Combating illegal fishing in the Southern Ocean: Australian-French co-operation

• Main Author: Clare, Alexandra
• Format: Report
• Language: unknown
• Published: 2015
• Subjects: fishing; illegal; Southern Ocean; Australia; France; Patagonian Toothfish; Antarctic; Kerguelen; Antarc*
• Online Access: http://hdl.handle.net/1885/13929

The Patagonian Toothfish in the waters surrounding the Kerguelen, Crozet, Heard and MacDonald Islands are under serious threat by the continued exploitation of illegal, unreported and unregulated (IUU) fishing vessels. The high value of these fish, coupled with difficulties faced by Australia and France in policing their waters makes illegal fishing an enticing prospect. This research paper examines the scope of the threat, the underlying factors contributing to its development and the strategic enforcement operations between Australia and France to combat the practice in their claimed maritime zones of jurisdiction. After assessing the respective countries operational responses and legal developments, a range of conclusions were drawn. With dockside prices ranging as high as $A40 to $A100 per kilogram, toothfish has rapidly become one of the most lucrative, illegal fishing species globally: a good haul can bring in $4 million. The perpetrators of IUU fishing are highly elaborate transnational crime operations that use front companies, fraudulent documentation, and corrupt port officials to smuggle illegal toothfish into ports around the world. The vessels often use active intelligence methods to obtain information about a State's enforcement efforts and exploit weaknesses in national and international fisheries law. To protect this rapidly declining resource, countries such as France and Australia that have Exclusive Economic Zones (EEZ) surrounding sub-Antarctic islands, have tightened controls over their domestic fisheries laws whilst simultaneously strengthened their operational enforcement capabilities. Both Governments employ armed patrol vessels to provide surveillance and apprehend vessels operating illegally. The French also utilise Envisat and Radarsat-1 satellite surveillance imagery to provide round the clock tracking capability. To reinforce these measures, Australia and France adopted a coordinated approach to surveillance and law enforcement operations by signing a bilateral treaty in late 2003 and again in 2007. Under the 2003 Agreement, Australian officers on French patrol vessels can apprehend illegal fishing vessels in Australian waters. Likewise French officers on board Australian patrol vessels can apprehend illegal fishing vessels operating in French waters. Cooperative activities include the exchange of information concerning the movements and related details of fishing vessels, cooperative surveillance activities and the establishment of a shared register of fishing vessels licensed to operate in French and Australian waters. The 2007 Treaty formalises the cooperative enforcements of the two states fishing laws, as set out in the 2003 Treaty. These measures demonstrate the evolution of state practice in response to IUU fishing. Since the initiation of these measures, France and Australia has witnessed a significant decline in the estimate of IUU catches being taken from within the claimed EEZs. However, IUU fishing remains far from being eradicated and unprecedented destruction has already been observed. CCAMLR estimates that some populations of toothfish are already commercially extinct. The dynamic nature of the problem necessitates a multi-pronged approach to be adopted to control the international trade in toothfish and make the activity less attractive to those involved. Domestic actions to implement rules and regulations that go above and beyond CCAMLR provisions need to be adopted by both Australia and France. Additional action also needs to be taken by CCAMLR and the Convention on the Internationals Trade of Endangered Species to close the remaining loopholes in regional policies. The key findings and recommendations in this report are: 1) Strengthen the international monitoring, control and surveillance network through the introduction of an electronic Catch Documentation Scheme. 2) Establish a transparent and non-discriminatory enforcement regime that holds flag states accountable for implementing CCAMLR Conservation Measures 3) Use trade sanctions to force compliance with the CCAMLR regime against those parties repeatedly involved in IUU fishing. 4) Develop minimum guidelines for port state controls and actions against IUU fishers - including pre-notification of intent to offload. 5) Strengthen RFMO action through the publication of a centrally managed IUU Vessel List 6) Strengthen bilateral actions between CCAMLR member states through cooperative arrangements. 7) List tooth.fish in the Convention on the International Trade of Endangered Species to expand the levels of compliance and enforcement.