6th International Forum on Illegal,

Unreported and Unregulated Fishing

Unpacking IUU – Drivers, Impacts and

Policy Responses

“Illegal Fishing”

John Pearce
 Illegal Fishing
• What is “Illegal Fishing” - FAO provide a standard definition from the IPOA
IUU which is generally agreed to be the best overall description.

• Illegal fishing refers to fishing activities:

(1) conducted by national or foreign vessels in waters under the jurisdiction

of a State, without the permission of that State, or in contravention of its
laws and regulations;

(2) conducted by vessels flying the flag of States that are parties to a
relevant regional fisheries management organisation but operate in
contravention of the conservation and management measures adopted by
that organisation and by which the States are bound, or relevant provisions
of the applicable international law; or

(3) in violation of national laws or international obligations, including those

undertaken by cooperating States to a relevant regional fisheries
management organisation.
 Illegal Fishing
• Estimates of the total value of current illegal and unreported
fishing losses worldwide are between $10 bn and $23.5 bn
annually, representing between 11 and 26 million tonnes.

Agnew DJ, Pearce J, Pramod G, Peatman T, Watson R, et al. (2009) Estimating the
Worldwide Extent of Illegal Fishing. PLoS ONE 4(2): e4570.
doi:10.1371/journal.pone.0004570).

• There were significant differences in the level of illegal and

unreported catch and the trends in those catches between
regions.

• The estimated level of illegal and unreported catch was

highest in the Eastern Central Atlantic (Area 34) and lowest in
the Southwest Pacific (Area 81), though the overall trend
globally is unchanged over the past 25 years.
Illegal Fishing
 Drivers of Illegal Fishing
• Why do fishers fish illegally?

• Economics – If the returns are greater than the costs.

• Social – If the fisher is “open” to illegal fishing, i.e. If
there is no stigma or ethical consideration/

• If both these criteria are met then illegal

fishing may occur.
 Drivers for Illegal Fishing
IUU vessels can engage in operations if benefits > costs

e.c.v > (e.r + p(a).f + s)

e = fishing effort
c = catch rate (Catch Per Unit Effort, CPUE)
v = catch value

r = running costs
p(a) = probability of arrest & conviction
f = fine on conviction (plus other sanctions)
s = social costs
 Drivers for illegal fishing

Supply & Demand

Trade/CDS
Arrest; MCS moratoria
Governance / Law
High value species distance
Consumer,
Industry and
NGO pressure
e.c.v e.r + p(a).f + s

ILLEGAL Legal defence

NO ILLEGAL
Sub-prime areas

Declining stock Transhipment at-sea

 Impacts
• Illegal fishing contributes to overexploitation of fish
stocks and is a clear hindrance to the recovery of
exploited fish populations and ecosystems.

• Legal fishers are set at a disadvantage in the

markets due to the supply of lower price, often low
quality fish.

• Food supply problems.

• Developing countries are most at risk from illegal

fishing, with total estimated catches in West Africa
being 40% higher than reported catches.
 Impacts
• Removal of “wealth” from developing countries.
• No revenue from resource rent;
• No local landings;
• No local added value;
• No ancillary services.
• Increased potential for environmental damage to
habitats and biodiversity.
• Use of banned gears may damage or destroy habitats necessary
for juveniles and / or breeding;
• Illegal fishing in closed areas /seasons for the protection of
breeding or juveniles of target and bycatch species;
• Illegal fishing during closed areas / seasons for the protection of
protected, endangered or threatened (PET) species e.g.
Albatrosses, turtles etc.
 Policy
• What can be done to reduce illegal fishing?

• Flag State

• Coastal State

• Port State

• Market State
 Policy Impacts – Flag State
• Flag States are responsible for the control of their own flag
vessels and they must ensure greater control of their vessels.
• Reduction of the ability of illegal vessels to exploit the registries of
developing countries as Flags of Non-Compliance (FONCs);
• Assistance from RFMOs in collecting and submitting data;
• FONC registries – Action against illegal vessels and where required removal
of illegal vessels from flag registers.
• Threat of suspension of trade by RFMOs against flag States with illegal
vessels.
• Work with other States in combating IUU through PSMA and
other regional initiatives.
• Provision of information;
• Harmonisation of inspection through inspector exchange / joint inspections.
• Harmonisation of sanctions – “Concept of the level playing field.”
• Transparency of actions:
• Global Register of Fishing Vessels;
• Actions taken against their own vessels, masters, companies and owners;
• Reduction in the potential for corruption.
 Policy Impacts – Coastal State
• Work with other States in combating IUU
through PSMA and other regional initiatives.
• Provision of information;
• Harmonisation of control and enforcement measures.
• Harmonisation of the operational enforcement and
surveillance – “Concept the level playing field” – i.e. Not
allowing illegal fishers to exploit a weak point in the
system. This may include inspector exchange / joint
inspections.
• Promotion of certification schemes for local
fisheries.
• Control and enforcement requirement ;
• Chain of custody / traceability requirement;
• High profile with consumers / retail sector.
 Policy Impacts – Port State
• Implementation of the Port State Measures Agreement.
• Information-sharing system, as envisaged in Art. 6 and 16 of the PSMA,
should be established to host information on vessels, their requests for port
entry and reports of inspection. (Part public – part restricted).
• Alignment and review of legal frameworks to allow effective implementation
of PSMA.
• Harmonisation of port state control procedures and training;
• Increased control of vessels wishing to use port services.
• Increase the effectiveness for identifying possible illegal
fishing vessels based on intelligence received from other
States (flag, port or coastal) and RFMOs
• Dissemination of intelligence on possible illegal fishing to
other States and RFMOs.
• Provision of assistance to countries requiring capacity
building.
• Enhanced transparency of actions once legal requirements
have been considered.
 Policy Impacts – Market State
• Governments need to ensure that no
illegal fish are exported from their country
or enter their markets.
• EU IUU Regulation and similar requirements.
• Efficient control of imports, establishment of legal
frameworks that require documentary proof of the
legality of catches and the capacity of a State to
provide effective validation of exports and verification
of imports.
• Consumer and NGO driven campaigns
• Redefining the decision making process of sourcing
fish of many high profile retailers.
 Summary
• Illegal fishing is still at a high level, particularly in
some regions and developing countries.

• Policy actions are required at global, regional and

national levels to reduce it.

• Key policies to drive the reduction in illegal fishing:

• PSMA and increase in port state control;
• Global record of fishing vessels;
• Harmonisation of level of control and sanctions;
• Sharing of MSC resources and information;
• Market / Consumer driven requirements for certification and the
supply of documented legal fish is becoming increasingly
dominant in some markets.