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Justice is still an expensive item that is difficult to reach by every level of Indonesian society, including local fishermen who do illegal fishing. The criminal law policy in tackling illegal fishing which is represented in the Fisheries Law is not proportional and does not have a clear measure. Therefore, in the case of illegal fishing, a discourse of justice is attached. Related to the concept of justice offered by Thomas Aquinas, which emphasizes equality, justice, and the policy of tackling illegal fishing in Indonesia, it is interesting to discuss. This article aims to examine funds to analyze the concept of Thomas Aquinas 'philosophy of justice and to explore justice in the policy of tackling illegal fishing in the perspective of Thomas Aquinas' philosophy of justice. In order to answer these problems, this study uses a normative juridical method. Based on the research results, the concept of justice offered by Thomas Aquinas consists of distributive, commutative, and indicative justice. The essence of Thomas Aquinas' three concepts of justice is proportional to equality. Associated with Thomas Aquinas' concept of justice, the policy to combat illegal fishing in Indonesia has not provided justice. It is said that because the sanction for deprivation of freedom in the Fisheries Law only applies to local fishermen and has not reached foreign fishermen who do illegal fishing. In order to be fair, the sanction of deprivation of liberty should not apply to local fishermen who do illegal fishing as well as foreign fishermen.

Small-scale capture fisheries have a very important place globally, but unfortunately are still mostly unregulated. Typically, they are defined based on capture fisheries characteristics, technical attributes of fishing vessels, and socio-economic attributes of fishers. Indonesia uses the term ‘small-scale fisher’ (nelayan kecil), currently defined to include fishing boats of ≤ 10 gross tons (GT), which previously covered only boats of ≤ 5 GT. Because small-scale fishers are by law granted a privilege by government to be exempted from fisheries management measures (e.g. fisheries licensing system), its current definition jeopardizes fisheries sustainability and significantly increases the size of unregulated and unreported fisheries. It is also unfair, as it legitimizes the payment of government support to relatively well-o ff fishers. This paper aims to develop a functional definition of small-scale fisheries (perikanan skala kecil) to guide policy implementation to improve capture fisheries management in Indonesia. A definition of small-scale fisheries is proposed as a fisheries operation, managed at the household level, fishing with or without a fishing boat of < 5 GT, and using fishing gear that is operated by manpower alone. This definition combines attributes of the fishing vessel (GT), the fishing gear (mechanization), and the unit of business decision making (household) to minimize unregulated and unreported fishing and focus government aid on people who are truly poor and vulnerable to social and economic shocks. The terms small-scale fisheries and small-scale fishers must be legally di ff erentiated as the former relates to fisheries management and the latter relates to empowerment of marginalized fishers.

For the fisheries sector in Indonesia, Law No. 31 of 2004 Jo. Law No. 45 of 2009 concerning Fisheries and in the Philippines the 1998 Philippine Fisheries Code applies, which is a regulation governing prison administration. Indonesian fisheries law has not yet enacted a ban on rare and endangered species. The Philippine fisheries law does not yet impose legal sanctions to cancel permit documents. The formulation of an emergency prison sentence or a Philippine fisheries law fine is relatively heavier than Indonesia. For the concept of accountability of the court by the two countries still imposes court responsibility only on corporate management. Law enforcement in the field of fisheries in Indonesia and the Philippines can be more effective on the prohibition of certain activities or activities related to liability related to relationships that can be accounted for, so that they can be accounted for in the right way, to help and overcome problems related to fisheries.

On January 31, 2020, Great Britain left the European Union (EU) and was given the opportunity to pursue an independent fishing policy. In this regard, the article considers the legal and political aspects of possible cooperation between the Russian Federation and the United Kingdom in the field of fisheries. An information on the state of the UK fishing industry is provided; the legal aspects of the UK exit from the EU in the context of fisheries are analyzed; the history of relations as well as the prospects for cooperation between Russia and the UK in the field of fisheries is considered. The authors have developed recommendations on the political and legal support of the fishery interests of the Russian Federation in relations with the UK.

The MV Hai Fa case has taken the public's attention for almost the last 5 years after the court ruling was issued by the Ambon Court. MV Hai Fa was declared proven to have captured 15 tons of spike shark (Carcharhinus spp) and hammerhead shark (Sphyrna lewini) which are some of the protected species of marine animals as stated in the Minister of Maritime Affairs and Fisheries Regulation Number 59 of 2014 concerning Prohibition of Fish Expenditures Cowboy sharks (Carcharhinus spp) and hammerhead sharks (Sphyrna lewini) outside the territory of the Republic of Indonesia and violating Article 100 in conjunction with Article 7 paragraph (2) letter m law No. 45 of 2009 concerning amendments to Law No. 31 of 2004. This study uses normative legal research methods with a case, concept, law and comparison approach with the aim of knowing and analyzing the law enforcement process against illegal fishing cases by MV Hai Fa in Indonesian waters as well as analyzing comparative reviews of national law and international law in MV Hai Fa case and the government system owned by Vietnam and Australia. The results of the study concluded that the need for a government institution which is appointed by the President could carry out full coordination and supervision until the judicial process and that the revision of fisheries law which has more severe sanctions was adjusted to international law and the material and immaterial losses caused by the crime.

The European Union (EU) is a unique international organisation. Its constituent treaties establish a regional legal order separate from international law but also integral to the legal systems of its Member States. EU law has supremacy over the domestic laws of the Member States. The EU also possesses international legal personality and is empowered to enter exclusively into binding legal relations with non-EU States (hereinafter third States) on behalf of its twenty-seven Member States in respect of those matters over which it enjoys competence. The exclusive competence of the EU extends to the conservation and management of marine living resources, which has allowed it to play a significant role in the development of fisheries law and policy. The Common Fisheries Policy (CFP) is a set of rules agreed by Member States for regulating the conservation and management of stocks in so-called Union waters – the combined waters of the EU’s constituent Member States – as well as the regulation of fishing vessels flying the flag of an EU Member State in the waters under the jurisdiction of third States or on the high seas. In broad terms, it treats the waters and resources therein as a common resource and EU nationals enjoy equal access to waters and fishing opportunities, subject to some legally defined exceptions or conditions. The CFP was introduced in 1970, and been subject to periodic reviews and reform. he CFP has four main policy areas: fisheries management, market and trade policy, structural funding, and international policy. Alongside internal rules harmonising regulations between Member States, the CFP also has an important external dimension. It is this aspect of EU fisheries law which is the focus of this special issue. This introduction provides necessary context on the EU external fisheries policy and identifies some key issues that are explained in more detail in the other papers to this special issue.

RESUMO: Comunidades tradicionais têm um papel fundamental na conservação e sustentabilidade dos recursos naturais. A pesca do Pantanal tem uma história de mais de 5 mil anos. Atualmente, pescadores profissionais artesanais dependem dessa atividade para garantir o sustento e renda das suas famílias na região. No entanto, políticas de pesca no Pantanal, muitas vezes, foram elaboradas sem uma clara conexão com o conhecimento científico sobre o tema. Neste artigo, fazemos uma revisão do conhecimento atual sobre a pesca profissional artesanal na região sul do Pantanal (Mato Grosso do Sul), apresentando o histórico das comunidades, os estudos sobre pesca, as estratégias de pesca utilizadas e as consequências das políticas focadas, tanto na redução do pescado, como na restrição das áreas que podem ser utilizadas pelos pescadores. Concluímos apontando que os maiores impactos nas populações de peixes não são provenientes da quantidade pescada, mas sim das mudanças ecológicas que já ocorrem na região. Hidrelétricas, hidrovia, uso e ocupação do solo pela pecuária e agricultura, somados às mudanças climáticas, parecem ser as variáveis mais importantes. Apontamos cinco medidas fundamentais para a região: 1) retomar o Conselho Estadual de Pesca de Mato Grosso do Sul; 2) implantar um sistema de monitoramento da pesca; 3) financiar pesquisas para subsidiar a gestão e novas diretrizes de pesca; 4) criar uma reserva de desenvolvimento sustentável na borda oeste do Pantanal; e 5) considerar os resultados dos estudos dos impactos das hidrelétricas propostas para a bacia do alto rio Paraguai. Palavras-chave: Comunidades tradicionais; uso de recursos naturais; ribeirinhos; territórios tradicionais; acordos de pesca. Fishing and Sustainability in the Southern Pantanal. ABSTRACT: Traditional communities play a fundamental role in the conservation and sustainability of natural resources. Fishing in the Pantanal has a history of more than 5 thousand years. Currently, professional artisanal fishers largely depend their income from fishing. However, fishing policies in the Southern Pantanal have often been established with no clear connection with scientific findings about the topic. In this paper, we review the history of traditional fisher communities, fishing strategies of resource use, scientific findings about possible signs of overfishing, and the onsequences of policies focused on both reducing fish catch and area of use. We conclude that the major threat to fish stock does not come from fishers. Rather, it is related to ecological changes led by hydroelectric dams, hydroway, land use changes and climate change in the Pantanal. We point out five key actions to the region: 1) return of the Mato Grosso do Sul Fishing Committee, 2) implementation of fishing monitoring scheme, 3) funding to support scientific research focused on fisheries, creation of a sustainable development reserve in the western border of the Pantanal, and evaluation of the impacts from hydroelectric dam projects. Made available in DSpace on 2022-04-29T19:42:07Z (GMT). No. of bitstreams: 1 Chiaravalloti-et-al-2022-Pesca-Pantanal-Sul.pdf: 2108959 bytes, checksum: 4720890cd55f0fd1cb9415b2b3b926de (MD5) Previous issue date: 2022 Instituto Chico Mendes de Conservação da Biodiversidade.

The ecosystem approach to fisheries (EAF) is a risk-based management process for the planning, management, development, regulation and monitoring of fishing and fishing-related activities. EAF addresses ecological consequences of fishing as well as social, economic and institutional aspects of fisheries sustainability. Adequate legislation and regulatory frameworks are key to successful implementation of the EAF. The continuous review and update of information on legislation and regulatory instruments require the analysis of existing legal frameworks at all levels of governance, to assess whether they remain in force, valid and aligned with international fisheries law standards, including the EAF. The present work was prepared with a view to provide current information on how the EAF is being implemented through national legal frameworks of selected countries in Africa. It revisits a previous legal study prepared by Anniken Skonhoft and published by FAO in 2011. A decade later, based on the scope of that study, the present work provides updated data and contributes to the knowledge on the current global and regional legal frameworks for an EAF, which are vital for EAF implementation purposes. This update also re-analysed certain countries' national legislation and their evolution with respect to capturing the EAF requirements. Ultimately, the present work supports the legal implementation of an EAF for a holistic, integrated and innovative way of managing fisheries that promotes the participation of all relevant stakeholders and the use of best available knowledge for decision making, whilst balancing the human dimensions with the care for the environment, habitats, ecosystems and biodiversity related with fishery resources on which they depend.

Knowledge on biological aspects of commercially exploited fish is an important tool for assessing and managing of data-poor fisheries. In this study, we have collected information on biological aspects of commercial fish species, namely in the Bons Sinais estuary (BSE), Mozambique. Fish species were caught using a beach seine and a traditional fishing gear known as Chicocota, both used by local fishing communities for subsistence fisheries. The results revealed that most specimens caught were juveniles and below the size at first maturity. In general, mean body height (BH) estimated across all species (2.24 cm) was below the minimum mesh size established by Mozambique Fisheries Law (3.8 cm). Estimated W-L regression analysis were statistically significant with the coefficient of determination (r(2)) explaining from 91 to 98% of the variance. The allometric coefficient b ranged from 2.728 (Stolephorus indicus) to 3.357 (Johnius dussumieri). All the species exhibited positive or isometric allometric growth, except S. indicus, which exhibited negative growth. This study provides new information that can be used to enhance sustainable fishery management in data-poor fisheries. (C) 2020 Elsevier B.V. All rights reserved. FCT-Foundation for Science and TechnologyPortuguese Foundation for Science and Technology [UID/Multi/04326/2019] Project BIOFISH-QoL: Integrative approach for enhancing quality of life in fishing communities of the 'Bons Sinais' estuary (Mozambique) [330785505] FCT, PortugalPortuguese Foundation for Science and Technology [DL57/2016/CP1361/CT0008] Western Indian Ocean Marine Science Association (WIOMSA) within the Marine Research Grant (MARG) program Mozambican Ministry of Science and Technology, Higher Education and Technical-Professional Aga Khan Development Network (AKDN) info:eu-repo/semantics/publishedVersion

The title Strengthening International Fisheries Law in an Era of Changing Oceans well reflects the view permeating the contents of the book. In this collection, every chapter resonates with the vision plunked at the front page. International experts with diverse degrees of experience and professional backgrounds, including preeminent scientists, economists, a social anthropologist and international legal academics make up for an outstanding list of contributors. This robust outlook of international fisheries law avoids purely legalistic points of view, which do not offer sufficient resolutions for dealing with fisheries sustainability in a constantly changing environment. The ‘changing oceans’ circumstances not only point to one of the reasons why international fisheries law needs a makeover, but it also attracts the minds of curious readers wishing to know more about the nexus between international law, fisheries, marine science, environmental changes and the oceans.

Despite the expansion of international fisheries law, fish stocks are still threatened by illegal, unreported and unregulated (IUU) fishing. An inevitable question arises: What can be done to better induce state compliance with international fisheries law? This article reveals a factor affecting compliance with international fisheries law that had not yet been explored in the compliance studies literature: the processes for implementing that law. It notes that one actor’s implementation processes may enhance other actors’ compliance with international fisheries law if the processes aim to affect others’ behaviour and others conform to them. Accordingly, the purpose of this article is to identify conditions under which the implementation processes have such a socialisation effect. These conditions are explored in two case studies concerning IUU fishing: that existing between the Republic of Korea and the European Union (2013–2015) and that between the Republic of Korea and the Commission for the Conservation of Antarctic Marine Living Resources (2011). The case studies show that, from an institutional perspective, the design of transparent implementation processes with dialogue between the actors involved is crucial and, in terms of social context, the international leverage and reputations of the implementing actor and the targeted actor, as well as collaboration with media and civil society, are also significant factors in the processes’ socialisation effect.

Management of capture fisheries has been a perpetual problem facing all fisheries countries worldwide. This study first analyzes the features of China's capture fisheries, and points out that its management tends to be more complex and difficult than any other country in the world. It goes on to describe the history of China's fisheries management and the development process of China's fisheries policies, recognizing the role of fisheries policies in guiding and promoting industrial production during the whole development process. With Fisheries Law of the People's Republic of China as the basic framework, China is thought to have initially formed a fisheries management system with a complete structure and powerful measures for constant improvement and reinforcement. Major systems and measures of China's fisheries management are summarized, with their corresponding effects being evaluated to a certain extent. China's continuous introduction of advanced fisheries management philosophies over the past decades, especially since the reform and opening up, plays an active role in securing the prosperity of the following five industries: aquaculture, capture fisheries, processing and logistics, enhancement, and recreational fisheries; more effort has been put into fisheries ecological environment restoration; and law-based governance capacity in fisheries has been significantly improved. However, due to the characteristics of China's fisheries, as well as the complex and uncertain nature of fisheries itself, certain prominent problems still remain in its capture fisheries. With reference to relevant fisheries development planning, the study concludes with a prospect that China's capture fisheries management will be steered towards the total catch control of fisheries resources and the intensification of resource conservation and ecological restoration. Keywords: Capture fisheries, Fisheries management, China, Practices, Prospect

There has long been a tension between environmental regulation and the European Common Fisheries Policy (CFP), which has been addressed over time through progressive reform of the CFP. It is now recognised that Member States may comply with their obligations under EU nature conservation law by taking unilateral non-discriminatory measures within their territorial seas to protect the marine environment from threats posed by fishing. Nevertheless, fundamental uncertainties remain when it comes to the application of these obligations to offshore waters. This article explores the options available to coastal states in this context and the weaknesses of the procedures introduced to the reformed CFP in 2013. It is argued that compliance with nature conservation law in the context of fisheries is not discretionary and that in the absence of measures agreed at the EU level, Member States must comply with their obligations under the Habitats Directive in their capacity as a flag state. Finally, the article addresses the implications of Brexit for the protection of European Marine Sites in UK waters, suggesting that Brexit offers opportunities to strengthen the protection of marine ecosystems by making future access arrangements for foreign fishing vessels conditional upon compliance with nature conservation laws.

Spain's accession to the European Union on 1 January 1986 meant the incorporation into its domestic law of the Union's acquis and, therefore, of the rules related to the Common Fisheries Policy. This was preceded by tough accession negotiations and the inclusion of a long transitional period with regard to fisheries that particularly affected the Galician fisheries sector, which has had to adapt to this legal environment and to its successive revisions in 1992, 2002 and 2012. Today, it must also adapt to Brexit. The present paper will be organised in two parts. The first part will examine the situation of the Galician fisheries sector in the context of current European fisheries law. The second part will address those aspects in which the legal impact is most obvious, paying special attention to the consequences that the United Kingdom's withdrawal from the European Union may have for them.

Current U.S. environmental management paradigms default to enforcement mechanisms that feed into the prison industrial complex, such as fines and jailing. To avoid contributing to and reinforcing mass incarceration and militarism, environmental management systems need to be transformed towards non-carceral forms. Additionally, working towards Indigenous sovereignty and decolonization, requires the strengthening of Indigenous relations with and governance over the land under the respective paradigms of Indigenous communities. This paper uses Hawaiʻi state fisheries law and programmatic efforts to address a central question: What is the extent and nature of carceral norms within conventional environmental management systems and how do they affect management outcomes? The study examines the current fisheries enforcement scheme in Hawaiʻi, tracing the embedded logic of carcerality, the degree to which ultimate sources of harm are addressed, and the concentration of governing powers. The results highlight how current fisheries enforcement is insufficient in caring for the seascape and, through its carceral approach, contributes to social injustices, particularly for Kānaka Maoli (Native Hawaiians). Additionally, this paper demonstrates how current efforts in Hawaiʻi – Community-Based Subsistence Fisheries Areas (CBSFAs), the ʻAha Moku system, and the Makai Watch Program – attempt to empower communities, but ultimately keep enforcement powers centralized within the State, thus perpetuating dependency on the criminal justice system. This study ends with a discussion on how future decarceral environmental governance systems could be designed to center Hawaiian relations & paradigms, particularly by prioritizing the values of re-education, rematriation, and restoration., Fisheries management, Decolonization, Hawaii, Mass incarceration, Environmental justice, Social-ecological systems.

The Indonesian Sea has an area of 5.8 million km2, with 17,480 islands offering a coastline of 95,181 km2, with has a large and diverse fishery potential. The economic potential of fisheries offers a substantial and significant sustainable base for national development. However, there are a number of irresponsible parties who take Indonesian marine products illegally. The implementation of Act No. 45 of 2009 concerning Fisheries is a positive step and is a basis or rule in deciding legal issues related to illegal fishing. The Fisheries Law adopts several provisions of international law on maritime affairs, one of which is the 1982 United Convention on the Law of the Sea (UNCLOS) and Indonesia has ratified the UNCLOS through Act No. 17 of 1985. The government through the Ministry of Marine Affairs and Fisheries (KKP) issued several policies to prevent illegal fishing practices, including Improving Facilities and Infrastructure, Supervision of Law Enforcement in the Fisheries Sector, Establishing a Task Force to Eradicate Illegal Fishing. Keywords: Foreign Ships, Illegal Fishing, International Law

The present chapter presents a methodology for implementation of fisheries enforcement in rivers and the coastal waters of Iraq. The principles for assessing prosecution usefulness were consequent from the traditional economic opinion of controlling enforcement that focuses hindrance through legal penalties. The use of this procedure in Iraq might certainly be reliable to a degree as it could stand on the observed opinions of all local implementation officials, and more remarkably, in utmost cases, the apparent opinions were found to be similar to fishermen. The administration consultant can move onward in this knowledge-building study of depicting prosecution certainty over the repetition of this study which may also help guarantee rationality of the matters given in this chapter and therefore make balanced deliberate conclusions on fisheries law execution.

This chapter highlights the fact that achieving sustainability in fisheries is a challenging task as it is influenced by the values, interests, incentives and attitudes of the actors involved, as well as institutional arrangements, among others. This chapter provides strategic insights into the issues and challenges pertaining to fisheries sustainability at the local and regional level. Evidence from the literature review confirms that the conservation and effective management of fisheries resources is unlikely, particularly when (1) fisheries resources are shared by countries with no clear ownership, (2) the enforcement of fisheries regulations is weak that results in noncompliance behavior, and (3) institutional arrangements and performance are not at their best level. The highlighted issues are a global phenomenon. In this context, a practical option to achieve sustainability in fisheries within territorial waters and beyond is to create cooperative arrangements which are transparent and operational in their true sense. The principal message of this chapter is that to achieve fisheries sustainability, “business as usual” is not an option, as the issue of fisheries law enforcement, noncompliance, and sustainability will continue to be the national, regional and international policy agenda in the future.

The many studies and research conducted in the field of Fisheries Engineering have significantly contributed to the modernization and development of fisheries and aquaculture. This review is based chiefly on the studies published in Fisheries Engineering by the Japanese Society of Fisheries Engineering. The development and application of fishery technology examined here includes four major fields of study: artificial reefs, underwater surveys, utilization of artificial intelligence, and the application of computational fluid dynamics technology. In addition, this paper examines the potential for technology in the future development of fishing vessels based on the Japanese fisheries law revised in 2018.

Richard Caddell and Erik J. Molenaar (eds.), Strengthening International Fisheries Law in an Era of Changing Oceans (Oxford, Hart Publishing) 2019, ISBN: 9781509923359, hardbound £91.80, xviii + 478 pp. Strengthening International Fisheries Law in an Era of Changing Oceans is an interdisciplinary collection addressing how the international legal framework for the regulation of fisheries can be strengthened to address the challenges presented by changing oceanic conditions and fisheries dynamics. Stemming from a project led by the Netherlands Institute for the Law of the Sea (NILOS) and the Utrecht Centre for Water, Oceans and Sustainability Law (UCWOSL), climate change and its impacts (both present and future) on international fisheries law (IFL) are at the forefront here, as well as key issues of fisheries management in light of scientific uncertainty, and the problems with compliance and enforcement that plague the fisheries sector.

Transparency is considered as a touchstone of good governance and this article sets out to explore how transparency has been implemented in the context of fisheries conservation and management. The focus of the article is on access to information relating to fisheries conservation and management by states, including related activities such as enforcement and trade regulation. The article recognises that there are multiple rationales underpinning the drive for transparency, which results in transparency being implemented in different ways depending on the role that a state is fulfilling. The article also recognises that transparency not only serves to promote trust and confidence between states, but it can also have important implications for fisheries governance at the national level. At the same time, transparency is rarely absolute and it has to be balanced against other considerations, such as the need to protect proprietary information or to ensure effective enforcement. The precise balance that is struck will often depend upon the rules that have been negotiated. The article analyses the relevant legal framework and identifies the emergence of a more detailed understanding of transparency in the context of fisheries conservation and management, and a widening of its scope of application. Taken together, these developments suggest that important inroads have been made in promoting transparency, to the extent that it could be described as a general principle, which exerts an influence over the interpretation and progressive development of international fisheries law.

Maritime security policy is beginning to change, and one may note that some statements on maritime security occasionally include reference to fisheries – typically illegal, unreported and unregulated (IUU) fishing. Some authors are sensitive to this change. Thus, some aspects of fisheries regulation, or rather IUU fishing, are occasionally connected to wider debates about maritime security. This literature is increasingly concerned with the operational links that make fishing activities vulnerable to or synergistic with crime. Other areas, such as the degree to which fisheries disputes and their resolution contribute to insecurity and good order respectively, remain underexplored. This chapter aims to deepen the dialogue about how fisheries fit within the broader framework of maritime security. We seek to move the debate forward by extending discussions about fisheries regulation into maritime security, showing how poor or ineffective regulation and management of fisheries activities can have a wider destabilizing effect on maritime security. In particular, we argue that cumulative, multiple stresses at lower/different levels can render maritime security generally more vulnerable. This is a novel perspective because it combines two discreet areas of concern: maritime security discourse and fisheries law.

This article addresses the interface between law and the morality of civil society. It starts with a review of the discourse between the utilitarian approach to rationality and perspectives which include normative action. It subsequently explores the ...

Non-compliance with regulation is a major problem that undermines the effectiveness of the coastal fisheries management in Bangladesh. The result of non-compliance with regulation is over fishing, resource depletion, habitat degradation and resource use conflicts. From a management perspective, it is important to examine the level and causes of non-compliance and explore policies for encouraging or securing compliance. An attempt has been made in this study to investigate these issues in the case of the marine fisheries of Bangladesh. The specific area of interest is the mesh size regulation. Result showed an absolute violation of the mesh size regulation. The study found that the opportunity of getting higher catches and economic returns, weak enforcement, influence of the social environment, ignorance about the law and limited livelihood opportunities are the main causes behind the noncompliance of the fishers with respect to mesh size regulation.

Τhe Cypriot small-scale fishing fleet is considered the backbone of fishing in the Republic of Cyprus, constituting its largest fishing sector. Small-scale fishers have always been part of the lower class of Cypriot society, and they are now becoming marginalised, both figuratively and literally, at sea. The fleet’s numbers are set by the national Fisheries Law at 500 maximum per year though a smaller number has been issued the past few years. A number of factors, including overfishing, ecosystem changes and an increase in fuel costs has through the years made the profession unviable. In terms of regulations, Cyprus’ accession to the European Union and the need to comply with the Common Fisheries Policy has not had a direct impact on small-scale fishers but rather indirectly due to the loopholes the Republic of Cyprus has attempted to find in order to ensure the status quo. More recently however, where conflicts over marine and coastal space have increased, the small-scale fishing sector has been further overlooked in favour of other forms of economic development considered to be more profitable. This chapter explores the changes experienced by small-scale fishers from 1974 onwards. Historical stages are highlighted and where possible presented through the lens of mainstream media. What has been noted is that the profession of small-scale fishers in Cyprus has undergone dramatic changes, with not only a decline in marine resources, but also a reduction in marine space. It appears the rise of more economically important activities in marine areas have been given priority over small-scale fisheries; consequently small-scale fishers have been left to defend the importance of their profession in solitude.

The proliferation of international legal and policy instruments for fisheries governance during this post-LOSC era attests to the urgency and strong political commitment of the global community to improve and strengthen the international management and conservation framework for marine capture fisheries, fuelled in part by their mounting concerns over the pervasive unsustainable use and ineffective management of coastal and offshore fisheries worldwide. This paper aims to trace the historical origin and evolution of modern international fisheries regime, focusing on how the current legal and policy framework for responsible fisheries came into being over the last two decades. A series of chronological events that led to this process is examined, stretching back to the periods from 1980s to 2001. Included in this paper is discussion on one of the important driving factors that led to the development global framework for the sustainable and responsible use and management of marine living resources: the need to address the inherent weaknesses of fisheries regime under the LOSC. Finally, the general background of international conferences, conventions, voluntary instruments that have played pivotal role in the development of responsible fisheries concept applicable to coastal States jurisdiction are presented in the paper by examining their scope of application and structure.

Regional fisheries management organizations and arrangements (RFMO/As) can at present be regarded as the preeminent institutions of international fisheries law. This chapter examines their role in the implementation and development of the law of the sea. It sketches the origins of international fisheries law and RFMO/As, and offers an overview of the different types of RFMO/As and the distinctions between them, their key functions, and whether or not a body qualifies as an RFMO or an RFMA. As part of this latter aspect, several regional bodies are closely examined, in particular those relating to the Arctic and the Antarctic. It is argued that RFMO/As can perform additional roles besides conservation and management of fisheries resources. This ‘role-oriented approach to RFMO/As’ is supported by the rules and practices of several RFMO/As. Special attention is finally devoted to the mandate of RFMO/As to deal with free riders and their rules and practices aimed at safeguarding the interests of the ‘Founding Fathers’ that initiated the negotiation of the RFMO/As’ establishment. These issues are not only of critical importance to RFMO/As but are to a considerable extent also interrelated.