Illegal Fishing Research Articles

Governance of illegal, unreported, and unregulated (IUU) fishing in Bangladesh: status, challenges, and potentials

Illegal, unreported, and unregulated (IUU) fishing can result in loss of revenue, environmental damage, and economic loss for coastal communities, as well as a reduction in fish stocks. This study aims to generate comprehensive knowledge of the historical patterns and current status of IUU fishing in the coastal and marine waters of Bangladesh (BD). Secondary, qualitative, and quantitative data were gathered using SWOT as the conceptual framework. Cluster analysis was performed using NVivo for quantitative and qualitative data analysis. This study found that, because of the lack of appropriate and robust governmental laws, regulations, and manpower, IUU fishing in BD has led to the extinction of important fish species, biodiversity loss, and increased poverty among fishers. Potential solutions include raising the standard of living for underprivileged fishermen, improving the management and oversight of artisanal and industrial fishing, motivating and training stakeholders, and coordinating across all stakeholder levels. This study serves as a crucial guideline for sustainably managing fisheries and developing legislation, rules, and regulations to prevent IUU fishing in BD.

Act as an element of illegal aquatic extraction industry: a question of conceptual apparatus in current and potential criminal law

Purpose. The purpose of the article is to compare the elements of a criminally illegal act, currently designated as illegal fishing, game or other aquatic extraction, under the current Criminal Code of Ukraine and the draft of the new Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and elaboration of provisions of the current and projected (potential) criminal law of Ukraine and other countries, scientific sources, materials of law enforcement practice, as well as the formulation of author’s conclusions and recommendations. During the research, the following methods of scientific knowledge were used: comparative-legal, logical-semantic, formal-logical, systemic-structural, modeling. Results. According to the results of the conducted research: 1) it is proposed to abandon both the word construction “occupation with... water extractive industry” used in the current Criminal Code of Ukraine, and the phrase “possession of a natural resource in its natural state” used by the developers of the project of the new Criminal Code of Ukraine; 2) it has been proven that preference should be given to generalizing names of relevant articles of the draft Criminal Code of Ukraine (such as illegal extraction of natural resources from their natural state or illegal extraction of natural resources), which should be combined with the mention of specific types of illegal actions in relation to certain natural resources in the dispositions; 3) shortcomings of the articles of the project of the new Criminal Code of Ukraine, dedicated to the destruction or damage of natural resources, violations of hunting or fishing rules, acquisition or sale of known illegally extracted natural resources, have been clarified. Originality. In the process of writing the paper, the shortcomings of the project of the new Criminal Code of Ukraine were identified in terms of describing the elements of criminal offenses against the order of use of natural resources, in particular those of them that can be considered “successors” of illegal fishing, game or other aquatic extractive activities, and ways to eliminate these shortcomings were proposed. Practical significance. The results of the research can be used in law-making activities when improving the project of the new Criminal Code of Ukraine.

A Quest for Meaning: Interpretation of Article 73(3) of the Law of the Sea Convention by Indonesian Supreme Court

Abstract In the spirit of conserving the balance between the interests of the coastal State and other States in the exclusive economic zone (eez), Article 73(3) of the United Nations Convention for the Law of the Sea (unclos) establishes that coastal State penalties for violations of fisheries laws and regulations may not include imprisonment or corporal punishment unless otherwise agreed by the States concerned. As one of the countries suffering from illegal fishing, Indonesia has seen a number of domestic cases challenging the practical application of Article 73(3) due to the failure of several offenders to pay monetary penalties for violating fisheries laws and regulations in Indonesia’s eez. Article 73(3) appears to be the only unclos provision that Indonesian courts have directly applied and interpreted into domestic cases. The debate revolves around whether courts can impose default confinement for fisheries offences in the eez. This article examines how Indonesian courts interpret the meaning and scope of the term ‘imprisonment’ within the ambit of Article 73(3) of unclos, particularly in the context of confinement for fine defaults, and whether international courts or tribunals provide any guidance in this interpretation.

Insecure fisheries: How illegal, unreported, and unregulated fishing affects piracy

We examine greed and grievance mechanisms that connect illegal, unreported, and unregulated (IUU) fishing and piracy. We use several cases (e.g. Somalia, Nigeria) to illustrate these mechanisms and empirically examine the relationship between IUU fishing and state-year piracy events from 1990 to 2015. We find that countries experiencing significant levels of IUU fishing face much greater risks for piracy. We also evaluate several mediating conditions of our theory with interaction terms (state capacity, state fragility, and legal fishing incentives) and find that the relationship between IUU fishing and piracy is strongest for moderately developed states with greater state fragility and higher fish catch values.

A Machine Learning Approach to Identifying and Preventing Illegal Fishing

A Machine Learning Approach to Identifying and Preventing Illegal Fishing

Consumption of shark products: The interface of sustainability, trade (mis)labelling, human health and human rights

AbstractSharks and rays evolved 450 million years ago, during the Late Ordovician Period. However, during the modern Anthropocene, shark populations have declined at considerable rates, and recent global assessments indicate about one in three species is threatened with extinction. A notable reason for this elevated extinction risk is overfishing linked to increased demand for shark fins and other products. Here, we review multiple dimensions of consuming shark products, ranging from stock sustainability, product (mis)labelling and trade, the human health implications of consuming shark products, and illegal, unreported and unregulated fishing and slavery and labour abuses in the fishing industry. We conclude that traceability and increased transparency in seafood supply chains is essential to overcome obstacles to consumption of sustainable, ethical and healthy shark products. We also provide a decision tree outlining steps in consumer choice that would foster such consumption. Our aim is to provide a holistic view on issues concerning the consumption of shark products that will help policymakers, the public, management and law enforcement agencies to advocate for ecologically‐ and ethically sustainable consumption of shark products and thereby empower the general public to make informed decisions on which shark products they consume.

Implementation Strategy of Port Clearance at UNTIA Fishing Port Makassar City, Indonesia

The contribution of Indonesia's fisheries sector in 2020 dropped by 0.63 percent compared to 2019, which grew to 6.24%. This shows that Indonesia's fisheries sector is facing problems, one of which is Illegal Unreported Unregulated Fishing (IUUF). The Ministry of Maritime Affairs and Fisheries of the Republic of Indonesia stated that state losses due to IUUF reached 300 trillion rupiah per year. Efforts to prevent IUUF in Indonesia have been made by controlling fishing management through licensing mechanisms, fisheries supervision, and followed up with law enforcement. One of the government instruments to prevent IUUF through licensing mechanism is by issuing Sailing Approval Letter/Port Clearance (PC) for fishing vessels. This study aims to formulate a strategy for the implementation of Sailing Approval Letter licensing for fishing vessels at Untia Fishing Port (UFP), Makassar City. This research is a quantitative research with survey method. Data were obtained from observations, questionnaires to measure fishermen's perceptions and attitudes, and structured interviews. Data analysis was conducted by quantitative analysis to measure the attitude and perception of fishermen; and SWOT analysis to determine strategies to improve the service process of issuing PC at UFP-Makassar City. Based on the results of the regulatory search, the PC licensing service at UFP-Makassar City refers to Law No. 11/2020, Law No. 45/2009, and Law No. 17/2008, Government Regulation No. 27/2021, KP Minister Regulation No.3/2013 and Minister of Transportation Regulation No.82/2014. The level of satisfaction of fishermen with PC services at UFP-Makassar City is 82.32% (performance category "Good"). The elements with the lowest level of satisfaction are Handling customer complaints, Speed of service, and Ability and skills of service officers. The results of the Internal Factor analysis Strategy (IFAS) and external Factor analysis Strategy (EFAS) show that the position of UFP Makassar City in an effort to improve of PC licence services is in quadrant II (stability). The strategies that must be carried out are (a) Increase the capacity of harbourmaster in the field of information system technology; and (b) collaborate and elaborate between UFP Makassar City, Provincial and City Fisheries Offices and Universities through policy studies to encourage fishing vessels to move in UFP-Makassar City in Indonesia.

The Legal Dynamics of Aru Fisherman in Improving Catch Welfare and Competition with Vessels from Outside Maluku

The identification of transnational crimes is crucial not only because of the increasing cases of illegal fishing in Indonesia, which involve legal issues from other countries and call for effective law enforcement. concentrate on the welfare of catches produced by local Aru Islands fishermen. The descriptive analysis method is the research methodology used. By using a normative legal approach, data collection strategies use literature studies and documentary studies while the type of research used is qualitative research with primary and secondary data sources. The findings of this study are throughout 2017 until now the government has made efforts as much as possible on the fate of marine and local fishermen in the people of the Aru Islands district, seeing that all policies regarding the regulation of regional maritime boundaries no longer include the authority of the regional government but the duties and responsibilities of the Provincial Government.

Maritime Insecurity at Lake Victoria, Homa Bay County

This research article examines the significance of maritime security, as one of the most recent axioms of international relations and diplomacy. It focuses on the socioeconomic factors that contribute to maritime insecurity along Lake Victoria's Homa Bay shores. In order to determine the research outcome, a qualitative research approach and an exploratory research design were used in unveiling the problem under consideration. Individuals and organizations/institutions from the Homa Bay’s Lake Region site were the target population. The research article has employed the purposive sampling technique and the saturation principle to obtain a sample size of 36 participants: 12 for in-depth interviews and 4 Focus Group Discussions (FGDs) of 6 members each. The study also used qualitative interviews, focus groups, and observation to collect data. According to the findings, the main Illegal, Unregulated, and Unreported (IUU) fishing issues in Lake Victoria, Homa Bay County are unauthorized fishing, criminal gangs and pirates, encroachment by foreign fishers, employment of minors/children as fishers, use of prohibited gears and fishing methods, and fishing young, endangered, and protected fish species. Furthermore, IUU fishing is endangering fish stocks in Lake Victoria's Homa Bay County. In its results findings, the research article recommends that more patrol officers guard the waters in order to prevent illegal fishers and criminal gangs from roaming freely.

UPAYA PEMERINTAH INDONESIA DALAM MENANGANI ILEGAL FISHING DI PERBATASAN INDONESIA DAN FILIPINA

Illegal fishing still occurs in Indonesian waters, although various efforts have been made to deal with it. This illegal activity is not only a problem for Indonesia, but also a cross-country problem because the actors and activities are cross-country, and because of that, the handling of this problem must be carried out cross-country, especially through bilateral cooperation. This study aims to determine the Indonesian Government's Efforts to Handle Illegal Fishing on the Border of Indonesia and the Philippines. The lack of a defense and security system in Indonesian waters has led to the emergence of threats such as illegal exploitation and exploration of fishery products that are not reported and are not in accordance with predetermined rules carried out by foreign parties. This act of fishing activity is commonly referred to as Illegal. This research uses a descriptive-analytic research method.With data collection techniques through interviews, observation and documentation. The results of the research show that cooperation between Indonesia and the Philippines can run well if the Philippines itself is quick in responding to ideas and agreements that have been mutually agreed upon, the slow response from the Philippines itself makes the second agreement slow to process, therefore the strategy that can be carried out by Indonesia in encouraging a quick response from the Philippines itself is by discussing every collaboration that is ongoing or has expired intensively and continuously. Bilateral talks can accelerate cooperation between the two countries in a better and more advanced direction.
 

ANALYSIS OF JUDGES' DECISIONS ON CRIMINAL SANCTIONS FOR ILLEGAL FISHING RECIDIVISTS

This research aims to analyze the considerations and reasons of judges when determining the same punishment for recidivist offenders engaged in illegal fishing, as well as the factors that contribute to the ineffectiveness of sanctions imposed on illegal fishing perpetrators. Recidivism is regulated in Articles 486, 487, and 488 of the Criminal Code, which stipulate that the penalty for repeat offenses should be increased by 1/3 of the previous sentence. However, in decision number 7/Pid.Sus/2022/PN Snb jo 28/Pid.Sus/2016/PN Snb, the judge imposed the same sentence of 3 years in prison for the defendant, without increasing the sentence as required. The research utilizes normative juridical and empirical juridical methods. The findings indicate that, in determining sanctions, judges consider aggravating and mitigating circumstances for the defendant. Their decisions are not solely based on formal evidence, but also rely on the judge's conviction. The judge's reasoning for imposing the same sanctions in this case was due to the fact that the defendant did not own the object of the crime, demonstrated good behavior during the trial, and was the breadwinner of the family. Factors contributing to the ineffectiveness of the imposed sanctions include lenient penalties, factors related to law enforcement, environmental considerations, and socio-economic factors.

Law Enforcement For Foreign Shipping Performing Illegal Fishing

Illegal fishing on foreign vessels has a very bad impact on all traditional fishermen. And this will make coastal fishermen feel the impact of illegal fishing by foreign vessels. Apart from that, this will also have an impact on consumers who like to consume fish because fishermen are not found to be able to feel the results produced by the country where fishermen were born and grew up. If viewed from a macro perspective, this will make the prices obtained from Indonesian marine products higher. It is clear that currently, the international community is starting to pay attention to Indonesia's fishery area. In law enforcement in the field of fisheries, a criminal justice system is established that includes a more structured process and problem-handling system. However, criminal acts of illegal fishing by foreign fishing vessels still occur, both by Indonesian citizens and by foreign nationals. This type of research is normative research. The approach used is a statutory approach (statute approach) and a conceptual approach (conceptual approach). The source of data used is secondary data. Data analysis was carried out in a qualitative descriptive manner. Concluding is carried out using the deductive method, namely concluding from general to specific, especially those related to the research topic, namely law enforcement against Illegal Fishing. This research resulted in findings Illegal fishing will have a very bad impact on all traditional fishermen. And this will make coastal fishermen feel the impact of illegal fishing by foreign vessels.

ALTERNATIVE SANCTION TO IMPRISONMENT IN LAW ENFORCEMENT AGAINST ILLEGAL FISHING PERPETRATORS IN INDONESIA'S EXCLUSIVE ECONOMIC ZONE

The problem of law enforcement against illegal fishing perpetrators in Indonesia's Exclusive Economic Zone or ZEEI needs to find a solution, especially related to imprisonment which cannot be imposed on the perpetrator. Practically, the imposition of fines also cannot be applied optimally with various existing obstacles. It is of course becomes a problem when the coastal state wants to impose a proper punishment for the perpetrators of illegal fishing in the ZEEI. In other words, when the coastal state wants to punish the perpetrators of illegal fishing, but what happens is a legal vacuum that causes the perpetrators of illegal fishing to go unpunished. The resulted of this, the perpetrators of illegal fishing in Indonesia not feeling threatened and deterred from repeating their actions. Based on this background, the focus of the problem in this study examines the urgency of alternative sanctions to imprisonment for illegal fishing perpetrators in ZEEI and alternative sanctions to imprisonment as a model of criminal sanctions policy against illegal fishing perpetrators in ZEEI. The problem approach in this study uses several approaches such as the statute approach, analytical approach, conceptual approach, comparative approach, and case approach.The results of the study shows that alternative sanctions to imprisonment as a model of criminal sanctions policy against illegal fishing perpetrators in ZEEI can optimize community services orders. The perpetrators of illegal fishing in the ZEEI must be responsible for their actions by taking immediate steps to correct the results of their actions through social work. The idea of community services orders that can be done by illegal fishing perpetrators is to actively work in marine and fishery conservation programs, such as coral reef conservation, mangrove planting, sweeping garbage in the sea or beach, and so on. This is due to the impact of illegal fishing itself which damages the environment and fishery ecosystem.

Environmental Crimes: Their Nature, Scope, and Problems in Identification

Environmental crimes are illegal acts that directly harm the environment. They can cause considerable damage to ecosystems, increasing the risk of disease, environmental disaster, food chain contamination, pollution, wildlife degradation, reduced life expectancy, and increased rates of human morbidity. Environmental crime is the fourth largest criminal enterprise in the world. (INTERPOL-UN) These crimes include illegal logging, wildlife trafficking, hazardous waste dumping, illegal fishing, and the trade of endangered species, among others. Despite their wide-ranging implications, identifying and prosecuting these offenses remain challenging. This paper explores the nature and scope of environmental crimes, the difficulties in their identification, and the need for improved detection and enforcement mechanisms to tackle these illegal activities effectively. By examining the current state of environmental crime, the paper seeks to provide a comprehensive understanding of the issue, contributing to the development of more effective policies and strategies to combat this growing global problem. The European Space Agency is offering technical support and funding to companies developing innovative and commercial services that use space technology to combat environmental crimes. The paper also discusses the role of organized criminal networks and the relationship between environmental crimes and other types of criminal activities such as money laundering, corruption, and human trafficking. From the other side, it examines the challenges posed by the complexity of environmental crimes, the need for specialized knowledge and expertise, and the role of corruption and other factors that hinder effective identification and enforcement.
 
 Received: 05 May 2022 / Accepted: 16 May 2023 / Published: 20 May 2023

Emerging monitoring technologies to reduce illegal fishing activities at sea and prevent entry of fraudulent fish into markets

National and global priorities are increasingly focused on the concurrent marine fisheries challenges of food security, illegal fishing, and declining fisheries resources. Molecular genetics and electronic monitoring technologies can advance solutions to these challenges, particularly in fisheries surveillance and seafood traceability, and a growing number of studies continues to validate the utility of these tools. What is needed next is guidance to support their wider, more conventional adoption and implementation, either complementary to or in the absence of government policies. Here, we synthesize discussion held during the Borchard Foundation Colloquium held in July 2022 in Missillac, France on modernizing global fisheries with emerging technologies. Our aim is to provide perspectives to scientists, resource managers, and policy makers of emerging monitoring technologies, summarize the utility of these technologies in fisheries, and conclude with how the objective to modernize global marine fisheries is a prime opportunity to engage fresh talent in a new era of fisheries innovation.

Tourists, selfies and coastal monitoring during COVID-19

ABSTRACT Citizen science in coastal ecosystems often involve (eco-)tourists that actively monitor reefs, species and pollution. Data collected by tourists, passively, was used to gain insight into landings of the largest fish, the whale shark (Rhincodon typus), in Pangandaran Bay, Indonesia. Monitoring of illegal fishing was halted due to COVID-19 travel restrictions and lockdowns. With two million, mainly Indonesian, tourists visiting Pangandaran Bay in 2020 (30% less than in 2019) enough tourists were present to record landings of whale sharks. Monitoring social media revealed reports of 10 whale shark landings between August 2020 and August 2022. Seven were in July–August of immatures 6–7 m in length. The information passively provided by tourists since COVID-19 have given insights into the biology of whale sharks, landing risks and how communities interact with sharks. Feeding back this information to tourists is challenging, yet vital, to cement a sense of belonging, purpose and attachment to their holiday location.

Photogrammetry as a promising tool to unveil marine caves’ benthic assemblages

Traditionally, monitoring approaches to survey marine caves have been constrained by equipment limitations and strict safety protocols. Nowadays, the rise of new approaches opens new possibilities to describe these peculiar ecosystems. The current study aimed to explore the potential of Structure from Motion (SfM) photogrammetry to assess the abundance and spatial distribution of the sessile benthic assemblages inside a semi-submerged marine cave. Additionally, since impacts of recent date mussel Lithophaga lithophaga illegal fishing were recorded, a special emphasis was paid to its distribution and densities. The results of SfM were compared with a more “traditional approach”, by simulating photo-quadrats deployments over the produced orthomosaics. A total of 22 sessile taxa were identified, with Porifera representing the dominant taxa within the cave, and L. lithophaga presenting a density of 88.3 holes/m2. SfM and photo-quadrats obtained comparable results regarding species richness, percentage cover of identified taxa and most of the seascape metrics, while, in terms of taxa density estimations, photo-quadrats highly overestimated their values. SfM resulted in a suitable non-invasive technique to record marine cave assemblages. Seascape indexes proved to be a comprehensive way to describe the spatial pattern of distribution of benthic organisms, establishing a useful baseline to assess future community shifts.

Metabarcoding Used for the First Time to Identify Prey of Wild Totoaba macdonaldi.

Totoaba macdonaldi is an endangered endemic fish of the Gulf of California. Overexploitation resulted in the Mexican government banning the fishing of this species in 1975, and it being listed as endangered. However, the species is still subject to illegal fishing. Despite its conservation status, little is known about totoaba biology. The present study aimed to implement, for the first time, a metabarcoding protocol to describe the totoaba diet. Four wild totoaba individuals, seized by Mexican law enforcement agents, were dissected, and their stomach contents were collected. Three representative amplicon libraries were generated for cephalopods, chordates, and eukaryotes. After sequencing, 18 different taxa were identified, of which 11 species were recognized as prey. The totoaba were found to have consumed Pacific anchovy (Cetengraulis mysticetus), flathead grey mullet (Mugil cephalus), bigeye croaker (Micropogonias megalops), northern anchovy (Engraulis mordax), ocean whitefish (Caulolatilus princeps), milkfish (Chanos chanos), and Pacific sardine (Sardinops sagax). Members of the Euphausiidae family (krill) were also identified. This study identified up to four times more species in much fewer samples than previous studies based on morphological recognition, thus confirming metabarcoding as an effective method for studying the feeding habits of this species and one providing the tools required for further analysis of the totoaba diet.

What would Article 5.1 of the 2022 WTO Ministerial Agreement on Fisheries Subsidies accomplish?

The WTO Agreement on Fisheries Subsidies adopted in June 2022 is potentially a step forward for ocean sustainability. Yet, its success in removing fisheries subsidies contributing to illegal, unreported, and unregulated (IUU) fishing, and overfishing more generally, will depend on its scope, its effective interpretation, and broad implementation. Here we focus on Article 5.1, which, in its narrowest interpretation prohibits fishing subsidies in areas not covered by Exclusive Economic Zones (EEZs) and Regional Fishery Management Organizations (RFMOs) but in its broadest interpretation prohibits subsidies for any unregulated fisheries in the high seas. This study finds that only ∼1.35% of the high seas are not spatially covered by at least one RFMO, and most of that area are frozen parts of the high seas with little to no fishing. This means that if Article 5.1 is interpreted to mean the area of the high seas not managed under RFMOs, then the effect of Article 5.1 will be minimal or non-existent even if the article is fully implemented. Many RFMOs, however, are only mandated to regulate a few species, such as tunas. Much of the potential impact of Article 5.1 thus could rest on the definition of the ‘competence of a relevant RFMO,’ which we argue should be defined based on both area and species of competence. To make the Article meaningful in terms of removing harmful subsidies that impact the sustainability of high seas fish stocks, additional clarifying provisions to Article 5.1 to reaffirm that it applies to both unregulated areas and species outside of the competence of relevant RFMOs are needed.

STRATEGI PENGEMBANGAN EKOWISATA BAHARI DI KABUPATEN SUMBAWA (Studi Pada Obyek Wisata Pantai Prajak Kabupaten Sumbawa)

This study aims to analyze the strategy for developing marine ecotourism in Sumbawa Regency. This research is a descriptive research conducted to examine the strategy for developing marine ecotourism at the Prajak Beach tourism object, Sumbawa Regency. The type of data used is qualitative data in the form of interviews with research informants obtained directly from the original source. Data analysis in this study used the SWOT analysis technique to formulate various alternative strategies in developing marine ecotourism at the Prajak Beach tourist attraction, Sumbawa Regency. This analysis is based on logic that can maximize strengths and opportunities, but simultaneously minimize weaknesses and threats. The results of this study indicate that the SWOT analysis in developing marine ecotourism at the Prajak Beach tourism object in Sumbawa Regency produces four alternative strategies, namely SO strategy, WO strategy, ST strategy and WT strategy. The resulting alternative development strategy is to maintain and develop the potential of marine ecosystems found in marine ecotourism at Prajak Beach through water or sea conservation education, adding facilities and infrastructure to support tourism, participating in various training programs to improve the quality of managing human resources, optimizing utilization of various information media to introduce tourism objects to the public, increase public awareness in protecting marine ecosystems to prevent illegal fishing or other actions that can damage marine ecosystems.