A Preliminary Report On International Fisheries Management Research

In 2006 Congress recognized the need for international cooperation to address some of the most significant issues affecting international fisheries today: illegal, unreported, and unregulated (IUU) fishing and fishing practices that may undermine the sustainability of living marine resources. In 2010, Congress focused on the need for enhanced international action to conserve and protect sharks in passing the Shark Conservation Act. By requirement, the Secretary of Commerce, in biennial reports, is to identify nations whose fishing vessels are engaged in certain IUU fishing, bycatch, and shark fishing practices; describe U.S. consultations with the identified countries to urge appropriate actions; and certify whether such actions subsequent to identification have adequately addressed the offending activities. The Secretary of Commerce has delegated authority to identify and certify countries under the Moratorium Protection Act to the NOAA Assistant Administrator for Fisheries. The Secretary of Commerce is also directed, in consultation with the Secretary of State and in cooperation with relevant regional fishery management councils and any relevant advisory committees, to take certain actions to improve the effectiveness of international fishery management organizations in conserving and managing stocks under their jurisdiction. This book surveys efforts by the United States to strengthen its leadership toward improving international fisheries management and enforcement, particularly with regard to IUU fishing, bycatch of protected living marine resources (PLMRs), and certain shark fishing practices. Furthermore, this book covers issues that have been identified during congressional hearings and in legislation introduced during the last three Congresses, some of which include the flexibility in rebuilding overfished fisheries; annual catch limits; uncertainty and data needs; catch shares (limited access privilege programs); management process and decision making; bycatch; and environmental quality.

This collection addresses the central question of how the current international framework for the regulation of fisheries may be strengthened in order to meet the challenges posed by changing fisheries and ocean conditions, in particular climate change. International fisheries law has developed significantly since the 1990s, through the adoption and establishment of international instruments and bodies at the global and regional levels. Global fish stocks nevertheless remain in a troubling state, and fisheries management authorities face a wide array of internal and external challenges, including operational constraints, providing effective management advice in the face of scientific uncertainty and non-compliance by States with their international obligations. This book examines these challenges and identifies options and pathways to strengthen international fisheries law. While it has a primarily legal focus, it also features significant contributions from specialists drawn from other disciplines, notably fisheries science, economics, policy and international relations, in order to provide a fuller context to the legal, policy and management issues raised. Rigorous and comprehensive in scope, this will be essential reading for lawyers and non-lawyers interested in international fisheries regulation in the context of profoundly changing ocean conditions.

The workshop referred closely to the results of a first workshop held in Bangkok in 2002 (The International Workshop on Factors Contributing to Unsustainability and Overexploitation in Fisheries) but aimed more specifically at answering the following three major questions: What are the major obstacles to the implementation of major legal instruments? What are the main lessons learned and the possible paths to solutions for improved implementation? What are the possible gaps that may exist in these instruments to guide the international community in improving the management of marine fisheries? The workshop was based on a review of eleven case studies, each relating to one of the following categories of fishery: large volume small pelagics; tuna and tuna-like species; large volume demersals; and coastal fisheries. This publication contains the report of the Workshop, discussion papers containing case studies and notes submitted by participants. The document, and in particular the conclusions adopted by workshop participants, will serve as a basis for further analytical work aimed at improved fisheries management and a more effective implementation of major international fisheries instruments.

"A publication of the National Research Council of Canada Monograph Publishing Program."