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Overfishing Final Paper
Overfishing Final Paper
Professor Moscovici
The Law of the Sea treaty, an agreement resulting during the third United
Nations Convention on the Law of the Sea (UNCLOS), represents one of the greatest
progressive movements towards international cooperation in global fishery
management. While largely focusing on international borders in regards to
resource rights and territorial waters, the Law of the Sea treaty was essentially
aimed at the preservation of resources, especially concerning ocean fisheries. The
UNCLOS meetings, of which there have been three thus far, first commenced in
1956, then in 1960, and most recently in 1973. Under the third United Nations
Convention on the Law of the Sea, which concluded in 1982, the international
recognition and acceptance of a 200-mile exclusive economic zone (fig. 1) was
imparted. An exclusive economic zone, or EEZ, represents an area expanding 200
nautical miles from coastal states’ shorelines, providing them with the rights of all
marine resources found within their particular zone (Weber, 2002, p.67). The
significance of EEZ’s lies in the individual incentives that are bestowed upon each
individual coastal state. The economic motivations included with ones EEZ
effectively create an impetus for sustainable utilization. The significance of EEZ’s
becomes further significant through the consideration of other international
agreements, especially those enacted through the Law of the Sea convention.
Under the third convention, UNCLOS III, was the introduction of the United
Nations Fish Stocks Agreement (UNFSA). Officially recognized as ‘The United
Nations Agreement for the Implementation of the Provisions of the United Nations
Convention on the Law of the Sea of 10 December 1982 relating to the Conservation
and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks’, the
agreement was adopted in 1995 and in November of 2001 finally gained the 60
state/entity signatures required for its enforcement on December 11th, 2001. The
UNFSA acts as an extension to the words implied in the Law of the Sea Treaty, which
asserts that each State is “obliged to adopt, or cooperate with other States in
adopting, measures to manage and conserve living resources” (United Nations
Agreement, 2010, p.1). The UNFSA represents “a major international effort to
improve fisheries governance, resource recovery, and sustainable development of
international fisheries” (Meltzer, 2010, p.121). The agreement promotes the
protection of some of the oceans most vulnerable fish species, including species
most susceptible to weak management plans and often those that the market is
especially demanding of. The United Nations website states, “The Agreement
elaborates on the fundamental principle, established in the Convention, that States
should cooperate to ensure conservation and promote the objective of the optimum
utilization of fisheries resources both within and beyond the exclusive economic
zone” (United Nations Convention, 2010, p.1). Despite the promises that global
collaboration and agreements such as these entail, success is ultimately dependant
on the stringency to which each state abides by the agreements made.
In 1995, the Food and Agriculture Organization of the United Nations (FAO)
instituted The Code of Conduct for Responsible Fisheries; a volitional agreement
that designated a multitude of sustainable fishing approaches in an attempt to shape
the ethical and logical decisions of participating states. The Code of Conduct follows
the guidelines of the precautionary principle, which uses the most current scientific
knowledge as a means of avoiding potential consequences. “Management according
to the precautionary approach exercises prudent foresight to avoid unacceptable or
undesirable situations, taking into account that changes in fisheries systems are
only slowly reversible, difficult to control, not well understood, and subject to
change in the environment and human values”(Charles, 2001, p.216). Although the
Code of Conduct for Responsible Fisheries is merely a set of non-binding guidelines,
it represents a significant attempt at cultivating global values and has set the stage
for the installment of future policies.
One might postulate how anthropogenic processes could have possibly led to
the depletion of some of the largest fisheries worldwide. One method of answering
this is through the explanation of the Tragedy of the Commons (fig. 2. “Trajedy of
the commons structure for fishing” (Powell, 2005, p.1)), a predicament that dictates
how rational decisions, based off of individual gains, can induce the depletion of an
entire resource. First coined in 1968 by ecologist Garrett Hardin in the journal
Science, Hardin used it to
describe humans as
“egotistically calculating actors
who bring a common-pool
resource to extinction if they
are not subjected to social
arrangements which imply
coercion of some sort”
(Honneland, 2000, p.19). Such
innate narcissistic tendencies
necessitate the
implementation of law and
order in the sustainment of
our most universally available
resources. Such is true for our
ocean fisheries, which, despite
past beliefs as a seemingly
boundless resource is, more
recently, proving to be finite.
Long before Hardin’s Tragedy
of the Commons, man had
foreseen the consequences of
such trends. The great philosopher Aristotle recognized this some 2000 years ago,
explaining how “that which is common to the greatest number has the least care
bestowed upon it. Everyone thinks chiefly of his own, hardly at all of the common
interest” (Honneland, 2000, p.22). Only now are such words truly becoming
relevant; with current or soon to be wars over previously ‘common’ resources
including oil, land, and water, the need for reform has never been so great.
Input controls only slow the fishing industry from the inevitable expansion of
their technology and size. Output controls directly limit catch by setting a total
allowable catch for fisheries. The total allowable catch is equal to or less than the
allowable biological catch, which is an estimate determined by the National Marine
Fisheries Service (National Research Council, 1999, p.3). Once the total allowable
catch is met, fishing comes to an end. This is all achieved by documenting the total
catch by vessels through dockside sampling and observations at sea. The total
allowable catch is divided into quotas. Quotas set individual total allowable catch
and are owned by individual fishermen, vessels, and fleets. The quotas are set so
that their sum equals the total allowable catch of a specific fishery (National
Research Council, 1999, p.120). By establishing tradable rights to harvest a share of
fish from the total allowable catch, the ‘Tragedy of the Commons’ or lack of property
rights is avoided. These shares or quotas give value to the stock of the fish,
providing an incentive for fishermen to sustain the fisheries. Further motivation
results from the decreased need for fishermen to expand their vessel size and invest
in expensive technologies (Grafton et. al., 2010, p.573). Individual transferable
quotas bring a much-needed organization to the fishing industry.
Figure 3. Foodfish supplies by capture fisheries and aquaculture (Tidwell and Allan, 2007, p.1)
Aquaculture can be divided into two categories. The first category is low
value fish farming, which is the farming of fish that feed low in the ecological food
chain and that are raised in ponds for local consumption. This is very popular in
East Asia and parts of South America. A popular fish used is carp (Fig. 4), which
makes up the majority of species used in aquaculture.
Figure 4. Proportion of species used in aquaculture (Tidwell and Allan, 2007, p.1)
There are many different species of carp that play different roles within the
ecosystem of the pond. The second type of aquaculture is the raising of high value
seafood. These tend to be predatory species like shrimp and salmon. These
aquacultures help greatly in stimulating the economy of developing countries
(Tibbetts, 2001, p.320). There are, however, problems that come with these
aquacultures. One major problem is that mangrove forests are cleared for the
development of shrimp farms. This causes erosion problems when tropical storms
hit and the clearing causes severe ecological damage as many species and
ecosystems depend on the mangrove forests (Tibbetts, 2001, p.321).
Additionally, there are many problems that surround the shrimp farms.
Water pollution occurs with the crowding of too many fish farms in one area. This is
simply a case of neglect by uneducated or uninformed farmers that have poor
wastewater removal practices. These farmers are actually polluting the very water
that they use for the farms themselves. Many farms have been found dumping the
wastewater from the farms into estuaries. It is a common practice to remove 20
percent of each pond’s water each day to help in reducing the stress on the shrimp.
They then proceed to collect water from the same estuary to refill the ponds. As
wastewater is removed, some young shrimp are carried with it, which tend to be
shrimp that are sick. These sick shrimp end up back in the pond continuing the
spread of the virus because when they die the remaining shrimp feed on the
remnants. Birds feeding on dead shrimp that float atop the ponds also spread the
disease. The birds then fly to other farms and defecate in the pond, spreading the
virus once more. Disease mainly originates from stress because there are too many
animals in too small of ponds (Tibbetts, 2001, 322). In Sustainable Aquaculture,
Bardach (1997) mentions;
The other problem with raising predatory fish is providing feed for the fish.
One fish in particular is salmon and salmon farms are growing at great rates as the
wild population is becoming endangered and the demand for salmon is still high.
Fishmeal and fish oil make up 50 to 70 percent of the farmed salmon diet. The
problem is the harvesting of fish to make the fish meal, which belittles the purpose
of using aquaculture to relieve the problem of over harvesting fish. About 30 million
tons of fish are caught to provide fishmeal (Tidwell and Allan, 1997, p.1). An
alternative solution that totally eliminates this problem is to just stick to farming
herbivorous fish and shellfish. Another possible solution is to maybe find alternative
feed for the carnivorous fish. Tibbetts (2001) claims, “Researchers are searching for
substitutes for high-quality fish protein in vegetable and grain products” (p. 323).
Authors Tidwell and Allan (2007), proposed an interesting solution in solving both
the problem of producing fish meal and the discarding of by-catch. They alleged,
“The demand for fish meal could potentially be met by improved use of by-catch
from wild capture fisheries. The amount of by-catch killed and discarded annually is
estimated to be between 18-40 million [tones]… approximately the total amount of
fish currently harvested for fish meal production...” (p.1)
Grafton, R.Q. & Hilborn, R. & Squires, D. & Tait, M & Williams, M. 2010. Marine
Fisheries Conservation and Management.
Office of Legal Affairs, United Nations, Division of Ocean Affairs and the Law of the
Sea. (2010). United nations convention on the law of the sea of 10 december 1982
overview and full text
Office of Legal Affairs, United Nations, Division of Ocean Affairs and the Law of the
Sea. (2010). The United Nations Agreement for the Implementation of the Provisions
of the United Nations Convention on the Law of the Sea of 10 December 1982 relating
to the Conservation and Management of Straddling Fish Stocks and Highly Migratory
Fish Stocks (in force as from 11 December 2001)
Powell, B. (Producer). (2005). Tragedy of the commons structure for fishing. [Web].
Retrieved from
http://www.exponentialimprovement.com/cms/commonsfallacy.shtml
Tidwell, J.H & Allan, G.L. (1997). The Relative Contributing and Ecological Impacts of
Aquaculture and Capture Fisheries.