The European Council Regulation on Illegal, Unreported and Unregulated Fishing: An International Fisheries Law Perspective

On 29 September 2008, the Council of the European Union (EU) adopted Council Regulation (EC) No. 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing. Essentially, the EU IUU Regulation establishes a framework in which access to EU markets for fisheries products is partly conditioned by the extent to which a country, area or region of origin is demonstrably or increasingly free of IUU fishing. Aside from the amendments to US legislation in 2007, the EU IUU Regulation is the only other domestic legislative measure adopted solely to combat IUU fishing, with four main components: port State measures against third-country vessels, a catch documentation scheme, IUU vessel listing, and listing of non-cooperating States. This article analyses the EU IUU Regulation in the context of international fisheries law, and particularly international efforts to combat IUU fishing. It is concluded that the measures outlined in the EU IUU Regulation, despite several ambiguities, are generally consistent with those called for under international fisheries instruments and measures being implemented by regional fisheries management organisations.

Affiliations: 1: Director, Professor of Law, Australian National Centre for Ocean Resources and Security (ANCORS), University of Wollongong Australia; 2: Research Fellow, ANCORS, University of Wollongong Australia; 3: Ph.D. Candidate, ANCORS, University of Wollongong Australia; 4: Lecturer, Faculty of Law, Monash University Australia