Patagonian Toothfish - Illegal Fishing

Illegal Fishing

In the late 1990s to early 2000s, illegal, unreported and unregulated fishing (IUU) for toothfish nearly collapsed some fisheries in the Southern Ocean. Though, since 2005, thanks to CCAMLR Member nations, government patrol vessels, NGOs, media exposure and a trade and port state measures, IUU fishing has been all but eliminated from within countries' exclusive economic zones, though a relatively small portion of IUU fishing still occurs in high seas areas.

At the peak of IUU fishing, illegal catches were estimated to be 32,000 tonnes in 1997 with approximately 55 vessels believed to be active. By 2010, IUU catches had fallen to an estimated 1,615 tonnes, all taken in high seas areas, with just four IUU fishing vessels reported to be active. This is a decrease in IUU fishing by over 95% since the mid 1990s. CCAMLR estimates that 90% of IUU catches are now of Antarctic Toothfish, not Patagonian Toothfish.

CCAMLR annually reviews information on IUU fishing activities in the Convention Area and has established a Contracting Party and a Non-Contracting Party IUU Vessel List (CCAMLR Conservation Measure 10-06 and Conservation Measure 10-07). Vessels included on the IUU Vessel Lists have engaged in IUU activities in the Convention Area and undermined the effectiveness of conservation measures, thereby threatening toothfish stocks, marine habitats and by-catch species. Vessels are included on the IUU Vessel Lists after a consensus decision from the Commission based on set criteria. This measure, combined with additional surveillance by member nations, catch documentation schemes has played a significant part in the reduction of IUU fishing for toothfish. In the last few years, the management of several fisheries has improved with increased surveillance and patrols for IUU vessels and stringent regulations for legal operators.

In the past, France sold some fishing rights to Japanese and other foreign fisheries, but because of IUU fishing, rights are now reserved for French fishers based at Réunion Island. Because of poaching, the French Navy and Australian Customs vessels work in tangent, patrolling both French and Australian EEZs and made numerous arrests and seizures in the late 1990s to early 2000s. The Australian Customs vessel, the Southern Supporter, was involved in the renowned chase and apprehension of the IUU vessel, Viarsa incident, in 2003 that stretched over 7,200 kilometers.

TACs for legal operators in CCAMLR are set, taking into account the estimated IUU catches from past years, and any current IUU activity that may be occurring in the different fisheries. In some fisheries this has meant a considerable reduction in legal catches – an example of this is the Australian Heard Island and McDonald Islands fishery, where the legal TAC peaked in 1996/97 at 3,800t. This was dropped to a minimum of 2,427t by 2006/07 with a substantial portion of that decline attributed to the IUU catches taken from the fishery between 1996 and 2002. Since then there has been zero IUU fishing in that fishery, and the legal TAC is currently 2,730t for the 2011/12 season.

In addition to the Catch Documentation System mentioned above, USA regulations do not allow toothfish imports without valid Dissostichus Catch Documents; and dealer permit and pre-approval certificates issued in advance by NOAA. In addition, toothfish must be caught from vessels equipped with satellite-linked automated VMS that track vessel movements from port-to-port to ensure compliance with set quotas and boundaries. All vessel VMS data must be reported to the centralized CCAMLR system, with confirmation to USA required that it has occurred, in order for any products from those boats to be imported into the United States.

The EU has also imposed requirements against IUU fishing that include:

• Only marine fisheries products validated as legal by the relevant flag state or exporting state can be imported to or exported from the EU.
• A European black list having been drawn up covering both IUU vessels and states that turn a blind eye to illegal fishing activities.
• EU operators who fish illegally anywhere in the world, under any flag, face substantial penalties proportionate to the economic value of their catch, which deprive them of any profit.