Illegal, Unreported and Unregulated Fishing on the High Seas: The Port State Measures Agreement in Context

2014 ◽  
Vol 29 (2) ◽  
pp. 290-320 ◽  
Author(s):  
Emma Witbooi

Despite stepped-up efforts to tackle illegal, unreported and unregulated (iuu) fishing on the high seas, it is flourishing. The threats that it poses, ranging from adverse effects on fish stocks to the destabilisation of coastal communities, warrant renewed urgent concern about its proliferation. There is general agreement amongst commentators, regulators and those on the ground alike that a multi-pronged approach to tackling iuu fishing is required which creatively employs the complementary legal tools currently available. The potential power of port state controls, as a relatively simple and economic means of hitting at the profitability of iuu fishing has recently received attention, in part due to the adoption of the 2009 fao Agreement on Port State Measures. This article provides input into the potential of this Agreement to meaningfully advance current efforts in tackling iuu fishing, particularly from an enforcement perspective, in combination with other existing regulatory efforts towards this end.

10.29007/npz9 ◽  
2019 ◽  
Author(s):  
Ramón Aranda ◽  
Hugo Carlos

Fishing is an ancient practice that dates back to at least the beginning of the Upper Paleolithic period about 40,000 years ago. Nowadays, Fishing is one of the most important activities, as it provides a source of food and economic income worldwide. A key challenge in ecology and conservation is to decrease the Illegal, Unreported and Unregulated fishing (IUU). IUU fishing depletes fish stocks, destroys marine habitats, distorts competition, puts honest fishers at an unfair disadvantage, and weakens coastal communities, particularly in developing countries. One strategy to decrease the IUU fishing is monitoring and detecting the fishing vessel behaviors. Satellite–based Automatic Information Systems (S– AIS) are now commonly installed on most ocean–going vessels and have been proposed as a novel tool to explore the movements of fishing fleets in near real time. In this article, we present a dictionary–based method to classify, by using AIS data, between two fishing gear types: trawl and purse seine. The data was obtained from Global Fishing Watch. Our experiments show that our proposal has a good performance in classifying fishing behaviors, which could help to prevent overexploit and improve the strategies of the fisheries management.


1999 ◽  
Vol 14 (4) ◽  
pp. 467-490 ◽  
Author(s):  
Robin R Churchill

AbstractIn May 1999 Iceland, Norway and Russia signed an agreement (the "Loophole Agreement") designed to resolve a six-year dispute over unregulated fishing by Icelandic vessels for straddling stocks in an enclave ("the Loophole") of high seas in the central Barents Sea. The Agreement, which gives Iceland fishing rights in the Norwegian and Russian EEZs in return for ceasing fishing in the Loophole, is an example of direct co-operation between coastal and high seas fishing states over the management of straddling fish stocks on the high seas which the 1995 UN Agreement on the Conservation and Management of Straddling Fish Stocks envisages as a possible alternative to management through a regional fisheries organisation. The article explains why the parties have chosen this model rather than utilising the existing regional fisheries organisation or establishing a new regional fisheries arrangement; and compares the Loophole Agreement with arrangements for some other high seas enclaves.


The term ‘pollution’ is taken in its broadest sense and effects are recognized to be due to interference, tainting and toxicity. Each of these types of impact is discussed and assessed. It is concluded that no long-term adverse effects on fish stocks can be attributed to oil but that local impacts can be extremely damaging in the short term and that produce from specific localities can be tainted and unmarketable for long periods. In some coastal areas oil can be one among several contributors to reduced water quality, and the implications of this are discussed.


2004 ◽  
Vol 19 (3) ◽  
pp. 289-298 ◽  
Author(s):  
Moritaka Hayashi

AbstractThis article considers the gaps in the existing legal regime on deep-sea fisheries and explores a more effective global governance system. It is proposed that a new global agreement, modeled on the 1995 UN Fish Stocks Agreement, be negotiated covering deep-sea stocks as well as other high seas resources, so that all fisheries on the high seas may be covered. The proposed agreement would complete the gaps in high seas fisheries regime and serve as an effective link between the UN Convention on the Law of the Sea and regional fisheries bodies. As a short-term measure, FAO should prepare a set of guidelines covering all types of deep-sea fisheries, including shared and transboundary stocks as well as discrete high seas stocks. In addition, FAO's Committee on Fisheries should be strengthened in its global governance role, including co-ordination of all regional fisheries bodies


2020 ◽  
Vol 9 (1) ◽  
pp. e24911566
Author(s):  
Deby Indah Lestari ◽  
Arfian R. Putra ◽  
Amanda Yofani Larasuci

Illegal, Unreported and Unregulated Fishing is known as a global serious threat and become International major issues. Indonesia, as one of the biggest archipelago countries and Mega Biodiversity that has rich, various, and potential marine resources has succeeded in attracting domestic fisheries and foreign fisheries to commit Illegal, Unreported and Unregulated Fishing (IUU Fishing) practices. This research aims to understand the phenomenon of Illegal, Unreported and Unregulated Fishing in Indonesia and to understand the consequences of IUU Fishing practices to the coastal community and the maritime security state actors. This research finds that IUU Fishing practices have significant and negative impact towards Coastal communities on Economic, Environmental, and Social aspect. Furthermore, IUU Fishing practices has also significant and negative impact on the integrity of Maritime Security State Actors in protecting Indonesian waters.


2021 ◽  
Author(s):  
◽  
Brenton Hodgson

<p>Globally, commercially exploited fish species are coming under more and more pressure as the population of humans grow. Protein from the sea has traditionally been available to coastal communities throughout history. In modern times however, traditional artisanal fisheries have been replaced by commercial fishing industries. It is estimated by some authorities that these modern fisheries have led to decreases in pre-exploitation biomass of desirable species of up to 90%. As desirable species decline, secondary species become more valuable and subject to exploitation. An issue with this exploitation is that management decisions of fish stocks are often based on political or commercial concerns rather than sound science focussed on preserving stocks, and ultimately, fishing industries. To investigate phylogenetic and phylogeographic relationships of fish, kahawai (Arripis trutta) was used as a proxy species. A. trutta is one of only four members of the genus Arripis, which in turn is the sole member of the family Arripidae. It was found that a single, highly connected population of A. trutta inhabit New Zealand waters, and approximately 15 migrants per generation make the journey between New Zealand and Australia, genetically linking these populations. A phylogeny of A. trutta was resolved using mitochondrial DNA, and while COX1 data supported the hypothesis that A. trutta forms a monophyletic clade within the Stromateoids (medusa fish, squaretails and drift fish) and the Scombrids (tuna, mackerel and their allies) suggesting a common ancestor, other data collected during the investigation does not support this hypothesis.</p>


1999 ◽  
Vol 14 (1) ◽  
pp. 1-25 ◽  
Author(s):  
A.E. Boyle

AbstractModern fisheries law has for some time recognised the special interest of coastal states in the management of adjacent high seas fisheries. It has been slower to acknowledge a comparable interest on the part of high seas fishing states in the conservation and management of EEZ stocks by coastal states. This imbalance of rights and obligations between these two groups of states continues to be reflected in the fisheries articles of the 1982 UNCLOS and in the 1995 Agreement on Straddling and Highly Migratory Fish Stocks. Much of the Law of the Sea Convention is about balancing the interests of different groups of states, and maintaining that balance is one of the reasons for adopting the principle of compulsory binding dispute settlement of disputes in Part XV of the Convention. Disputes about straddling fish stocks are necessarily disputes about the balance between coastal and high seas fishing states, and more generally, about the interest of the international community in sustainable management of stocks. Despite the significant changes which the 1995 Agreement makes to the substantive UNCLOS fisheries law, it remains far from clear that disputes concerning coastal state overfishing or inadequate management of straddling stocks within its own EEZ can be the subject of any form of binding process initiated by another fishing state or entity, even if there is a serious impact on the viability of stocks in other EEZs or on the high seas beyond national jurisdiction. But while coastal states and high seas states may have unequal rights and obligations with regard to fisheries access and management, they do have an equal interest in access to dispute settlement options. Both share a need for authoritative interpretation of difficult and complex texts; in both cases compulsory dispute settlement may be required in the event of failure to reach agreement on the management of shared access to straddling stocks. To hold that only coastal states have the right to compulsory binding settlement in such cases is to stabilise and protect one side of an equitable balance while leaving the other side vulnerable to erosion and instability. The question whether disputes concerning all or part of a straddling stock fall inside or outside compulsory jurisdiction is thus more than a technical question of treaty interpretation. It poses some fundamental questions about the nature of equitable utilisation as a legal principle governing use of common resources. Both in the interests of equitable access to justice, and the effective management and sustainable use of straddling stocks, compulsory jurisdiction should apply to all aspects of such a dispute. The rights of coastal states


1999 ◽  
Vol 1999 (1) ◽  
pp. 607-612
Author(s):  
Alexis Steen ◽  
David E. Fritz ◽  
William Stubblefield ◽  
Jeffrey Giddings

ABSTRACT A research project was commissioned by the American Petroleum Institute (API) to summarize information on freshwater spill environmental effects. While threats to migrating fish stocks or aquatic mammals may be primary concerns following an ocean spill, adverse effects to benthic invertebrates, reptiles, amphibians, waterfowl, fish hatcheries, shoreline vegetation, or public drinking water intakes may be the focus of a freshwater event. Environmental effects from spilled petroleum constituents and whole oils are discussed. Research needs are identified.


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