Fisheries Law Research Articles

Toward “climate-driven”: innovation on legislation of modern marine fisheries law under era of blue carbon

Abstract Over the past decade, there has been increasing interest in the blue carbon project, which uses marine activities and organisms to take up carbon dioxide from the atmosphere and store it in ocean. Important question in contemporary and future fisheries management is how to coordinate the relationship among the offshore fishery, the fisheries resource conservation and blue carbon projects. Through comparative studies and normative analysis, this study explores the legislative aims of some representative international and national fisheries legislation and their creative reforms in recent years. The legislative purpose of fisheries laws has traditionally been to keep fishery resources above the Maximum Sustainable Yield (MSY) standard, while marine carbon sink resource protection is marginally inadequate. Given that the blue carbon project is inseparable from future fisheries industry development, the protection of marine carbon sink resources needs to be incorporated into the legislative aim of fisheries law in the future.

Fisheries law enforcement in the yellow sea by Chinese coast guard agencies: Legal sources, core issues and dispute settlement

As an important aspect of maritime law enforcement, fisheries law enforcement is no longer solely within the sovereignty of coastal states. Instead, it has become a complex issue of domestic and international law, especially in disputed waters. This essay focuses on the Yellow Sea area, first sorting out the legal sources of fisheries law enforcement by Chinese Coast Guard Agencies, and then discussing core issues closely related to fisheries law enforcement in the region, including the definition of Chinese jurisdictional waters, the right to use weapons by authorized agencies, and administrative procedures for fisheries law enforcement. Meanwhile, this essay considers alternative options and potential pathways on both domestic and international levels, through which China and South Korea might settle their disputes arising from fisheries law enforcement activities. On this basis, a regional cooperation framework is argued to be established to eliminate differences, reach consensus, and promote peaceful, harmonious, and effective fisheries law enforcement activities between the two states.

KAJIAN KAPAL BERBENDERA INDONESIA YANG MELAKUKAN PENANGKAPAN IKAN TANPA SURAT IZIN PENANGKAPAN IKAN ANDON DITINJAU DARI UNDANG-UNDANG PERIKANAN

Andon Fishing Permit is a written permit that must be owned by every fishing vessel to catch fish outside its administrative domicile area, but there are still parties who catch fish outside their domicile without an Andon SIPI as in Decision Number 23/Pid.Sus-PRK/2021/PN Lbj. The problem is 1) How are fishing business activities carried out by Indonesian-flagged vessels without an Andon Fishing Permit in Decision Number 23/Pid.Sus-PRK/2021/PN Lbj. reviewed from the Fisheries Law? 2) Is the Decision of the Labuan Bajo District Court Number 23/Pid.Sus-PRK/2021/PN Lbj. in accordance with the Fisheries Law? This normative legal research. The research shows that fishing outside the administrative domicile without an Andon Fishing Permit (SIPI) is prohibited under Law Number 45 of 2009 in conjunction with Ministerial Regulation KP Number 25 of 2020. Decision Number 23/Pid.Sus-PRK/2021/PN Lbj. aligns with Article 27 paragraph 1 of the Fisheries Law 2009. The conclusion is that fishing without a permit violates the Fisheries Law, and the court's decision complies with the legal provisions.

Stimulating the capacity to govern the commons.

The ability to strengthen governance institutions and fisheries restrictions and laws is needed to improve conservation and management of common-pool resources. We evaluated the potential for stimulating change with modest interventions by studying fishing village households before and after a 27-month intervention period in a high-priority coral reef conservation area. Interventions included training in catch monitoring, stock assessment, mapping fishing grounds, microcredit, gender inclusion, theatrical skills, fuel efficient stoves, and participation in the planning of a conservation proposal. There was a background increase in reported formal education, household size, group membership, and household wealth but a decrease in fish consumption and public services. Of conservation importance, the perceived strength of 13 governance institutions and benefits of 6 fisheries restrictions increased over the intervention period. Finally, correspondence between knowledge of and agreement with recent national fisheries laws was moderate to high and positively correlated. The intervention period was stronger than demographic factors that often influence perceptions, such as village, government services, gender, household size, membership in community groups, and age responses. In general, perceptions of strengths of governance and benefits of restrictions increased more among women and youth than adult men respondents. The largest changes in perceptions of increased benefits were among strict restrictions initially ranked low, specifically fisheries closures, parks, and species restrictions. Consequently, capacity building overrode demographic factors common to poor people with limited employment capacity that can have negative perceptions of strict conservation.

China's Legal Governance Approaches toward Safeguarding Its Maritime Rights and Interests

Ocean development is crucial for modern states, and the importance of safeguarding and developing ocean rights and interests is becoming increasingly apparent. Economic development relies on the ocean, as does national sovereignty, security, and interests. In addition, national political and military development also depends on the ocean. China has long been committed to safeguarding its own ocean rights and interests, while also actively promoting the development of the international legal order for the ocean. In terms of international legislation, the United Nations Convention on the Law of the Sea provides a legal basis for safeguarding ocean rights and interests and plays a regulatory role in the maintenance of maritime rights and interests for all states. In terms of domestic legislation, many ocean laws in China play an important role in safeguarding China's maritime security and ocean rights and interests. As an important part of the legal system for safeguarding ocean rights and interests, maritime law enforcement has practical significance in the application of national jurisdiction at sea. China's maritime law enforcement, centered on safeguarding ocean rights and interests, is carried out by the reorganized China Coast Guard, guided by domestic and international legal norms, and strictly combats illegal and criminal activities at sea through international cooperation to protect the sustainable development of marine resources and environment and to safeguard international maritime public security and order while guaranteeing ocean rights and interests. In terms of judicial practice, China has already used legal means to effectively safeguard ocean rights and interests in the areas of marine environmental protection, maritime rights protection, fisheries law enforcement, and maritime traffic safety.

Implementation and Elimination of Actions Criminal Illegal Fishing Towards the Development of Sustainable Fisheries

Objective. To analyze legal political reforms in the Fisheries Law to enforce the law and eradicate the criminal act of IUU Fishing in the development of sustainable fisheries in Indonesia. Design/Methodology/Approach. Using empirical (non-doctrinal) research methods with statutory, conceptual, and comparative approaches. Results/Discussion. Factors that cause ineffective law enforcement against illegal fishing include weaknesses in legal substance, institutional structure, and legal culture, especially related to the formulation of criminal sanctions. The concept of political reform of fisheries law must include revision of laws, adoption of international law, as well as changes in the law enforcement model through an integrated criminal justice system approach, with the top coordinator of the Ministry of Maritime Affairs and Fisheries. Conclusions. Legislative reform, adoption of a multi-legal regime approach, extraterritorial jurisdictional authority, and active community participation are needed to increase the effectiveness of law enforcement and support sustainable development in the fisheries sector. Originality/Value. Highlights aspects of implementing and eradicating illegal fishing, with an emphasis on increasing law enforcement for sustainable fisheries development.

Uncertain, unstable and unequal: Can regime interaction help international fisheries law address anthropocene challenges?

The term “Anthropocene” has become ubiquitous within debates on the future of international environmental law. While contested, it can generally be understood to refer to the fundamental idea that the world has entered a new era in which human activities, more than any other factor, are the driving force for change within the Earth system. This concept has inspired a rethinking of traditional international environmental law in line with the challenges that are expected to result from human-induced environmental impacts. This article explores how the Anthropocene will challenge international fisheries law and how understanding the role of regime interaction as a central characteristic of international law will be a necessary part of addressing these challenges. In order to determine what might be said to constitute Anthropocene conditions the article explores the effects of human activities on two core planetary boundaries, climate change and biosphere integrity, in the context of the world’s oceans. Through examining the human-induced threats to these boundaries, common themes of uncertainty, instability and inequality within the Anthropocene ocean are identified, highlighting broadly the ways in which the current international fisheries legal regime alone is inadequate to achieve its goals in the Anthropocene context. This article proposes that enhanced regime interaction, between related regimes such as international fisheries law, international climate change law and international biodiversity law could allow international fisheries law to be more readily able to meet the uncertain, unstable and unequal Anthropocene context.

Ecological implications of unintentional aquaculture escapees: an overview of risks, remediation strategies and knowledge gaps in the aquaculture sector of India and riparian East African countries

The global expansion of aquaculture has driven significant technological advancements, including raceways, Integrated Multitrophic Aquaculture (IMTA) and marine offshore cages. However, unregulated aquaculture escapees pose a severe threat to aquatic biodiversity, acting as a potential time bomb for the entire ecosystem. Addressing this issue requires a comprehensive understanding of the impact of unintentional escapees on aquatic ecosystems, particularly in India and riparian East African countries (Kenya, Uganda, and Tanzania). Using an exploratory research design drawing from various peer-reviewed sources, this study outlines the dynamic growth of aquaculture in these countries, identifies high-impact escape incidents, and correlates risks and remedies with global cases, especially in regions such as Norway, Scotland, Ireland, Colombia, and the United States, where serious incidents of aquaculture escapees have been reported. The research categorizes aquaculture development trends, discusses mechanisms of escapee impact, proposes remedies, assesses methods and inferential strength, and highlights gaps in the existing literature. The study revealed complex ecological shifts caused by aquaculture escapees from invasive non-native fish species, affecting predation, competition, and genetic diversity. Escaped fish from aquaculture facilities pose a significant threat to aquatic biodiversity, especially in the study regions. The escalating risk of unintentional escapes was highlighted in India and three East African countries. To mitigate this, the study proposes integrating escapee management into national fisheries systems, amending fisheries laws, holding fish farmers accountable for aquaculture system failure, and developing comprehensive regulations for non-native species in aquaculture within the study regions. It is recommended to standardize the planning for aquaculture facilities and implement emergency plans, training, local mobilization and further research on the impact thresholds of aquaculture escapees in the study regions. Ecological education in aquaculture communities and the recognition of the role of translational scientists are crucial for the dissemination of knowledge. Urgent government action is needed to address unreported aquaculture escapes, preventing further ecosystem degradation and ensuring global aquaculture sustainability.

Fostering Stewardship in Managing Fisheries and Aquatic Resources in the Lens of Green Criminology

Illegal fishing imperils Gulf ecosystems, prompting this qualitative study, rooted in green criminology and purposive sampling, to explore stewardship in fisheries and aquatic resource management. Police officers (Bantay Dagat), BFAR representatives, Barangay Officials, and Fisherfolks were interviewed. This study revolved around three main thrusts: (1) common law violations relative to the fishery and aquatic resources law violations; (2) the reasons/motivational factors of engaging in the fishery and aquatic resources law violations; and (3) measures on how the community can foster stewardship in managing fisheries and aquatic resources. The findings proved that the illegal fishing activities in municipal waters and marine protected areas were done for higher income and economic sustenance but posed various threats to the sustainability of aquatic and fishery resources and the environment in Leyte Gulf. The study also found that the community can foster stewardship through participatory enforcement of aquatic and fishery laws and programs and the provisions of equipment and resources needed for more effective patrol and surveillance of marine waters to prevent and combat illegal fishing. Keywords: Green Criminology, Illegal Fishing, Stewardship, Leyte Gulf

AKIBAT HUKUM PENANGKAPAN IKAN DENGAN TIDAK MEMILIKI SURAT IZIN PENANGKAPAN IKAN (STUDI PUTUSAN NOMOR 2/PID.SUS-PRKN/2019/PN.MME)

A fishing license is a written permitthat every fishing vessel must have to conduct fishing. The formulation of the problem in this study is how fishing by Gani who does not have a fishing license (SIPI) is reviewed from the Fisheries law, and what are the legal consequences of fishing by Gani without a Fishing License (SIPI) based on the Study of decision Number 2/Pid.Sus-Prkn/Pn.Mme. This research uses descriptive normative legal research methods, the type of data uses secondary data and is studied qualitatively, so that way of drawing conclusions uses deductive logic. This research leads to regulations on the supervision and control of fishing activities that damage fisheries resources, which in this case are regulated in west Nusa Tenggara Province Regional Regulation Number 8 of 2020. The result of the study explain that Gani in conducting fishing has violated the provisions of the Fisheries Law, violating the licensing requirements and the use of fishing gear, namely compressors, which caused gani as a ship owner to be found guilty of committing a fishing crime, namely violating Article 27 paragraph 1 of the Fisheries Law, because a Fishing License must be owned when fishing.

Legal Protection of Portunus Pelagicus: An International Fisheries Law Perspective in the Republic of Indonesia's Fisheries Management Area 713

The demand for Portunus pelagicus exports is increasing, which is encouraging more Portunus pelagicus capture. As a result, portunus pelagicus resources become available. The aim of this study is to examine the legal protection of portunus pelagicus based on international fisheries law in the Fisheries Management Area of the Republic of Indonesia (WPPRI) 713 and law enforcement against illegal rajuangan capture. The research method is qualitative research using an empirical normative approach. The findings revealed that the Indonesian government has incorporated international fisheries law into national legislation governing the management of Portunus pelagicus in Indonesian fisheries management areas. Administrative sanctions are used by law enforcement to punish non-compliant Portunus pelagicus fishing. In comparison to criminal and civil sanctions, this sanction is effective because it can be directly enforced by administrative officials. The government and the community share responsibility for the protection, utilization, and preservation of portunus pelagicus so that future generations are able to enjoy it.

Law Enforcement Strategies and Policies for Money Laundering from Predicate Crime in Fisheries

Law enforcement on money laundering originating from criminal acts in the field of fisheries (Illegal Fishing) after the Constitutional Court Decision Number 15/PUU-XIX/2021, which is not only the duty of investigators in the field of fisheries, but also the public prosecutor and judges in court who will process the results investigation at trial level. For this reason, each of these law enforcement officers must have the same perception in law enforcement as stipulated in the laws and regulations in the field of fisheries. This paper aims to find out the investigation of money laundering where the predicate crime is in the field of fisheries related to the differences in the respective procedural law and to find out the authority of the Special Fisheries Court to adjudicate money laundering cases where the predicate crime is in the fishery sector. This research used normative or doctrinal methods. The recommendation from the author is that the investigation of money laundering cases where the predicate crime is in the field of fisheries is carried out by separating the case files of criminal acts in the field of fisheries from the files of investigations of money laundering crimes but the investigation is still carried out in parallel. Regarding the authority of the special court for fisheries, judges at the special court for fisheries can interpret the law to mean that based on Article 71 of the Fisheries Law, the special court for fisheries has the authority to examine, adjudicate, and decide on money laundering cases where the predicate crime is in the field of fisheries.

Fighting fisheries crimes in the fisheries industry: Practical training reflections of the efficacy of Namibia’s fisheries law enforcement

Fighting fisheries crimes in the fisheries industry: Practical training reflections of the efficacy of Namibia’s fisheries law enforcement

Vulnerability assessment of the pink shrimp small-scale fishery to climate change in southwestern Atlantic brackish coastal lagoons (Uruguay)

Assessing vulnerability using semi-quantitative approaches provide an opportunity to analyze conditions of exposure, sensitivity and adaptive capacity of socio-ecological systems concerning climate change drivers and anthropogenic factors. We assessed the vulnerability of the small-scale pink shrimp fishery of Castillos and Rocha lagoons, two coastal Uruguayan ecosystems of the southwest Atlantic, considering social factors and climate change drivers which affect atmospheric-oceanographic conditions regionally and locally. Using a risk approach, we evaluated the ecological system's exposure to environmental drivers. Then we estimated the sensitivity and adaptive capacity of fishers and the local community (social system). High vulnerability found for this fishery results from a combination of large-scale environmental drivers impacting the ecological system, and social factors causing high sensitivity and low adaptive capacity of the social system. High risk level with adverse ecosystem effects triggered by climate change drivers acting on the distribution of this migratory crustacean in the southwest Atlantic region could promote adverse consequences on harvest duration and shrimp catch levels in the Uruguayan coastal lagoons. Fishers and their communities showed high sensitivity to a set of (demographic, economic, governance, cultural and technological) factors. The social system of both lagoons showed a low adaptive capacity to prevent social impacts or to mitigate climate change hazards. A broad set of social indicators was identified in Rocha lagoon to enhance fishers and community resilience, while the indicator set was narrower in Castillos lagoon. Lastly, weak governance, dormant fisheries laws, non-compliance of fisheries regulations and lack of climate early warning monitoring hamper the adaptability of these small-scale fisher communities under global change scenarios. Comparative evaluation of spatial, environmental and social settings between lagoons can offer lessons for upscaling the assessment and adaptation measures to other small-scale fisheries regionally and globally.

Ecosystem Management Policy Implications Based on Tonga Main Tuna Species Catch Data 2002–2018

Despite the crucial role played by international and regional tuna fisheries in facilitating the successful implementation of the ecosystem approach to fisheries management, there exist disparities in viewpoints among these stakeholders, resulting in gaps between regional fisheries management and local communities. Nevertheless, the Tongan government, under the Ministry of Fisheries, is dedicated to the efficient management of its tuna resources, aiming to establish it as the preferred and optimal approach for ensuring the long-term sustainability of its tuna fisheries and the ecosystem services they provide to the community. Recognizing that an appropriate legal, policy and institutional framework is in place for sustainable management of tuna, the first part of this paper presents a review of current Tonga fisheries laws and policies for its tuna fisheries. This review reflects the implementation of an information-based management framework, namely the Tonga National Tuna Fishery Management and Development Plan. The tuna fisheries in Tonga mainly catch albacore (Thunnus alalunga), bigeye (Thunnus obesus), skipjack (Katsuwonus pelamis), and yellowfin (Thunnus albacares) tuna. These tuna species are caught within Tonga’s exclusive economic zones and play a crucial role in the country’s economy; hence, it is crucial to examine the spatio-temporal distributions of their catch in relation to their environmental conditions. In pursuit of this goal, the tasks of mapping (i) the spatio-temporal distribution of catch landed at ports and (ii) the spatio-temporal of environmental conditions were performed. The study utilizes longline catch per unit effort data spanning from 2002 to 2018 for albacore, bigeye, skipjack, and yellowfin tuna. It also incorporates data on environmental conditions, including sea surface temperature, sea surface chlorophyll, sea surface current, and sea surface salinity. Additionally, the El Nino Southern Oscillation Index is mapped in relation to catch data to examine the potential effects of climate change on the tuna catch. Results show that bigeye, skipjack, and yellowfin CPUE show a central–northernmost distribution and are primarily caught between latitudes 14° S–22° S, while albacore, shows a central–southern distribution. The highest CPUE for all species are in latitudes 15.5° S–22.5° S and longitudes 172.5° W–176.5° W. The data indicate that sea surface current velocities range from −0.03 to 0.04 ms−1, sea surface salinity ranges from 34.8 to 35.6 PSU, sea surface chlorophyll concentration varies from 0.03 to 0.1 mg m−3, and sea surface temperature fluctuates seasonally, ranging from 18 °C to 30 °C. Mapping also reveals that times of reduced catches in Tonga coincide with periods of moderate to strong El Nino events from 2002 to 2018.

Criminal Law Enforcement in Efforts to Eradicate Illegal Fishing in the Malacca Strait

The purpose of this study is to understand and review criminal law enforcement policies related to efforts to eradicate illegal fishing activities in the Malacca Straits, as well as understand and evaluate the criminal responsibility of illegal fishing actors in the Malacca Straits. This study uses normative legal research methods, with a statutory approach (statute approach), conceptual approach (conceptual approach), and case approach (case approach) in legal analysis. The research method used is qualitative, with descriptive problem solving procedures, and conclusions drawn through deductive reasoning. The results of the study reveal that Indonesia has established a criminal law enforcement policy to tackle illegal fishing throughout the Republic of Indonesia's Fisheries Management Area (WPPNRI) in accordance with the fisheries law. The Malacca Strait is one of the WPPNRI that has been established in Indonesia, especially WPPNRI 571. Therefore, the implementation of criminal law enforcement policies to eradicate illegal fishing in the Malacca Strait fully refers to the fisheries regulations in force in Indonesia. Furthermore, the fisheries law includes elements of criminal responsibility for illegal fishing actors in the stipulated WPPNRI. Given that the Malacca Strait is one of the WPPNRI.

Exclusive Economic Zone: Contemporary Law of the Sea Fisheries Regulations

The sea as an important area in a country must be able to be maintained both for state sovereignty and respect for sovereign rights. This is regulated in the jurisdiction of the territorial sea regime which applies sovereignty and the EEZ regime which applies sovereign rights. This research analyzes the background of agreements on international regulation of the sea and the utilization of fisheries which are also regulated in international law. The current international law of the sea only strictly regulates regional regimes and territorial jurisdiction, while the nature of fisheries cannot follow this. This research method is normative where international fisheries law arrangements still do not exist. The vacuum of international norms is only filled by weak international agreements and their implementation cannot be forced. The history of the current international law of the sea shows that the basis of the agreement is only related to territory and respect for maritime law in the form of international customs. It needs to be understood that the sea as a natural area must be used in a sustainable manner and also must not violate, so the marine potential, especially fisheries, needs to be agreed with strict sea area regulations and optimal utilization within the framework of the welfare and sustainability of marine ecosystems.

Study of Fisheries Law For The Development of the Aquaculture Sector In Land Based Areas

Study of Fisheries Law For The Development of the Aquaculture Sector In Land Based Areas

THE FISHERIES SECTOR IN GHANA: INSTITUTIONAL AND REGULATORY GAPS, CHALLENGES AND FUTURE PROSPECTS

The fisheries sector in Ghana contributes significantly to its socio-economic development. The sector contributes about 4.5% of Ghana’s Gross Domestic Product (GDP) and provides livelihood for an estimated 10% of the population.[1] The Ghanaian fishing fleet is made up of artisanal or canoe, inshore or semi-industrial, industrial trawler and tuna fleets,[2] all of which are regulated by the Fisheries Commission (FC). This paper examines the inherent institutional and procedural contradictions undermining the implementation of fishery law and policy in Ghana. The paper adopted a review approach by reviewing relevant literature including policies and legal documents, reports, journal articles, newspaper articles and interviews. The study reveals that contradictions undermining fisheries law implementation is due mainly to weak and inadequate enforcement, low compliance of fisheries laws, and inadequate institutional and human capacity.[3] The paper concluded that there is a lack of administrative and technical capacity, inadequate funding, and political influence during the prosecution of violators.[4] The paper recommended the need to increase funding for regulatory agencies, enhancement of human and institutional capacity, involvement of stakeholders in decision-making of fisheries management, continuous and effective collaboration with international donors, and between stakeholders.

SEASID: Study on Enforcement of Amended Fisheries Law Specific at Verde Island Passage: Input to Improvement and Development of Policy Alternatives

This study was designed to understand the enforcement of amended Fisheries Law Specific at Verde Island Passage(VIP). The study described the situation in the VIP and the efforts to solve the Illegal, Unreported and Unregulated (IUU) Fishing in VIP Batangas Marine Key Biodiversity Areas (MKBAs) toward formulation of policy alternatives. Data were gathered through interviews among stakeholders. The data went through two-level coding and were further analyzed. The amended Fisheries Law were analyzed by its performance with stakeholders as participants. Results showed that issues on amended Fisheries Law enforcement in VIP MKBAs are associated in the enforcement associated with the use of force; enforcement will always involve conflict; enforcement always involves risk; and enforcement is often costly and complex. In fact, it also reveals that the weak implementation roots from the local governance who is influenced by politics. The two policy alternatives identified were: 1) Pursuance of Policy on Deployment of Permanent Maritime Police Enforcers in the Verde Island Passage Marine Key Biodiversity Areas to report to Bureau of Fisheries and Aquatic Resources as the lead enforcer of RA 10654; and 2) Pursuance of Policy on the Establishment of Social Enterprises as Alternative Livelihood for Fisherfolk in the Verde Island Passage Marine Key Biodiversity Areas. Based on the developed criteria levels of risk and uncertainty, the two policy alternatives were evaluated in an aim to solve the continuous increase illegal, unreported, and unregulated fishing in VIP MKBAs. Between the two alternatives, “Policy on Deployment of Permanent Maritime Police Enforcers in the Verde Island Passage Marine Key Biodiversity Areas to report to Bureau of Fisheries and Aquatic Resources as the lead enforcer of RA 10654” generated the greater percentage.