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Book (stand-alone)Environmental capacity; An Approach to Marine Pollution Prevention 1986
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No results found.The aim of this Report is to provide guidelines for the assessment of the impact of potentially harmful substances released into the marine environment. The Environmental (also known as receiving, absorptive or assimilative) Capacity is defined as a property of the environment, a measurement of its ability to accommodate a particular activity or rate of an activity, such as the discharge of contaminants, without unacceptable impact. The Environmental Capacity can be apportioned for various use s. The Report proposes the use of a strategy to combat marine pollution based on this concept of Environmental Capacity. It provides the scientific rationale for the assessment of this entity, the methodology of calculation based on modelling, guidelines for its systematic application, monitoring and reassessment, and provides a number of case studies in the form of examples involving various contaminants and different geographical areas. The Report opens with a short introduction outlining the basic concepts and premisses which lie behind the acceptance of disposal of wastes in the sea. When a development is first proposed, its impact on the whole environment, together with the costs and benefits to society as a whole, must be taken into account before the plans are actually implemented. The procedure is often now known as environmental impact assessment (EIA). This wide-ranging procedure embraces far more than the scientific assessment of the impact of pollutants on the environme nt and as such lies outside the terms of reference of GESAMP. Accordingly, this Report concentrates on describing the parameters and processes which have to be taken into account in the assessment of the impact of pollutants on marine organisms, ecosystems, amenities and human health, as a consequence of any discharges to the marine environment. The methodology of assessment of Environmental Capacity as proposed in the Report, involves critical pathway analysis for both conservative and non- conservative contaminants, establishment of environmental and water quality objectives, criteria and standards. Faced with the inevitability of several sources of uncertainty in real-life conditions, a probabilistic approach is proposed as an alternative to deterministic analysis. The approach proposed is Decision Analysis, and this is exemplified by a flow diagram. The Report does not describe in detail how to gather the basic data or to carry out practical tasks such as conducting toxicity t ests or measuring water movements. To have done so would simply have duplicated material which is already available in the open literature and therefore accessible to those persons who will be brought in to advise or otherwise provide expert opinion on any project. The Report does, however, provide guidelines on how to utilize information to assess the overall impact of the activity on the marine environment. Guidance is provided on those procedures which are most likely to ensure that the activ ity can be contained within the capacity of the marine environment to receive wastes without causing unacceptable effects. The methodology of assessment of the Environmental Capacity is based on scientific research and resulting data. It is, by definition, site- and contaminant-specific. It is accomplished in stages, the preliminary assessment can be accomplished using approximations such as single-box and simple mass-balance models, and by averaging over larger time scales on the assumption o f steady-state conditions. As more data become available and transport and modification processes become better understood, more accurate values of Environmental Capacity will be obtained. These can then be used in environmentally compatible development planning and project implementation. -
DocumentPilot project to improve data collection for tuna, sharks and billfish from artisanal fisheries in the Indian Ocean 2013
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No results found.The Indian Ocean Tu Commission (IOTC), acknowledging the need for improved artisal fisheries reporting by the countries in the region, proposed a study to investigate the issues affecting these countries and possible solutions to the problems. This study concentrated on the capacity that countries in the Indian Ocean have to report artisal fishery catches on near-real time but recommendations were also made in some specific cases about semi-industrial and industrial fisheries if deficiencies wer e observed. Nine countries were visited and initial assessments made on their capacities to report catches from artisal fleets in near real-time. Speed of reporting and quality of data were investigated and recommendations made where appropriate. The countries visited capture over 87% of the total catch through coastal fisheries of the three species of interest (bigeye, yellowfin and skipjack tu) to the IOTC. Other countries were not visited for a variety of reasons. Pakistan and Yemen have impo rtant catches (6.7%) but could not be visited due to security concerns; Comoros has an IOTC- OFCF project in progress, and Oman has a good reporting system in place. The limitations of this study must be appreciated. Understanding the plethora of issues in such a short amount of time, sometimes as little as five days in a country, presents particular challenges that cannot be ignored. The amount of time spent and size of each country, complexities of the fisheries, people met, institutiol linkag es, politics, and other factors influenced the understanding of the issues by the consultant as well as the actions proposed. Much of the information collected may not be considered factual but anecdotal as on many occasions people from the same or different organizations contradicted each other and it was not always possible to verify the accuracy of their claims. In addition, the lack of consistency on how data are gathered in the same country shows that the region is a long way from having co nsistent methodologies in place. Although many artisal fisheries do not target tu due to limitations in the vessels the changes proposed here apply not only to tus, sharks and billfishes but also to the rest of species as the issues encountered with experimental design, sampling and reporting are pervasive and common to all fisheries. The objectives of the mission were 1. to meet with relevant officials including the Chief of Statistics, personnel responsible for aggregation and handling of fish eries data, and representatives at the provincial and district levels; 2. to visit various ports to determine the flow of information and possible areas for improvement; 3. to describe the issues affecting the timely report of artisal fishery data and investigation of possible solutions, implementation and costs; and 4. to recommend on data collection and magement activities that would make possible close to real-time reporting of data from artisal fisheries including implementation of pilot sam pling activities and strengthening of existing data collection and magement systems. These activities aimed to answer the question posed by the Commission on whether countries in the region, as a whole, have the capacity to report accurate catches in near-real time The short answer to the question made by the Commission is an unequivocal no. There are many issues affecting the capacity of these countries to produce not only reliable but timely statistics and in this document these concerns are a ddressed individually in the country reports. This does not mean, however, that there are no countries that with small changes and a dose of political will could report significantly improved statistics in the time frame proposed. Some of the countries visited could have reduced timelines and improved statistics if collection of fisheries data were given the priority it deserves. At this time, however, the great majority of countries cannot, or do not report, their catches discrimited by species , gear and month in the proposed timeframe of one to two weeks after the end of each month. It is necessary for IOTC to define artisal vessels as the temporary definition used in this study includes boats from semi industrial and industrial fleets. Because of the diversity and complexity of fishing fleets found throughout the region, neither size nor any other single characteristic will be sufficient to describe an artisal vessel. The definition will have to be based on a series of criteria (e.g . fulfilling three out of five characteristics that may include gear used, size of boat, size of motor, autonomy, type of storage, etc). The fleets encountered in many countries show a range of interchangeable fishing techniques, capacity to fish close or far to shore, capabilities to stay from a few to many days away from port and other characteristics that are usually associated with more developed fleets. Even if a definition by IOTC exists, countries need to define their fisheries magement u nits to clearly separate artisal, semi industrial and industrial components to avoid aggregation of vessels that may use similar gear but have different capacities (e.g. sizes, autonomy, etc) and therefore different catches. Contracting and Cooperating Non-contracting Parties (CPCs) in the region have the obligation to fulfil the requirements set by the Commission. At this time near-real time reporting is not one of them but countries should evaluate their needs and consider the suggestions give n here to improve their reporting systems. To successfully implement any activities to improve reporting systems, it will be necessary for the countries to critically assess the possibilities that they have to continue the work once support, fincial and logistical, is suspended regardless if the support is exterl or in-country. It is not very useful to realize improvements if the proposed activities are discontinued soon after support stops because the responsible departments do not assign the p riority, funds or capacity to maintain them. Ideally, these changes should be incorporated into existing structures and given the importance needed to ensure procedural continuity and high quality of data. A common problem through the region is the aggregation of species under a common label (e.g. sharks). Substantial amounts of money and time have been spent on the design, compilation and production of identification guides (e.g. FAO in Tanzania and Kenya) but they have serious shortcomings as they present one or two species from groups such as tu, a resolution that leaves much to be desired. For fisheries magement purposes, data must be collected with species resolution and these guides fall short of their intended objective. A possible replacement to printed guides is the use of electronic tablets that can be used for identification purposes as well as for data collection. The use of this technology would resolve the most common problem encountered in this mission, that of considera ble delays in report production due to hold ups in entry of data. The costs of said tablets and the development of the software in most cases would be less or comparable to the cost of purchasing laptops and other computers, photocopying forms, and mailing these to the various centres. Furthermore, the use of tablets would allow for remote supervision, thus reducing the need for on-site monitoring, as many of these tablets have GPS or other methods to determine position that allow for immediate localization and monitoring of personnel in the field. This technology, however, may not be appropriate to all countries visited, as it would need reliable Internet connection and technical support. It would be possible for countries like India and Sri Lanka to start using this technology as they have already expressed interest in its use and would address the issues presented above which are relevant to these countries. The countries visited exhibited a wide range of fisheries, gears, species, and of course issues thus they are presented individually in the country reports although general comments follow to highlight the most important findings and recommendations. India possesses one of the most complex fisheries in the region because of its size, large number of boats and people. In addition, the large numbers of landing sites make this country a challenge to sample. Nonetheless, there is infrastructure and institutiol capacity to address these concerns. The Central Marine Fisherie s Research Institute gathers data in far more detail than the State Unions and at this time harmonization of techniques and sampling by the two groups is taking place. There is no direct weighing of the catch but estimates are made visually. It is proposed that validation of this technique is done frequently to ensure the reliability of the estimates. Although there is stratified random sampling in place, it is suspected that there is substantial underestimation of the catches. There is an urgen t need to revise the stratification to allocate more sampling time to major ports. Manpower, however, is the most important issue as there are only 80 enumerators to cover 8,118 km of coastline where 1,896 ports and landing sites and 3,937 fishing villages are found. Increased sampling coverage and effort are proposed as the critical issue in India. Indonesia is one of the countries of high interest due to its geographically extensive fishery and to the large volume of fish caught. It is here pr oposed that with minor modifications to its port sampling and reporting procedures, Indonesia can report its artisal catches on time and reliably. Some of these changes include improved identification and classification of species, harmonization of datasheets throughout the various districts in the country, and reduced aggregation of data as they are passed along the chain of reporting. Although there are issues with the Indonesian fishery reporting system, there are no indications to suggest th at large underreporting is taking place. There are problems with identification of species and underreporting, not so much from omission of data as for mishandling of information. In some cases tu weights are reported from processed (gilled and gutted) animals and these weights are not converted to live weight. Although it is likely that there is some underreporting due to the size of the country and the complexity of the fishery, it appears that most of the catch is reported, albeit partly iden tified incorrectly. One of the main issues of concern in Indonesia is the catch of large numbers of small bigeye and yellowfin tu associated to “rumpons”, i.e. anchored Fish Aggregating Devices (FADs). Their monitoring is proposed as a priority. Iran is home to one of the largest fleets of gillnet vessels in the Indian Ocean and currently has the best reporting system for total retained catch sampled in port of the countries visited. Large numbers of these vessels have the capacity to fish offsh ore and there is an urgent need to separate the coastal or EEZ fleet from that one that fishes on the high seas. The system in Iran covers effectively the effort (trips) for fishing vessels in its EEZ as this is mandatory and strictly enforced, but there is the need to improve the logbook system for vessels fishing on the high seas. Enumerators interview about 10% of the fleet but the same vessels are always sampled and this could be a source of bias that needs to be addressed. In addition, info rmation on gear configuration is needed to be able to standardise the effort per fishing event, something missing at this time. An important issue for the fleet fishing in this country may be bycatch of turtles, marine mammals and birds, and this will only be address accurately with observers on board the vessels. Kenya has a small fishery for tu, sharks and billfish. Although there is basic infrastructure and personnel in place, there is a need to improve the reporting system substantially, som ething already in development by the Fisheries Department in the country, with the creation of a new sampling protocol, datasheets and database. It is necessary to have dedicated enumerators (at this time personnel work on many tasks and sampling is sporadic) and basic equipment including hardware and software. The recreatiol fishery is effectively covered and there is a working database in use that houses a large dataset although it presents problems in specimen weights as these are estimated. Madagascar’s sampling and statistics infrastructure needs a complete overhaul. This will require massive amounts of money, time and expertise, assets that would be, in this consultant’s opinion, misplaced if we consider IOTC’s interests. Furthermore, the total catches of the species of interest, except sharks, are thought to be very low. It is very likely that the foreign fleet present in the Malagasy Exclusive Economic Zone (EEZ) catches most of the tu and sharks in the country. A small longlin e fleet targets bigeye and yellowfin but the catches are relatively small and the operators appear to record their catches in detail although it is unknown what the relevant authorities do with the information. The reporting of this component needs to improve to take advantage of the detailed information collected by operators. The main concern for Madagascar’s fishery is the large number of sharks caught which in many cases may go unreported. Investigation of the unreported shark catch and how to measure it is here proposed as a priority for this country. The tu fishery in Maldives is simpler than in other countries in the region. The main gear is pole and line although handlines and trolling are also used and there are plans to introduce longline. The main species caught are skipjack and yellowfin, the latter mainly for export. There are very good records of number of individuals caught and their weights for exported fish but the same cannot be said for fish that stay for local consu mption. The large number of islands and their relative isolation make it challenging to sample and monitor the fleet. An increase in effort in the various ports and landing sites and a revision of the sampling strategy are priorities for Maldives. In addition, there is mislabelling of bigeye (called yellowfin) although the numbers are low compared to the other species. Mozambique possesses one of the best data collection systems encountered. Although the artisal fleet catches small quantities of tu, the system and the personnel in place gather data with sufficient detail about gears, species and effort to allow for detailed alysis. There are reporting problems, however, as the institutiol obligations are not clear and Mozambique does not report its artisal catches to the IOTC. The semi industrial fleet, also included here because of the IOTC definition, does not have a comparable system as catch data are collected from logbooks without verification. Furthermore, concerns exist on under reporting from this and the foreign industrial fleet fishing in its EEZ. Sri Lanka’s fishery, even if similar to India’s because both are multi-gear, multi-species, is not as complex because the country does not land as much fish in as many landing places with as many gears. The harbours visited are relatively well organized and seem fairly easy to sample. As in India, the main problem is shortage of enumerators and the fact that two institutions sample for landings with different methodologies. This leads to duplication of work and it is proposed here that one institution conducts the sampling. Although there is stratified random sampling, sampling effort is not sufficient and there is a need to cover the landing sites more intensively and extensively. Collaboration between the two institutions responsible for fisheries data collection and reporting will improve the data gathering efforts in Sri Lanka. Tanzania (mainland and Zanzibar), like Kenya, has experienced marked changes in its tu fishery. Most vessels fishing for tu were from foreign fleets but they have moved away from the area due to piracy threats in this part of the Indian Ocean. Extremely small catches of tu, billfish and sharks are reported from the artisal fleet because the boats are basic and this forces them to remain very close to shore where tu species are not found in abundance. In most cases, data from artisal fisheries (within 12 nm from shore) are collected by Beach Magement Units (BMUs) who then pass the information to their respective fisheries department for collation and production of statistics. Further training of the BMUS was identified as a priority for Tanzania. The countries that need the most urgent intervention on their current sampling and reporting methodologies are India (tus and sharks), Indonesia (tus and sharks), Madagascar (sharks), Maldives (tus) and Sri Lanka (tus and sharks). These are the countries with the highest catches of tus and sharks that currently present issues with their data collection and reporting structure. In addition to the fisheries covered in this report, there are others that are industrial and which are not monitored or reported adequately. This includes the longline fishery of India and Indonesia, gillnet in Iran, and both fishing arts by the fleet from Sri Lanka. Although logbook systems are sometimes in place, the reporting from these fleets is sporadic at best and needs substantial improvement. At present, most of these fleets would not be able to report data in near-real time as proposed by the IOTC. Even though port sampling should register most of the species caught, there are species that are discarded for a variety of reasons. Furthermore, some fleets are semi-industrial or industrial because the boats are larger than 24m or they fish outside their EEZ, but the required coverage of 5 % of fishing events is not being met and they should be monitored more closely, thus the need to implement an observer programme as required by the IOTC. This is not feasible in many of the countries due to the small size of the vessels but monitoring at sea may be possible from patrol vessels where the observer does not need to spend more than a short amount of time on a boat to document the complete catch. Fishers in the countries visited may keep all of the catch (e.g. India) or in some cases may get rid of certain bycatch species because it is illegal to possess them (e.g. sharks in Maldives) or because they have no commercial v alue (e.g. birds) but this is difficult to verify. Thus it is important to ensure that observer programmes are implemented where possible to guarantee that all species caught, and their fates, are recorded and included in regiol statistics. Many programmes have been carried out in countries in the region to support the development of fisheries magement but few, if any, have taken root and become an integral part of the way countries collect, process and utilize information. When support is given it must be clearly defined and the commitment to sustain and develop their monitoring and sampling must be secured from the receiving countries as part of this effort. It is common practice that after the period of support ends, initiatives and projects grind to a halt because of lack of funds, shifting priorities within ministries or departments, or lack of political will to continue. This model clearly does not work and the result is the loss of massive amounts of money, time and effort from aid agencies and RFMOs, therefore an altertive is needed. Collaboration with the fishing community in data gathering activities may be a possibility for some of the countries in the region such as Tanzania, but for countries with large and complex fisheries this model is not workable. In this case, governmental support in funds, personnel and infrastructure is the only way in which countries will have an independent, reliable and workable fisheries framework. The changes proposed in the country reports are applicable not only to tu, billfish and shark fisheries, but they are measures to improve reporting systems as a whole, changes that are sorely needed for the magement of all species. The key to the success of any initiative will be political commitment from the concerned countries and the need to realize the importance of fisheries magement to the stability of the fishing industry and food security, and preservation of the resources. -
Book (stand-alone)Guidelines on strengthening gender equality in notarial practices - South-East Europe 2019
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No results found.In the Western Balkans, notaries are public officials appointed by the State to confer authenticity on legal deeds and contracts contained in documents drafted by them or presented for authentication to them and to advise persons who call upon their services. These services include all judicial activities in non-contentious matters, affording legal certainty to clients . Notaries are also a part of the preventive administration of justice. The involvement of notaries in contracts and inheritance proceedings is regulated in national law, and, while there are variations across legal systems, their functions include the protection of constitutionally guaranteed rights and the application of the broader legal framework. This puts them in a privileged position to accelerate the realisation of de facto gender equality in land ownership and control, making them important agents of change. The procedure of full or partial notarial authentication is considered as one of the effective ways to protect the property rights in general and address equality through lending adequate assistance to whichever of the parties might be in a position of inferiority. National chambers of notaries are members of the International Union of Notaries (UINL) which promotes, co-ordinates and develops the functions and activities of notaries across the world. The UINL has developed Principles of notarial ethics which, among other important premises, emphasize the duty of notaries to exercise due diligence when carrying out their professional duties. By extension, this principle requires notaries to apply the law, including by ensuring that they uphold gender equality in their professional activities. In the region, all national laws on notaries follow the UINL principles. Besides, national chambers of notaries have developed their own Codes of Ethics which mirror these principles. The role of the notary as an independent and impartial public servant with the competences to advise the parties on the rights and obligations arising from the legal deed to be concluded, as well as protect the overall legal system, is set forward by the national laws. The UINL Principles of notarial ethics therefore offer a sound basis to guide notaries in strengthening gender equality in their daily activities. Following these principles, a notary’s duty is to ensure that the rights and interests of all parties to a contract are identified, respected and protected. The notary’s impartiality imposes the duty of providing adequate information and advice to protect the rights and interests of all parties, particularly those who are vulnerable or at a disadvantage. Notaries are sworn by oath and bound by law to exercise due diligence in the services that they provide, identify potential infringements of the weaker party’s rights that are guaranteed by the law. It is a notary’s duty not only to identify the risks associated with certain services and the consequences of not addressing those risks, but also to recommend an approach in order to address risks that he/she has detected. These guidelines are intended as a practical assistance document that notaries can use to strengthen gender equality in the services that they provide. It offers quick and easy steps, and checklists to help notaries exercise due diligence in the services they provide under the law, by identifying and protecting the rights of all women and daughters with a legal interest in the service. It also provides additional information for notaries wishing to enhance their knowledge and understanding of the gender implications of the services they provide, and tips on how to engage in advocacy. The guidelines are without prejudice to notaries’ legal duties according to the national laws in force.
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