By Organisation for Economic Co-Operation and Development
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Extra info for Fish Piracy: Combatting Illegal, Unreported And Unregulated Fishing
The design of recent schemes involves minimal tension with international trade rules. The use of CITES in the combat of IUU operations could expand the 44 coverage of permit-based documentation schemes based in fisheries regimes, but it remains politically contested by many fishing states.
71 If this happens, measures like labelling regulations or standards may be introduced. To ensure that such rules are non-discriminatory and not unnecessarily restrictive, however, the Agreement obliges governments to ensure a high level of harmonisation and transparency of such regulations and standards. Accordingly, even governmental labelling schemes are explicitly permitted, provided they include reasonable operational safeguards against protectionist abuse. Harmonisation and transparency provisions under the WTO are softer for regulations and standards upheld by local government or non-governmental bodies, such as MSC.
Just as there are many exits from a highway, there is always ‘some other port’ (and port facilities may be under private control). Second, just as one can slow down before passing a speed control, IUU operators can adjust the usage of the flag on the vessel, or even adjust the vessel itself, before appearing in port. The landing of an IUU catch can be done by ‘some other flag’, due to re-flagging, or by ‘some other vessel’, due to the prevalence of transhipment at sea. Despite such practical limitations, port state measures seem to be an area with potential for development, perhaps more than any other Law of the Sea mechanism.
Fish Piracy: Combatting Illegal, Unreported And Unregulated Fishing by Organisation for Economic Co-Operation and Development