What laws govern the sea? (Secondary) - Lesson Five
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Lesson duration is: 45 minIntroduction
Lesson 5 – What laws are illegal fishing vessels infringing?
This lesson discusses some of the activities that illegal fishing operations use to cover up their criminal activities and starts to look at the weaknesses in the regulatory systems that they exploit.
Learning activities:
Watch and discuss video – what illegal activities were taking place.
Research the IUU fishing activities, looking at the extent of the issue,
Instructions
Time: 45 minutes
Contact: education@seashepherdglobal.org
© Sea Shepherd 2022
Items in this lesson
Slide 1 - Slide
This lesson is provided by Sea Shepherd. Sea Shepherd was founded in 1977 and is a marine conservation organisation working to protect the oceans and marine wildlife. Sea Shepherd works globally on a range of issues impacting the oceans, running numerous direct action campaigns each year.
Slide 2 - Slide
During the lesson we will use these icons to identify the learning actions.
Slide 3 - Slide
We have discussed the laws of the sea, covering international and territorial waters, as well as those that apply to ships. This lesson we are going to look at how these apply to illegal fishing vessels and which laws they are failing to comply with.
Illegal fishing vessels carry our Illegal, Unreported and Unregulated fishing activities, these comprise:
Illegal fishing means that the fishermen enter the territorial waters of a country or regulated marine zone without permission or without a license for the fish they intend to catch.
Unreported - means that a fishing vessel may have a license with an allocated quota for fishing a particular species but catches more than their quota states and without reporting the extra catch.
Unregulated - refers to areas where there may not be a quota or any regulations in place, either in that location or for the type of species.
Illegal fishing vessels carry our Illegal, Unreported and Unregulated fishing activities, these comprise:
Illegal fishing means that the fishermen enter the territorial waters of a country or regulated marine zone without permission or without a license for the fish they intend to catch.
Unreported - means that a fishing vessel may have a license with an allocated quota for fishing a particular species but catches more than their quota states and without reporting the extra catch.
Unregulated - refers to areas where there may not be a quota or any regulations in place, either in that location or for the type of species.
Why does illegal fishing
activity occur?
activity occur?
Slide 4 - Mind map
Ask students: “Why do you think illegal fishing activity occurs?”
Some of the reasons include:
High demand for fish at cheap prices encourages operators to find ways to cut costs and take extra catch.
Quotas on species that have been overfished lead to higher market prices, which encourages operators to find ways to increase their catch of these species.
Restricted trade in some species, such as sharks, leads to a black market trade.
Perceived weakness in a countries supervision of fisheries might encourage illegal activity. This includes corruption of officials who monitor fishing. For instance, when fish is brought into port for sale.
Some of the reasons include:
High demand for fish at cheap prices encourages operators to find ways to cut costs and take extra catch.
Quotas on species that have been overfished lead to higher market prices, which encourages operators to find ways to increase their catch of these species.
Restricted trade in some species, such as sharks, leads to a black market trade.
Perceived weakness in a countries supervision of fisheries might encourage illegal activity. This includes corruption of officials who monitor fishing. For instance, when fish is brought into port for sale.
Slide 5 - Slide
Illegal vessels are often found to be carrying out a number of activities making it difficult for law enforcement to prosecute them. This includes:
False logbooks
Fishing vessels are required to record their catch in a logbook. Illegal operators will sometimes keep two sets of logbooks, one that shows the legal fishing catch, where they have a license to fish, and a second set which is a true record of their catch. The second logbook will be kept hidden in case of inspection by law enforcement authorities.
False logbooks
Fishing vessels are required to record their catch in a logbook. Illegal operators will sometimes keep two sets of logbooks, one that shows the legal fishing catch, where they have a license to fish, and a second set which is a true record of their catch. The second logbook will be kept hidden in case of inspection by law enforcement authorities.
Slide 6 - Slide
Hiding vessel ownership
To hide the true owners of a ship, operators may use holding companies. These are unlisted companies created to own an asset, such as a ship. Hiding the owners of the company reduces the ability of law enforcement to prosecute them for illegal activities.
Changing names
Illegal vessels, particularly those that have previously been caught operating illegally, will use fake names and documents. Regularly changing a ships name makes it difficult to track a vessel that has previously been caught operating illegally.
The owners may change the ship’s name when they change its registration details or simply create forged documents. Illegal vessels often also change their name when they enter port, simply by painting over the name on the side of a ship or creating new signs to hang over the official name of the vessel.
Country of registration
All vessels must be registered with a flag state. Vessels which are not registered are considered to be stateless and are called ‘pirate vessels’. Pirate vessels have no flag state protection at sea and can be boarded by anyone.
Illegal vessels will change the country of registration for several reasons. First if they have been caught operating illegally, they may have been struck from a registry. This means the country that runs the shipping registry does not want to support an illegal operator and has revoked the registration.
The second reason to change the name is that the owners are trying to hide ownership. They will look for a new country to register their vessels. Some countries are known to run registries that do not have strict control in place to properly identify vessels or ownership, making it easy for illegal operators to register a vessel.
To hide the true owners of a ship, operators may use holding companies. These are unlisted companies created to own an asset, such as a ship. Hiding the owners of the company reduces the ability of law enforcement to prosecute them for illegal activities.
Changing names
Illegal vessels, particularly those that have previously been caught operating illegally, will use fake names and documents. Regularly changing a ships name makes it difficult to track a vessel that has previously been caught operating illegally.
The owners may change the ship’s name when they change its registration details or simply create forged documents. Illegal vessels often also change their name when they enter port, simply by painting over the name on the side of a ship or creating new signs to hang over the official name of the vessel.
Country of registration
All vessels must be registered with a flag state. Vessels which are not registered are considered to be stateless and are called ‘pirate vessels’. Pirate vessels have no flag state protection at sea and can be boarded by anyone.
Illegal vessels will change the country of registration for several reasons. First if they have been caught operating illegally, they may have been struck from a registry. This means the country that runs the shipping registry does not want to support an illegal operator and has revoked the registration.
The second reason to change the name is that the owners are trying to hide ownership. They will look for a new country to register their vessels. Some countries are known to run registries that do not have strict control in place to properly identify vessels or ownership, making it easy for illegal operators to register a vessel.
Slide 7 - Slide
The main motivation of illegal vessels is to make money. The one aspect of the operation they will try to save money on is crew. They often have a core crew who run the vessel, but the fishing crew will be made up of poor workers.
These workers are often slaves, part of the human trafficking networks around the world. They may be lured to work on fishing vessels believing they will earn a good income to support their families. Once on board these vessels they are not paid and may not see land again for years.
Fishing crews work long hours to deploy fishing nets, bring them in and process the catch.
They may only be provided with limited food rations and often penalised if the captain deems the catch not to be big enough.
Their living conditions are poor, packed into small areas to sleep, often dirty, hot and exposed to fumes from the vessel’s engines.
Illegal fishing vessels are unlikely to adhere to safe working conditions, resulting in injuries and even death. Most of these vessels are not provided with medical attention.
These men could die at sea and be simply thrown overboard, with their families never knowing what happened to them.
Fishing crews work long hours to deploy fishing nets, bring them in and process the catch.
They may only be provided with limited food rations and often penalised if the captain deems the catch not to be big enough.
Their living conditions are poor, packed into small areas to sleep, often dirty, hot and exposed to fumes from the vessel’s engines.
Illegal fishing vessels are unlikely to adhere to safe working conditions, resulting in injuries and even death. Most of these vessels are not provided with medical attention.
These men could die at sea and be simply thrown overboard, with their families never knowing what happened to them.
Slide 8 - Slide
Illegal operators use a number of methods to try and hide the origin of their catch and avoid detection by law enforcement authorities as they move between countries.
One way to hide the source of the fish is by using transhipment.
Transhipping vessels will receive fishing catches from a number of vessels before heading to port to offload. This provides an opportunity for the source of the catch to be hidden, as fishing catches are combined.
Illegal fleets can use transhipping vessels to take their combined catch back to their country of origin or to a pre-arranged market.
Transhipping vessels are also used to provide supplies and transfer crew to fishing vessels so that these fishing vessels can stay at sea for long periods of time without having to visit port.
One way to hide the source of the fish is by using transhipment.
Transhipping vessels will receive fishing catches from a number of vessels before heading to port to offload. This provides an opportunity for the source of the catch to be hidden, as fishing catches are combined.
Illegal fleets can use transhipping vessels to take their combined catch back to their country of origin or to a pre-arranged market.
Transhipping vessels are also used to provide supplies and transfer crew to fishing vessels so that these fishing vessels can stay at sea for long periods of time without having to visit port.
Slide 9 - Slide
Transhipping involves small and large scale commercial fishing.
United Nations research shows 5 main types:
Catching vessel to reefer (refrigerated cargo vessel) – This occurs in port and at sea - species tuna, small pelagic, krill, squid.
Catching vessel to container – while in port – tuna, squid, multi-species catch.
Catching vessel to floating storage vessel- anchored at sea – tuna, multi-species catch.
Catching vessel to small transport vessel – within EEZ/coastal area – multi-species catches, small pelagic, conch or crab.
Catching vessel to catching vessel – at sea (EEZ to high seas) – multi-species, small pelagic, conch or tuna.
United Nations research shows 5 main types:
Catching vessel to reefer (refrigerated cargo vessel) – This occurs in port and at sea - species tuna, small pelagic, krill, squid.
Catching vessel to container – while in port – tuna, squid, multi-species catch.
Catching vessel to floating storage vessel- anchored at sea – tuna, multi-species catch.
Catching vessel to small transport vessel – within EEZ/coastal area – multi-species catches, small pelagic, conch or crab.
Catching vessel to catching vessel – at sea (EEZ to high seas) – multi-species, small pelagic, conch or tuna.
Slide 10 - Slide
While laws provide the framework to tackle illegal fishing, one of the most effective ways to deter or detect illegal fishing is by patrolling territorial waters and inspecting vessels.
Law enforcement authorities can search vessels and check their catch to ensure they are complying with their license provisions.
Law enforcement authorities can search vessels and check their catch to ensure they are complying with their license provisions.
Slide 11 - Video
This video (10.18 min) shows an investigation by Sea Shepherd into the Chinese squid fleet around the Galapagos Islands:
https://www.youtube.com/watch?v=GKvFNxOIaqY
https://www.youtube.com/watch?v=GKvFNxOIaqY
Slide 12 - Slide
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Slide 13 - Slide
Refer Teachers Guide for Learning Activities.
