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Transnational Crime and the Developing World

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IX. Illegal, Unreported, <strong>and</strong> Unregulated Fishing<br />

A. Overview<br />

Illegal, unreported, <strong>and</strong> unregulated (IUU) fishing is a serious issue that impacts not only conservation<br />

but development <strong>and</strong> security as well. Fishing is a major industry around <strong>the</strong> world, <strong>and</strong> even a small<br />

level of IUU fishing can generate billions of dollars in illicit profits. With an estimated 90 percent of <strong>the</strong><br />

world’s fisheries classified as fully exploited or overexploited, legal <strong>and</strong> sustainable fishing operations are<br />

critical to maintain <strong>the</strong> integrity of global fishery resources. 267<br />

IUU fishing covers a variety of fishing activities, such as fishing in contravention to a State’s laws, using<br />

illegal gear, <strong>and</strong> misreporting catch volumes. Table T provides a summary of <strong>the</strong> Food <strong>and</strong> Agriculture<br />

Organization (FAO) of <strong>the</strong> United Nations’ definition of IUU fishing. 268<br />

Table T. What is IUU Fishing?<br />

Component<br />

Description<br />

Illegal<br />

Unreported<br />

“Fishing activities that are i) conducted by national or foreign vessels in waters under<br />

<strong>the</strong> jurisdiction of a State, without <strong>the</strong> permission of that State, or in contravention of its<br />

laws <strong>and</strong> regulations; ii) conducted by vessels flying <strong>the</strong> flag of States that are parties to<br />

a relevant regional fisheries management organization but operate in contravention of<br />

<strong>the</strong> conservation <strong>and</strong> management measures adopted by that organization <strong>and</strong> by which<br />

<strong>the</strong> States are bound, or relevant provisions of <strong>the</strong> applicable international law; or iii)<br />

in violation of national laws or international obligations, including those undertaken by<br />

cooperating States to a relevant regional fisheries management organization.”<br />

“Fishing activities i) which have not been reported, or have been misreported, to <strong>the</strong><br />

relevant national authority, in contravention of national laws <strong>and</strong> regulations; or ii)<br />

undertaken in <strong>the</strong> area of competence of a relevant regional fisheries management<br />

organization which have not been reported or have been misreported, in contravention of<br />

<strong>the</strong> reporting procedures of that organization.”<br />

Unregulated<br />

“Fishing activities i) in <strong>the</strong> area of application of a relevant regional fisheries management<br />

organization that are conducted by vessels without nationality, or by those flying <strong>the</strong><br />

flag of a State not party to that organization, or by a fishing entity, in a manner that is<br />

not consistent with or contravenes <strong>the</strong> conservation <strong>and</strong> management measures of that<br />

organization; or ii) in areas or for fish stocks in relation to which <strong>the</strong>re are no applicable<br />

conservation or management measures <strong>and</strong> where such fishing activities are conducted<br />

in a manner inconsistent with State responsibilities for <strong>the</strong> conservation of living marine<br />

resources under international law.”<br />

Source: Food <strong>and</strong> Agriculture Organization<br />

267<br />

Food <strong>and</strong> Agriculture Organization of <strong>the</strong> United Nation, The State of <strong>World</strong> Fisheries <strong>and</strong> Aquaculture 2016: Contributing to Food Security <strong>and</strong><br />

Nutrition for All (Rome: Food <strong>and</strong> Agriculture Organization of <strong>the</strong> United Nations, 2016), 38, http://www.fao.org/3/a-i5555e.pdf. According to <strong>the</strong> FAO,<br />

“31.4 percent of assessed fish stocks were estimated as fished at a biologically unsustainable level <strong>and</strong> <strong>the</strong>refore overfished. Of all <strong>the</strong> stocks assessed<br />

in 2013, 58.1 percent were fully fished <strong>and</strong> 10.5 percent underfished.”<br />

268<br />

“International Plan of Action to Prevent, Deter <strong>and</strong> Eliminate Illegal, Unreported <strong>and</strong> Unregulated Fishing,” Food <strong>and</strong> Agriculture Organization of <strong>the</strong><br />

United Nations, 2001, http://www.fao.org/docrep/003/y1224e/y1224e00.HTM.<br />

<strong>Transnational</strong> <strong>Crime</strong> <strong>and</strong> <strong>the</strong> <strong>Developing</strong> <strong>World</strong> 61

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