wildlife crime

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Why Addressing Illegal Fishing Could Help Combat Piracy

Large fishing vessel operating in the South Pacific (Credit: www.afma.gov.au)

Large fishing vessel operating in the South Pacific (Credit: http://www.afma.gov.au)

There are many factors that may compromise fish abundance. Some, like the effects of raising temperature, acidification, algal blooms or changing currents can be difficult to predict and act upon. But illegal fishing is one cause of stock depletion that can be addressed and controlled.

Our grossly oversized global fishing fleets are engaged in a fierce effort to capture their share of a decreasing volume of fish stocks. This level of competition, plus a lack of effective fishing vessel controls encourage illegal fishing, organised transnational fisheries crime and cross-over criminal activities.[1]

Like other types of unlawful maritime activity, illegal fishing takes place with more frequency and intensity in coastal maritime regions that governments are less able to monitor, access and control. In these areas, legitimate economic activities have little official protection against the threat of abuse and crime.

Large industrial vessels can illegally harvest vast quantities of fish that subsistence fisherfolk in vulnerable areas depend on. Local official corruption frequently results in the illegal operators being protected and encouraged to act again. Given the efficiency of modern fishing vessels, protracted predatory incursions into the traditional fishing grounds of others may cause enduring fish depletion.[2]

The collapse of fish stocks and ensuing marine environmental degradation are good reasons to put illegal fishing control high on governments agendas. However, recent research by Markus Ludwig and Matthias Fluckiger, of the University of Basel, has highlighted an additional, compelling reason why illegal fishing should be stopped: Piracy.

Photo Credit: Fara Abdi Warsameh, Associated Press

Photo Credit: Fara Abdi Warsameh, Associated Press

Narratives linking foreign illegal fishing as a driver for piracy are not new (see, for example, the work of Bueger on Somali piracy as a form of fisheries vigilantism in Somalia).[3]

However, the Basel University study is novel, taking a wide snapshot of data from 109 coastal countries on the strength of an original, objective methodology to draw its conclusion: That a significant decrease in fish catches can encourage piracy in fishing communities.

The study found that a 1% increase in fish catches can result in a decrease in piracy activity by 1%. The researchers point out that detected increases in piracy activity are likely to be a reaction to the temporary lack in available legitimate income opportunities, rather than a willingness to engage in lifelong criminal careers.

According to the study, the effect of negative fishery productivity changes can be far-reaching, given the detrimental effect that piracy can have on maritime economic activities like transport and other trade.

The logical conclusion is that combatting illegal fishing and prioritising policy measures to discourage it including the prosecution of those involved in fisheries illegality and crime may also be seen as tool to reducing incentives for piracy.

For access to the paper by Ludwig and Fluckiger, see http://mpra.ub.uni-muenchen.de/56959 .

[1] For more information on this topic, see Interpol’s Project Scale http://www.interpol.int/Crime-areas/Environmental-crime/Resources .

[2] For a recently reported example, see the case of the Fiji tuna fisheries http://www.undercurrentnews.com/2014/01/20/fiji-tuna-groups-cut-down-fleet-as-industry-faces-total-collapse/ .

[3]http://www.tandfonline.com/doi/abs/10.1080/01436597.2013.851896#.U75_EdxU3fM .

 

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Sea Shepherd to Assist in Guatemalan Anti-Poaching Operations

In an unexpected turn of events, the Guatemalan Department of Fisheries has asked Sea Shepherd to assist in surveillance and patrol operations in its maritime waters, according to an article by Maritime Executive ( http://www.maritime-executive.com/article/Sea-Shepherd-Helps-Guatemala-with-Poaching-Problem-2014-02-11/). Concerned by high levels of poaching for Marlin during the winter and early spring months, the Guatemalan government will be relying on support from the SS vessel Brigitte Bardot.

It has also been reported that the Sea Shepherd, who have incorporated throughout various Latin American jurisdictions, will be rolling out an educational programme and a series of presentations on marine conservation in Guatemalan schools.

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Should States be internationally accountable for illegal and excessive fishing?

The global marine fisheries industry relies on harvesting limited living resource and requires careful regulation in order to prevent over-exploitation of fish stocks, but some characteristics of the sector make regulation extremely challenging. Factors such as the dual role of the State as ocean steward and economic actor and the policy of competitive open access to high seas resources adopted by the international community have resulted in important governance weaknesses.

One of the most pernicious consequences of inadequate governance is the pervasive presence of Illegal, Unreported and Unregulated (IUU) fishing. IUU fishing is a major contributor to overfishing and a significant obstacle to sustainability. Its effects extend beyond causing damage to fish stocks and the marine environment: IUU fishing has also been linked to organised crime and food insecurity. It has also been recognised as intrinsically damaging to the industry itself and to the global economy at large.

The international community, aware of the need for conservation and concerned that IUU fishing may have become a chronic industry malaise, has made a sustained legislative effort to clarify how shared marine resources should be managed and protected. As part of this trend, the conservation responsibilities of nations whose fishing vessels harvest the oceans beyond the boundaries of their Exclusive Economic Zones have been reinforced and clarified. But in spite of legislative developments IUU fishing and irresponsible overexploitation continue to be rampant.

It has been argued that the sustainable expansion of international law can only be supported by a corresponding development of structures and processes of legal accountability (Jutta Brunee, 2006). In light of this assertion, legislation to define the responsibilities of fishing nations should have been developed alongside associated accountability mechanisms. Has this been observed by international legislators in the context of global fisheries?

There is an emerging debate on the extent to which flag States should be held responsible for the IUU fishing activities of vessels flying their flags and the extent of their liability (Palma, Tsameny and Edeson, 2010). Despite the nebulous nature of State accountability in International Law, it is becoming increasingly important that debate on this subject gathers pace.