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1.
Globally, illegal, unregulated and unreported (IUU) fishing challenges economic development, as well as food and human security, and has done so for many years. Despite the implementation of legal responses to IUU fishing by the international community and many States, the problem continues. While political will, the vastness of oceans and limited human and financial resources hamper the effectiveness of these responses, fragmentation has also prevented effective control. IUU fishing is addressed by legal controls across fishing, shipping, labour and criminal law and existing research on IUU fishing has tended to focus on individual aspects of these, yet evidence indicates their interconnectedness. This research addresses a gap, critically analysing the range of international legal frameworks together. Within this context, this paper explores and analyses the how fragmentation of legal instruments, lack of interaction between actors and regimes, and piecemeal implementation of the law limits the control of IUU fishing drawing on the concept of regulatory pluralism to appropriately address the challenges.  相似文献   

2.
We present a conceptual model for the analysis of the costs and benefit aspects of the risk inherent in illegal, unreported and unregulated (IUU) activity. We then develop and present a map of IUU incidences as reported in the Fisheries Centre's Sea Around Us project IUU global database. This map shows that IUU activities are quite widespread geographically. We next present an analysis of the cost and benefit aspects of risks of IUU fishing. A key result of the study is that for the cases analyzed as a group; the expected benefits from IUU fishing far exceed the expected cost of being apprehended. For an assumed 1 in 5 chance of being apprehended, our calculations show that reported fines for the vessels apprehended will have to be increased by 24 times for the expected cost to be at least as much as the expected benefits.  相似文献   

3.
The opportunities for operators to increase their revenue when illegal, unreported and unregulated (IUU) fishing catches are converted to currency through the market encourage the persistence and growth of this activity. It is often the same market that is targeted for the legal trade of fish. Thus, paradoxically, the market demand creates and incites it, at least from an economic point of view. To deter IUU fishing activities, some fish and fishery products importing countries have started to enact or implement additional regulatory measures, the goal of which is to tackle the problem from a new trade-related perspective. This contribution provides an analysis of various aspects of the market state competence. Within the framework of the European Union (rights and markets) the study analyses the emergence of regional trade-related measures and explore how they are linked to the international trade law regime especially the World Trade Organization rules. Finally, the paper draws implications for the market state measures and considers their limits and potential in combatting IUU fishing.  相似文献   

4.
Illegal, unreported and unregulated (IUU) fishing activities continue to thrive in the northern region of Australia's Fishing Zone (AFZ). Indonesian fishermen involved in IUU fishing in this area target specific marine species such as shark, reef fish, sea cucumber and trochus that are destined for the Asian market. Many of these marine species’ stocks are now at critical levels. Local communities based in Northern Australia, state and Federal governments are also concerned with issues of border security and quarantine measures that coincide with the IUU fishing activities. Whilst Australian and Indonesian governments continue to negotiate this pressing issue, international instruments, bilateral agreements and domestic policies are not deterring Indonesian fishermen from pursuing IUU fishing activities in the AFZ.  相似文献   

5.
Measures to combat illegal, unreported and unregulated (IUU) fishing increasingly seek to constrain access to markets. These measures include enhanced seafood traceability and catch documentation schemes, the blocking of port access and landings, the identification and assessment of vessels engaged in IUU fishing and the prohibition on imports, transhipments or trade of fish products. It is important that such measures are in accordance with international law, including the agreements of the World Trade Organisation (WTO). This article evaluates a range of market-related measures for compatibility with international trade law, including the General Agreement on Tariffs and Trade (GATT) and the Agreement on Technical Barriers to Trade. The law requires measures to be non-discriminatory and, for certain technical regulations, not more trade-restrictive than necessary to achieve a legitimate objective. However, there are exceptions to these rules, including for measures relating to the conservation of exhaustible natural resources or for measures necessary for the protection of animal life or health, public morals, or to secure compliance with certain laws or regulations. While the design of current unilateral measures to combat IUU fishing appears to accord with trade law requirements, this article argues that there is scope for a wider and more collective approach. In this vein, new provisions in the recently concluded Trans-Pacific Partnership (TPP) are identified. The article concludes with recommendations for governments, international organisations, private actors and the global community wishing to take action in this area.  相似文献   

6.
Illegal, unreported and unregulated (IUU) fishing activities are widely considered a main cause of unsustainable fisheries across the globe. The EU has taken a leading role in the fight against IUU fishing, using both its market and normative power to advance its EU IUU Regulation (no. 1005/2008) and wider fisheries sustainability agenda outside its territory. This paper examines how successful the EU has been in using its market and normative power to influence regulatory strategies and frameworks governing tuna fisheries in the Pacific Islands region of the Western Pacific Ocean. The results indicate that while the market power of the EU remains an influential factor, the diminishing normative power of the EU in WCPO is weakening any attempts to implement its IUU fishing regulation and Pacific Island nations have promoted their own regulatory agenda. We conclude that the changing asymmetries between market and normative power has led to a differentiated geography of regulatory uptake, and while market power will remain a dominant strategy for the EU, normative power, when exercised should focus on cooperation rather than ‘teaching’ the benefits of an EU regulatory approach.  相似文献   

7.
One way that illegal, unreported, and unregulated (IUU) fish catch is laundered into the seafood market is through transshipments at-sea. This practice, which often occurs on the high seas (the areas of ocean beyond national jurisdiction), allows vessels fishing illegally to evade most monitoring and enforcement measures, offload their cargo, and resume fishing without returning to port. At the same time, transshipment at-sea can facilitate trafficking and exploitation of workers who are trapped and abused on fishing vessels. This study gives an overview of high seas transshipment as well as evaluates transshipment at-sea regulations across 17 Regional Fisheries Management Organizations (RFMOs), which are responsible for regulating fisheries on the high seas. Transshipment at-sea regulations have become increasingly strict in most RFMOs since the late 1990s. However, only five RFMOs have mandated a partial ban, and only a single RFMO, the South East Atlantic Fisheries Organization (SEAFO), has mandated a total ban on transshipment at-sea. A total ban on transshipment at-sea across all RFMOs would support the ability of oversight and enforcement agencies to detect and prevent IUU fishing and also likely reduce human trafficking and forced labor on the high seas.  相似文献   

8.
It is widely recognized that fishing states are obliged to exercise flag state responsibility over their vessels. In an attempt to become a responsible fishing actor, Taiwan has endeavored to manage its distant water fishing fleet in accordance with international fisheries management. However, the long-standing problems of illegal, unreported and unregulated (IUU) fishing, fish laundering, and fishing overcapacity, which remained unsolved during the 1990s and early 2000s, brought its management capability into doubt. Failure to address these problems undermined the credibility of all management measures and ultimately resulted in a recommendation adopted by International Commission for the Conservation of the Atlantic Tunas (ICCAT) in 2005. This recommendation significantly affected Taiwan's distant water fishing policy. This paper examines how Taiwan assimilated this outside force into its fishing policy as a new response to international fisheries management and how fishers perceived this response. It shows that Taiwan's efforts in controlling distant water fisheries marked a big change, specifically manifest in three noticeable actions - reducing excessive bigeye-targeted efforts, deterring IUU fishing, and strengthening fisheries management. The study advises that management of small tuna vessels be effectively exercised and recommends future actions on providing subsidies for fishers to partially offset costs incurred by rule compliance, streamlining their administrative work, enhancing communication with them, putting more enforcement and meaningful penalties in place. Finally, the study indicates the existence of an interaction in the international fisheries management scheme, potentially favoring Taiwan to bargain for fishing rights and a favorable status in the participation of regional fisheries management organizations (RFMOs) in the future if it continues to exercise effective control of distant water fisheries.  相似文献   

9.
The use of trade measures to combat illegal, unreported and unregulated (IUU) fishing in the Northeast Atlantic has evolved from unilateral denial of the landing of fish taken outside international quota arrangements to a multilateral Scheme of Control and Enforcement under the North-East Atlantic Fisheries Commission (NEAFC). International trade rules have not constrained this development, mostly due to successful management of the interplay between international resource management and trade regimes. States protect resource management objectives from such constraint by inserting clauses that establish a normative hierarchy, or they employ various means for adapting IUU measures to the ‘environmental window’ of the global trade regime. The fact that regional states have introduced trade restrictions only when non-restrictive or less restrictive measures have failed enhances such compatibility, as do the gradual shift from unilateral to multilateral measures and the rise in transparency, openness and target-state involvement. None of those features reduces the effectiveness of regional trade measures; they minimize tension with trade commitments and largely strengthen their clout in the struggle to combat IUU fishing in the Northeast Atlantic.  相似文献   

10.
In 2001 FAO published the “International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing”. Based on this plan, national and supranational authorities have developed legislation to fight the so called IUU fishing. A key aspect of the legislation proposed so far is the mandatory recording of some data elements and the requirement that these data should be available for access through a traceability system. This article outlines a general framework for evaluation of these types of requirements, using a predictor-outcome N-way matrix. A “good practise” system is described, against which the existing systems and practises can be evaluated. The framework can be used to assess if the regulatory requirements ensure that the relevant IUU fishing identification data are made available, and it can also be used to evaluate the requirements imposed on the traceability system.  相似文献   

11.
Assessment of IUU fishing for Southern Bluefin Tuna   总被引:1,自引:0,他引:1  
Illegal, unreported and unregulated (IUU) fishing is recognized as one of the largest threats to the sustainability of the world's fisheries. This paper focuses on IUU fishing in the context of unreported catches by members or co-operating non-members of regional fisheries management organizations (RFMOs) and their implications for scientific assessments of stock status and management advice. A review of Japanese market statistics was undertaken in 2006 by an independent panel in relation to catches of southern bluefin tuna (SBT). Based on this review, the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) concluded that very substantial and continuous unreported catches of SBT had been taken by longline vessels since at least the early 1990s. While uncertainty exists about the fleets contributing to these IUU catches, the assumption used within the CCSBT Scientific Committee is that a significant proportion of these were taken by Japanese longliners. Implications of these unreported catches for the stock assessments by RFMOs are discussed in light of the central role that Japanese vessel reported data have in the assessment of the world's tuna and billfish stocks. Results indicate that it is plausible that the unreported catches of SBT stem from the misreporting of catches as other tuna species and/or the location of fishing effort. The magnitude and extended period of the unreported SBT catches highlight the wide-spread risks of relying on fishery dependent logbook data in the absence of verification. An urgent need exists for minimum standards of verification of catch, effort and landing statistics for use in scientific assessments. The fisheries science community needs to be more pro-active in the development of such standards and the implementation of independent monitoring and verification. In addition, there is a need to reform the operation of the scientific bodies of RFMOs in terms of transparency, the treatment of uncertainty and the burden of proof if they are to be effective in providing objective scientific advice consistent with the intent of international agreements.  相似文献   

12.
The paper presents the results of a major assessment of Code adoption and implementation in nine fishing countries in Asia (China, Thailand, Vietnam), Africa (Senegal, Guinea Bissau and Guinea) and in the Caribbean (Jamaica, Dominican Republic and Trinidad & Tobago), which are part of the international research project ECOST. The main findings are that the Code as an international policy instrument remains relevant and adaptable to the current international fisheries context, and that its guiding principles and provisions have been endorsed and adopted in almost unanimous fashion by the countries covered, and integrated into fisheries policy letters and legal frameworks. However, results also suggest that tackling the truly difficult issues in fisheries, such as combating illegal, unreported and unregulated (IUU) fishing or adjusting fishing overcapacity has been a lot less successful. The design and implementation of necessary measures often remains very weak in domains with important economic and political dimensions. The causes for this are attributed to a mix of administrative inertia, lack of political will and stamina, and short-sighted economic considerations.  相似文献   

13.
The relationship between annual growth in the catches of fishing nations and the quality of the institutions of those nations is analysed. Catch volumes are used as a proxy for development, since economic performance indicators based on a common set of definitions do not exist. 49 major fishing nations were selected for this study, including 22 OECD countries and several developing countries. Three general good governance indices, for government-efficiency (World Bank), corruption (Transparency International) and competitiveness (World Economic Forum) and one fishery specific FAO Code of Conduct compliance index were used. The correlation between fisheries' performance and the indices proved to be spurious, but OECD members achieved a statistically significant negative growth in catches between 1987 and 2007. The countries are divided into five groups, including ‘Winners' and ‘Losers', with reference to catch growth rates over two decades. Most of the OECD countries fell into the category ‘Losers', whereas “Winners” includes many developing countries with lower quality institutions. Some countries had experienced an amazing growth in catches, while others had experienced a decline. The future prospects for both categories are discussed.  相似文献   

14.
Taiwan used to have the biggest precious coral fisheries industry in the world. However, due to changes in the fishery, including increased fishing restrictions and the replacement of obsolete vessels, the scale of the industry had been gradually reduced since 1979. Unfortunately, the initiative proved to be poorly managed and resulted in an increase in illegal, unreported and unregulated (IUU) coral fishing. This forced the government to review and amend the precious coral fisheries management regulations, which had been in place for decades. The Taiwanese government introduced stringent monitoring, control and surveillance (MCS) management methods, already used in deep water fisheries, as a precautionary approach. At the same time, an investigation and evaluation of existing resources was carried out. Together, these initiatives were introduced in order to encourage the domestic industry to adopt the concept of ecosystem-based fishery management.  相似文献   

15.
This paper explores the economic environment that makes informal fish trading possible, the nature of these activities and how they are interconnected or might stimulate IUU fishing activities in the port of Progreso, Yucatan, Mexico. The main argument is that fish trading by middlemen has been developed within the scope of an informal sector which depends on the existence of structural and organizational factors such as: a dual economic system where the formal and informal sectors are complementary, and an institutional environment and a socio-economic network that interconnects both sectors and supports the activity. Research for this study was carried out during 2008 and 2009 in the port of Progreso, Yucatan, Mexico. The survey strategy was a non-probability sample adapting and combining chain referral techniques because middlemen in this region are a hidden population. Findings indicate that the main motivation for middlemen to remain underground is to maximize benefits. In order to do so, they need to build a socioeconomic network which is the center of their trading system. This way of operating generates incentives for fishers to fish illegally because middlemen would buy their products even if they do not meet formal regulations.  相似文献   

16.
In order to avoid conflicts when spatially explicit rules are implemented, it is critical to understand the spatial distribution of fishing effort, the migration patterns of fishermen and the use of temporary fishing camps. The migration of fishermen is a process shaped by historical patterns of resource availability, in addition to economic and political factors. We present an example in which a temporary fishing camp used for extraction of benthic resources (Loco: Concholepas concholepas) changed into a permanent one during the study period. Throughout the study period fishing effort (trips) was closely related to the productivity of the different fishing grounds, with more trips directed to the most productive areas. The conversion from a temporary to a permanent fishing camp did not improve the efficiency of the loco fishery, but did allow better access to alternative resources (surf clams) on nearby fishing grounds. The succession from simple shelters to a permanent ‘caleta’ is a common situation along the Chilean coast, motivated originally by resource availability and more recently by the creation of the TURF system. In particular the TURF system converts temporary (resource driven) movements of fishermen into rigid stationary caletas, which creates a number of problems. Temporary fishing camps are common when fishing grounds are far from the base port, but they require specific administrative tools in order to achieve sustainable fisheries management.  相似文献   

17.
《Marine Policy》2005,29(5):421-430
Discards refer to that part of the catch returned to the sea during fishing operations. This study assesses the consequences, causes, and potential solutions to the discard problem using the example of North Sea fisheries. Fishermen's immediate objectives during fishing operations and the low confidence in projected gains from discard reduction measures have promoted use of unselective trawls while the poor enforcement of the quota system has exacerbated discard quantities. It is concluded that a reduction in discard rates is required for a long-term solution to the ecological and economic costs of discarding and the development of fishing opportunity incentives can promote the use of more selective fishing techniques.  相似文献   

18.
Recreational fishing mortality can have a major impact on coastal fish populations, bringing recreational fishers into conflict with commercial fisheries. This article reviews exclusion zones for commercial fishing, or ‘recreational fishing areas’ as a solution to the conflict between commercial and recreational fisheries. Recently designated recreational fishing areas in the state of Queensland, Australia are examined as a case-study. The goal of recreational fishing areas is to enhance recreational fishing and provide economic opportunities through charter fishing. However, recently designated recreational fishing areas in Queensland have not been thoroughly assessed for their social, economic and environmental impacts and they are not integrated within existing management frameworks for fisheries. The designation of recreational fishing areas is thus a shift away from evidence-based management in Queensland's fisheries and has likely occurred solely for political reasons – there are more voters in the recreational fishery than commercial fishery. In Queensland, excluding commercial fishing on its own is unlikely to result in long-term benefits to recreational fisheries because recreational harvest is a major component of fish harvest for some key species and there is no legislated limit to recreational harvest. Current political attention on recreational fishing areas provides an opportunity for fisheries managers, politicians, conservation groups and the public to discuss what is needed to manage sustainable coastal fisheries. In particular, recreational fishing areas need to be combined with efforts to enhance stewardship among recreational fishers if they are to be successful in the long-term.  相似文献   

19.
To design an effective capacity management plan for small-scale fisheries one must understand what one is measuring and define its capacity. As recognized by some authors, overcapacity is a problem that generally affects small-scale fisheries just as much as it does other types of fishing. This study aims to estimate fishing capacity, technical efficiency, scale efficiency and capacity utilization in a particular small-scale fishery in the Mediterranean, i.e., the Northwest Sardinian fleet in Italy. A non-parametric approach using a data envelopment analysis (DEA) model was applied to a sample of trawls in order to estimate their economic capacity, and related measurements were taken. The capacity and efficiency with reference to two different alternative scenarios were also calculated.  相似文献   

20.
In countries like Sierra Leone, where stock assessments based on fisheries-independent data and complex population models are financially and technically challenging, catch statistics may be used to infer fluctuations in fish stocks where more precise data are not available. However, FAO FishStat, the most widely-used time-series data on global fisheries ‘catches’ (actually ‘landings’), does not account for Illegal, Unreported, and Unregulated (IUU) catches and relies on statistics provided by the national agencies of each member country. As such, reported FishStat data is vulnerable to changes in monitoring capacity, governmental transitions, and budgetary constraints, and may substantially underestimate the measure of extracted marine resources. In this report, Sierra Leone's total catches by all marine fishing sectors were estimated for the period 1950–2015, using a catch reconstruction approach incorporating national data, expert knowledge, and both peer-reviewed and grey literature. Results demonstrate that a substantial amount of marine resource exploitation is not represented in official statistics, and reconstructed catches represent more than 2.25 times the recorded FAO Fishstat values. Notably, foreign fleets take the vast majority of industrial catch in Sierra Leone's EEZ, indicating that most of the resource catch and revenue is diverted to foreign companies and export markets. While foreign actors dominate the industrial sector, the small-scale sector represents the majority of domestic catch. Illegal fishing is also a substantial challenge in Sierra Leone, and extracts a large amount of the country's marine fish resources. Reconstructing catches in Sierra Leone also highlights the impacts of various historical events such as Sierra Leone's civil war and post-war reconstruction on the development of the fisheries sector. The results found in the reconstruction present a large discrepancy from FishStat data, with considerable implications for assessment of stocks and management of Sierra Leone's marine resources.  相似文献   

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