The Implications of Global Champaign to Combat IUU fishing for Taiwan 1. By Wan-Chun Ho. II. Current Global Campaign to Combat IUU Fishing

Transcription

1 The Implications of Global Champaign to Combat IUU fishing for Taiwan 1 By Wan-Chun Ho I. Introduction II. Current Global Campaign to Combat IUU Fishing 1. The evolution of current international fisheries regime to combat IUU fishing 2. Multilateral cooperation III. Implications for Taiwan IV. Conclusion I. Introduction IUU fishing, according to the U.N. Food and Agriculture Organization (FAO) definition, includes illegal, unreported and unregulated fishing taking places in domestic waters and high seas, has become one of the major serious global threats. According to FAO report in 2012, about 87% of global fisheries are either fully exploited or overexploited. The IUU fishing has worsened the situation. Also it is 1 This article is still in the initial stage of writing. Please do not cite. 1

2 estimated that half of the IUU fishing in terms of value occurs on the high seas. 2 Over the past decade, the international community has aware of the detrimental impacts brought by the IUU fishing activities and gradually recognized that international cooperation could be one of the most efficient methods to deter and eliminate IUU fishing. Although mainly driven by economic incentives, IUU fishing has cause seriously losses in all aspects including economy, environment and society. It is estimated that the catches of IUU fishing has caused a global loss between US$9 billion to US$24 billion annually. 3 On top of the economic loss, IUU fishing has also undermines the sustainability of fishery management and jeopardizes biodiversity conservation. In addition, IUU fishing takes huge toll on human life through dangerous working conditions on board the vessels and poor vessel standards. Although IUU fishing has been considered as one of the most important sources of problems frustrating the sustainable management of world fisheries resources, current international law of fisheries is ineffective to reduce IUU fishing. A lack of effective flag state control, mismanagement of the RFMOs and lack of efficient regulated regime have been identified as the root causes of the IUU fishing. 4 The level of Illegal, Unreported and Unregulated (IUU) catch still remains as the most 2 Ocean in peril 3 Estimating the worldwide extent of illegal fishing 4 2

3 serious threat to the global fishing industry. It is estimated that up to half of the IUU fishing in terms of value occurs on high seas. This article considers the problems of IUU fishing on the high seas. It goes further to address the evolution of international fisheries law and current global actions against the IUU fishing. In the last part, it addresses the implications of current global campaign to fight IUU fishing for Taiwan. II. Current Global Champaign to Combat IUU fishing 1. The evolution of current international fisheries regime to combat IUU fishing Over the past decade, the international community has aware of the detrimental impacts brought by the IUU fishing and has gradually recognized that international cooperation could be one of the most efficient methods to deter and eliminate IUU fishing. As a result, International concern about IUU fishing has been apparent and a series of international actions have been initiated since the 1990s. The 1993 Compliance Agreement The 1993 Compliance Agreement targets at flag state problems and requires flag states to ensure that fishing vessels entitled to fly its flags do not engage in any activities that undermines the effectiveness of international conservation and 3

4 management measures. 5 The 1995 FAO Code of Conduct In 1995 the FAO Conference adopted the FAO Code of Conduct for Responsible Fisheries in order to promote long-term sustainable fisheries. It emphasizes that "the right to fish carries with it the obligation to do so in a responsible manner so as to ensure effective conservation and management of the living aquatic resources." It sets forth the basic principles and management measures for the agreed nations to apply when engaging fishing activities. 6 The 1995 UN Fish Stock Agreement The 1995 UN Fish Stock Agreement strengthens the duties of both coastal and fishing states to cooperate on high sea fisheries. The agreement requires that only states that are members of the RFMOs or apply the conservation and management measures taken by the RFMOs have access to fisheries. 7 The agreement also requires the flag states to take responsibilities to prevent their vessels in engaging IUU fishing and encourages port states to take inspection measures to prevent transshipment or landing of IUU fishing products. Although RFMOs are striving to manage and 5 Trading fish saving fish 48 6 The Law of Sea: progress and prospect, Fish Stock Agreement 8(3) (4) 4

5 implement more effective measures to conserve fish stocks, they fail to manage the issue of IUU fishing properly. The IUU fishing activities continue to expand. 8 This unresolved problem of IUU fishing is challenging the global fishery conservation. The 2001 International Plan of Action-IUU In order to effectively address the issues of IUU fishing, the FAO has adopted the International plan of Action to Prevent, deter and eliminate Illegal, Unreported and Unregulated Fishing, a voluntary program that encourages countries to take actions against IUU fishing in The measures contained in the IPOA-IUU comprehensively focus on all State responsibilities, flag State responsibilities, coastal State measures, port State measures, internationally agreed market-related measures, research and regional fisheries management organizations. IPOA-IUU, voluntary in nature, is a critical part of the high seas governance framework in a substantive way. It calls on all states to take effective measures globally, regionally and nationally to combat IUU fishing. 9 The 2009 Port State Measures Agreement The Port State Measures Agreement by the U.N. Food and Agriculture 8 The Law of Sea: progress and prospect Citation to be added 5

6 Organization was adopted in The main purpose of the Agreement is to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing through the implementation of various port State measures. The Agreement encourages port States to apply measures proposed by the agreement in an effective manner to foreign vessels when seeking entry to ports or while they are in port. The application of the measures set out in the Agreement will contribute to harmonized port State measures, enhance regional and international cooperation and stop the flow of IUU-caught fish into national and international markets. Since the adoption, four other major regional fishery management organizations have strengthened their port controls. 10 The Port State Measures Agreement is the first binding global instrument focused specifically on combating IUU fishing. It establishes minimum standards for the conduct of dockside inspections and training of inspectors and, most significantly, it requires parties to restrict port entry and port services for vessels known or reasonably suspected of having been involved in IUU fishing. 11 The 2013 voluntary guidelines for flag state performance In 2013, the FAO member states adopt a voluntary guideline for flag state 10 ed-in-eastern-pacific-but-iattc-rejects-action-on-sharks-and-illegal-fishing #sthash.arxc1 qx2.dpuf 11 Citation to be added 6

7 performance after several years of negotiation. The proposed guidelines include: performance assessment criteria and proposed procedures for carrying out these performance assessments; cooperation areas between flag states and coastal states; looking at ways to cooperate with and assist developing states in their capacity as a flag state; and the role that FAO can play in supporting these processes. The guidelines also look at ways to encourage compliance and deter non-compliance by flag states. The guidelines make recommendations for encouraging and helping flag states to comply with their international duties and obligations regarding the flagging and control of fishing vessels. They also present possible actions in response to non-compliance. Additionally, in order to support the development of the guideline, the FAO will provide technical assistances to countries that adopt the guideline and monitor its implementation. Nevertheless, the extent of flag states responsibilities remains opaque. Although much has been written on flag state responsibilities, the extent to which a flag state should be held liable when conduct IUU fishing remains unclear Multilateral cooperation In 2011, the EU and the United States signed an joint statement to call for cooperation on adopting effective management measures in regional and international 12 Citation to be added 7

8 organizations to combat IUU fishing and promote tools that prevent IUU fishing operators from benefiting economically from their activities. The United States and the European Union will also share information on illegal fisheries and promote the sustainable use of fisheries resources while preserving marine biodiversity. 13 EU and Japan similarly announced a joint statement to cooperate in combating IUU fishing in The agreement allows the two countries to exchange information on IUU fishing, to promote in RFMO measures that enhance MCS system and specifically to encourage and implement the FAO Port State Measures Agreement. In the agreement, the EU reiterated its catch certificate scheme. Although the two joint agreements are thin on details, it signifies that the world top three seafood markets are now determined to work together to combat IUU fishing. III. Implications for Taiwan As one of the largest tuna exporting countries and distant water fishing states, the global campaign to fight against IUU fishing has significant implications for Taiwan. First, the cooperation among the EU, US and Japan indicates that bilateral or 13 Citation to be added 8

9 multilateral actions are now preferable in combating IUU fishing. Principle 12 of the Rio Declaration, suggesting countries to take multilateral actions to address global environmental problems, echoes the trend. Second, the instruments of market access control have been emphasized. Both joint agreements between EU and Japan and EU and United states have reiterated the focus on market accesses to fight against IUU fishing. As one of the main fish exporting countries, the regulations and restrictions of market access in the importing countries play a critical role regarding the volume of Taiwan s fish export. Taiwan may need to adapt its law and regulation to curb IUU fishing in order to gain access to the world top markets. Third, Taiwan has already developed its national plan of action to combat IUU fishing in In order to keep pace with the steps of the international community to combat IUU fishing, Taiwanese government shall implement its plan of action as soon as possible. Fourth, the adoption of the guidelines of flag states performance indicates the intention of the international community to strengthen the accountability of flag states and target the problem of reflagging. Taiwan as one of the flag states IV. Conclusion 9

10 The international community has come a long way to combat IUU fishing. The international fishery regime has been evolving toward the direction of developing a series of new rule in regulating fishing activities and tackle IUU fishing. 14 Additionally, international community has also recognized international cooperation as the best policy to curb the IUU fishing. However, the scheme is far from perfect. Taiwan as one of the largest Tuna exporting and Distant Water Fisheries countries in the world shall actively joint the global campaign. Finally, to fight against IUU fishing requires a comprehensive scheme of international law of sea coupled with multilateral cooperation. 14 IUU Tuna Fishing 10

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