Library

This article examines four major maritime law enforcement response areas: Drug trafficking, piracy, migration, and illegal fishing. It examines specific questions related to fisheries law enforcement including the detention of IUU fishers, use of force and under what circumstances may a vessel be destroyed. It finds that courts are increasingly addressing issues once considered within the sole discretion of government officials and operational commanders with the result being an ad hoc collection of judicial opinions, treaties, and multilateral agreements that lack coherence and consistency.

The Committee on Fisheries (COFI) of the Food and Agriculture Organization of the United Nations (FAO) requested an in-depth study of transshipment to develop international guidelines based on best practices. The FAO fisheries operations and technology branch took up the assignment and began its work in 2019. The team conducted a global study to shed light on current regulations, practices, and control of transshipment to assess the status quo. The study was finalized in 2020 and provides the most comprehensive foundation (based on a risk-based approach) for the development of international guidelines on transshipment, highlighting areas of persistent and emerging concern.

Port State Measurement Agreements (PMSA) aim to combat IUU fishing by bringing international parties to enact legislation and regulation on foreign vessels entering port. Parties to the PMSA, Port-States, are responsible for monitoring whether a vessel has engaged in IUU fishing. Reefers (because of their role in transshipment) pose a serious problem in effectively tracking and monitoring IUU fishing, leading to harmful marine biodiversity activity and human rights abuses such as seafood slavery. However, reefers are readily equipped with Automatic Identification System (AIS) Technology which, this paper shows, has proven to be an effective tool in MCS that PMSA parties can continue to use.

In this research study, Global Fishing Watch uses AIS information to identify where transshipment can be happening and who is doing it. About 42 percent of potential rendezvous (what is identified through AIS data to track transshipments) occur on the high seas, with the rest happening within the EEZs of different nations–especially Russia. It is concerning, however, that those areas with higher levels of reported IUU fishing correlate with areas of high potential rendezvous. With such a high level of transshipments occurring on high seas, the global community could not only benefit from using AIS data to identify illegal transshipments but must also cooperate to address lax oversight and control. This revised report improves on the methodology of the earlier finding in February 2017.

Transshipment at high seas is very difficult to monitor, allowing the possibility of illegally caught fish to enter the legitimate seafood market, or enabling human rights abuses. This paper uses AIS data to track global transshipment behavior. They find that a majority of transshipment occurs at high seas outside of EEZ boundaries–areas that may lack national jurisdiction or where regulations are difficult to enforce. Additionally, possible transshipment encounters are happening with vessels flying flags of convenience. Together, these findings paint a scene of large transparency issues in global transshipment behaviors that will need to be addressed by governing bodies.

In this research study, Global Fishing Watch uses AIS information to identify where transshipment can be happening and who is doing it. About 42 percent of potential rendezvous (what is identified through AIS data to track transshipments) occur on the high seas, with the rest happening within the EEZs of different nations–especially Russia. It is concerning, however, that those areas with higher levels of reported IUU fishing correlate with areas of high potential rendezvous. With such a high level of transshipments occurring on high seas, the global community could not only benefit from using AIS data to identify illegal transshipments but must also cooperate to address lax oversight and control.

This study uses AIS data to identify when and where transshipment occurs, which fisheries and fleets are most involved in the practice, and what proportion of the high-seas catch is transshipped versus landed directly, altogether giving a detailed account of global seafood supply chains. Among many other findings, the study finds that fishing in EEZs was mainly landed directly, but on high seas, transshipment largely predominated. Fleet usage also differed with trawlers mainly used in EEZs and longline fishing dominated at high seas. The study ultimately shows how the type of catch and its location shape the infrastructure of the supply food chain involved (i.e. a history of poor monitoring, low compliance, and weak enforcement correlates with a large number of transshipments in Russian waters.) The findings of this study can aid in identifying where illicit activity can be happening and what warrants more monitoring, control, and surveillance.

The inadequate regulatory control and monitoring of transshipment, especially at sea, create gaps that enable illicit activity. Recognizing this inadequacy and its consequences, the Pew Charitable Trusts calls for a ban on transshipment until best practices are implemented. They outline multiple best practices across three categories, reporting, monitoring, and data-sharing. By implementing these practices, all parties can be assured that adequate guidelines are in place to make transshipment a more effective and safe practice, not contributing to IUU fishing.

The 1995 FAO Code of Conduct for Responsible Fisheries (the Code) provides a set of international standards for responsible behaviour in the fisheries sector with to ensure the effective conservation, management and development of living aquatic resources, with due respect for the ecosystem and biodiversity. The Code is non-binding document and provides the framework for the development of other voluntary instruments including guidelines and international plans of action.