Transnational Crime and the Developing World
Transnational_Crime-final
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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