Illegal, unreported, and unregulated (IUU) fishing endangers marine ecosystems, food security, and the livelihoods of millions of people worldwide. IUU fishing, which is projected to cost up to $23.5 billion per year, hampers attempts to manage and conserve fisheries sustainably. Addressing this complicated issue requires strong maritime legal frameworks that include international cooperation, efficient enforcement, and comprehensive rules. This article examines existing legal frameworks for controlling IUU fishing, highlights obstacles in their execution, and discusses potential areas for improvement.
Several international agreements and conventions serve as a foundation for tackling IUU fishing. The United Nations Convention on the Law of the Sea (UNCLOS) outlines standards for conserving and managing living marine resources. UNCLOS requires governments to cooperate in fighting IUU fishing and establishes a framework for flag, port, and coastal states to exercise jurisdiction over vessels involved in IUU activities.
Regional Fisheries Management Organisations (RFMOs) regulate fishing activity in certain marine regions. These organisations create conservation and management plans, set catch quotas, and monitor compliance with fisheries legislation. However, problems like as limited resources, jurisdictional conflicts, and member state noncompliance reduce RFMOs’ efficacy in addressing IUU fishing.
The Food and Agriculture Organisation (FAO) established the Port State Measures Agreement (PSMA) in 2009 with the goal of preventing, deterring, and eliminating IUU fishing through strengthened port controls. The PSMA requires port nations to check foreign vessels, prohibit port access to suspected IUU operators, and share information to support enforcement operations. While the PSMA is a considerable step forward, its implementation remains unequal, with several nations yet to ratify or fully comply with its terms.
Furthermore, IUU fishing sometimes overlaps with other illegal activities including human trafficking, drug smuggling, and piracy, complicating law enforcement efforts. Limited resources, corruption, and political interests make it even more difficult to combat IUU fishing successfully.
Addressing IUU fishing involves a multifaceted approach that enhances existing legal tools while also addressing underlying governance challenges. Key strategies for improving maritime legal systems include:
- Strengthening Flag State Responsibility: Impose tougher requirements on flag states to implement laws on vessels flying their flags and hold them accountable for IUU fishing activity
- Enhancing Port State Controls: Encourage greater ratification and implementation of the PSMA, provide technical support to developing nations, and promote information sharing among port governments
- Improving Regional Cooperation: Increasing collaboration among RFMOs, improving data sharing methods, and harmonising fisheries management procedures to prevent regulatory gaps and loopholes
- Enhancing MCS Capabilities: Investing in satellite surveillance, electronic monitoring systems, and maritime tracking technologies to strengthen monitoring and enforcement capabilities
- Addressing Root Causes: Addressing the underlying drivers of IUU fishing, such as overcapacity, poverty, and a lack of alternative livelihoods, through sustainable fisheries management, economic development, and poverty alleviation programmes
Combating IUU fishing involves coordinated actions at the national, regional, and international levels. Strengthening maritime legal processes is critical for deterring IUU operators, promoting ethical fishing methods, and protecting the marine environment for future generations. By addressing governance gaps, improving enforcement capabilities, and encouraging stakeholder collaboration, the international community may make substantial progress towards eradicating IUU fishing and ensuring sustainable ocean governance.
Marex Media