fisheries regulation

Fish obviously do not respect the maritime zones established by the United Nations Convention on the Law of the Sea (UNCLOS), moving instead from the waters of one State to another, crossing boundaries as they do. Transboundary stocks swim between Exclusive Economic Zones (EEZs), straddling stocks swim between EEZs and the High Seas and highly migratory fish stocks may traverse numerous EEZs as well as the High Seas. UNCLOS not only sets the maritime zones but also establishes the rights of States to exploit the fish stocks in waters under their jurisdiction or to sell licences to other States to do so.

In accordance with UNCLOS, States are obliged to exploit the living resources in their Exclusive Economic Zone in a sustainable way. Articles 117 and 118 of UNCLOS establish the fundamental principle of cooperation between States to ensure conservation and optimum management of fishery resources, both within and beyond areas under national jurisdiction. It calls on States to engage in global, regional and subregional cooperation in the management and conservation of fisheries, encouraging them to establish regional mechanisms. In 1992, ten years after UNCLOS was opened for signature but before it had entered into force, Agenda 21 called on States to cooperate in order to address inadequacies in fisheries practices, stating: “there are problems of unregulated fishing, over-capitalization, excessive fleet size, vessel reflagging to escape controls, insufficiently selective gear, unreliable databases, and lack of sufficient cooperation among countries.” In 1995 the United Nations went further with the United Nations Agreement for the Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (which entered into force in 2001) which echoed the call, putting emphasis on regional fisheries management organizations and arrangements as the primary vehicle for cooperation between States (whether coastal or High Seas fishing States) in the conservation and management of straddling fish stocks and highly migratory fish stocks.

Since the first Regional Fishery Management Organizations (RFMOs) were established in the 1920s, the inclusion of the need for regional cooperation in UNCLOS and the Fish Stocks Agreement and the involvement of the United Nations via the FAO has led to the establishment of 52 RFMOs which either manage and conserve a particular fish stock, such as ICCAT, the International Commission for the Conservation of Atlantic Tunas, or cover a specific area of the ocean, such as NAFO the North Atlantic Fisheries Organization or CCAMLR, the Commission for the Conservation of Antarctic Marine Living Resources in the Southern Ocean.

See the FAO Regional Fishery Bodies Map Viewer

See the PEW factsheet on RFMOs

By way of example, the North East Atlantic Fisheries Commission (NEAFC) covers the North East Atlantic, an area of abundant fish stocks stretching from the southern tip of Greenland, east to the Barents Sea, and south to Portugal. According to their website, NEAFC’s objective is to ensure the long-term conservation and optimum utilisation of the fishery resources in the Convention Area, providing sustainable economic, environmental and social benefits. NEAFC adopts management measures for various fish stocks and control measures to ensure that they are properly implemented. NEAFC maintains a fully automated vessel monitoring system (VMS) database to support surveillance and inspection - the major element in monitoring and controlling vessels fishing in the area.

Large areas of the ocean are not however covered by an RFMO, such as the Arctic and Central and Southwest Atlantic, and in these areas regulation of fishing is left to the discretion of individual flag States. However, even those areas with an established RFMO do not necessarily ensure a sustainable management system. The work of RFMOs is often complicated by the sheer size of the region, deficient or unavailable data, inadequate systems of control and administration and are often hampered by the limited possibility to enforce conservation and management measures. This is where technology can step in, enabling States to control their waters in an efficient and effective way.

Recent developments in technology, coupled with new AI algorithms, show enormous potential for a vastly improved system of management for any ocean activity - not just fisheries. A multi-layered system involving satellites, cameras, radar, and above all enhanced data sharing and management, is already enabling States to have a much tighter control over fisheries activities, including transshipment, IUU fisheries, bycatch and even conditions on board vessels.

For more information see the ocean management page.