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Analysis of the Adequacy of the Philippine Legal, Policy, and Institutional Framework to Combat Illegal, Unreported, and Unregulated fishing

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Analysis of the Adequacy of the Philippine Legal, Policy, and Institutional Framework to Combat Illegal, Unreported, and Unregulated fishing University of Wollongong Thesis Collections University of Wollongong Thesis Collection University of Wollongong Year Analysis of the adequacy of the Philippine legal, policy, and institutional framework to combat illegal, unreported, and unregulated fishing Mary A. Palma University of Wollongong Palma, Mary A, Analysis of the adequacy of the Philippine legal, policy, and institutional framework to combat illegal, unreported, and unregulated fishing, PhD thesis, Centre for Maritime Policy, University of Wollongong, 2006. http://ro.uow.edu.au/theses/589 This paper is posted at Research Online. http://ro.uow.edu.au/theses/589 NOTE This online version of the thesis may have different page formatting and pagination from the paper copy held in the University of Wollongong Library. UNIVERSITY OF WOLLONGONG COPYRIGHT WARNING You may print or download ONE copy of this document for the purpose of your own research or study. The University does not authorise you to copy, communicate or otherwise make available electronically to any other person any copyright material contained on this site. You are reminded of the following: Copyright owners are entitled to take legal action against persons who infringe their copyright. A reproduction of material that is protected by copyright may be a copyright infringement. A court may impose penalties and award damages in relation to offences and infringements relating to copyright material. Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form. ANALYSIS OF THE ADEQUACY OF THE PHILIPPINE LEGAL, POLICY, AND INSTITUTIONAL FRAMEWORK TO COMBAT ILLEGAL, UNREPORTED, AND UNREGULATED FISHING A thesis submitted in fulfilment of the requirements for the award of the degree DOCTOR OF PHILOSOPHY from UNIVERSITY OF WOLLONGONG by MARY ANN PALMA, BA (Philippines), MMM (Dalhousie) CENTRE FOR MARITIME POLICY 2006 CERTIFICATION I, Mary Ann Palma, declare that this thesis, submitted in fulfilment of the requirements for the award of Doctor of Philosophy, in the Centre for Maritime Policy, University of Wollongong, is wholly my own work unless otherwise referenced or acknowledged. The document has not been submitted for qualifications at any other academic institution. Mary Ann Palma 18 September 2006 ABSTRACT Illegal, unreported, and unregulated (IUU) fishing is a global fishing concern considered as one of the obstacles in achieving sustainable fisheries. In the Philippines, IUU fishing is known to undermine national efforts related to the conservation and management of fisheries resources. International fisheries instruments, particularly the International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing (IPOA-IUU), recognises the increasing concern on IUU fishing and calls on States to adopt measures that would effectively address the problem. This thesis examines the adequacy of the Philippine legal, policy, and institutional framework to combat IUU fishing. It analyses the definition of IUU fishing provided under the IPOA-IUU and assesses how such definition applies within the Philippine context. The measures adopted in international fisheries instruments to address the problem are also examined. From the analysis, three sets of criteria are formulated to measure the adequacy of the Philippine framework to combat IUU fishing. The first set of criteria involve the application of flag and coastal State measures; the second relate to the application of port and market-related measures; while the third entail the adoption of “all State” responsibilities. It is concluded that by failing to satisfy most of the criteria established under international fisheries instruments, the Philippines renders its legal, policy, and institutional framework inadequate to address IUU fishing. The major areas of inadequacy relate to the Philippine definition of IUU fishing, the measures adopted by the State to address the problem, and the corresponding institutional framework for fisheries management. The thesis also provides specific options for legislative and policy reforms that would address the gaps in the current national framework in order to effectively prevent, deter, and eliminate IUU fishing in the Philippines. v TABLE OF CONTENTS ABSTRACT……………………………………………………………………………. v TABLE OF CONTENTS…………………………………………………………..…. vii TABLES AND FIGURES...…………………………………………………………. xiii ACRONYMS…………………………………………………………………………. xv ACKNOWLEDGMENTS...………………………………………………………….. xix CHAPTER 1. INTRODUCTION ..................................................................................1 1.1. Global IUU Fishing Problem..............................................................................2 1.1.1. Extent of IUU Fishing.................................................................................4 1.1.2. Impacts and Causes of IUU Fishing............................................................7 1.2. IUU Fishing in the Philippines .........................................................................11 1.3. Thesis ................................................................................................................13 1.4. Scope and Limitation ........................................................................................13 1.5. Analytical Framework ......................................................................................13 1.5.1. Desktop Study ...........................................................................................13 1.5.2. Measure of Adequacy................................................................................14 1.6. Thesis Structure ................................................................................................18 1.7. Significance of the Research.............................................................................20 CHAPTER 2. HISTORY AND DEFINITION OF IUU FISHING..........................22 2.1 Introduction.......................................................................................................22 2.2 History of IUU Fishing Terminology ...............................................................22 2.2.1 CCAMLR Sessions ...................................................................................22 2.2.2 UN General Assembly ..............................................................................25 2.2.3 FAO Sessions............................................................................................27 2.2.4 UN Commission on Sustainable Development Session............................28 2.2.5 IMO Sessions............................................................................................29 2.2.6 Joint FAO/IMO Ad Hoc Working Group on IUU Fishing .......................30 2.2.7 Sydney Experts Consultation Meetings ....................................................30 2.2.8 FAO Technical Consultations ...................................................................31 2.2.9 FAO Twenty-Fourth Session ....................................................................32 2.3 Definition of Illegal, Unreported, and Unregulated Fishing.............................32 2.3.1 Illegal Fishing............................................................................................34 2.3.2 Unreported Fishing....................................................................................43 2.3.3. Unregulated Fishing ..................................................................................48 2.4 Conclusion ........................................................................................................56 vii CHAPTER 3. IMPLEMENTATION OF FLAG AND COASTAL STATE RESPONSIBILITIES TO COMBAT IUU FISHING ...............................................58 3.1. Introduction.......................................................................................................58 3.2. International Fisheries Instruments Prior to IPOA-IUU...................................58 3.3. The IPOA-IUU.................................................................................................64 3.4. Flag and Coastal State Responsibilities............................................................69 3.4.1. Fishing Vessel Registration.......................................................................69 3.4.2. Authorisation to Fish.................................................................................74 3.4.3. Record of Fishing Vessels.........................................................................78 3.4.4. IUU Vessel List.........................................................................................82 3.4.5. Monitoring, Control, and Surveillance......................................................83 3.4.5.1. Vessel Monitoring Systems .............................................................85 3.4.5.2. Observer Programmes .....................................................................91 3.4.5.3. Boarding and Inspection..................................................................95 3.5. Conclusion ........................................................................................................98 CHAPTER 4. IMPLEMENTATION OF PORT, MARKET, AND ALL STATE RESPONSIBILITIES TO COMBAT IUU FISHING ...............................................99 4.1. Introduction.........................................................................................................99 4.2. Port State Measures.............................................................................................99
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