InfoNorth. Cl i m a t e c h a n g e h a s i n c r e a s e d both marine access. Illegal, Unreported and Unregulated Fishing in the Circumpolar Arctic

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1 ARCTIC VOL. 63, NO. 3 (SEPTEMBER 2010) InfoNorth Illegl, Unreported nd Unregulted Fishing in the Circumpolr Arctic by Mgdlen A.K. Muir Introduction Cl i m t e c h n g e h s i n c r e s e d both mrine ccess to much of the circumpolr Arctic nd the migrtion of fish stocks into northern wters. As fish stocks become depleted in southern jurisdictions, Arctic fish stocks could become more ttrctive for illegl, unreported, nd unregulted (IUU) fishing. This sitution hs mny prllels with the experiences of IUU fishing in the Southern Ocen round the Antrctic. However, unlike those in Antrctic, fish nd mrine mmml stocks in the circumpolr Arctic re subject to indigenous nd locl subsistence hrvesting, which hs priority over commercil hrvesting. Arctic fish stocks re lso chrcterized by lower growth rtes, which increse their vulnerbility to the impct of IUU fishing. In the Cndin Arctic, becuse of slow fish growth, limited sesonl fishing opportunities, nd the high cost of shipping, extensive ecosystem nd economic chnges would be required to mke commercil fisheries fesible. Fisheries hve been very close to shore throughout the Cndin Arctic. Though ttempts hve been mde to hrvest Arctic chr (Slvelinus lpinus) commercilly, this species hs been hrvested primrily for subsistence nd recretion. Arctic cisco (Coregonus utumnlis) or Pcific herring (Clupe plsii) re potentil commercil fishery trgets in the Cndin Beufort Se, but these hrvests would be subject to belug whle feeding requirements. In this essy, I explore severl northern fisheries to exmine vrious IUU fishing scenrios for the Arctic: commercil fishing in the Cndin nd U.S. Beufort Se, the offshore hlibut fishery djcent to the Nunvut Territory of Cnd, nd the Irminger Se redfish fishery in the Reykjnes Ridge of the North Atlntic. I then consider current regultory regimes for IUU fisheries in Antrctic nd Europe, which provide potentil models for Arctic fisheries. Interntionl Frmework Exclusive Economic Zones estblished under the United Ntions Convention on the Lw of the Se (UNCLOS) indicte the outer boundries of ntionl fishing rights nd mngement regimes (United Ntions, 1982). The Agreement on fish stocks (United Ntions, 1995), n implementing greement under UNCLOS tht hs been in force since 2001, pplies to both Exclusive Economic Zones nd interntionl 373 wters. It is designed to promote the long-term conservtion nd sustinble use of strddling fish species (whose geogrphicl rnge includes Exclusive Economic Zones nd interntionl wters) nd highly migrtory fish species in interntionl wters. Under the Agreement on fish stocks, regionl fishery mngement orgniztions nd rrngements re the preferred mechnisms for fishery mngement. The Agreement imposes obligtions on signtories to cooperte through such regionl bodies nd rrngements, nd ccess to fish stocks is limited to cooperting sttes. Sttes cn become members of the regionl orgniztions or prticipte in regionl rrngements. Members nd prticipnts cn enforce their rules ginst externl prties or non-signtories to these greements, using mesures tht would otherwise be viewed s trde-relted snctions in violtion of interntionl lw (i.e., World Trde Orgniztion, 1994). Regionl fishery mngement orgniztions estblished under conventions tht ffect Arctic fisheries include the Northwest Atlntic Fisheries Orgniztion (NAFO) nd its Fisheries Commission, the North Atlntic Slmon Conservtion Orgniztion, the North Est Atlntic Fisheries Commission, the North Pcific Andromous Fish Commission, nd the Norwy-Russin Federtion Fisheries Commission (Molenr nd Corell, 2009). Boundry disputes my complicte the chrcteriztion of wht constitutes n illegl fishery. Different countries my impose different regultory regimes on the sme fish stocks. For exmple, Cnd hs disputed mrine boundries with the United Sttes nd Greenlnd, s Norwy does with Russi. Such disputes crete mbiguity bout who hs legl ccess to disputed res nd the right to use nd mnge both nonrenewble nd renewble resources, including fish nd mrine mmmls, in those res. Norwy nd Russi recently ended 40-yer dispute by dividing disputed re in the Brents Se evenly, thus lso resolving jurisdictionl issues over fisheries. Tht greement is dted 27 April 2010, but the technicl terms nd implementtion re still to be determined (Anon, 2010). Cndin nd U.S. Beufort Se The United Sttes nd Cnd hve ongoing disputes over the ownership nd control of the se floor, surfce, nd wter column in the Beufort Se (see Ingenfeld, 2010: Fig. 1). Cnd sserts tht the Beufort Se boundry is

2 374 INFONORTH 180 0'0" 170 0'0"W 160 0'0"W 150 0'0"W 140 0'0"W Alsk Stte Wters Arctic Mngment Are 70 0'0"N B e uf Brrow u Ch kchi Se or t S e 70 0'0"N Arctic Mngement Are W W rr nn gg ee ll II.. S ou n d Point Hope e Kotzebue A eb d un s k l Sewrd Peninsul o Nome NN oo rr Firbnks Glen 65 0'0"N g us -R US M si d ri Be y r im rit tz n si 65 0'0"N Ko So un ue bb u s ul ns ni u e P R S t rit Ch uk ch i on S o u n d to BSAI Fisheries Mngement Pln 170 0'0"W 160 0'0"W 150 0'0"W FIG. 1. The re of the U.S. Arctic Fishery Mngement Pln (NOAA, 2010). liner extension of the boundries on lnd, while the United Sttes sserts tht the boundry begins t 90 ngle to the shoreline. This boundry dispute hs historiclly focused on hydrocrbons, but the Arctic Fishery Mngement Pln (Fig. 1) encted by the United Sttes in 2009 my precipitte future focus on commercil fishing rights. Given the overlp of the res climed by the two countries, prties leglly uthorized to fish in the Cndin Beufort Se would be fishing illeglly under U.S. lw. The recent U.S. Arctic Fishery Mngement Pln (NPFMC, 2009) prohibits the expnsion of commercil fishing in Arctic federl wters until reserchers hve gthered enough informtion on fish stocks nd the Arctic mrine environment to implement sustinble fisheries. Arctic cod (Boreogdus sid), sffron cod (Eleginus grcilis), nd snow crb (Chionoecetes opilio) re identified s likely initil trget species for commercil fishing in the Beufort Se. The pln will govern future commercil fishing in federl wters for ll fish nd shellfish species except Pcific slmon (Oncorhynchus sp.) nd Pcific hlibut (Hippoglossus stenolepis), which re subject to other controls. However, it will not ffect either fisheries for slmon, whitefish, nd shellfish in Arctic wters ner the Alskn shore or subsistence fishing nd hunting in the Arctic. At this time, no commercil fisheries operte in the Cndin Beufort Se, but there re Inuviluit nd Gwich in subsistence fisheries nd recretionl fisheries. If commercil fishing opportunities rise, the Inuviluit nd Gwich in will be involved. In My 2010, the Stnding Committee on Fisheries nd Ocens of the Cndin Sente recommended tht the federl government, in coopertion with the Inuviluit, develop policy for fishing ctivity for the Beufort Se. It lso recommended tht Cnd institute mortorium on commercil fishing similr to the one instituted by the United Sttes under the Arctic Fishery Mngement Pln (SSCFO, 2010). The United Sttes nd Cnd re lso currently engged in discussions imed t resolving outstnding boundry disputes, which could lso resolve IUU fishery issues for the Beufort Se.

3 INFONORTH 375 Internl IUU Fishing in Cnd Greenlndic hlibut (Reinhrdtius hippoglossoides, lso known s turbot) nd shrimp (Pndlus borelis, northern or pink shrimp) re fished offshore of Nunvut within Dvis Strit nd Bffin By. Greenlndic hlibut is found within the Northwest Atlntic Fisheries Orgniztion s subre 0, which includes Cndin wters djcent to the Nunvut Territory (Fig. 2). Cnd mnges these wters in subre 0 on the bsis of the conservtion nd ctch recommendtions from the scientific council under the Northwest Atlntic Fisheries Convention. The Cndin mngement pln, which is subject to the Nunvut Lnd Clims Agreement of 1993, includes Inuit prticiption in nd mngement of offshore fisheries (DFO, ). Previously, there were questions bout how the hlibut ctch should be llocted within Cnd, whether the existing lloction by the federl government ws illegl, nd whether Nunvut hlibut fisheries should hve greter priority in tht lloction. In the 1990s, the Minister of Fisheries nd Ocens Cnd llocted the totl llowble ctch of hlibut both within nd outside Nunvut. Nunvut Tunngvik Incorported, the corportion representing the Inuit beneficiries under the Nunvut Lnd Clims Agreement, protested through litigtion, climing this lloction ws inconsistent with the constitutionlly protected Agreement. Article of the Agreement recognizes the importnce of djcency nd the economic dependence of communities in the Nunvut Settlement Are on mrine resources, obliges the government to give specil considertion to these fctors when llocting commercil fishing licences, nd stipultes tht the principles of djcency nd economic dependence will be pplied in such wy s to promote fir distribution of licences between territoril residents nd residents of other prts of Cnd tht is consistent with Cnd s inter-jurisdictionl obligtions. In 2002, the Independent Pnel on Access Criteri ppointed by the Minister of Fisheries nd Ocens Cnd issued report on the criteri used for grnting licences in new or emerging fisheries. Becuse Nunvut did not enjoy the sme ccess to its djcent fisheries tht is grnted to the Atlntic provinces, the pnel concluded tht every effort should be mde to remedy this sitution. In keeping with the spirit of the Nunvut Lnd Clims Agreement, nd the fir nd consistent ppliction of the djcency principle, the pnel recommended tht no dditionl ccess be grnted to non-nunvut interests in djcent wters until Nunvut hd mjor shre of djcent fishery resources. This recommendtion ws ccepted by the Minister of Fisheries nd Ocens Cnd (DFO, 2002). This ended n lloction for the Greenlndic hlibut tht ws illegl under Cndin lw, s ll lws re invlid to the extent tht they re inconsistent with constitutionlly protected lnd-clim greement. Since tht time, Nunvut fisheries hve been receiving lrger shre of the hlibut quot lloction, nd prties bsed in Nunvut re prticipting in commercil hlibut fishing in these wters. Four orgniztions with locl Inuit involvement now hold 100% of Nunvut s Greenlndic hlibut nd shrimp quot (DFO, 2009). The territoril government hs developed policy for llocting quots to Nunvut s existing commercil mrine fisheries, nd it is lso conducting scientific reserch to determine the nture nd scope of possible commercil fisheries for species such s chr, clms, nd se urchins (Nunvut Deprtment of Environment, 2010). Sound scientific reserch is criticl to the sustinble development nd mngement of inshore nd offshore fisheries. The Irminger Se Redfish Fishery The Irminger Se redfish (Sebstes mentell) stock is found ner the Reykjnes Ridge in the North Atlntic, djcent to the Icelndic Exclusive Economic Zone (Fig. 3). Redfish is strddling fish stock under the North Est Atlntic Fisheries Commission (NEAFC) tht is subject to FIG. 2. Mp showing the loction of NAFO Convention subre 0. Courtesy of NAFO.

4 376 INFONORTH Antrctic nd Europen IUU Fishing RegimeS CCAMLR nd IUU Fisheries FIG. 3. Mp of the NEAFC Regultory Are, showing the Reyknes Ridge nd Irminger Se (NEAFC, 2010). illegl fishing in the Irminger Se by ships flying flgs of convenience. These ships re registered in countries tht re not members of the NEAFC Convention nd do not hve n lloction, nd they re fishing illeglly (Greenpece, 2006). These illegl fishing ships re being monitored through surveillnce ctivities by Icelnd nd other prties, nd they re not permitted to enter Icelndic ports. Informtion grnered through the surveillnce ctivities is lso used in regionl nti-iuu co-opertion under the North Est Atlntic Fisheries Convention of 1959, s substntilly mended by the Convention on future multilterl coopertion in North Est Atlntic fisheries of Icelnd lso undertkes bilterl ction with the ship s flg stte, the stte where the ship s opertor is locted, the stte where the ship s underlying ownership is held, nd the stte where the compny tht sells the fish is registered (Hoydl, 2009). The Irminger Se redfish tht is being hrvested illeglly ner the Reykjnes Ridge my be trnsported to Chin nd processed there nd then resold in Cnd. The question rises how consumers nd governments cn ensure tht redfish imports do not contribute to IUU fishing in the Arctic. In ddition to regultion under regionl orgniztions nd conventions, consumer ctions could be useful. Consumer ction could include uniform lbeling requirements or sustinble fishery certifictions. The existing IUU fishery regime for Antrctic nd the one recently encted IUU fishery regime in Europe re now explored in order to consider whether spects of these regimes could lso be effective t ddressing IUU fisheries in the circumpolr Arctic. The Convention on the Conservtion of Antrctic Mrine Living Resources (CCAMLR) cme into force in 1982 under Article IX of the Antrctic Trety of The Convention ws estblished becuse of concern tht incresed krill ctches in the Southern Ocen could negtively ffect the krill popultion nd the birds, sels, nd fish tht depend on krill for food. The im of the Convention is to conserve mrine life of the Southern Ocen. Conservtion mesures re bsed on scientific dvice nd require enforcement to be effective. A precutionry pproch hs been implemented to minimize risk ssocited with unsustinble prctices in conditions of uncertinty, nd it is complemented by n ecosystem pproch (CCAMLR, 2008). IUU fishing is significnt issue in the Convention re nd djcent wters. CCAMLR estimtes of IUU fishing exceed llowble ctches under the Convention. These illegl ctches hve been tken in ntionl wters within the Convention Are or in mnner different from or contrry to mngement mesures imed t controlling nd monitoring unregulted nd unreported ctches. CCAMLR introduced ctch documenttion schemes in 2000 to monitor lndings of nd globl trde in the Ptgoni toothfish or Chilen se bss (Dissostichus eleginoides) in order to ssess nd combt IUU fishing for this species. This documenttion enbles the Commission estblished under the Convention to identify the origin of fish entering the mrkets of ll prties nd helps to determine whether the fish were cught in mnner consistent with conservtion mesures. Other CCAMLR conservtion mesures include strict vessel licensing requirements, t-se nd in-port vessel inspections, nd the requirement for the continuous monitoring of vessel positions in the Convention re using utomted stellite-linked monitoring systems. For some fisheries, flg sttes re required to trnsmit rel-time vessel position informtion to centrl dtbse. CCAMLR lso conducts nnul reviews of informtion on IUU fishing ctivities nd hs estblished list of IUU vessels. Together, these inititives hve contributed to significnt decline in IUU fishing since 2003 (CCAMLR, 2010). Europen Union IUU Regultions The definition of IUU fishing in the Europen Union (EU) IUU Regultions of 2008 to 2010 ws bsed on n erlier FAO Interntionl Pln of Action of 2001 (FAO, 2001). The new EU regultions re intended to prevent, deter, nd eliminte IUU fishing nd focus on both EU fishers nd EU consumers. The IUU Regultions pply to 1) fishing occurring in Europen Community wters; 2) fishing in Exclusive Economic Zones nd interntionl wters tht re subject to regionl fishery mngement orgniztion, if

5 INFONORTH 377 conducted by ships without flg stte or from flg stte tht is not prty to the regionl greement or by ny ship tht contrvenes the rules of the orgniztions; nd 3) fishing in interntionl wters tht occurs in brech of flg stte responsibilities under interntionl lw for the conservtion of fisheries (Europen Commission, 2010). Through the IUU Regultions tht cme into effect on 1 Jnury 2010, the Europen Union (2008, 2009, 2010, b) is preventing illegl opertors from selling fish in Europe. The IUU Regultions prevent fish cught from illicit ctivities from entering the Europen mrket becuse ll mrine fishery products must be certified nd their origin must be trceble. A comprehensive ctch certifiction scheme mkes sure tht fish cught, lnded, brought to mrket, nd sold in Europe cn be trcked t ny stge of the process. Now only mrine fishery products vlidted s legl by the relevnt flg stte or exporting stte cn be imported to or exported from the Europen Union (Europen Commission, 2009). A Europen blck list hs been drwn up covering both IUU ships nd sttes tht permit illegl fishing ctivities. Europen opertors who fish illeglly nywhere in the world, under ny flg, fce substntil penlties proportionte to the economic vlue of their ctch, which would deprive them of ny profit. Modern technologies re used to trck fish products through every step of the mrket chin. The sme offence will be subject to the sme snction wherever it tkes plce nd whtever the fishermn s ntionlity or flg. There is lso point system for serious infringements, which cn ultimtely result in wrongdoers losing their licence to fish (Europen Union, 2010, b). Summry Potentil illegl, unreported, nd unregulted fisheries in the circumpolr Arctic could tke severl forms. As discussed erlier, these problemtic fisheries might rise through interntionl boundry disputes, internl conflicts, or inpproprite fishing in ntionl nd interntionl wters. The IUU fishing regimes for Antrctic nd Europe provide models for ddressing such fisheries in the circumpolr Arctic. The Antrctic model under CCAMLR, which is the most longstnding pproch to IUU fisheries, reflects the overlpping interntionl clims in the Southern Ocen nd the importnce of tht ocen for fishing. The EU pproch is similr to CCAMLR, but lso includes restrictions on consumption of IUU fish within Europen nd ntionl mrkets. In the Arctic, there re eight circumpolr ntions with existing Exclusive Economic Zones. The future continentl shelf extensions under UNCLOS, if pproved, will extend to most of the Arctic Ocen, nd provide significnt resource use nd mngement rights to these ntions for the sebed nd overlying wters. These Arctic ntions, which include Cnd nd the United Sttes, the Scndinvin countries, nd Russi, re lso mjor importers nd consumers of fish. Therefore it might be useful to include considertion of the consumption of IUU fish in their ntionl pproches. Both the Antrctic nd EU models for IUU fisheries cn provide good exmples for circum-arctic pproches. Combined with efforts of regionl fishing orgniztions nd conventions nd consumer wreness of sustinble fishery certifictions, these Arctic pproches could help to minimize the risks of future IUU fisheries. As fish stocks move northwrd, nd commercil fisheries develop, these ntionl nd regionl pproches could lso be formlized in broder regionl greement for fisheries in the Arctic Ocen. ACKNOWLEDGEMENTS The uthor would like to thnk Steve Lewis, for the mp of the Arctic Fishery Mngement Pln re; Alex Pcey, for the mp of the Northwest Atlntic Fisheries Orgniztion Convention Are; nd Rchel Lewley, for the mp of the North Est Atlntic Fisheries Commission regultory re. The uthor grtefully cknowledges the finncil support of Fisheries nd Ocens Cnd, which llowed her to present spects of this essy t the 2010 conference of the Cndin Ocen Mngement Reserch Network. REFERENCES Anon Russi-Norwy rech greement on demrction of mritime borders. RIA Novosti, April russi/ / html. CCAMLR (Convention on the Conservtion of Antrctic Mrine Living Resources) Bsic documents. org/pu/e/e_pubs/bd/toc.htm Illegl, unregulted nd unreported (IUU) fishing. DFO (Deprtment of Fisheries nd Ocens Cnd) Response to the Report of the Independent Pnel on Access Criteri for the Atlntic Cost Commercil Fishery. November 8, IPAC_Response_e.htm Fishery mngement pln, Greenlnd hlibut, NAFO Subre O, Winnipeg, Mnitob: Fisheries nd Ocens Cnd Government of Cnd response to the report of the Stnding Sente Committee on Fisheries nd Ocens: Nunvut mrine fisheries: Quots nd hrbours. gc.c/reports-rpports/200911b-eng.htm. Europen Commission Hndbook on the prcticl ppliction of Council Regultion (EC) No. 1005/2008 of 29 September 2008 estblishing Community system to prevent, deter nd eliminte illegl, unreported nd unregulted fishing (the IUU Regultion). Directorte-Generl for Mritime Affirs nd Fisheries Policy Development nd Co-ordintion: Fisheries control policy Illegl fishing (IUU). cfp/illegl_fishing/index_en.htm.

6 378 INFONORTH Europen Union Council Regultion (EC) No 1005/2008 of 29 September 2008 estblishing Community system to prevent, deter nd eliminte illegl, unreported nd unregulted fishing. eur-lex.europ.eu Commission Regultion (EC) No 1010/2009 of 22 October 2009 lying down detiled rules for the implementtion of Council Regultion (EC) No 1005/2008 estblishing Community system to prevent, deter nd eliminte illegl, unreported nd unregulted fishing. eur-lex.europ.eu Commission Regultion (EC) No. 86/2010 of 29 Jnury 2010, mending Annex I to Council Regultion (EC) No 1005/2008 s regrds the definition of fishery products nd mending Commission Regultion (EC) No 1010/2009 s regrds exchnge of informtion on inspections of third country vessels nd dministrtive rrngements on ctch certifictes. eur-lex.europ.eu b. Commission Regultion (EC) No 468/2010 of 28 My 2010 estblishing the EU list of vessels engged in illegl, unreported nd unregulted fishing. eur-lex.europ.eu. FAO (Food nd Agriculture Orgniztion of the United Ntions) Interntionl pln of ction to prevent, deter nd eliminte illegl, unreported nd unregulted fishing. org/docrep/003/y1224e/y1224e00.htm. Greenpece Cse study on IUU fishing No. 3: Cught redhnded: Dylight robbery on the high ses (My 12, 2006). Amsterdm, Netherlnds: Greenpece Interntionl. www. greenpece.org. Hoydl, K Actions by the North Est Atlntic Fisheries Commission ginst illegl, unreported nd unregulted fishing vessels. Symposium on the Conservtion of Fish Stocks nd Illegl, Unreported nd Unregulted Fishing, 26 September 2009, Hmburg, Germny. Ingenfeld, E Just in cse policy in the Arctic. Arctic (InfoNorth) 63: Molenr, E.J., nd Corell, R Bckground Pper: Arctic fisheries (Februry 9, 2009). Arctic Trnsform. NEAFC (North Est Atlntic Fisheries Commission) Mp of the NEAFC Regultory Are. NOAA Fisheries Mp of Arctic FMP re. no.gov/imges/rctic_fmp_re.jpg. NPFMC (North Pcific Fishery Mngement Council) Fishery mngement pln for fish resources of the Arctic Mngement Are. Anchorge, Alsk: NPFMC. Nunvut Deprtment of Environment The Nunvut fishing industry: Bckground nd pproch to sustinble resource development. _Industry_brief_ pdf. SSCFO (Sente Stnding Committee on Fisheries nd Ocens) The mngement of fisheries nd ocens in Cnd s Western Arctic. SenRep.sp?Lnguge=E&Prl=40&Ses=3&comm_id=7. United Ntions United Ntions Convention on the Lw of the Se (UNCLOS) of 10 December Depts/los/convention_greements/texts/unclos/unclos_e.pdf The United Ntions Agreement for the implementtion of the provisions of the United Ntions Convention on the Lw of the Se of 10 December 1982 relting to the conservtion nd mngement of strddling fish stocks nd highly migrtory fish stocks. convention_greements/convention_overview_fish_stocks. htm. World Trde Orgniztion Finl Act of the Uruguy round of trde greements. english/docs_e/legl_e/finl_e.htm. Mgdlen Muir is reserch ssocite of the Arctic Institute of North Americ, focusing on Arctic environment nd nturl resource issues nd comprtive studies with Antrctic, Europe, nd other regions of the world.