Unregulated Fishing Research Articles

Estimation of Consumer Value on Import Management of Seafood Obtained from IUU Fishing: Using Choice Experiment Method

Purpose - This study empirically analyzes the consumer value of risk management associated with illegal, unreported, and unregulated (IUU) fishing of fishery products imported to Korea. The global regulatory paradigm for IUU fishing has shifted from production-centered to market-centered. As a result, changes in the international fisheries trade environment emphasizing “transparency” and “legality” of the production process are accelerating. Therefore, changes in the management systems of fishery products entering the country are also needed. Accordingly, this study estimated the consumer value for risk management of IUU fishing, targeting major fish species imported to Korea, and derived the feasibility of introducing related policies.
 Design/methodology - This study used the choice experiment as an analysis model to estimate consumers’ willingness to pay for the “possibility to check for IUU fishing.” The choice experiment assumes that the value of a good or service is composed of separable attributes and that the sum of the part-worth of these individual attributes becomes the total value. In this study, respondents were presented with profiles comprising three attributes (country of origin, price, and possibility of checking IUU fishing) and the levels of frozen poulp squid, the subject of the analysis. The participants were asked to select their preferred profile. The marginal willingness to pay for each attribute was derived from the results of the respondents’ choices using conditional logit model estimates.
 Findings - There is a marked difference in utility based on the preference of the country of origin of fishery products among consumers. In addition, the utility of fishery products that have undergone IUU fishing verification was observed to be higher, with the utility marked to be higher for lower prices.
 Originality/value - Estimating the policy value of the risk management in IUU fishing of imported fisheries products in this study is a novel attempt that has never been conducted before. Several studies have been conducted to assess the risk of IUU fishing associated with the import of fishery products internationally. However, such studies are yet to be conducted in Korea. Instead, policies and studies have focused on issues related to complying with trading partners’ legal and transparent standards for exporting fishery products. This study should be the beginning of more in-depth empirical and theoretical explorations to establish order in the domestic seafood market and respond to changes in international regulations on IUU fishing.

Ocean predators: Squids, Chinese fleets and the geopolitics of high seas fishing

Distant Water Fishing is a major concern for ocean sustainability and maritime geopolitics, especially for countries fearing incursions into their Exclusive Economic Zone. Whereas some high seas fisheries are overseen by Regional Fisheries Management Organizations, others lack even the most basic regulations. Here, we examine the case of under-regulated squid fishing in the high seas by Chinese Distant Water Fishing vessels operating in close proximity to the Exclusive Economic Zones of Argentina, Chile, Ecuador, and Peru. The rapid growth of Chinese squid fishing fleets and their controversial practices have led to tensions over stock management, as well as costly and geopolitically sensitive naval operations, not only by countries seeking to protect their EEZ, but also by a U.S. government placing Illegal, Unreported, and Unregulated fishing within its national security agenda, with Chinese DWF a clear target. This paper examines how China has attempted to resolve these tensions while resisting stricter fisheries regulations, with so far limited results in terms of addressing sustainability and geopolitical concerns. Improving fisheries regulations on the high seas and implementing new WTO rules on fisheries subsidies could help alleviate some of these concerns, while a ban on fishing in the high seas would improve ocean sustainability and reduce maritime tensions over the long term.

Model estimates of metazoans' contributions to the biological carbon pump

Abstract. The daily vertical migrations of fish and other metazoans actively transport organic carbon from the ocean surface to depth, contributing to the biological carbon pump. We use an oxygen-constrained, game-theoretic food-web model to simulate diel vertical migrations and estimate near-global (global ocean minus coastal areas and high latitudes) carbon fluxes and sequestration by fish and zooplankton due to respiration, fecal pellets, and deadfalls. Our model provides estimates of the carbon export and sequestration potential for a range of pelagic functional groups, despite uncertain biomass estimates of some functional groups. While the export production of metazoans and fish is modest (∼20 % of global total), we estimate that their contribution to carbon sequestered by the biological pump (∼800 PgC) is conservatively more than 50 % of the estimated global total (∼1300 PgC) and that they have a significantly longer sequestration timescale (∼250 years) than previously reported for other components of the biological pump. Fish and multicellular zooplankton contribute about equally to this sequestered carbon pool. This essential ecosystem service could be at risk from both unregulated fishing on the high seas and ocean deoxygenation due to climate change.

Fishing through the cracks: The unregulated nature of global squid fisheries

While most research has focused on the legality of global industrial fishing, unregulated fishing has largely escaped scrutiny. Here, we evaluate the unregulated nature of global squid fisheries using AIS data and nighttime imagery of the globalized fleet of light-luring squid vessels. We find that this fishery is extensive, fishing 149,000 to 251,000 vessel days annually, and that effort increased 68% over the study period 2017-2020. Most vessels are highly mobile and fish in multiple regions, largely (86%) in unregulated areas. While scientists and policymakers express concerns over the declining abundance of squid stocks globally and regionally, we find a net increase in vessels fishing squid globally and spatial expansion of effort to novel areas. Since fishing effort is static in areas with increasing management, and rising in unmanaged areas, we suggest actors may take advantage of fragmented regulations to maximize resource extraction. Our findings highlight a profitable, but largely unregulated fishery, with strong potential for improved management.

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.

Identifying priority areas for improvement in Chilean fisheries

Chile is amidst an unprecedented legal and institutional change since the restoration of democracy at the end of the 80’s, which is expected to affect fisheries governance. A global lead in marine resource landings, Chile implemented significant fisheries management reforms in the past decade. Yet, Chilean fisheries still face sustainability challenges. In this paper we reflect on the results of a survey carried out in 2019-2020 with key informants aimed to identify fisheries policy reform priorities in country. Addressing Illegal, unreported, and unregulated fishing; Developing a priority national research agenda to improve fisheries management in Chile; Addressing the lack of legitimacy of the fisheries law; Developing a new national fisheries policy; and Update the Artisanal Fisheries Registry were identified as priority topics by respondents.

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.

Agreement on Fisheries Subsidies

Abstract At the 12th Ministerial Conference in June 2022, Members of the World Trade Organization (WTO) reached a historic Agreement on Fisheries Subsidies that aims to contribute to the United Nations Sustainable Development Goals. This article provides the necessary background to the Agreement, tracing briefly the history to the negotiations. After a general overview of the Agreement, three key provisions of the Agreement are examined, namely, the prohibition of subsidies to (1) illegal, unreported and unregulated fishing, (2) the fishing of overexploited stocks, and (3) fisheries on the high seas outside the competence of regional fisheries management organisations. The provisions of the Agreement on special and differential treatment in favour of developing and least developed countries, as well as notable procedural and institutional features, are also considered. The remaining issues still to be addressed at the WTO are highlighted in the conclusion.

Advancing the International Law of the Sea to Address Illegal, Unreported, and Unregulated Fishing

Advancing the International Law of the Sea to Address Illegal, Unreported, and Unregulated Fishing

Fisheries Management Areas in the West Philippine Sea and Their Heritage Values

Geopolitical issues pose a challenge to the holistic management of fisheries and associated ecosystems in two Philippine fisheries management areas (FMAs 5&6) encompassing the West Philippine Sea. One way to allay these issues is through a common values approach based on heritage. This paper presents evidence of the heritage value of FMAs 5&6 that could be integrated into an ecosystem approach to fisheries management to manage conflicts. This presupposes a common understanding of their heritage value and the fundamental principle that sustaining this value is good—in fact, essential—for everyone and our planet. Heritage value is assessed as a composite and dynamic unity of human gains and investments in the ecological value, economic value, and value to society of ecosystem services, which create cultural significance and socioeconomic worth for communities and peoples. Ecological value is assessed by way of selected indications of the ecosystem services of the two FMAs; economic value is assessed using published estimates of the monetizable and nonmonetizable value of these services; and value to society is evaluated based on influences on cultural identities, ways of life, and amenities in surrounding lands and contiguous waters. The values are highly significant and beneficial not only to Filipinos but also to others around the South China Sea and beyond. However, the ecosystem services underlying these values—and users’ access to them—are at risk. They need to be protected from climatic and anthropogenic threats, including illegal, unreported, and unregulated fishing, pollution, coastline modifications, island building, and violations of the United Nations Convention on the Law of the Sea provisions on safeguarding the marine environment and fishers’ safety.

Concept of Illegal Fishing for Indonesian Regulations and UNCLOS

Illegal fishing is a transnational crime that needs special attention in its eradication to safeguard national sovereignty. Illegal fishing law enforcement and the protection of marine assets in Indonesia are based on the Shipping Law, Fisheries Law, Ministerial Regulations, and UNCLOS. Must be protected by any actions related to opportunities for crime to occur. There is no legal protection for potential geographical indications as a communal right of the people in Indonesia. This paper adopted the normative method with data sources drawn from primary and secondary legal materials. In addition, control practices are important in the fight against illegal, unreported, and unregulated (IUU) fishing. From here, the sinking of the ship became one of the control programmes. The current perspective on the problem of sinking or destroying fishing vessels is not from a legal aspect but from a standard or guideline for implementing procedures that have not been regulated, even though the Indonesian government is the subject of comparison with applicable laws.

The Red Sea Fisheries - Threats and Proposed Solutions

The global oceans and seas are broadly balkanized into 66 large Marine Ecosystems (LMEs), and the Red Sea is the number 33 of these LMEs. Moreover, they provide job opportunities for millions of people and generate about three-quarters of the world fish production annually. The Red Sea (LME#33) is believed to be the saltiest and warmest sea among these LMEs. The main aim of this paper is to suggest policy solutions as proper planning strategies for the Red Sea countries to restore the depleted naturally fish stocks and to sustain natural fisheries stocks to achieve socio-economic and environmental goals in the coming years. The methodology used in this research is a merge of descriptive and analytical approach. The analytical research focusses on the main causes and losses that led to depleting natural fisheries stocks in the Red Sea such as (overfishing, Illegal, Unreported, and Unregulated (IUU) fishing, coastal development, and climate change). This research analyses the data collected from the literature and the SWOT analysis outcomes to investigate the current status-quo and to propose alternative solutions for the natural fish stock depletion in the Red Sea.

The Red Sea Fisheries - Threats and Proposed Solutions

The global oceans and seas are broadly balkanized into 66 large Marine Ecosystems (LMEs), and the Red Sea is the number 33 of these LMEs. Moreover, they provide job opportunities for millions of people and generate about three-quarters of the world fish production annually. The Red Sea (LME#33) is believed to be the saltiest and warmest sea among these LMEs. The main aim of this paper is to suggest policy solutions as proper planning strategies for the Red Sea countries to restore the depleted naturally fish stocks and to sustain natural fisheries stocks to achieve socio-economic and environmental goals in the coming years. The methodology used in this research is a merge of descriptive and analytical approach. The analytical research focusses on the main causes and losses that led to depleting natural fisheries stocks in the Red Sea such as (overfishing, Illegal, Unreported, and Unregulated (IUU) fishing, coastal development, and climate change). This research analyses the data collected from the literature and the SWOT analysis outcomes to investigate the current status-quo and to propose alternative solutions for the natural fish stock depletion in the Red Sea. Keywords: The Red Sea, Fisheries, SDG 14.4, Socioeconomic, Overfishing, IUU fishing.

THE ROLE OF INDONESIA CUSTOMS IN THE ERADICATION OF IUU FISHING

Illegal, Unreported, and Unregulated (IUU) Fishing is a challenge in fisheries management and has the potential to threaten the stability of maritime security, especially in Indonesia. IUU Fishing is typically associated with other crimes such as smuggling, human trafficking, drug abuse, and human rights abuses. IUU Fishing also has adverse impacts economically, ecologically, and socially. Therefore, the enforcement of the law in the eradication of IUU Fishing is encouraged, for -not only to use one law to ensnare criminals, but also to optimize all legal instruments customs laws. Customs, as one of the agencies involved in the maritime security sphere, also has responsibility to help overcome and prevent the occurrence of IUU Fishing crimes. This study aims to determine the role and efforts that can be done by Customs in improving Indonesia's maritime security through the eradication of IUU Fishing using normative juridical qualitative research methods with a research focus on literature studiess and written regulations or other legal materials. The study found that there are undoubtedly three roles of Customs in the eradication of IUU Fishing, both directly and indirectly, namely the role of supervision, trade facilitator, and industrial assistance.

TRANSHIPMENT ANALYSIS ON TUNA LONGLINE VESSELS BASED ON VMS OPERATING IN INDONESIA FISHERIES MANAGEMENT AREA (WPP) 572 - 573

As part of the government's efforts to tackle Illegal, Unreported, Unregulated (IUU) fishing by irresponsible operators, the government issued a Ministerial Regulation (PERMEN KP 57/2014) concerning the prohibition of transhipment in Indonesia. In 2020, the government again changed the policy of transhipment with Ministerial Regulation concerning Capture Fishery Business (PERMEN KP 58/2020), which explained that it was allowed to carry out transhipment again. By being allowed to reload on tuna longline vessels, monitoring is needed to prevent unreported fishing. This study aims to analyze the movement of ships in transhipment with a Vessel Monitoring System (VMS), analyze indications of IUU fishing violations committed by transhipment vessels, and estimate transhipment activities that occur on tuna longline vessels based on catch composition data. The method used in this research is the descriptive method. The results showed that the flow of tuna longline vessels during transhipment can be identified from the VMS tracking data, which is marked by only two-speed patterns from the ship, namely shipsthat only have speed patterns above 5 knots and below 2 knots. There are indications of violations of IUU fishing carried out by ships during transhipment in the form of unreported fishing, and transhipment activities account for 97% of the total catches of tuna longline vessels based at Nizam Zachman Jakarta Oceanic Fishing Port.

Legal Enforcement for IUU Fishing in Indonesian Sovereignty And Jurisdiction: A Case Analysis of The Capture of Foreign Vessels by The Indonesian Government

The cases of IUU Fishing often occurred in Indonesia. This is due to the lack of supervision by the Indonesian government towards foreign vessels that are still fishing in Indonesian territorial and EEZ. IUU fishing caused huge losses to the country. One of the perpetrators of this illegal act was the Thai Silver Sea 2 ship. The ship entered Indonesian territorial waters precisely in Sabang waters, by flying the Indonesian flag to trick the Indonesian government patrolling around Sabang waters. However, gradually the Indonesian government became aware of the existence of foreign vessels which had been suspected by Indonesia for a long time because it often turned off VMS so that its existence could not be detected by the Indonesian government. This study will examine more deeply related to whether the action conducted by Silver Sea 2 Vessels violate Indonesian regulation and UNCLOS 1982? And is the legal enforcement of Illegal Unreported and Unregulated Fishing taken by Indonesian government compatible with UNCLOS 1982?. This research is a normative legal research with a statute approach, and a conceptual approach. Legal material collection techniques are carried out by examining the relevant literature, analyzing various legal references relevant to the problem related to the study to be analyzed further qualitatively and descriptively. The results showed that the actions of SS2 ships violated Indonesian legislation and UNCLOS 1982 and were appropriate when this case was handled by the Sabang district court.

Fish grabbing: Weak governance and productive waters are targets for distant water fishing.

Distant water fishing occurs worldwide as foreign fleets fish in the exclusive economic zones (EEZs) of other states. We test the hypothesis that host state governance performance is an explanatory factor in observed distant water fishing effort using Global Fishing Watch's fishing effort data obtained from vessels' automatic identification system (AIS). We examine the explanatory power of the World Governance Indicators (WGI), Gross Domestic Product (GDP) per capita, and biophysical fisheries productivity indicators (temperature, oxygen, salinity, nutrients, and primary productivity) on fishing effort from foreign fleets across the four most common gear types (fixed gear, longliners, trawlers, and tuna purse seiners). Our models include both host EEZ fishery productivity indicators and governance indicators with R2 values of 0.97 for longlining, 0.95 trawling, 0.95 for fixed gear and 0.82 for tuna purse seiners. Although a lack of good governance may enable illegal, unreported and unregulated fishing, the United Nations Convention of the Law of the Sea (UNCLOS) has enabled the legal establishment of foreign fishing contracts. However, it is unlikely that fishing contracts are decoupled from economic and political negotiations on other issues. We argue that it is worthwhile to consider the term "fish grabbing", meaning wealthier and politically more powerful states consciously seek to profit from fishing in the waters of often weaker states through developing legal fishing contracts.

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.