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Pelagic fishing and protection of cetaceans: Two contrasting rights?
0025-326X(95)00083-6
Pelagic Fishing and Protection of Cetaceans: Two Contrasting Rights? Intensive fishing of tuna and swordfish in the Mediterranean, with pelagic nets over 10 km long known as drift nets, has been found to cause severe harm to stocks of fish, because it is unselective. Most of the individuals captured are still very young and have no commercial value. This results in a gradual decrease in the average size of species fished, so that other categories of fishing operators, even those making use of different fishing techniques, also suffer considerable economic disadvantage. In addition, numerous species that cannot be utilized economically, such as turtles, sea birds and cetaceans, die by becoming caught in this wall of nylon stretched out by hundreds of boats over hundreds of miles. In order to make this type of fishing less destructive, the EC has issued Directive No. 345/1992, limiting the length of drift nets to a maximum of 2.5 km. However, this ruling does not affect fishermen not bound by EEC regulations, who thus continue to operate outside territorial waters. This has led to frequent polemics between fishing categories of different countries, and there have also been protests by environmental associations. According to Greenpeace, illegal operations are widespread throughout the Mediterranean. Recently, the EC has dispatched inspectors to assess compliance with the ruling by the various national authorities. From the extensive data available, it would appear that every year roughly 5000 individuals of the dolphin Srenella cuerulea albu are killed, out of an estimated total Mediterranean Stendu population of 100 000 individuals. This mortality rate is considered by experts of the Oceanographic Institute of La Jolla (California) to be unsustainable. Furthermore, in addition to these dolphins, a number of other cetaceans that are notably rarer in the Mediterranean also meet their death, such as sperm whales (Physeter mucrocephuh) and globicephala (Grumpusfriseus). The number of carcasses of these species recovered every year is certainly much lower compared to Stenellu, but it should be considered that the overall Mediterranean population of globicephala is limited to a few hundred individuals. The sperm whale population is likewise highly limited, and it is above all young individuals that become caught in the drift nets. In 1993, twelve individuals were found off the coast of the BaIearic islands, six of which were still entangled in pieces of netting. In order to address this problem on a scientific and judicial basis, and to set it within an appropriate framework of protection of the marine environment, in 1992 the RIMMO Association (Reserve Internationale Maritime en Mediterranee Occidentale) was founded. This non-governmental association, with headquarters at Antibes, is headed by M. Riddel. The scientific 290
Marine Pollution Bulkfin, Vol. 30, No. 5, p. 290,1995 Elsevier Science Ltd Printed in Great Britain 0025-326X/95 $9.50+0.00
committee, chaired by M. Aubert, includes members belonging to UNEP, the European Commission or ICSEM, as well as representatives of the seven countries bordering on the western Mediterranean basin. RIMMO aims to become a focal point for debate on proposals concerning protection of the marine environment in general, and cetaceans in particular, promoting scientific discussion on objectives and concrete proposals. Since it was set up, it has already organized three international conferences, co-ordinated sea research campaigns and promoted the gathering of bibliographical data to be made available to the scientific world. At the 3rd International Conference organized by RIMMO, held in Antibes from 2-5 November 1994 and attended by 70 experts from eleven countries, both scientific and also more strictly judicial subjects were discussed. The scientific session dealt with the present state of research on Mediterranean cetaceans, with particular emphasis on a census of the individual species and a description of their distribution and behaviour in response to environmental conditions. Data were also illustrated and discussed concerning sound emissions recorded with multidirectional hydrophones, which allow identification of the presence of cetaceans within a radius of S-10 nautical miles. The judicial session analysed prospects for the establishment of special protected marine areas outside territorial waters, to be recognized at the international level. This proposal raises considerable difficulties since there is no exclusive economic zone in the Mediterranean. However, the United Nations convention on marine law came into force on 16 November 1994, thus laying the premises for requiring certain safeguards to be recognized even in international waters, on the basis of recent measures undertaken by states and international organizations. Significant steps in this direction have already been taken in the form of the declaration of co-ordinated extension of jurisdiction in the North Sea, adopted in Paris on 22 September 1992; the political intent expressed by states bordering on the Mediterranean to promote the concept of lasting development as part of Mediterranean judicial tools (Declaration of Tunis, 2 November 1984); the regulations laid down by the Council of Europe on 27 June 1994 concerning environmental protection and fishery management, which set up several technical measures for conservation of fishing resources in the Mediterranean. It is clear, however, that until the judicial problem is resolved, it will be difficult to achieve international cooperation which, in reconciling the economic and social rights of the states involved, allows the establishment of vast marine areas in international waters where cetaceans can be protected successfully by specific regulations. In fact, outside territorial waters international law grants freedom of fishing and sailing. This limits the possibility for the majority of Mediterranean basin countries to develop and extend interventions in the frame of a rational resource management policy, for preservation of species of great interest. G. COGNETTI
Pelagic Fishing and Protection of Cetaceans: Two Contrasting Rights? Intensive fishing of tuna and swordfish in the Mediterranean, with pelagic nets over 10 km long known as drift nets, has been found to cause severe harm to stocks of fish, because it is unselective. Most of the individuals captured are still very young and have no commercial value. This results in a gradual decrease in the average size of species fished, so that other categories of fishing operators, even those making use of different fishing techniques, also suffer considerable economic disadvantage. In addition, numerous species that cannot be utilized economically, such as turtles, sea birds and cetaceans, die by becoming caught in this wall of nylon stretched out by hundreds of boats over hundreds of miles. In order to make this type of fishing less destructive, the EC has issued Directive No. 345/1992, limiting the length of drift nets to a maximum of 2.5 km. However, this ruling does not affect fishermen not bound by EEC regulations, who thus continue to operate outside territorial waters. This has led to frequent polemics between fishing categories of different countries, and there have also been protests by environmental associations. According to Greenpeace, illegal operations are widespread throughout the Mediterranean. Recently, the EC has dispatched inspectors to assess compliance with the ruling by the various national authorities. From the extensive data available, it would appear that every year roughly 5000 individuals of the dolphin Srenella cuerulea albu are killed, out of an estimated total Mediterranean Stendu population of 100 000 individuals. This mortality rate is considered by experts of the Oceanographic Institute of La Jolla (California) to be unsustainable. Furthermore, in addition to these dolphins, a number of other cetaceans that are notably rarer in the Mediterranean also meet their death, such as sperm whales (Physeter mucrocephuh) and globicephala (Grumpusfriseus). The number of carcasses of these species recovered every year is certainly much lower compared to Stenellu, but it should be considered that the overall Mediterranean population of globicephala is limited to a few hundred individuals. The sperm whale population is likewise highly limited, and it is above all young individuals that become caught in the drift nets. In 1993, twelve individuals were found off the coast of the BaIearic islands, six of which were still entangled in pieces of netting. In order to address this problem on a scientific and judicial basis, and to set it within an appropriate framework of protection of the marine environment, in 1992 the RIMMO Association (Reserve Internationale Maritime en Mediterranee Occidentale) was founded. This non-governmental association, with headquarters at Antibes, is headed by M. Riddel. The scientific 290
Marine Pollution Bulkfin, Vol. 30, No. 5, p. 290,1995 Elsevier Science Ltd Printed in Great Britain 0025-326X/95 $9.50+0.00
committee, chaired by M. Aubert, includes members belonging to UNEP, the European Commission or ICSEM, as well as representatives of the seven countries bordering on the western Mediterranean basin. RIMMO aims to become a focal point for debate on proposals concerning protection of the marine environment in general, and cetaceans in particular, promoting scientific discussion on objectives and concrete proposals. Since it was set up, it has already organized three international conferences, co-ordinated sea research campaigns and promoted the gathering of bibliographical data to be made available to the scientific world. At the 3rd International Conference organized by RIMMO, held in Antibes from 2-5 November 1994 and attended by 70 experts from eleven countries, both scientific and also more strictly judicial subjects were discussed. The scientific session dealt with the present state of research on Mediterranean cetaceans, with particular emphasis on a census of the individual species and a description of their distribution and behaviour in response to environmental conditions. Data were also illustrated and discussed concerning sound emissions recorded with multidirectional hydrophones, which allow identification of the presence of cetaceans within a radius of S-10 nautical miles. The judicial session analysed prospects for the establishment of special protected marine areas outside territorial waters, to be recognized at the international level. This proposal raises considerable difficulties since there is no exclusive economic zone in the Mediterranean. However, the United Nations convention on marine law came into force on 16 November 1994, thus laying the premises for requiring certain safeguards to be recognized even in international waters, on the basis of recent measures undertaken by states and international organizations. Significant steps in this direction have already been taken in the form of the declaration of co-ordinated extension of jurisdiction in the North Sea, adopted in Paris on 22 September 1992; the political intent expressed by states bordering on the Mediterranean to promote the concept of lasting development as part of Mediterranean judicial tools (Declaration of Tunis, 2 November 1984); the regulations laid down by the Council of Europe on 27 June 1994 concerning environmental protection and fishery management, which set up several technical measures for conservation of fishing resources in the Mediterranean. It is clear, however, that until the judicial problem is resolved, it will be difficult to achieve international cooperation which, in reconciling the economic and social rights of the states involved, allows the establishment of vast marine areas in international waters where cetaceans can be protected successfully by specific regulations. In fact, outside territorial waters international law grants freedom of fishing and sailing. This limits the possibility for the majority of Mediterranean basin countries to develop and extend interventions in the frame of a rational resource management policy, for preservation of species of great interest. G. COGNETTI