“The science is very clear about fisheries,” Daniel Pauly, the world’s leading fisheries scientist and Principal Investigator of the University of British Columbia’s Sea Around Us initiative, says. “You have to get rid of subsidies, you have to manage them, you have to prevent the fisheries essentially from committing suicide. A fishery left on its own will build capacity, will build bigger engines on bigger boats, more people will get in, and it will destroy the resource. That’s what it does if there is no management. It’s like your kids – if you leave them alone with a pan of chocolate, they will eat until they get sick. You have to tell them don’t eat the chocolate, or give them one chocolate at a time. This is the paradox, that the NGO industry is seen by the fishing industry and fisher communities as the enemy. We are the people that prevent them from committing suicide.” Photo by Alison Barrat, courtesy of Sea Around Us.
Born in Paris to an African-American GI and a French woman at the end of World War II, Dr. Daniel Pauly rose from a difficult and extraordinarily unusual childhood in Europe to become one of the most daring, productive, and influential fisheries scientists in the history of the field — and the first to illuminate the global extent and significance of overfishing. He did this by, as he quoted from Matt Damon’s character in The Martian, “sciencing the shit out of it.”
Dr. Pauly as a boy. “I’ve read a bit about children that had difficult youths,” Dr. Pauly says. “It turns out that most of us end up badly, but there is a small percentage that is resilient. And I have been one of them.” Photo courtesy of Daniel Pauly and Sea Around Us.
A professor and principal investigator of the Sea Around Us Project at the University of British Columbia, Dr. Pauly has devoted his career to studying and documenting the impact of fisheries on marine ecosystems and advocating for cutting-edge policies to address it. The software, scientific tools, and methods he and his research team developed have transformed understanding of how humans are impacting oceans. His research makes very clear that fish are in global peril — and so, in turn, are we.
If our species manages to reverse course and avoid the “watery horror show,” as he calls it, for which we’re on track, it will be thanks in large part to his and his colleagues’ vision, courage, and decades of tireless work. In this episode, we speak with Dr. Pauly about the “toxic triad” that characterizes modern fisheries (catches are underreported, science is ignored, and the environment is blamed when fish populations collapse as a result), how “shifting baseline syndrome” — a term he coined — results in slow and inadequate responses to overfishing and climate change, why fish are shrinking and struggling to breathe as oceans warm, and why we need to end high seas fishing and government subsidies of international fishing fleets.
In 1995, Dr. Pauly — photographed here on a boat in the Philippines — coined the term “shifting baseline syndrome” to describe how each new generation accepts the state of the natural world in which they were raised as “normal.” Lack of historical data and awareness warps perception about the severity of ecosystem transformation actually taking place. “It is happening so fast that young people now are not used to the winters that old folks like me recall,” Dr. Pauly says of climate change. “They don’t recall snow all over the place. They don’t recall cold in the winter, because often it’s not cold anymore. And if you add two generations, the stories they will read about how things were will not be credible anymore, and they will not be motivated to make any sacrifice to get back to the past. And so we can have a situation where we have every generation accommodating itself to a change that overall can be devastating.” Photo courtesy of Daniel Pauly and Sea Around Us.
“We must now, more and more, have the scientists speaking up,” Dr. Pauly says. “Because if they don’t, they leave the field to the politicians and to the pundits and to people who don’t know, and who make an agenda that is science-free. Science is actually not only what you can do, but also what you cannot do. It is okay to know what kind of things you shouldn’t be doing.” Photo courtesy of Daniel Pauly and Sea Around Us.
“I’ve been at this for almost twenty years now, and in my time, the vast majority of protected areas that have been established and designated in Canada have been either led or co-led by Indigenous Peoples,” Valérie Courtois, founder and director of the Indigenous Leadership Initiative (ILI), says. “The boreal forest contains up to a quarter of the world’s freshwaters and wetlands. It has the largest terrestrial storehouses of carbon in the globe. These are things that Indigenous Nations know intrinsically about those landscapes. And so what the ILI does really is to provide a national kind of voice and framework for advocacy of that leadership that is existing on the ground.” Photo courtesy of Nadya Kwandibens.
In 2017, seven Indigenous Nations and groups in Eastern Canada came together to sign an historic agreement to save a herd of caribou that had sustained all of them for time immemorial. The region’s caribou herd was once the world’s largest with 800,000 individuals. For thousands of years, indigenous peoples and the caribou met in this region. But then the herd began disappearing. By 2018, there were only 5,500 caribou left in the herd – a 99 percent decrease from 20 years before. Canada’s governments weren’t taking action, so these Indigenous Nations stepped in to save the herd. Overcoming long-entrenched divisions, and united by their common relationship to the caribou, these Nations created a groundbreaking framework for sustainably managing the herd and stopping its decline.
That agreement, known as the Ungava Peninsula Caribou Aboriginal Roundtable, or UPCART, is just one of many examples of how Indigenous Peoples across Canada are leading the way on protecting some of the world’s most ecologically important ecosystems and treasured wildlife. For millennia, Indigenous Peoples have been the caretakers of the land and have relied on animals–caribou, marten, goose, and the abundance of other animals that call Canada home. But industrial development, such as logging and mining, is putting much of the country’s wildlife and wild places at risk–along with the ways of life that depend on them. While Canada’s provinces drag their feet on needed protections, Indigenous Nations are combining Indigenous knowledge, western science, and thoughtful strategy to chart a new path for their people and for the rest of the world.
Prior to UPCART, “the only management tool that the governments were using with respect to the caribou was ‘hunting on, hunting off,'” Cortois says. “The UPCART’s strategy plan really takes much more of a nuanced approach that looks at the conditions on the ground, what we know about the population size, and the dynamics that are driving that population size – and then also prioritizes access to the Indigenous Nations as the rights-holders for those areas.” Photo courtesy of Pat Kane.
“In a very short time period, essentially since the Great Acceleration after World War II, we’ve engineered these vast industrial systems the planet over that are designed to generate food in a particular way for humans, and as a result humans have been more and more distanced from the possibility of right relations with the non-human world,” Kysar says. “How do we recreate those conditions that enable understanding of ourselves as part of a community of communities with intercommunal obligations?” Photo by Harold Shapiro/ Yale Law School.
Our species’ treatment of other animals raises deep questions of conscience, of consciousness, and of the consequences of human actions for other living beings. These are questions of science, but also questions of law and of power. Often, they are questions of who counts and who doesn’t. Throughout their careers, in distinct but related ways, our two guests today have made the case — in writing, in the courtroom, and in the classroom — that harms to other forms of life, including animals, the environment, and future generations, matter profoundly. Rather than accepting that these “other” beings reside outside the scope of law, they have argued that we must work to expand our moral imaginations and strive, be it ever asymptotically, toward the goal of universal recognition and respect for life.
Professors Doug Kysar and Jonathan Lovvorn are the Faculty Co-Directors of Yale Law School’s new Law, Ethics & Animals Program, also known as LEAP. LEAP is a multidisciplinary think-and-do tank dedicated to inspiring and empowering Yale scholars and students to address industrialized animal cruelty and its impacts, and to advance positive legal and political change for animals, people and the environment upon which they depend. In fall 2017, Lovvorn and Kysar co-taught the first full-credit course on animal law offered in Yale Law School’s history, building on years of growing student interest and reading groups. The class marked the beginning of a creative partnership and a dynamic collaboration between one of the nation’s most distinguished environmental law scholars and one of the nation’s most accomplished animal law practitioners.
