Legal Status of Maximum Sustainable Yield Concept in International Fisheries Law and Its Adoption in the Marine Fisheries Regime of Bangladesh: A Critical Analysis

Abstract

Maximum sustainable yield, popularly known by its acronym msy, is perhaps the most disputed concept in the realm of international fisheries law. The first part of this article briefly describes the genesis, development and subsequent adoption of the msy concept in international, regional and national fisheries management instruments. The second part documents the criticisms that the msy concept has generated to date and seeks to find out the legal status of the msy concept in international fisheries law. The third part of this article critically examines the adoption of the msy concept in the legal and policy regime for marine fisheries in Bangladesh. The article argues that more rigorous provisions for conservation of marine ecosystem should be incorporated in fisheries management policies of Bangladesh instead of solely relying on the msy concept as an objective of fisheries management.

Multilevel Resilience of Fishing Communities of Coastal Bangladesh Against Covid-19 Pandemic and 65-Day Fishing Ban

“…The marine fisheries sector constitutes a critical element of socio-economic support for the people in Bangladesh (Al Arif, 2017), as this country stands 12th in finfish production from marine and coastal aquaculture (FAO, 2020a). More than 17 million people work in the fisheries sector, comprising about 11% of Bangladesh's population and contributes 3.5% to the national GDP and 25.72% to the agricultural GDP (DoF, 2016(DoF, , 2020.…”

Interconnected principles of ocean governance through science-policy integration under the judgements of the international dispute settlement bodies

“…IDSBs maintained a balance between acceptable environmental change in marine ecosystems and other priorities, including utilising ocean resources. 64 While keeping this background, it is analysed how the IDSBs adopted (science-policy) ‘integration’ principle, arguably based on the same limitations as to the applicable law of the UNCLOS. The better view is that the provisions of the UNCLOS entailing compatible rules of international law are invoked by the IDSBs to support an expansion of the jurisdictional limits of the dispute resolution mechanisms.…”

Opportunities to improve ecosystem‐based fisheries management by recognizing and overcoming path dependency and cognitive bias

“…MSY is referenced in national fisheries policies and legislation across the world and continues to be drafted into new documents, with India (for instance) including it as an objective in the draft National Fisheries Policy released in February 2020. MSY is also a stated objective in many international agreements (including multilateral, regional and bilateral treaties; Al Arif, 2017) or foreign policy documents, from the Truman Proclamation of 1945 through to the 2012 Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean. Amongst the regional fisheries management organizations (RFMOs), the majority use MSY as their management basis (Webster, 2013), and even amongst many of those RFMOs where it is not explicitly stated in the founding convention (or treaty etc), it is clearly evident from their tactical management documents (e.g., SPRFMO, 2019).…”

“…This widespread adoption by governance bodies—and even conservation‐oriented organizations such as the Intergovernmental Science‐Policy Platform on Biodiversity and Ecosystem Services (IPBES)—is despite heavy criticism of the concept and its capacity to deliver against conservation and production objectives by authors from a broad range of backgrounds (including quantitative ecologists, economists, lawyers, historians and NGOs; Al Arif, 2017; Hey, 2012; Hubbard, 2014; Larkin, 1977). These critiques, questioning the appropriateness of the MSY concept on biological and economic grounds, began in the mid‐1950s (Al Arif, 2017; Finley & Oreskes, 2013), that is effectively from its earliest use in fisheries. Larkin’s (1977) paper is perhaps one of the better known deliberations on MSY’s feasibility and weaknesses.…”