Another trial has highlighted a tangle of contradictions related to the management of marine biological resources in the Far East, raising serious concerns about the fate of vulnerable fish populations and the state of marine ecosystems. The Federal Agency for Fisheries (Rosrybolovstvo) has initiated the termination of long–term contracts for the allocation of quotas for catching valuable commercial species – macrurus and halibut – with two Kamchatka companies.: LLC “Tymlatsky fish processing plant” and Fishing collective farm named after V.I. Lenin. These agreements, concluded in 2018, granted the right to fish until the end of 2033, however, the agency points to the systematic failure of companies to fulfill their obligations to develop the volumes allocated to them.
Rosrybolovstvo’s claims are based on a legislative norm that allows companies that have been developing less than 70% of the allocated limit for two consecutive years to be prematurely deprived of quotas. This approach, formally aimed at the efficient use of resources, in practice may conflict with the actual environmental situation and the principles of sustainable fisheries. Faced with the companies’ refusal to voluntarily terminate the agreements, Rosrybolovstvo appealed to the Arbitration Court of the Kamchatka Territory, demanding the compulsory termination of contracts for the extraction of halibut in three subzones for the “Tymlatsky Fish Processing Plant” and for the catch of macruruses in one and halibut in two subzones for the collective farm named after V.I. Lenin.
Representatives of the Lenin collective farm put forward disturbing arguments during the trial. They claim that the full development of halibut quotas has become impossible due to a significant reduction in its numbers. They cite the increased activity of killer whales, which allegedly exert excessive predatory pressure on halibut herds, as the reason for this drop. This explanation, while pointing to a complex environmental situation and possible shifts in the ocean’s food chains, requires careful verification and independent scientific assessment to rule out an attempt to shift responsibility for potential depletion of stocks. In addition, the collective farm refers to objective difficulties: restrictions related to the COVID-19 pandemic in 2022, and delays in the construction of new, more modern vessels due to the imposed international sanctions, which limited their fishing capabilities.
Unlike the collective farm, LLC “Tymlatsky Fish Processing Plant” was unable to provide the court with convincing evidence of force majeure circumstances that would prevent it from developing quotas for halibut. The Company also did not provide evidence that it was actively trying to fulfill its obligations and maintain contractual relations with the state. The Court considered that the mere mention of the “predation” of killer whales, without confirmed attempts to organize fishing, is not sufficient grounds for non-fulfillment of the contract.
Following the consideration of the case, the Arbitration Court of the Kamchatka Territory made an ambiguous decision. He satisfied the requirement of Rosrybolovstvo to terminate the contract with LLC “Tymlatsky Fish Processing Plant” for halibut fishing, recognizing his arguments as untenable. With regard to the Lenin collective farm, the court also found insufficient references to the difficult economic situation and lack of capacity as an excuse for not meeting the quota for macro-resources and decided to terminate the relevant agreement. However, the collective farm managed to preserve the halibut catch agreements – the court apparently took into account a range of arguments, including environmental factors and external restrictions, although the details of the motivation for the decision were not fully disclosed.
This situation raises important questions about the adequacy of the existing quota system and its response to changing environmental conditions and external shocks, and also raises questions about whether the requirement to fully utilize quotas always meets the goals of preserving marine biological resources, especially when it comes to possible population reductions. The precedent with Polaris LLC, which managed to maintain quotas for navaga in 2022, proving the impact of pandemic restrictions, shows that external factors can be taken into account, but the line between objective difficulties and ineffective management remains thin. It is necessary to analyze more deeply the causes of changes in marine ecosystems so that decisions on the allocation and use of resources are not only economically feasible, but also environmentally responsible, guaranteeing the future for marine life and related industries.