The Precautionary Principle in Marine Environmental Law

The Precautionary Principle in Marine Environmental Law

Author: Bénédicte Sage-Fuller

Publisher: Routledge

Published: 2013-07-18

Total Pages: 297

ISBN-13: 1135020019

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The book examines whether the jurisdiction of coastal States under international law can be extended to include powers of intervention towards vessels posing a significant risk to their coastal and marine environment, but which have not yet been involved in any incident or accident. The books sets out how it is that coastal State jurisdiction can indeed be seen as including powers of intervention towards High Risks Vessels before an incident or accident happens, on the basis of the precautionary principle. The precautionary principle requires taking action when a risk of damage to the environment is suspected, but cannot be confirmed scientifically.The book thus considers the potential opportunities for the coastal state under international law to regulate international shipping where they consider vessels to an unacceptable risk to the environment, in order to prevent or minimise the risk of occurrence of the accident or incident leading to damage. The book acknowledges that this puts into question some very old and established principles of the law of the sea, most importantly the principle of freedom of navigation. But Bénédicte Sage-Fuller contends that this change would itself be a consequence of the evolution, since the end of WWII, of on the one hand international law of the sea itself, and of international environmental law on the other hand.


Implementing the Precautionary Principle

Implementing the Precautionary Principle

Author: Nicolas de Sadeleer

Publisher: Earthscan

Published: 2007

Total Pages: 433

ISBN-13: 1849771693

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From fisheries to persistent organic pollutants to climate change itself, no other environmental principle in environmental law has produced as much controversy as the precautionary principle. Unlike a preventive approach in which action is taken provided that the threats to the environment are tangible, with a precautionary approach, authorities are prepared to tackle risks for which there is no definitive proof that the damage will materialize. The ramifications of this increasingly apparent approach are profound and cut across all areas of risk assessment and management, environmental law, policy and regulation in every major sector. However, to date little thought has been dedicated to the implementation of the precautionary principle in a wide array of environmental circumstances. This authoritative handbook addresses the legal aspects of how the precautionary principle is implemented in different sectors, and examines its successes, failures, strengths and weaknesses. Sectors and subjects covered include chemicals, GMOs, marine pollution, fisheries and nature conservation, and the book draws on cases in the EU, in the USA, and Nordic countries, where the use of precaution has been gathering momentum. Ultimately, the book provides an indispensable appraisal of the question - increasingly important in the era of human-induced climate change - of whether the precautionary principle is relevant, indeed essential, to avert major environmental and health risks, and how and when it can be used successfully. Published with MARIE CURIE ACTIONS


Sustainable Fishery Systems

Sustainable Fishery Systems

Author: Anthony Charles

Publisher: John Wiley & Sons

Published: 2008-04-30

Total Pages: 386

ISBN-13: 0470698233

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This book provides a comprehensive attempt to adopt an 'integrated' interdisciplinary approach to the study of fisheries. Fisheries are discussed as holistic 'systems', with emphasis on their structure, operation and dynamics. The book's interdisciplinary approach is applied to an analysis of problems faced in pursuing 'sustainable fisheries', with emphasis on six dominant themes: sustainability, uncertainty, complexity, conflict, fishing rights and the nature of management. Within this discussion, several major directions in current fishery thinking are explored, notably the precautionary approach, the ecosystem approach, co-management, and robust management for resilient fisheries.


Risk Evaluation and Biological Reference Points for Fisheries Management

Risk Evaluation and Biological Reference Points for Fisheries Management

Author: National Research Council Canada

Publisher: NRC Research Press

Published: 1993

Total Pages: 456

ISBN-13: 9780660149561

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Papers presented: 1) Reference points for fisheries management: the western Canadian experience; 2) Reference points for fisheries management: the eastern Canadian experience; 3) Reference points for fisheries management: the ICES experience; 4) Spawning stock biomass per recruit in fisheries management: foundation and current use; 5) The development of a management procedure for the South African anchovy resource; 6) How much spawning per recruit is enough?; 7) The behaviour of Flow, Fmed and Fhigh in response to variation in parameters used for their estimation; 8) The Barents Sea capelin stock collapse: a lesson to learn; 9) Variance estimates for fisheries assessment: their importance and how best to evaluate them; 10) Evaluating the accuracy of projected catch estimates from sequential population analysis and trawl survey abundance estimates; 11) Bootstrap estimates of ADAPT parameters, their projection in risk analysis and their retrospective patterns; 12) Analytical estimates of reliability for the projected yield from commercial fisheries; 13) Risk evaluation of the 10% harvest rate procedure for capelin in NAFO Division 3L; 14) Using jackknife and Monte Carlo simulation techniques to evaluate forecast models for Atlantic salmon; 15) Monte Carlo evaluation of risks for biological reference points used in New Zealand fishery assessments; 16) A comparison of event free risk analysis to Ricker spawner-recruit simulation: an example with Atlantic menhaden; 17) Choosing a management strategy for stock rebuilding when control is uncertain; 18) Risks and uncertainties in the management of a single-cohort squid fishery: the Falkland Islands Illex fishery as an example; 19) Risks of over- and under-fishing new resources; 20) Estimation of density-dependent natural mortality in British Columbia herring stocks through SSPA and its impact on sustainable harvesting strategies; 21) The comparative performance of production-model and ad hoc tuned VPA based feedback-control management procedures for the stock of Cape hake off the west coast of Africa; 22) A proposal for a threshold stock size and maximum fishing mortality rate; 23) Biological reference points for Canadian Atlantic gadoid stocks; 24) Stochastic locally-optimal harvesting; 25) ITQ based fisheries management; 26) Bioeconomic methods for determining TACs; 27) Management strategies: fixed or variable catch quotas; 28) Bioeconomic impacts of TAC adjustment strategies: a model applied to northern cod; 29) Experimental management programs for two rockfish stocks off British Columbia; 30)A brief overview of the experimental approach to reducing uncertainty in fisheries management; 31) Fisheries management organizations: a study of uncertainty.


Managed Annihilation

Managed Annihilation

Author: Dean Bavington

Publisher: UBC Press

Published: 2011-01-01

Total Pages: 225

ISBN-13: 0774859504

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The Newfoundland and Labrador cod fishery was once the most successful commercial fishery in the world. When it collapsed in 1992, many pointed to failures in management, such as uncontrolled harvesting, as likely culprits. Managed Annihilation makes the case that the idea of natural resource management itself was the problem. The collapse occurred when the fisheries were state-managed and still, two decades later, there is no recovery in sight. Although the collapse raised doubts among policy-makers about their ability to understand and control nature, their ultimate goal of control through management has not wavered and has been transferred from wild fish to fishermen and farmed cod.


The International Seabed Authority and the Precautionary Principle

The International Seabed Authority and the Precautionary Principle

Author: Aline L. Jaeckel

Publisher: BRILL

Published: 2017-01-10

Total Pages: 382

ISBN-13: 9004332286

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In The International Seabed Authority and the Precautionary Principle, Aline L. Jaeckel offers an insightful analysis of the work of the International Seabed Authority and examines whether the Authority is implementing the precautionary principle in regulating and managing deep seabed minerals.


Ecosystem-Based Fisheries Management

Ecosystem-Based Fisheries Management

Author: Jason Link

Publisher: Cambridge University Press

Published: 2010-10-07

Total Pages:

ISBN-13: 1139493027

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Responsible fisheries management is of increasing interest to the scientific community, resource managers, policy makers, stakeholders and the general public. Focusing solely on managing one species of fish stock at a time has become less of a viable option in addressing the problem. Incorporating more holistic considerations into fisheries management by addressing the trade-offs among the range of issues involved, such as ecological principles, legal mandates and the interests of stakeholders, will hopefully challenge and shift the perception that doing ecosystem-based fisheries management is unfeasible. Demonstrating that EBFM is in fact feasible will have widespread impact, both in US and international waters. Using case studies, underlying philosophies and analytical approaches, this book brings together a range of interdisciplinary topics surrounding EBFM and considers these simultaneously, with an aim to provide tools for successful implementation and to further the debate on EBFM, ultimately hoping to foster enhanced living marine resource management.


Blue Governance in the Arctic and Antarctic

Blue Governance in the Arctic and Antarctic

Author: Geir Hønneland

Publisher: Springer Nature

Published: 2021-06-09

Total Pages: 100

ISBN-13: 3030725855

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This book discusses to what extent the precautionary approach to fisheries management is reflected in the MSC Fisheries Standard and in the certification of four clusters of fisheries in polar waters. Certification according to private sustainability standards (ecolabelling) has become an important addition to public fisheries management in recent years. The major global ecolabel in terms of comprehensiveness and coverage is the Marine Stewardship Council (MSC) Fisheries Standard. Becoming and remaining certified requires continuous behavioural adaptation from fisheries through a fine-meshed system of improvement conditions attached to certification. Focus is on how certification has influenced fisher behaviour and state practice. In the Southern Ocean krill and toothfish fisheries, MSC certification has generated new scientific knowledge about the stocks. In the Barents Sea cod and haddock fisheries, fishing companies have voluntarily adapted their behaviour to reduce the fishery’s impacts on endangered, threatened and protected species and bottom habitats. In the local lumpfish fisheries in Greenland, Iceland and Norway, measures have been introduced to reduce the effects on seabirds and marine mammals. In the Northeast Atlantic mackerel fisheries, impacts have been more modest. Private certification is no panacea, but it seems to have found a niche as a supplement to national legislation and international agreements.


Sustaining Marine Fisheries

Sustaining Marine Fisheries

Author: National Research Council

Publisher: National Academies Press

Published: 1999-03-19

Total Pages: 189

ISBN-13: 0309055261

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Fluctuations and declines in marine fish populations have caused growing concern among marine scientists, fisheries managers, commercial and recreational fishers, and the public. Sustaining Marine Fisheries explores the nature of marine ecosystems and the complex interacting factors that shape their productivity. The book documents the condition of marine fisheries today, highlighting species and geographic areas that are under particular stress. Challenges to achieving sustainability are discussed, and shortcomings of existing fisheries management and regulation are examined. The volume calls for fisheries management to adopt a broader ecosystem perspective that encompasses all relevant environmental and human influences. Sustaining Marine Fisheries offers new approaches to building workable fisheries management institutions, improving scientific data, and developing management tools. The book recommends ways to change current practices that encourage overexploitation of fish resources. It will be of special interest to marine policymakers and ecologists, fisheries regulators and managers, fisheries scientists and marine ecologists, fishers, and concerned individuals.