2. How rules are bent: lack of compliance and legal
loopholes
Foreign vessels operate off Sierra Leone's shores with little
regard for the illegal nature of their actions and the consequences they
entail. This pattern of behaviour has been encouraged by the lack of technical
means, the development illegal ways to bypass the law and the sometimes lenient
local authorities.
A substantial number of foreign vessels practice transhipment,
a practice that consists of loading the catch onto another boat immediately
without having to dock in a local port. The
58
fish is then transported in reefers (large refrigerated boats)
to the UE or Asia. Transhipment partly happens in EEZs when the practice is
forbidden. About 16% of West Africa's fish exports occurs through reefers and
84% through refrigerated containers. While transhipment and the use of reefers
is regulated, refrigerated containers aren't. Refrigerated containers aren't
subject to any regulations from the EU, and according to reports most Asian
countries who import fish from West Africa. They escape all regulations,
verifications and monitoring set up by the countries of departure and arrival
(Daniels, et al. 2016).
Joint ventures are a common alternative when it comes to IUU.
West African companies will establish a joint venture with a foreign economic
partner. This way foreign vessels can be re-flagged as a local vessels and
enjoy the benefits of the status (Daniels, et al. 2016).
Illegal fishing also operates in areas beyond national
jurisdiction (ABNJ) and represent another way to bypass national laws. Commonly
called `high seas' ABNJ start where EEZ end and are under no specific
jurisdiction and constitute more than half of the surface of oceans and 95% of
their volumes. The legal void that surrounds ABNJ is a definite threat to the
fisherfolks who witness the depletion of the natural resources they rely being
overexploited without legal consequences for the perpetrators (FAO 2014).
Attempts at implementing and enforcing any king of regulation
concerning IUU is undermined by corruption. Most West African, amongst which
Sierra Leone, request the presence of an inspector whose task is to verify that
the catch is in fact legal and that all regulations are being respected.
Unfortunately, it often happens that inspectors are paid by the foreign
operators, this means that the inspector must give a positive report or he
won't be paid. In 2017, Sierra Leone ranked 130 out of 180 in the Transparency
International's Corruption Perception Index36, with a score of 30
which is lower than the 32 score of Sub-Saharan Africa (Transparancy
International 2018). Furthermore, in rare occurrences where foreign operators
were prosecuted, fines are not dissuasive (Daniels, et al. 2016).
36 Corruption Perception Index: measures corruption
in 180 countries, using a score which goas from 0 `highly corrupt' to 100 `very
clean'.
59
3. The efforts introduced to combat IUU
IUU is a set of illegal practices related to fishing that
threatens coastal communities by depriving them of the fish they require to
feed themselves whether directly as food or indirectly through sale. Global and
regional efforts to tackle IUU has been orchestrated by the FAO who encouraged
cooperation between fishery bodies.
a. The global response to IUU fishing
FAO State Members adopted in 2001 the International Plan
of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated
Fishing (IPOA-IUU) a document designed as the framework for future
regional and national plans to eliminate IUU. Regional and national
organisations and governments are encouraged to use the IPOA-IUU to shape a
similar plan in accordance to the specificities of their country. IPOA-IUU
particularly stresses on the importance of Regional Fishery Bodies in
organizing the implementation of such policies. The FAO works closely with the
International Maritime Organization (IMO) and the World Wildlife Fund (WWF) in
combatting IUU. This collaboration led to the reform of the IMO Ship
Identification Numbering Scheme in order complete it and to make it more
efficient (FAO 2014). A consequential portion of fish caught in West Africa is
illegally transhipped and directly exported. This led to the setting up of an
enhanced system of regulation knows as the Port State Measures (PSM). PMS is a
set of rules that a foreign vessel must comply with in order to dock and use
the port, such as notification prior to arrival (WorldFish Center 2017).
Unfortunately, the accumulation of various treaties and
agreements is contributing to the apparent opacity of the regulations.
Additionally, the multiplication of international actors who are trying to
establish themselves as reference authorities on issues surrounding fishery
regulation and more particularly IUU is supporting the failure of these
efforts. Even if the FAO seems to dominate these issues, it is the UN
Convention on the Law of the Sea (UNCLOS) that governs anything relating
to oceans. UNCLOS' most important contribution is the creation of the EEZ, a
200 nautical miles strip around the coasts of a State that falls under its
jurisdiction (Daniels, et al. 2016). Also attempts made to establish a common
system of registration in order to identify and tag vessels who practice IUU
fishing received little success. Interpol is the actual
60
international law enforcement agency reference supervising IUU
isn't up to date on the practices used, nor are other initiatives or
programs.
| 
