IUU Fishing Research Articles

세계무역기구(WTO) 수산보조금 협정의 발효와 국내적 이행에 관한 소고

In the last June, the WTO MC 12 has made the millstone where the MC 12 adopted the WTO Agreement on Fisheries Subsidies for prohibiting subsidies on overcapacity fisheries, and overfishing, and eliminating subsidies on IUU fishing. It still remains “instrument of acceptance” of the protocol of the Agreement on fisheries Subsidies, but the international communities and the WTO secretariat are calling WTO members to deposit their instruments of acceptance. For its operation, two-thirds of WTO members need to deposit them at the WTO. Korea is one of the major fishing countries such as China, Japan, Norway and others and so enforcement of this agreement will have significant effects on the Korean fishing industry, especially distant shipping. On the basis of the Distant Water fisheries Development Act of Korea, the Korean government is supporting its distant shipping industry in terms of policy support, subsidies, consulting and others. The WTO subsidies agreement has not specified and detailed which fisheries subsidies of the agreement will include governmental support as the prohibited subsidies. In this line, the Korean government should be able to implicate the Korean policy to the agreement in terms of extent of the Korean subsidies.

China’s approach to global fisheries: power in the governance of anti-illegal, unreported and unregulated fishing

ABSTRACT As a significant actor in global governance, China has become increasingly active in addressing global environmental challenges. However, Chinese fishing practices do not conform with its policies. How do we understand China’s apparently incoherent stance? Using the case of illegal, unreported, and unregulated (IUU) fishing governance, we explore why China shifted its approach from reluctance to engagement while still allowing the Chinese fleet’s IUU fishing activities to some extent. We find that China safeguards its self-interest by shaping domestic and international rules on anti-IUU fishing while pursuing means of legitimising its actions and intangible aspects of power in the oceans. Our findings have far-reaching implications. First, China’s notion of environmental responsibility is likely to remain within the scope of its interests and what China can control. Second, China’s global environmental approach can be understood as the pursuit of intangible aspects of great power status in addition to its tangible interests.

IUU 어업 방지를 위한 국제적 규범과 우리나라 관련 법제의 비교 연구

수산자원보전과 경제적 손실방지를 위한 IUU어업 방지 노력은 1996년 IUU 남극해양생물 자원보존위원회가 어획량을 초과한 불법어업을 보고 · 토론하면서 시작됐다. 세계 최대의 원양어업 강국인 한국은 최근 IUU 근절 의지와 관련하여 많은 문제점을 국제사회로부터 지적받아 왔다. 또한, 우리나라가 국제사회로부터 "IUU 참가국" 또는 "비협조적인 제3국"으로 지정된 바 있고, 국가 이미지의 악화와 함께 수산물 수출 및 항만 이용에 상당한 어려움을 겪고 있는 것은 사실이다. 2020년에는 유관기관 및 수산업체의 노력으로 우리나라가 IUU어업에 대한 법적제재 강화와 철저한 후속 조치를 통해 국제사회의 신뢰를 어느 정도 회복하고, 현재는 IUU어업 방지 협력국가로 인식되고 있다. 그러나 IUU어업이 발생할 수 있는 근본적인 문제가 완전히 해결되었다고는 할 수 없고, 남획 등의 유혹으로부터 자유롭지 못한 우리나라의 IUU어업 실태는 언제라도 다시 "비협조적 제3국"으로 지정될 여지를 남겨두고 있다. 현재 우리나라의 IUU어업 관련 법규의 문제점을 점검하고 개선방안을 마련하는 것이 계속되는 노력이 필요한 시점이라고 본다. 따라서 본 논문에서는 IUU어업 규제에 관하여 국제규범 및 연안국 등의 법규 현황과 국내법인 「원양산업발전법」을 비교·검토하였다. 결론적으로 국제법과 국내법 간 법적 효율상 차이점에서 비롯되는 부족한 법 제도를 보완하기 위해서는 선장 및 어선원의 IUU어업 방지 교육 훈련이 필요하며, 국제수산기구 등의 IUU어업 방지 제도에의 적극적 동참 등을 개선방안으로 제안한다. Efforts to prevent IUU fishing for conservation ecosystems and for prevent economic damages began in 1996 when the IUU CCAMLR reported and discussed illegal fishing in excess of the catch quota. Korea has recently been pointed out by the international community as to many problems regarding its will to eradicate IUU fishing. It is true that Korea has ever been designated as an "IUU participating country" or a "non-cooperative third country" by the international community. In 2020, Korea has recovered some trust from the international community, and is now free from non-cooperating countries. However, it cannot be said that the basic problems have been completely resolved, and the current state of Korea"s IUU fishing leaves room for designation as a "non-cooperative third country" again at any time in the future. Accordingly, there is an urgent need to examine the problems of the IUU fishing-related legal system in Korea and to come up with an improvement plan. Therefore, in this paper, international regulations and the current status of laws and regulations of coastal countries and the domestic corporation 「Deep Sea Industry Development Act」 regarding IUU fishing regulations were compared and reviewed. In conclusion, in order to supplement the insufficient legal system resulting from differences in legal efficiency between international and domestic laws, it is necessary for captains and fishing crew members to receive education and training to prevent IUU fishing.

Killing Nemo: Three world regions fail to mainstream combatting of IUU fishing

This study revisits the established correlation between IUU fishing and the quality of governance. However, rather than relying on estimates of illegally harvested volumes of catch, the study tests the correlation between the national response to combat IUU fishing – as a proxy of IUU fishing risk – and the quality of governance. Linear regression analysis was applied to a global dataset of 151 coastal States, and individually to eight world regions. The study finds that the correlation of the response to IUU fishing (dependent variable) with the quality of governance is highly significant at the global level, and across five world regions; namely Africa, Europe, North America, Oceania and South America. However, the correlation is not verified for Asia, the Caribbean and Central America, and the Middle East. For Asia, the study also finds that combatting of IUU fishing significantly weakens with rising national income. Asia, the Caribbean and Central America, and the Middle East account for more than half the volume of global marine fish catch and there regions score the worst for their response to IUU fishing in both the 2019 and 2021 IUU Fishing Index reports. The study concludes that the lack of correlation across these three regions suggests that relying chiefly on improvements in governance to bring about more effective combatting of IUU fishing will likely prove insufficient. More efforts will be needed across these regions to elevate the importance of effective fisheries management within national policy dialogues, to generate a substantially improved response to IUU fishing in the future.

Fishermen Empowerment Strategy as a Solution in the Security Management Crisis in the North Natuna Sea

Indonesia faces tremendous pressure in dealing with the crisis in the North Natuna Sea with China, which often violates Indonesia's EEZ in the North Natuna Sea. The frequency of crises in the North Natuna Sea is increasingly frequent. It requires an effective strategy without damaging diplomatic relations, and local Natuna fishers immediately feel the benefits. Diplomatic efforts carried out since 1994 and military policies have no significant effect in preventing China's aggressiveness. Up until now, Chinese fishing vessels and the Chinese Coast Guard are still carrying out provocative actions by violating Indonesia's IUU Fishing and EEZ by adhering to the Nine-Dash Line principle, which has disrupted maritime security and has harmed Indonesia for not respecting the 1982 UNCLOS. Moreover, Jakarta's response to that event sent fishing boats from Pantura Java to take fish in the Natuna area, making it worse for local Natuna fishers. Thus act sparked a conflict, which meant Natuna fishers faced two threats from foreign parties and conflicts with Pantura Java fishers. The researcher aims to analyze the strategies that the Government of Indonesia has carried out in dealing with the crisis in the North Natuna Sea with China by using qualitative methods and triangulation analysis techniques with the concept of national interest. The researcher analyzed how the strategy used by the Indonesian Government did not have a significant impact on reducing China's aggressiveness and conflicts with Pantura Java fishers. The study results indicate that additional strategies are needed to encourage the effectiveness of the expected results by prioritizing local Natuna fishermen as part of the solution, with maximum coordination between the Indonesian Navy, BAKAMLA (Badan Keamanan Laut/ Indonesian Maritime Security Agency), and the Natuna Fisherman Community. Researchers suggest that the central Government coordinates with stakeholders to form a “Sovereignty Patrol Fisherman Team” accompanied by Bakamla as a concrete action to safeguard the sovereignty and sovereign rights of professional fishers to facilitate up-to-date and surviving fishing vessels in the North Natuna Sea as a form of state defence and empowerment of local Natuna fishers.

Quantifying risk assessments for monitoring control and surveillance of illegal fishing

Abstract One of the key international efforts to reduce Illegal, Unreported,and Unregulated (IUU) fishing is the United Nations Food and Agriculture Organization's Port State Measures Agreement. The agreement is designed to close off the opportunities for non-compliance, such as vessels engaging in illegal practices to land their catch. However, with thousands of vessels at sea and relatively limited inspection capacity, enhanced communication and information sharing to identify priority high-risk vessels is fundamental to successful implementation. Moving from traditional qualitative to quantitative risk assessments is one key step in ensuring the effective and efficient implementation. Risk profiling is in its infancy in the field of IUU fishing. Here, we present a transparent and repeatable method for eliciting quantitative weightings for indicators of IUU fishing using the Analytical Hierarchy Process. The method highlights the improvements in discrepancy with quantitative rankings, in comparison to traditional qualitative approach used, and the inherent ambiguity associated. This method can help to improve decision support systems used by fisheries surveillance agencies around the world. Knowing which vessels are high-risk is key to decision-making. Working towards a quantitative risk-based approach is fundamental step to improving oversight and control of IUU.

Challenges for Indonesian Government in Controlling Illegal Fishing in Legal Perspective (Study in North Sumatera Province)

The provincial government of North Sumatera has vast maritime and fisheries potential, consisting of the potential for catching fisheries and for cultural fisheries. The potential of the catchment of the North Sumatera Province of the Straits of Malacca is 484,414 per year, and the potential of the Indian Ocean is 1,228,601 per year. Given the magnitude of the less exploited fisheries potential, which has led to North Sumatera Province becoming a fertile ground for Illegal, Unreported, Unregulated Fishing, or commonly mentioned as IUU Fishing, The current study uses the normative jurisprudence methodology, which is based on the main legal material by examining the theories, concepts, legal principles, and legislative rules. The type and nature of the research used is qualitative research with legal and policy approaches around IUU Fishing. The data sources used are secondary data sources using primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques in this paper used library study and the results will be repeated to the respondents who have been determined. The Ministry of Marine Affairs and Fisheries implemented three pillars to prevent and address the activities of IUU fishing, known as the three pillars policy, namely: sovereignty, sustainability, and welfare. That has been implemented in some of the ways among the ships that commit illegal fishing crimes for the deterrent effect; performing the moratorium on foreign vessels; the establishment of an eradication task force on illegal fishing 115. The many achievements undertaken by the Ministry of Maritime Fisheries are not accompanied by consistent efforts in the eradication efforts of IUU fishing in Indonesia. Keywords: IUU Fishing, Illegal Fishing, Ministry of Marine Affairs and Fisheries.

What Changes Should be Made by China under Article 20.16 of CPTPP

For the first time, Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) presents the series of environmental provisions as a separate chapter in a multilateral economic and trade agreement. This chapter deals with specific areas of environmental protection. Article 20.16 of the CPTPP is about marine capture. This article contains requirements for fisheries management systems of the contracting Parties, restrictions on illegal, unreported and unregulated Fishing (IUU fishing), and prohibitions and modifications of fishery subsidies granted by the contracting Parties. China is the largest fishing nation in the world, so Article 20.16 of the CPTPP will have a significant impact on China if China successfully joins the CPTPP after its application in September 2021. The issue of legal convergence is particularly important currently. WTO has passed the Agreement on Fisheries Subsidies, reaching an agreement on the issues such as the identification of IUU fishing and fishery subsidies based on Special and Differential Treatment. However, there are still several additional provisions waited to be negotiated, which China needs to keep working hard on.[1] In addition, although China has relatively domestic legislation in this area and has actively signed and participated in relevant international documents, it still lacks legal provisions on fishery subsidies and has not signed The Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels (Compliance Agreement). All of these will limit China's voice and basis for environmental provisions in bilateral free trade agreement negotiations. China should clarify the relevant concepts, improve its domestic legislation, accelerate its accession to relevant international documents and treaties, and upgrade its bilateral investment agreements in a timely manner.

Analysis of fuzzy logic systems types 1 and 2 in identifying of IUU fishing and transshipment: a case study in Indonesia’s vulnerable waters

The identification system for illegal, unreported, and unregulated (IUU) fishing and transshipment of incidents is one effort as early warning and it can be adopted by the Indonesian ministry of fisheries and marine affairs. The system has been developed using several methods. One of them is the artificial neural networks (ANN) have been used, but it is several weaknesses when AIS data is lost. The system able to identify in missing data in a short duration of time only. The development of a system for IUU identification proposed using a fuzzy logic system (FLS). The IUU identification system consists of subsystems: (i) missing data prediction, (ii) anomaly trajectory decision, (iii) IUU selection, and (iv) IUU decision. The performance of FLS is compared between fuzzy type 1 and type 2. The system tested using data of IUU occurrences waters in high frequency. Both SLF type 1 and type 2 are able to give result in very good accuracy for IUU fishing and transshipment identification.

The Role of Vessel Monitoring Systems (Vms) in Mitigating Illegal, Unreported and Unregulated (Iuu) Fishing

The Role of Vessel Monitoring Systems (Vms) in Mitigating Illegal, Unreported and Unregulated (Iuu) Fishing

How High-Tech Solutions Support the Fight Against IUU and Ghost Fishing: A Review of Innovative Approaches, Methods, and Trends

How High-Tech Solutions Support the Fight Against IUU and Ghost Fishing: A Review of Innovative Approaches, Methods, and Trends

IUU Fishing Crimes in Latin America and the Caribbean

IUU Fishing Crimes in Latin America and the Caribbean

The maritime security fallout from North Korea's fisheries policy

North Korea's fisheries policy has created a wide range of maritime security challenges within the larger Northeast Asia region. North Korea has focused on increasing fish production and bringing in income, but its political economy has resulted in fisheries exploitation that is neither monitored nor controlled directly by the state. This is further complicated by United Nations sanctions that prohibit the legal export of fisheries product, and a series of maritime boundary disputes between North Korea and other countries. Combined, these factors lead to a range of maritime security problems, including fisheries smuggling, IUU fishing in both North Korean waters and elsewhere in the region, inter-state maritime clashes, arms proliferation, and maritime piracy. This has a number of policy implications for fisheries management and engagement with North Korea on maritime issues.

DIPLOMASI MARITIM INDONESIA DI IORA PADA KASUS ILLEGAL, UNREPORTED, DAN UNREGULATED FISHING

Maritime sovereignty is an integral part of the Indonesia�s foreign policy, historically in the era of Nusantara, many competitions to conquer maritime territory was even tangible from the era of Majapahit and Sriwijaya kingdom during their ruling. With the notion of Indonesia as the world�s maritime axis, Indonesia�s diplomacy is defined clearly by the manifestation of efforts either in bilateral, regional, and multilateral. This article discussed on how Indonesia�s diplomacy through IORA cooperation is done to overcome the issue of IUU fishing during the presidency of Joko Widodo from 2015 until 2020. Indonesia�s IORA Chairmanship from 2015-2017 has rejuvenate Jakarta�s maritime diplomacy. Indonesia�s diplomacy depicted that Indonesia is beyond thatn norm-setting but also to the level where Indonesia assert their identity as a sovereign maritime axis amid the challenges and modernization that made non-traditional security as one of the core of contemporary diplomacy.

Fishing boat detection using Sentinel-1 validated with VIIRS Data

Detecting fishing boat activity is still a challenge for the biggest archipelago countries, such as Indonesia, to monitor the huge marine area. Space technology using sensors SAR to detect ships has been developed since 1985. However, the cost of using SAR images is one of the barriers to operational aspects, mainly for detecting fishing boats to deter IUU fishing activities. This research aims to evaluate the use of Sentinel 1-SAR imagery for identifying fishing boats from space. We used VIIRS data for validating the purposes. Both data sources could be accessed freely. The object detection process can be derived into three steps: pre-processing, object detection and object validation. We used the constant false alarm rate (CFAR) method to discriminate against objects at sea. To identify fishing vessels, we used the size of the vessels and the intensity of light captured by VIIRS. According to the findings, 21 boats were discovered using sentinel 1-SAR imagery and four boats using VIIRS data based on the the area of interest.

Promoting Cooperation of Monitoring, Control, and Surveillance of IUU Fishing in the Asia-Pacific

Illegal, unreported, and unregulated (IUU) fishing is becoming a growing threat to sustainable fisheries and the economy worldwide. To solve this issue, various efforts on monitoring, control, and surveillance (MCS) have been made at the national, regional, and international levels. However, there is still the lack of measures against IUU fishing vessels at the multilateral level. Here, we assessed the situations of fisheries, and the current systems and challenges of MCS in eight Asia-Pacific countries with a focus on MCS of IUU fishing vessels at sea. Through a literature review and interviews, we confirmed that IUU fishing was linked with the status of fisheries in each country, and that each country implements various MCS measures with different emphases. However, there was a trend of enhancing or newly establishing four areas of MCS: vessel tracking, patrol, onboard observers, and port State measures, with amended or newly adopted laws. We also identified challenges of MCS such as insufficient MCS in coastal areas and fragmented cooperation among the countries. Based on our findings, we advance several recommendations including the enhancement of cooperation among stakeholders, especially fishers, for co-monitoring in coastal areas and the establishment of a communication platform for Asia-Pacific countries.

PERKEMBANGAN PENGELOLAAN PERIKANAN GLOBAL

Global fisheries production has been marked by the fast growing pattern of capture fisheries production. During the last five decades marine fisheries production demonstrated an increase of nearly 500% or an annual average increase of 4.5%. this spectacular increase raised a global concern since it accompanied by overexploitation of resources in various parts of the world ocean. This concern has led to a series of negotiation in international arena that resulted in the formulation and finally adaption of the Code of Conduct for Responsible Fisheries in FAO in 1995. Elaboration of the implementation of the Code brought about the formulation of International Plan of Action (IPOA) burning issues of priority for which member countries of FAO are encouraged to translate it into National Plan of Action (NPOA). Four NPOA has been available including IPOA for sharks, for seabird bycatch in longline fisheries, for fishing capacity and for IUU fishing. Regional Fisheries Organization (RFO) in recent years has tasked to deal with management of living resources that do not respect administrative boundaries, such as some species of tuna and small pelages. Some of the fish resources exploited by the Indonesian fishers move across EEZ into high seas for which it falls within the responsibility of regional fisheries organization to manage. Indonesia is therefore encouraged to join such RFO to assure active participation in the management of the resources. Nonetheless, the administrative bureaucracy has hindred the process.

The Nature and Scope of Illegal, Unreported, and Unregulated Fishing and Fisheries Crime in Cameroon: Implications for Maritime Security

ABSTRACT Illegal, unreported, and unregulated (IUU) fishing and fisheries crime undermine maritime security especially for vulnerable coastal nations in Africa. This is particularly problematic for Cameroon where millions of people directly depend on fisheries for their livelihoods. Drawing on primary and secondary data, this article reveals the extent of IUU fishing and fisheries crime practices, noting that their operational synergies are a threat to Cameroon’s blue economy development, marine safety, ocean health and human resilience, and by extension national security. Efforts toward combatting IUU fishing and fisheries crime must recognize their synergistic relationship and ensure cooperation with sub-national non-state actors.

Penegakan Hukum Terhadap Pelaku Tindak Pidana Illegal Fishing Di Wilayah Kerja Kejaksaan Negeri Serdang Bedagai

The sovereignty of a country in the sea is very dependent on the ability of the state to physically prevent the sea area it controls. The wider the sea area controlled by a country, the greater the responsibility of the state to oversee it. Indonesia has stated that it will assume responsibility for the prevention of this vast sea area, which has an area of 5.8 million square kilometers, of which 60% of the area is a marine area under the sovereignty of the Republic of Indonesia. Indonesian territorial waters, especially border areas, need to be managed properly for the utilization of natural resources in the vicinity so that they can be used for the welfare of the people. There are many problems faced by the Indonesian government in managing the territorial waters of the country, one of which is Illegal, Unreported, and Unregulated Fishing (IUU Fishing) or what we usually know as illegal fishing. Illegal fishing has caused multidimensional impacts related to economic, social, cultural and environmental aspects. This is a logical consequence of the function of the sea as an ecosystem in which it contains three basic functions, namely yield (production), environmental and social. This type of research is a normative juridical research. How are the legal provisions governing the criminal act of illegal fishing, how is the law enforcement process against illegal fishing, and what are the obstacles in the law enforcement process and what are the solutions or efforts that should be made so that the law enforcement process against illegal crimes fishing can be carried out properly. The legal provisions regarding the criminal act of illegal fishing are contained in Article 1 point 5 of Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries, fishing is an activity that obtains fish in waters that are not in a state of being cultivated with tools or equipment. in any way, including activities that use ships to load, transport, store, cool, handle, process, and/or preserve them. Law enforcement is an effort made so that the law can function and run properly and is obeyed by everyone. Law enforcement in a narrow sense is carried out by the Police, Prosecutors, Courts and Correctional Institutions

Fishy business: regulatory and enforcement challenges of transnational organised IUU fishing crimes

The article aims to find the answer on the main question of how can the criminalisation of IUU fishing, especially when committed by OCGs, under suppression conventions tackle the deficits of regulations and enforcement at the international and national levels? These deficits have origin in the limited prescription by international fisheries instruments and a large autonomy and discretion of states leading to substantive divergent policies, legal framework and practices at the national level. Further, the actual international fisheries instruments do not provide for regulatory and enforcement solutions in relation to the involvement of OCGs in IUU fishing. We argue that suppression conventions at global and regional levels could serve as solutions to supplement the deficits. In explaining the argument, first we examine the phenomenon of IUU fishing and its TOC dimensions, and the significant harms caused by it. Second, we examine the regulations and enforcement provisions of international and national fisheries instruments to establish the deficits. Third, we elaborate why suppression conventions are suitable solutions. Fourth, we analyse how suppression conventions can be regulated at global and regional levels in a way that they tackle the deficits. The results of this study can be used as a reference on how a transnational crime can be criminalised under suppression conventions both in terms of its reasonings and options and thus can contribute to the study of transnational criminal law. This study is important for transnational criminal law scholars, policy makers and practitioners in the field of enforcement.