[AT VOTE] Reducing Bycatch

[Refuge Isle]

The World Assembly,

Pleased with previous resolutions regulating the fishing industry from undue environmental impact, including GA 199 "Sustainable Fishing Act",

Aware, however, of the harmful impact of bycatch on both consumers and marine wildlife, which extends beyond the scope of GA 199, including the seep into areas such as public health and safety, consumer knowledge, and ensuring that nations maintain knowledge of what their fisheries are catching beyond their intended product,

Believing that, because overfishing and bycatch does not stay within any specific border, the World Assembly ought to negate these impacts to the best of its ability,

Hereby,

1. Defines "bycatch" as the unintentional capture of non-target marine creatures during fishing activities aimed at specific target species, that is not followed by the return of the creature to its ecological habitat intact and without being maimed or killed in the process;
   
2. Mandates that each member nation shall perform impartial research on the various species of marine life and marine ecologies within and surrounding their jurisdictions, especially as it relates to rates of bycatch and maximum bycatch permissible without causing negative impacts in the areas of environmental stability, public health, and any other relevant aspects;
   
3. Mandates that each member nation shall institute regulations on the maximum allowable bycatch based on the research outlined in clause two, and ensure that no entity within their jurisdiction shall exceed these regulations;
   
4. Mandates that packages of processed seafood within member nations have the projected amount of bycatch included in the product as a result of their specific fishing practices and the location in which they fish;
   
5. Prohibits member-nations or entities therein from engaging in the import or purchase of seafood or other ocean-based products from nations, corporations, or other entities which have not established or do not enforce scientifically-informed bycatch limits, consistent with the mandates surrounding clauses two, three, and four;
   
6. Mandates that nations release national and local data from within its jurisdiction surrounding bycatch and the rates thereof to the World Assembly Science Programe, who shall then make that information public;
   
7. Encourages member nations to invest in research into bycatch-prevention devices, gear, and techniques, and to share these technological innovations and information with any member nations which may find a use for them.

Reducing bycatch is an important issue; in Bisofeyr, our local supply of fish has been significantly negatively impacted due to the bycatch of many neighboring nations jealous of our great nation. We hope that this will spur a reduction in such outcomes.

[Coders]

The World Assembly,

Aware of the harmful impact of bycatch on both consumers and marine wildlife,

Believing that the World Assembly ought to negate these impacts to the best of its ability,

Hereby,

Mandates that each member nation shall establish scientifically-informed bycatch limits for waters within its jurisdiction, taking into consideration the ecological characteristics, species vulnerability, and other factors that may influence public or ecological health due to bycatch;

Prohibits any individuals, corporations, or other entities that operate in or are based in any member nation from violating the bycatch limits put in place by the relevant member nation;

Mandates that packages processed seafood within member nations have the projected amount of bycatch included in the product as a result of their specific fishing practices and the location in which they fish;

Prohibits the import or purchase of seafood or other ocean-based products from nations, corporations, or other entities which have not established or do not enforce scientifically-informed bycatch limits, as indicated by earlier clauses within this resolution;

Mandates that nations release national and local data from within its jurisdiction surrounding bycatch and the rates thereof;

Encourages member nations to invest in research into bycatch-prevention devices and gear, and to share these technological innovations and information with any member nations which may find a use for them.

Reducing bycatch is an important issue; in Bisofeyr, our local supply of fish has been significantly negatively impacted due to the bycatch of many neighboring nations jealous of our great nation. We hope that this will spur a reduction in such outcomes.

What is bycatch? The resolution is not clear on that. Also, it may just be a problem in your nation.

[Bisofeyr]

The World Assembly,

Aware of the harmful impact of bycatch on both consumers and marine wildlife,

Believing that the World Assembly ought to negate these impacts to the best of its ability,

Hereby,

Mandates that each member nation shall establish scientifically-informed bycatch limits for waters within its jurisdiction, taking into consideration the ecological characteristics, species vulnerability, and other factors that may influence public or ecological health due to bycatch;

Prohibits any individuals, corporations, or other entities that operate in or are based in any member nation from violating the bycatch limits put in place by the relevant member nation;

Mandates that packages processed seafood within member nations have the projected amount of bycatch included in the product as a result of their specific fishing practices and the location in which they fish;

Prohibits the import or purchase of seafood or other ocean-based products from nations, corporations, or other entities which have not established or do not enforce scientifically-informed bycatch limits, as indicated by earlier clauses within this resolution;

Mandates that nations release national and local data from within its jurisdiction surrounding bycatch and the rates thereof;

Encourages member nations to invest in research into bycatch-prevention devices and gear, and to share these technological innovations and information with any member nations which may find a use for them.

Reducing bycatch is an important issue; in Bisofeyr, our local supply of fish has been significantly negatively impacted due to the bycatch of many neighboring nations jealous of our great nation. We hope that this will spur a reduction in such outcomes.

What is bycatch? The resolution is not clear on that. Also, it may just be a problem in your nation.

Bycatch is a known term that basically entails catching fish that you are not intending on catching during a fishing trip; one of the more prominent examples of this in several large corporate nations is the bycatch of dolphins when fishing for tuna. As far as I'm aware, this is an international issue that threatens ecosystems; I know in Bisofeyr, it is the excess bycatch of other nations that influences us, as we already have very strict laws surrounding fishing and overfishing so as to maintain our natural harmony with the seas, but even despite this, our neighbors do not hold similar views, which makes this an issue worthy of international attention.

[Tinhampton]

If quality control is sufficient, a can of tuna will contain 100% tuna and 0% dolphin. It is unnecessary to say what percentage of your catch was tuna and what percentage was dolphin because you will not be selling dolphin meat.

This resolution would ban the import of seafood from non-member states.

[Simone Republic]

If quality control is sufficient, a can of tuna will contain 100% tuna and 0% dolphin. It is unnecessary to say what percentage of your catch was tuna and what percentage was dolphin because you will not be selling dolphin meat.

This resolution would ban the import of seafood from non-member states.

The problem comes from you eating a "fish finger" and you don't know what kind of fish is inside. I know that "fish and chips" in the UK has specific regulations on what must go inside the fish.

[Bisofeyr]

If quality control is sufficient, a can of tuna will contain 100% tuna and 0% dolphin. It is unnecessary to say what percentage of your catch was tuna and what percentage was dolphin because you will not be selling dolphin meat.

This resolution would ban the import of seafood from non-member states.

This is an unrealistic standard for most large capitalist nations. Nearly all processed seafood has some amount of bycatch because it is simply too costly otherwise.

This would prevent the import of seafood from some non-member states, such as those who have not instituted limits on bycatch. If a non-member institutes these limits, their goods could once again be imported.

[The Ice States]

"Welcome to the General Assembly, and as many call it, the Festering Snakepit, Ambassador. This appears to be very well-written for a first draft; however there are still some points in which regard the draft could be improved. In particular, we believe that there should be a more specific test in Section 1 established for what the limits must be, rather than simply requiring said limits to take certain factors into account. For example, what must the limits be sufficient to achieve? What should the end goal of them be?

"I also note that with regard to Section 4 that it may be opposed by certain member nations on the grounds that indirectly legislating on member nations is a violation of national sovereignty. Our mission specifically would likely not agree with such arguments, however from the times I have read the gnome-maintained records of proposal debates, the fact that eg 'Epidemic Investigation Act' has similar measures was a significant argument against it, its passage notwithstanding."

"Once again, best of luck on this proposal, and welcome to the Assembly."

~Robert Desak,
World Assembly Ambassador,
The Eternal Union of Devonia and the Ice States.

[Bisofeyr]

"Welcome to the General Assembly, and as many call it, the Festering Snakepit, Ambassador. This appears to be very well-written for a first draft; however there are still some points in which regard the draft could be improved. In particular, we believe that there should be a more specific test in Section 1 established for what the limits must be, rather than simply requiring said limits to take certain factors into account. For example, what must the limits be sufficient to achieve? What should the end goal of them be?

"I also note that with regard to Section 4 that it may be opposed by certain member nations on the grounds that indirectly legislating on member nations is a violation of national sovereignty. Our mission specifically would likely not agree with such arguments, however from the times I have read the gnome-maintained records of proposal debates, the fact that eg 'Epidemic Investigation Act' has similar measures was a significant argument against it, its passage notwithstanding."

"Once again, best of luck on this proposal, and welcome to the Assembly."

~Robert Desak,
World Assembly Ambassador,
The Eternal Union of Devonia and the Ice States.

We thank the wonderful Ambassador from the Ice States for their feedback; we have now taken certain factors into account explicitly, including those surrounding ecology, liveliness of the community of each individual species, and public health. We will not remove the clauses surrounding trade with non member nations, as that would undermine the purpose of this proposal. Believe it or not, when so many of the world's waterways are connected, one nation's transgressions can severely impact another's; trade limitations are the only way to remedy this. Non members may readily choose not to follow the regulations laid out here; that is their own choice.

[The Ice States]

"Welcome to the General Assembly, and as many call it, the Festering Snakepit, Ambassador. This appears to be very well-written for a first draft; however there are still some points in which regard the draft could be improved. In particular, we believe that there should be a more specific test in Section 1 established for what the limits must be, rather than simply requiring said limits to take certain factors into account. For example, what must the limits be sufficient to achieve? What should the end goal of them be?

"I also note that with regard to Section 4 that it may be opposed by certain member nations on the grounds that indirectly legislating on member nations is a violation of national sovereignty. Our mission specifically would likely not agree with such arguments, however from the times I have read the gnome-maintained records of proposal debates, the fact that eg 'Epidemic Investigation Act' has similar measures was a significant argument against it, its passage notwithstanding."

"Once again, best of luck on this proposal, and welcome to the Assembly."

~Robert Desak,
World Assembly Ambassador,
The Eternal Union of Devonia and the Ice States.

We thank the wonderful Ambassador from the Ice States for their feedback; we have now taken certain factors into account explicitly, including those surrounding ecology, liveliness of the community of each individual species, and public health. We will not remove the clauses surrounding trade with non member nations, as that would undermine the purpose of this proposal. Believe it or not, when so many of the world's waterways are connected, one nation's transgressions can severely impact another's; trade limitations are the only way to remedy this. Non members may readily choose not to follow the regulations laid out here; that is their own choice.

"Regarding the non-member mandate, that is understood, I simply wanted your mission to be aware that it may be a controversial provision. Regarding the rest, the updated draft indeed appears to be an improvement, however it still does not completely address our concerns. Simply saying 'reasonable limits' does not do anything as a nation would likely already be implementing those measures it believes to be reasonable. I would suggest something along the lines of the following for Section 3,"

Mandates that each member nation institute those restrictions on fishing practices, including such aspects as the types of fish targeted, the means used to catch fish, and the locations in which fishing may take place, necessary based on clause one research to minimise bycatch during fishing;

"This lays out a specific test for what restrictions must be implemented by a member nation, while still allowing the general flexibility I imagine the clause is written to ensure. I do commend your mission for choosing to take a flexible approach over micromanagement which causes more harm than good."

~Robert Desak,
World Assembly Ambassador,
The Eternal Union of Devonia and the ice States.

[Bisofeyr]

Clause three has been updated accordingly.

[Bisofeyr]

Bumping this.

[Simone Republic]

Clause (4) is very wordy and very vague.

And what category is this under? Environment - fishing?

(IC)

The bear walks by with another salmon in its mouth. "Umm... by-catch? What by-catch? Just eat both fish..."

[Bears Armed]

A bear who's just passing through the building for some reason (and wearing an 'Observer' badge just to justify their presence) happens upon this discussion and comments _

Check for compatibility with GAR#199 'Sustainable Fishing Act'.

This resolution would ban the import of seafood from non-member states.

No, it wouldn't: Non-members who want to export seafood to member states are perfectly free to introduce equivalent laws governing their own fishing industries so that their products meet these standards.

[Pacific Haven]

(OOC: I should think that it would help if you were in the WA, unless you're a puppet which I'm not aware of, in which case carry on.)

[Bisofeyr]

(OOC: I should think that it would help if you were in the WA, unless you're a puppet which I'm not aware of, in which case carry on.)

OOC: I have a WA nation, but my main entering the WA would not be consistent with my roleplay.

Clause (4) is very wordy and very vague.

OOC: Environment: Fishing is the intention, yes. I have reworded clause (4) so it is hopefully better now. I don't want to get too detailed because the good-faith clause covers a lot of leeway, I believe. The wording as-is should require member nations to ensure that no one fishing practice or technique that create more bycatch than other equally feasible, if more involved, techniques do (i.e. using drift gill nets).

A bear who's just passing through the building for some reason (and wearing an 'Observer' badge just to justify their presence) happens upon this discussion and comments _

Check for compatibility with GAR#199 'Sustainable Fishing Act'.

IC: We have reviewed the Sustainable Fishing Act and believe it to be incredibly adept at discussing overfishing, and we commend the efforts thereof. While we do believe bycatch is related, we do not believe that the mentioned resolution would directly impact rates of bycatch, as this resolution takes more into account than overfishing. There may be overlap, but this resolution goes a little broader into a more specific issue, especially as it relates to public health. I also worry about some nations simply being ignorant of the impact that bycatch may have on overfishing, and only be taking the intentional harvest of sea creatures into account when they are measuring the harvesting of aquatic species; it may not be in good spirit with GAR#199, but it is an oversight that I am sure is happening in many member nations.

We do not believe that slight duplication (see OOC: insofar as rules are concerned) is enough to render this draft fruitless, especially given the expanse this draft contains beyond.

[Simone Republic]

A bear who's just passing through the building for some reason (and wearing an 'Observer' badge just to justify their presence) happens upon this discussion and comments _

(IC)

The white bear sees a bear from Bears Armed and promptly flees, fearing for its life for being a pretender. Also because it's unarmed.

Check for compatibility with GAR#199 'Sustainable Fishing Act'.

(OOC)

Probably should acknowledge that resolution in your preamble. You've got plenty of space.

[Bisofeyr]

Check for compatibility with GAR#199 'Sustainable Fishing Act'.

(OOC)

Probably should acknowledge that resolution in your preamble. You've got plenty of space.

OOC: Done.

[Kenmoria]

Ambassador Fortier stands to speak. “I have presented some comments on this draft through annotation in red. Currently, I shall reserve judgement on the merits of this idea conceptually until the draft is further developed.”

The World Assembly,

Pleased with previous resolutions regulating the fishing industry from an undue environmental impact, including with GA 199 "Sustainable Fishing Act", Both “an” and “with” are superfluous additions to this clause, so I suggest these words’ removal.

Aware, however, of the harmful impact of bycatch on both consumers and marine wildlife, which extends beyond the scope of GA 199, These impacts are left unstated. However, I feel as though your Excellency would be making a far more persuasive case if your Excellency were to state them. These are the primary reasons for supporting the proposal.

Believing that the World Assembly ought to negate these impacts to the best of its ability, This clause should be remodelled to clarify why international legislation is the appropriate mechanism to address bycatch, rather than stating a mere deduction.

Hereby,

1. Defines "bycatch" as the unintentional capture of non-target marine creatures during fishing activities aimed at specific target species, that is not followed by the return of the creature to its ecological habitat in-tact and without being maimed or killed in the process; I suggest that your Excellency unhyphenate “in-tact” to render it as “intact”. I also question whether it is possible for an entity that has been maimed or killed to be intact.
   
2. Mandates that each member nation shall perform impartial research on the various species of marine life and marine ecologies within and surrounding their jurisdictions in order to establish regulations surrounding the maximum allowable bycatch given concerns on ecological stability and impact, endangered species impacts, impact on habitat, public health and safety given unintentional consumption, and public image; This clause is unhelpful and redundant where this research has already been performed or is being performed by entities other than a member-nation. Additionally, the justificatory part of this clause, which is everything following “in order to”, ought to be in either the preamble or a separate clause.
   
3. Mandates that each member nation shall institute such restrictions on the maximum allowable bycatch pursuant to the research as laid out in clause two; I am unfortunately unable to fully grasp the meaning of this clause. I therefore suggest that your Excellency rewrite it for clarity.
   
4. Mandates that each member nation shall regulate fishing practices and techniques that disproportionately increase rates of bycatch to bring the levels closer to other practices and techniques (especially if those rates tend to exceed the restrictions instituted in clause three); This mandate is both too broad and too narrow. On the one hand, there might be fishing practices that disproportionately create bycatch due to having some other benefit, such as forming part of a traditional culture or being more efficient in terms of time. On the other hand, this clause is of very little effect, because what it means “to bring levels closer” is almost nugatory, since any negative change in terms of bycatch will bring these levels closer to the average. Your Excellency might wish to consider rethinking why this clause is necessary, and whether there is a different way to achieve its goal.
   
5. Prohibits any individuals, corporations, or other entities that operate in or are based in any member nation from violating the bycatch limits put in place by the relevant member nation; This prohibition is arguably implicit in the mandate on member-nations to create regulations.
   
6. Mandates that packages processed seafood within member nations have the projected amount of bycatch included in the product as a result of their specific fishing practices and the location in which they fish; It would be very strange for the byproduct to be in the actual product. I suggest that your Excellency meant to write that the projected amount of bycatch should be stated on the packaging for the product.
   
7. Prohibits the import or purchase of seafood or other ocean-based products from nations, corporations, or other entities which have not established or do not enforce scientifically-informed bycatch limits, consistent with the mandates surrounding clauses two, three, and four; It is helpful here, in my view, to clarify that member-nations are the objects of this prohibition.
   
8. Mandates that nations release national and local data from within its jurisdiction surrounding bycatch and the rates thereof; This clause should specify to whom this data is being released.
   
9. Encourages member nations to invest in research into bycatch-prevention devices and gear, and to share these technological innovations and information with any member nations which may find a use for them.

[Bisofeyr]

Ambassador Fortier stands to speak. “I have presented some comments on this draft through annotation in red. Currently, I shall reserve judgement on the merits of this idea conceptually until the draft is further developed.”

The World Assembly,

Pleased with previous resolutions regulating the fishing industry from an undue environmental impact, including with GA 199 "Sustainable Fishing Act", Both “an” and “with” are superfluous additions to this clause, so I suggest these words’ removal.

Aware, however, of the harmful impact of bycatch on both consumers and marine wildlife, which extends beyond the scope of GA 199, These impacts are left unstated. However, I feel as though your Excellency would be making a far more persuasive case if your Excellency were to state them. These are the primary reasons for supporting the proposal.

Believing that the World Assembly ought to negate these impacts to the best of its ability, This clause should be remodelled to clarify why international legislation is the appropriate mechanism to address bycatch, rather than stating a mere deduction.

Hereby,

1. Defines "bycatch" as the unintentional capture of non-target marine creatures during fishing activities aimed at specific target species, that is not followed by the return of the creature to its ecological habitat in-tact and without being maimed or killed in the process; I suggest that your Excellency unhyphenate “in-tact” to render it as “intact”. I also question whether it is possible for an entity that has been maimed or killed to be intact.
   
2. Mandates that each member nation shall perform impartial research on the various species of marine life and marine ecologies within and surrounding their jurisdictions in order to establish regulations surrounding the maximum allowable bycatch given concerns on ecological stability and impact, endangered species impacts, impact on habitat, public health and safety given unintentional consumption, and public image; This clause is unhelpful and redundant where this research has already been performed or is being performed by entities other than a member-nation. Additionally, the justificatory part of this clause, which is everything following “in order to”, ought to be in either the preamble or a separate clause.
   
3. Mandates that each member nation shall institute such restrictions on the maximum allowable bycatch pursuant to the research as laid out in clause two; I am unfortunately unable to fully grasp the meaning of this clause. I therefore suggest that your Excellency rewrite it for clarity.
   
4. Mandates that each member nation shall regulate fishing practices and techniques that disproportionately increase rates of bycatch to bring the levels closer to other practices and techniques (especially if those rates tend to exceed the restrictions instituted in clause three); This mandate is both too broad and too narrow. On the one hand, there might be fishing practices that disproportionately create bycatch due to having some other benefit, such as forming part of a traditional culture or being more efficient in terms of time. On the other hand, this clause is of very little effect, because what it means “to bring levels closer” is almost nugatory, since any negative change in terms of bycatch will bring these levels closer to the average. Your Excellency might wish to consider rethinking why this clause is necessary, and whether there is a different way to achieve its goal.
   
5. Prohibits any individuals, corporations, or other entities that operate in or are based in any member nation from violating the bycatch limits put in place by the relevant member nation; This prohibition is arguably implicit in the mandate on member-nations to create regulations.
   
6. Mandates that packages processed seafood within member nations have the projected amount of bycatch included in the product as a result of their specific fishing practices and the location in which they fish; It would be very strange for the byproduct to be in the actual product. I suggest that your Excellency meant to write that the projected amount of bycatch should be stated on the packaging for the product.
   
7. Prohibits the import or purchase of seafood or other ocean-based products from nations, corporations, or other entities which have not established or do not enforce scientifically-informed bycatch limits, consistent with the mandates surrounding clauses two, three, and four; It is helpful here, in my view, to clarify that member-nations are the objects of this prohibition.
   
8. Mandates that nations release national and local data from within its jurisdiction surrounding bycatch and the rates thereof; This clause should specify to whom this data is being released.
   
9. Encourages member nations to invest in research into bycatch-prevention devices and gear, and to share these technological innovations and information with any member nations which may find a use for them.

We appreciate Ambassador Fortier's comments and have amended the draft accordingly, though we have left the potential redundancy in the definition, so as to not be misinterpreted. We would look forward to any further feedback, and appreciate your efforts to make this draft as excellent as possible.

[Bisofeyr]

Any final comments greatly appreciated.

[Tigrisia]

Encourages member nations to invest in research into bycatch-prevention devices and gear, and to share these technological innovations and information with any member nations which may find a use for them.

We recommend to replace "devices and gear" by "technologies and techniques", as there is also significant evolution on the technologies, but also on how to fish.

For the Delegation of the Federal Republic of Tigrisia
Junior Consular Secretary Thandi Enfantia

[Bisofeyr]

Encourages member nations to invest in research into bycatch-prevention devices and gear, and to share these technological innovations and information with any member nations which may find a use for them.

We recommend to replace "devices and gear" by "technologies and techniques", as there is also significant evolution on the technologies, but also on how to fish.

Having sat down, the ambassador's legs seem to have fallen asleep and he stumbles as he approaches the front of the room again, with a slightly altered draft. "While we have not used your precise wording, we have implemented a similar language change into this proposal."

[Tigrisia]

Having sat down, the ambassador's legs seem to have fallen asleep and he stumbles as he approaches the front of the room again, with a slightly altered draft. "While we have not used your precise wording, we have implemented a similar language change into this proposal."

Thank you for addressing our concerns. We now fully support this draft.

For the Delegation of the Federal Republic of Tigrisia at the World Assembly
Junior Consular Secretary Thandi Enfantia

[Kenmoria]

Ambassador Fortier stands to speak. “I have three pieces of feedback for this draft. First, the second preambulatory clause is the only preambulatory pause to end with a semicolon rather than a comma; this should be standardised. Second, the fourth clause should have ‘of’ inserted between ‘packages’ and ‘processed’. Third, the fifth clause should have ‘from’ inserted between :therein’ and ‘in’.”

“At present, I feel able to support this draft. It is a minor area of legislation, but it is an important one. As a coastal nation, the People’s Republic of Kenmoria will benefit from having firm limits surrounding bycatch, in order to ensure long-lasting access to fishing resources.”

[Bisofeyr]

Ambassador Fortier stands to speak. “I have three pieces of feedback for this draft. First, the second preambulatory clause is the only preambulatory pause to end with a semicolon rather than a comma; this should be standardised. Second, the fourth clause should have ‘of’ inserted between ‘packages’ and ‘processed’. Third, the fifth clause should have ‘from’ inserted between :therein’ and ‘in’.”

“At present, I feel able to support this draft. It is a minor area of legislation, but it is an important one. As a coastal nation, the People’s Republic of Kenmoria will benefit from having firm limits surrounding bycatch, in order to ensure long-lasting access to fishing resources.”

"We have instituted these changes, and appreciate Kenmorian support."