Aspects of Illegal, Unreported and Unregulated Fishing in by Rachel Baird

By Rachel Baird

Illegal, Unreported and Unregulated (IUU) fishing threatens the viability of excessive seas residing assets. This booklet info the efforts of the conference for the Conservation of Antarctic Marine residing assets fee and the Australian govt to undertake complementary measures to discourage IUU fishing within the Southern Ocean. It describes how those quite a few measures have confirmed potent in deterring IUU operators.

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Additional info for Aspects of Illegal, Unreported and Unregulated Fishing in the Southern Ocean (Reviews: Methods and Technologies in Fish Biology and Fisheries)

Example text

The British perception of the ‘low countries’ as a poor neighbour and a dependency of Spain quickly changed. 33 The evidence suggests this freedom was asserted because it coincided with 27 28 29 30 31 32 33 Ibid, 34. Ibid, 35. Ibid, 38. Ibid, 58. This point was made earlier by Spanish jurist Ferdinand Manchea Vasquez. Ibid, 30. This approach was followed in early British and American case law and remains good law. See, eg, Young v Hichens (1844) 6 QB 606. State of Ohio v Shaw (1902) 65 NE 875. Elder, The Royal Fisheries Companies, 5-6.

Flag States are also called upon to ensure their flagged fishing vessels fish responsibly under the FAO Code of Conduct. Under the FAO Compliance Agreement, a binding agreement which reflects provisions of the Code of Conduct, all flag states are obliged to ensure their vessels do not undermine conservation measures. Further, a state is not to grant a fishing authorisation unless it is able to control the fishing operations of a vessel. Under the UNFSA the duties of flag states are outlined in Articles 18 and 19.

The Code of Conduct for Responsible Fisheries adopted by the 28th session of the FAO Conference on 31 October 1995 (‘Code of Conduct’). The Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the 27th session of the FAO Conference on 24 November 1993 (Resolution 15/93) (entered into force 24 April 2003) (‘the Compliance Agreement’). The Compliance Agreement is reviewed below in Chapter 3 of this thesis. For introductory comments on the Code of Conduct see, Edeson, ‘The Code of Conduct’ above, 233-238.

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