This study draws on the contributions of a number of authors from differing legal systems who have brought together a diverse range of materials and sources to bring to life an increasingly important aspect of fisheries law. The immediate inspiration for the timing of this study can be found in two related sources. First, the paper presented by Blaise Kuemlangan on National Legislative Options to Combat IUU Fishing, which was published in the proceedings of the Expert Consultation on Illegal, Unreported and Unregulated Fishing organized by the Government of Australia in cooperation with FAO and held in Sydney in May 2000, which canvassed the possibility of introducing administrative penalties along the lines that had been adopted in the United States. This original idea found its reflection in the International Plan of Action to Prevent Deter and Eliminate Illegal, Unreported and Unregulated Fishing, which was adopted by FAO in 2001. This plan called inter alia for States to consider the “adoption of a civil sanction regime based on an administrative penalty scheme” (paragraph 21).
Since then, the subject has received further impetus from the European Commission which has suggested to members of the European Union that they should consider the possibility of adopting such a scheme of administrative penalties in their national legislation.
The study is intended to assist States in identifying the kinds of issues they need to take into account when adopting such a scheme. It is expected that it will be especially valuable to developing States seeking to adopt a cost effective means of dealing with IUU fishing, but which nonetheless wish to ensure that basic individual rights of the accused are protected.
Many individuals, to whom we owe our gratitude, contributed in one way or another to coordinating and putting this study together. However, special thanks must go to Blaise Kuemlangan of the Development Law Service who conceptualized and initiated the study, provided the initial background materials and coordinated the work of the authors. Deep appreciation goes also to William Edeson, former FAO Senior Legal Officer who kindly edited the final product.
Lawrence Christy
Chief
Development Law
Service
