In October 2015, three weeks after the Shuen De Ching No. 888 was caught fishing illegally in the Pacific Ocean, the European Commission named Taiwan a “non-cooperating third country” in the fight to prevent, deter and eliminate illegal, unreported and unregulated fishing (IUU).
The commission issues “yellow cards” and “red cards” in its investigation process.
Following a yellow card, non-cooperating third nations can be banned (issued a red card) from exporting fisheries products into EU markets if they do not substantially improve their fishing management systems.
Since then, the Fisheries Agency has been working intensively on the issue and put emphasis on reforming three related legal frameworks, namely the Fisheries Act (漁業法), the Act Governing Distant Water Fisheries (遠洋漁業條例) and the Act to Govern Investment in the Operation of Foreign Flag Fishing Vessels (投資經營非我國籍漁船管理條例).
Unfortunately, after a Taiwan-EU bilateral meeting in April and the latest round of delisting discussions earlier this month, Taiwan has not had its yellow card status removed, although the EU recognized the progress and efforts Taipei has made. The situation signals three major issues for the government to reflect on.
First, Taiwan’s legal reforms on combating illegal and unregulated fishing mainly focus on increasing penalties on illegal activities. This is indeed a prompt response to the EU’s warning, but also makes the reform’s outcome dependent on the performance of long-term enforcement measures.
The EU’s carding process provides a timely opportunity for Taiwan to integrate its national fishing and ocean policies into an international context. As well as penalizing vessels and any other stakeholders, the government should connect domestic legal frameworks with international fisheries standards.
Second, it is clear that Taiwan does not have sufficient resources to guarantee effective control and surveillance of all illegal fishing worldwide, since IUU fishing has now become a truly global problem that damages marine ecosystems.
According to regional fisheries management organizations (RFMOs), successful global marine governance requires multilateral engagements between various sectors and regions.
The government and the nation’s fishing industry should carefully consider the suggestions and collaborative opportunities offered by those “critical friends,” such as Greenpeace, the WWF, the Environmental Justice Foundation and The Pew Charitable Trusts.
Last but not least, the European Commission is particularly sensitive to IUU cases linked with human rights violations, especially those linked to human trafficking and the working conditions of sea-based migrant fishers.
Taiwan still needs to improve the related provisions in its new Regulations on the Authorization and Management of Overseas Employment of Foreign Crew Members (境外僱用非我國籍船員許可及管理辦法), adopted in January, and to fully meet the requirements set by the International Labour Organization.
That Taiwan has not been issued either a green or red card means that there are some challenges ahead and the opportunity of still working with the EU and RFMOs to improve measures to tackle IUU fishing.
Yang Chung-han is a doctoral candidate at the University of Cambridge and a member of the Taipei Bar Association. Teresa Fajardo is a visiting professor at the University of Cambridge and was a researcher at the EU Action to Fight Environmental Crime project.
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