Climate Change and its Impact on Arctic Fisheries- Specific Reference to North Pacific-Bering Sea Dr Daud Hassan

Arctic environment- sensitive ecological systems, extreme weather conditions, large areas covered by ice and vulnerable to over exploitation of resources Arctic Fisheries Management Principles of International Environmental Law dealing with resource management impacted on Arctic fisheries management regime

Early development of international fisheries management Prior to the 19th Century Sea- too vast for overuse- endless waste sink Bi lateral fisheries agreements (N, S, N, G, GB)/conventions North Sea Fisheries Convention 1881 (B, D, F, G and GB) Focused on enforcement- perceived overfishing close to coast Conservation measures? International Council for the Exploration of the Sea (ICES) promote and encourage research and investigations relating to marine living resources Important development in ILMLR ICES Convention formalises ICES

Cont’d A number of fisheries conventions were adopted after 2nd World War No formula for the size of permissible catch or overexploitation of marine living Maximum sustained catch (North West Atlantic Fisheries 1949) Maximum reasonable utilization (US –Mexico relating to the establishment of an International Commission for the Scientific Investigation of Tuna 1949) International Technical Conference on the Conservation of the Living Resources of the Sea focused on fishery conservation - did not prescribe appropriate methodology rather stressed on international cooperation for the conservation of high seas fisheries

Cont’d Convention on Fishing and the Conservation of the Living Resources of the High Seas 1958 Not related to internal or territorial waters fishing but provisions relating to fisheries management were significant Imposed obligation upon States in terms of harvesting fisheries (Arts 1 & 2) Provided the basis for fisheries management - not scientific advice Appropriate conservation objectives not satisfactory-there are measures but no guidance Decolonisation in 1960s and the adoption of exclusive economic zone by the Organisation for African Unity (OAU) in 1972 Extended maritime jurisdiction Regional fisheries agreements

Development in 1970 and thereafter Stockholm Declaration and a range of the international instruments Management regime for substantial protection of natural environment LOSC- significant development in contemporary marine living resources management The adoption of EEZ in LOSC framework has placed 90% of world fisheries under national jurisdiction Principal provisions- Arts 61 and 62 (conservation and utilization of living resources) Arts 63(2) and 118 (Straddling Stocks and high Seas marine living resources) Changes fisheries exploitation and ownership of fishing vessels patterns Exploitation of resources in the EEZ in a rational and sustainable manner Maximum sustainable yield No restrictions on coastal States to deal with the fisheries in the territorial Sea A large degree of discretion left to the coastal states Duties of cooperation Positive obligation?

Cont’d Emergence of precautionary principle – A new norm-of marine living resources management- significant change in the philosophy of fisheries management UNCED principle 15 of Rio Declaration Para of Agenda 21 Straddling Stocks Agreement-Article 6 ICJ- Gabcikovo Nagymaros Project (1997) Distinct alternative approach to fisheries management Interests of fishing communities Markets-socio economic impacts

Regulation of living resources management in the Arctic Traditional system of management LOSC based approach- provisions relating to high seas fisheries and straddling stocks General principle of IEL and LOSC- manage the Arctic Ocean cooperatively and appropriately A number of regional initiatives have been undertaken Arctic Environment al Protection Strategy (AEPS) 1991 To protect Arctic ecosystem the objectives of AEPS focus on various environmental issues including sustainable utilization of natural resources and eliminate pollution Specifically apply to fisheries resources management? Flexible strategy- Legal status and the extent of states’ obligation ? No definition of Arctic environment and Arctic ecosystem Not specific to fisheries management Bilateral management schemes -generally no real effort for regional management of Arctic fisheries Bilateral management schemes through intergovernmental arrangements or through regional management organization

Importance of fisheries resources in the Arctic Arctic poses substantial stocks of marine living resources that flourish in the sub-Arctic waters (SK). They are among most productive in the world. In particular Bering Sea which is part of north pacific ocean- linked to the Arctic Ocean by Bering Strait, produce large number of fisheries. Fisheries resources in the Bering Sea region include Capelin, squid, crabs, shrimp, scallops, Pollock, cod, sablefish, halibut, perch, pacific salmon, sole, atka, flatfish, and turbot.

Exploitation of Bering Sea Fish Stock Since 1915 In 2001 the value for groundfish harvest in the eastern Bering Sea was approx. US $426 million

Possible impacts of climate change on Bering Sea fisheries Affects the rates of recruitment or growth, mortality and spatial distribution of commercial fish stocks –factors including water temperature, ocean currents or competition for available food (affect the availability of nutrients and disposition of larval and juvenile organisms) Water exchange between the shelf and open sea region Moderate warming would improve recruitment to cod, herring and Pollock stocks

Ability to cope with change May have some positive response- but negative to those species that are adapted to colder climates (some fisheries may disappear and new ones may develop)- king crab stocks in the eastern Bering Sea have declined (debate as to whether overfishing or environmental conditions) -Average harvest of any given species (including commercial) will increase -migration - may change the population, distribution and value of catch in the region - economic impact- unlikely significant unless heavily dependent on fisheries ( indigenous people with subsistence fishing interests) or considerable warming

Bering Sea living resources management Domestic regional and international management regimes are significantly important in terms of biological and economic sustainability of fisheries resources. Prior 1982 the Bering Sea was largely high sea USA and USSR claim- major management jurisdictions- US and Russian EEZs High seas fisheries- efforts to bring fishery particularly Pollock under international management -International Convention between the USA, Canada and Japan for the High Seas Fisheries of the North Pacific Ocean unsuccessful attempt!

Cont’d 1988 Agreement between the Government of USA and the Government of USSR on Mutual Fisheries Relations Implement general principles in relation to the management of shared fishery resources (Bering sea and Chukchi Sea, Art III-VII) Cooperation of fishery scientific research and trade (Arts IX and X respectively) Intergovernmental Consultative Committee was formed (Art XIV) Bering Sea advisory body –co management of Pollock stocks Industry initiatives to manage other fisheries US-USSR Declaration of EEZ in the Bering Sea and fishing in the central high seas area of Bering Sea (known as the Doughnut Hole)

Cont’d 1994 Conservation and Management of Pollock Resources in the Central Bering Sea (Doughnut Hole Convention) Application- central Bering Sea beyond the USA and Russian EEZ Aim- conservation management and optimum utilization of Pollock resources Restore and maintain the Pollock resources Scientific and technical committee Allowable harvest level for Pollock Individual national quota for each party Cooperative enforcement measures Flag state enforcement – mechanisms for a system of observation and inspection Useful model for fisheries management An important initiative to exploit a single resource in a high sea area

Cont’d Institutions for resource management -the North Pacific Science Organisation; the North Pacific Anadromous Fish Commission, North Pacific Fisheries Management Council National level- Fishery Conservation and Management Act, Fishery Management Plans Current management approach- TAC is set on annual basis Russian Far East- reciprocal fishing agreements between regional and central administration US Coast Guard and Russian Border Guard have developed cooperation on enforcement Setting and allocation of quotas are being challenged- controversial innovative efforts

Cont’d While some of the issues have been improved the legal regime with respect to fisheries management remain incomplete -absence of linkage between national and international conservation measures - management response to transition phase is insufficient

Way forward Improvement of management practices Rational management /Relative effectiveness/ Effective management of fisheries development and implementation management principles limit or at least adjustments of harvesting commercial fisheries (depending on the degree of climate change) Management based on precaution Ecosystem based management- multi faceted- involves a balancing of social, economic, environmental, political and other interests Genuine commitment-regional cooperation (particularly eastern and western Bering Sea) Has it extended to fisheries management? Improved compliance culture/Strengthened regional research cooperation with respect to fisheries Continuing need for effective cooperation for fisheries resources management in the Bering Sea- could only be effective if all states in the area active in fishery management initiatives A new model for effective cooperation for fisheries resources management in the Bering Sea