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Environmental Natural Resources Law

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 e-book information the efforts of the conference for the Conservation of Antarctic Marine residing assets fee and the Australian executive to undertake complementary measures to discourage IUU fishing within the Southern Ocean. It describes how those a variety of measures have confirmed powerful 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

10 Concealed within this brief précis of the development of IUU fishing is the myriad of underlying legal and non-legal factors that have contributed to its development. The displacement of distance water fishing vessels through the extension, by many States, of coastal maritime zones; rapid advancements in technology, which have improved vessel efficiency; significant capital investment in the fishing industry (including subsidies); increases in the global population and corresponding increases 4 5 6 7 8 9 10 See specifically Article 87 of the United Nations Convention for the Law of the Sea opened for signature 10 December 1982, 19 ILM 1261 (entered into force 16 November 1994) (‘LOSC’).

110 The right to the freedom of fishing on the high seas has, combined with the principle of flag state authority allowed fishers to exercise their high seas rights whilst concurrently avoiding regulation if they choose to do so. 111 The principle of the freedom of the high seas, a subset of which is the freedom of fishing on the high seas,112 militates against the establishment of an effective regime for high seas fisheries regulation. Whilst the LOSC does detail general limitations on the exercise of the right to fish on the high seas, through the application of Articles 116-119, in practice some States do allow their flagged vessels to fish the high seas without ensuring compliance with these general obligations.

The meeting was attended by delegates from the 126 member states of the FAO. The 1999 Rome Declaration on the Implementation of the Code of Conduct for Responsible Fisheries was adopted at this meeting (‘Rome Declaration’). The Rome Declaration was subsequently supported by the 7th session of the UN Commission on Sustainable Development (19-30 April 1999). Ibid paragraph (j) of the Rome Declaration. UNGA Resolution 54/32 (2000). Adopted at the 54th session of the UNGA, paragraph 9. IPOA-IUU, Section II.

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