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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.

Following the FAO's in-depth study "Transshipment: A closer look," this report captures contributions from the ground that aim to provide voluntary guidelines for the regulation, monitoring, and control of transshipment that are in fact robust, future-proof, and operationally achievable. The study recommends looking at seven key areas that would enable relevant authorities to minimize the risk of IUU-caught seafood entering the market and to ensure compliance with national and regional legal frameworks.

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.

The Environmental Justice Foundation (EJF) has found that many Western coastal countries in Africa have been unable to control and monitor transshipment at sea. These coastal countries have insufficient resources to inspect vessels before transshipment and instead rely on onboard observers monitoring for illegal activity, who have multiple shortcomings. With 37% of West African catch coming from IUU fishing, this activity puts marine management at risk and poses severe threats to the livelihoods of coastal countries' citizens. The EJF proposes banning transshipment at sea for these coastal countries, requiring them to work with the international community and improve their monitoring and control systems.

This paper highlights the use of transhipment activities to hide IUU fishing. Transshipment allows fishing vessels to stay at sea; sometimes for years at a time and has been linked to transnational crime and human rights violations. The Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA) is a binding international treaty of the United Nations’ (UN) Food and Agriculture Organization (FAO).
With growing participation in the PSMA AIS data can be utilised to better inform the decision making process and implementation. This paper discusses the methodology and application of AIS which offers reliable and accessible information regarding port visits that has previously been difficult to obtain.

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.

This paper recognises seafood sustainability and human rights challenges associated with transshipment at sea
and seeks to identify global patterns in order to address these issues. Transshipment at sea, the offloading of catch from a fishing vessel to a refrigerated vessel far from port, can obscure the actual source of the catch. The authors analysed over 10,000 instances of fishing vessels loitering long enough to engage in transshipment of this, roughly 47% of the events occur on the high seas and 42% involve vessels flying flags of convenience.

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.

This report highlights three facets of transshipment as sea where improvements can be made to increase transparency, they include, management best practices, data reporting best practices, and monitoring best practices. The policies include 100 percent observer coverage either human or electronic for all at-sea transshipment events, require information on all at-sea transshipment events to be shared with the relevant RFMO, prohibit vessels from acting as both a fishing vessel and carrier vessel on the same trip and a multitude of other policies that fisheries can work towards implementing.

The UN adopted the Port State Measures Agreement (PMSA) in 2009 to stop the use of ports by IUU fishing and support vessels. However cost-effective they are, in many countries, particularly developing countries, a comprehensive set of tools is needed to support the practical implementation of the Agreement. To achieve this, the Pew Environmental Group developed the PMSA Toolkit, a resource that aims to help developing countries identify their capacity needs, provide them with key information, and guide them through the most technical and detailed elements of the Agreement.

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.