Conservation and Management of the Living Sea Resources and Law of the Sea - Coursework Example

Heading: Conservation and management of the living sea resources and law of the sea Your name: Course name: Professors’ name: Date INTRODUCTION The living sea resources have constantly faced human threat especially in the past 60 years. Because of the inter-dependence of the marine life in their food chain, over-exploitation of the sea resource will spell doom for other marine lives that are not consumed by humans. The reason behind overfishing can be attributed to the even increasing world population; the current population may reach seven billion by the end of 2011. In areas such as China, their population alone is almost two billion. This is a significant number considering that most Chinese depend on marine life for their livelihood. Other Coastal States such as the U.S. and Japan are also the major consumers of the marine life. Without proper strategies to protect marine life, their existence could be threatened before the end of the century. It is thus the responsibility of international organizations and States to ensure that the policies implemented are effected in order to ensure sustainable marine life for future generations. This paper seeks to analyze conservation and management of the living sea resources and also the law of the sea. This is accomplished by considering the history of the Conventions that seek to address sea resources exploitation by international organization such as the United Nations and other countries such as the United States, Japan and even China among other involved states. The approach used in this paper explores the policies and the proceedings of the international community by taking an interdisciplinary approach in order to critically examine the effects of the policies as well as the issues highlighted. An interdisciplinary approach ensures a holistic solution of the fishing problems facing the world. Scientific contributions states the threshold of the living marine for which exceeding it could result in endangering of the fish stock. Statistical fraternity on the other hand contributes to the best approach of determining the level of fisheries population at every particular time. The policy makers and law enforces use these scientific findings and statistics to set unambiguous laws on regulating the extent of fishing among States in order to ensure all species of fish stock sustainability. CONSERVATION AND MANAGEMENT OF THE LIVING SEA RESOURCES AND LAW OF THE SEA The rationale for the conservation and management is to enhance a sustainable sea resources and particularly the living sea such as the marine life. Conservation seeks to ensure availability of different stocks of fish while management seeks to ensure that the process of conservation is fully adhered to. The law of the sea was thus founded in order to foster the aims of conservation and management of the sea resources1. Since the early 1900, the earth population has continually grown and thus putting immense pressure on the available resources. Maintaining a sustainable food systems has since became tremendously challenging and thus threatening the existence of the marine life which is a major source of food to human and other predators. The world began the experience the pressure of over-fishing in the past six to eight decades and hence the commencement of strategies that could lay proper foundation to the conservation of the marine life2. This was lead by the United Nations and other developed countries like the United States, United Soviet and also Japan3. Their goals were specifically targeting maintenance of a sustainable marine life with special reference to particular species of fish. A number of global agreements have been made in the past six decade about the conservation and management of the living sea. In the year 1958, the High Seas Convention of Fishing which was adopted by the United Nations Conference pertaining the law of the sea (UNCLOS I) was a multilateral agreement which aimed at conservation of the world’s fisheries. It this defined the conservation as the optimal and sustainable yield which is against over-fishing. It however vividly demonstrated the language of the anthropocentric aspect which emphasized on securing of food resources as compared to its conservation. This provision thus failed to fully provide for the precautionary principle. Article 2 of the 1858 High Seas Convention of Fishing provision illustrates this virtue. In the year 1982 December, the 1982 LOS Convention which provided for a far-reaching platform in the conservation and management of the marine living resources was enacted. In the Articles 61-64 and also 117-119 LOS Convention clearly reflects more concern to the economic segment and the high seas4. This mandated the coastal States the task of ensuring conservation and the optimal usage of the stocks in the segmented economic areas, flag states were also to ensure protection of the high seas stocks. Article 119 of the LOS Convention declares that states ought to take measures in order to maintain and also restore the population of the different species of marine life harvested to levels that will ensure optimum sustainable yields5. A maximum sustainable yield is thus based on the available scientific research evidence. This provision was then drafted by the United Soviet and the United States with the aim of ensuring conservation and maintenance of fisheries through restoring the harvested species to a sustainable level6. This approach was however deficient in the sense that it only implies that a reference to the available population of fish should be made in order to determine the allowable limit for the sustainability of the fisheries. This approach creates an inefficiency in a scenario where there is not data to show the allowable fish catch in a particular region. The limit needed to create sustainability therefore presents a major challenge if there is no sufficient data to support the same. Regarding the same conservation issue, Japan introduced a similar provision which entailed basic rules. Its article 3, it state that conservation measures ought to be determined on other platforms in cases where there is insufficient data on allowable number of catch. This has been asserted to be somewhat similar with the UN provision Article 119 of the LOS Convention7. The wordings are however dissimilar and the word “available” in the clause does not necessarily apply to the Japanese proposal. In general Article 119 of the LOS Convention aims at establishing a threshold at which fishing of a particular stock of fish is allowable before being prohibited in order to ensure sustainability of that particular fish population8. In the UN conference on environment and development (UNCED) which was held in Rio de Janeiro, Brazil in June 1992. With the contribution of the FAO, the UNCED secretariat prepared agenda 21 addressing sustainable development of the seas and especially the high seas. The agenda sought to address the management of high seas fisheries which included adaptation, managing and enforcing functional conservation measures. The conference also pointed out more concern on the need monitor unchecked fishing, address unreliable databases and also inadequate States corporation with regard to maintenance of world fisheries9. The United Nations Agreement for the Conservation and Management of Highly Migratory Fish Stocks and Straddling Fish Stocks was adopted in the year 1995 after about three years of negotiations and research of ways of ensuring sustainable marine life. It was then intended to be enforced by 2001. The broader aim of the provision was to find a lasting solution on long-term conservation and sustainable approach to highly migratory fish and straddling fish. In the same year, the Code of Conduct on Responsible Fisheries was adopted by FAO in December 3110. The code requires that states and others involved in fisheries management should adopt measures necessary for sustainable catches of the fisheries resources. This will act in the protection of the fisheries resources in the present time and in the future generation and hence the need for an appropriate policy framework. This objectives were thus not to be compromised by any short-term objectives. In areas under national jurisdiction states ought to seek and identify domestic parties that are developing and managing fisheries resources. This is for the purpose of gaining their collaboration in achieving responsible fishing11. The UN Convention Major Articles Article 61 on consideration of the living resources provides that; i. Coastal States are mandated the task of establishing the number of living resources that can be fished in the exclusive economic zones12. ii. The Coastal States shall take into consideration the scientific evidence in determining the conservation and management platforms that it should undertake in order to ensure that the living resources in the exclusive economic zones are not overexploited. This aims at protecting the marine life from extinction13. iii. Measures of restoring the endangered population in order to ensure sustainable marine life should be considered. These measures should consider the recommended international minimum standards in the region14. iv. The Coastal States should take into consideration the effects on species that are dependent on the harvested species with an aim of restoring and maintaining the its population by restoring the species that the threatened fish depends on to above levels that will not cause potential threat to the affected species. v. Useful available scientific information, fishing statistics and other data shall be exchanged in view of ensuring sustainability in the exclusive economic zones. Article 64 on high migratory species provides that; i. The coastal State and other regions listed in the highly migratory Annex are required to corporate with through international organizations with an aim of ensuring the conservation of species throughout the region inclusive of the exclusive economic zones and beyond. In regions with not international organizations, the coastal State and others in the region depending on the species shall corporate to establish such organization15. ii. The provisions in (i) above are applicable in addition to other provisions of this section. Article 119 provides that in order to establish the allowable limit of fishing and enhance conservation measures for the living resource in high seas, States ought to; i. Design measures based on best scientific evidence in order to maintain or even restore the numbers of the harvested species to the level that can enhance optimum sustainability yield. This should also take into consideration the environmental and economic issues which include special requirements of developing States, considering fishing patterns, interdependence and the international provisions of minimal standards regionally or globally16. ii. Consideration of the species depending on harvested species. iii. Exchange of information such as fishing statistics, catch and other important data necessary for the conservation of the fisheries17. China in the recent past has also contributed to the enhancement of the sustainability of the living ocean. In the year 2002, China signed an agreement of delimitation of territorial sea, continental shelf and exclusive economic zone with Vietnam. This helped in the solution of the sovereignty of the North Gulf18. A joint communiqué in October 8th 2004 saw the singing of the agreement which also emphasized on a closer corporation between the two parties. China has also succeeded in developing relationships with ASEAN countries with the aim of developing multi-direction frameworks that aim at the conservation of the fisheries in the region and its bordering states. Challenges facing the protection of the living sea Some of the challenges facing the implementation of the treaties that focuses on mitigation of the living ocean includes, conflicts of ownership of surrounding waters such as nations surrounding China. Some nations have not fully corporate with the international treaties and measures of securing Marine life and hence thwarting the efforts of other nations especially with regard to highly migratory stocks. Correct statistical data and poor sharing of vital information has also contributed to the slow progress in the protection of marine life. Discrepancies in the management and law enforcement of the marine life in the bordering nations are also slowing the process19. The highly dependence of specific stock for world’s protein is also a major concern because it slows the progress towards a sustainable system of the living resources. The overall effectiveness of the policies laid down by the United Nation still gives loopholes for unwilling partners to exploit on the articles weaknesses such as the ambiguous clauses that only provide an estimation of the expected limit of a given stock20. Scientific research and statistics of global living resources Scientists have continually warned in that the earth is moving closer to exhaustion of the living ocean. The population of the fish in the past 42 years has been reduced to half and hence bringing new possibilities of complete exhaustion of the marine life in even less than a century from now. New reports from the United Nations reveal that the population growth is not the only contributor of the problem but also but rather the overall fishing consumption per capita which has reached new heights of 17 kg per person in the year 200921. An approximate of 144 million tons of food in the year 2009 of fisheries amounting to one sixth of the protein consumption of animals was reported by report fisheries22. According to FAO, the population of the fish stocks is showing no sign of improvement. It further reveals that about one third of the fish is either exhausted or recovering. The report also reveals that the overall level of overfishing has continued to gradually increase since the year 200623. Only about 15 % of the stocks monitored remain moderately exploited. It is however feared that this stock may face exploitation once the other species drop significantly. The aspect of fish dependence is also another imperative consideration because one species reduction may result in other species reduction as a result of the reduction of its food. China leads as the largest consumer of fish with about a third of the world consumptions. IN the year 2008, China global production was estimated to be 47.5 million24. Measures needed to enhance conservation and management of the living sea Increasing inland fish farming is an important step as it can be controlled and also sustained to feed the market while other measures are taken to ensure sustainability of the sea marine. Since the year 2009, fish farming has continuously grown and recently reached a 10 % of the world’s supply. A temporary solution that can help mitigate overconsumption of the common fisheries which are leading in consumption worldwide is the marketing and enhancing the demand of other species in order to buy adequate time for other species to grow. With the consideration that the 10 top species of commercial fish which is a third of all fisheries consumed is considered fully exploited. As an example, tuna which represents about 23 global stocks with almost 60 % considered fully exploited and about 35 % are considered over-exploited or even depleted. Considering this aspect and also a maintaining that the market demand has never reduced, the situation can completely go beyond our control. It is thus required to establish a global strategy that aims at proper management of the fisheries25. This strategy should first consider providing an alternative protein source for the ever growing population in order to diverse protein sources and thus reduce the current pressure facing marine life. It is also required that government of states close to regions with the highest fishing rates like China and the United States should take more proactive and also legislative measures necessary to bring down the rate of fishing in the region. Protecting zones with endangered or fully exploited fisheries is the genesis of the global solution to marine life. Without strict legislation that supports the international provisions like the UN LOS, the overfishing cannot be stopped or even reduced26. More sensitization and emphasis on government should thus be encouraged and enhanced in order to ensure that the situation is checked27. More so, scientific research should be funded and also closely monitored in order to ensure that the optimum level necessary for the sustainability of different stock species is clearly established in order to provide the Conventions already established a clear approach on the level of stock that must be maintained in order to ensure sustainability28. CONCLUSION Because of the ever declining sea population and the entire living resource in the ocean, in the past five to six decades measures have been taken to curb the escalating consumption of the marine life. China as the leading consumer of the fish in the world has also contributed to the measures and policies that focus on the conservation of the major stock which are highly consumed in the world. The United Nations has also spearheaded international living sea conservation and management through enactment of several articles that aim at mitigating exhaustion of the living sea. Then 1958 High Seas Convention of Fishing which was adopted by the United Nations Conference pertaining the law of the sea (UNCLOS I) started the campaign. In 1982, LOS Convention was established in order to correct the inadequacies of the previous treaty by adding new legislations. In 1995 the United Nations Agreement for the Conservation and Management of Highly Migratory Fish Stocks and Straddling Fish Stocks was also founded in order to support the ever continuing process of curbing marine life exploitation. Since statistics reveal that over-fishing could potentially became a global problem with over-exploitation or even depletion of the stock market leaders, measures should be taken and quickly adopted in order to reduce the rate of fishing. Increasing inland fish farming could provide adequate time for the dwindling fish species in the sea to recover while at the same time maintaining the protein diet to the population. Emphasizing other sources of protein globally could also provide a solution to the ever decreasing marine life and thus contributing to the goals of the U.N. conventions on protection of marine life. Scientific research should also work on providing correct and reliable statistics about the fish population in order to promote the global aims of reaching sustainable fishing rates. This analysis has therefore considered interdisciplinary contributions to sustainability of the living ocean by providing a holistic view of the current situation and the possible solutions of mitigating the living sea exploitation. BIBLIOGRAPHY Books Lauterpacht Elihu and Oppenheimer Greenwood, International Law Reports, (Cambridge University Press, 2003). Marr Simon, The precautionary principle in the law of the sea: modern decision making in international law (Martinus Nijhoff Publishers, New York, 2003). Nordquist, Myron H. United Nations Convention on the Law of the Sea, 1982: a commentary, (Martinus Nijhoff Publishers, 1995). Nordquist, Myron, Recent developments in the law of the sea and China, Volume 2005, (Martinus Nijhoff Publishers, 2006). Vicuña Francisco, The changing international law of high seas fisheries (Cambridge University Press, 1999). Journals Buck Eugene, H U.N. Convention on the Law of the Sea: Living Resources Provisions (2011) 18 Specialist in Natural Resources Policy January 21 Christie, Donna, Living Marine Resources Management: A Proposal for Integration of United States Management Regimes, (2004) 34 Environmental Law 14. Feit, Harvey. Re-cognizing Co-management as Co-governance: Visions and Histories of Conservation at James Bay. (2005) 47 Anthropologica 19 Winter Kimberly, ‘Conservation and Culture: Natural Resource Management and the Local Voice’ (1997) 1 Georgia Journal of Ecological Anthropology 12 Read More