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Atlantic fisheries and coastal communities: Fisheries decision-making case studies
Book
number of shortcomings. Stress is placed on the tradition of jurisdictional ambiguity which may raise serious problems for the minerals regime negotiations. Among its dated features Mitchell includes the management of the continent by the Consultative Parties with no internationally recognized legal claim to the area. Reference is made to the moratorium recommendation in relation to Japan’s and other Consultative Parties’ offshore seismic surveys and to the environmental damage at the Pointe Geologie airstrip site. Mitchell points out that compulsory jurisdiction and enforcement are important in a minerals agreement. In view of the two examples given, especially that of Pointe Geologie, one may seriously doubt whether the Consultative Parties are capable of policing activities under the Treaty System. If that is so, then the difficulties for a regime covering offshore oil and gas, valuable resources, would be greater. New Zealand and Australian government officials reiterate the central position of sovereignty and Article IV of the Treaty. Taking up the themes of jurisdictional ambiguity and sovereignty Professor Joyner stresses that a failure to deal directly with the question of the ownership of resources will perpetuate serious problems in the future. He also points out the possibility of a review conference. In the general discussion on the topic Mitchell argues that it is not a system but a series of ud hoc arrangements. Although the Contracting Parties have observer status this does not give them any decision-making powers. Behrendt states that the actual data collection for proprietary minerals resources and on-site inspections of such resources may be quite similar, the basic difference being one of publication. One may question whether this distinction will prove workable having regard to past experience with, for example, Antarctic seismic data. Rutford expresses concern that Antarctic resource development may take place for political rather than economic reasons. It may be suggested that much of government support for Antarctic science is given for political reasons. Examples may be
MARINE
POLICY April 1986
found in the reports of the Australian Antarctic Research Policy Advisory Committee and the siting of stations of a number of countries on King George Island. Among the interesting points made with regard to science policy, Rutford argues that the wording of the US guidelines in 1948 is almost identical with the current phraseology. A veteran of the IGY, Henry Francis, considers sovereignty to be very much alive. It is a mistake to attempt to be too tidy regarding jurisdiction. Like others he questions whether the NSF is the most appropriate agency to run US operations. The examination of CCAMLR includes an environmental perspective by Brown and Manheim taking Article II (the conservation principles) as crucial. One might suggest that the organizational framework (Commission, consensus, objection procedure, Scientific Committee) is even more important. Interpretations of Article II are advanced. MacKenzie and Rootes of the House Subcommittee on Fisheries and Wildlife proffer interesting responses of scientists including criticism of NSF for a failure to exercise leadership, assertions of fragmentation of the US research effort, overemphasis of the NSF on theoretical research, loss of US leadership in resource.oriented research and lack of creative innovation. NOAA is criticized for its low level of Antarctic activity. A useful discussion of the economics of Antarctic fisheries by Kaczynski
reviews
examines the overfishing of some species and problems facing krill catching and marketing, including the difficulties of processing, the low recovery rate for krill as fish meal (11X), the short trawling season and consumer resistance to krill products. Sahrhage argues that national quotas may be set by the Commission despite the 1977 understanding.
Overview In a geological overview Hayes states that the multichannel seismic data acquired since 1976 are similar to those collected to assess crustal structure during oil exploration surveys. The Ross Sea is the region of greatest current offshore hydrocarbon interest. On mineral economics Garrett doubts whether oil extraction will ever be cost effective. To make it worthwhile oil prices would have to double and this would make conservation and unconventional sources such as oil shale attractive. On environmental issues Kimball stresses that the regime will be a framework and the principles should be emphasized. Minor criticisms are the lack of an index and in most cases of citations. The volume presents a wide range of views on the main areas of current interest. Francis Auburn University of Western Australia Law School Nedlands Western Australia
Atlantic fisheries management ATLANTIC FISHERIES AND COASTAL COMMUNITIES: FISHERIES DECISION-MAKING CASE STUDIES edited by Cynthia Lamson and Arthur J. Hanson Institute for Resource and Environmental Studies, Dalhousie University, Halifax, NS, 1984, 262 pp, $18.50 In terms of commercial importance, and in terms of regional impact, the most important of Canada’s fisheries are to be found off her Atlantic coasts.
and in particular off the coasts of the provinces of Newfoundland and Nova Scotia. These fisheries were also the ones in which Canada made her greatest gains under Extended Fisheries Jurisdiction. Canada acquired control in this region over immense groundfish resources which had been the targets of many distant-water fishing fleets between the late 1950s and the advent of Canadian Extended Fisheries Jurisdiction in 1977. Canada’s Atlantic fisheries have also, however, been the centre of bitter disputes and equally bitter dis-
159
appointments. In the mid- 1970s. the Atlantic coast fishing industries, although the recipient of large government subsidies, were perilously close to bankruptcy. Participants in the fisheries, particularly the large processing companies, had to be rescued by the federal government. The blame for this crisis could be placed upon the allegedly rapacious, foreign. distant-water fishing fleets ~ or so it seemed. Consequently. one could look forward to ;I new era of prosperity once Canada implemented EFJ and dealt with the distant-water fishing nations. Immediately following the implementation of EFJ, the optimistic projections seemed to be justified. By 1081. however, the Atlantic coast fishing industries were once again facing bankruptcy and once again had to be rescued by the federal government. The federal government responded further to the disappointing results of EFJ by establishing a Royal Commission on Atlantic coast fisheries, popularly known as the Kirby Commission. Arlartric Fisheries attd Coustcrl Cottatrzutziks is a post-Kirby Commission examination of one aspect of the fisheries problem, namely the decision-making process that enters into Atlantic fisheries management. In Canada, control over marine fisher& lies almost exclusively with the federal government. This leads to the claim by participants in Atlantic fisheries that from Ottawa by they are ruled bureaucrats who lack both flexibility and an adequate understanding of local conditions. The federal government has. it is true, made some moves towards decentralizing decision making, but hardly enough to satisfy the aforementioned participants in the fisheries. This book provides the reader with R useful set of discussions of the issue. and offers several different points of view. The essays by Cynthia Lamson, John Kearney and John Kafka are all worthy of careful study. The essay by R. D. S. MacDonald on Atlantic groundfish management is particularly valuable. MacDonald points out that an important barrier to decentralization of
decision making is the fact that the fisheries arc common property resources combined with the fact that there is ;I striking lack of unanimity among the participants in the Atlantic fisheries. There is conflict between processors and fishermen. between inshore and offshore fishery interests and between provinces themselves. There has. in particular, been ;I marked absence of cordiality between Nova Scotia and Newfoundland over fisheries issues since the advent of EFJ.
Charges that the Canadian central government is insensitive and inflexible ‘in its management on Atlantic fisheries may well have considerable merit. For the foreseeable future, however, that government will certainly continue to remain the dominant decision maker in the Atlantic coastal fisheries.
Gordon R. Munro University of British Columbia Vancouver, BC
Foreign fishing L’ACCES DES ETRANGERS A L’EXPLOITATION DES RESSOURCES BIOLOGIQUES DE LA ZONE ECONOMIQUE EXCLUSIVE by Antonio Tavares de Pinho Thesis for the Doctorate in Law, University of Nice, December 1983, pp 574 Although the Law of the Sea Convention was signed barely two-and-a-halfyears ago, and is unlikely to enter into force for some time yet. the concept of 30mile jurisdiction over fisheries is already well established in state practice.’ A substantial body of practice has also been built up over the last six or seven years regarding the conditions under which foreign fishing vessels are allowed ;~ccess to the fishery resources newly under coastal state jurisdiction. For many coastal states, foreign fishing activities are essentially an ephemeral phenomenon, a cluestion of phasing out foreign operations 21s national fisheries expand to take their place. For others. foreign fishing operations in one form or another are liable to be part of the fisheries scene for some time to come. In either case the legal basis on which access ia allowed. and the terms and conditions on which it is allowed, have become more regularized over the last few years as experience has been gained. for example. in methods of calculating fee levels and cost-effective tcchniclues of compliance control. Various aspects of this experience have already been the subject of analysis in ;I
number of articles.’ and in one international consultation preparatory to the FAO World Conference on Fisheries Management and DevAntonio Tavares dc elopmcnt.’ Pinho’s thesis is the first comprehensive survey of all aspects of the topic of conditions of access. In his thesis, Mr Tavares gives tin extensive review of the notion of acct’ss to surplus in the United Nations Convention on the Law of the Sea, including a useful survey of the antecedents of some of the basic notions of the provisions on fisheries in the exclusive economic zone. All too often, faced with some of the loose wording and ambiguities in the final text. one forgets the compromises that led to the deliberate choice of those imprecisions. In the final analysis. ;IS Mr Tavares points out. however, the balance lies heavily in favour of the rights of the coastal state. which has. in practice, almost unlimited discrction in determining the level of the allowable catch, its own harvesting capacity and hence the amount of the surplus that it will allocate to foreign fishing. Most of the limitations on this discretion, such as the rights of landlocked and geographically disadvantaged states. and the ‘rights‘ of fisherm&n who have traditionally fished in the areas now subject to national coastal state jurisdiction, when examincd closely, tend to lose much of their enforceable substance. This impression is reinforced when looking at the practice of coastal states. Although examples are to be found of the use of the criteria for allocating
MARINE
POLICY April 1986
number of shortcomings. Stress is placed on the tradition of jurisdictional ambiguity which may raise serious problems for the minerals regime negotiations. Among its dated features Mitchell includes the management of the continent by the Consultative Parties with no internationally recognized legal claim to the area. Reference is made to the moratorium recommendation in relation to Japan’s and other Consultative Parties’ offshore seismic surveys and to the environmental damage at the Pointe Geologie airstrip site. Mitchell points out that compulsory jurisdiction and enforcement are important in a minerals agreement. In view of the two examples given, especially that of Pointe Geologie, one may seriously doubt whether the Consultative Parties are capable of policing activities under the Treaty System. If that is so, then the difficulties for a regime covering offshore oil and gas, valuable resources, would be greater. New Zealand and Australian government officials reiterate the central position of sovereignty and Article IV of the Treaty. Taking up the themes of jurisdictional ambiguity and sovereignty Professor Joyner stresses that a failure to deal directly with the question of the ownership of resources will perpetuate serious problems in the future. He also points out the possibility of a review conference. In the general discussion on the topic Mitchell argues that it is not a system but a series of ud hoc arrangements. Although the Contracting Parties have observer status this does not give them any decision-making powers. Behrendt states that the actual data collection for proprietary minerals resources and on-site inspections of such resources may be quite similar, the basic difference being one of publication. One may question whether this distinction will prove workable having regard to past experience with, for example, Antarctic seismic data. Rutford expresses concern that Antarctic resource development may take place for political rather than economic reasons. It may be suggested that much of government support for Antarctic science is given for political reasons. Examples may be
MARINE
POLICY April 1986
found in the reports of the Australian Antarctic Research Policy Advisory Committee and the siting of stations of a number of countries on King George Island. Among the interesting points made with regard to science policy, Rutford argues that the wording of the US guidelines in 1948 is almost identical with the current phraseology. A veteran of the IGY, Henry Francis, considers sovereignty to be very much alive. It is a mistake to attempt to be too tidy regarding jurisdiction. Like others he questions whether the NSF is the most appropriate agency to run US operations. The examination of CCAMLR includes an environmental perspective by Brown and Manheim taking Article II (the conservation principles) as crucial. One might suggest that the organizational framework (Commission, consensus, objection procedure, Scientific Committee) is even more important. Interpretations of Article II are advanced. MacKenzie and Rootes of the House Subcommittee on Fisheries and Wildlife proffer interesting responses of scientists including criticism of NSF for a failure to exercise leadership, assertions of fragmentation of the US research effort, overemphasis of the NSF on theoretical research, loss of US leadership in resource.oriented research and lack of creative innovation. NOAA is criticized for its low level of Antarctic activity. A useful discussion of the economics of Antarctic fisheries by Kaczynski
reviews
examines the overfishing of some species and problems facing krill catching and marketing, including the difficulties of processing, the low recovery rate for krill as fish meal (11X), the short trawling season and consumer resistance to krill products. Sahrhage argues that national quotas may be set by the Commission despite the 1977 understanding.
Overview In a geological overview Hayes states that the multichannel seismic data acquired since 1976 are similar to those collected to assess crustal structure during oil exploration surveys. The Ross Sea is the region of greatest current offshore hydrocarbon interest. On mineral economics Garrett doubts whether oil extraction will ever be cost effective. To make it worthwhile oil prices would have to double and this would make conservation and unconventional sources such as oil shale attractive. On environmental issues Kimball stresses that the regime will be a framework and the principles should be emphasized. Minor criticisms are the lack of an index and in most cases of citations. The volume presents a wide range of views on the main areas of current interest. Francis Auburn University of Western Australia Law School Nedlands Western Australia
Atlantic fisheries management ATLANTIC FISHERIES AND COASTAL COMMUNITIES: FISHERIES DECISION-MAKING CASE STUDIES edited by Cynthia Lamson and Arthur J. Hanson Institute for Resource and Environmental Studies, Dalhousie University, Halifax, NS, 1984, 262 pp, $18.50 In terms of commercial importance, and in terms of regional impact, the most important of Canada’s fisheries are to be found off her Atlantic coasts.
and in particular off the coasts of the provinces of Newfoundland and Nova Scotia. These fisheries were also the ones in which Canada made her greatest gains under Extended Fisheries Jurisdiction. Canada acquired control in this region over immense groundfish resources which had been the targets of many distant-water fishing fleets between the late 1950s and the advent of Canadian Extended Fisheries Jurisdiction in 1977. Canada’s Atlantic fisheries have also, however, been the centre of bitter disputes and equally bitter dis-
159
appointments. In the mid- 1970s. the Atlantic coast fishing industries, although the recipient of large government subsidies, were perilously close to bankruptcy. Participants in the fisheries, particularly the large processing companies, had to be rescued by the federal government. The blame for this crisis could be placed upon the allegedly rapacious, foreign. distant-water fishing fleets ~ or so it seemed. Consequently. one could look forward to ;I new era of prosperity once Canada implemented EFJ and dealt with the distant-water fishing nations. Immediately following the implementation of EFJ, the optimistic projections seemed to be justified. By 1081. however, the Atlantic coast fishing industries were once again facing bankruptcy and once again had to be rescued by the federal government. The federal government responded further to the disappointing results of EFJ by establishing a Royal Commission on Atlantic coast fisheries, popularly known as the Kirby Commission. Arlartric Fisheries attd Coustcrl Cottatrzutziks is a post-Kirby Commission examination of one aspect of the fisheries problem, namely the decision-making process that enters into Atlantic fisheries management. In Canada, control over marine fisher& lies almost exclusively with the federal government. This leads to the claim by participants in Atlantic fisheries that from Ottawa by they are ruled bureaucrats who lack both flexibility and an adequate understanding of local conditions. The federal government has. it is true, made some moves towards decentralizing decision making, but hardly enough to satisfy the aforementioned participants in the fisheries. This book provides the reader with R useful set of discussions of the issue. and offers several different points of view. The essays by Cynthia Lamson, John Kearney and John Kafka are all worthy of careful study. The essay by R. D. S. MacDonald on Atlantic groundfish management is particularly valuable. MacDonald points out that an important barrier to decentralization of
decision making is the fact that the fisheries arc common property resources combined with the fact that there is ;I striking lack of unanimity among the participants in the Atlantic fisheries. There is conflict between processors and fishermen. between inshore and offshore fishery interests and between provinces themselves. There has. in particular, been ;I marked absence of cordiality between Nova Scotia and Newfoundland over fisheries issues since the advent of EFJ.
Charges that the Canadian central government is insensitive and inflexible ‘in its management on Atlantic fisheries may well have considerable merit. For the foreseeable future, however, that government will certainly continue to remain the dominant decision maker in the Atlantic coastal fisheries.
Gordon R. Munro University of British Columbia Vancouver, BC
Foreign fishing L’ACCES DES ETRANGERS A L’EXPLOITATION DES RESSOURCES BIOLOGIQUES DE LA ZONE ECONOMIQUE EXCLUSIVE by Antonio Tavares de Pinho Thesis for the Doctorate in Law, University of Nice, December 1983, pp 574 Although the Law of the Sea Convention was signed barely two-and-a-halfyears ago, and is unlikely to enter into force for some time yet. the concept of 30mile jurisdiction over fisheries is already well established in state practice.’ A substantial body of practice has also been built up over the last six or seven years regarding the conditions under which foreign fishing vessels are allowed ;~ccess to the fishery resources newly under coastal state jurisdiction. For many coastal states, foreign fishing activities are essentially an ephemeral phenomenon, a cluestion of phasing out foreign operations 21s national fisheries expand to take their place. For others. foreign fishing operations in one form or another are liable to be part of the fisheries scene for some time to come. In either case the legal basis on which access ia allowed. and the terms and conditions on which it is allowed, have become more regularized over the last few years as experience has been gained. for example. in methods of calculating fee levels and cost-effective tcchniclues of compliance control. Various aspects of this experience have already been the subject of analysis in ;I
number of articles.’ and in one international consultation preparatory to the FAO World Conference on Fisheries Management and DevAntonio Tavares dc elopmcnt.’ Pinho’s thesis is the first comprehensive survey of all aspects of the topic of conditions of access. In his thesis, Mr Tavares gives tin extensive review of the notion of acct’ss to surplus in the United Nations Convention on the Law of the Sea, including a useful survey of the antecedents of some of the basic notions of the provisions on fisheries in the exclusive economic zone. All too often, faced with some of the loose wording and ambiguities in the final text. one forgets the compromises that led to the deliberate choice of those imprecisions. In the final analysis. ;IS Mr Tavares points out. however, the balance lies heavily in favour of the rights of the coastal state. which has. in practice, almost unlimited discrction in determining the level of the allowable catch, its own harvesting capacity and hence the amount of the surplus that it will allocate to foreign fishing. Most of the limitations on this discretion, such as the rights of landlocked and geographically disadvantaged states. and the ‘rights‘ of fisherm&n who have traditionally fished in the areas now subject to national coastal state jurisdiction, when examincd closely, tend to lose much of their enforceable substance. This impression is reinforced when looking at the practice of coastal states. Although examples are to be found of the use of the criteria for allocating
MARINE
POLICY April 1986