Countermeasures and High Seas Fisheries Enforcement

Abstract

Despite adoption by Regional Fisheries Organisations of numerous measures aimed at deterring, preventing and eliminating illegal, unreported and unregulated fishing, IUU fishing by vessels flagged in both member and non-member states continues. None of the reciprocal boarding and inspection schemes adopted by RFOs provides for a positive right of arrest, detention or prosecution by a non-flag state in the event the flag states fails or refuses to take such action itself. The law of countermeasures may, however, provide legal justification for at-sea measures including boarding, inspection and possibly arrest and prosecution by members of RFOs against non-flag vessels of both member and non-member states. Although by nature an exceptional remedy, where the criteria discussed in this article are fulfilled, countermeasures in the form of at-sea enforcement may be an effective, and legal, tool in the fight against IUU fishing.