Abstract
The focus on flag States for the purpose of attributing fisheries catch is inconsistent with the assignment of sovereign rights to coastal States under international law and undermines equity in contemporary quota allocation negotiations. We propose modernizing reporting frameworks to include zone-based reporting of fish catches to more equitably present data, ensure consistency with the Law of the Sea, and better support the realization by developing coastal States of their development aspirations consistent with SDG 14, Life Below Water. States are already required to collect the data necessary to support this change, and many regional fisheries management authorities already do so. Reforms to data collection and reporting mechanisms should support zone-based catch attribution as a central feature of negotiations around access to future fishing opportunities on shared resources. Doing so will ensure that the sovereign rights of developing coastal States are properly accounted for and implemented.
Highlights
Global fish catches have traditionally been attributed to States based upon the flag of the fishing vessel taking the catch rather than the location of fishing activity
In the Indian Ocean Tuna Commission (IOTC), the dominant distant water fishing nations (DWFN) (European Union) argues that only 10% of the historical catches taken within an Exclusive Economic Zones (EEZs) should be allocated to the coastal State and 90% of those catches should be allocated to the flag State of the fishing vessel (Sinan and Bailey, 2020)
The LOSC and UNFSA together recognize the sovereign rights of coastal States over the fisheries resources within their EEZ, and require the collection of data to allow fish catches to be attributed to the EEZ of origin
Summary
Global fish catches have traditionally been attributed to States based upon the flag (nationality) of the fishing vessel taking the catch rather than the location of fishing activity. The LOSC and UNFSA together recognize the sovereign rights of coastal States over the fisheries resources within their EEZ, and require the collection of data to allow fish catches to be attributed to the EEZ of origin Despite this legal framework, and the significance of EEZ fisheries to sustainable development, catch attribution practices continue to prioritize “catch by flag State” rather than “catch by geographic origin.”. Significant progress in removing institutional barriers to zonal reporting of fish catches can be seen in the contemporary practice of RFMOs. Examples include the development of E-reporting standards by the WCPFC (2017), support for electronic monitoring (WCPFC, 2021) and the rearrangement of statistical divisions within the area of competence of SEAFO to allow catches taken within national waters of member States to be distinguished from those taken elsewhere (see section “Current Fisheries Data Reporting Structure and History,” above)
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