Fisheries management and flags of convenience

Abstract

The over-exploitation of the world's fish resources and the depletion of many fish stocks have brought into focus the need for effective fisheries management and conservation measures. Many states have adopted international instruments or have participated in regional conservation committees to regulate and control fishing activities within their jurisdiction as well as on the high seas. However, compliance with the provisions of the fishery laws has been limited and as fishing restrictions increase, more incidents of illegal, unregulated and unreported (IUU) fishing activities are being reported. IUU fishing is facilitated by the use of flags of convenience (FOC), which enable fishing vessel owners to escape regulations, and often avoid liability for their actions. Many measures have been introduced and many existing laws have been reinforced to address the implications of FOCs in effective fisheries management. However, the FOC fishing fleet continues to increase, indicating that there are flaws in the current regulatory scheme. The objective of this thesis is to identify those flaws by examining both the conservation regime for fisheries as well as the role of FOCs in the world's fish trade, rather than focusing solely on their negative impact.

(cont.) By studying the rationale for the decisions of all participants in the fishing industry, from lawmakers, to major traders, we conclude that increasing transparency and flag state responsibility, although necessary, will not eliminate IUU fishing. FOCs are not the driving force for illegal fishing; on the contrary, they are the means to serve the purpose, which in this case is the satisfaction of high demand for high-valued scarce fishery resources.