Chapter 16. Performance Reviews Of Regional Fisheries Management Organizations

Abstract

[ This chapter provides an impressionistic look at how the ecosystem and precautionary approaches have been faring in international practice with three nautical images helping capture the realities. The approaches represent beacons of hope offering powerful beams of guidance on how to avoid the shoals of degraded ecosystems and depleted fisheries. Seas of confusion also describe the approaches in light of continuing disagreements over terminology, the wide array of implementation measures available, differing academic views on the implications for fisheries management and still limited interpretation of international tribunals. Seas of illusion characterize a third reality with implementation largely an illusion at the regional level as exemplified by three Atlantic regional fisheries management organizations (RFMOs)- the Northwest Atlantic Fisheries Organization (NAFO), the North Atlantic Salmon Conservation Organization (NASCO), and the International Commission for the Conse Keywords:beacons of hope; ecosystem approach; ICCAT; International fisheries governance; north Atlantic Salmon conservation organization (NASCO); northwest Atlantic fisheries organization (NAFO); regional fisheries management organizations (RFMOs); seas of confusion; seas of illusion , This chapter analyzes the mechanisms and principles developed in international fisheries law to address the question of allocation of fishing opportunities. It first examines some general aspects of allocation of living marine resources. Then, it describes the history behind the establishment of total allowable catches and national allocation as a fisheries management tool in international fisheries, as well as the continuing search for guiding principles ruling allocation decisions. The chapter critically analyzes the current legal framework and the current practices of regional fisheries management organizations/arrangements (RFMO/As) from the perspective of equity. In particular, 'equitable access and allocation' and the principle of common but differentiated responsibility are explored as means to introduce (or reinforce) equity in the normative framework for the adoption of allocation decisions. The chapter focuses only on stocks that have a high seas component. Keywords:fishing opportunities; high seas; international fisheries law; regional fisheries management organizations (RFMOs) ]