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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
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 Environment and Natural Resources CODOPESCA
INCOPESCA MINAET
Citation Dept. of Marine Resources website [www.bahamas.gov.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)(a) Ch. 244 10(1)
Art.1, Law 307 of 2004 Ministry of Environment and Natural Resources website
Art. 3, Law 8436 of 2005
Are stakeholders involved in the development and implementation of fisheries policy?
No Yes Board of Directors of CODOPESCA
No
Citation
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)(ii)
Art.1, Law 307 of 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 Coordination with national agencies, universities, and international agencies
Yes Chapter IV Research
Citation Article by Ch. 10, Law 307 of Ch. 4, Law 8436 of
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
Yes Commercial fishermen – official fishing license; Sport fishermen – Sport fishing license
Citation Ch. 244 11(1) & Ch. 244 Subsidiary
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 of 2004 Resolution #24 of 2009
Art. 38 & 63, Law 8436 of 2005
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
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?