

Packwood-Magnuson
Amendment,
Pelly Amendment |
INDEX |
| Two pieces of domestic
legislation in the United States which give the President the power to authorize trade
sanctions against States which engage in activities deemed by the United States to
undermine the effectiveness of international environmental agreements, including
CITES or the
International
Convention for the Regulation of Whaling, whether or not the foreign State is acting
illegally. These amendments have given rise to a number of objections from other States. |
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| pelagic |
INDEX |
| Pelagic fish - such as tunas
and sharks - spend most of their life swimming - usually in schools - in the water column
between the bottom and the surface. They usually feed on smaller fish or
crustaceans. |
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| pinnipeds |
INDEX |
| Group of marine mammals, of
the Order Pinnipedia, containing seals, sealions and
walruses. |
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| pole-and-line
fishing |
INDEX |
| This is a method of fishing
which involves attracting fish to the vessel, using small bait fish. A pole with a
barbless lure is lowered into the water which is raised when the fish bite, lifting the
fish out of the water and onto the vessel. |
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| port
State control |
INDEX |
| Port State control refers to
a system of fisheries enforcement whereby States inspect vessels when they are in its
ports. It is a system yet to be explored fully in fisheries management, although it
is already employed with considerable success in international pollution law. The
concept has recently been introduced in the
FAO Code of
Conduct and the
UN Straddling Stocks Agreement,
although neither texts develop the criteria upon which a system of port state control is
to be based. |
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| pots
IMAGE |
INDEX |
| These are a type of
trap in the form of cages or baskets with one or more openings or
entrances. They can be made from various materials (such as wood, wicker, metal rods,
etc.). They are usually set at the bottom, with or without bait, singly or in rows,
connected by ropes (buoy-lines) to buoys showing their position on the surface. |
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| precautionary
principle (or approach) |
INDEX |
| A developed notion of the
precautionary principle is relatively new to fisheries management, although it is well
established in other areas of international environmental law. There is no generally
accepted definition of the precautionary principle in international fisheries law,
although three broad factors may be identified: preventative anticipation, i.e. taking
action to prevent the over-exploitation of stocks before it actually occurs; allowance for
a margin of error; and the principle that lack of full scientific certainty should not be
used as a reason for postponing conservation and management measures where there is a
threat of serious or irreversible damage (see Principle 15 of the
UNCED Rio Declaration). The difficulty arises, however,
as in all risk assessment strategies, in selecting an appropriate reference point for
precautionary action. This has generated considerable debate - usually couched in terms of
an argument for an approach as opposed to a principle, which is not always a helpful or
meaningful distinction - in fisheries, where considerable scientific uncertainty means
that risks can never be completely eliminated. The international response has been to
develop a ideas of a precautionary approach - by means of precautionary reference points
(see next entry) designed towards risk reduction in individual
cases. |
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| precautionary
reference points |
INDEX |
| Reference points are used in
precautionary management to define acceptable levels of mortality and recruitment
criteria. Two types of reference point are can be distinguished: limit (or conservation)
reference points and target (or management) reference points. Limit reference points
represent the outer limit within which fish stocks can produce maximum sustainable yield.
Target reference points, on the other hand, are set at some point lower than the limit
reference point and are intended to meet management objectives. Thus, under such a
system, MSY would no longer be a target (a management objective)
but an outer limit that should not be breached. The intention is to keep all harvests
below MSY and, when the target reference point is exceeded so that
a stock falls below or is at risk of falling below the limit reference point, automatic
management measures should be initiated to allow the stock to rebuild. |
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| "Presential
Sea" |
INDEX |
| In 1991 Chile took unilateral
action, in the form of the mar presencial (the "presential sea") concept,
to protect the resources in its EEZ. Under this regime, Chile assumed an enhanced
presence in an area beyond the EEZ, with the objectives of participation in
and surveillance of the activities undertaken by other states on the high seas off its
coast, in order to promote national economic development and to ensure that other
activities there are conducted in such a way as to avoid direct or indirect harmful
effects upon such development. The legal validity of the legislation is uncertain,
however, and a number of States have lodged protests. |
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| production |
INDEX |
1. The total elaboration of
new body substance in a stock in a unit of time, irrespective of whether or not it
survives to the end of that time. Also called: net production; total production.
2. Yield. |
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| purse-seines
IMAGE |
INDEX |
| Purse-seines, which are a
type of surrounding net, are characterized by the use of a
purse line at the bottom of the net. The purse line enables the net to be close like a
purse, and thus retain all the fish caught. Purse seines may be very large and are
sometimes operated by two boats, although in most cases only one boat is used, with or
without a skiff (a small auxiliary boat). Tuna purse seiners are large vessels, equipped
to handle very large and heavy purse seine nets for tuna. |
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