DOCSLIB.ORG

Ending the Use of Flags of Convenience by Pirate Fishing Vessels

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Ending the Use of Flags of Convenience by Pirate Fishing Vessels LOWERING THE FLAG ENDING THE USE OF FLAGS OF CONVENIENCE BY PIRATE FISHING VESSELS A REPORT BY THE Protecting People and Planet in collabora������������������������ Foundaon for Internaonal Environmental Law and Development (FIELD) and Kalipso LOWERING THE FLAG 1 Protecting People and Planett 1 Amwell Street 41, Avenue des Azalées 3 Endsleigh Street London EC1R 1UL, United Kingdom Quatre Bornes, Maurius London WC1H 0DD, UK Tel +44 (0) 20 7239 3310 Tel: +230 465 3889/ +230 465 field@field.org.uk Fax +44 (0) 20 7713 6501 3913 | Fax: +230 466 459 www.field.org.uk [email protected] www.kalipso.mu Registered charity no: 802 934 www.ejfoundaon.org The Environmental Jusce Foundaon is a UK NGO working internaonally to ensure environmental security and defend basic human rights. Charity registered in England and Wales (No. 1088128). PDF version of this and other EJF reports can be found at www.ejfoundaon.org/reports EJF’s Save the Sea campaign is generously supported by: Comments or queries about EJF’s projects to protect the marine environment and coastal communies in the global south should be directed to [email protected]. This document should be cited as: EJF (2009) Lowering the Flag – Ending the use of Flags of Convenience by Pirate Fishing Vessels. London ISBN No. 1-904523-19-6 This report was researched, wrien and produced by the Environmental Jusce Foundaon (EJF). This report has been generously supported by: Layout and cover design by Guilherme Altmayer. Printed on 100% post-consumer waste recycled paper using vegetable-based inks. EJF, FIELD and Kalipso would like to thank the following people and their organisaons for the invaluable me and assistance IMPORTANCE NOTICE: Much of the data collected in this report with informaon, ideas and visual materials used in this report, has been compiled using Lloyd’s Register of Ships. It is impor- but we in no way imply that they endorse the report’s content or tant to note that data obtained from Lloyd’s has limitaons, as conclusions. only vessels with IMO numbers are included. This is likely to Greenpeace Internaonal, Ma Gianni, Judith Swann, Marni mean that there are more fishing vessels without IMO numbers Gotje, Michael Earle, Gilles Hosch, Frank Meere, Maurian Fishing that fly Flags of Convenience than those idenfied in the data Communies in this report. Informaon available on Lloyd’s databases is also subject to the limitaons of informaon reporng, and may be All images copyright Environmental Jusce Foundaon (EJF), inaccurate. As vessels can and do reflag, oen frequently, data unless otherwise indicated. available on Lloyd’s can also be out of date. 2 LOWERING THE FLAG LOWERING THE FLAG ENDING THE USE OF FLAGS OF CONVENIENCE BY PIRATE FISHING VESSELS CONTENTS Execuve Summary 4 Introducon 5 What is IUU Fishing? 6 What are Flags of Convenience? 7 Flag of Convenience States 8 How Flags of Convenience facilitate IUU fishing 10 Who is Responsible? 12 Fishing Vessels flagged to FoC States 13 Why FoC Countries fail to fulfil their Flag State Responsibilies 14 Fisheries Support Vessels 15 Case Study - Reefers, FoC, and IUU fishing in West Africa 17 Who Benefits? 19 Do FoC States benefit financially from flagging Fisheries Vessels? 20 Flags of Convenience and the exploitaon of crews 22 FoC States face economic loss - New regulaons and trade sancons 23 Case Study: Maurius 25 Current Status of IUU Fishing 26 Addressing Flags of Convenience 28 Conclusions 32 Recommendaons 33 References 34 GLOSSARY CHOGM Commonwealth Heads of Government Meeng IMO Internaonal Marime Organisaon CCAMLR Commission for the Conservaon of Antarcc Marine Living IOTC Indian Ocean Tuna Commission Resources IPOA Internaonal Plan of Acon DfID Department for Internaonal Development (UK) ITF Internaonal Transport Workers Federaon DG Mare Directorate-General for Marime Affairs and Fisheries ITLOS Internaonal Tribunal for the Law of the Sea (European Commission) IUU Illegal, Unreported and Unregulated (Fishing) DWFN Distant Water Fishing Naons LSFV Large Scale Fishing Vessels EC European Community MCS Monitoring, Control and Surveillance EEZ Exclusive Economic Zone EU - European Union MRAG Marine Resources Assessment Group FAO United Naons Food and Agriculture Organisaon OECD Organisaon for Economic Co-operaon and Development FoC Flag of Convenience PoC Port of Convenience FONC Flag of Non-Compliance RFMO Regional Fisheries Management Organisaon ICCAT Internaonal Commission for the Conservaon of Atlanc UNCLOS United Naons Convenon on the Law of the Sea Tuna UNFSA United Naons Fish Stocks Agreement ILO Internaonal Labour Organisaon VMS Vessel Monitoring System LOWERING THE FLAG 3 EXECUTIVE SUMMARY Illegal, Unreported and Unregulated (IUU) or ‘pirate’ fishing • As well as fishing vessels, refrigerated transport ves- is plundering fish stocks, devastang marine environments sels (know as ‘reefers’) flying FoC have been widely and stealing from some of the poorest people of the world. implicated in IUU fishing operaons; in West African IUU is the term given to any fishing acvity that contra- field invesgaons undertaken by EJF virtually all IUU venes naonal or internaonal laws, such as using banned reefers were documented flying FoC. Reefers allow IUU fishing gears; targeng protected species; operang in fishing vessels to tranship their catches, restock on food protected or reserved areas or at mes when fishing is pro- and bait, refuel and re-crew without having to make hibited; or operang without any form of permit or license the lengthy (and costly) journey to port. 700 reefers are to fish. IUU fishing vessels cut costs to maximise profits and currently registered with FoC; Panama, Bahamas and use a variety of means, including Flags of Convenience to Liberia account for 70%. Even those reefers whitelisted avoid detecon and penalty for wrongdoing. by RFMOs favour FoC; 86% of Fish Carriers on ICCAT lists are taking advantage of FoC registraon • Globally, pirate fishing accounts for US$10 – 23.5 billion a year, represenng between 11 and 26 million tons • European Union(EU) and East Asian companies domi- of fish. It is a highly profitable acvity being driven by nate the ownership of FoC vessels. Taiwanese, South the enormous global demand for seafood, threatening Korean, Chinese and Japanese companies are signifi- the future of world fisheries. The impacts are social, cant, while overall EU ownership of fishing vessels flying economic, and environmental. Many IUU operators FoC has increased by 9% since 2005. There has been a deliberately target poor developing countries. recent large shi in ownership of vessels flying FoC to Panamanian companies, however it is likely that many • While internaonal law specifies that the country whose of these are shell companies registered in Panama by flag a vessel flies is responsible for controlling its acvi- foreign, and hidden, beneficial owners. es, certain states operate ‘open registries’ that allow foreign-vessels to fly their flag for a relavely ny fee. • Economically the benefits to FoC States of registering Known as Flags of Convenience (FoC), many of these fishing vessels are minimal. Annual revenues are es- countries lack the resources or the will to monitor and mated to accrue US$3-4 million to the major FoC regis- control vessels flying their flag, allowing pirate fishing tries from flagging fishing vessels, a ny amount when operaons to avoid fisheries regulaons and controls. compared to the millions of dollars lost by individual countries and the billions lost globally to IUU fishing. • FoC are notoriously easy, quick and cheap to acquire, obtainable over the internet for just a few hundred dol- • Among FoC States further economic losses are now lars. Vessels can re-flag and change names several mes likely as a result of trade sancons by RFMOs, as well as in a season, a pracce known as “flag hopping”. Backed the incoming EU-IUU regulaon, due to be implemented by shell companies, joint-ventures and hidden owners, in January 2010. This will target non-cooperave States, FoC reduce the operang costs associated with legal leaving FoC countries that depend on fisheries exports fishing, and make it extremely difficult to idenfy and extremely vulnerable to losing access to the largest penalise the real owners of vessels that fish illegally. seafood market in the world. • Available data indicates that there are currently 1061 • In light of the current crisis facing global fisheries, fishing vessels equal to or longer than 24 metres regis- failure to end the exploitaon of FoC by IUU fishing tered with FoC. Globally a further 8.5% of fishing vessels operaons will undermine efforts to achieve sustainable are listed as ‘flag unknown’, although it is likely that fisheries management, marine ecological security and some of these are flying FoC. Regional Fisheries Man- the development of many, primarily developing, coastal agement Organisaon (RFMO) blacklists are dominated States. Closing open registries to fishing vessels offers by vessels registered to FoC or flag unknown. While an efficient and cost-effecve measure to combat IUU some RFMO whitelists of authorized vessels do contain fishing. This report therefore calls for acon to end the a number flagged to FoC, total RFMO lists added to- granng of Flags of Convenience to fishing vessels, and gether do not approach the total number of FoC fishing those vessels that support fishing acvies, by indi- vessels - leaving open the queson of how and where vidual States, RFMOs, and bodies such as the European these vessels are operang. Union, Commonwealth and United Naons. 4 LOWERING THE FLAG INTRODUCTION ‘Flags of Convenience are the scourge of ©EJF today’s mari��me world. ����������������������e affects both fisheries and transport, although oil spills, given their spectacular dimension, mobilise public opinion more easily than the pernicious damage done to the marine environment by fishing vessels.’ Franz Fischler, former EU Commissioner for Fisheries (2004)1 Globally, Illegal, Unreported and Unregulated (IUU) ‘pirate’ fishing operaons are undermining aempts at sustainable FLAGS OF CONVENIENCE AND fisheries management, causing extensive damage to the ma- IUU FISHING rine environment, and jeopardising livelihoods and food secu- rity, parcularly in developing countries.
Load more

Recommended publications
  • THE PROLIFERATION SECURITY INITIATIVE: EVOLUTION and FUTURE PROSPECTS Jacek Durkalec
    EU NON-PROLIFERATION CONSORTIUM The European network of independent non-proliferation think tanks NON-PROLIFERATION PAPERS No. 16 June 2012 THE PROLIFERATION SECURITY INITIATIVE: EVOLUTION AND FUTURE PROSPECTS jacek durkalec I. INTRODUCTION SUMMARY The Proliferation Security Initiative (PSI) is an The Proliferation Security Initiative (PSI) is an informal informal network of states committed to preventing the network of states seeking to strengthen their national and ‘trafficking of weapons of mass destruction (WMD), collective capacities to interdict materials related to their delivery systems, and related materials to and weapons of mass destruction (WMD). Despite the lack of means to objectively assess how effective the PSI has been from states and non-state actors of proliferation in fulfilling its main objective, it can be described as a concern’. The main goal of the PSI is to strengthen the qualified success. individual and collective capacities of participating However, the PSI faces a number of challenges in its ever- states to interdict proliferation-related components evolving fight against WMD proliferation: a( ) certain, at sea, in the air or on land once they have left their significant global actors are not involved in the PSI, (b) state of origin. Interdiction is broadly defined as any there are gaps in both the national legislations of PSI actions that result in the denial, delay or disruption of a participants and international legal frameworks, (c) shipment of proliferation concern.1 capacity-building activities within the PSI are irregular, The PSI focuses on direct, practical measures to (d) civilian law enforcement officers are not sufficiently enable effective interdiction of proliferation-related involved in PSI exercises, and (e) the PSI has so far failed to transfers.
    [Show full text]
  • Port State Control: a Contemporary Legal Study
    World Maritime University The Maritime Commons: Digital Repository of the World Maritime University World Maritime University Dissertations Dissertations 1990 Port state control: a contemporary legal study John W. Stewart WMU Follow this and additional works at: https://commons.wmu.se/all_dissertations Recommended Citation Stewart, John W., "Port state control: a contemporary legal study" (1990). World Maritime University Dissertations. 882. https://commons.wmu.se/all_dissertations/882 This Dissertation is brought to you courtesy of Maritime Commons. Open Access items may be downloaded for non- commercial, fair use academic purposes. No items may be hosted on another server or web site without express written permission from the World Maritime University. For more information, please contact [email protected]. WMU LIBRARY WORLD MARITIME UNIVERSITY MALMO, SWEDEN E=*ORT STATE COKITFiOL i A CONTEMF>OF5AFlY LEGAL STUDY by John W. Stewart, Jr. A paper submitted to the Faculty of the World Maritime University in partial satisfaction of the requirements for the award of a MASTER OF SCIENCE DEGREE in GENERAL MARITIME ADMINISTRATION The contents of this paper reflect my personal views and are not necessarily endorsed by the University. Supervised and assessed by: Jerzy Mlynarczyk, Professor, General Maritime Administration World Maritime University Co-Assessed by Dr. Frank L. Wiswall Proctor in'Admiralty DEDICATION To all those who lost their lives in the Liberian Civil War: "You'll Never Walk Alone." ACKN0WLEEX3EMENTS In the course of writing this paper I found it necessary to make some difficult demands and unusual requests on so many of my family, friends and professional acquaintances, now I take this small, but warm hearted space to say thanks.
    [Show full text]
  • The Whys and Wherefores of Registering Vessels Under Foreign Flags by Dave Gerr © 2013 Dave Gerr
    Dave Gerr, CEng FRINA, Naval Architect www.gerrmarine.com The Whys and Wherefores of Registering Vessels Under Foreign Flags By Dave Gerr © 2013 Dave Gerr hink of flags and ships and you may picture frigates could be built in Australia, owned by a U.S. citizen, with a T under sail exchanging thundering broadsides until British captain and mate and largely Mexican and the vanquished strikes her colors. Or, perhaps, the ruse Philippine crew, but sailed under a Cayman Island flag. de guerre in which a vessel flies the flag of friendly The boat is still considered a Cayman Island vessel nation until it can get close enough to fire on its foe wherever it goes. What’s more, the wages paid to crews without warning. Then, there’s the skull and cross bones, from various developing-nation countries are usually the Jolly Roger, which no self respecting pirate would sail considerably less than U.S. or European crews command. without . of course. There are signal flags, and courtesy flags, and yacht club and owner’s burgees, and then Regulations and Restrictions there are flags of convenience . Flags of what? Nations which can register boats are signers of the International Maritime Organization (IMO) and therefore It’s natural to assume that a ship or boat would fly the technically enforce SOLAS (Safety of Life at Sea), flag of the country of its owner or the flag of its real MARPOL (International Convention for the Prevention of working homeport. In fact—at least for ships and large Pollution From Ships), and International Load Line yachts—this is seldom the case.
    [Show full text]
  • Some Legal Problems Arising out of Foreign Flag Operations
    Fordham Law Review Volume 28 Issue 2 Article 5 1959 Some Legal Problems Arising out of Foreign Flag Operations Louis R. Harolds Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Louis R. Harolds, Some Legal Problems Arising out of Foreign Flag Operations, 28 Fordham L. Rev. 295 (1959). Available at: https://ir.lawnet.fordham.edu/flr/vol28/iss2/5 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Some Legal Problems Arising out of Foreign Flag Operations Cover Page Footnote Member of the New York Bar. This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol28/iss2/5 SOME LEGAL PROBLEMS ARISING OUT OF FOREIGN FLAG OPERATIONS LOUIS R. HAROLDS* I. EFFECTS OF COMPETITION BY FLAG OF CONVENIENCE SHIPS ABOUT two years ago, the British film industry adroitly called public attention to some of the dangers involved in the growth of "flag of convenience" vessels, as seen through the eyes of many Europeans, par- ticularly those from traditionally maritime nations. In a comedy entitled "All at Sea," Sir Alec Guinness played the part of a seasick captain, faced with the need of supporting himself by utilizing his maritime experience. Finding an old dilapidated pier, which jutted out into the ocean along the seacoast of a small English town, the captain hit upon the idea of con- verting the pier into an amusement park outfitted as a vessel.
    [Show full text]
  • Port State Control Annual Report June 2021
    June 2021 Port State Control Annual Report [English] -- Introduction of ClassNK software for PSC measures -- PrimeShip-PSC Intelligence Support system for the improvement of PSC performance and ship management system ＄0 Research on PSC trends of ports and countries AI technology makes it possible to research trends of typical deficiencies, deficiency items or deficiency categories. You can also confirm actual deficiencies recorded by PSC and graphically illustrate trends. Output of PSC checklists Output a pinpoint checklist based on the PSC's past records of selected ports or countries. The check items recorded as detainable deficiencies are displayed in red. Graphic display function Your fleet PSC performance and frequently reported deficiency items on your fleet are shown graphically to support with monitoring, measuring, analysis and evaluation of the performance. Free setting of KPIs and ship groups Freely set KPIs and ship groups in order to monitor, measure and evaluate them. Reporting Automatically create e-mails attaching PSC rectification reports designated by the Panama administration and Rightship and manage them. Summary report Output a summary report for PSC performance, deficiency items frequently recorded on your fleet and in the trends of frequently visited ports or countries. Regulation calendar Display requirements of the IMO international convention from our site and local regulations informed by our technical information applied on your managing ships in a calendar format. Contact address: Ship Management Systems Dept. NIPPON KAIJI KYOKAI Administration Center Email: [email protected], TEL:+81-3-5226-2173 Photographs of Deficiencies Fire Safety Fire hazard due to oil leakage in engine room Leakage from fire main Fire door packing deteriorated and detached Fire Safety Broken fire door frame Elec.
    [Show full text]
  • Flags of Convenience: Maritime and Aviation Allan I
    Journal of Air Law and Commerce Volume 79 | Issue 1 Article 4 2014 Flags of Convenience: Maritime and Aviation Allan I. Mendelsohn Follow this and additional works at: https://scholar.smu.edu/jalc Recommended Citation Allan I. Mendelsohn, Flags of Convenience: Maritime and Aviation, 79 J. Air L. & Com. 151 (2014) https://scholar.smu.edu/jalc/vol79/iss1/4 This Comment is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in Journal of Air Law and Commerce by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. FILAGS OF CONVENIENCE: MARITIME AND AVIATION ALLAN 1. MENDELSOHN I. INTRODUCTION a former Deputy Assistant M SecretaryR. ALLAN of I. State MENDELSOHN, (Transportation Affairs) of the U.S. State Department, a long-standing member of this Journal's Advisory Board, an Adjunct Professor at Georgetown University Law Center, and currently Of Counsel in the Washington, D.C. of- fices of Cozen O'Connor, presented the following remarks as one of several speakers at the American University Aviation Law Conference on March 26, 2014.1 I want to say at the very outset that I am very pleased to have been invited to speak at this Conference and especially on this Panel that is focusing its attention on the hugely controversial and extremely important question of whether the Norwegian- owned airline, known as Norwegian Air International-or, as I shall call it for short, NAl-is in fact what is today known in international law as a "flag of convenience." What do we mean by "flag of convenience" and why are we focusing on this issue at all? Let me start out with the basics of the definition.
    [Show full text]
  • How Flags of Convenience Let Illegal Fishing Go Unpunished
    OFF THE HOOK How flags of convenience let illegal fishing go unpunished A report produced by the Environmental Justice Foundation 1 OUR MISSION EJF believes environmental security is a human right. The Environmental Justice Foundation EJF strives to: (EJF) is a UK-based environmental and • Protect the natural environment and the people and wildlife human rights charity registered in England that depend upon it by linking environmental security, human and Wales (1088128). rights and social need 1 Amwell Street • Create and implement solutions where they are needed most London, EC1R 1UL – training local people and communities who are directly United Kingdom affected to investigate, expose and combat environmental www.ejfoundation.org degradation and associated human rights abuses Comments on the report, requests for further copies or specific queries about • Provide training in the latest video technologies, research and EJF should be directed to: advocacy skills to document both the problems and solutions, [email protected] working through the media to create public and political platforms for constructive change This document should be cited as: EJF (2020) • Raise international awareness of the issues our partners are OFF THE HOOK - how flags of convenience let working locally to resolve illegal fishing go unpunished Our Oceans Campaign EJF’s Oceans Campaign aims to protect the marine environment, its biodiversity and the livelihoods dependent upon it. We are working to eradicate illegal, unreported and unregulated fishing and to create full transparency and traceability within seafood supply chains and markets. We conduct detailed investigations into illegal, unsustainable and unethical practices and actively promote improvements to policy making, corporate governance and management of fisheries along with consumer activism and market-driven solutions.
    [Show full text]
  • Environmental Catastrophes and Flags of Convenience - Does the Present Law Pose Special Liability Issues?
    Pace International Law Review Volume 3 Issue 1 Article 3 September 1991 Environmental Catastrophes and Flags of Convenience - Does the Present Law Pose Special Liability Issues? L. F.E. Goldie Follow this and additional works at: https://digitalcommons.pace.edu/pilr Recommended Citation L. F.E. Goldie, Environmental Catastrophes and Flags of Convenience - Does the Present Law Pose Special Liability Issues?, 3 Pace Y.B. Int'l L. 63 (1991) Available at: https://digitalcommons.pace.edu/pilr/vol3/iss1/3 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace International Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. ENVIRONMENTAL CATASTROPHES AND FLAGS OF CONVENIENCE-DOES THE PRESENT LAW POSE SPECIAL LIABILITY ISSUES? L.F.E. Goldiet INTRODUCTION Maritime flags are a symbol of nationality.' As such, they are generally thought to be important in determining when a re- lationship exists between a state and a ship and, thus when a vessel is subject to the law of that state.2 The flag of a vessel serves two different functions: it is a symbol of the nationality of the ship, which consequently designates the national law gov- erning the affairs of the vessel, and it identifies the location of those responsible for the vessel.3 For at least the last thirty years, the practice of some ship- owners of registering their ships under the flags of states with less stringent manning and safety requirements than states which traditionally have set the standards of safety, has led to controversies.
    [Show full text]
  • Flags of Convenience and the Commercial Space Flight Industry
    THIS VERSION DOES NOT CONTAIN PAGE NUMBERS. PLEASE CONSULT THE PRINT OR ONLINE DATABASE VERSIONS FOR PROPER CITATION INFORMATION. NOTE FLAGS OF CONVENIENCE AND THE COMMERCIAL SPACE FLIGHT INDUSTRY: THE INADEQUACY OF CURRENT INTERNATIONAL LAW TO ADDRESS THE OPPORTUNE REGISTRATION OF SPACE VEHICLES IN FLAG STATES Adrian Taghdiri* ABSTRACT In recent decades, the landscape of space flight has changed dramatically. With the retirement of NASA’s thirty-year government-run space shuttle program and recent advances in technology, the private sector has become an integral tool in the exploration of space. Notably, the commercial space tourism industry has made significant strides and is forecasted to grow to a $1 billion industry in the next decade. Among the present industry trailblazers, Virgin Galactic plans to launch its first commercial spaceflight in 2014. Unlike the advances in the private sector, the development of international space law has remained stagnant—more than thirty years has passed since the last space law treaty of 1979. The principle treaty regulating outer space activities is the Outer Space Treaty. Under the Treaty, space-faring states are legally responsible for their own acts and the space activities of their national private enterprises. This Note argues that as the space tourism industry grows in the next decade, several countries may establish loose regulatory regimes in an effort to attract private space groups. This “flags of convenience problem,” prolific in the shipping industry, may lead to irreversible environmental damage, increased space debris, and safety hazards to space tourists. Further, this article argues that although the Outer Space Treaty penalizes states for their private actors, several states may disregard the prospective sanctions because of inadequate enforcement mechanisms.
    [Show full text]
  • Fishing Vessels Operating Under Open Registers and the Exercise of Flag State Responsibilities
    ii FAO Fisheries Circular No. 980 FIPL/C980 FISHING VESSELS OPERATING UNDER OPEN REGISTERS AND THE EXERCISE OF FLAG STATE RESPONSIBILITIES INFORMATION AND OPTIONS iii FAO Fisheries Circular No. 980 FIPL/C980 FISHING VESSELS OPERATING UNDER OPEN REGISTERS AND THE EXERCISE OF FLAG STATE RESPONSIBILITIES INFORMATION AND OPTIONS Judith Swan Consultant International Institutions and Liaison Service FAO Fisheries Department FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS Rome, 2002 iii PREPA RATION OF T HI S CI RCULA R This Circular was prepared within the framework of the Regular Programme as part of the on- going activities of the FAO International Institutions and Liaison Service (FIPL) aimed at providing information to FAO Members and FAO and non-FAO Regional Fishery Bodies on the activities of fishing fleets with open registries, and in particular those activities that result from States not exercising effective flag State control over those fleets. Swan, J. Fishing Vessels operating under open registers and the exercise of flag State responsibilities. Information and options. FAO Fisheries Circular. No. 980. Rome, FAO. 2002. 65p. ABSTRACT The number of fishing vessels operating under open registers is increasing. A related concern is to secure the effective control of fishing vessels by the flag State. This concern is evidenced by a range of post-United Nations Conference on Environment and Development (UNCED) international instruments that progressively include clearer and more thorough duties of the flag State. The purpose of this paper is to review activities relating to the fishing fleets of countries with open registries and, in particular, those activities that result from countries not exercising effective flag State control over those fleets.
    [Show full text]
  • Pretending to Be Liberian and Panamanian; Flags of Convenience and the Weakening of the Nation State on the High Seas
    Journal of Maritime Law & Commerce, Vol. 47, No. 1, January, 2016 Pretending to be Liberian and Panamanian; Flags of Convenience and the Weakening of the Nation State on the High Seas Carlos Felipe Llinás Negret* Carnival Cruise Lines owns and operates the largest cruise ship passenger fleet in the world.1 In practice, Carnival Cruise Lines is an American company. Carnival’s corporate headquarters located in Doral, Florida, a suburb of Miami, houses 3,900 employees.2 23 out of 24 of its cruise ships are home ported in the United States. Every year these ships, which account for 21% of the worldwide cruise market share,3 carry 4.5 million passengers in itineraries that always begin and end in American ports.4 Its corporate parent, Carnival Corporation (also headquartered in Doral, Florida), is publicly traded on the New York Stock -------------------- *Carlos Felipe Llinás Negret is a Board Certified Specialist in Admiralty and Maritime Law, and practices at Lipcon, Margulies, Alsina, & Winkleman, P.A., He focuses on complex commercial vessel litigation including: Limitation of Liability, Jones Act, DOSHA, cruise ship passenger personal injury, and Rule B attachments, and is licensed in Florida, California and the District of Columbia. 1Carnival Cruise Lines is the largest cruise line in the world based on passengers carried. Carnival Cruise Lines Fact Sheet, http://carnival-news.com/2014/01/17/ carnival-cruise-lines-fact-sheet-2/. 2Id. 32014 Worldwide Cruise Market Share, Cruise Market Watch, http://www.cruisemarketwatch.com/market-share/. 4Carnival Cruise Lines’ home ports are in the following American cities: Miami (Florida), Fort Lauderdale (Florida), Port Canaveral (Florida), Tampa, San Juan (Puerto Rico), Charleston (South Carolina), Baltimore (Maryland), New York (New York), New Orleans (Louisiana), Galveston (Texas) and Long Beach (California).
    [Show full text]
  • Regional Port State Control Agreements: Some Issues of International Law Ted L
    Ocean and Coastal Law Journal Volume 5 | Number 2 Article 2 2000 Regional Port State Control Agreements: Some Issues Of International Law Ted L. McDorman Follow this and additional works at: http://digitalcommons.mainelaw.maine.edu/oclj Recommended Citation Ted L. McDorman, Regional Port State Control Agreements: Some Issues Of International Law, 5 Ocean & Coastal L.J. (2000). Available at: http://digitalcommons.mainelaw.maine.edu/oclj/vol5/iss2/2 This Article is brought to you for free and open access by the Journals at University of Maine School of Law Digital Commons. It has been accepted for inclusion in Ocean and Coastal Law Journal by an authorized administrator of University of Maine School of Law Digital Commons. For more information, please contact [email protected]. REGIONAL PORT STATE CONTROL AGREEMENTS: SOME ISSUES OF INTERNATIONAL LAW* Ted L. McDorman I. INTRODUCTION The primary characterization of the relationship of ports both intema- tional and domestic is that of competition. Ports vigorously compete in terms of costs and services for international shipping business whether that business be container vessels, bulk carriers or cruise ships. The great ports of the world, for example, Hong Kong, Singapore, and Rotterdam, have competitive advantages compared with lesser ports because of geography and history. Nevertheless, these great ports, like others, are alert to competition and the need to acquire and retain vessel traffic. Until recently, ports were inclined to treat vessel safety and vessel environmental standards in the same competitive mode. In most of the world, competition between ports of different countries operated to ensure that a country did not adopt port laws unfavorable to vessel traffic.
    [Show full text]