International Ocean Law

JurisdictionMarine Pollution

International Fishing

Fisheries

Jurisdiction

Fishing has increased four-fold since 1950s

Fisheries

• Impacts of increased fishing– 2/3 of world’s fisheries are overfished– Some of the largest fisheries have collapsed– Fishing fleet doubled from 1970 through mid-

2000s, but catch has been the same or declined since 1990• = more effort to catch

Fish Stocks

Fisheries

• What happens to caught fish?– Food for humans• Developing countries: 20% of Africa’s population

depend on fish for their protein• Fish is main protein source for a billion people

– Bait– Fertilizer (30% of caught fish!)– Bycatch = unintentionally caught fish

Fisheries

• Why has fishing increased so much?– EEZs = exclusive national jurisdiction over marine

resources• Promoted domestic fishing industries• Once they exploited all the fish in their EEZs, they

moved to the high seas/international waters– Technology• More effective harvesting and tracking technology• Factory ships: process fish at sea, allow ships to store

more and more fish

Fisheries

• Why has fishing increased so much?– More boats: fleet doubled between 1970-1990• 585,000 to 1.2 million commercial boats• Does not include millions of smaller boats

– Subsidies• Countries give fishing industries loans and payments =

$54 billion/year in 1993• Contrary to Food and Agricultural Organization (FAO)

estimate that need to remove 23% of world’s fishing fleet to rehabilitate fisheries

Fisheries

• Why has fishing increased so much?– Regulation outside of EEZs is lightly regulated– Regulation within EEZs often is, too• National governments are reluctant to require

fishermen to reduce catch• Would probably require fishermen to leave the

industry and might bankrupt some of the fishermen

Fisheries

• Why has fishing increased so much?– EEZ regulatory model

• Scientists set range for allowable catch (e.g., XXX tons of tonno from the fishery)

• Regulators pick allowable catch from the range– Often the highest number = not precautionary– Even if regulators pick a conservative number, politicians may

intervene• It is easier for regulators to allow too high of catch – and

allow the fishermen to drive themselves out of business because the fish are gone – than it is for the regulators to force some fishermen out of business by reducing the catch

Fisheries

• Spiraling consequences of overfishing– Killing top-level predators– Bycatch

Fisheries

• Killing top-level predators– Humans like tuna, swordfish, halibut = carnivorous

fish that eat other predators– If you catch the top-level predators, then the next

level has no population control• They will overconsume the next group in the food chain

= disrupted ecosystems

Fisheries

• Fishing techniques exacerbate the problems– Trawling– nets– Longlines

• They also increase the need to fish more– Expensive equipment need more money need

more fish need more equipment

Driftnet

Driftnet

Purse Seine Net

Longlines

Bottom Trawling

Fisheries

• Bycatch– Discarded species not intended to be caught• E.g., dolphins in the tuna fishery• Small or unfit target species• Can also include urchin, sponges, sea turtles, birds, etc.

– Direct impacts on the bycatch themselves– Indirect effect = damaging the food chain – target

species have nothing to eat

Fisheries – The Legal Regime

• Overarching concepts– Exploitation must be conducted on “rational basis”

= with conscious, reasonable objectives, taking account of scientific advice

– Species must be regulated as a biological unit – i.e., within its whole range

– All ecological factors that affect conservation of species and habitat must be considered

• Translating these into laws is difficult!!

Fisheries – The Legal Regime

• UNCLOS - overview– Territorial sea = coastal state has exclusive

sovereignty to regulate fisheries– EEZ = coastal state retains exclusive rights to

explore, exploit, and manage living marine resources• Subject to responsibility to manage and conserve the

living marine resources

Fisheries – The Legal Regime

• Four categories of fish– Straddling stocks – EEZ + high seas– Highly migratory species – many EEZs + high seas– Anadromous = born in fresh water, live in ocean,

return to fresh water to spawn– Catadromous = live in fresh water, spawn in salt

water• We’ll discuss the first 2

Fisheries – The Legal Regime

• UNCLOS Articles– EEZ rights– Conservation of living resources– Utilization of living resources– Straddling stocks– Highly migratory species– Freedom of high seas– Right to fish on high seas– Duty of states to conserve on high seas– Cooperation + conservation on high seas

Fisheries – The Legal Regime

• EEZ rights– Coastal states have sovereign rights for exploring,

exploiting, conserving, and managing– Coastal state shall have “due regard” to rights and

duties of other states

Fisheries – The Legal Regime

• Conservation of living resources– Coastal state shall determine the allowable catch

of the living resources in its EEZ– Shall, taking into account best scientific evidence,

ensure proper conservation and management to avoid over-exploitation• Should cooperate with other governments and

organizations

Fisheries – The Legal Regime

• Conservation of living resources– Shall maintain or restore populations to maximum

sustainable yield• As qualified by relevant environmental/economic

factors• Including economic needs of coastal fishing

communities• Taking into account interdependence of stocks and

generally recommended standards

Fisheries – The Legal Regime

• Utilization of living resources– Coastal states shall promote optimum utilization

of living resources– Shall determine capacity to harvest living

resources• If coastal state doesn’t have capacity to harvest the

entire allowable catch, shall give other states access to the surplus of the allowable catch• Other states and their citizens must comply with coast

state laws when harvesting

Maximum Sustainable Yield

Maximum Sustainable Yield

Optimum Yield

Fisheries – The Legal Regime

• Freedom of high seas– High seas are open to all States, whether coastal

or land-locked– Freedom of high seas =• Freedom of navigation• Freedom of fishing, subject to

– Need to exercise “due regard” for interests of other States and rights under the convention

Fisheries – The Legal Regime

• Right to fish on high seas– Subject to• Treaty obligations• Rights and duties and interests of coastal states

Fisheries – The Legal Regime

• Duty of states to conserve on high seas– All states have a duty to take measures for their

nationals as may be necessary for conservation of living resources

Fisheries – The Legal Regime

• Cooperation + conservation on high seas– All shall cooperate in the conservation of living

resources

Fisheries – The Legal Regime

• Conservation of living resources– In determining allowable catch• Take measures to produce maximum sustainable yield,

as qualified by environmental and economic factors• Consider effects on harvests and associate species to

avoid harvesting at levels where reproduction may be seriously threatened.

Fisheries – The Legal Regime

• Straddling stocks– Where the same stock/stocks of associate species

occur within EEZ of 2 or more coastal states, States shall work to manage stocks cooperatively

– Fishing interests shall, through subregional and regional organizations, agree on measures necessary

Fisheries – The Legal Regime

• Highly migratory species– Coastal state and other states whose nationals fish

for highly migratory species shall cooperate with international organizations to ensure conservation and optimum utilization of the species throughout the region

– If no regional organization, shall cooperate