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While the term "overfishing" may not be included in Black's Law
Dictionary with a legal definition, this does not prohibit the term from
having legal effect. Phrases and terms may be given legal effect by
virtue of their use in the context of a governing law, legal document or
treatise.
For example, if a federal, state or local law has been enacted to
prohibit "overfishing" and the act or acts constituting "overfishing"
are spelled out in this law, then the term "overfishing" would have
legal effect. This explanation is somewhat basic, but it should give
you an example of how "overfishing" could be defined as a legal term.
Hope this is helpful,
A.S. Overton
-----Original Message-----
From: Scientific forum on fish and fisheries
[mailto:[log in to unmask]] On Behalf Of [log in to unmask]
Sent: Thursday, May 26, 2005 9:21 AM
To: [log in to unmask]
Subject: Re: Is overfishing a scientific or legal term?
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Mike, I think you need to think more carefully about the various
possible
definitions and uses of the term overfishing.
There is growth overfishing, recruit overfishing, plus a stock can be
overfished in terms of either the maximum sustainable yield or even the
maximum economic yield, i.e. a stock can be overfished in relation to a
number of different metrics. You are assuming that when most people use
the term overfishing they are refering to recruitment overfishing, this
is
a reasonable assumption as I agree that this is what peopl commonly take
to
mean by overfishing.
Thus, yes I agree that overfishing is a scientific term, but you need to
make sure that everyone is talking about the same type of 'overfishing'.
However 'overfishing' as a legal term it may have specific meanings.
regards
Will Le Quesne
National Oceanography Centre
Southampton, U.K.
Quoting Mike Flaherty <[log in to unmask]>:
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>
> An article titled, "Scallops overfished for past 2 years, official
says",
> appeared on the front page of today's New Bedford Standard Times.
>
> http://www.southcoasttoday.com/daily/05-05/05-26-05/a01lo102.htm
>
> There was one excerpt in it which gave me pause...
>
> ===============================
> "Overfishing is a legal term, not a scientific term, and is therefore
not
> an
> accurate way to evaluate the health of the scallop fishery, Dr.
> Kenchington
> said."
> ===============================
>
> As I roughly understand things, "overfishing" is defined as a point
> beyond
> which harvest/mortality levels exceed sustainable levels in a fishery.
> It
> is further my understanding that the thresholds for sustainability are
> arrived at scientifically. If this is true, then isn't overfishing
truly
> a
> scientific term? More importantly, is it a reasonably accurate way to
> evaluate the health of a fishery?
>
> Thanks,
> Mike Flaherty
> Wareham, MA
>
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