IUU Fishing as a Flag State Accountability Paradigm

Can the WTO Help Fight IUU Fishing through Clarity-Enhancing Market Measures?

“…This results in confusion as to what specific activities states should identify and which activities require market measures. 14 Further, neither of the definitions of IUU fishing included by the United States and the EU in their respective legal frameworks (i.e., for market controls on the importation of fishing products) replicate the framework set out in the IPOA IUU in identical terms. 15 This means that, for states and international organizations attempting to articulate market measures, "IUU fishing" represents different things to different entities.…”

Eliminating government support to illegal, unreported and unregulated fishing

“…7 It further includes a series of provisions specifying the applicability and implementation of the former. 8 At the national level, some countries are in the process of revising their domestic legislation and regulation.…”

“…The text includes the following footnote: For the purpose of Article 3, the term "operator" means the operator within the meaning of Article 2(e) at the time of the IUU fishing infraction. For greater certainty, the prohibition on granting or maintaining subsidies to operators engaged in IUU fishing applies to subsidies provided to fishing and fishing related activities at sea 8. The text in particular includes provisions on the need to have processes in place to avoid supporting IUU fishing in Article 3.7: "Each Member shall have laws, regulations and/or administrative procedures in place to ensure that subsidies referred to in Article 3.1, including such subsidies existing at the entry into force of this Agreement, are not granted or maintained.…”