International fisheries regime effectiveness—Activities and resources of key actors in the Southern Ocean

Many contemporary environmental challenges are truly global and span several organizational and geographical borders. Research on international environmental regimes has, over the last couple of decades, identified several important factors that contribute to a more effective governance of global ecological resources, but few studies have addressed the different roles certain influential individual organizations play in determining regime effectiveness. Here we address this question by studying a relatively successful fishery governance system in the Southern Ocean. By drawing on insights from the research fields of common-pool resource management and international environmental regimes, we demonstrate that organizations engaged in certain combinations of activities, and that have access to certain combinations of resources stand out as important for regime effectiveness. In particular, collaboration with other flag states and being politically well-connected stand out as important explanatory factors. However, access to advanced technology, engagement in public campaigns, and being active in the field are other factors that, in different combinations, also seem to explain organizational importance. Furthermore, governmental and non-governmental organizations tend to perform different sets of activities and possess different resources, thereby complementing each other. Also, organizations doing similar things are often of different types with different mandates and objectives. This could contribute to improved adaptability and responsiveness to change at the larger regime level. Finally, we discuss some potential implications of our results for capacity-building in international environmental governance.     

Indonesia tuna fisheries development and future strategy

Tuna has made a significant contribution to Indonesian and world fisheries. Indonesian tuna fisheries were introduced from Japan, Taiwan and Korea. Longline fishing was introduced in 1962, and purse seine gear was first used in 1974. Many foreign vessels have reflagged to the Indonesian flag. The Indonesian government developed its own tuna fisheries and closed the chartering program in 2006. Through these efforts, Indonesia became the number one tuna production country in 2004 and has further targeted an increase in marine capture fisheries catch of 0.5%/year from 2010 to 2014. Tuna resources remain under pressure globally. The tuna regional fisheries management organizations attempt to manage tuna fisheries by strengthening conservation of stocks. To enhance international cooperation, Indonesia ratified the 1982 Convention on the Law of the Sea in 1985 and the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks in 2005 and became a member of Indian Ocean Tuna Commission and Commission for the Conservation of Southern Bluefin Tuna and a cooperating non-member of Western and Central Pacific Fisheries Commission in the 2000s. Consequently, Indonesia adopted domestic regulations to comply with management measures. For future sustainable development, Indonesia needs to build its capacity, improve its compliance with the tuna RFMOs’ conservation and management measures, strengthen data collection, develop its products to increase their quality and diversification, and enhance its international cooperation.     

Eliminating illegal bottom trawl fishing in the coastal waters of Korea

Illegal bottom trawl fishing using nets with a small mesh size has been one of the most difficult problems to address in fisheries management in Korea. This practice has occurred for the last century, since the Japanese colonial period. The elimination of illegal bottom trawl fishing, regulated in the Fisheries Law (Law No. 10292), was extremely difficult because the number of vessel owners increased to greater than 3000, creating a strong oppositional lobby. Therefore, the Korean government carried out an ‘incentive program’ to buy-back vessels, which has been very effective in eliminating illegal bottom trawl fishing in the coastal waters of Korea.     

Evaluation framework for regulatory requirements related to data recording and traceability designed to prevent illegal, unreported and unregulated fishing

In 2001 FAO published the “International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing”. Based on this plan, national and supranational authorities have developed legislation to fight the so called IUU fishing. A key aspect of the legislation proposed so far is the mandatory recording of some data elements and the requirement that these data should be available for access through a traceability system. This article outlines a general framework for evaluation of these types of requirements, using a predictor-outcome N-way matrix. A “good practise” system is described, against which the existing systems and practises can be evaluated. The framework can be used to assess if the regulatory requirements ensure that the relevant IUU fishing identification data are made available, and it can also be used to evaluate the requirements imposed on the traceability system.     

A decade of illegal fishing in Table Mountain National Park (2000–2009): trends in the illicit harvest of abalone Haliotis midae and West Coast rock lobster Jasus lalandii

Illegal fishing activities are reported to be on the increase in South Africa, including in its marine protected areas (MPAs). Research is presented on the nature and the scale of illegal fishing in Table Mountain National Park (TMNP) by analysing the numbers of abalone Haliotis midae and West Coast rock lobster Jasus lalandii confiscated from fishers operating in the park's marine protected area between 2000 and 2009. Data were collected from offence logbooks maintained by South African National Parks rangers and managers, the South African Police Services, and interviews with alleged or self-confessed illegal fishers. The research findings indicate that the annual numbers of illegally fished abalone and rock lobsters have increased significantly over time. Spatial analysis suggests that confiscations of abalone occur predominantly on the east coast of the park, whereas higher confiscations of illegally fished rock lobsters occur on the west coast. It is clear from this research that new and more efficient approaches will need to be designed and implemented to minimise illegal fishing in the TMNP MPA. Context-specific conservation targets that acknowledge and integrate social as well as developmental needs are required, and may be essential for limiting biodiversity loss in the longer term, which will ultimately ensure the success of fisheries management and conservation in TMNP.     

An economic analysis of illegal, unreported and unregulated (IUU) fishing: Key drivers and possible solutions

The fight against illegal, unreported and unregulated (IUU) fishing activities has recently become a high priority in the international fisheries management agenda. While a number of academic contributions have sought to improve the understanding of the problem, most remain limited in scope. To help policy makers obtain a more comprehensive picture of the situation, the OECD Committee for Fisheries recently completed a study addressing the full economic dimensions of IUU fishing in an integrated manner. This paper presents the analytical framework developed by the OECD as well as some of the key results of the study regarding the causes of and the potential solutions to this widespread problem.     

The 1995 FAO Code of Conduct for Responsible Fisheries: Adopting,implementing or scoring results?

The paper presents the results of a major assessment of Code adoption and implementation in nine fishing countries in Asia (China, Thailand, Vietnam), Africa (Senegal, Guinea Bissau and Guinea) and in the Caribbean (Jamaica, Dominican Republic and Trinidad & Tobago), which are part of the international research project ECOST. The main findings are that the Code as an international policy instrument remains relevant and adaptable to the current international fisheries context, and that its guiding principles and provisions have been endorsed and adopted in almost unanimous fashion by the countries covered, and integrated into fisheries policy letters and legal frameworks. However, results also suggest that tackling the truly difficult issues in fisheries, such as combating illegal, unreported and unregulated (IUU) fishing or adjusting fishing overcapacity has been a lot less successful. The design and implementation of necessary measures often remains very weak in domains with important economic and political dimensions. The causes for this are attributed to a mix of administrative inertia, lack of political will and stamina, and short-sighted economic considerations.     

Potential ecological and social benefits of a moratorium on transshipment on the high seas

One way that illegal, unreported, and unregulated (IUU) fish catch is laundered into the seafood market is through transshipments at-sea. This practice, which often occurs on the high seas (the areas of ocean beyond national jurisdiction), allows vessels fishing illegally to evade most monitoring and enforcement measures, offload their cargo, and resume fishing without returning to port. At the same time, transshipment at-sea can facilitate trafficking and exploitation of workers who are trapped and abused on fishing vessels. This study gives an overview of high seas transshipment as well as evaluates transshipment at-sea regulations across 17 Regional Fisheries Management Organizations (RFMOs), which are responsible for regulating fisheries on the high seas. Transshipment at-sea regulations have become increasingly strict in most RFMOs since the late 1990s. However, only five RFMOs have mandated a partial ban, and only a single RFMO, the South East Atlantic Fisheries Organization (SEAFO), has mandated a total ban on transshipment at-sea. A total ban on transshipment at-sea across all RFMOs would support the ability of oversight and enforcement agencies to detect and prevent IUU fishing and also likely reduce human trafficking and forced labor on the high seas.     

Cooperation and unregulated fishing: interactions between customary international law,and the European Union IUU fishing regulation

The extent to which flag States are bound by the conservation rules of regional fishery management organisations is an important question in the quest to reduce unregulated fishing. The European Union implemented a trade suspension against Cambodia under Council Regulation 1005/2008, in response to unregulated fishing by Cambodian vessels in high seas areas managed by regional fishery management organisations. Limitations in the arguments underpinning the decision evidence the flaws of unregulated fishing as a legal concept, underlining the need for it to be appropriately interpreted and contextualised in the international legal framework. Clarity on the differences between conventional and customary sources of international legal obligation, and their implications for State consent, should guide the implementation of the Regulation to maximise the normative potential of resulting practices.     

Innovating for change in global fisheries governance: an introduction

On 23 September 2016, a workshop entitled “Innovating for change in global fisheries governance” was held in Tromsø, hosted by the K. G. Jebsen Centre for the Law of the Sea (JCLOS) at the Faculty of Law of UiT, The Arctic University of Norway. The aim of the workshop was to address the following question: How can international law be used as an innovative mechanism for change in global fisheries governance? Seven of the papers presented at the workshop, each one addressing a particular aspect of this overarching question, are published here in this special issue of Marine Policy.