Digital Commons Network^™

“Nationals” At Forty: From An Undefined Unclos Term To Due Diligence Obligations On The State Of Nationality To Combat Iuu Fishing, Arron N. Honniball, Valentin J. Schatz

International Law Studies

Illegal, unreported and unregulated (IUU) fishing represents a global common concern, incorporating large-scale and highly mobile environmental, economic, and sometimes criminal, concerns. IUU fishing can result in dysfunctional fisheries governance, including through the non-application of relevant conservation and management measures. Non-application results, in part, from both incomplete implementation and insufficient enforcement by flag, coastal, port, and market States, and the States of nationality. This article focuses on the State of nationality that may exercise territorial and extraterritorial prescriptive jurisdiction on the basis of the active personality principle of jurisdiction. Firstly, global instruments have long held the State of nationality as …

You Don’T Need Lungs To Suffer: Fish Suffering In The Age Of Climate Change With A Call For Regulatory Reform, David N. Cassuto, Amy O'Brien

Elisabeth Haub School of Law Faculty Publications

Fish are sentient — they feel pain and suffer. Yet, while we see increasing interest in protecting birds and mammals in industries such as farming and research (albeit few laws), no such attention has been paid to the suffering of fish in the fishing industry. Consideration of fish welfare including reducing needless suffering should be a component of fisheries management. This article focuses on fisheries management practices, the effects of anthropogenic climate change on fisheries management practices, and the moral implications of fish sentience on the development and amendment of global fishing practices. Part I examines domestic and international fisheries, …

Human Rights Violations Consequent To Transshipment Practices In Fisheries, Chelsey F. Marto

Ocean and Coastal Law Journal

Transshipment, the process of transferring catch from a small fishing vessel onto a larger fishing vessel far off shore, has been used to commit a variety of human rights abuses on the sea. Companies can get away with this because there is little to no oversight over the activities. Yet, there has been little to no incentive to change these practices, because companies are generally not penalized for these actions. The author proposes a variety of tactics be implemented in addressing these concerns. These include imposition of sanctions upon countries who allow for nefarious activities, increased video surveillance on board …

Legal Status Of Foreign-Flag Vessels When Their Fish-Transportation Vessel Licenses Have Been Revoked By The Ministry Of Marine Affairs And Fisheries, Velentina Napitupulu

Indonesian Journal of International Law

In combating Illegal, unregulated and unreported fishing, the Minister of Maritime Affairs and Fisheries has several times issued the ministerial decisions to revoke SIKPI (Surat Izin Kapal Pengangkut Ikan)/fish-transportation vessel license. In practice, some Indonesian fishery companies charter foreign-flag vessels to be used as fish-transportation vessel. In such cases, how is the legal status of the foreign-flag vessels when their SIKPI licenses have been revoked by the Ministry of Marine Affairs and Fisheries? In many cases, after revoking the SIKPI, the Minister of Marine Affairs and Fisheries “arrests” the vessels. Could the Indonesian Government "arrest" the vessels? What are the …

Protecting Marine Biodiversity In Latin America Through Area-Based Fisheries Regulation, Xiao Recio-Blanco

Xiao Recio-Blanco

Governments all around the world have addressed the challenge of marine resources management enacting laws and enforcing public policies. To date, most of these initiatives have failed. In Latin America, sophisticated environmental protection statutes are already in place. Unfortunately, these statutes are largely overlooked by sea users and government officials. Lack of compliance has become the most significant hurdle to the sustainable use of Latin America’s marine resources.

Recently, governments and Non-Governmental Organizations in Latin America have showed increased interest in Marine Spatial Planning (MSP). MSP is a process that analyzes the spatial distribution of human activities at sea. The …

Free Trade Agreements And The Lacey Act: A Carrot And Stick Approach To Prevent And Deter Trade In Iuu Fisheries, Ginna Arevalo

Florida A & M University Law Review

The U.S. is the world’s largest importer of seafood, importing virtually every fish sold in the U.S. market. Trade statistics do not break down the percentage of imported wild harvested fish, but a recent study estimated that twenty to thirty-two percent are caught illegally. Trade in illegal, unreported, and unregulated (IUU) fisheries undermines efforts to conserve fish stocks, generates global annual losses of up to twenty-three billion dollars, and weakens economic opportunity for U.S. fishermen. Part I of this paper explains the role of different actors in the trade of duty-free IUU fish and how IUU catches may enter the …

Fisheries Governance And How It Fits Within The Broader Arctic Governance, Adam Soliman

Seattle University Law Review

Climate change is causing the Arctic ice to melt and fish stocks to change their migration patterns. These changes are increasing access to Arctic fisheries, as well as moving other fish stocks to the north. To prevent the depletion of fish stocks and to protect the Arctic environment, proper fisheries governance requires collaboration between nation-states and specific populations. Fisheries present unique governance and management issues. Unlike other natural resources, fish stocks do not stay in the same place. The non-stationary nature of fish stocks, along with shared sovereignty over the oceans, make coordination between stakeholders the most difficult as well …

Fishing Moratoria And Securing Turfs: Creating Opportunities For Future Marine Resource Abundance In The Face Of Scarcity In Western Africa, Anastasia Telesetsky

Georgia Journal of International & Comparative Law

No abstract provided.

Addressing Corruption In Pacific Islands Fisheries: A Report/Prepared For Iucn Profish Law Enforcement, Corruption And Fisheries Project, Ben M. Tsamenyi, Quentin A. Hanich

Quentin Hanich

No abstract provided.

Safeguarding The Stocks: A Report On Analytical Projects To Support The Development Of A Regional Mcs Strategy For Pacific Oceanic Fisheries, Duncan Soutar, Quentin A. Hanich, Mark Korsten, Tim Jones, Jack Mccaffrie

Quentin Hanich

This report sets out the results of five analytical projects undertaken to support the development of a Regional MCS Strategy for Pacific oceanic fish stocks. The overarching purpose of the Strategy is to support a management regime and associated measures that will ensure the long term sustainability of oceanic fish stocks and associated economic benefits flowing from them to Pacific Island Countries. Extensive consultation was undertaken in support of the projects including visits by the project team to 16 of the 17 FFA member nations, direct consultation with staff from key regional institutions (e.g. WCPFC, SPC, USP), as well as …

Navigating Pacific Fisheries: Legal And Policy Trends In The Implementation Of International Fisheries Instruments In The Western And Central Pacific Region, Quentin Hanich, Ben M. Tsamenyi

Quentin Hanich

Navigating Pacific Fisheries analyses the legal and policy context for the conservation, management and exploitation of tuna fisheries in the Western and Central Pacific region.

Regional Fisheries Management In Ocean Areas Surrounding Pacific Islands States, Quentin Hanich

Quentin Hanich

No abstract provided.

Compliance Review: A Study Undertaken To Support The Development Of A Regional Mcs Strategy For Pacific Oceanic Fisheries, Quentin A. Hanich, Colin Brown, Ben M. Tsamenyi, Marcel Kroese, Duncan Soutar, Christian Mcdonald

Quentin Hanich

The achievement of FFA members’ regional goals for their tuna fisheries depends heavily upon the effective implementation by national governments of a comprehensive range of MCS measures. In support of this, FFA members have established various regional MCS measures that provide a framework to enable effective management and control of the region’s tuna fisheries. However, problematic implementation at the national level continues to undermine the ability of FFA members and the secretariat to fully implement these initiatives and effectively monitor and control the region’s tuna fisheries, thereby threatening their returns. While some FFA members have developed strong MCS systems with …

Regional Governance For Fisheries And Biodiversity, Robin Warner, Kristina Gjerde, David Freestone

Faculty of Law, Humanities and the Arts - Papers (Archive)

Strong and coherent regional governance is critical for tackling the increasing number and variety of threats to fisheries and biodiversity within and beyond national jurisdiction including overfishing, destructive fishing practices, marine pollution and climate change impacts. This chapter examines the existing legal and institutional framework for fisheries and biodiversity governance at the regional level including key regional organizations such as regional fisheries management organizations, regional seas organizations and non-binding regional initiatives. As well as highlighting the fragmentary nature of regional oceans governance, this analysis discloses the wide variety of approaches to and differing rates of progress in harmonizing fisheries and …

Fairer Fishing? The Impact On Developing Countries Of The European Community Regulation On Illegal, Unreported And Unregulated Fisheries, Ben Tsamenyi, Kwame Mfodwo, Ben Milligan, Mary Ann Palma

Professor Ben M Tsamenyi

This Economic Paper considers the likely effects on African, Caribbean and Pacific countries of the European Union's Directive on Illegal, Unreported and Unregulated (IUU) Fishing, planned to be implemented form 2010.

The European Council Regulation On Illegal, Unreported And Unregulated Fishing: An International Fisheries Law Perspective, Martin Tsamenyi, Mary Ann Palma, Ben Milligan, Kwame Mfodwo

Professor Ben M Tsamenyi

On 29 September 2008, the Council of the European Union (EU) adopted Council Regulation (EC) No. 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fi shing. Essentially, the EU IUU Regulation establishes a framework in which access to EU markets for fi sheries products is partly conditioned by the extent to which a country, area or region of origin is demonstrably or increasingly free of IUU fi shing. Aside from the amendments to US legislation in 2007, the EU IUU Regulation is the only other domestic legislative measure adopted solely to combat IUU …

Addressing Corruption In Pacific Islands Fisheries: A Report/Prepared For Iucn Profish Law Enforcement, Corruption And Fisheries Project, Ben M. Tsamenyi, Quentin A. Hanich

Professor Ben M Tsamenyi

No abstract provided.

Compliance Review: A Study Undertaken To Support The Development Of A Regional Mcs Strategy For Pacific Oceanic Fisheries, Quentin A. Hanich, Colin Brown, Ben M. Tsamenyi, Marcel Kroese, Duncan Soutar, Christian Mcdonald

Professor Ben M Tsamenyi

The achievement of FFA members’ regional goals for their tuna fisheries depends heavily upon the effective implementation by national governments of a comprehensive range of MCS measures. In support of this, FFA members have established various regional MCS measures that provide a framework to enable effective management and control of the region’s tuna fisheries. However, problematic implementation at the national level continues to undermine the ability of FFA members and the secretariat to fully implement these initiatives and effectively monitor and control the region’s tuna fisheries, thereby threatening their returns. While some FFA members have developed strong MCS systems with …

Sovereignty And Cooperation In Regional Pacific Tuna Fisheries Management: Politics, Economics, Conservation And The Vessel Day Scheme, Quentin A. Hanich, Hannah Parris, Ben M. Tsamenyi

Professor Ben M Tsamenyi

No abstract provided.

Promoting Sustainable Fisheries: The International Legal And Policy Framwork To Combat Illegal, Unreported And Unregulated Fishing, William Edeson, Ben Tsamenyi, Mary Ann Palma

Professor Ben M Tsamenyi

No abstract provided.

Navigating Pacific Fisheries: Legal And Policy Trends In The Implementation Of International Fisheries Instruments In The Western And Central Pacific Region, Quentin Hanich, Ben M. Tsamenyi

Professor Ben M Tsamenyi

Navigating Pacific Fisheries analyses the legal and policy context for the conservation, management and exploitation of tuna fisheries in the Western and Central Pacific region.

The International Legal Regime For Fisheries Management, Ben M. Tsamenyi, Shilpa Rajkumar, Lara Manarangi-Trott

Professor Ben M Tsamenyi

No abstract provided.

Gaming The System: Bio-Economics, Game Theory, & Fisheries Management, Richard A. Grisel

Richard A Grisel

This paper argues that game theory provides powerful, effective new tools to analyze externalities that occur in the context of strategic, multi-party, interactive decision-making. I will attempt to treat this as a non-technical paper and avoid the complex mathematics better left to economists and mathematicians. Instead, a more achievable goal is to illustrate how high-seas open-access fishing is virtually identical to a game situation, treat the fundamentals of game theory, and demonstrate that game theoretic analyses are well-suited and fruitful for designing effective policy responses to fisheries management, particularly with respect to the straddling stocks problem. Indeed, one seminal fisheries …

Save Our Sharks: Using International Fisheries Law Within Regional Fisheries Management Organizations To Improve Shark Conservation, Stijn Van Osch

Michigan Journal of International Law

Like many fish, sharks are facing unprecedented overfishing. They have been targeted both directly for their fins and caught accidentally (bycaught) in, for instance, tuna fisheries. This has led to collapsing stocks around the world. Overfishing has led to what has been termed a mass extinction among ocean species, and sharks are no exception-they are in fact especially vulnerable. As a result, many species of sharks are now listed on the Red List of the International Union for Conservation of Nature (IUCN). This problem can only be tackled through coordinated, cooperative action by all states. This Note explores one avenue …

Developments In Australian Fisheries Law: Setting The Law Of The Sea Convention Adrift?, Warwick Gullett

Warwick Gullett

Significant developments have recently occurred in the ongoing campaign by the Australian Government to combat illegal foreign fishing in Australian waters, particularly against Patagonian toothfish poaching. On 22 March 2004 significant amendments to Australia’s fisheries laws were passed by the Commonwealth Parliament to improve regulatory efficiency and combat illegal foreign fishing in the Australian Fishing Zone (AFZ). In addition, on 12 March 2004 the Federal Court of Australia delivered a landmark decision in Olbers v Commonwealth of Australia (No 4) [2004] FCA 229 concerning the automatic forfeiture of foreign vessels to the Commonwealth of Australia at the time when a …

Prompt Release Procedures And The Challenge For Fisheries Law Enforcement: The Judgement Of The International Tribunal For The Law Of The Sea In The 'Volga' Case (Russian Federation V Australia), Warwick Gullett

Warwick Gullett

On 23 December 2002, the International Tribunal for the Law of the Sea ('ITLOS') ordered the prompt release of the Russian 1ongline fishing vessel Volga, at the time detained by Australian authorities in Fremantle, upon the posting of a bond or other security of A$l 920 000. The Volga was arrested for allegedly fishing without authorisation by a boarding party from the Royal Australian Navy frigate HMAS Canberra in the Australian Exclusive Economic Zone ('EEZ') surrounding Heard and McDonald Islands in the Southern Ocean on 7 Februarv 2002. At issue in the ITLOS proceedings was not whether the activities of …

The Law On Highly Migratory Fish Stocks: Itlos Jurisprudence In Context, Marcos A. Orellana

Golden Gate University Law Review

This paper discusses some of the relevant principles and substantive obligations that require elucidation in controversies over highly migratory fisheries, with a particular focus on some of the legal issues relevant in the Swordfish case before the ITLOS: The discussion first focuses on the law on high seas fisheries and particularly on the obligations to enact and enforce conservation measures, to produce and share information, and to co-operate in conservation. Subsequently, a focus on international environmental law allows further clarification on the relevance of the principle of common but differentiated responsibilities, the ecosystem approach to the conservation of marine biodiversity, …

Regional Fisheries Management In Ocean Areas Surrounding Pacific Islands States, Quentin Hanich

Faculty of Law - Papers (Archive)

No abstract provided.

The European Council Regulation On Illegal, Unreported And Unregulated Fishing: An International Fisheries Law Perspective, Martin Tsamenyi, Mary Ann Palma, Ben Milligan, Kwame Mfodwo

Faculty of Law - Papers (Archive)

On 29 September 2008, the Council of the European Union (EU) adopted Council Regulation (EC) No. 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fi shing. Essentially, the EU IUU Regulation establishes a framework in which access to EU markets for fi sheries products is partly conditioned by the extent to which a country, area or region of origin is demonstrably or increasingly free of IUU fi shing. Aside from the amendments to US legislation in 2007, the EU IUU Regulation is the only other domestic legislative measure adopted solely to combat IUU …

Sovereignty And Cooperation In Regional Pacific Tuna Fisheries Management: Politics, Economics, Conservation And The Vessel Day Scheme, Quentin A. Hanich, Hannah Parris, Ben M. Tsamenyi

Faculty of Law - Papers (Archive)

No abstract provided.