Illegal, Unreported And Unregulated Fishing Research Articles

Integration of spatial justice into navigating the combat on illegal, unreported and unregulated fishing in ocean and coastal areas

As a geographical dimension of justice, spatial justice is characterized by the interplay of social justice and heterogeneous spaces, including the ocean. Despite the generous contribution of ocean to humankind, concerns over aquatic spatial justice are disproportionately lacking. Among the core disruptors of ocean justice, illegal, unreported and unregulated (IUU) fishing imposes a major threat to global fisheries governance. The synthesis of spatial analysis and justice perspective can generate new insights to help understand and potentially address IUU fishing. To examine the spatial (in)justices concerning IUU fishing, we first propose a novel tripartite framework that envisions space as a form of opportunity, society and rights to externalize its socio-environmental implications. Then we integrate productive, distributive and consumptive justices to examine the spatial variations of IUU stakeholders along the fish value chain, and use stakeholder analysis to investigate spatial powers and conflicts regarding both a micro scale of fish communities, and a macro scale of states (coastal state, flag state, port state and market state) and supernational players (regional fisheries management organizations and marine protected areas). It is discovered that certain regions provide greater spatial benefits that stimulate IUU behaviors; IUU misconducts cause spatial differentiation and spatial deprivation that disrupt social orders in fish communities; space can empower stakeholders’ inclusive and proper engagement into the place-based management process against IUU fishing. Since the spatialized vision has been increasingly highlighted in marine fisheries management, it is suggested to intervene in the world ocean by leveraging spatial knowledge, managing spatial conflicts and facilitating spatial action, in order to promote spatial justice and better combat IUU fishing globally.

Reconsidering the longline ban in the Galapagos Marine Reserve

In 2000, longline fishing was banned inside the Galapagos Marine Reserve to prevent illegal fishing of sharks and bycatch of endangered, threatened, and protected (ETP) species. Despite local management institutions possess one of the most sophisticated control and surveillance systems in the Eastern Tropical Central Pacific, statistical and anecdotic evidence suggest the longline ban has been ineffective in eradicating illegal, unreported and unregulated (IUU) fishing for the last two decades. This short communication examines the legal, institutional, and socio-economic factors that have prevented the effective implementation of the longline ban and proposes an ecosystem approach to fisheries to maintain bycatch mortality rates below biologically based limits, facilitating the recovery of ETP species while safeguarding a sustainable development of the Galapagos small-scale tuna fishery. Significant investments in science, technology, and innovation are necessary to encourage gradual and adaptive improvements in fishing practices to reduce IUU fishing and bycatch.

Combating Illegal, Unreported, and Unregulated Fishing: A Vietnamese Perspective

Abstract This article discusses Vietnam’s efforts to combat illegal, unreported and unregulated (IUU) fishing and future possibilities, including an analysis of the various drivers and causes of IUU fishing in the country. While Vietnam’s efforts and determination in the fight against IUU fishing have been promoted since 2017 when the European Commission imposed a ‘yellow card’ on Vietnam’s fishing industry, the outcome has not been as expected. Among the measures proposed to improve the effectiveness of combating IUU fishing in Vietnam, the focus has been on strengthening the national legal framework. These measures include (i) drafting a law on fishing at sea; (ii) developing a code of responsible fisheries; (iii) amending the penal code to criminalise acts of IUU fishing; and (iv) increasing sanctions for IUU fishing violations. In addition, strengthening law enforcement is discussed as a necessary tool to effectively address IUU fishing in Vietnam.

Addressing Illegal, Unreported and Unregulated Fishing of Vietnamese Fishing Vessels in Foreign Waters

Vietnamese illegal fishing in foreign waters is a prominent issue that has led to a yellow card warning from the European Commission (EC) on 23 October 2017. Although Vietnam has made considerable efforts to halt illegal, unreported and unregulated (IUU) fishing and clear this yellow card, the results were insufficient to remove the yellow card as of the beginning of 2022. The present study analyses why addressing this issue has been so challenging. Specifically, the following questions are addressed: i) how do local fisheries authorities implement central regulation policies against IUU fishing and ii) what are the bottlenecks in legal enforcement for both fisheries agencies and fishers? The secondary data analysis and the findings from interviews with government officials and fishers are presented. The authorities have implemented various approaches to prevent illegal fishing in foreign waters. These include an improved policy framework, law enforcement, fishing vessel management and supervision with vessel monitoring system (VMS), and increased responsibilities attached to the local fisheries authorities. Despite the several measures taken, illegal fishing in foreign waters continues. There are several reasons for the failure to control illegal fishing, including exhausted local marine resources, too many fishing boats operating in the same areas, unclear responsibilities of stakeholders, and lack of coordination among implementing authorities. Several recommendations are suggested for addressing the problem of IUU fishing of Vietnamese vessels in foreign waters to meet the criteria set by the EC to remove the yellow card and ensure that the results are long-lasting and substantive.

Enforcement approaches against illegal fishing in national fisheries legislation

Illegal, unreported and unregulated (IUU) fishing activities are amongst the most serious and persisting global concerns that negatively impact the environment, economy, and livelihoods. The concept of IUU fishing is elaborated under Para 3 of the 2001 International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (IPOA-IUU) of the Food and Agriculture Organization of the United Nations (FAO). In this article, the authors narrow the focus of the discussion herein on ‘illegal fishing’ activities, which generally fall under Para 3.1 of the IPOA-IUU, particularly examining the enforcement approaches against illegal fishing activities in national fisheries legislation. We explore a few overarching questions underpinning the scholarly debate on illegal fishing and crimes in the fisheries sector. First, whether criminalising illegal fishing or subjecting such fishing to criminal law processes lead to better compliance with fisheries legislation or is a more effective approach to tackling illegal fishing. Second, whether the problem of illegal fishing persists due to the lack of its criminalization or the resistance by States to criminalizing illegal fishing activities. Our assessment analyses the primary fisheries legislation of States and the European Union (EU) to better understand the enforcement approaches adopted therein, the responses used to empower national authorities, establish processes, delineate liability, and fix the sanction scheme, including the level of sanctions in terms of severity for illegal fishing. We ultimately aim to demonstrate that the options used to combat illegal fishing set out in national fisheries legislation are not limited to a single type of enforcement approach. Indeed, our assessment of national fisheries legislation shows that most States seem to follow a dual enforcement approach, which includes provisions enabling the use of both administrative and criminal processes and sanctions to enforce against illegal fishing and fishing related activities. We support a multipronged approach to address illegal fishing, which may include legal solutions such as criminalizing serious fisheries violations.

Is maritime security gender-blind?

Contemporary maritime security challenges such as maritime piracy, Illegal, Unreported and Unregulated (IUU) fishing and fisheries crimes, significantly affect communities and individuals. Utilising a gender lens and a more holistic approach that highlights the land-sea nexus in contemporary maritime insecurities, this article transcends existing stereotypes and prevailing assumptions surrounding the masculine character of the maritime domain, to examine how both women and men are affected in this context. The article conducts a gender analysis and mapping of women’s and men’s roles as (maritime) security providers, as well as victims and crime perpetrators through two developed case studies, namely of maritime piracy in Somalia and IUU fishing and fisheries crimes in Indonesia. Key findings of the analysis indicate that a clear relationship and established links exist between gender and maritime security studies. Both women and men have a role to play as security providers, victims and crime perpetrators in the context of contemporary maritime security challenges, but geographical spaces and maritime zone delimitations largely define the ways in which they are currently affected. It finally identifies the need to better integrate the land-sea nexus in contemporary maritime security to improve our understanding of existing challenges and inform / change prevailing cultures and stereotypes surrounding the role of gender within this context.

A Jurisdictional Assessment of International Fisheries Subsidies Disciplines to Combat Illegal, Unreported and Unregulated Fishing

Fisheries subsidies regulation lies at the intersection of international fisheries and international trade governance regimes. Although eradicating harmful fisheries subsidies cannot be a panacea for illegal, unreported and unregulated (IUU) fishing, it is an essential first step to confront the problem head-on. The multilateral Agreement on Fisheries Subsidies, adopted by the World Trade Organization (WTO) in June 2022, provides an impetus for sovereign states to steer fisheries subsidies reform towards commonly agreed legality, sustainability and transparency benchmarks. This legal and policy investigation aims to give increased attention to the ultimate responsibility of national governments to exercise active fisheries jurisdiction over the identification and sanction of IUU fishing activities. With or without WTO prior judgements, a level of jurisdictional coherence is warranted to trigger a comprehensive and effective ban on IUU fisheries subsidies in as timely a manner as possible.

Insights on Illegal, Unreported and Unregulated (IUU) Fishing Activities by Egyptian Vessels in Neighbouring Countries

Illegal, unreported and unregulated (IUU) fishing is recognised as one of the largest threats to the sustainability of the world’s fisheries. The fight against IUU fishing activities has recently become a high priority in the international fisheries management agenda. While a number of academic contributions have sought to improve the understanding of the problem, data are still limited, especially in developing countries. In the absence of any information in this regard in Egypt, this contribution is the first attempt to report the available information about cases of Egyptian fishing vessels detained for fishing illegally in neighbouring countries, including the Mediterranean and Red Seas. The highest number of cases was observed in 2015 (7 cases) followed by 2010, 2013, 2016 and 2020 (each with 5 cases). The highest number of detained vessels by far was observed in 2020 (44 vessels) followed by 2015 (19 vessels). Tunisia was the country with the highest number of cases (17 cases) followed by Libya (10 cases), while Somalia detained the highest number of vessels (42 vessels) followed by Libya (22 vessels). The results shed light on the problems that led to this situation, starting with depleted fisheries, a poor monitoring system and a difficult economic situation in the fishing sector.

Illegal, Unreported and Unregulated (IUU) Fishing in Indonesia: Problems and Solutions

Illegal, unreported, and unregulated (IUU) fishing is one of seven major threats to global maritime security listed by the United Nations. IUU fishing can be caused by economic factors, social factors, institutional factors, and organized IUU fishing operations. This review article discusses the topic of IUU fishing in Indonesia, as well as remedies to the problem that have been previously investigated and potentially can be applied in Indonesia. IUU fishing can result in economic losses, environmental degradation, and economic loss for coastal communities, as well as a reduction in fish stocks. Indonesia has vast marine resources, and making better use of them can boost the country’s economic progress. IUU fishing is still happening in Indonesia and it caused an economic loss. According to reports, IUU fishing caused Indonesia to lose up to IDR 101 trillion annually. Therefore, appropriate strategies are needed. For this reason, the government has given IUU fishing a high priority for resolution. As it is critical to resolving the IUU fishing issue. It can be inferred that, in terms of combating IUU fishing, there are three critical aspects to consider. They are law and regulation, social and government cooperation, and technology investment, especially in monitoring, control, and surveillance.

EU–Third Country Dialogue on IUU Fishing: The Transformation of Thailand's Fisheries Laws

AbstractThis article addresses the impacts of the carding system (green, yellow, red) of the European Union (EU) Regulation on illegal, unreported and unregulated (IUU) fishing on the fisheries laws of third countries. Specifically, it analyzes Thailand's national legal reforms, which followed interactions between the EU and Thailand during the yellow card period. Building on past research on the EU's use of market power to exert regulatory influence on third countries, the article explores other factors that might encourage third countries to engage in national regulatory reforms: the EU's powers of expertise, monitoring, and agenda-setting. Finally, the article also considers the legitimacy of the EU's regulatory power over third countries.

Spain: A pioneering country in the fight against the infringement of the international legal regime for fisheries

This paper analyses the measures adopted by Spain under national, European and international regulations, in the fight against illegal, unreported and unregulated (IUU) fishing. The paper explains how Spain, as a leading European and international fishing power, has been a pioneer in the adoption of said measures. The strategy put into action by Spain against this illicit activity is based on the effective exercise of its jurisdiction as a state, and the application of a broad, rigorous, and powerful sanctioning regime. In this regard, the article shows how the administrative sanctioning process has proved to be highly effective against IUU fishing offences and has demonstrated its deterrent power in the fight against illegal fishing. The article concludes that the reinforcement of coordination and collaboration mechanisms between states, is the best way forward to ensure the coherence and effectiveness of the regional, national and international legal framework, and to avoid loopholes in their implementation to prevent IUU fishing activities. To this end, the Regional Fisheries Management Organizations (RFMOs) play an extremely important role. The European Union, as a member of these organisations, should contribute through its initiatives, to the adoption of more decisive solutions against predatory fishing practices.

The application of administrative sanctions in the fight against IUU fishing: An assessment of Spanish practice

In the last decade, Spain has been notable for large administrative sanctions imposed on its nationals and operators implicated in illegal, unreported and unregulated (IUU) fishing activities. This paper examines, first, the practice of the Spanish authorities under the administrative sanction regime for IUU fishing activities conducted by Spanish nationals and operators. Second, an assessment of the legal framework under which the Spanish authorities have been established such administrative sanctions will be examined.

To criminalise or not to criminalise IUU fishing: The EU's choice

The fight against the global phenomenon of illegal, unreported and unregulated (IUU) fishing is carried out through a wide variety of international, regional and national instruments, although its effectiveness is not sufficient in view of the results obtained. The search for the most effective solution is currently under way. Among the possible models to adopt, some countries, such as Norway and Indonesia, have advocated for the criminalisation of IUU fishing. The EU has also opted for a management-based model to combat IUU fishing that relies on administrative sanctions, also leaving its Member States the option of adopting criminal sanctions. Subsequently, in the proposed recast Directive on environmental crime, the EU has not recognised IUU fishing as an either an environmental or autonomous crime, unless it converges with transnational organised crime and other associated crimes in the fisheries sector. The EU has promoted its model in non-member countries, and has contributed towards paving the way to a level playing field which comprises the most authoritative set of international legal instruments on IUU fishing, both soft and hard, established by the UN and FAO. Nevertheless, discussions are ongoing on the need to reform EU legal instruments to better contribute to the sustainable use of marine resources in the 21st century in line with the UN Sustainable Development Goals as foreseen in the EU Green Deal.

Piracy as a result of IUU fishing: Challenging the causal link

ABSTRACT With declining global fish stocks, there is a growing literature on the negative impact of illegal, unreported and unregulated (IUU) fishing. While undoubtedly damaging, there is increasing analysis on the wider impact of IUU fishing, without sufficient evidence to support causal claims. This is particularly evident in the links between IUU fishing and piracy. IUU fishing was blamed for the surge of piracy in the Gulf of Aden in in the late 1990s/ early 2000s and is more recently presented as a driver for piracy in the Gulf of Guinea. In reviewing available evidence, this article finds that while there is a correlation between IUU fishing and piracy in the Gulf of Guinea, in that they both occur in the same areas, current evidence does not support a causal link between the two.

Construing Indonesia’s maritime diplomatic strategies against Vietnam’s illegal, unreported, and unregulated fishing in the North Natuna Sea

The bilateral relations between Indonesia and Vietnam have long been problematic due to the unresolved maritime borders surrounding the North Natuna Sea. Despite having a long history of cooperation in multilateral forums such as ASEAN (Association of Southeast Asian Nations), the increasing occurrence of IUUF (illegal, unreported, and unregulated fishing) in the North Natuna Sea continues to raise concerns in Jakarta about vessels of different countries, including Vietnamese-flagged vessels. Taking an example, this study evaluates the maritime diplomatic strategies of the President Joko Widodo (Jokowi) administration against the encroachment of Vietnam fishing boats which entered Indonesian waters in the North Natuna Sea between 2020-2021 with reference to the response of 1) Indonesia’s navy; (2) the Indonesian Maritime Security Agency, and (3) Indonesian Police or Ministry of Marine Affairs and Fisheries. Although there have been hundreds of incidents, five analytical cases were evaluated in this paper based upon their maritime diplomatic properties to understand Indonesia’s contemporary strategy toward such encroachments. Using Le Mière’s five framework points, the study argues that Indonesia’s maritime diplomatic strategies against Vietnam’s IUUF exhibited 1) a kinetic effect; 2) consistency; 3) message explicitness; 4) reactive diplomacy; and 5) lack of power balance among stakeholders.

Facing The Dangers in Indonesia�s Waters: Government�s Efforts in Proposing Illegal, Unreported and Unregulated Fishing as Transnational Organized Crime

This study aims to understand and analyze the efforts made by the Government of Indonesia in proposing of Illegal, Unreported, And Unregulated Fishing( IUUF) as a Trans-National Organized Crime (TOC). The perspective used in this article is a realist perspective with a descriptive analysis method. The results of this study found that the Indonesian government's efforts to propose IUUF as a Trans-National Organized Crime (TOC), namely by suggesting and proposing IUUF as international law, as well as being the basis for punishing and prosecuting IUUF perpetrators, President Widodo has also shown his seriousness in eradicating IUFF, namely promoting IUUF to become a TOC has also been recognized internationally. Other government efforts have been to find agreement on the steps taken by Indonesia in controlling and protecting all-natural resources as maritime security in the IUUF case as one of the challenges of the nation, the Indonesian government ensures its citizens to manage natural resources to face internal and external threats external. Keywords: illegal, unreported, and unregulated fishing, Maritime Security, trans-national organized crime

Concerns about illegal, unreported and unregulated fishing, carbon footprint, and the impact of fuel subsidy - An economic analysis of the Black Sea anchovy fishery

Among the unresolved problems of fisheries, illegal, unreported and unregulated (IUU) fishing, high carbon footprint, overfishing, and overcapitalization of the fleet are at the forefront. Supporting fishers through fuel subsidy is commonly practiced but eventually led to overcapitalization of the sector. Moreover, the reported catch weights were insufficient to meet fleet operational costs and investments, and therefore there must be some degree of IUU fishing in Black Sea. Therefore, the study examined the economic performance of the purse seiners engaged in anchovy fishery in the Black Sea coast of Turkey and Georgia. The results revealed that economic performance and revenue in the Black Sea anchovy fishery segments evaluated were sufficient to cover expenses and be profitable, even in years when the catch was insufficient. Economic analysis also showed that fuel constitutes a significant part of operational cost in all fleet segments and, in return, 0.17–0.59 tons of CO2 was produced to catch one ton of fish. Under these circumstances, the segment displaying the best fuel utilization efficiency would not survive if the remedy suggested by the UN's sustainable development goal-14, which advocates eliminating fuel subsidy to curb IUU and overfishing, were enforced. In light of the study findings, a series of remedies are suggested to discourage a trend towards IUU fishing, control the fleet's carbon footprint, and ensure sustainability. Among the proposed remedies, the removal of least effective medium-sized boats from the fleet, enforcing more efficient harvest control measures, and limiting the catch used for anchovy reduction fishery were emphasized.

Revealing global risks of labor abuse and illegal, unreported, and unregulated fishing

Labor abuse on fishing vessels and illegal, unreported and unregulated (IUU) fishing violate human rights, jeopardize food security, and deprive governments of revenues. We applied a multi-method approach, combining new empirical data with satellite information on fishing activities and vessel characteristics to map risks of labor abuse and IUU fishing, understand their relationships, and identify major drivers. Port risks were globally pervasive and often coupled, with 57% of assessed ports associated with labor abuse or IUU fishing. For trips ending in assessed ports, 82% were linked to labor abuse or IUU fishing risks. At-sea risk areas were primarily driven by fishing vessel flags linked to poor control of corruption by the flag state, high ownership by countries other than the flag state, and Chinese-flagged vessels. Transshipment risk areas were related to the gear type of fishing vessels engaged in potential transshipment and carrier vessel flags. Measures at port offer promise for mitigating risks, through the Port State Measures Agreement for IUU fishing, and ensuring sufficient vessel time at port to detect and respond to labor abuse. Our results highlight the need for coordinated action across actors to avoid risk displacement and make progress towards eliminating these socially, environmentally and economically unsustainable practices.

Illegal, unregulated and unreported fishing impacts: A systematic review of evidence and proposed future agenda

Illegal, Unreported and Unregulated (IUU) fishing is a global phenomenon occurring across all fishery types, sectors and geographies. In order to successfully address IUU fishing, fisheries policies, regulations, and management strategies, as well as subsequent monitoring, control and surveillance activities, must be supported by an appropriate evidence base at relevant spatial-temporal scales. Here we present a systematic review of IUU fishing and its impacts at global, and case study regional (Europe and the North East Atlantic) and national (UK) levels in order to determine the extent to which IUU fishing is understood and to identify priority information gaps which undermine current management efforts. The economic and environmental impacts of IUU fishing are well established, as are a wide range of implicit but more difficult to quantify social impacts. However, the amount of public money being spent on combatting IUU fishing is likely at least an order of magnitude lower than the cost of the activities themselves. Data at regional and particularly national levels are often at too low a resolution to provide sufficient evidence capable of supporting effective policy and regulatory actions to address IUU fishing. A contemporary and more granular understanding of IUU fishing is therefore required. We propose a four-step research agenda to improve the understanding of IUU at relevant national spatial-temporal scales and from which to make effective, evidence-based actions: (1) defining intent and goal-setting, (2) risk assessment and prioritisation, (3) estimation of volume, costs and impacts, and (4) economic appraisal of policy and regulatory reform.

Towards a Blue Revolution in the Bay of Bengal: Tackling Illegal, Unreported and Unregulated Fishing Through Effective Regional Cooperation

Abstract This article argues that the Bay of Bengal coastal States have largely failed to comply with their ‘duty to cooperate’ with other States in managing and conserving fisheries resources in the Bay. The obligation to cooperate is found in applicable international and national instruments and is also regarded as a rule of customary international law. This failure of rim States to effectively engage with other States within the region in regulating marine fisheries has exacerbated the problem of illegal, unreported and unregulated (IUU) fishing in the Bay. This article recommends a major overhaul of the regional ocean governance arrangement in the region, which would help tackle IUU fishing and, in turn, facilitate the achievement of blue growth through ensuring sustainable exploitation and conservation of marine living resources in the Bay. The article finally moots for developing a regional agenda towards forming a dedicated scheme to deal with IUU fishing.