Illegal, Unreported And Unregulated Fishing Research Articles

Latent Securitisation of Illegal, Unreported and Unregulated (IUU) Fishing in Indonesia

This paper aims to explore and explain to what extent and in what ways the Indonesian Government has securitised the Illegal, Unreported and Unregulated (IUU) fishing in Indonesia since 2009, by utilising critical discourse analysis. Using the Securitisation theory from the Copenhagen School, this paper explains the analysis of the speech act and extraordinary measures from SBY’s administration, Jokowi’s first term and second term administration. While IUU fishing has been a severe global issue, 30 percent of the cases take place in Indonesia and it becomes a serious threat for the economy and maritime resources. In 2009, Indonesia amended the fisheries law by establishing the new article about the right to burn and sink illegal foreign vessels. However, the securitisation remained ‘latent’ as it lacks the extraordinary measures and supporting speech act from the government. In 2014, during Jokowi’s first term, Indonesia had done extraordinary measures by regularly sinking the illegal foreign vessels. During Jokowi’s second term, the measures were gone, although the law still exists. Thus, it became ‘latent’ again in 2019 up until present. This paper claims that the Indonesian Government successfully securitised the issue in 2014 after the latent securitisation that happened in 2009. However, it remained ‘latent’ again in 2019 up until now.

Artisanal Fisher Knowledge and Attitudes Concerning Compressor Fishing in a North-Eastern Brazilian Marine Protected Area

IUU (illegal, unreported, and unregulated) fishing causes severe detrimental social, economic, and environmental impacts worldwide. Although this practice is prohibited in Marine Protected Areas (MPA), practices such as fishing with compressor devices have been reported at the Marine Extractive Reserve of Corumbau (MERC), Brazil. In this case study we use data on MERC fisher knowledge and attitudes concerning compressor fishing gathered through semi-structured interviews to discuss MPA strengths and weaknesses in preventing IUU fishing. Interviewees strongly oppose IUU fishing, complaining it is one of the main reasons for declines in local fishing yield. Respondents indicate that non-local compressor vessels were frequently observed prior to the establishment of MERC, and while such sightings are now less frequent, these vessels continue to appear. At the same time, respondents also indicate that marine environmental enforcement actions are rare. We discuss the roles, potentials, and limitations of MPAs in preventing illegal fishing and protecting fishers from competition with industrial fishing. We recommend the IUU be vigorously combated in Brazilian MPAs.

Trends in South Pacific fisheries management

While categorized as Small Island Developing States, South Pacific Island nations are the custodians of major ocean areas containing marine resources of high commercial and environmental significance. Yet, these resources are threatened by climate change, overfishing, Illegal, Unreported and Unregulated (IUU) fishing, as well as habitat destruction. The study, carried out in the early stage of the interdisciplinary research project SOCPacific (https://socpacific.net), aims to: a) identify the main policies on which fisheries management is currently based in the South Pacific, particularly in Fiji, New Caledonia and Vanuatu; b) investigate the evolution over time of key issues covered in these policies and related to coastal and/or offshore fisheries sectors; c) trace disconnections on the matter between legally binding instruments and non-binding strategies. A list of more than 200 documents relevant to regional fisheries management was gathered and separated into legally binding instruments and non-binding strategies. Legal instruments focused more on offshore issues (tuna fisheries and IUU fishing) and increasingly covered IUU fishing issues, confirming that tuna fisheries have an established hard policy arena. In strategies pertaining to coastal fisheries, community involvement appears as a key topic and a clear overall trend towards increasingly addressing climate change was spotlighted. Sustainability, community involvement, climate change, and food security issues are more covered in strategies than in legal instruments. Topics mostly addressed in relation to coastal areas are not substantially covered in legal instruments, suggesting that establishing binding measures might not be deemed as beneficial as strategies in coastal fields.

An economic and legal analysis of trade measures against illegal, unreported and unregulated fishing

Illegal, unreported and unregulated (IUU) fishing threatens the ability of the aquatic systems to continue providing vital ecosystem services and essential food resources. Most of the existing economic analysis on IUU fishing is conducted from the perspective of IUU fishing vessels rather than that of States. This paper seeks to fill this gap and concludes that trade measures against IUU fishing are cost-effective for the international community, as the IUU fishing has reached such a substantial scale that the total harm or loss caused is estimated to be greater than the total abatement costs required. Meanwhile, from a legal point of view, trade measures against IUU fishing might have more tensions with international trade law than with the international law of the sea. This paper draws on relevant GATT and WTO jurisprudence for guidance to eliminate such tensions. Two other comprehensive solutions to ensure legal compliance of trade measures against IUU fishing include taking such measures on a cooperative basis and making use of the standard-setting process through competent international organizations or conferences such as the FAO.

Collateral damage? Small‐scale fisheries in the global fight against IUU fishing

AbstractConcern over illegal, unreported and unregulated (IUU) fishing has led to a number of policy, trade and surveillance measures. While much attention has been given to the impact of IUU regulation on industrial fleets, recognition of the distinct impacts on small‐scale fisheries is conspicuously lacking from the policy and research debate. In this paper, we outline three ways in which the application of IUU discourse and regulation undermines small‐scale fisheries. First, the mainstream construction of “illegal,” “unreported” and “unregulated” fishing, and also the categorical use of “IUU” in an all‐inclusive sense, disregards the diversity, legitimacy and sustainability of small‐scale fisheries practices and their governing systems. Second, we explore how the recent trade‐related measures to counter IUU fishing mask and reinforce existing inequalities between different sectors and countries, creating an unfair burden on small‐scale fisheries and countries who depend on them. Third, as IUU fishing is increasingly approached as “organized crime,” there is a risk of inappropriately targeting small‐scale fisheries, at times violently. Reflecting on these three trends, we propose three strategies by which a more sensitive and ultimately more equitable incorporation of small‐scale fisheries can be supported in the global fight against IUU fishing.

Flags for sale: An empirical assessment of flag of convenience desirability to foreign vessels

Illegal, unreported and unregulated (IUU) fishing costs the global economy tens of billions of US dollars annually, although accurate estimates of the current extent of this activity remain uncertain. Those that break or avoid fisheries management rules often employ tactics, such as registering their vessels under foreign flags (commonly known as “flags of convenience” (FoCs)), to carry out their often illegal activities. The practice of using FoCs by fishing vessels impedes prevention efforts to effectively deter or eliminate IUU fishing. While literature has proposed a large number of factors explaining why certain flags are more desirable than others, an empirical assessment of these proposed factors has not yet been made. This research, therefore, fills this gap by empirically evaluating 38 such factors. Results show that desirable flags are flags of countries that are largely non-cooperative with international efforts to sustainably manage shared fish stocks and prevent IUU fishing, regardless of their ratification of major international agreements. The same flags are easy to acquire and allow fishing vessels access to a large number of countries’ exclusive economic zones and areas managed by regional fisheries management organizations. Policy implications are discussed in light of these findings.

The protection of women in illegal, unregulated and unreported fishing

The protection of people against forced labour and human trafficking at sea and in particular in connection with illegal, unregulated and unreported fishing (IUUF) is often a neglected topic. At sea, fishers are simply ‘out of sight, out of mind’. The abuse of women and girls in connection with IUUF has also not caught the full attention of law enforcement. Although there is a clear connection with IUUF, most instances of abuse of women and girls take place onshore, within fishing and coastal communities. This brief note attempts to draw attention to the reality of women that are victims of abuse in connection with IUUF, and the shortcomings of international law to effectively protect them at sea and onshore.

Malaysian Efforts in Combating IUU Fishing: A Legal and Policy Review

Illegal, unreported and unregulated (IUU) fishing may occur on the high seas or within a national jurisdiction. Several factors were identified as contributing to the occurrence of IUU fishing activities, among which is poor governance marked by limited and overlapping enforcement by related authorities. With very limited regional enforcement bodies and the absence of a regional multilateral agreement, IUU fishing is difficult to overcome. It means that issues relating to overfishing and other fishing conflicts like foreign vessels intrusions and use of illegal fishing methods will continue to be a problem. This paper identifies the Malaysia’s legal framework governing IUU fishing, as well as relevant international and regional laws and policies. The paper also discusses the devastating effects of IUU fishing to the global fish stocks and national economy. Although the existing framework is considered comprehensive, it recommends further stringent and fair law enforcement to combat IUU fishing in Malaysia’s waters.

Inducing state compliance with international fisheries law: lessons from two case studies concerning the Republic of Korea’s IUU fishing

Despite the expansion of international fisheries law, fish stocks are still threatened by illegal, unreported and unregulated (IUU) fishing. An inevitable question arises: What can be done to better induce state compliance with international fisheries law? This article reveals a factor affecting compliance with international fisheries law that had not yet been explored in the compliance studies literature: the processes for implementing that law. It notes that one actor’s implementation processes may enhance other actors’ compliance with international fisheries law if the processes aim to affect others’ behaviour and others conform to them. Accordingly, the purpose of this article is to identify conditions under which the implementation processes have such a socialisation effect. These conditions are explored in two case studies concerning IUU fishing: that existing between the Republic of Korea and the European Union (2013–2015) and that between the Republic of Korea and the Commission for the Conservation of Antarctic Marine Living Resources (2011). The case studies show that, from an institutional perspective, the design of transparent implementation processes with dialogue between the actors involved is crucial and, in terms of social context, the international leverage and reputations of the implementing actor and the targeted actor, as well as collaboration with media and civil society, are also significant factors in the processes’ socialisation effect.

Spain’s Action to Control and Suppress Illegal, Unreported and Unregulated Fishing: Current Status and Future Prospects

Abstract The aim of this article is to address the evolution of Spain’s action to fight against illegal, unreported and unregulated (IUU) fishing during the last thirty years, as well as its future prospects. Currently, Spain strictly complies with the provisions of the international fisheries law and the European Union’s Common Fisheries Policy. In addition, Spain adopted a complex and diverse normative framework, which allows it to establish administrative sanctions against various Spanish individuals and fishing companies, which are suspected of being involved in IUU fishing activities. Moreover, Spanish legal courts and tribunals had to adjudicate in a few cases occasioned by IUU activities. This article analyses the Spanish current legal framework regarding controlling and suppressing IUU fishing, as well as the enforcement of the legal norms in Spain by the public authorities with competences in this field and by the Spanish courts and tribunals.

Involving local fishing communities in policy making: Addressing Illegal fishing in Indonesia

Illegal, Unreported and Unregulated (IUU) fishing has been identified by the UN as one of the seven major threats to global maritime security; it causes loss of economic revenue, severe environmental damage, and far-reaching livelihood implications for coastal communities. Indonesia, by far the biggest archipelagic state, faces enormous challenges in all aspects of IUU fishing and addressing those is one of the current Indonesian Government's top priorities. This article addresses the under-researched dimension of how IUU fishing affects fishing communities. With the use of collage making focus groups with fishermen from different Indonesian fishing communities, the research highlights the interrelated environmental (depletion of resources), socio-economic (unbridled illegal activities at sea), cultural (favouritism) and political (weak marine governance) dimensions of IUU fishing as experienced at the local level. However, the research also indicates a strong will by fishermen to be seen as knowledge agents who can help solve the problem by better dissemination of information and cooperation between the local government(s) and the fishing communities. The article concludes by arguing for the involvement of local fishing communities in national and international policy making that addresses IUU fishing.

Unilateral Trade Measures Against Illegal, Unreported and Unregulated Fishing: Unlocking a Paradigm Change in Trade-Environmental Partnerships?

The decades-long yet steady transition of the World Trade Organization (WTO) from value judgment towards procedural empowerment delivers a new impetus to consolidated trade-environmental partnerships in a collective campaign against illegal, unreported and unregulated (IUU) fishing. Although there is an ideal preference for multilateral approaches to address the widespread phenomena of IUU fishing and associated human rights injustice, this article probes an increasingly proactive role of unilateral trade measures to close the supply chain loopholes for IUU-caught fish to enter commerce. Unilateral and trade-restrictive modalities against IUU fishing are embodied by the 2008 European Union IUU Regulation and the 2016 United States Seafood Import Monitoring Program. Innovative trade paradigms should avoid compromising the consensus-building momentum under multilateral governance frameworks in the longer term. Better regulated and coordinated unilateral measures can become a useful pathfinder to globalized strategies. To this end, the WTO needs to work more closely and effectively with the Food and Agriculture Organization and regional fisheries management organizations to ensure that unilateral responses are transparent, well-reasoned and emerge from a rational process of communication and argumentation among supply chain parties.

Subsidies for Illegal Activities?—Reframing IUU Fishing from the Law Enforcement Perspective

ABSTRACT Fisheries subsidies norms and discussions at present are based on the subsidy framework under the Agreement on Subsidies and Countervailing Measures. This approach is pertinent vis-à-vis various types of governmental subsidies provided to fisheries industries. It, however, fails to tackle illegal, unreported and unregulated (IUU) fishing, one of the core targets of the fisheries subsidies norms, because few governments ‘subsidize’ illegal activities such as IUU. As far as IUU fishing is concerned, the real challenge is not about subsidies but about how to enforce domestic laws and regulations to punish owners, operators, and fishermen engaged in such illegal activities. Future discussion of fisheries subsidies norms regarding IUU should reflect the law enforcement aspect in addition to the present subsidy aspect.

Coordination between RFMOs on mutual recognition of IUU vessel lists

A centralized list of vessels identified as engaged in illegal, unreported and unregulated (IUU) fishing or mutual recognition of such lists established by each regional fisheries management organization (RFMO) offers a cost-efficient way to exchange information and cooperate on eliminating illegal harvest from the global seafood supply chain. However, to date, no entity has been specifically assigned to the task of creating such centralized list or facilitating coordination on cross-listing of individual lists between RFMOs. This undermines the global effort against IUU fishing, as operators involved in illicit activities can easily move from one fishing area to another, crossing into the jurisdiction of another RFMO, where they may not be subject to restrictions resulting from the identification as an IUU fishing vessel. To understand the extent of the potential impact of this easily-solvable shortcoming, this article explores cross-listing provisions and resulting practices across 13 RFMOs that adopted measures allowing the establishment of IUU vessel lists.

Operational Monitoring of Illegal Fishing in Ghana through Exploitation of Satellite Earth Observation and AIS Data

Over the last decade, West African coastal countries, including Ghana, have experienced extensive economic damage due to illegal, unreported and unregulated (IUU) fishing activity, estimated at about USD 100 million in losses each year. Illegal, unreported and unregulated fishing poses an enormous threat to the conservation and management of the dwindling fish stocks, causing multiple adverse consequences for fisheries, coastal and marine ecosystems and for the people who depend on these resources. The Integrated System for Surveillance of Illegal, Unlicensed and Unreported Fishing (INSURE) is an efficient and inexpensive system that has been developed for the monitoring of IUU fishing in Ghanaian waters. It makes use of fast-delivery Earth observation data from the synthetic aperture radar instrument on Sentinel-1 and the Multi Spectral Imager on Sentinel-2, detecting objects that differ markedly from their immediate background using a constant false alarm rate test. Detections are matched to, and verified by, Automatic Identification System (AIS) data, which provide the location and dimensions of ships that are legally operating in the region. Matched and unmatched data are then displayed on a web portal for use by coastal management authorities in Ghana. The system has a detection success rate of 91% for AIS-registered vessels, and a fast throughput, processing and delivering information within 2 h of acquiring the satellite overpass. However, over the 17-month analysis period, 75% of SAR detections have no equivalent in the AIS record, suggesting significant unregulated marine activity, including vessels potentially involved in IUU. The INSURE system demonstrated its efficiency in Ghana’s exclusive economic zone and it can be extended to the neighbouring states in the Gulf of Guinea, or other geographical regions that need to improve fisheries surveillance.

THE STATE RESPONSIBILITY ON THE IUU FISHING : THE REFLECTION OF THE 2015 ITLOS ADVISORY OPINION ON IUU FISHING AND ITS RELEVANCE TO INDONESIA

Illegal, Unregulated and Unreported (IUU) fishing activities have been widely known as a threat to marine living resources. The International Tribunal for the Law of the Sea (ITLOS) has adopted its advisory opinion on the responsibility and the possible liability of the flag States who committed IUU fishing activities in an area under the jurisdiction of the Sub-Regional Fisheries Commission (SRFC). Other than the Opinion, many international scholars and legal instruments have arisen the same concern, however, the primary source on the Law of the Sea, the United Nations Convention on the Law of the Sea (UNCLOS) is silent in this matter. The issue is very relevant with the current case that encountered by the Indonesian Government with regard to the Chinese-flagged fishing boat, namely Kway Fey 10078, that had been suspected to conduct IUU fishing activities in the Indonesian exclusive economic zone (EEZ). In this particular case, the Chinese coast guard ship assisted the Kway Fey to escape from Indonesian jurisdiction by ramming into Kway Fey 10078. In consequence, the Indonesian Government cannot enforce its jurisdiction upon Kway Fey and the Chinese Government requested Indonesia to release eight Chinese nationals who are detained. This reaction shall question on how international provide legal solutions on how to effectively deal with IUU fishing activities.

<b>THE SECURITIZATION OF IUU FISHING IN THE SOUTHERN OCEAN</b><br/>A SECURITIZAÇÃO DA PESCA INN NO OCEANO AUSTRAL

Fish stocks around the world are about to collapse, which has immensurable environmental, economic, and social consequences. Therefore, the possibility that IUU (illegal, unreported and unregulated) fishing proliferate is now followed closely by the international community. In this context, securitization processes of those issues start to arise. The Southern Ocean is particularity vulnerable to IUU fishing and may become the stage of new security dynamics. Thus, we propose the following research question: "How is regulation of fishing at the Southern Ocean securitized and what role does international cooperation play in that process?". This article's main objective is to answer that question. Furthermore, its specific objectives are to investigate securitization of fishing internationally, to study security dynamics in the Southern Ocean, and to discuss the role of international regimes and cooperation for this process. This research project is exploratory in nature. As a research method, we applied literature review using multidisciplinary materials and document analysis.

Chasing the Fish Oil—Do Bunker Vessels Hold the Key to Fisheries Crime Networks?

Illegal, Unreported and Unregulated (IUU) fishing is recognised as a major threat to the health of the world’s oceans. In addition, the discourse around IUU is recognizing and recommending that IUU be viewed through the lens of transnational crime. Reducing IUU fishing therefore requires a detailed understanding of how fishing fleets function and interact transnationally. However, this is difficult to determine because IUU fishing is by nature a clandestine activity, and often occurs in contexts that, by intention, make monitoring very difficult. Disentangling fleet activities therefore necessitates identifying and understanding how key players or actors function to support or guide IUU activities. In this regard, recent efforts have focused on identifying transhipment activities by finding and following refrigerated cargo (reefer) vessels. We suggest that bunker (fuel) vessels, may provide one solution to understanding and unravelling these IUU networks for two main reasons: they are fewer in number, are known to provide additional support to fishing vessels beyond refuelling. In this respect, bunker vessels are also used to resupply provisions, and crew, thereby facilitating human trafficking and slavery, which is demonstrably rife in certain components of the commercial fishing realm (e.g., long distance or high seas fleets). Here, we illustrate how social network analysis could be used as a methodological lens to expose previously clandestine IUU fishing fleet dynamics. Specifically, we highlight the connectedness of a tanker vessel, and several fishing and reefer vessels, in an area in the Southern Indian Ocean that has high levels of fishing and general shipping.

Loitering with intent-Catching the outlier vessels at sea.

Illegal, Unreported and Unregulated (IUU) fishing activities pose one of the most significant threats to sustainable fisheries worldwide. Identifying illegal behaviour, specifically fishing and at-sea transhipment, continues to be a fundamental hurdle in combating IUU fishing. Here, we explore the use of spatial statistical methods to identify vessels behaving anomalously, in particular with regard to loitering, using the Indonesian Exclusive Economic Zone (EEZ) and surrounding waters as a case-study. Using Automatic Identification System (AIS) for vessel tracking, we applied Generalized Additive Models to capture both the temporal and spatial nature of loitering behaviour. We identified three statistically anomalous loitering behaviours (based on time, speed and distance) and applied the models to 2700 vessels in the region. We were able to rank vessels for individual and joint probability of atypical behaviour, providing a hierarchical list of vessels engaging in anomalous behaviour. While identification of irregular behaviour does not mean vessels are definitely engaging in illegal activities, this statistical modelling approach can be used to prioritise the allocation of enforcement resources and assist authorities under the United Nations Food and Agricultural Organization Port State Measures Agreement for management and enforcement of IUU fishing associated activities.

A Commentary – Lake Tanganyika fisheries: Current constraints and the way forward

A Commentary – Lake Tanganyika fisheries: Current constraints and the way forward