Hawai'i Fisheries Initiative - The Hawaii Institute for Public Affairs

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U.S. Zones: From Shoreline to Sea n Territorial Sea: measured from the baseline (the mean low water line) seaward to 12 nm. A nation has absolute sovereignty within this zone, subject to innocent passage by foreign vessels. n Contiguous Zone: from 12 to 24 nm, a zone of “limited enforcement jurisdiction.” This zone enables enforcement of provisions for drug interdiction, for example. n Exclusive Economic Zone (EEZ): Including the Contiguous Zone, the EEZ begins at the territorial sea’s boundary and extends to 200 nm from the baseline. n High seas and deep seabed: beyond a nation’s EEZ, this area is subject to international agreements, treaties, and customary law of the sea. 357 The U.S. agenda included preservation of its navigational and overflight rights for its navy and air forces; in the midst of the Cold War, the United States did not want interference with its ability to send its forces throughout the world, so it opposed the extension of jurisdiction. U.S. fishing fleets were divided: The coastal fishermen preferred a 200-mile zone and the distantwater fishers did not. 353 In 1976, in response to increased near-shore fishing pressure from foreign fleets and in the midst of UNCLOS III discussions, the U.S. Congress passed the Fishery Conservation and Management Act (precursor to today’s Magnuson-Stevens Act), effectively establishing a 200-nm exclusive fishing zone to protect the domestic fishing industry. 354 This action ensured two things: that this measure would be part of the U.N. Law of the Sea Treaty, and that the 200-mile EEZ was on its way to becoming customary international law. Ultimately in 1982, the U.S. voted against the treaty largely due to its provisions on deep-seabed mining. Internationally, however, the treaty was broadly accepted; 155 nations became parties by June 2007. 355 While the U.S. is not a party, it remains bound by the treaty’s impact on the customary law of the sea. 356 Among the recommendations of the Joint Oceans Commission is that the U.S. accede to UNCLOS III, suggesting that doing so would allow the U.S. to lead the way in international policymaking for deep-seabed mining, energy, scientific research, pollution control, and environmental protection. In 1983, the United States followed the treaty provisions and extended its EEZ by proclamation. In 1988, the United States extended its territorial sea to 12 nm, and then to 24 nm in 1999. An important aside is that the 1988 proclamation was limited to its effects on international relations, and is not applicable to domestic law as it is applied to the territorial sea. 75
Authority within a Nation’s Exclusive Economic Zone u Fishing – A nation has an exclusive right to manage fisheries within its EEZ, and a preferential right for its fishers to harvest fish in the area. Following the 1982 UNCLOS III, “surplus” fish (beyond the coastal nation’s ability to harvest) are to be allocated to foreign fishing efforts. The 1995 U.N. Agreement on Straddling Fish Stocks and Highly Migratory Species (those that cross EEZ boundaries into the high seas and other nations’ EEZs) urges effective regional organizations and a precautionary approach (the requirement that fisheries managers exercise caution when faced with scientific uncertainty; or, to err on the side of caution). The U.S. was among the first to ratify the treaty, which came into force in 2001. 358 Fishing the high seas is limited in UNCLOS III by a duty to conserve living resources and to cooperate with other nations in doing so. 359 quantities of marine resources, or involves contact with the continental shelf. 361 u Vessel Navigation and Overflight – UNCLOS III allows the freedom of surface and submerged traffic within and overflight above EEZs. The U.S. advocates that this includes conducting military exercises. u Protecting the Marine Environment – Controlling pollution in the EEZ is a right of coastal nations, limited by the 1982 Convention’s and international custom’s recognition of freedom to navigate within EEZs. Significant restrictions exist on interfering with a foreign vessel’s passage, even for pollution reasons. Acting through bodies such as the International Maritime Organization, nations are encouraged to establish uniform rules and standards. 362 u Non-living resources – UNCLOS III recognizes resources of the seabed, subsoil, and water column in coastal nations’ EEZs. There is some overlap between EEZ and continental shelf law. 360 u Marine Scientific Research – Other nations may not conduct scientific research within the EEZ without obtaining the coastal nation’s consent; such consent is expected to be given in “normal circumstances.” The U.S. requires advance consent for marine research if conducted within the territorial sea, or if the research involves marine mammals, taking commercial 76
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Hawai‘i Fisheries Initiative A Co
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Examples of Hawai‘i Fish Aku Bige
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fishers, who defray costs by sellin
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A Snapshot of Hawai‘i’s Seafood
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Western Pacific Fisheries Managemen
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National and Statewide Economic Imp
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Economics of Hawai‘i’s Commerci
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Imports and Value Added NWHI Bottom
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Seafood Exports NOAA Fisheries repo
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Regional Trends, Wholesale Markets,
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due to the freshness of the fish wh
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Consumers of recreational and subsi
Page 25 and 26: One of the program’s goals is to
Page 27 and 28: With expected increases in populati
Page 29 and 30: Hawai‘i’s Aquaculture Potential
Page 31 and 32: The flat growth of the information
Page 33 and 34: Leasing Hawai‘i’s Waters: Legal
Page 35 and 36: Christopher Mann, a senior officer
Page 37 and 38: Recreational Fishing in Hawai‘i R
Page 39 and 40: Hawai‘i Marine Recreational Fishi
Page 41 and 42: Fishing Tournaments and Clubs Appro
Page 43 and 44: Fisheries Management and Enforcemen
Page 45 and 46: A comprehensive ecosystem-based fis
Page 47 and 48: State of Hawai‘i Fisheries Progra
Page 49 and 50: In its eighth year, 2,164 volunteer
Page 51 and 52: Stock Assessment and Catch Data Und
Page 53 and 54: 2006 State Fishing Licenses and Per
Page 55 and 56: Violations of marine-related laws c
Page 57 and 58: or Olive Ridley sea turtles have be
Page 59 and 60: History and Status of Hawai‘i’s
Page 61 and 62: 2006 Commercial Landings by Species
Page 63 and 64: wholesalers began offering Hawaiian
Page 65 and 66: that mortality levels will be susta
Page 67 and 68: Troll and Handline Pelagic Fisherie
Page 69 and 70: (a baited bottom camera) and Electr
Page 71 and 72: History and Status of Lobster and S
Page 73 and 74: Governing the Oceans In general, st
Page 75: In 1958, the Geneva Conventions on
Page 79 and 80: U.S. Ocean Policy, Regulatory Frame
Page 81 and 82: u The Oceans Act of 2000 382 establ
Page 83 and 84: development, analyzing climate chan
Page 85 and 86: u Sport Fish Restoration and Manage
Page 87 and 88: u Marine Debris Research, Preventio
Page 89 and 90: Governance refers to the entire pro
Page 91 and 92: Hawaiian Ocean Policy and Regulator
Page 93 and 94: DLNR/State Historic Preservation Di
Page 95 and 96: nongovernmental organizations, and
Page 97 and 98: can give formal testimony. If neces
Page 99 and 100: Native Hawaiian Fisheries Managemen
Page 101 and 102: And, adjacent to the Hualalai Resor
Page 103 and 104: Native Hawaiian Rights Asserted via
Page 105 and 106: Traditional and Customary Rights wi
Page 107 and 108: Wespac reports increased community
Page 109 and 110: About the Hawaii Institute for Publ
Page 111 and 112: 21 U.S. Department of the Interior,
Page 113 and 114: 79 Hawai‘i International Seafood,
Page 115 and 116: 155 Magnuson-Stevens Fishery Conser
Page 117 and 118: 235 Id. 236 d. 237 Id. 238 Id. 239
Page 119 and 120: 318 Councilmember comments at the M
Page 121 and 122: 394 16 U.S.C. 1852 § 302, at http:
Page 123 and 124: 479 http://www.Hawaii.gov/dlnr/dar/
Page 125 and 126: Waters: Native Hawaiians have an in
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