Laundering fish in the global undercurrents: Illegal, unreported, and unregulated fishing and transnational organized crime

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dc.contributor.author Telesetsky, Anastasia en
dc.date.accessioned 2018-10-17T23:45:45Z en
dc.date.issued 2014 en
dc.identifier.citation Ecology Law Quarterly 41(4):939-996 Article number 3 2015 en
dc.identifier.issn 0046-1121 en
dc.identifier.uri http://hdl.handle.net/2292/42730 en
dc.description.abstract With illegal, unreported, and unregulated fishing accounting for the removal of nearly one out of every eight fish from the oceans, illegal, unreported, and unregulated fishing is a problem of global proportion. A growing amount of illegal, unreported, and unregulated fishing is the result of expansion into new "business ventures" by transnational organized criminal groups that are easily facilitated within the margins of the law by unregulated access to flags of convenience, little regulation of transshipments, the existence of ports of convenience, and an active business in offshore shell companies and tax havens. This Article argues that part of the failure of states to respond to the growing illegal, unreported, and unregulated fishing crisis is a lack of effective governance by both vertical and horizontal government networks. In contrast, transnational criminal networks have functional and flexible governance networks that permit them to respond nimbly to changes in government enforcement. To address global illegal, unreported, and unregulated fishing, horizontal government networks should focus on addressing large-scale illegal, unreported, and unregulated fishing as a transnational crime problem and not as a fishery management challenge. Given the irreparable damage to both marine living resources and to fishery-related livelihood, illegal, unreported, and unregulated fishing should be regarded as a transnational "serious crime." Under the United Nations Convention against Transnational Organized Crime, states should create sanctions that explicitly identify illegal, unreported, and unregulated fishing by transnational syndicates as "serious crime" (requiring at least four years of imprisonment) and invest additional state funding in monitoring and enforcement of illegal, unreported, and unregulated fishing. This Article proposes a number of additional suggestions to strengthen the capacity of domestic government networks, including characterizing illegal, unreported, and unregulated fishing as a "serious crime" in national fisheries codes, harmonizing criminal laws on illegal, unreported, and unregulated fishing across jurisdictions, creating concurrent extraterritorial jurisdiction over large-scale illegal, unreported, and unregulated fishing crimes, and authorizing states to acquire information about "beneficial owners " of illegal, unreported, and unregulated vessels. en
dc.publisher University of California Press en
dc.relation.ispartofseries Ecology Law Quarterly en
dc.rights Items in ResearchSpace are protected by copyright, with all rights reserved, unless otherwise indicated. Previously published items are made available in accordance with the copyright policy of the publisher. en
dc.rights.uri https://researchspace.auckland.ac.nz/docs/uoa-docs/rights.htm en
dc.rights.uri https://ncm.ucpress.edu/content/authors en
dc.title Laundering fish in the global undercurrents: Illegal, unreported, and unregulated fishing and transnational organized crime en
dc.type Journal Article en
dc.identifier.doi 10.15779/Z38656G en
pubs.issue 4 en
pubs.begin-page 939 en
pubs.volume 41 en
dc.rights.holder Copyright: Regents of the University of California en
pubs.author-url https://scholarship.law.berkeley.edu/elq/vol41/iss4/3/ en
pubs.end-page 997 en
dc.rights.accessrights http://purl.org/eprint/accessRights/OpenAccess en
pubs.subtype Article en
pubs.elements-id 661212 en
pubs.record-created-at-source-date 2017-09-08 en


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