Presentation [4.02 MB PDF] - University of Florida Levin College of

An Analytical Framework for Comparing the Policy, Law,
Regulation and Management Planning for Highly Migratory Species
(Billfish) in the Wider Caribbean Basin
Conservation Clinic
University of Florida/University of Costa Rica Joint Program in Environmental Law
Joe Mathews, UF Law
Tayler Clark, UCR marine biology
Antionette Vanterpool, UF Law
Edil Sepulveda, Univ. of Puerto Rico Law
Kalla Hirschbein, Golden Gate Law
Faculty Supervisor: Tom Ankersen
San Jose, Costa Rica
July, 2010
Introduc)on Client:   The Billfish Foundation Project Purpose:   Provide research on and a comparative analysis of the
regulation of highly migratory species (including billfish and
tuna) in the Wider Caribbean Basin.
The Billfish Founda)on (TBF)   Nonprofit founded in 1986   Mission to conserve Billfish worldwide   Focus:   Research
  Education
  Advocacy of responsible
fisheries management
 
To influence decision makers
with sound science to
successfully conserve billfish
TBF Focus on Science   Stock assessments   Reproductive science   Bycatch science   Habitat and Migration   Tagging program contains nearly 200,000 tag and release records from six continents   Satellite   Conventional TBF Conserva)on Policy   Socio-­‐economic research   Longline closed zones   End commercial sale of billfish   Access to fishing   International fisheries management   Recognize future fishing depends on conservation Introduc)on to Highly Migratory Species (HMS)   Origins in Article 64 of UNCLOS   No operational definition   List of agreed upon species was attached as Annex 1:   11 tuna species: (albacore, bluefin, bigeye tuna, yellowfin)   12 billfish species (sailfish, marlin, swordfish)   Ocean going sharks, dolphins and other cetaceans   HMS migrate significant, but variable distances across oceans for feeding or reproduction Blue Marlin   Makaira nigricans   New England Uruguay   Largest of the marlins   Common up to 11 feet; 3.4 meters   Known to exceed 2,000 lbs; 907 kg   Predators include white shark, mako…
and humans. Blue Marlin Outlook   Tournaments reporting record catches   Abundance at 20% of pre-­‐longlining (1960) level   Last stock assessment completed in 2006   Recent studies show population remains below sustainable levels   ICCAT recommends 50% decrease in catch to stabilize population White Marlin   Tetrapturus albidus   Smaller than blue marlin, 45 to 65 lbs; 20–
30 kg   Can weigh more than 100 pounds; 45 kg   Can live 25-­‐30 years   Little known about spawning habits White Marlin Outlook   Last stock assessment completed in 2006   ICCAT recommends 67% reduction in catch to stabilize population   By the beginning of 2000, the biomass (left) had been driven down to just 13% of the sustainable level (MSY)   Abundance continuing to decline Sailfish  
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Istiophorus albicans Grow up to 3 meters; 10 ft, Weigh up to 200 lbs; 90kg Two recognized Atlantic stocks: eastern and western Sail is raised when threatened or excited Spawn year round over a wide area: Florida to Cote d’Ivoire Sailfish Outlook   In 1960, the stock was healthy at 1.2 -­‐ 1.5 maximum sustainable yield   By 1992, the population was only 60% of MSY   Last stock assessment in 2009   Main targets of artisanal and recreational fisheries   East stock more overfished than west   East stock well below MSY than west   Concern for east stock is much greater than west Impacts and Threats to Billfish 1. Bycatch from Commercial Fishing   Commercial vessels (longlines, gillnets and purse seines) are responsible for 99% of the reported kill of Atlantic blue and white marlin   Recreational fishermen, who voluntarily release a self-­‐reported 99% of their catch to help conserve the resource, are responsible for less than 1% of the annual fishing mortality   25% of blue marlin and 30% of white marlin caught on longlines are already dead on arrival at the vessel Impacts and Threats to Billfish 2. Overfishing by Directed Fisheries   The Japanese and Cubans harvest over a thousand tons of blue marlin annually from the Caribbean region alone.   Artisanal fisheries may be negating ICCAT efforts to mitigate impacts from longline bycatch   Marlin species are caught and retained by all industrial fishing fleets, except those of the U.S.   Within the U.S. EEZ, commercial vessels are required to release all billfish captured, but survival rate is low due to death or damage during capture. Impacts and Threats to Billfish 3. Lack of Scien)fic Understanding   Under-­‐reporting of catch   Misidentification of species   Debate about existence of different stocks and populations   General lack of knowledge due to highly migratory patterns HMS Management Challenges   Wide geographic distributions   Billfish regularly migrate across the international boundaries   Regulations differ among states   Management of highly migratory species requires international and regional cooperation Project Overview Addresses some of the challenges in managing HMS Tasks   Draft a principle based framework, to serve as the basis for a comparative analysis.   Research the highly migratory species laws, regulations and policy for Caribbean States selected and prioritized by TBF   Use the framework as a basis to analyze, compare, and contrast each state’s regulatory scheme.   Provide recommendations for country-­‐specific regulatory reform and regional agreement to harmonize highly migratory species regulation in the Wider Caribbean. States Selected for Analysis 1.  Dominican Republic;
2.  Cuba;
3.  The Bahamas;
4.  Venezuela;
5.  Jamaica;
6.  Mexico;
7.  The British Virgin Islands;
8.  Aruba; 9.  Martinique or Guadeloupe; and 10. Trinidad and Tobago.
Principles Based Framework The purpose:   Provide consistent basis for analysis and comparison of domestic laws regulations and policies   Identify potential avenues for improving regional conservation / protection of billfish (and other highly migratory species) through:   Domestic Reform   Regional consistency in domestic HMS laws and regulations   International or Regional Agreements How the Framework Works   Designed to present a broad overview of potential fisheries management policies and tools, and approaches to fisheries management   A series of 94 Questions to determine whether and to what extent the state has implemented or has the ability to implement these management measures How the Framework Works Answering the Questions   Yes / No or Short Answer   Expanded Answers   If a given policy tool or management approach has not been implemented for billfish does the agency or government have the authority Two formats for compiling /presenting the information gathered  Short format – facilitates side-­‐by-­‐side comparison of countries  Long format – provides more detail once a potential area for improvement is identified Framework Ques)ons Nine Categories of Questions   Administrative Structure   The Role of Science and Data in Management Decisions   Data Collection and Research for Billfish and Tuna Fisheries   Limits on Fishing Effort, Entry, and Harvest of Billfish and Tuna   Management of Bycatch, Discards and Non-­‐target Species:   Monitoring Control Compliance and Enforcement   Education and Outreach   Recreational Fisheries   Other Contact Information for Relevant Agencies Applica)on of the Framework Selected Questions and Answers from:   The Bahamas   The Dominican Republic   Costa Rica Administra)ve Structure Country Bahamas Dominican Republic Costa Rica What government agency or subdivision is the primary agency responsible for regulating highly migratory species fisheries within the state?  Ministry of Agriculture and Marine Resources  Department of Marine Resources  Ministry of  INCOPESCA Environment and  MINAET Natural Resources  CODOPESCA Citation  Dept. of Marine Resources website [www.bahamas.go
v.bs]  Art. 17, Law 64 of 2000  Art. 4, Law 307 of 2004  Art. 14, Law 8436 of 2005 Fisheries Policy and Planning Bahamas Dominican Republic Costa Rica Do goals and objectives reflect the long-­‐term conservation of fish stocks?  Yes.  Done through licenses  Acts of Governor-­‐
General  Yes  Objective of Fisheries Law of 2004  Division of Fishing Resources Policy Goal  Yes  Fisheries and Aquaculture Development Plan Citation  Ch. 244 9(4)  Art.1, Law 307 of  Art. 3, Law 8436 (a) 2004 of 2005  Ch. 244 10(1)  Ministry of Environment and Natural Resources website Are stakeholders involved in the development and implementation of fisheries policy? No Citation  Yes  Board of Directors of CODOPESCA  No Role of Science and Data in Management Decisions Bahamas Dominican Republic Costa Rica Does the law require that fisheries policy and management decisions are based on (informed by) the best scientific evidence available?  Yes  Yes  “Should be based on best scientific criteria available”  Yes Citation  Ch. 244 19(a)  Art.1, Law 307 of (ii) 2004  Fisheries and Aquaculture Law Does the fisheries management law and policy framework promote the use of science and research results as a basis for setting management objectives, reference points and performance criteria?  Yes  Conch example  Yes  Chapter IV Research  Yes  Coordination with national agencies, universities, and international agencies Data Collec)on and Research Bahamas Dominican Republic Costa Rica Are fishermen required to submit reports to the relevant government agency?  Yes  Foreign licenses require submission of information  No local requirement  Yes  Catches, size, frequency and any other necessary information  Yes Citation  Ch. 244 9(1) & (2)
Subsidiary Legislation  Art. 16, Law 307 of 2004  Art. 41, Law 8436 of 2005 Does the relevant government agency document or keep records of fishery related activities?  Minister may provide for record keeping  Forms must be submitted for permits  Yes  Creation of an updated register of fishing activities  Yes  Public registry of INCOPESCA  Not regularly updated Citation Ch. 244 9(1)(u) & Subsidiary Legislation 4 & 5  Art. 14 & 70, Law 307 of 2004  Art. 110, Law 8436 of 2005 Limits on Fishing Effort and Entry to the Fishery Bahamas Dominican Republic Costa Rica Are fishermen required to obtain a general fishing permit?   Yes  Foreign Fishermen  No relevant information for local fishermen  Yes  Just local fishermen are required  Lasts for 2 years  Yes Citation Ch. 244 7& 9 (1) Art. 15, Law 307 of 2004 Do the regulations distinguish between the different types of fishermen (commercial, recreational etc…) in terms of the requirements that are imposed?  Yes  Commercial and recreational  Recreational-­‐
Part 10 Sportsfishing  Yes  Subsistence fishing not included in fishing license  Restriction on industrial fishing activity Citation  Ch. 244 11(1) & Ch. 244 Subsidiary  Yes  Commercial fishermen – official fishing license; Sport fishermen – Sport fishing license Limits on Fishing Effort and Entry to the Fishery Bahamas Dominican Republic Costa Rica What type of fishing gear methods and practices are prohibited?  Yes  Spear fishing apparatuses  Long lines (unless approved by the governor general)  Yes  Drift nets  Seine and trawling in specific areas  Long lines in protected areas  Hooks and blunt gear for billfish breeding area  Yes  Gill nets and trawls not allowed in deep water or pelagic fisheries Citation  Ch. 244 Subsidiary 6  Ch. 244 22  Art. 63, Law 307  Art. 38 & 63, of 2004 Law 8436 of 2005  Resolution #24 of 2009 Limits on Fishing Effort and Entry to the Fishery Bahamas Dominican Republic Costa Rica Is catch of billfish or tuna limited in any way?  Yes(billfish)  Allowable catch  Catch and Release  Yes(billfish)  Critical habitat protected  Catch and Release  Total Allowable catch may be established by CODOPESCA  Yes  Not allowed to block natural migration pathways or intercept them with specialized devices  Area Closures
(tuna)  Catch and release for billfish Citation  Ch. 244 Subsidiary Art. 10  Resolution #24 of 2009 Monitoring Control Compliance and Enforcement Bahamas Dominican Republic Costa Rica What mechanisms are in place for enforcement, surveillance, monitoring, and controlling fishing activities to ensure compliance with fisheries management measures, laws and regulations?  Yes  Department of Marine Resources  Inspectors  Penalties ranging from monetary penalties and prison time  Yes  CODOPESCA with help of police authorities, navy and civil society  Fishing and Aquaculture Inspectors Service  Infractions and Sanctions – Monetary penalty, prison time, and revocation of licenses  Yes  Mandatory satellite tracking system for the tuna fishery vessels Citation  Ch. 244 -­‐14  Art. 74 & 75, Law 307 of 2004 Interna)onal Agreements Bahamas Dominican Republic Costa Rica Which relevant international or regional agreements is the state a party to?  Western Central Atlantic Fishery Commission (WECAFC)  Caribbean Regional Fisheries mechanism (CRFM)  United Nations Convention on the Law of the Sea (UNCLOS)  Convention on the Law of the Sea  Convention on Biological Diversity  CITES  Convention on Fishing and Conservation of Living Resources of the High Seas  Ramsar Convention  Convention on the Law of the Sea  Convention on Biological Diversity  CITES  Convention on Fishing and Conservation of Living Resources of the High Seas  Ramsar Convention Citation  Food and Agriculture Organization of the United Nations Bahamas Country Profile 2009 Recrea)onal Fisheries Bahamas Dominican Republic Costa Rica Does the state recognize and regulate recreational fishing? To what extent?  Yes  Part. 10 Sports fishing  Tournament permits  Methods of fishing  Yes  Fishing license required  Protection of breeding areas for promoting sport fishing  Yes  Entire chapter on sport fishing Citation  Ch. 244, Part 10  Resolution 324 of 2009 Current Project Status What has been accomplished thus far   Developed the framework   Research and application of framework to:   Dominican Republic;   Cuba;   The Bahamas;   Jamaica;   Mexico;   The British Virgin Islands; Some questions remain blank:   Issues / Setbacks  
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Research Limitations (availability of information on the web) Access to legal and regulatory sources in each country Time Language issues Future Steps for the Project   More research with access to the legal information systems of each state   More time to analyze the laws and regulations as well as the legal and governmental systems   Additional research (other than objective legal research) to gather better information on the more subjective questions in the framework:   Semi structured interviews   Surveys   Possible Modifications or Adaptations of the framework Ques)ons?