Introduction
It has been more than two decades since the concept of blue economy was proposed to the world and since then the concept has progressed through its adoption by international organizations, academia, and the private sector.
Previously understood as a solution to sustainable use of sea resources, the blue economy has expanded in scope, now encompassing such dimensions as economic growth, social inclusion and sustainability for all.
Sustainable management of ocean resources is not without its challenges. The implementation of the blue economy faces challenges from various directions, including the climate crisis, habitat degradation, unfair trade and overfishing. According to the World Bank Group, 57% of fish stocks are fully exploited and another 30% are over-exploited, depleted or recovering.
Fish stocks worldwide are affected by illegal, unreported and unregulated fishing (IUU fishing), which is responsible for roughly 11 to 26 million tons of fish catches annually, or US$10-22 billion in unlawful or undocumented revenue.
The Conundrum of IUU Fishing
IUU fishing is a complex dilemma and a major hindrance for nation states to achieving sustainable management of the fisheries ecosystem. IUU fishing involves activities conducted in contradiction to national or international laws.
IUU fishing encompasses such instances as fishing in a country’s waters without permission, fishing in areas beyond one’s national jurisdiction and a range of violations against the rules of Regional Fisheries Management Organization (RFMO). Specifically, IUU fishing also includes various offenses such as fishing in restricted zones, landing in unauthorized ports, possessing false licenses, falsification of catch data, mismanaging fisheries, using prohibited gear, capturing protected species, engaging in illicit activities like human trafficking and drug smuggling, operating stateless vessels or under flags of convenience, employing dangerous, harmful, or banned methods and substances, and subjecting workers to forced labor as well as abusive working conditions.
Thus, the conduct of IUU fishing extends from the concerns of flag, coastal, post and market states. Based on this, we could conclude that a range of actors with competing interests are responsible to tackle IUU fishing.
The Complexities of Regulating IUU Fishing
Several international efforts have been undertaken to combat IUU fishing.
The most evident international law addressing IUU fishing is the United Nations Convention on the Law of the Sea (UNCLOS). This magna carta of the sea treaty encompasses a wide range of state duties and obligations such as the flat state, coastal state, activities in the high seas, governance of migrating fish, as well as the ground stone for the establishment of RFMO.
Under UNCLOS, states also established an implementing agreement namely the UN Fish Stock Agreement for the management of migratory fish stocks and raising state obligations over resources and registration of vessels.
The United Nations Food and Agriculture Organization (FAO) also established a Compliance Agreement addressing the management measures for the preservation of marine resources on the high seas and strengthening the responsibilities of flag states. In 1995, FAO introduced a voluntary code of conduct for responsible fisheries, which up to date over 170 members of FAO have voluntarily adopted.
Furthermore, in 2001 FAO also issued an International Plan of Action to prevent, deter and eliminate IIU fishing as a toolbox for states to develop national plans of action to combat the conundrum,. The document also serves as a reference for regional cooperation to assist states in harmonizing their policies.
In fact, since the mid-1990s, numerous efforts have been made on a global, regional and national scale to address IUU fishing. These initiatives encompass voluntary and binding international and regional agreements, enhancements in monitoring, control, and surveillance (MCS) efforts, collaborative intelligence sharing, and the deployment of innovative technologies for the identification and tracking of fishing vessel activities.
Despite these global legal efforts, it is apparently not enough to tackle and eliminate IUU fishing.
According to the 2021 IUU Fishing Index by Global Intiative, the global score across all state responsibilities and types of indicators went down from 2.29 to 2.24 in 2019, representing only a small improvement.
Therefore, IUU fishing persists as a substantial global challenge, exerting detrimental environmental, social and economic consequences which are all inconsistent with the aims of blue economy.
IUU Fishing in Indonesian waters
As an archipelago, Indonesia is faced with multitude of challenges associated with IUU fishing. In the maritime sector, Indonesia is a significant contributor, accounting for approximately 34% of the fish products from the ASEAN region reaching global markets. The economic impact of IUU fishing in Indonesia is anticipated to be as high as USD 3 billion annually.
Issues of IUU fishing have received noteworthy attention by the Indonesian government. In 2014, Indonesian President Joko “Jokowi” Widodo declared an anti-IUU fishing plan, prohibiting illegal fishing in Indonesia and introducing the policy of sinking vessels caught engaging in the activity.
During the same period, the then-Minister of Maritime Affairs and Fisheries implemented additional policies, such as Regulation Number 56/PERMEN-KP/2014 which was designed to halt the exploitation of fish resources by foreign-made fishing vessels with sizes ranging from 150 to 400 gross tons.
In 2015, through Presidential Regulation No.115 of 2015, the government established Task Force 115, tasked to eradicate illegal fishing. The task force operates by maximizing the use of operational personnel and equipment (such as ships, aircraft and other technologies) belonging to the Ministry of Maritime Affairs and Fisheries, the Navy, the Police, the Attorney General’s Office, and other relevant institutions.
Regardless, due to large scale and complexities of IUU fishing, it is still difficult for the government to completely eradicate the conundrum. Combatting the issue has been a priority for Indonesia as it is included in one of the Maritime Defense and Security programs. Furthermore, apart from enhancing MCS system, it has been suggested that local fishing communities are to be involved in cooperating and combatting against IUU fishing.
Tackling IUU Fishing: A Collaborative Effort
Tackling IUU fishing requires a multitude of approaches involving not only states, but also private actors, societies, civil organizations and academia.
On 5 December 2022, the Center for World Trade Studies of Universitas Gadjah Mada, in collaboration with Circular Economy Forum 2023 and WTO Chairs Programme, held the International Workshop on Blue Economy.
Recognizing the importance for Indonesia as an archipelagic state and a member of ASEAN, the implementation of blue economy becomes increasingly compelling. The forum maintained that the application of the blue economy in Indonesia is intended to tackle environmental degradation, particularly in the maritime sector, while also serving as a catalyst for national and global economic development.
One of the panels of the forum specifically discussed the international regulation on fisheries and international economy practice. Several of the speakers addressed on how the WTO Fishery Subsidies Agreement (FSA), which was proposed by the EU and Indonesia, could serve as a basis to pressure states to prevent harmful subsidies being contributed to the conduct of IUU fishing. The FSA will prohibit certain forms of fishery subsidies that contribute to overcapacity and overfishing as well as eliminate subsidies that contribute to IUU fishing.
Furthermore, members are obliged to take special care and exercise due restraint when granting subsidies to vessels not flying their flag and when granting subsidies to fishing or fishing related activities regarding stocks the status of which is unknown.
Such approach, if taken into concrete steps, could become a profound way for states to tackle IUU fishing. However, the agreement would only come into force after two-thirds of the WTO member states register their approval. Despite this, the forum serves as a testament of how academia could contribute towards combatting IUU fishing as a pretext to promoting the blue economy.
Steps Forward
The complexity of IUU fishing is not only rooted in the variety of activities involved, but also the concern of overlapping jurisdictions, prompting some scholars to consider it as an act of transnational organized crime.
Thus, a collaborative effort is required to establish not only legal instruments, but also to enforce these regulations. Such collaborative effort must be coordinated and in line with achieving the goals of the blue economy in sustainably managing ocean resources for the benefit and livelihood of all.
Everyone needs to realize that our ocean resources are limited. If it is not up to us to save them for future generations, then no one else would carry out the task.
