Coastal and Estuarine

Transcription

1 Lecture Notes on Coastal and Estuarine Studies Managing Editors: RichardT. Barber Christopher N. K. Mooers Malcolm J. Bowman Bernt Zeitzschel 7 W R. Edeson J.-F Pulvenis The Legal Regime of Fisheries in the Caribbean Region Springer-Verlag Berlin Heidelberg New York Tokyo 1983

2 Managing Editors Richard T. Barber Coastal Upwelling Ecosystems Analysis Duke University, Marine Laboratory Beaufort, N.C , USA Malcolm J. Bowman Marine Sciences Research Center, State University of New York Stony Brook, N.Y , USA Christopher N. K. Mooers Dept. of Oceanography, Naval Postgraduate School Monterey, CA 93940, USA Bernt Zeitzschel Institut fur Meereskunde der Universitat Kiel Dusternbrooker Weg 20, D-2300 Kiel, FRG Contributing Editors Ain Aitsam (Tallinn, USSR) Larry Atkinson (Savannah, USA) Robert C. Beardsley (Woods Hole, USA) Tseng Cheng-Ken (Qingdao, PRC) Keith R. Dyer (Taunton, UK) Jon B. Hinwood (Melbourne, AUS) Jorg Imberger (Western Australia, AUS) Hideo Kawai (Kyoto, Japan) Paul H. Le Blond (Vancouver, Canada) Akira Okubo (Stony Brook, USA) William S. Reebourgh (Fairbanks, USA) David A. Ross (Woods Hole, USA) S. Sethuraman (Upton, USA) John H. Simpson (Gwynedd, UK) Robert L. Smith (Corvallis, USA) Mathias Tomczak (Cronulla, AUS) Paul Tyler (Swansea, UK) Authors William R. Edeson Faculty of Law, Australian National University PO Box 4, Canberra, Australia Jean-Francois Pulvenis Apartado 4104, Carmelitas 1010a, Caracas, Venezuela ISBN Springer-Verlag Berlin Heidelberg New York Tokyo ISBN Springer-Verlag New York Heidelberg Berlin Tokyo This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically those of translation, reprinting, re-use of illustrations, broadcasting, reproduction by photocopying machine or similar means, and storage in data banks. Under 54 of the German Copyright Law where copies are made for other than private use, a fee is payable to "Verwertungsgesellschaft Wort", Munich. by Springer-Verlag Berlin Heidelberg 1983 Printed in Germany Printing and binding: Beltz Offsetdruck, Hemsbach/Bergstr. 2131/ Copyright American Geophysical Union. Transferred from Springer-Verlag in June 1992.

3 THE LEGAL REGIME OF FISHERIES IN THE CARIBBEAN REGION Authors William R. Edeson. LL.B., LL.M., Senior Lecturer in Law, Australian National University, Canberra, Australia. Formely, Regional Fisheries Law Advisor, Western Central Atlantic Region, Food and Agriculture Organisation of the UN. Jean-Franyois Pulvenis. Lie. en Lettres, Mal'trise en Lettres, Lie. en Droit,T)ipl. d* Etudes Superieures de Droit Public, Dipl. d'etudes Approfondies du Droit de la Paix et du D veloppement, Assistant Director, Frontiers Directorate, Ministry of Foreign Affairs, Caracas, Venezuela. Formerly, Consultant to Food and Agriculture Organisation of the UN, and member of the Venezuelan delegation to the third UN Conference on the Law of the Sea.

4 PREFACE This book has its genesis in materials collected in the Western Central Atlantic region in preparation for a regional seminar on the Changing Law of the Sea and its Implications for Fisheries in the Western Atlantic. The Seminar, which was organised by the Food and Agriculture Organisation of the UN and funded by the Norwegian government, was held in Havana, Cuba, Most of the materials were gathered by the authors as a result of direct contact with the fisheries authorities of the region, and supplemented where possible by information obtained from public sources for the remaining countries not visited. Twenty seven countries in the region were visited, and the authors were able to obtain materials much of which is not readily accessible except in the individual countries. In writing this book, the authors have become indebted to many people for their advice and assistance. We wish to thank in particular the Food and Agriculture Organisation of the United Nations for permitting use to be made of papers submitted to the Havana seminar, and to the following members of that Organisation: L. Christy for his helpful comments on an earlier draft version of Part II of this book, G. Moore for his helpful comments and assistance in preparing the papers submitted to the Havana seminar, to P. Lavender, presently Regional Fisheries Law Advisor, Western Central Atlantic region for helping to keep up to date with legal developments in the region in the last twelve months, Dr. M. Savini of the Fisheries Department, FAO for information on fisheries agreements in the region, and P. Salz formerly of the WECAF Project, Panama, for help in compiling Table 2. Thanks are also due to Professor Edgar Gold, of the Ocean Studies Programme, Dalhousie University for allowing access to their materials and providing information on the activities of the Programme in the Caribbean region, Augustus Compton of the Organisation of Eastern Caribbean States for sending information concerning the establishment of the organisation, Professor Albert Koers, University of Utrecht, for information on EEC Regulations, and Dennis Weidner of the National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce, Washington, for information on US legal developments. Thanks are also

5 VI due to the many officials of governments in the region who helped to locate the materials on which the book is based. At the Law School, Australian National University, a special thanks to Carolyn McCusker, for patiently checking the text and bibliographic references, and to Rickie Pitt, for carefully guiding the manuscript through the word processor. The authors of course remain responsible for any errors in the text. Parts I, II, VI and the Bibliography were prepared by VJ. Edeson; Parts III, IV and V were originally jointly prepared as papers presented to the Havana seminar and subsequently revised and updated by W. Edeson. Finally, the views expressed herein are those of the authors, and do not necessarily reflect the official view of any government or organisation with which the authors have been associated. W.R. Edeson Canberra, Australia J.F. Pulvenis Caracas, Venezuela

6 CONTENTS Part Is INTRODUCTION 1 1. Introduction 1 2. The Region Defined 1 3. Regional Organisations VJECAFC ICCAT OLDEPESCA The Lesser Antilles Others The Fisheries Resources of the Region Industrial Fisheries Artisanal Fishing Potential for Increased Catch 15 Part II: THE INTERNATIONAL LAW BACKGROUND The Santo Domingo Declaration National Jurisdiction The Montego Bay Convention The Rights and Duties of States in the Economic Zone Conservation, Management and Utilisation of the Living Resources Conditions of Access Criteria for Granting Access Scientific Information Standards Regional Co-operation Specific Fishing Regimes Enforcement High Seas Fisheries Settlement of Disputes The Montego Bay Convention and State Practice The Fisheries Provisions and Customary International Law Variations between State Practice and the Montego Bay Convention 41

7 VIII Part III: NATIONAL LEGISLATION RELATING TO 45 FISHERIES 1. Introduction Conservation and Management Objectives Evaluation of the living resources Control of Fishing Effort Control of the Quality of the Catch Measures for Environmental Protection Control of Access Classification of fishing activities Granting of Licences and Permits Provision of Information and Documents Fees Deposits Registration Conditions Attached to Licences and Permits Duration of the Licence or Permit Landing of the Catch and Supplying the Local Market Access of Foreign Fishermen Other Problems of Foreign Access Enforcement Authorised Officers Responsibility for Offences Penalties 87 Part IV: BILATERAL AND JOINT VENTURE FISHERIES AGREEMENTS Introduction Bilateral Fisheries Agreements Types of Bilateral Fisheries Agreements in the Region General Aims of Agreements Management and Conservation Measures Research and Planning Information Regarding Vessel Characteristics Delimitation of Areas of Fishing Conditions Relating to Vessels and Catch Procedures for Granting Access Regulation of Small Scale or Artisanal Fishing HO

8 IX By-catch Landing Recreational Fishing Dangerous Fishing Methods Preservation of the Marine Environment Information Regarding Catches Surveillance and Enforcement Institutional Arrangements Other Commitments Joint Ventures Agreements in Fisheries Types of Joint Ventures Joint Ventures in the Region Agreements'Establishing Joint Ventures Prospects for Joint Ventures Regional and Sub Regional Prospects for Joint Ventures in Fisheries 129 Part V: FISHERIES ADMINISTRATION 131 ' 1. Introduction Formulation of Fisheries Policy The Administrative Structure Planning and Development of Fisheries Evaluation of Resources Implementation of Fisheries Policy Financing State Intervention in Fishing and Other Related Activities Training Control 152 Part VI: Conclusions 153 Tables : 163 Table 1: National Limits Relating to Territorial Seas, Exclusive Fishing Zones, and Exclusive Economic Zones 164 Table 2: Conservation Measures 165 Table 3: Legislative Requirements Regarding the Provision of Information and Documents 167

9 X Table 4: Licence Fees 176 Table 5: Deposits 181 Table 6: Conditions Attached to Licences 182 Table 7: Duration of Licences 188 Table 8: Nationality Criteria 191 Table 9: Penalties for Illegal Foreign Fishing in Zones of Extended Jurisdiction 196 Bibliography 197