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Summary report and conclusions


1. CONFERENCE THEME REPORTS

1.1 Theme 1: Environment, ecosystem biology, habitat and diversity, oceanography

Issues and problems

Talks and posters on this theme covered a wide range of topics including physical oceanography, oceanographic variability, habitat mapping, canyon productivity and deepwater biodiversity research. The presentations covered a wide range of geographical areas and taxa.

The effects of a range of oceanographic factors on fisheries were highlighted. An important factor that was identified is the variability of deep-sea fisheries habitats, which appear greater than has typically been assumed. The currents, ultimately driven by the weather, interact with the seabed to form a variable and dynamic deepwater fisheries habitat. Thus, deep-sea habitat variability occurs on a range of scales and affects the distribution and biology of deep-sea fish species.

Many important biological characteristics of deep-sea species and deep-sea ecosystems were noted. Deepwater fishes exhibit a wide variety of life history strategies including adaptations for long-lives and slow growth, but much variability among species is apparent. Thus, it was stressed, the productivity and vulnerability of different deepwater species to overfishing will vary. Vertical migration of mesopelagic fishes is an important means of energy transport from surface, photic waters to deeper levels, which reduced the impact of low in situ productivity on resident fish populations. Despite this, low food availability limits deep-sea productivity.

Advances in fishing technologies and efficiency mean that deep-sea species now have few refuges from fishing. However, the increased precision of fishing operations may also hold potential for sustainable management of deep-sea fisheries. Fish that escape from fishing nets and discards are unlikely to survive and, therefore, the effects from fishing on target and non-target species are not represented solely by the catch that is retained.

One of the characteristics noted that distinguishes many deepwater species was the importance of spatial scale. Deepwater fisheries often targeted highly localized aggregations so that prosecution of the fishery proceeded, at first, as a progression of highly targeted aimed trawls, perhaps of a few minutes duration, resulting in a series of serial stock depletions followed by a period of extensive trawing of low density fish populations. Estimates of population sizes based on raising small areas that are sampled as a fraction of the total habitat area are susceptible to scaling errors. However, if data of depletion studies were carefully collected, the results may be applicable to other areas to provide estimates of abundance.

Needs for moving ahead

It was noted that administrators must recognize the variability of deep-sea fisheries habitats, despite the scale and long-term nature of some of these changes that makes them so difficult manage. Appropriate scales should be used in decision making for different aspects of management and it is important to adopt an ecosystem approach to address environmental effects on deep-sea fisheries and especially the effects of deep-sea fishing on the environment. This approach should address trophic linkages and energy flows, bycatch and fishing impacts on the benthos, the importance of spatial scale to ecological and oceanographic processes, distributions of habitats and species, and production processes.

Innovative uses of technology - including in situ analytical, and laboratory studies - can reveal much about deep-sea species and ecosystems, which are generally difficult to study. Appropriate use of this technology will allow evaluation of the effects of environmental variability and its changes on fisheries. Though collecting detailed information over large areas of the deep seas is costly, there are opportunities for fisheries managers to work with the fishing industry and others to collect the required information and it was clear from their representatives at DEEP SEA 2003 that the fishing industry was willing to collaborate with resource analysts and facilitate such data collection. There was agreement that a synthesis and review of current information gathering programmes and projects on a global basis would assist those who are involved in trying to provide a coherent and integrated source of information. One such programme was the Census on Marine Life.

1.2 Theme 2: Population biology and resource assessment

Issues and problems

Presentations during this theme session drew from a range of deep-sea fisheries examples to highlight current issues and developments in the understanding of population biology and resource assessments. From the presentations during this theme it was possible to identify essential information requirements for undertaking assessments of deep-sea fish resources. Among the sorts of information needed were:

Presentations noted that many of the functional requirements for management of deepwater resources were similar to, or identical, with those of traditionally exploited species in shallower habitats. However, the usual problems that are encountered tend to be more extreme and thus more difficult to resolve, not least because of the often great depth ranges involved which, e.g. exacerbates the difficulties involved in doing resource surveys, or the extreme ages of some deepwater and other fish population biology characteristics.

Needs for moving ahead

The papers presented during this theme session highlighted a number of directions for future biological investigations and avenues for development of resource assessment techniques for deep-sea species. Stock resource assessments need to avail themselves of a range of technologies and analytical methods. The results from such surveys should explicitly consider uncertainties and alternative interpretations of information. However, it was stressed that modelling is not a substitute for analyses based on good quality and sufficient amounts of data, collected following acceptable scientific procedures.

It was noted that more information on predator-prey interactions and energy flows is needed to understand the dynamics of deepwater fish stocks and improve their management. For example, are deepwater species "sustained" by advected organic material and if so, to what extent? There is also a need in management to consider mixed-species fishery assemblages rather than focusing on single-species perspectives and assessments. And, information must be obtained on a wide range of species - even those that are not currently subject to exploitation. It was agreed that there is considerable potential for the improvement of data collection through collaboration between fishery resource analysts and the fishing industry. Such cooperation would be important for ensuring the credibility, with industry, of data that are used in assessments and setting of TACs. Where possible, verification of operations data by marine observers should be encouraged.

Participants were informed that there is potential to use methods of meta-analysis for data-poor and developing fisheries. Use of this technique may help to show how to avoid repeating the same mistakes that were made in harvesting decisions in the early years of other deepwater fisheries. Examples include predicting abundance and distribution from physical oceanographic characteristics and inferring productivity from life-history parameters. Meta-analyses may also help in better evaluation of management options such as using deep-sea marine protected areas (MPAs) as a means of conservation. Of particular importance is the issue of what to do when there is insufficient data to provide confident scientific advice on which to base management decisions. The question of what managers and decision-makers should do in such situations was left unanswered.

The Conference agreed that future research will need to support the move toward ecosystem-based management, application of the precautionary approach and multi-species management. Increased collaboration between scientists will also be important if the data needed for management is to be obtained in a cost-effective manner.

1.3 Theme 3: Harvesting and conservation strategies for resource management

Issues and problems

Papers in this theme described experiences in managing a variety of deepwater fisheries. A number of issues and problems were identified.

Experience has shown that it is easy to over-estimate the productivity of deep-sea fisheries - as demonstrated by many situations of excessive initial harvesting rates despite managers trying to be precautionary in some cases. This was partly a result of the lack of information about the productivity of deep-sea fish stocks and may, in part, also result from the "delusional optimism" of scientists, managers and decision-makers. Institutional inertia may result in retention of existing management measures despite their poor performance and the need for change. An example of a weak information situation is that of the difficulty of distinguishing the effects of fishing down of a stock from those of the fishing down of intermittent fish aggregations, fish dispersal or other behavioural effects.

Critical to management of deepwater fisheries is the development of a strategy that covers all aspects of the fishery, from the science through to selection of policy choices and including a framework for implementation and governance. It was noted that there are successful and functional examples of all of these management components as well as many cases of non-functional programmes that fail to achieve their requirements. Implementation of a management strategy requires appropriate governance - something that is lacking in most deep-sea fisheries in high seas areas. Without an effective governing agency it will be difficult to increase management capacity, implement the precautionary approach, develop effective science programmes and protect marine areas. One commonly neglected component of implementing a management strategy that was noted was the assessment of environmental risks posed by a deep-sea fishery.

The importance for management strategies to incorporate both ecosystem and precautionary approaches was stressed and while a number of fishery management agencies have adopted the precautionary approach, few of them have implemented it in a comprehensive manner. The CCAMLR provides a good example of practical implementation of the precautionary approach although it was noted that this has taken 20 years and is still a work in progress. An important element of the precautionary approach is to ensure that fisheries are developed in a phased, controlled manner. Development stages can include setting management and conservation principles for reviewing and experimenting in the exploration and establishing of new commercial fisheries. There exist a number of examples of such strategies for developing fisheries.

Evaluation of management strategies gives the opportunity to test tactics prior to implementation of a fishery or a harvesting protocol. Such approaches involve agreeing on objectives and goals, setting evaluation criteria and comparing different strategies on a quantitative basis using, if necessary, simulation techniques. Importantly, such approaches allow stakeholders to consider the various management trade-offs in an explicit and quantifiable manner.

Suggestions for the Way Ahead

The examples presented to the Conference clearly showed the need for the immediate development of strong management frameworks to be widely applied to deep-sea fisheries. They should include a strategy evaluation, external input from experts, risk assessment, and national and international governance frameworks for resource management. New tools that enable better strategy assessment should be applied and these should include phased fishery development strategies, ecological risk assessment, management strategy evaluation, and use of external references.

1.4 Theme 4: Technology requirements

Issues and problems

Deep-sea science is largely technology driven - mostly from developments for geophysical and military applications. The deepwater fishery management community needs to look at technologies from all other sectors for use in fisheries. Fisheries and biological applications are often under-funded and in many cases there is insufficient and unreliable data to support decision making. The focus of future efforts must be to provide the information necessary for management. Four main areas were identified where new technology can help management of deep-sea fisheries.

i. In respect of data, technological advances enable catch data to be made available almost instantly. Such technology also allows more precise information describing fish abundance - both relatively and absolutely and provides additional information on species distribution (including environmental "hot spots"), and benthic habitats. Fish metric information is important for management of deep-sea fisheries but modellers often do not effectively use all such available information.

ii. There are particular opportunities for collection of oceanographic information by collaboration with the geophysics sector.

iii. The major development of stock assessment models, computer capability, and modelling wizardry has significantly changed the nature of stock assessments over the last 20 years.

iv. There have been significant developments in the nature of scientific platforms available for fisheries research. Examples include:

Technological developments have allowed major advances in scientific methods and surveillance of fisheries. Participants were told that advances in geo-location have changed all types of marine-related research. There have been major advances in multi-frequency and broadband technology acoustics and in reducing associated problems such as measurement of fishes’ backscattering cross sections, bottom-echo related shadow zones and improved species identification. Multi-beam mapping is becoming common and improvements in underwater camera and video technology are changing the way all think about deep-sea habitats. Advances in capture technology (e.g., smart, instrumented nets and habitat-friendly fishing equipment) are opening the way for significantly reducing the environmental effects of fishing. Electronic tagging of fish and vessels provides opportunities for new research, and satellite monitoring of vessel positions has enhanced the extent of fisheries compliance.

Suggestions for the Way Ahead

The session concluded that deep-ocean science must become more collaborative among all stakeholders and across all borders, among institutions and between disciplines and commercial activities. It is necessary to be innovative to lower costs of data collection and analysis. New technology, if used correctly, would facilitate stakeholder involvement in data collection such as the use of acoustic fish-resource surveys by commercial vessels during or between fishing operations. However, managers, it was stressed, should be wary of relying entirely on virtual data in making management decisions.

1.5 Theme 5: Monitoring, compliance and controls

Issues and problems

Achieving acceptable levels of compliance with fishery regulations is an essential component of any effective management regime. Therefore, fisheries management regimes must include strategies to achieve individual, industry and state compliance. Without the necessary incentives to comply, enforcement will be expensive and, or, problematic. Experience shows that fishers’ compliance is best achieved through maximizing voluntary compliance together with imposing an effective deterrent - "the big stick". Further, compliance must comprise more than just enforcement; rather it must be an inherent part of all components of the management system.

Vessel monitoring systems (VMSs) can be used to both detect and deter offending. Until recently, it was unclear if VMS evidence alone was sufficient to support a prosecution. The Conference heard that in a recent case in the USA the court found VMS data to be accurate and reliable. This did not prove that illegal fishing has occurred but it did provide a precedent for the acceptance of the reliability and accuracy of VMS information as an evidentiary tool. It was noted that there is a wide range of surveillance tools, types of vessels and technology available to detect and deter offending and ensuring the inter-operability of these systems is an important consideration since this reduces costs.

The ability to detect and prosecute fishery offenders retrospectively offers additional opportunities to detect and deter offending. However, this approach requires specialist skills and expertise and thus training. However, real time monitoring is still needed to detect activities by fishers operating without legal authority and those whose vessels do not carry VMSs. It was noted that the opportunity for legal fishing operators to report on possible illegal, unreported and unregulated fishing (IUU) operations may prove a cost-effective contribution to surveillance, especially in remote areas such as the Southern Indian Ocean.

Compliance and enforcement was noted to be growing increasingly complex and sophisticated as the nature of fisheries crime is such that it evolves to continue to evade detection. As a result, specialist multi-disciplinary teams are being employed. To ensure effective investigations, compliance and enforcement officers need to work cooperatively with researchers and fisheries managers. Consideration must be given to the incentives and penalties associated with management regimes since these have an important effect on compliance. The importance of educating the judiciary on the necessity of enforcing fishery regulations and the consequences of the environmental effects should this not be done was also noted as a means of encouraging them to impose adequately deterrent, though justifiable, penalties.

Inconsistency in sentencing was noted as a major impediment to deterrence, as it turns the court experience into a lottery rather than a certainty. One example of such inconsistency is whether the environmental impacts of illegal fishing are appropriately taken into account by the judiciary when the resulting levels of sentencing are lenient.

Suggestions for the Way Ahead

In respect of compliance by fishers, there is a need to ensure appropriate expertise is available to enforcement agencies. It is also important to educate the judiciary on the significance of the environmental and fishery impacts to encourage the setting of sufficiently deterrent penalties. Issues that were identified as involved were:

It was stressed that it is important to aim at achieving a regime that remains equitable and fair over time.

1.6 Theme 6: Review of existing policies and instruments

Issues and problems

Descriptions of management approaches for deep-sea fisheries by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), and the European Community, and orange roughy fisheries in Namibia, New Zealand, and the South Tasman Rise were presented. In all cases, management problems were found to exist though there were success stories too.

The CCAMLR has been working for many years on management measures for deepwater fisheries that embody ecosystem and precautionary approaches. The Commission has developed practical mechanisms to apply these approaches and this work is continuing. In contrast, the European Community has only recently attempted to manage fisheries in particularly deepwaters despite earlier scientific recommendations from the International Council for the Exploration of the Sea (ICES).

The South Tasman Rise orange roughy fishery management agreement between Australia and New Zealand, which was described, contains an innovative decision rule that recognizes alternative resource status hypotheses that allow for the assumption that there maybe intermittent aggregations of the fish. The default harvesting rule is to set the total allowable catch based on the worst-case scenario. This allows for increases in catch levels should a more optimistic hypothesis be shown to be correct.

Management of Namibian orange roughy was designed from the start of the fishery to incorporate a precautionary approach. Catch limits were area-specific, an areal spread of fishing effort was required, and harvest decision ‘triggers’ were established to respond to when new aggregations of fish were found. However, catches and catch per unit effort (CPUE) declined and, over time, it was realized that even the precautionary catch limits were too high. Two of the three fisheries were closed for a period. The lesson here was that extreme caution is required when using initial estimates of biomass based on little information. However, the future management of these fisheries looks promising.

Major changes in estimates of abundance of New Zealand orange roughy fisheries were reported due to changes in assumptions used in the assessment methods, the data collection methods used, and changes in the methods of analysis during the development of these fisheries. This led to questions about the credibility of the assessments because of new data and the availability of new analytical techniques for what were the world’s first major orange roughy fisheries. Reliable biomass estimates were not available until the 1990s, at which time appropriate management measures were implemented. As with Namibia, despite the best intentions, permitted catch levels was set too high causing a reduction in biomasses to undesirable levels of a number of stocks.

Experience is showing that it should be possible to manage larger orange roughy stocks sustainably, but for smaller stocks this may prove more difficult. Meta-analyses of seamount fisheries were proving useful for setting initial guidelines for new fisheries. It was noted that information on the impact of fishing on recruitment would not be available for at least 20-30 years. Concerns were raised whether the property-rights approach in New Zealand was appropriate for orange roughy fisheries due to absence of considerations of wider environmental values and the propensity to "mine" the resource due to its low production rates and thus low rates of sustainable yield.

Suggestions for the way ahead

Experience shows that high levels of precaution are required to manage deep-sea fisheries if sustainable fisheries are to be achieved. Advice needs to properly reflect the known uncertainties in the data and allow for potential unknown uncertainties. Several participants noted that deep-sea marine protected areas may prove a valuable tool in protecting deep-sea biodiversity in the areas of these fisheries.

1.7 Theme 7: Governance and management

Issues and problems

While there was general agreement of the need to improve multi-lateral governance of deepwater resources, varying views were expressed as to the "what?", "where?", and "how?" in making such improvements. In relation to "what?", a decision must be made on whether changes in methods of governance should focus on deep-sea fisheries alone or on all activities that may affect the deep sea - especially its biodiversity. In this regard it was noted that a wide range of anthropogenic activities might affect the conservation of deep-sea biodiversity. In relation to "where?" the views of the participants ranged from an exclusive focus on the high seas, to that of including the continental margins and national EEZs. However, it was noted that conservation concerns will apply to both the high seas and EEZs, especially where straddling deepwater stocks are present. In relation to "how?" there was a convergence of views that it should be done within the framework of the UNCLOS but a variety of legal mechanisms were suggested. Options that were identified included (a) new binding treaties, (b) new soft law agreements, (c) amendment of the LOS from 2004 and (d), implementation of new agreements.

Each option has advantages and disadvantages including the length of time taken to achieve an outcome, the enforceability of agreements and the likely level of support by States. It is possible that pursuing a number of options simultaneously would allow the most progress to be made. There may also be a need for interim and longer-term solutions.

A number of suggestions were made concerning improving the performance of regional fisheries management organizations (RFMOs). These included different forms of peer review of RFMOs, and to make an organization (e.g. the COFI, or the Meeting of Regional Fishery Bodies, which meets in association with COFI), accountable for coordinating RFMOs and facilitating cooperation between them on this issue.

Many noted that too few countries have signed the United Nations Fish Stocks Agreement[5] and the FAO Compliance Agreement[6] to be confident that they will be implemented though it was agreed that broader ratification and implementation would go a long way to improving governance of high-seas fishing areas. It was noted that IUU fishing on the high seas is not in fact illegal if the respective flag states have not signed the relevant regional agreement. Therefore, it may be difficult to exclude non-party fishing operators from these fisheries. Further, the ability to coerce non-party States by trade sanctions may be limited. It was agreed that States should look for points of leverage to deal with flag of convenience States. It was also suggested that the value of high-seas deep-sea trawl fisheries may not be as high as generally portrayed and that deep-sea catches make only a small contribution to the world’s food security. Therefore, the consequences of restricting such fishing may be relatively small overall, although for particular countries it may be significant.

In order to secure cooperation from non-party states it will be important to address the allocation of fishing rights and benefits - especially among developing countries. Currently there is no global oversight to determine, or regulate the priority of access to harvests and to ensure that benefits are shared equitably.

It was also further noted that among the wide range of issues affecting the world’s marine fisheries, concerns about the management of deep-sea fisheries has been relatively recent and the issues to be addressed in this regard are not the most crucial. However, there was agreement that fishing pressure on deepwater stocks would continue to grow and that it was generally easier to implement effective management regimes before the emergence of crises over the sustainability of resources and the need for emergency management and regulatory actions.

1.8 Synthesis and the way ahead

The purpose of this, the last panel session of DEEP SEA 2003, was to provide a range of syntheses of the Conference presentations anchored from three of four general perspectives. The first three panellists presented their views as active administrators of fisheries, one of the panellists works in a national department of fisheries, the second in a regional marine-orientated ecological consortium and the third as the chief administrator of a regional fisheries body. Their presentations were followed of those by three lawyers, staff at respectively at an intergovernmental marine organization, a global conservation and biodiversity body and a university renowned in the field of marine law. Last, and certainly not least, two fishing company executives, one the chairman of a major national fishing industry group, both widely known as leading advocates of enlightened approaches by the industry to matters of fisheries management, provided the perspective of those who must "meet a payroll".

To provide focus to the Way Ahead and Wrap-up Sessions the moderator asked the speakers to specifically address:

Because these presentations did not form part of the formal proceedings of the Conference and will not be in the Conference proceedings, their presentations have been given particular emphasis in this Report.

An Administrator’s View I: - Dr M Sissenwine, National Marine Fisheries Service, USA

Important Science and Governance Issues

Dr Sissenwine’s perspective posed the question, based on the few decades experience, are deep-water fisheries just beginning, or are they coming to an end - a sunset or sunrise? He noted (a) the opportunity that deep seas provided of economic benefits, food and employment, (b) the risk, of overcapacity and economic loss from stock failures, damaged ecosystem and lost public confidence in the relevant management agencies and (c), the challenge of economic viability for fisheries should management costs be internalized.

In this context he concluded that certain deepwater fisheries have been profitable and sustainable - so far and, certain other fisheries have been sustained, though little is known about their profitability. Some of the fisheries are unregulated, but where there has been regulation, it does not assure sustainability or profitability.

He noted the long-lived nature of deep-sea species, thus allowing them to sustain only low rates of fishing mortality. He also noted that, as demersal fisheries, they are often associated with a three-dimensional habitat that is susceptible to degradation when impacted by fishing gear.

His presentation also noted that many assertions were commonly accepted but that it was uncertain what confidence one could have as to their truth, e.g. that the deepwater stocks were vulnerable, that their fisheries were characterized by high degrees of biodiversity and endemism and that deepwater fisheries pose a particular threat to the functionality of their associated ecosystems. The distinction was made between inappropriate fisheries management and inadequate fisheries management. Also, there was a need for clarity in considerations of the effectiveness of marine protected areas between that of providing for habitat protection, maintenance of biodiversity and the needs of fisheries management.

In his presentation he recognized that management had often failed or functioned poorly: Fisheries often started without appropriate authorization so that information on fishing activities was not collected and control were not implemented, even where this might have been possible. Where it was, assumptions about stock productivity were optimistic resulting in the need for subsequent reductions in fishing activity. In the absence of necessary data, stock assessments were, at times, inconsistent and, for whatever reason, had a strong single-species orientation.

In looking ahead, it was stressed that progress in improving the science in support of the management of deepwater stocks and their governance must move in parallel and at several scales - national, regional and global. The science must better address issues of spatial scales, the dynamics of fish aggregations, their ranges and stock structures. Lack of knowledge about these topics was largely responsible for uncertainty about the validity of common assertions about deepwater fisheries. For example, how can we know that deepwater stocks are vulnerable to overfishing without knowing the relationship between aggregations that are fished and their stocks? In terms of management science, the challenge is to develop strategies that are robust uncertainty and that complement appropriate operational procedures and management evaluation procedures. On a global institutional basis, this will require embracing existing initiatives such as the FAO Strategy for Improving Information on Status and Trends of Capture Fisheries, and global scientific programmes such as the Census of Marine Life whose scope goes far beyond that of only fisheries. This challenge can profit from existing organizations on which they can build and, indeed, it may be time to consider a new era of international deep-sea expeditions.

In terms of the challenges for governance Dr Sissenwine noted that many critical initiatives are in play, e.g. implementing the FAO Agreement on Compliance, embracing the Ministerial initiative on "IUU" fishing, finding acceptable dispute resolution mechanisms and preparation of technical guidelines for the management of deep-sea fisheries. Existing protocols too, need to be given effect, e.g. the FAO Code of Conduct and the Precautionary Approach in national EEZs, by RFMOs and on the high seas. States and RFMOs need to find ways of regulating deep-sea fishing so that it occurs only when authorized and is subject to ecological risk assessment and precautionary development plans. Means must be identified to require all vessels fishing on the high seas to be equipped with vessel monitoring systems. And, independent audits of the performance of RFMOs will help identify substandard practices, but here a question left by Dr Sissenwine was, will governments find the political will?

In terms of protocols, the Conference identified the question of the sufficiency of existing arrangements and whether the UNCLOS, the UNFSA, and existing RFMOs provided the necessary basis to successfully address the challenge? Or, Dr Sissenwine asked, must the UNFSA be extended, or new RFMOs created, or should there be a UN resolution call for a moratorium on highseas deepwater fishing? If marine protected areas are to be part of the way forward, then a new arrangement may be called for by which they can be implemented. He went so far as to raise a question about the viability of freedom of the high seas when it comes to responsible governance of high seas fisheries.

The way forward, in Dr Sissenwines view, could be an FAO Technical Consultation on deep-sea fisheries to appropriately address these issues and to define how important deep-sea fisheries are and whether resolving the management problems of these fisheries can avoid the legacy of the freedom of the high seas.

The Way Ahead: An Administrator’s Perspective II - Dr Carlos Verona, DALTEC, Argentina

Dr Verona noted the Sisyphean[7] task faced by those attempting to manage fisheries resources and those especially those found in deep waters. This metaphor he complemented with a quotation from Shakespeare - "Being unprepared, our will became the servant to defect..."[8]. His summary stressed the importance of the effective integration of all the elements of a fishery - the activity of fishing, the characteristics of the fishing grounds, interpretation of the events and results of fishing, the processing of information, the gaining of intelligence complemented by management that was effective, responsible and accountable. Further, these activities, he noted¸ were also involved a reverse integration with subsequent elements recursing in their effects on those that were earlier.

He endorsed discussions by Conference participants that the RFMOs should be provided all means to strengthen their activities. This might be done using such tools of strategic planning as:

In this context, Dr Verona noted that the International Standards Organization had prepared a standard (ISO 9000:2000[9]) that specifies requirements for a quality management system where an organization:

i. needs to demonstrate its ability to consistently provide products that meet customer and applicable regulatory requirements and

ii. aims at enhancing customer satisfaction through the effective application of the system, including processes for continual improvement of the system and the assurance of conformity to customers and application of regulatory requirements.

He extended his presentation by noting the interplay of prophecy, perceptions, the need for mental models and their interpretations, the need for action and the likely effects and consequences.

CCAMLR - Quo Vadis: View from a RFMO - Dr Denzil Miller

Dr Miller focused his perspective of future governance issues on one of the most pressing issues confronting the members of the CCAMLR - the development of IUU fishing in the CCAMLR area, the challenges it posed and the solutions the Commission had identified to pursue. In describing these issues he drew on his experience as the Executive Secretary for the Commission, an organization of 23 member countries[10].

In this task, he noted that the CCAMLR, as a regional fishery body, faced a variety of institutional issues. These he summarized as follows.

In the face of the persistence of many other global problems it was proving difficult to maintain interest and commitment to resolving the problems that the CCAMLR confronted. New emergencies and crises had arisen and diverted attention from finding solutions to those that had not already been resolved. An example has been the global attention given to the consequences of the "War on Terror". An effective response to this challenge required continuing emphasis on ‘Service Delivery’ by the Commission and the allocation of resources to promote public and political awareness of the need to resolve existing problems.

Many of the issues that confront the CCAMLR within its mandate fall, at least partially, within the mandate of other regional fishery organizations, United Nations agencies and inter-governmental and non-governmental organizations. This can result in an erosion of the perceived ability, or mandate, of CCAMLR to address issues that fall within its range of competency and which are also the objective of such organizations. One such example was the role of Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in listing species whose management falls within the purview of CCAMLR. Issues such as these require that CCAMLR members and its staff make a sustained effort to inform decision-making by relevant parties and assist in appropriate self-promotion by CCAMLR of its role. They also participate in the activities of related organizations to ensure CCAMLR’s competencies are recognized and its mandate is well understood.

CCAMLR consists of a fairly large number of members and one perception is that some members tolerate IUU fishing. This issue must be addressed through moral persuasion, the building of consensus among the Commission’s members and by promoting support for penalties, such as the loss of landing and product discharge rights by those shown to have acted illegally or who have dishonestly reported their fishing activities. Related issues have been those of increasing compliance with regulations and the corresponding political will of members to do so - a function of the priority they assign to supporting the Commission’s activities.

The CCAMLR is not the only organization that has international competencies in its mandated region and thus, in certain cases, it must consider its activities in relation to the activities of others. One such situation arises from The Protocol on Environmental Protection to the Antarctic Treaty (the Madrid Protocol). The CCAMLR’s different approach to similar issues and problems may arise from its philosophy that reflects the Commission’s particular emphasis and view, but it remains cognizant of the competition for limited resources from others and the need to consider their perspectives. The response of CCAMLR has been to promote and participate in dialogue where needed and to exchange staff and officer holders with corresponding organizations, e.g. the Chairman of CCAMLR’s Scientific Committee has participated in the work of the Committee on Environmental Protection of the Antarctic Treaty programme.

The increasing demands of the CCAMLR to service an expanding repertoire of problems face the constraints of limited funds. One consequence is an increasing shortage of new workers to address both existing and new problems and programmes. The response to this situation has been to implement a programme of education and outreach to improve dissemination of information. To mitigate this problem, the Commission has been endeavouring to source special funds and the possibility to have access to the proceeds of successful prosecutions for fishing infractions in its region of competence.

Because of the long-time commitment and involvement of most participants in the CCAMLR process there was been a view that the Commission acts as a ‘Closed Shop’ with a consequential perception that there is a lack of transparency as to how the Organization operates and how decisions are made. Again, the Commission’s response has been to implement a programme of outreach, self-promotion, education and dissemination of information through an explicitly designed communications policy.

The Commission also faces a number of practical challenges. Among these is inadequate enforcement of regulations, though this has been mitigated by improved co-operation between members, notably Australia, South Africa and the United Kingdom. While such developments have been welcome, there is awareness that for many important fish stocks that have been depleted, this action has been too little and too late. Other issues that the CCAMLR faces, not unlike many other fisheries bodies, is the role of consensus in coming to agreement on important policy and operation decisions and the unavoidable complexity of many of the regulatory requirements. Two such initiatives are the Catch Documentation Scheme for Patagonian toothfish and the introduction of precautionary catch limits in management decisions. It was noted that more effort must be addressed to improve the knowledge base for decision making in what are commonly situations of considerable complexity. This includes the fields of technology, science and the management of uncertainty. In tandem with the expansion of factors being considered has been increased expectations of delivery of concrete results by the Commission and the need to expand considerations to include that of economic values and intangibles such as heritage value. This in turn has lead to the need to address the categorization of benefits. Other concerns in relation to governance have included the issues of member’s self-interest, the capacity of the Commission to fulfil its mandate and means of assessing its performance through appropriate methods of appraisal.

Governance and International Institutions - Mr Michael Lodge, International Seabed
Authority, Jamaica
[11]

Mr Lodge, by way of his wrap-up presentation reviewed the mandate and concerns of the International Tribunal for the Law of the Sea. He noted that this institution was a specialist tribunal established to deal with disputes arising out of the interpretation and application of the 1982 Convention on the Law of the Sea.

Mr Lodge provided a succinct review of the current Objectives of High-Seas Fisheries Governance, which he saw as embracing the following critical points.

What was needed, Mr Lodge noted, was an appropriate Methodology, which might be achieved through a Resolution on a Declaration of Principles. Such a Declaration should require:

For this what was required was a particular Strategy for Governance of Fisheries. This would involve:

He noted that the 1955 Rome Technical Conference on the Conservation of the Living Resources of the Sea had addressed many relevant issues in the context of ocean exploration and in addressing high-seas fisheries issues. Many important issues were debated and in particular it was agreed that conservation and management of high-seas fisheries resources should only be done through international cooperation in research and regulation. Further, the best way of achieving this would be through establishing regional conventions based on the geographical and biological distributions of the marine fish populations concerned.

In terms of a Strategy for Ocean Exploration, Mr Lodge informed of the need to ensure that:

In terms of a strategy for high-seas biodiversity, he felt it important that high-seas areas of particular scientific interest be identified for intensive international study and conservation, possibly using the International Seabed Authority as a mechanism for regulating such activities. In addition, the results should be used as the basis for global regulation to prevent and, or, minimize the loss of high-seas marine biodiversity.

A Global Perspective - Ms Kristina Gjerde, Environmental Lawyer and High Seas Policy Advisor, IUCN Global Marine Program

In establishing a framework for her presentation, Ms Gjerde noted the comprehensive structure of international agreements, governance mechanisms and declarations that were relevant to deep seas fishing activities beyond national jurisdiction. These institutions and agreements reflect global commitments to protect living marine resources and preserve the marine environment based on ecosystem-based and precautionary approaches. These include:

In this context, the Convention on Biological Diversity has particular relevance to the discussions of the Conference in the context of protecting the deepwater benthos beyond national jurisdiction. Article 3 of the convention requires Parties "to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or to areas beyond the limits of national jurisdiction."

For its part, the United Nations Fish Stocks Agreement requires Parties to:

i. prevent overfishing
ii. minimize the impact of fishing on non-target, associated and dependent species and ecosystems
iii. protect habitats of special concern
iv. apply the precautionary approach and
v. protect biodiversity in the marine environment.

Despite this framework of responsibility for protecting habitats and biodiversity beyond national jurisdiction from fishing and other activities, the United Nations General Assembly has noted with increasing concern the need to improve the management of risks to deep sea biodiversity. In 2003, in Resolution 58, Paragraph 51 the UNGA ".....reiterates its call for urgent consideration of ways to integrate and improve, on a scientific basis, the management of risks to the marine biodiversity of seamounts, cold water coral reefs and certain other underwater features..." Thus, Ms Gejerde noted, there was clearly a need for urgent action to address the impacts of high seas bottom trawling on vulnerable deep sea environments, particularly seamounts and cold water corals.

However, before deep sea bottom trawling on the high seas can be effectively and sustainably regulated, there were several ‘gaps’ that require attention in (a) the field of fisheries biology, (b) institutions of governance, (c) enforcement of regulations, (d) participation by those with a stake in this issue and (e), application of current understanding of deep-seas ecosystems and biodiversity to deep-sea fisheries.

In terms of the science that is required, previous sessions of this Conference have demonstrated that fisheries biologists are only beginning to understand what they do not know. Information is lacking on what fish stocks are targeted and where; what their biomass- recruitment relations are; the extent and importance of bycatch (which is known to include particularly vulnerable and rare deepwater sharks and rays); knowledge of the deepwater fisheries habitat and how it is affected by fishing; and the nature of these ecosystems and their associated biodiversity. There is clearly a need for a comprehensive assessment of deep-sea ecosystems, biodiversity, affected species and their resilience to human impacts. It is also essential to better understand the relationships between deepwater ecosystems and pelagic species and ecosystems.

In terms of the gaps in governance, Ms Gjerde noted that large parts of the oceans lacked a competent authority to regulate bottom fisheries, and in other areas, the authority had not yet been exercised. The level of commitment required to address unsustainable fishing levels and destructive fishing practices appeared to be lacking, other than perhaps in the Southern Ocean under the CCAMLR. There was also a record of poor compliance by fishing operators on the high seas accompanied by an inability of institutions to enforce regulations in such situations. Gaps in enforcement could arise from inadequate flag-State control over ships under their jurisdiction compounded by the inability of other states to enforce conservation measures on the high seas.

Another "gap" was that of effective participation by relevant stakeholders. There is a need to involve all relevant stakeholders, including non-users, but few mechanisms exist to ensure their effective participation. Thus scientists and others are forced to resort to ‘Statements of concern’ issued to the United Nations General Assembly. A recent example of this was a statement of alarm over the impacts on high-seas bottom trawling on cold-water corals and seamounts signed by over 100 scientists attending two expert symposiums on deep-sea biology and cold-water corals earlier in 2003.

Compounding this was the "gap" in scientific expertise, well noted in discussions at the Conference itself on the impact of deep-sea bottom trawling on seamounts. Despite a scarcity of seamount research and a poor understanding of benthic ecology, a great deal was already known that should be taken into account. The OASIS project (Oceanic Seamounts: An Integrated Study - a project funded by the European Commission) has documented seamounts as important breeding and feeding grounds for pelagic and demersal fish. Results of this and other programmes have shown that the deep-sea floor hosts vast numbers of benthic animals (e.g., hard, soft and horny corals, sponges, sea lilies, sea squirts) and provides habitat and food for many other animals. Many seamounts show high levels of species endemism and others may enable species to spread across ocean basins by facilitating dispersion. They may also provide refuges for relict species. An example of the prolific species diversity of seamounts is shown by one study of the deep-sea fauna off New Caledonia. More than 2000 species have so far been recorded, of which more than half were previously undescribed. This should have been a major topic of discussion at the conference, but there were no plenary presentations - only one poster in the foyer.

Ms Gjerde noted that advancing conservation and sustainable use of deepwater fauna beyond national jurisdiction will require action in the short, medium and long term. In the short term, leadership could be provided by the few states involved in deepwater fishing (only 11 or 12). They should:

Coastal states could provide leadership by seeking to protect the sedentary resources of their outer continental shelf (where this extended beyond the 200 nm exclusive economic zone) from the impact of high seas bottom trawling. They could, for example, take a case to the International Tribunal for the Law of the Sea. Concerned States could also support UNGA resolutions on conservation of biodiversity, equity and sustainability of high seas bottom fisheries. Campaigns to inform the public could be complemented by education of consumers.

In the medium term, the UNGA should act to establish global conservation and management measures for unregulated fisheries emphasizing the duty of States to conserve and cooperate in the management of high-seas bottom fisheries. The UNGA should also better define and improve the conditions for control of what are now unregulated fisheries. This could be done by ensuring the rapid establishment of "arrangements" to regulate existing or emerging high seas bottom fisheries. There is also a need to document global catches and monitor trade in high-seas species. Full implementation of the 1993 FAO Compliance Agreement and FAO IPOA on IUU are essential. And, any unregulated fishing as defined by the FAO Plan of Action on Illegal, Unreported and Unregulated Fishing should be recognized as "piracy" and stopped.

A second suite of medium term actions should involve extension or application of the principles and provisions of the UNFSA to all high-seas fish stocks, including bottom fish stocks, and not just highly migratory fish stocks and straddling fish stocks. Together with the FAO Code of Conduct for Responsible Fisheries, it provides a strong basis for ecosystem based management, precaution (i.e. risk aversion), habitat protection (e.g. through area closures and marine protected areas (MPAs)), and imposition of gear restrictions to eliminate destructive fishing practices.

A third level of medium-terms actions would involve reforming and upgrading RFMOs to incorporate the ecosystem-based and precautionary management principles of the UN Fish Stocks Agreement and FAO Code of Conduct. This could be done through mechanisms such as a system of peer review of RFMO operations. Standards for review could be based on the provisions of the UN Fish Stocks Agreement, the FAO Code of Conduct, FAO International Plans of Action (IPOAs), and the United Nations principles of Governance. It should be recognized that assistance or incentives may be needed to expedite this internal evaluation process. This could include a system of NGO scoring and/or a white list/black list approach based on how the RFMOs were performing.

In the long term, Parties to UNCLOS should consider establishing an implementing agreement or agreements for high-seas biodiversity conservation and institutions through which this could be achieved. These should ensure that modern governance and management principles and practices (e.g. precaution, conservation, sustainable use, equity in participation of stakeholders, transparency in methods of operations and accountability to those affected) apply equally to all high seas activities. Funding could be based on the "user pays" principle.

Such an implementing agreement could:

Long-term action is also needed to address the issue of public trust, or stewardship, of the high seas. This might take place through some form of council whose objectives would be to (a) preserve the natural capital, e.g. fish stocks or bio-diversity, (b) ‘save’ or invest the interest and (c), protect the interest of the beneficiaries - our children and our children’s children and the oceans upon which they depend.

In closing, Ms Gjerde stressed that given the lack of knowledge about deep-sea ecosystems, species and the long-term effects of fishing impacts, there is an urgent need to apply a precautionary approach to ensure sustainable use and conservation of deep-seas biodiversity and its environment. It will require all to work together towards these essential goals.

An International Legal Perspective - Professor Moritaka Hayashi, Waseda University, Japan

Professor Hayashi, in his prognosis of the way ahead, used an analogy that had been developed in an earlier presentation, that was whether progress in improving the institutions of governance of the deepwater fisheries of the high seas would be best done through the ‘front door’, ‘back door’ or ‘side door’.

A Front Door approach would be equivalent to that of a binding treaty and here there were various ideas as to how to proceed. One approach would be to expand the remit of existing regional fisheries management organizations, or, perhaps, to establish a Global Fisheries Organization. Here an important question would be whether to restrict the mandate of such an organization to fisheries only or to endow it with a mandate for governance of wider aspects of oceans use. He also noted that if ocean stakeholders wanted a mechanism or regime that could manage high-seas marine protected areas, then a new arrangement or agreement would be needed. In this case, one possibility was that of a Global Trust. This was not a new idea and 30 years ago there was much discussion along these lines in terms of the Common Heritage of Mankind[12]. However, while this may be an ideal solution it could involve a long time to implement. Despite this, all these options are possible.

A Back Door approach would make use of the various mechanisms allowed by ‘soft law’. In this context, among various ideas that have been put forward is that of using the United Nations General Assembly to declare and, or, adopt principles of oceans use, though experience has shown that it has been notoriously difficult to get agreement on what are appropriate actions. Professor Hayashi thought this to be a useful approach, but also noted that achieving a moratorium on deepwater fishing through the United Nations would be unlikely as it would require a consensus on the part of the Assembly - something that was unlikely. In pursuing a soft law mode, the FAO could do much through development of guidelines and a new code of conduct that recognized the particular circumstances of high-seas deepwater fisheries.

A Side Door approach would be one that involved amending the UNCLOS. However, he stressed that he thought this approach to be particularly delicate (i.e. re-opening the various articles of the Convention for debate). Rather, he was of the view that we should continue to think about possible measures or arrangements of a practical nature to resolve the issues arising as a consequence of the gaps in the Law of the Sea Convention.

In looking ahead, Professor Hayashi thought it would be appropriate for the main sponsors of DEEP SEA 2003 to take the outcomes of Conference to the Committee on Fisheries of the FAO and appropriate forums at the United Nations. The FAO might commence a new series of consultations and expert meetings on issues that were within its remit. It was also felt that the importance of the regional fisheries management organizations must be recognized and deep-sea fisheries issues could be well addressed through their meeting in Rome at the FAO in March 2005.

An Industry Perspective - I: Martin Exel, Austral Fisheries Pty. Ltd, Australia

Mr Exel, drawing on his managerial experience in operating high-seas fisheries within the requirements of existing management regimes stressed three requirements for all those with a stake in responsible governance of deepwater fisheries:

In coming to terms with the illegal, uncontrolled and irresponsible operators of many deep-sea fishing companies prosecuting Patagonian toothfish on the high seas, and within national EEZs when they could, the Coalition of Legal Toothfsh Operators (COLTO) ‘got real’. The members of this voluntary industry coalition recognized that complaining to each other and to those struggling with the mandate to address these issues was not effectively confronting those fishing operators who were doing the wrong things - legally! COLTO stresses their view that their Governments must assert control over high-seas fisheries. In the case of conservation groups, it is essential that they too ‘get real’ and figure out which ways work effectively and which ways are counter-productive and work against stakeholders who share common objectives. And, all who share the concerns over IUU operators and suffer their consequences must work together, within their own sectors and with others in the other sectors - industry, conservation and government.

He acknowledged that the Industry needs to recognize that some of its activities are bad and that there are some crooks within its ranks. Mr Exel challenged all present to ‘get frustrated’ as stakeholders’ passion is needed to resolve the problems that exist. Initiatives can be hard to sustain - ISO fish, an Australian NGO dedicated to saving the toothfish, worked well at first but then lost its passion and stopped.

Finally, Mr Exel stressed that those involved must ‘get together’. No individual group of stakeholders has all the answers but together they can create a solution. And, while extremists do not produce solutions - they do provide passion. By combining these elements Mr Exel believes that all stakeholders can get results - together. Deepwater habitats can be protected, IUU fishing can be eliminated, and sustainable fisheries can be ensured for present and future generations.

An Industry Perspective - II: Mr Dave Sharp, New Zealand Seafood Industry Council

In his presentation Mr Sharp noted that New Zealand has much experience of all types with deep-sea fisheries and that the New Zealand experience was that most deepwater fisheries management regimes within EEZs have the opportunity to remedy past mistakes made by their management. In New Zealand, Industry has a growing high-seas deepwater fishery that is strictly controlled. All catch must be reported; all vessels must have vessel monitoring systems and carry marine observers if required. These fisheries are Legal, Regulated and Reported!

The New Zealand industry recognized, and stressed, that they want to contribute to the progress in the management and governance of deepwater fisheries and that they are eager to play their part. He further noted that those at the Conference had heard much about the negative consequences of the various deepwater fisheries, but he felt that there was a need to acknowledge the positive advances and contributions made by the industry as well. As such, while the Industry may be part of the problem it can also be part of the solution.

He identified a wide range of ways in which the industry can, and does, contribute to responsible management of deepwater fisheries. These included:

The Industry recognizes the need for effective management of fisheries on the high seas and in the Southern Hemisphere fishing countries have been and are willing to work together. Mr Sharp also identified policies that the industry believed would promote good governance of these fisheries. He believed that, where possible, there was a need for explicit fishing rights as in these situations fishers respond well to the incentives they provide for responsible fishing behaviour. He was of the view that a moratorium on high-seas deepwater fishing would not resolve the management issues that remain to be addressed. But, the Industry was of the view that there was a need for an effective high-seas compliance regime - something that did not exist at present.

He noted that the problem of IUU operators remained but there was no excuse not to make a start in confronting the problems they pose and identifying and implementing the solutions needed to resolve this problem. In doing this, he noted that fishing industries around the world had seen the benefits of global industry cooperation and their experience was that peer pressure is effective in mitigating this problem. He also noted the need for the Industry to reach out and work cooperatively with governments, environmental groups and others in civil society. As such, the Industry was aware that they do not have all the answers to the problems they faced but he stressed that they are willing to listen and contribute to the solutions.

An Administrator’s View II: Mr Geoff Richardson, Australian Fisheries Management Authority

In this summary, the point was stressed that many issues confront governments in their approach to administration of deepwater fisheries. Among these are the gaps in the international frameworks for regulation of high-seas fisheries, and the need for the government’s own mechanisms for monitoring deep-sea areas, both within EEZ and on the high seas, for fisheries and marine conservation.

The challenges are clear: in moving forward it was apparent that there is no single solution or ‘magic bullet’ - rather much frustration. The challenges to be confronted will require a suite of actions. Such actions will include:

2. END-OF-CONFERENCE PERSPECTIVES OF THE STEERING COMMITTEE

2.1 Introduction

As DEEP SEA 2003 proceeded, it became progressively clearer that the concerns of those at the Conference could be grouped into:

i. issues of management and compliance that are common to all fisheries, inshore and offshore an

ii. those that, if not unique to deepwater fisheries, were mainly the concern of this type of fishery.

Common Issues and Problems

2.2 Future activities

A continuing theme of discussions and presentations at DEEP SEA 2003 was to advance efforts at addressing the many weaknesses, if not failures, of management, governance and institutions that had been identified and discussed during the period of the Conference. A number of specific programmes were identified and these are summarized in FAO (2005)[13]. These address the issues of Strategic Objectives and a way forward, and Operational Issues and a Time Frame for Addressing Deep-sea Fisheries Governance and Management Challenges and programmes recommended for implementation (Section 2.3). The proposals could generally be classified as those consisting of (a) reinforcing ongoing initiatives, (b) implementation of new measures but using existing instruments and (c), those that envisage the creation of new management regimes and protocols with particular emphasis on areas of the seas that are not currently subject to some form of effective management protocol. These proposals ranged from operational activities such as improving data collection, to considerations of strategic issues, e.g. how access to high-seas resources may be better addressed to common benefit and the need to revisit issues that time has shown were inadequately address at the Convention responsible for the current Law of the Sea agreement.

It was beyond the objectives and nature of the Conference to identify how these initiatives might be funded, but participants were aware that this was an issue that would need to be satisfactorily addressed.

2.3 Programmes recommended for implementation

2.3.1 Background

During DEEP SEA 2003, a number of possible initiatives that were in need of attention and that would advance the theme of the Conference were raised. Many of the suggested activities are listed in the following sections as much to stimulate continued discussions as to what may contribute to better governance and management of deepwater fisheries as to identify positive steps that may be taken in the near future. The actions proposed below do not reflect any formal conclusions of the Conference, but the Steering Committee believes that it is useful to list them as they ought to provide a sound basis to provide direction for planning future initiatives.

2.3.2 The need for information concerning past deepwater fisheries

Many deepwater demersal fisheries were not sustainable and no longer support active fisheries. Many of these fisheries occurred when there was neither little international obligation to collect information with the detail that is needed for effective resource management purposes nor a well developed understanding of the importance of doing this. Further, in times past, many countries had neither the national legal basis, nor the interest, in insisting that their vessels operating on the high seas, and which were often based offshore and landed their catch into distant ports, provide more than the minimum catch and effort data required by the port authority at the point of discharge. However, such information is essential if resource analysts are to understand the reasons for the current status of deepwater stocks. Thus, a globally-coordinated effort is needed to document past deep-sea fishing activities. This would require determining the nature of past catches in terms of their species composition, the possible past age structure of the unfished resource, the fish-stock origins and an attempt at estimating the fishing effort that has been expended. The current status of deepwater fishing and fish stocks should also be determined on a global basis together with an estimate of the amount of fishing effort currently being expended. This information would be usefully collated in a single document or readily accessible database.

2.3.3 Securing and archiving information concerning extant deepwater fisheries

While many states now legally require their flagged vessels to report full information on their high-seas fishing operations, this is not the case for all deepwater fishing countries. A range of reporting requirements exist, which at their minimum result in only summary operations data being provided to authorities at ports of product unloading. Further, this information is often ambiguous, e.g. many discharge manifests fail to distinguish between the different possible types of product - whole, H&G, fillets, etc., complicating interpretation of the data. Such problems further complicate, if not prevent, efforts to analyze the effects of fishing on deepwater fish stocks and to determine the resource status. Further, even when such information has been collected it must be rapidly made available in appropriate detail for stock assessments and provision of harvesting advice. Many national fisheries authorities fail to do this. Immediate efforts are required to ensure that data and related information on current high-seas deepwater demersal fisheries are recorded in appropriate formats and in sufficient detail, preferably by fully implementing existing agreements or through negotiation of new arrangements.

2.3.4 Evaluation and documentation of deepwater fishery resource management standards and practices

Experiences described at DEEP SEA 2003 indicated much progress had been made in improving stock assessment methods and harvesting strategies in some regions, so as to improve the sustainability of deepwater fisheries. But, it was clear that much remained to be done. Further, it was recognized by the Conference that progress had been highly uneven among different management regimes. It was noted that a global review and evaluation of regional harvesting strategies that considered stock productivity, harvesting rates and included agreement on appropriate management of risk would be of considerable benefit, especially for new developing deepwater fisheries.

2.3.5 Bycatch issues

Fishery bycatch occurs in many deepwater fisheries, including bycatch of long-lived benthic invertebrate fauna, but the extent of bycatch varies among fisheries and locations. Except when vessels carry marine observers, little information has been collected and made available for assessing the impact of deepwater fishing on such bycatch species. A coordinated global effort is needed to ensure that deepwater fishery bycatch data are collected, archived, analyzed and reported. Based on such information, improved assessments of the effects on bycatch of deepwater fisheries should be undertaken in a globally-coordinated manner so relevant knowledge becomes available, archived and shared among those involved.

2.3.6 Evaluation of status and threats to deepwater fisheries habitat

Several Conference presentations and interventions emphasized the damage, past and present, that inappropriate bottom trawling can do to marine fish habitats and the potential harm this may cause to future recruitment of commercially-exploited deepwater species. Many instances of damage to benthic fauna have been documented and a broader assessment of this problem is needed together with an evaluation and implementation of mitigating measures. This would include development of environmentally safe and selective fishing gears as called for by the UNFSA and the FAO Code of Conduct and protected or areas closed to fishing or certain types of gear, and proposals for jurisdictional mechanisms to ensure compliance with any protective or remedial measures.

2.3.7 Review of the global coverage of management of deepwater fisheries

No current inventory of deepwater stocks and their fisheries that remain unregulated by a fisheries management organization exists. Nor is there current information on a global basis of deepwater resources that may be within the management jurisdiction of a regional fisheries body but which remain unmanaged and, or, unregulated. Such an inventory, if prepared, could complement an assessment of existing and, or, potential, concerns as to the sustainability of deepwater fisheries resources, fish habitat quality or issues relating to conservation of deepwater biodiversity.

2.3.8 Management of seamount fisheries

The Conference was informed of the particular features of seamounts - isolated seabed features, often characterized by unique or rare benthic invertebrate and fish communities. It is believed that the current flows around and over seamounts result in increased localized productivity that enhances fish stock recruitment success. Thus, seamounts are of particular importance both for their fisheries and for their biodiversity. The number of seamounts in the world is unrecorded but may exceed 100 000 depending how such features are defined. Perhaps more than half of all seamounts occur in high-seas areas. Many seamount fisheries have been depleted while the sustainability of other seamount fisheries remains a concern. Considerable damage to the benthos by fishing gear has been recorded on many seamounts, though only a small number have been examined. Fisheries associated with seamounts may benefit from specialized attention that draws on existing expertise in countries already managing such fisheries. Such efforts could also identify means of mitigating the effects of demersal trawls on benthos and means of protecting vulnerable areas. Such an effort could also examine the potential benefits from selecting a number of seamounts to become protected marine areas. Should there be grounds for doing so, a global programme should be developed to implement such a proposal.

2.3.9 Strengthening the capacity of Regional Fishery Bodies to manage deepwater resources

The importance of RFBs that have a mandate for management of deepwater fisheries is clear. However, the management of many such fisheries may not be addressed by such bodies. In some cases this may result from the lack of legal and, or, technical competence to do so. A global assessment of the role and mandate of existing regional fisheries bodies and, or, a performance audit would identify where assistance may benefit improving the regional governance of deepwater resources. This review should identify deepwater fisheries for which there are no management agreements or in management areas where there are no conservation measures to address damage caused by deepwater fishing. Such a review could include:

Such a peer review could determine determine where the need exists to expand the mandates of relevant RFBs to encompass ecosystem-based management of deepwater fisheries. Where new RFBs or arrangements are necessary, the benefits of preparing a handbook that addresses the specific management needs of deepwater fisheries, not least development of appropriate harvesting strategies and documenting relevant information and experiences of existing deepwater management situations. The review should also identify where potential overlap of mandates for management of deepwater resources occurs, either in terms of management areas and, or, of regulated species.

2.3.10 Review of the current legal regulatory framework for deepwater fisheries

Many participants at DEEP SEA 2003 noted that existing arrangements for the governance of deepwater fisheries had often failed to protect the fish resources. Among reasons for this was (a) failure of the 1995 Fish Stocks Agreement to address the conservation and management of discrete high seas fish stocks, (b) the failure of States Party to the 1995 Fish Stocks Agreement to apply it to straddling deep seas fish stocks; (c) the poor implementation and non-specific nature of marine biodiversity obligations that apply on the high seas and (d), the incomplete regulation of deep-sea fisheries at global and regional levels. Thus, a review of the implications and potential for reform of the international legal regime for high seas fisheries was considered to be timely. It was thought that such discussion may offer guidance to States considering possible amendments under the procedure of Article 312 for the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and for the 1995 United Nations Fish Stocks Agreement which is to be reviewed in 2006. Other, perhaps more complex, issues that were also identified as potentially benefiting from analysis and review were (a) means for establishing access rights to deepwater fisheries and how such entitlements may be defined, implemented and amended, (b) ensuring responsible flag state performance, (c) enhancing RFMO capacities to effectively manage deepwater resources and (d), improving enforcement capabilities.

2.3.11 Development of a Code of Practice for management of deepwater fisheries

Given the particular management requirements of deepwater fisheries, many Conference participants believed it would be useful to prepare a management code of conduct for such fisheries. The recommendations as to how these fisheries may be managed should build on the results of the other possible post-Conference activities mentioned above. Such a code may have to address the differing circumstances affecting governance protocols found within EEZs, those applying to shared stocks, those applying to straddling stocks and those applying to fish stocks found exclusively on the high seas. An issue directly associated with such concerns is the method of setting total allowable catches and procedures for formalizing the management of risk in these procedures. Such a Code should address the operationalizing of Precautionary Approaches to decision making regarding harvesting strategies and decisions in the context of deepwater fisheries.


[5] 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).
[6] The FAO Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas. The agreement entered into force on 24 April 2003 with the acceptance by Republic of Korea as the 25th depositor of the instrument. As of 14 October 2004, the total number of instruments of acceptance, including one international organization, stood at 29.
[7] Sisyphus, according to tradition, betrayed the secrets of the gods and chained the god of death so the deceased could not reach the underworld. He was punished by the gods who condemned him to ceaselessly rolling a rock to the top of a mountain, whence the stone would fall back. They thought this futile and hopeless labour to be the worst punishment.
[8] Macbeth. Act II. First Scene. Shakespeare, 1623.
[9] All requirements of this International Standard are generic and are intended to be applicable to all organizations, regardless of type, size and product provided. Where any requirement(s) of the Standard cannot be applied due to the nature of an organization and its product, they can be considered for exclusion. Where exclusions are made, claims of conformity to this International Standard are not acceptable unless exclusions are limited to requirements within Clause 7, and such exclusions do not affect the organization's ability, or responsibility, to provide product that meets customer and applicable regulatory requirements.
[10] 6 Brazil, Chile, European Community, France, Germany, India, Italy, Japan, Korea, Norway, Poland, Russia, South Africa, Spain, Sweden, Ukraine, U.K, USA and Uruguay. Bulgaria, Canada, Finland, Greece, Netherlands, Peru and Vanuatu are parties to the Commission.
[11] Current address: Ministerial Task Force on IUU Fishing, OECD, Paris, France.
[12] Proposed in 1967, this philosophical idea challenged the basis of existing regimes governing globally important resources and proposed major changes to the way the world applies the existing norms. As such, the concept of the Common Heritage of Mankind involved a critical re-examination of the well-established principles and doctrines of classical international law, such as acquisition of territory, sources of international law, sovereignty, equality, resource allocation and international personality.
[13] Report on DEEP SEA 2003, an International Conference on Governance and Management of Deep-Sea Fisheries. Queenstown, New Zealand 1-5 December 2003. FAO Fisheries Report. No. 772. Rome, FAO. 2005. 84p.

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