Scope of the Study

Illegal, Unreported and Unregulated Fishing: A Threat to Sustainable Fisheries and the Marine Environment

The issue of illegal, unreported and unregulated (IUU) fishing has been of increasing concern to the international community, particularly over the past decade. By disregarding laws and regulations, IUU fishing undermines sustainable fisheries management (Watson and Pauly 2001; Pauly et al. 2003; Agnew et al. 2009; Worm et al. 2009) and threatens both targeted and non-targeted fish species, and their associated and dependent ecosystems across the world’s oceans (Pauly et al. 2003; Pauly et al. 2005; Worm et al. 2006). Just the unlawful aspects, namely illegal and unreported fishing, account for catches with an annual value of as much as US$23.5 billion worldwide, which represents an estimated 11 to 26 million tonnes of fish, equivalent to approximately one-fifth of the global reported fish catch (Agnew et al. 2009). However, as global fisheries catch decreases (Watson and Pauly 2001; Hilborn et al. 2003; Pauly et al. 2003; Zeller and Pauly 2005) and the demand for fish rises (Delgado et al. 2003), IUU fishing becomes increasingly profitable for those directly involved ( High Seas Task Force 2006; Sumaila et al. 2006). The practice is further driven by overcapacity in the fishing industry (Hilborn et al. 2003; Zeller and Pauly 2005; Worm et al. 2009), which reduces opportunities for legitimate fishing. Poor management, together with ineffective enforcement measures and sanctions, has enabled IUU fishing to continue virtually unabated in all regions of the world (Agnew et al. 2009).

1. Port State Control: A Tool to Combat IUU Fishing

Under the U.N. Convention on the Law of the Sea, the activities of a vessel are the responsibility of the State to which that vessel is registered, commonly referred to as the flag State (UNCLOS 1982). When flag States are unable or unwilling to exert such control, their flags are sought out by those whose intention is to evade fisheries law, thus facilitating IUU fishing (Gianni and Simpson 2005). Although the main responsibility for enforcement is still with the flag State, international governance bodies are turning increasingly to States where IUU catch is landed to help prevent IUU-caught fish from entering international trade and key markets. By enforcing measures against vessels that have been found to engage in or support IUU fishing, these nations, referred to as ‘port States’, have the opportunity to significantly reduce the profitability of IUU fishing operations by denying IUU-listed vessels landing of fish, access to services and even port entry.

Port State measures are increasingly recognized as an efficient and cost-effective instrument, along with a range of other instruments, in the fight against IUU fishing. They can enhance the effectiveness of other useful monitoring, control and surveillance (MCS) tools, such as vessel-monitoring systems (VMS) and regional licensing, and can provide an effective deterrent to the transshipment of IUU-caught fish on the high seas (international waters beyond the jurisdiction of coastal states). In recent years, regional, national and international initiatives have focused on increasingly stringent port State measures to curb IUU fishing. After agreeing to a voluntary Model Scheme on Port State Measures to Combat Illegal, Unreported and Unregulated Fishing in 2004 (FAO 2007), the FAO adopted the legally binding Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (Port State Measures Agreement, or PSMA) in November 2009 (FAO 2009). Once this agreement is ratified by 25 signatories and enters into force, these States will be required to close their ports, prohibit the landing of IUU fish and deny port services to illegally operated or unregulated fishing and fishing-support vessels.

On the high seas, RFMOs provide frameworks for managing fish stocks and, accordingly, play a central role in combating IUU fishing. Made up of coastal States and fishing nations, RFMOs obtain regulatory power through the conclusion of international agreements to manage specific high seas fisheries or fisheries within a specific area of the high seas. In an effort to ensure sustainable management of fish stocks, RFMOs have developed conservation and management measures (CMMs) such as total allowable catch (TAC) and the allocation of fishing rights to CPs or individual vessels. Other measures to curb IUU fishing include certification schemes, international observer requirements and strengthened monitoring and surveillance. In general, however, these initiatives alone have not been successful in preventing IUU fishing (Erceg 2006).

Prior to the adoption of the PSMA, a number of RFMOs have already adopted port State measures for the fisheries under their jurisdiction. These were foreshadowed in a number of international instruments, such as the 1993 FAO Compliance Agreement (FAO 1993), the 1995 U.N. Fish Stocks Agreement (U.N. General Assembly 1995) and the International Plan of Action on IUU Fishing (FAO 2001), and they were recommended as an effective tool by the General Assembly’s Resolutions on Sustainable Fisheries. Eight RFMOs established lists of vessels that have been found to carry out or support IUU fishing within the RFMO convention area, with the aim of exposing offenders and applying restrictions. The CMMs related to port State control established the duties that RFMO CPs have as port States, regarding, inter alia, the denial of port entry, denial of landing of fish products, denial of access to port services, and port inspections of IUU fishing and support vessels.

2. Port State Performance: Do Port State Measures Effectively Curb IUU Fishing?

Pew’s Port State Performance research focused on the implementation and effectiveness of port State measures adopted by RFMOs. To achieve this, data were collected on the port visits of vessels on the IUU-vessel lists of eight RFMOs covering six years (2004–09).

Although IUU-listed vessels represent only a small fraction of those operating illegally, they are the only officially recognised IUU vessels and therefore provide a basis for evaluating the willingness or capacity of States to implement port State measures and the effectiveness of the current regulations. The research aims to identify the reasons for failures of compliance or lack of cooperation by port States and to evaluate the current implementation challenges they face. This is necessary in order to gauge whether the PSMA can be expected, once in force, to lead to a substantial reduction in IUU fishing.

An assessment of the eight RFMOs aims to evaluate the roles each plays in combating IUU fishing. Examination of the duties and the various port State measures adopted by these RFMOs allows for identification of their strengths, as well as any weaknesses that need to be addressed. Accordingly, clear and specific recommendations are provided to address the issues identified by our research and to encourage RFMO CPs to comply with port State measures.