Conflicts over protection of marine living resources : the ‘Volga Case’ revisited

Non-traditional maritime security concerns have become more importantthan ever in the post-Cold War era. Naval forces of most developedcountries are more concerned about these threats than conventional war.One of the main maritime security issues for many countries in the world isillegal, unreported and unregulated (IUU) fishing in the marine area. Withthese burgeoning issues comes the potential for a large number of disputesinvolving international law. In early 2002, a long-line fishing vessel under aRussian flag –the Volga, was detained by Australian authorities a few hundred meters outside the Exclusive Economic Zone of Australia’s Heard and McDonald Islands in the Southern Ocean. The vessel was reportedly engaged in illegal fishing. This incident gave birth to litigation in international and Australian courts. Apart from these cases, Russia also announced separate litigation against Australia for violation of Articles 111and 87 of the United Nations Convention on the Law of the Sea (NCLOS).Considering the outcome of these cases, this article critically examines thecharacteristics of litigation as a strategy for pacific settlement of disputesover marine living resources. Using the Volga Case as an example, thisarticle explores some issues related to the judicial settlement of disputes over marine living resources. This article demonstrates that the legal certainty of winning a case may not be the only factor influencing the strategy for settlement of an international dispute.

Incidental Catch of Marine Mammals by Foreign and Joint Venture Trawl Vessels in the U.S. EEZ of the North Pacific, 1973-88

During 1973-88, 3,661 marine mammals of 17 species were reported as incidental catch by U.S. fishery observers aboard foreign and joint venture trawl vessels in the U.S. Exclusive Economic Zone in the North Pacific Ocean and the Bering Sea. Northern sea lions (Eumetopias jubatus) accounted for 90% of the reported incidental mortality in the Gulf of Alaska and eastern Bering Sea. Nearly half of these sea lions were taken in trawl nets in the Shelikof Strait, Alaska, joint venture fishery during 1982-84. However, high incidental mortality rates (>25 sea lions per 10,000 metric tons of groundfish catch) also occurred in the foreign fisheries near Kodiak Island and in the Aleutian Islands area in earlier years. Estimated annual mortality of incidentally caught northern sea lions in Alaska declined from 1,000 to 2,000 animals per year during the early 1970s and 1982 to fewer than 100 animals in 1988. In the Bering Sea most sea lions incidentally caught were males, while in the Gulf of Alaska females were more frequently caught. Females may also have been dominant in the incidental catch of sea lions in the Aleutian Islands area, but age and sex composition data are limited. Incidental mortality of adult female sea lions by foreign trawl fisheries in these areas could have partially contributed to the reported declines in northern sea lion populations in Alaska during the 1970s, but it cannot alone account for the present decline in population size. (PDF file contains 64 pages.)

Water quality assessment and characterisation of chlorophyll-a variability related to river discharges, within the southeastern Bay of Biscay : evaluation and development of chlorophyll-a algorithms for MODIS and MERIS imagery

222 p. : il.

Fisheries laws and regulations of Nigeria and room for further developments

The fisheries laws and regulations presently operative in Nigeria are on marine waters. These include: 1) The Sea Fisheries Decree (Act) of 1971; 2) The Sea Licencing Regulations of 1971; 3) The Sea Fisheries (Fishing) Regulations of 1972; and 4) The exclusive Economic Zone Decree of 1978. Attempts have also been made to produce the Inland waters Fisheries Regulation

Die deutsche Fischerei auf den "ozeanischen" Rotbarsch (Sebastes mentella) von 1995 bis 1998

Recently, the German redfish fishery displayed a pronounced seasonal pattern in geographic effort distribution and depth. The second and third quarters were the main season when 80 % of the effort was exerted. During the second quarter, the fleet activities were concentrated in international waters close to the Icelandic Exclusive Economic Zone (EEZ), fishing at depths exceeding 600 m. In contrast, the catches in the third quarter were taken mainly inside the Greenland EEZ at depths around 300 m. From 1995 to 1998, the annual effort ranged from 14 000 to 18 000 trawling hours, without a trend. This effort yielded about 18 000 to 21 000 t (international catch > 100 000 t) annually. Since 1996, the catch rate (CPUE) decreased during the main season. The decrease in CPUE should be interpreted as the first reaction of the stock to increased exploitation. The fish size also varied seasonally and peaked during the second quarter at depths exceeding 600 m. Here, males were bigger than females and both sexes were equally frequent. The increase of fish size with increasing depth did not contribute to the hypothesis of two separate pelagic redfish stocks above and below 500 m. In contrast, the close relation between fish size and depth point to the so-called “deeper-bigger phenomenon” which was found in numerous fish stocks. Very few redfish in the catches were immature.

Untersuchungen der Industriefischerei 1995/96

Information on the impact of industrial fishery on sandeel and sprat is given. First results of experimental fishing on board RV "Walther Herwig III" and results of studies aboard commercial vessels within the German Economic Zone are presented.

Elementos basicos de teledetecção. Possibilidades da sua aplicação na investigação pesqueira em Moçambique

Mozambique has a large Exclusive Economic Zone (EEZ). Satellite remote sensing combined with ground observation would help in the research undertaken for fisheries purposes. NOAA could be applied for sea surface temperature mapping of the open sea water as the thermal gradient is high enough here. Coastal zone dynamics would be remotely sensed by visible passive radiance, since colour contrast is here the relevant pattern. Landsat/MSS seems to be economically advantageous for this purpose. This knowledge would contribute to locate the areas adequate for the concentration of fisheries resources.

Australian Vessel Performance in the East Coast Tuna Longline Fishery

A sample of daily observations on the activities of Australian vessels longlining for yellowfin tuna, Thunnus albacares, during 1987-90 was analyzed, using a production junction approach, to determine the effects of vessel characteristics and operational practices and conditions. Significant differences were found between the tuna fisheries in the northern and southern regions of the inshore yellowfin tuna fishery in the east Australian Exclusive Economic Zone. The type of vessel used, and fishing practices such as soaktime, patrolling the longline, and choice of surface water temperature were found to have significant effects on yellowfin tuna catch rates.

A U.S. Perspective on Access to Fisheries Resources

The passage of the Magnuson Fishery Conservation and Management Act of 1976 (MFCMA) and the establishment of a 200-mile exclusive economic zone (EEZ) in 1983 have resulted in a radical change in the pattern of foreign fishing operations off the U. S. coasts. Likewise, the extensions of 200-mile EEZ's by other nations have impacted U.S. distant-water fisheries. The result has been that a new international framework for fisheries is emerging and is continuing to evolve.

U.S. Fisheries Management and Foreign Trade Linkages: Policy Implications for Groundfish Fisheries in the North Pacific EEZ

The groundfish resources of the U.S. Exclusive Economic Zone (EEZ) off Alaska, dominated by Alaska or walleye pollock, Theragra chalcogramma, Pacific cod, Gadus macrocephalus, and flatfishes, Pleuronectidae, can sustain annual commercial harvests well in excess of 2 million metric tons (t). As recently as 1979, foreign fisheries took 99 percent of the annual harvest supported by these resources. This has changed dramatically during the 1980's. The foreign fisheries have received rapidly decreasing allocations, first as joint venture fisheries expanded and, more recently, as the domestic fisheries have grown. Joint venture fisheries are fisheries in which domestic fishing vessels deliver their catch directly to foreign processing vessels in the EEZ. By 1986, the joint venture and domestic fisheries accounted for 66 percent and 8 percent, respectively, of the annual harvest. The preliminary corresponding figures for 1987 are 78 and 18 percent.

Sistema de Informações Geográficas para a Classificação dos Municípios Beneficiários dos Royalties do Petróleo.

A Constituição da República Federativa do Brasil (1988), em seu Art. n. 20, deixa claro: São bens da União: ... os recursos naturais da plataforma continental e da zona econômica exclusiva; e ainda: é assegurada, nos termos da lei, aos Estados, ao Distrito Federal e aos Municípios, bem como a órgãos da administração direta da União, participação no resultado da exploração de petróleo ou gás natural, de recursos hídricos para fins de geração de energia elétrica e de outros recursos minerais no respectivo território, plataforma continental, mar territorial ou zona econômica exclusiva, ou compensação financeira por essa exploração. Portanto, os Royalties do Petróleo constituem compensações financeiras, previstas em lei, devida aos entes federativos pelos concessionários que exploram e produzem petróleo ou gás natural. A identificação dos estados e municípios beneficiários dos Royalties do Petróleo e do gás natural extraídos da plataforma continental é feita de acordo com critérios definidos pelo decreto presidencial de n. 93.189, de 29 de agosto de 1986, que determina à Fundação Instituto Brasileiro de Geografia e Estatística (IBGE) como órgão responsável pelos traçados das projetantes dos limites estaduais e municipais e, também, pela identificação dos Estados e Municípios a serem beneficiados pelos Royalties do Petróleo produzido na Plataforma Continental. Sendo assim, este trabalho consiste no desenvolvimento de um Sistema de Informação Geográfica voltado para a classificação dos estados e municípios quanto à sua categoria de beneficiário dos Royalties do Petróleo em conformidade com a Lei n. 7.525/86 e com o Decreto n. 93.189/86.

Our living oceans: report on the status of U.S. living marine resources, 6th edition

The National Marine Fisheries Service (NMFS) is dedicated to the stewardship of living marine resources (LMR’s). This is accomplished through science-based conservation and management, and the promotion of healthy ecosystems. As a steward, NMFS has an obligation to conserve, protect, and manage these resources in a way that ensures their continuation as functioning components of healthy marine ecosystems, affords economic opportunities, and enhances the quality of life for the American public. In addition to its responsibilities within the U.S. Exclusive Economic Zone (EEZ), NMFS plays a supportive and advisory role in the management of LMR’s in the coastal areas under state jurisdiction and provides scientific and policy leadership in the international arena. NMFS also implements international measures for the conservation and management of LMR’s, as appropriate.NMFS receives its stewardship responsibilities under a number of Federal laws. These include the Nation’s primary fisheries law, the Magnuson Fishery Conservation and Management Act. This law was first passed in 1976, later reauthorized as the Magnuson-Stevens Fishery Conservation and Management Act in 1996, and reauthorized again on 12 January 2007 as the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA). The MSRA mandates strong action to conserve and manage fishery resources and requires NMFS to end overfishing by 2010 in all U.S. commercial and recreational fisheries, rebuild all overfished stocks, and conserve essential fish habitat.

Abundance of cetatceans in the southern U.S. North Atlantic Ocean during summer 1998

The U.S. Marine Mammal Protection Act requires that the abundance of marine mammals in U.S. waters be assessed. Because this requirement had not been met for a large portion of the North Atlantic Ocean (U.S. waters south of Maryland), a ship-based, line-transect survey was conducted with a 68 m research ship between Maryland (38.00°N) and central Florida (28.00°N) from the 10-m isobath to the boundary of the U.S. Exclusive Economic Zone. The study area (573,000 km2) was surveyed between 8 July and 17 August 1998. Minimum abundance estimates were based on 4163 km of effort and 217 sightings of at least 13 cetacean species and other taxonomic categories. The most commonly sighted species (number of groups) were bottlenose dolphins, Tursiops truncatus (38); sperm whales, Physeter macrocephalus (29); Atlantic spotted dolphins, Stenella frontalis (28); and Risso’s dolphins, Grampus griseus (22). The most abundant species (abundance; coeffi cient of variation) were Atlantic spotted dolphins (14,438; 0.63); bottlenose dolphins (13,085; 0.40); pantropical spotted dolphins, S. attenuate (12,747; 0.56); striped dolphins, S. coeruleoalba (10,225; 0.91); and Risso’s dolphins (9533; 0.50). The abundance estimate for the Clymene dolphin, S. clymene (6086; 0.93), is the first for the U.S. Atlantic Ocean. Sperm whales were the most abundant large whale (1181; 0.51). Abundances for other species or taxonomic categories ranged from 20 to 5109. There were an estimated 77,139 (0.23) cetaceans in the study area. Bottlenose dolphins and Atlantic spotted dolphins were encountered primarily in continental shelf (<200 m) and continental slope waters (200−2000 m). All other species were generally sighted in oceanic waters (>200 m). The distribution of some species varied north to south. Striped dolphins, Clymene dolphins, and sperm whales were sighted primarily in the northern part of the study area; whereas pantropical spotted dolphins were sighted primarily in the southern portion.

Monsoon trawl ban and its effects on the livelihood of trawl labourers: the case with Versova fishing village in Maharashtra

Indian fisheries sector in view of its potential contribution to national income, nutritional security, employment opportunities, social objectives and export earnings, plays an important role in the socio-economic development of the country. Fisheries sector contributes 4.3% to the agricultural GDP and export earnings are presently valued at over INR 68 billion from a volume of 460,000 tons. In addition, it provides direct and indirect employment and dependency for over seven million people in the country. With an estimated production potential of 8.4 million tons, the present level of production in the country is 5.9 million tons with almost equal contribution from both marine and inland sectors. The estimated fisheries potential from the Indian exclusive economic zone was found to be 3.9 million tons. But in spite of the increased efforts in fish production, the catch stagnates around 2.9 million tons. The stagnation in catches, mainly due to the over exploitation of dwindling marine resources, forced the government to impart some management measures to regulate the fishery and for the sustenance of the marine resources. The monsoon trawl ban in fisheries was one of the major reforms, which had created a substantial increase in fish production in the past few years. The ban on trawling during monsoon season was introduced in Maharashtra, after a series of studies, from 1992 for a period of 65 days from 10 June to 15 August or Naralipoornima, whichever is earlier. A notable increase in production from the marine sector of the country occurred in the post-ban period. Nevertheless, it had created problems in employment, poverty and income distribution of fishermen during the ban period and was always a matter of unrest between mechanized and traditional sectors of fishing. The aim of this study was to understand the impact of the ban on monsoon trawling in employment pattern, poverty and income distribution of fishermen along the coast of Maharashtra. The study was conducted at the Versova fishing village, Mumbai, and provides reflections on the possible impact of monsoon ban in the livelihood and standard of living of the fishermen in the state.

Stock assessment of the demersal offshore fishery resources off the Karnataka coast

The total biomass of the demersal stocks in the depth range of 30-200m between 12°401 and 15°N latitudes in the Indian Exclusive Economic Zone is estimated to be a:round 1,23,000 metric tons (t). There is scope for doubling the present catch of about 40,000 t from demersal resources by extending exploitation to 50-200m depth zone. About 78% of this increase is expected to come from four species, namely, Nemipterus japonicus, Priacanthus macracanthus, Saurida tumbil and Arius spp.