Forensic Fisheries Science: Literature Review and Research Suggestions

Recent years have seen a dramatic increase in litigation against the National Marine Fisheries Service, NOAA. Litigation may affect personnel throughout the agency, including scientists, whose work is often directly or indirectly influenced by complex legal requirements, but who may not be in a position to comment or engage in public dialogue. It may be helpful for scientists and other agency personnel to join the ongoing discussion in the legal community regarding the interface of science and law. This paper provides a starting point with a selected introduction to relevant legal literature in this area. It uses the phrase “forensic fisheries science” to describe the application of science to legal requirements in the fishery management context. It concludes with suggestions for future research that could assist NMFS scientists as they grapple with the challenge of using science to help the agency meet its complex legal requirements. Forensic: belonging to, used in, or suitable to courts of judicature or to public discussion and debate; argumentative, rhetorical; relating to or dealing with the application of scientific knowledge to legal problems (Merriam-Webster Online Dictionary )

Government-Industry Cooperative Fisheries Research in the North Pacific under the MSFCMA

The National Marine Fisheries Service’s Alaska Fisheries Science Center (AFSC) has a long and successful history of conducting research in cooperation with the fishing industry. Many of the AFSC’s annual resource assessment surveys are carried out aboard chartered commercial vessels and the skill and experience of captains and crew are integral to the success of this work. Fishing companies have been contracted to provide vessels and expertise for many different types of research, including testing and evaluation of survey and commercial fishing gear and development of improved methods for estimating commercial catch quantity and composition. AFSC scientists have also participated in a number of industry-initiated research projects including development of selective fishing gears for bycatch reduction and evaluating and improving observer catch composition sampling. In this paper, we describe the legal and regulatory provisions for these types of cooperative work and present examples to illustrate the process and identify the requirements for successful cooperative research.

Ghana coastal fisheries governance dialogue: developing options for a legal framework for fisheries co-management in Ghana

The Third National Fisheries Governance Dialogue was a direct follow up on the Second National Fisheries Governance Dialogue held in Elmina in April 2012. It was agreed at the Second dialogue that co-management was the way forward for sustaining Ghana’s fisheries and that its success would depend on a supportive legal framework. The two day dialogue meeting consisted of four key presentations focusing on: the current status of fisheries in Ghana; co-management as a fresh approach to fisheries; outcomes from the regional stakeholder consultations on co-management structure; and outcomes from the research on the legal framework. The presentations were followed by four breakout groups that generated ideas for co-management structures for different species namely pelagic fish or Sardinella, near shore demersal, Volta lake, and lagoons and estuaries. Key elements for co-management structures and elements of a co-management legal framework were later identified during plenary discussions.

Seasonal growth of King George whiting (Sillaginodes punctata) estimated from length-at-age samples of the legal-size harvest

Samples of 11,000 King George whiting (Sillaginodes punctata) from the South Australian commercial and recreational catch, supplemented by research samples, were aged from otoliths. Samples were analyzed from three coastal regions and by sex. Most sampling was undertaken at fish processing plants, from which only fish longer than the legal minimum length were obtained. A left-truncated normal distribution of lengths at monthly age was therefore employed as model likelihood. Mean length-at-monthly-age was described by a generalized von Bertalanffy formula with sinusoidal seasonality. Likelihood standard deviation was modeled to vary allometrically with mean length. A range of related formulas (with 6 to 8 parameters) for seasonal mean length at age were compared. In addition to likelihood ratio tests of relative fit, model selection criteria were a minimum occurrence of high uncertainties (>20% SE), of high correlations (>0.9, >0.95, and >0.99) and of parameter estimates at their biological limits, and we sought a model with a minimum number of parameters. A generalized von Bertalanffy formula with t0 fixed at 0 was chosen. The truncated likelihood alleviated the overestimation bias of mean length at age that would otherwise accrue from catch samples being restricted to legal sizes.

The status of legal framework for management of fisheries

The success of fisheries management depends very much on the effectiveness of the legal framework in use. A historical perspective of the fisheries of Lake Victoria, Uganda, suggests that fisheries management has not been very successful. This chapter reviews the legal framework with a view to assessing its impact on fisheries management on Lake Victoria, Uganda

Legal consideration on Convention for the Prevention of Dumping of Wastes and Other Matter (at sea) and assessment of its implementation in Iran (The London [dumping] Convention)

Making use of sea, as a place for dumping of wastes and other materials from human activities wasn’t forbidden before creation of the convention on the prevention of marine pollution by dumping of wastes and other matters (London Convention). Therefore, industrial countries, without any specific consideration, were dumping their wastes into the world’s seas. Many years and before the beginning of rapid development of industry, the great self- purification of seas were preventing some of discharging problems. But gradually, the increase of industrial development activities, exceeded the production of wastes and other matters, and this led to the misuse of world’s seas and oceans as a dump site. One of the most important consequences of 1972 Stockholm World Conference was to focusing world attention on threats have jeopardized marine environment balance. World countries` leaders committed in Stockholm to begin protecting the environment. Finally, this movement at marine environment section led to the creation of London Convention in the same year. London Convention was concluded for cooperating between countries at December 29, 1972 to promote effective control of all marine environment polluting resources and to prevent marine pollution by dumping wastes and other matters. Then it was opened for signature to other countries. At last, after 15 states signature, this convention was entered in to force at August 30.1975. Ratification and execution of London Convention resulted in coordinated performance of countries in marine waste management. Common actions with supports and cooperation of different international, regional, governmental and non-governmental organizations and agencies prevent marine pollution by dumping of wastes and other matters. Due to the importance of wastes in our marine and coastal areas, investigation of the performance of London Convention can identify the lack of regulations and lack of regulation supports about marine pollution prevention by dumping of wastes and other matters in Iran. Considering this issue, proper protection of seas will be achieved. London Convention has been studied here to achieve intended purposes. In first chapter, generalities about marine environment, including the importance and necessity of marine environment protection, with the focus on some internal and international resources of environmental law accompanying with marine pollution and its recourses, and finally, due to the study theme, dumping of wastes and other matters at seas with its impacts have been investigated .In the section of international measures, a brief history of marine pollution and marine environment international law with international law framework, exclusively for controlling of wastes and other material discharge at seas and oceans has been reviewed. In second chapter, obligations, amendments, and annexes of London Convention have been investigated and classified. The obligations have been categorized in to legal obligations and technical and organizational obligations. In former section, subject ,purpose, territory, exceptions, rights and duties of parties, convention amendments,… and in latter, special requirements for wastes assessment, determination of pollutants` permissible limit, site selection and type of discharge selection, design principles for marine environment quality monitoring program, and discharge license issuance mechanism have been studied. In third chapter, due to the examination of convention performance in Iran, the internal law system for marine environment conservation and its pollution has been mentioned in detail. Considering this, two issues have been compared .firstly, convention obligations with regional treaties that Iran as a party to them and secondly, Iranian internal law there of .Finally, common and different aspects of these issues have been determined. At last, recommendations and strategies for convention enforcement and conformity of its obligations with internal regulations have been presented. Furthermore, translation of convention English text has been reviewed and its protocol has been translated.