Fishing Rights / Maritime Law

Entrance

Fisheries rights constitute a branch of law encompassing the rules and regulations concerning the use and management of fish resources in the seas and oceans. These rights are regulated within the framework of international maritime law and aim to strike a balance between the sovereign rights of coastal states and the interests of the international community in the high seas. This article will examine in detail the legal basis of fisheries rights, how they are regulated within the framework of international conventions and agreements, and the legal processes related to their protection and enforcement.

International Maritime Law and Fishing Rights

United Nations Convention on the Law of the Sea (UNCLOS)

The United Nations Convention on the Law of the Sea (UNCLOS) is the most comprehensive international document regulating fishing activities at sea. UNCLOS regulates fishing rights in the exclusive economic zones (EEZs) of coastal states and fishing activities in the high seas. Although Turkey is not a member of this convention, it implements most of its articles. The main provisions of the convention related to fisheries are as follows:

• Exclusive Economic Zone (EEZ): Grants coastal states fishing rights in the maritime areas extending 200 nautical miles beyond their territorial waters. The coastal state has the right to explore, exploit, conserve, and manage the living resources within the EEZ.
• High Seas: In the high seas, all states have the right to fish. However, these activities must be regulated by sustainable fishing practices and international cooperation.
• Sustainable Fisheries: States must take the necessary measures to ensure the sustainable use and conservation of fish stocks. This means preventing overfishing and managing fish stocks in a way that allows for their replenishment.

Regional Fisheries Management Organizations (RFMOs)

Regional Fisheries Management Organizations (RFMOs) are international organizations established to regulate and manage fisheries activities in specific regions. RFMOs promote cooperation among member states and make the necessary regulations for the conservation and sustainable use of fish stocks. For example:

• The Commission for the Conservation of Atlantic Tuna (ICCAT): Deals with the conservation and management of tuna and similar species in the Atlantic Ocean.
• The Pacific Fisheries Management Council regulates the conservation and management of fish stocks in the Pacific Ocean.

Fishing Rights of Coastal States

Exclusive Economic Zone (EEZ) Rights

Coastal states have the right to explore, exploit, conserve, and manage living resources within their EEZs. These rights grant coastal states the following powers:

• Fishing Licenses: Coastal states have the authority to issue licenses and set licensing conditions for foreign vessels wishing to fish in their EEZs.
• Conservation and Management Measures: Coastal states can take necessary measures to protect and sustainably manage fish stocks. This includes measures such as setting catch quotas, regulating fishing seasons, and controlling fishing methods.
• Combating Illegal Fishing: Coastal states can combat illegal, unregistered and unregulated (IUU) fishing activities in their EEZs and impose sanctions on vessels engaging in such activities.

Territorial Waters and Continental Shelf

Coastal states have fishing rights in their territorial waters and continental shelf. Territorial waters extend up to 12 nautical miles from the coast and are under the full sovereignty of the coastal state. The continental shelf is considered the natural extension of the coastal state's land area and includes the seabed and the resources beneath it. Coastal states have the following rights in these areas:

• Fishing and Use of Marine Resources: Coastal states have the right to fish and use marine resources in their territorial waters and continental shelf.
• Conservation and Management: Coastal states have the authority to conserve and sustainably manage fish stocks and marine resources in these areas.

International Fisheries Disputes

Conflict Resolution Mechanisms

International fishing disputes can arise between states or fishing companies. Various mechanisms exist for resolving such disputes

• International Arbitration: Parties may apply to an independent arbitration panel to resolve their disputes. The arbitration panel will render a binding decision based on the evidence and arguments presented by the parties.
• International Court of Justice (ICJ): Fishing disputes between states can be brought before the ICJ. The ICJ makes decisions according to the rules of international law, and the parties are obliged to comply with these decisions.
• International Tribunal for the Law of the Sea (ITLOS): DIt is an independent judicial body established to resolve disputes related to the law of the sea. It commenced operations in Hamburg, Germany in 1994, under the framework of the United Nations Convention on the Law of the Sea (UNCLOS), adopted in 1982.
  

  Duties and Responsibilities

  • Maritime Law Disputes: Resolving disputes between states concerning maritime jurisdiction, the use of marine resources, the protection of the marine environment, and maritime safety.
  • Precautionary Measures: Taking temporary measures in emergency situations and protecting the rights of the parties.
  • Arbitration: Providing arbitration services at the request of states.

Case Studies

• Canada–Spain Fishing Dispute (1995): A dispute between Canada and Spain over cod stocks in the Northwest Atlantic. Canada had caught and seized Spanish fishing vessels illegally fishing outside the EEZ. The dispute was resolved through international arbitration, and Canada's actions were found legitimate.
• Iceland-United Kingdom Cod Wars (1958-1976): Disputes arising from Iceland's efforts to expand its territorial waters and protect cod stocks, and the United Kingdom's opposition to this expansion. The disputes were resolved through diplomatic negotiations and international court rulings.

Protection of Fisheries Rights and Sustainability

Sustainable Fisheries Practices

Sustainable fisheries ensure the long-term conservation and restoration of fish stocks and marine ecosystems. To this end, international law and states take the following measures:

• Fishing Quotas: Fishing quotas are set for specific fish species, and measures are taken to ensure these quotas are not exceeded.
• Protected Areas: By establishing marine protected areas, sensitive ecosystems and fish breeding grounds are protected.
• Marine Environment Protection: Necessary measures are taken to prevent marine pollution and protect marine ecosystems.

Illegal, Unregistered and Unregulated (IUU) Fishing

IUU fishing threatens the sustainable management of fish stocks and damages marine ecosystems. The following measures are taken to combat IUU fishing:

• International Cooperation: States cooperate internationally and share information in combating IUU fishing.
• Sanctions: IUU imposes sanctions against fishing vessels and companies engaged in such activities to deter them.

Conclusion

Fisheries rights constitute a crucial branch of law aimed at the sustainable use and conservation of fish resources in seas and oceans. International maritime law ensures the sustainable management of fish stocks while balancing the interests of coastal states and the international community. International regulations such as the United Nations Convention on the Law of the Sea (UNCLOS) and Regional Fisheries Management Organizations (RFMOs) are important tools for protecting fisheries rights and promoting sustainable fishing practices. Arbitration, as well as judicial mechanisms such as the International Court of Justice (ICJ) and the International Tribunal for the Law of the Sea (ITLOS), are also critical for resolving fisheries disputes. The effective protection and management of fisheries rights will both safeguard the health of marine ecosystems and ensure the sustainability of fisheries resources for future generations.

Oguzhan Cömert