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Sustainable Fisheries In Southeast Asia, Melda Kamil Ariadno

Indonesia Law Review

Fisheries activity has increased significantly in number. As a result, we might see high investment in fisheries is due to the high demand for fish and fisheries products. Therefore, marine resources as well as other living resources are at risk in being harmed by excessive fisheries activities, for example: the use of trawl. Indonesia, as a Maritime State, need to impose sustainable fisheries because the principle of utilizing sustainable fisheries resources as adopted in the Law on Fisheries (Law No. 31 Year 2004 as amended by Law No. 45 Year 2009) to control fishery activities.Fishery activities are regulated not only …

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 …

Smooth Sailing For Australia's Automatic Forfeiture Of Foreign Fishing Vessels, Warwick Gullett

Warwick Gullett

The High Court of Australia has brought to a close one chapter of the various legal proceedings arising out of Australia’s arrest of the Russian fishing vessel Volga in 2002. The vessel was arrested on the high seas immediately adjacent to Australia’s Exclusive Economic Zone (EEZ) surrounding the Heard and McDonald Islands in the Southern Ocean. It was suspected (and later found as a matter of fact) to have been engaged in unlawful fishing for the prized Patagonian Toothfish within Australia’s EEZ two to three weeks prior to its detection and seizure by Australian authorities. The circumstances of the seizure …

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 Beacon, November 07, 2011, Florida International University

PantherNOW - Student Newspaper

Vol. 23, Issue 39, 12 pages

Improving Commercial Fishing Access Rights In Western Australia, Department Of Fisheries

Fisheries occasional publications

Access Rights Working Group Report to the Hon Norman Moore, MLC Minister for Fisheries

Distribution And Diet Of Largemouth Bass (Micropterus Salmoides) In The Lower Boise River, Idaho, Camrin D. Braun, Christoph A. Walser

Western North American Naturalist

Where introduced, largemouth bass (Micropterus salmoides) are known to have negative effects on aquatic ecosystems. In this study, we used historical museum collection records (1942–2006) and contemporary (2009) collections to assess changes in the distribution of largemouth bass in the lower Boise River (southwestern Idaho). We also examined the stomach contents of largemouth bass collected during the contemporary survey to determine diet. Seventy-four largemouth bass (45–137 mm TL) were represented in 13 historical collections from 5 lower Boise River locations. During autumn 2009, we sampled 8 sites in the lower Boise River for largemouth bass. Sixty-one largemouth bass …

The Current Volume 22 : Issue 7, Nova Southeastern University

The Current

No abstract provided.

National Solutions To An International Scourge: Prosecuting Piracy Domestically As A Viable Alternative To International Tribunals, Kevin H. Govern

University of Miami International and Comparative Law Review

This article will assess both the problems and potential solutions to contemporary seaborne threats of piracy, robbery, and terrorism, and discuss challenges and opportunities for the domestic and international forums prosecuting the crimes that constitute piracy and maritime terrorism. In particular it will begin with a discussion of the (d)evolution of events in the late 20th Century, which has transformed the old problem of piracy into a modern scourge. Piratical tactics, techniques and procedures (TTP) gave rise to a distinctly different threat from that faced in the past. Accompanying this discussion is a survey of present-day piracy, followed by an …

Pmcs On The High Seas: The Solution To Somali Piracy Or A Failure To Learn From History?, Bryan K. Doeg

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

The Corporate Agenda For Environmental Property Rights, Sharon Beder

Sharon Beder

Market and property-rights based approaches to environmental problems have been heavily promoted by conservative think tanks. Consequently policies such as emissions trading, water markets, tradeable fishing quotas and conservation banking pervade environmental policy in English speaking nations. They have enabled the corporate neo-liberal agenda of deregulation, privatisation and an unconstrained market to be dressed up as an environmental virtue. This market-faith based approach is proving to be largely ineffective at protecting the environment and also inequitable.

Development Toward The Adoption Of The Fao Agreement On Port State Measures To Prevent, Deter And Eliminate Illegal, Unreported And Unregulated Fishing, Etty R. Agoes

Indonesian Journal of International Law

On November 25, 2009, during its governing conference in Rome, the Foodand Agriculture Organization of the United Nations (FAO) approved a newtreaty aimed at closing fishing ports to ships involved in illegal, unreported,and unregulated (IUU) fishing. This article is designed to give an illustrationon the development of efforts by the international community as a responseto the problems brought by IUU fishing practices. It will start with adescription on the background, then on port state control. It will then befollowed with an anlysis of the international legal basis for port statejurisdiction. The next part will discuss the case of IUU fishing, …

The Anthropocene, Autopoiesis And The Disingenuousness Of The Genuine Link: Addressing Enforcement Gaps In The Legal Regime For Areas Beyond National Jurisdiction, Rosemary Rayfuse

Rosemary Rayfuse

The Earth has entered the anthropocene era; the era in which human activities have begun to have a significant global impact of the Earth’s climate and ecosystems. Covering more than 60% of the Earth’s surface, the oceans comprise a complex, dynamic and vast component of the Earth’s ecological system, second in size only to the global atmosphere. The oceans are a major provider of ecosystem services, food, mineral and other resources, and a major medium for global transportation and communication. Nevertheless, while once thought inexhaustible, unlimited and capable of supporting any human activity or use, it is now clear that …

Regional Allocation Issues Or Zen And The Art Of Pie Cutting, Rosemary Rayfuse

Rosemary Rayfuse

Regional Fisheries Management Organisations (RFMOs) have increasingly become the mechanism of choice through which high seas fisheries are to be managed. How these organisations allocate fishing opportunities for the dwindling resources under their jurisdiction is, however, a difficult and often controversial issue. Achieving equitable, scientifically reliable and sustainable allocations as between members and as between members and non-members has serious implications for the operational efficacy and legitimacy of an RFMO and its management regime. This paper examines the allocation practices adopted in RFMOs in the context of the tension between state sovereignty and the development of rules of international law …

Monitoring Nesting Trends And Hatchling Success Of The Green Turtle (Chelonia Mydas) Population On Mnemba Island, Zanzibar, Taylor Dunbar

Independent Study Project (ISP) Collection

The nesting trends and hatching success of Green sea turtles (Chelonia mydas) were studied on Mnemba Island. This study involved a continuation of data collection for the ongoing monitoring program of sea turtles on Mnemba Island. Data was collected from nesting females as well as from post hatching nest excavations. The data that has been collected over the course of ten years was then analyzed to examine trends over time as well as to assess the current status of the turtle population on Mnemba Island. Hatch success as a function of different seasons was analyzed. It has been concluded that …

Conservation Genetics Of The Endangered Eastern Freshwater Cod, Maccullochella Ikei, Catherine Jane Nock

Dr Catherine J Nock

Fragmentation over evolutionary time scales following vicariant and dispersal events has long been recognised as a dominant process in biological diversification and speciation; while anthropogenic habitat fragmentation in recent times is considered a threat to the long-term persistence of species and ecosystems. The eastern freshwater cod Maccullochella ikei is Australia’s largest endangered freshwater fish species. Abundant in the Clarence and Richmond River systems at the time of European settlement, populations crashed in the early 1900s causing local extinctions and range reduction. Recovery efforts, including a prohibition on fishing for M. ikei and hatchery breeding programs, were initiated in an attempt …

Newsroom: Goldstein On Fisheries Regulation Lawsuits, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Suing Organized Piracy: An Application Of Maritime Torts To Pirate Attacks, And Subsequent Civil Actions Against The Supporters Of Organized Piracy, Alistair Deans

Roger Williams University Law Review

No abstract provided.

Regulatory Compliance In Small-Scale Fisheries In Old Providence Island (Colombia), Laura Maria Alayon

Masters Theses 1911 - February 2014

This research evaluates how contextual variables such as knowledge of the rules, the perception about punishment and formal enforcement levels, perception of social control, fishers’ attitudes about legitimacy of rules, and social/economic factors, affect compliance with fisheries regulations. The analysis is carried out in Old Providence Island [OPI]. A survey of 100 fishermen was completed and data from that survey is used to econometrically estimate a model of compliance choices. Results suggest that reports on compliance change depending whether the interviewed is asked about compliance or about violation. I argue that this seemingly inconsistency, reveals an implication on methodological approach. …

A Study On Prospects For The Evolution Of Maritime Traffic Management Systems Taking Into Account E-Navigation, Kwang An

World Maritime University Dissertations

No abstract provided.

The Introduction Of Alien Aquatic Species By Ships In The Arctic : The Role Of The Polar Code And Other International Legal Instruments, Anne Bouyssou

World Maritime University Dissertations

No abstract provided.

The Somali Piracy Challenge: Operational Partnering, The Rule Of Law, And Capacity Building, Brian Wilson

Loyola University Chicago International Law Review

No abstract provided.

Crime Upon The Sea: Reshaping American Jurisprudence On International Piracy, Ta'ronce Stowes

Florida A & M University Law Review

No abstract provided.

One Approach To Teaching Maritime Law: The Admiralty Classroom As A Stage, Taylor Simpson-Wood

Saint Louis University Law Journal

No abstract provided.

Somali Piracy And The Introduction Of Somalia To The Western World, Daniel A. Jean-Jacques

Electronic Theses and Dissertations

This thesis investigates the origins of the modern phenomenon of Somali piracy within a deeper historical context. More specifically, this analysis concentrates on the development of piracy in the north of the country. It is here contended that Somali piracy is, in fact, the product of the confluence of three historical currents. The first of these currents is the progressive degeneration of traditional Somali institutions due to exposure to the colonial and global markets. The second is the increasing reliance of northern Somalis on maritime resources due to over exploitation of the land and the fishing initiatives of the Barre …

New Challenges For Maritime Security In The Indian Ocean - An Australian Perspective, Sam Bateman, Anthony Bergin

Faculty of Law - Papers (Archive)

The Indian Ocean region is growing in strategic importance. It is facing the risks of growing strategic competition, particularly between China and India. However, the region tends to be neglected by Australia despite extensive interests in the region and the possibility of threats to Australia’s security emerging from the region, including the risks of intrastate conflict, terrorism, smuggling in all its forms, and illegal fishing. Climate change, sea-level rise and natural disasters are other non-traditional security threats evident in the region. The northwest of Australia is particularly exposed to these challenges to maritime security and requires more attention in Australia’s …

International Legal And Normative Framework For Responsible Fisheries, With Reference To Malaysia's Offshore Eez Fisheries Management, Mohammad Zaki Ahmad

University of Wollongong Thesis Collection 1954-2016

The progressive development of international legal and normative framework for responsible fisheries in the aftermath of the 1982 United Nations Convention on the Law of the Sea (LOSC) has been epitomized through the introduction of a series of binding and non-binding global fisheries instruments. These post-LOSC instruments include the UN Fish Stocks Agreement, FAO Code of Conduct for Responsible Fisheries, and the four non-binding International Plans of Actions (IPOAs). They provide the principles, measures, and standards for responsible fisheries in the exclusive economic zone (EEZ).

The adoption and elaboration of these instruments attest to the urgency and strong political commitment …

Preliminary Assessment Of The Handline (Banca) Fisheries In The Philippines (Fis/2009/033). Final Report, Ronald J. West, Mary Ann Palma, Noel Barut, Elaine Garvilles, Desiderio Ayanan

Faculty of Science - Papers (Archive)

The Philippines, with an Exclusive Economic Zone (EEZ) of 2.2 million sq. km, including over 7,000 islands, relies on fisheries as one of its major industries, sources of employment and in promoting food security. The hand-line fishery using bancas (or pump boats), catching commercially viable species such as tuna, is a major component of both municipal and commercial fisheries in the Philippines. Hand-line fishing is considered one of the most sustainable forms of fishing in the country. However, the economic significance of the hand-line fishery is increasingly threatened by a number of factors, including poor information on the fishery and …

Assessment And Management Of The Dermersal Fisheries Of The Java Sea, Indonesia, Budi Iskandar Prisantoso

University of Wollongong Thesis Collection 1954-2016

The major goals of this research were: (i) to review and evaluate the Java Sea fisheries legal, policy and management framework in particular, with respect to the demersal fishery; and, (ii) to investigate the current information available for assessment of the Java Sea fisheries resources and their sustainability. To achieve these goals, the complexities of Indonesia’s fisheries management and policy framework have been critically reviewed. In addition, fisheries statistical data and information has been collected from national, provincial and district governments surrounding Java Sea, which includes 7 provinces and 31 districts. Finally, to investigate the problems and issues in implementing …

Watery Grave: Why International And Domestic Lawmakers Need To Do More To Protect Oceanic Species From Extinction, Brooke Glass-O’Shea

UC Law Environmental Journal

No abstract provided.