Fishing is one of the oldest and most important human activities, providing food, income and livelihoods for millions of people around the world. However, fishing also poses significant challenges for the conservation and management of marine resources, the protection of the marine environment, and the respect for human rights and labor standards.
To address these challenges, a complex and evolving legal framework has been developed at the international, regional and national levels, involving various actors and instruments.
We provide a brief overview of some of the main aspects and issues of maritime law and fishing.
International Law
International law is the body of rules and principles that governs the relations and interactions among states and other subjects of international law, such as international organizations, non-governmental organizations, and individuals. International law covers a wide range of topics, including maritime law, which is the branch of international law that deals with the rights and obligations of states and other actors in relation to the oceans and seas.
One of the most important sources of international maritime law is the United Nations Convention on the Law of the Sea (UNCLOS), which was adopted in 1982 and entered into force in 19941. UNCLOS establishes a comprehensive legal regime for the oceans and seas, defining the rights and duties of states in different maritime zones, such as territorial sea, exclusive economic zone (EEZ), continental shelf, high seas, and international seabed area. UNCLOS also sets out the general principles and obligations for the conservation and management of living marine resources, the protection and preservation of the marine environment, the peaceful settlement of disputes, and the cooperation among states and other stakeholders.
Another important source of international maritime law is the international fisheries law, which is composed of various treaties, agreements, resolutions, guidelines, codes of conduct, and other instruments that regulate different aspects of fishing activities. Some of these instruments are global in scope, such as the 1995 Agreement for the Implementation of the Provisions of UNCLOS Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UN Fish Stocks Agreement)2, which provides a framework for cooperation among states in managing shared fish stocks on the high seas. Others are regional in scope, such as the 1980 Convention on Conservation of Antarctic Marine Living Resources (CCAMLR)3, which establishes a system for regulating fishing activities in the Antarctic region. International fisheries law also covers specific issues or aspects of fishing activities, such as illegal, unreported and unregulated (IUU) fishing, bycatch, safety at sea, labor standards, trade, and subsidies.
Regional Law
Regional law is the body of rules and principles that governs the relations and interactions among states within a specific geographical area or with common interests or values. Regional law may complement or supplement international law, or may establish specific norms or standards for its members. Regional law may be created by regional organizations, such as intergovernmental organizations (IGOs) or regional economic integration organizations (REIOs), or by regional agreements or arrangements among states.
One of the main types of regional law related to maritime law and fishing is the regional fisheries management organizations (RFMOs), which are IGOs or arrangements established by states to cooperate in managing fish stocks that occur within a specific area or that are shared by two or more states. There are currently 17 RFMOs in operation around the world, covering different regions or species. RFMOs have different functions and powers, depending on their constitutive instruments and decisions. Some RFMOs have competence to adopt legally binding conservation and management measures for their members and non-members fishing in their area of competence. Others have competence to provide scientific advice or recommendations for their members. RFMOs also have different mechanisms for monitoring, control and surveillance (MCS) of fishing activities, compliance assessment and enforcement actions.
Another type of regional law related to maritime law and fishing is the regional economic integration organizations (REIOs), which are IGOs established by states to promote economic integration among their members through trade liberalization, market integration, policy coordination or harmonization, or monetary union. Some REIOs have developed specific policies or regulations for maritime affairs or fisheries within their region or for their members. For example, the European Union (EU) has a common fisheries policy (CFP), which aims to ensure that fishing activities are environmentally sustainable, economically viable, socially responsible, and consistent with other EU policies. The CFP covers various aspects such as access to waters and resources, allocation of fishing opportunities, technical measures, control and enforcement, external relations, market organization, structural support, scientific advice, stakeholder participation, etc.
National Law
National law is the body of rules and principles that governs the relations and interactions among individuals or entities within a state or that are subject to the jurisdiction of a state. National law may reflect or implement international or regional law, or may establish specific norms or standards for its subjects. National law may be created by the constitution, legislation, regulations, judicial decisions, customary law, or other sources of law recognized by the state.
National law related to maritime law and fishing may vary significantly from state to state, depending on their legal system, political system, economic system, social system, cultural system, historical background, geographical situation, etc. However, some common elements or aspects of national law related to maritime law and fishing may include:
- The delimitation of maritime boundaries and zones, such as territorial sea, EEZ, continental shelf, etc., in accordance with international law and practice.
- The establishment of national authorities or agencies responsible for maritime affairs or fisheries, such as ministries, departments, commissions, councils, etc., and their functions and powers.
- The regulation of fishing activities within the national jurisdiction or by national vessels on the high seas or in other states’ waters, such as licensing, registration, authorization, reporting, inspection, etc.
- The adoption of conservation and management measures for fish stocks within the national jurisdiction or by national vessels on the high seas or in other states’ waters, such as quotas, catch limits, size limits, gear restrictions, closed areas, closed seasons, etc.
- The implementation of MCS measures for fishing activities within the national jurisdiction or by national vessels on the high seas or in other states’ waters, such as observer programs, vessel monitoring systems (VMS), electronic reporting systems (ERS), port state measures (PSM), etc.
- The enforcement of national laws and regulations for fishing activities within the national jurisdiction or by national vessels on the high seas or in other states’ waters, such as sanctions, penalties, fines, confiscation, suspension, revocation, etc.
- The cooperation with other states or organizations in relation to maritime affairs or fisheries, such as bilateral or multilateral agreements or arrangements, joint patrols or operations, information exchange or sharing, dispute settlement mechanisms, etc.
Challenges and Opportunities
Maritime law and fishing is a dynamic and complex field that faces various challenges and opportunities in the current and future context. Some of the main challenges and opportunities include:
The impact of climate change on the marine environment and fish stocks, such as changes in temperature, salinity, acidity, oxygen levels, currents, weather patterns, etc., which may affect the distribution, abundance, productivity, and resilience of fish stocks, and the adaptation and mitigation strategies of states and other actors.
The development of new technologies and innovations for fishing activities, such as artificial intelligence, biotechnology, nanotechnology, robotics, etc., which may offer new opportunities for improving the efficiency, effectiveness, and sustainability of fishing activities, but also pose new challenges for the regulation, monitoring, control, and enforcement of fishing activities.
The emergence of new actors and interests in the maritime domain, such as non-state actors, private sector entities, civil society organizations, etc., which may have different motivations, objectives, and capacities for engaging in or influencing fishing activities, and may require new forms of cooperation, coordination, or regulation among states and other stakeholders.
The evolution of the legal framework and practice for maritime affairs or fisheries, such as the development of new norms or standards, the interpretation or application of existing rules or principles, the settlement or prevention of disputes or conflicts, etc., which may reflect the changing realities, needs, and expectations of states and other actors in relation to the oceans and seas.
Maritime law and fishing is a fascinating and important field that requires constant attention and action from states and other actors to ensure that fishing activities are conducted in a responsible and sustainable manner, respecting the rights and obligations of all parties involved, and contributing to the well-being of present and future generations.