https://doi.org/10.1007/s44312-024-00023-4

Announcing a new publication for Marine Development journal. Illegal, unreported, and unregulated (IUU) fishing has been widely acknowledged as one of the greatest threats to fish stocks, marine ecosystems, and global ocean sustainability. Globally, an estimated one in five fish caught originates from IUU fishing. According to the United Nations Food and Agriculture Organization (FAO), approximately 90% of the world’s fisheries are fully exploited or overexploited, which means that they cannot accommodate any more legal fishing, much less illegal fishing. An estimated $22 billion a year in subsidies creates substantial, perverse incentives that encourage destructive fishing practices. There is strong evidence that certain forms of subsidies have been contributing to IUU fishing by reducing the cost of fishing operations or enhancing revenues.

The WTO Agreement on Fisheries Subsidies (hereinafter ‘the Agreement’), adopted at the 12th Ministerial Conference on June 17, 2022, marks a major step forward for ocean sustainability by prohibiting harmful fisheries subsidies, including subsidies to IUU fishing and subsidies regarding overfished stocks, among others. It has been recognized as a historic milestone because it is the first Sustainable Development Goal (SDG) target to be fully met through a multilateral agreement and the first WTO agreement to focus on the environment. Among the rules for three types of harmful subsidies, disciplines regarding subsidies for overfished stocks and other subsidies are quite brief. This article focuses on an analysis of the role of the Agreement in the elimination of IUU fishing.

By prohibiting harmful subsidies for IUU fishing, the Agreement established effective convergence between fisheries subsidy policies and the goal of sustainable development of the oceans. It also creates an organic link between WTO rules and rules of international organizations in the fishery industry. This study has revealed the advantages and drawbacks of the Agreement by reviewing its legislative history and examining its key issues. With the possible entry into force and implementation of the Agreement, WTO disciplines on subsidies would be a welcome additional instrument for combating IUU fishing, and they would promote the transformation of the fisheries sector to align with the 2030 Agenda for Sustainable Development.

From a practical point of view, IUU fishing is complex and often combined with other illegal undertakings, such as drug trafficking, money laundering, tax evasion, and people smuggling. It poses difficulties, and a further improvement in the future implementation of the Agreement is required. Therefore, when implementing the Agreement, several possible difficulties in complying with the disciplines need to be considered. The systematic failures of governance in some states, particularly in developing and least developing countries, are issues that require attention. The main manifestations of these failures include a low level of participation in relevant binding international agreements, which reflects a lack of political will to address IUU fishing, the absence of effective national fisheries legislation and management measures to control the operations of fishing vessels, undelimited or disputed maritime boundaries, etc. In fact, the solution to these problems has been stipulated in the Agreement, which calls upon members to provide technical assistance and enhance capacity building for developing countries, in particular for least developed countries (LDCs).

In the remaining years, all states should endeavor to achieve SDGs. Specifically, states should accelerate blue transformation by expanding aquaculture sustainably, managing all fisheries effectively, and upgrading value chains. Apart from these measures, reducing harmful subsidies is an urgent issue that will effectively contribute to the elimination of IUU fishing and the optimization of fishery industrial structures. Finally, cooperation between flag states, coastal states, port states, and relevant Regional Fisheries Management Organizations (RFMOs) in combating IUU fishing must be enhanced.

Article reference: Yu, M., Liu, X. A new approach to combating illegal, unreported, and unregulated fishing: analysis of the WTO Agreement on Fisheries Subsidies. Mar Dev 2, 10 (2024). https://doi.org/10.1007/s44312-024-00023-4

Keywords: WTO Agreement on Fisheries Subsidies, IUU fishing, Legislative process, Sustainable Development Goals

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Marine Development aims to publish research papers in all relevant disciplines related to the ocean and the sea. Its scope spans diverse domains, including but not limited to marine resource management, marine environmental conservation, marine biodiversity, fisheries management, marine energy, marine policy, and international maritime law. The journal particularly values research that explores the complex links between marine issues and broader global challenges, such as climate change, sustainable economic development, and international cooperation. As a platform for interdisciplinary knowledge exchange, the journal will enable scholars to communicate their research and promote interdisciplinary research that advances our understanding of marine issues. It welcomes original research with a multidisciplinary focus and also encourages review articles that highlight the latest research trends and those with significant global impacts.

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