What laws govern the sea? (Secondary) - Lesson Three

• Social Studies
• History
• +3
• 11th,12th Grade

Introduction

Lesson 3 – What laws apply to commercial fishing operations? This lesson covers Article 62, discussing licensing of fishing operations, and regional / global cooperation to monitor illegal fishing activity. Learning activities:  Watch and discuss video – how do laws support artisanal fishing and what crimes were committed.  Research and discuss – RFMO, reginal cooperation organisations and Interpol.

Instructions

Time: 45 minutes

Contact: [e-mail]
© Sea Shepherd 2022

Lesson 3 - What laws apply to commercial fishing operations?

This lesson is provided by Sea Shepherd.  Sea Shepherd was founded in 1977 and is a marine conservation organisation working to protect the oceans and marine wildlife.  Sea Shepherd works globally on a range of issues impacting the oceans, running numerous direct action campaigns each year. 

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Illegal Fishing

Illegal fishing means that the fishermen enter the territorial waters of a country or regulated marine zone without permission or without a license for the fish they intend to catch.

They are stealing from these waters.

Article 62 Utilisation living 

• Licensing of fishermen, fishing vessels and equipment.
• Species that can be caught, quotas,
• Set fishing seasons and areas; types size and amount of fishing gear, and types, size and number of fishing vessels allowed.
• Age and size of fish.
• Information fishing vessels are required to record .

This lesson we will take a look at obligations that relate specifically to the commercial fishing industry.  Two areas that cover fisheries are the EEZ and regional cooperation.
Article 62 Utilisation of living resources sets out obligations that apply to fishing operations in an EEZ.  Laws and regulations set out include:
    Licensing of fishermen, fishing vessels and equipment.
    Species that can be caught, quotas.
    Set fishing seasons and areas; types size and amount of fishing gear, and types, size and number of fishing vessels allowed.
    Age and size of fish allowed to be caught.
    Information fishing vessels are required to record – position, catch etc.

Introduction to IUU fishing and the impact of overfishing.

Licensing provisions.

Ask students: “What would you expect to see included in licensing of a fishing vessel?”
It might Include the type of vessel, the type of equipment allowed to be used, such as the type and size of the nets, and the area in which they are permitted to fish.

What provisions might be
specified in catch limits?

Ask students: “What provisions might be specified in catch limits?”  
This could include specific details on:
    Total catch limit for the species.
    Seasons for catching each species (specific dates).
    Restrictions on size of fish allowed to be taken.

The main way countries regulate fishing is by setting up laws to guide catch limits for each species, including the areas of their waters where fishing is permitted. These licensing systems apply to commercial fishing operations, but also may include provisions for recreational fishing.  
Licensing allows law enforcement authorities to inspect catches and impose penalties in case of violation.
To adequately protect marine species these licenses must ensure catch quotas do not deplete fish numbers.

Introduction to IUU fishing and the impact of overfishing.

Traditional fishing rights.

Licensing provisions could set aside areas for traditional, also known as artisanal, fishing rights.
These areas only allow traditional, small scale, methods to be used, and prohibit commercial vessels to entering the area to fish.
Ask students: “Why do you think this would be done?”

Introduction to IUU fishing and the impact of overfishing.

How monitor requirements?

While laws provide the framework to tackle illegal fishing, one of the most effective ways to deter or detect illegal fishing is by patrolling territorial waters and inspecting vessels.
Law enforcement authorities can search vessels and check their catch to ensure they are complying with their license provisions.

Illegal Fishing

Illegal fishing means that the fishermen enter the territorial waters of a country or regulated marine zone without permission or without a license for the fish they intend to catch.

They are stealing from these waters.

INTERNATIONAL COOPERATION

Regional Management Organisation

Regional Cooperation

INTERPOL

Given that illegal fishing vessels move between international waters and those of sovereign countries, the only way to track their activities and pursue criminal charges is through international cooperation.
This is done via several means:
    RFMO – Regional Fisheries Management Organisations, where countries create an organisation to manage fishing requirements in the specified area.  They monitor fish numbers, set quotas and issue fishing licenses.
    Reginal cooperation – via formal groups where resources and information is exchanged between countries in order to tackle the issue of illegal fishing on a regional basis.
    Interpol – which is an international police organisation, facilitating worldwide police cooperation.

This video (3.28 min) shows Sea Shepherd’s work in The Gambia to help protect artisanal fishing areas:
https://www.youtube.com/watch?v=HCmG5WS4DPo&list=PLx1pnhQVtbbBsKCxtgLSHH5hkrDo6c1kH&index=19&t=18s

www.seashepherdglobal.org

LEARNING ACTIVITIES

Refer Teachers Guide for Learning Activities.