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.     

Impacts of unregulated harvesting on a recovering stock of native oysters (Ostrea edulis)

In Strangford Lough, Northern Ireland stocks of Ostrea edulis collapsed in the 1890s and the species was rarely recorded again until 1998 when the wild stock was estimated to be 100,000. The stock increased to 1.2 million in 2003 but declined to 650,000 by 2005. In 2007 the stock exceeded 1 million. The initial recovery of wild stocks is attributed to the combined effects of spawning commercial O. edulis stocks of and larval retention due to local hydrography. The stock decline between 2003 and 2005 is attributed to unregulated harvesting. Significant differences in abundances between sites over this period may be explained by the exploitation of more-readily accessible sites initially and of less accessible sites later. Oysters at sites where there was minimal exploitation probably contributed to widespread recruitment in 2007. Sustainable management of recovering native oyster stocks in Strangford Lough and elsewhere and will be impossible without appropriate legislation and enforcement.     

The migrant anchovy fishery in Kabui Bay,Raja Ampat,Indonesia: Catch,profitability, and income distribution

We estimate the unregulated catch and fisher income of the Kabui Bay migrant anchovy fishery operating in the Raja Ampat regency, Papua, Indonesia. Interviews with migrant fishers were conducted in April and November 2006, and estimates were generated through Monte Carlo simulations. Anchovy fisher income averaged US $1835 per year, about twice the average fisher income in the area. The income levels estimated by this study suggests that there is potential for the Raja Ampat Fisheries Bureau to capture some economic rent from the fishery to help fund a fisheries management program, from which Raja Ampat could benefit.     

Global scope and economics of illegal fishing

We present a conceptual model for the analysis of the costs and benefit aspects of the risk inherent in illegal, unreported and unregulated (IUU) activity. We then develop and present a map of IUU incidences as reported in the Fisheries Centre's Sea Around Us project IUU global database. This map shows that IUU activities are quite widespread geographically. We next present an analysis of the cost and benefit aspects of risks of IUU fishing. A key result of the study is that for the cases analyzed as a group; the expected benefits from IUU fishing far exceed the expected cost of being apprehended. For an assumed 1 in 5 chance of being apprehended, our calculations show that reported fines for the vessels apprehended will have to be increased by 24 times for the expected cost to be at least as much as the expected benefits.