Exam, fisheries, aquaculture, law of the sea, and the rest. Apr. 22

Transcription

1 Exam, fisheries, aquaculture, law of the sea, and the rest Apr. 22

2 exam You have 24 hours to return the exam to the library. The time starts when you pick up your exam from the library desk. Foreign LLM s have 36 hours.

3 Exam period You may pick up your exam anytime the library is open during the regular exam period Wednesday 30th April Friday, 9th May. All exams must be returned to the library no later than library closing time on Fri, 9th May

4 library opening hours libraries/

5 exam The penalty for late return of your exam is a reduction of one grade point for each 60 minutes late (e.g. from B+ to B). You are responsible for checking library opening/closing times.

6 exam Please answer all questions The number of points for each question is indicated, as well as the maximum number of pages for your answer Plan you time accordingly

7 exam Place your examination number at the top of the first page Please identify on your paper if you are an LLM student by writing LLM at the top of the page, and Foreign LLM if applicable. DO NOT place any other identifying marks on your paper.

8 exam Your answers must typed double spaced, with font size of 10 points or larger, and 1 inch margins on all sides Print out your final answer, staple the pages together, and return it to the library sealed in the envelope provided.

9 fisheries

10 Fisheries collapse: N. Atlantic cod

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12 Orange Roughy

13 State fisheries jurisdiction Texas State waters miles = 9 nautical miles = 3 marine leagues Can the state exercise control over fishing/ fisheries beyond its waters?

14 Yes Skiriotes v Florida, 313 US 69 (1941) State criminal conviction for using diving equipment, outside state waters, to take sponges upheld No international law prohibited the state (or US) from regulating its own citizens upon the high seas So long as it is not protectionist (against citizens of other US states) Can t charge non-citzens higher fishing licenses (priv & Immunity clause), Can t deny foreigners licenses (Equal protection), or preemption problem if conflicting federal law

15 Yes Bayside Fish Flour Company v Gentry 297 US 422 (1936) Upholding state landing and possession laws when necessary to protect local fisheries (sardines in CA) and prevent waste (for non-human uses) Even though it indirectly regulated beyond state waters and had effect on interstate commerce E.g. Alaska law & offshore crab fisheries

16 Saltwater regs A person taking or attempting to take game and nongame fish from salt water for non-commercial purposes is required to have a valid fishing license and a saltwater fishing stamp endorsement. Texas recreational and commercial fishermen fishing more than nine (9) nautical miles off the coast of Texas are in federal waters and are subject to rules and regulations that may differ from those in state waters. Recreational anglers must have a Texas fishing license and saltwater endorsement to bring any fish taken in federal waters ashore in Texas. The limits and restrictions apply to aquatic life caught in the public waters of Texas out to nine (9) nautical miles in the Gulf of Mexico, and also apply to aquatic life caught between 9 and 200 nautical miles in the Exclusive Economic Zone (EEZ) and landed in this state.

17 Saltwater limits King Mackerel: bag 2, min 27 Red Snapper: bag 4, min 15 Bass: bag 5, min 18 Goliath grouper: catch & release only

18 Fish consumption Ban: Portions of upper Lavaca Bay in Calhoun County Advisory: Chemical of Concern: Mercury King mackerel greater than 43 inches in total length should not be consumed. For king mackerel 37 to 43 inches in total length: Adults should limit consumption to no more than one, 8-ounce meal per week. Women of child-bearing age and children should limit consumption to not more than one, 8-ounce meal per month. King mackerel less than 37 inches in total length are safe for unrestricted consumption. Advisory: Houston ship Channel, Dioxin, Organochlorine pesticides, Polychlorinated biphenyls (PCBs)

19 Commercial license buyback To reduce the number of license holders and fishing effort in each of those fisheries. As of 2014: $14.2 million has been spent in the purchase of 2,145 commercial bay and bait shrimp fishing boat licenses (66%). $1.8 million has been spent purchasing 63 commercial crab fishing boat licenses (22%) and 241 commercial finfish fishing boat licenses (44%).

20 Active management USFWS Sport fish restoration program Supported by taxes on fishing equipment, electric motors, sonar, and motorboat fuel collected by US Treasury 2014: Texas got $16.3 M Education, monitoring and research programs Fish hatchery operations (3 marine hatcheries) Lake Jackson: produces juvenile red drum and spotted speckled trout to stock in Texas bays. The hatchery has the capability to produce up to 15 million juvenile fish each year.

21 Magnuson-Stevens Act (1976) Federal regulation of fisheries in 200 mile EEZ to conserve and manage the fishery resources Established the regional fishery management councils and development of fishery management plans achieve, maintain and continue the optimum yield Strong representation of fishing industry Sets quotas, seasons and rules

22 ten national standards (1) Achieve optimum yield and prevent overfishing (2) Best available scientific information (3) Manage stocks as a unit (4) Allocations fair and equitable, promote conservation, and prevent excessive shares (5) Consider efficiency in utilization; not have economic allocation as sole purpose (6) Allow for variations and contingencies (7) Minimize costs, avoid duplication (8) Consider fishing communities to provide for their sustained participation and to minimize adverse economic impacts (9) Minimize bycatch, and bycatch mortality (10) Promote safety of human life at sea

23 optimum yield Greatest overall benefit to Nation Food production, Recreational opportunities, Marine ecosystems Based on maximum sustainable yield, as reduced by Social, Economic, or, Ecological factors Must be consistent with rebuilding if overfished MSY: Largest long-term average yield, under prevailing ecological/environmental conditions

24 MSA & state management 16 USC 1856 Preserves state authority within state waters Feds can step in when state action/lack of action substantially & adversely affects FMP in EEZ Preserves Skiriotes state authority over state registered vessels operating in EEZ, so long as state laws are consistent with FMP, and FMP delegates authority to state

25 Gulf of Mexico Gulf of Mexico Fishery Management Council 17 members (NMFS & state agencies heads & other nominees from 5 Gulf states) Regulate fishing in the EEZ Commercial Recreational Commercial aquaculture is allowed in the Gulf since 2009

26 Red Snapper restoration Max time to rebuild this fishery 31.6 yrs (by rule) many extensions to target: 1990 >2000; 1991 > 2007; 1993 >2009; 1996 > 2019; 2005 > Total allowable catch 4M lbs > 9.1M lbs 2005: no further regulatory action needed!

27 aquaculture Fish farms Coastal Offshore ranching

28 technology

29 Offshore tuna ranching

30 Aquaculture areas proposed for Gulf

31 Proposals Allow NOAA to issue a commercial permit Duration 10 yrs + 5 yr renewals Assurance bond required All Gulf species, except coral & shrimp Includes tuna No non-native, transgenic species Technology on a case-by case basis Develop site criteria, or pre-approved locations Record-keeping & recording

32 issues Location of facilities - will they be on or near fishing grounds or fragile areas? Storm damage - Hurricanes could damage the cages releasing debris, fish and pollution. Protection for the Gulf - Concentrated amounts of fish food, fish waste and any chemicals or antibiotics that may be used to treat the fish to kill parasites and diseases or to keep cages free of algae and barnacles will flow straight into ocean waters through the open cages. Using more wild fish to feed captive fish - small fish like Gulf menhaden already are over-fished - more than one billion pounds per year are taken. More fish farming means the need for more wild fish, like Gulf menhaden, to be used in feeds. This leaves less food for wild fish and other marine life. Spreading diseases - farmed fish are held in captivity, usually in much higher numbers than would be normal in the wild. Cramped quarters, concentrated fish wastes, stress and other factors are often breeding grounds for diseases that can spread through the open cages to wild fish.

33 Joint Ocean Commission Initiative Set up by the chairmen of Pew and USCOP Task Force, with five members from each Annual report cards to create a sense of urgency: 2005 D C C

34 JOCI 10 senators requested a new report Posed three questions: 1. What are the top ten actions congress should take to implement the recommendations made by the two commissions? 2. What are the highest priorities for funding needed to support development and implementation of ocean policies that are consistent with the Commissions recommendations? 3. What are the priority changes to law and the federal budget process needed to establish a more effective and integrated ocean and coastal governance approach?

35 international laws

36 Pre-UNCLOS Truman Proclamation (1945): Claims the natural resources of the contiguous continental shelf No basis in law at the time Other countries followed with their own claims

37 reaction UN Conferences (>1958 on) 1960s > marine fisheries begin to decline 1960s >obsession with undersea mining of manganese nodules! UN 1967 seabed is common heritage of mankind (adopted by unanimous vote (incl. US)

38 UNCLOS (1982) Opened for signature in 1982 By 1993 had sixty ratification so entered into force US disagreed over deep seabed provisions Amended in 1994 Currently 162 signatories (Fiji 82 - Thailand 11)

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40 Customary law Before it came into force, many provisions and jurisdictional concepts of UNCLOS became international law Customary law is international law evidenced by the actual practice of nations By tacit or express acceptance Reagan statement in 1983 recognized other nations rights to their coastal waters, so long as they recognize ours

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42 Territorial sea Coastal nation has full sovereignty, subject to right of innocent passage Innocent passage? Must be continuous & expeditious Not prejudice peace, good order or security List of things not so innocent Cannot hamper, but nation has unilateral right to verify innocence Can suspend during national emergency Must comply with national safety & navig regs

43 warships Get innocent passage so long as: Bear external marks of nationality Under command of commissioned officer Be manned by armed forces Submarine must be on surface and show flag