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Climate Change and Arctic Fisheries

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Climate Governance in the Arctic

Part of the book series: Environment & Policy ((ENPO,volume 50))

Abstract

Climate change will have a variety of consequences for marine capture fisheries within the broadly defined Arctic marine area. Among these are new and expanding fisheries in the Arctic Ocean. This chapter provides an overview of current Arctic fisheries, the current international legal and policy framework with respect to Arctic fisheries and some national regulation over Arctic fisheries. This is complemented by the identification of gaps in the international legal and policy framework and national regulation and options for addressing them. Among the options are ensuring the availability of relevant scientific data; individual action by Arctic Ocean coastal states and other states in their capacities as flag, coastal, port and market states and with regard to their natural and legal persons; bilateral or subregional arrangements between the relevant Arctic Ocean coastal states on the conservation and management of shared fish stocks; a regional declaration on new fisheries in the Arctic marine area; and one or more state-of-the-art RFMOs or Arrangements.

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Notes

  1. 1.

    This paper builds on the author’s contributions to the project ‘Arctic TRANSFORM: Transatlantic Policy Options for Supporting Adaptations in the Marine Arctic’, funded by the European Commission, Directorate-General External Relations (info at www.arctic-transform.eu). The author is grateful for the comments received on his contributions by other participants in the project.

  2. 2.

    See also Section 7.5.1 below.

  3. 3.

    The term ‘Arrangement’ is derived from the term ‘arrangement’ as defined in Art. 1(1)(d) of the Fish Stocks Agreement (Agreement for the Implementation, 1995).

  4. 4.

    This can for instance be deduced from the Ilulissat Declaration (2008).

  5. 5.

    Based on Art. 1(b) of the amended NEAFC Convention (1980).

  6. 6.

    For such detailed information see ACIA (2005, Chapter 13). Other information can be obtained through the Arctic Fisheries Working Group operating under the International Council for the Exploration of the Sea (ICES; see www.ices.dk). This working group, however, has so far been focusing exclusively on the Northeast Atlantic.

  7. 7.

    See Section 7.5.3 on the LOS Convention.

  8. 8.

    See Section 7.5.3 on the LOS Convention.

  9. 9.

    United Nations Convention on the Law of the Sea, Montego Bay, 10 December 1982. In force 16 November 1994.

  10. 10.

    Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982, New York, 28 July 1994. In force 28 July 1996.

  11. 11.

    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, New York, 4 August 1995. In force 11 December 2001.

  12. 12.

    Agreement on the European Economic Area, Brussels, 17 March 1993. In force 1 January 1994.

  13. 13.

    It should be noted that the map of the NEAFC Convention Area that is currently available on the NEAFC website (www.neafc.org) does not show the high seas pocket in the Arctic Ocean.

  14. 14.

    See, inter alia, the figure in Oude Elferink and Rothwell (2001, p. 150). See also the map at www.dur.ac.uk/ibru/resources/arctic.

  15. 15.

    Treaty on the Status of Spitsbergen, Paris, 9 February 1920. In force 14 August 1925.

  16. 16.

    International Convention for the Conservation of Atlantic Tunas, Rio de Janeiro, 14 May 1966. In force 21 March 1969.

  17. 17.

    Convention for the Preservation of the Halibut Fishery of the North Pacific Ocean and the Bering Sea, Ottawa, 2 March 1953. In force 28 October 1953. Exchange of Notes Constituting an Agreement to Amend the [IPHC Convention], Washington, 29 March 1979. In force 29 March 1979.

  18. 18.

    Agreement between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics on Mutual Fisheries Relations, Moscow, 31 May 1988. In force 28 October 1988. The Agreement expires on 31 December 2008 but the United States will seek to extend it for another five years. The two states are currently engaged in negotiations to establish a comprehensive fisheries agreement for the Northern Bering Sea. At the 2007 ICC meeting, only three provisions of the draft agreement remained unresolved. The next ICC meeting is scheduled to take place in September 2008 (information obtained from www.nmfs.noaa.gov/ia/bilateral, visited 26 August 2008).

  19. 19.

    Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, Ottawa, 24 October 1978. In force 1 January 1979. 2007 Amendment, Lisbon, 28 September 2007. Not in force, NAFO/GC Doc. 07/4. The 2007 Amendment consists of eight articles which replace the title with “Convention on Cooperation in the Northwest Atlantic Fisheries” and the existing Preamble, Annexes and almost all provisions by new ones.

  20. 20.

    Convention for the Conservation of Salmon in the North Atlantic Ocean, Reykjavik, 2 March 1982. In force 1 October 1983.

  21. 21.

    Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries, London, 18 November 1980. In force 17 March 1982. 2004 Amendments (Art. 18bis), London; 12 November 2004. Not in force, but provisionally applied by means of the ‘London Declaration’ of 18 November 2005. 2006 Amendments, London (Preamble, Arts 1, 2 and 4), 11 August 2006. Not in force, but provisionally applied by means of the ‘London Declaration’ of 18 November 2005

  22. 22.

    Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean, Moscow, 11 February 1992. In force 16 February 1993.

  23. 23.

    Agreement between the Government of Norway and the Government of the Union of Soviet Socialist Republics on Co-operation in the Fishing Industry, Moscow, 11 April 1975. In force 11 April 1975. See also Stokke (2001, p. 274).

  24. 24.

    Agreement between the Government of Iceland, the Government of Norway and the Government of the Russian Federation Concerning Certain Aspects of Co-operation in the Area of Fisheries, St. Petersburg, 15 May 1999. In force 15 July 1999; Protocol between the Government of Iceland and the Government of the Russian Federation under the Agreement between the Government of Iceland, the Government of Norway and the Government of the Russian Federation concerning Certain Aspects of Co-operation in the Area of Fisheries St. Petersburg, 15 May 1999. In force 15 July 1999; and Protocol between the Government of Norway and the Government of Iceland under the Agreement between the Government of Iceland, the Government of Norway and the Government of the Russian Federation concerning Certain Aspects of Co-operation in the Area of Fisheries St. Petersburg, 15 May 1999. In force 15 July 1999.

  25. 25.

    Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, Honolulu, 5 September 2000. In force 19 June 2004.

  26. 26.

    Treaty between the Government of Canada and the Government of the United States of America Concerning Pacific Salmon, Ottawa, 28 January 1985. In force 18 March 1985. The Yukon River Panel was established by means of the Yukon River Salmon Agreement of December 2002, which amended the Pacific Salmon Treaty.

  27. 27.

    Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea, Washington, 16 June 1994. In force 8 December 1995.

  28. 28.

    For some information see Molenaar (2007a, p. 124).

  29. 29.

    Convention for the Protection of the Marine Environment of the North-East Atlantic, Paris, 22 September 1992. In force 25 March 1998. Annex V, Sintra, 23 September 1998. In force 30 August 2000.

  30. 30.

    For information see North Pacific Marine Science Organisation at www.pices.int.

  31. 31.

    Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, Rome, 24 November 1993. In force 24 April 2003.

  32. 32.

    Adopted by the Twenty-eight Session of the FAO Conference, Rome, 31 October 1995.

  33. 33.

    International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing. Adopted by consensus by FAO’s Committee on Fisheries on 2 March 2001 and endorsed by the FAO Council on 23 June 2001.

  34. 34.

    Model Scheme on Port State Measures to Combat Illegal, Unreported and Unregulated Fishing endorsed by COFI at its 26th Session in March 2005.

  35. 35.

    See inter alia UNGA Resolution No. 61/105, of 8 December 2006, ‘Sustainable fisheries, including through the 1995 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, and related instruments’, in particular paras 59 and 80–86.

  36. 36.

    See, among other things, Articles 61–68, 116–120 and 194(5) of the LOS Convention (1982).

  37. 37.

    Article 4 of the Fish Stocks Agreement stipulates that the Agreement “shall be interpreted and applied in the context of and in a manner consistent with the [LOS] Convention” (Fish Stocks Agreement, 1995, art. 4).

  38. 38.

    Even though this terminology is not explicitly used.

  39. 39.

    For an overview see Molenaar (2007a, p. 124). See also the overview of gaps in Gjerde (2008b, pp. 5–6).

  40. 40.

    See, inter alia, Molenaar (2007a, pp. 129–133).

  41. 41.

    For national fisheries conservation and management see Section 7.6.

  42. 42.

    It should be noted, however, that the provisions in the NEAFC Scheme of Control and Enforcement (in force 1 May 2008) on ‘Port State Control of Foreign Fishing Vessels’ are made applicable to the NEAFC Convention Area by Article 20 and thereby also the area covered by the Norway-Russian Federation Fisheries Commission and the Loophole Agreement and Protocols.

  43. 43.

    This may nevertheless require adjustment of the spatial scope and composition of NASCO Commissions.

  44. 44.

    In the case of the Norway-Russian Federation Fisheries Commission these are to a large extent laid down in the so-called ‘Grey Zone Agreement’ (Avtale mellom, 1978) (original title: Avtale mellom Norge og Sovjetunionen om en midlertidig praktisk ordning for fisket i et tilstøtende område i Barentshavet med tilhørende protokoll og erklæring, translated to “Agreement between Norway and the Soviet Union on a temporary and practical arrangement for the fishery in an adjacent area of the Barents Sea”). This is a temporary agreement first adopted in 1978 and renewed annually since then.

  45. 45.

    The first performance assessment of an RFMO related to NEAFC.

  46. 46.

    Note that most Members of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) (Convention on the Conservation [CCAMLR Convention], 1980) – which is part of the Antarctic Treaty system – do not regard CCAMLR as an RFMO. However, most take the view that CCAMLR is ‘something more than an RFMO’.

  47. 47.

    For information see Conservation of Arctic Flora and Fauna website. See also Koivurova and VanderZwaag (2007, pp. 147–149).

  48. 48.

    Convention on Biological Diversity, Nairobi, 22 May 1992. In force 29 December 1993.

  49. 49.

    See also Gjerde (2008a, 2008b).

  50. 50.

    As contained in the Decision ‘on Marine and Coastal Biodiversity’ (information provided by K.M. Gjerde to E.J. Molenaar); see also the draft decision incorporated in ‘Draft Decisions for the Ninth Meeting of the Conference of the Parties to the Convention on Biological Diversity’ (2008, pp. 126–135).

  51. 51.

    For a discussion see Molenaar (2007b. pp. 108–110).

  52. 52.

    See the overview of gaps in Gjerde (2008b, pp. 5–6), which, it should be emphasized, all relate to areas beyond national jurisdiction.

  53. 53.

    Notably the ICRW (International Convention for the Regulation of Whaling), Washington D.C., 2 December 1946. In force 10 November 1948; the 1958 Fisheries Convention (Convention on Fishing, 1958), and the CCAMLR Convention (1980).

  54. 54.

    See supra note 38 and accompanying text.

  55. 55.

    See also Wilson (2007).

  56. 56.

    Passed by the Senate on 4 October 2007.

  57. 57.

    See Section 7.2.

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  1. Utrecht University, NILOS, Achter Sint Pieter 200, 3512HT Utrecht, The Netherlands

    Erik J. Molenaar

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  1. Arctic Centre, University of Lapland, Lompolotie 10, Rovaniemi, 96500, Finland

    Timo Koivurova

  2. Dept. Social &, Umea University, Umea, 901 87, Sweden

    E. Carina H. Keskitalo

  3. Fac. Law, University of Calgary, University Drive NW. 2500, Calgary, T2N 1N4, Canada

    Nigel Bankes

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Molenaar, E.J. (2009). Climate Change and Arctic Fisheries. In: Koivurova, T., Keskitalo, E., Bankes, N. (eds) Climate Governance in the Arctic. Environment & Policy, vol 50. Springer, Dordrecht. https://doi.org/10.1007/978-1-4020-9542-9_7

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