fisheries sustainability in a meaningful and context relevant manner. However, this promise will not be fulfilled without continued input from fishing communities as the SSF-Guidelines are implemented. This paper proposes that international conservation NGOs, with their extensive geographical and political networks, can act as a conduit for communication between small-scale fishing communities and other parties and thus catalyse implementation of the Guidelines. In order to do so, they will first need to demonstrate a genuine commitment to people-as-well-as-parks and the human rights based approach espoused in the SSF-Guidelines. This paper reviews current engagement of international conservation NGOs with human rights in fisheries; looks at their potential motivations for doing more; and identifies challenges in the way. It concludes with a proposal for how international conservation NGOs could play a critical part in catalysing the implementation of the SSF-Guidelines.     

Assessing the impacts of trawling breeding lobsters (Panulirus ornatus) on the catch of the Torres Strait lobster fishery shared between Australia and Papua New Guinea

The shared Torres Strait rock lobster (Panulirus ornatus) fishery provides important income for commercial and traditional fishers in Australia and Papua New Guinea. The lobster stock is first fished in Torres Strait by divers from both countries and then becomes vulnerable to Australian prawn trawlers, followed by Papua New Guinea trawlers during its annual breeding migration. Lobster catch sharing arrangements are governed by the Torres Strait Treaty ratified in 1985, but the sequential trawling of breeding lobsters has been controlled by bilateral agreements. A trawl ban was implemented in 1984 in both countries to conserve the breeding stock, but some trawling has been conducted in the Gulf of Papua since then and there is renewed interest in Papua New Guinea to resume trawling. To evaluate the impact of trawling migratory breeding lobsters on the lobster fishery, a model that combines a cohort depletion model with a stock recruitment relationship was developed in this study. The model showed that when the fishery is fully or over‐exploited by the dive fishery, trawling breeding lobsters would reduce both the spawning stock and the total catch of the fishery. The reduction in catch would increase with increasing fishing mortality. If trawling occurred on the Papua New Guinea side only, a redistribution of catch between Australia and Papua New Guinea would result in a small gain in catch for Papua New Guinea at the expense of the Australian dive fishery. But when fishing mortality reaches a certain level, any trawling in any country will incur catch loss to both countries. For the long‐term sustainability and maximum production of the fishery, regulations should be implemented in both countries under a co‐management scheme of a shared fish stock.