While efforts to reduce illegal fishing have been underway for some time, market data suggest the volume of illegal fish in the markets is not decreasing significantly. One issue that may be driving this is the difficulty in imposing meaningful sanctions. We discuss an alternative approach aimed at reducing illegal fishing. A State's open register allows relatively unassociated vessels to purchase entry to that register and fly that State's flag. This relationship between the vessel and the flag State is both a financial and legal one. The licensed vessel must comply with laws of the flag State around operations, safety, fishing access agreements, and other regulatory requirements. The flag State must exercise due diligence in the performance of its responsibility to exercise jurisdiction and control over its vessels. The State(s) which has incurred the cost and damages resulting from pursuit, apprehension, and prosecution of the vessel may have a claim for expenses and damages from the flag State if the flag State fails to exercise due diligence. By shifting the costs and harms associated with illegal fishing from coastal States to flag States that fail to exercise jurisdiction and control over the vessels they flag, such flag States may be incentivised to improve oversight over their vessels and join the international effort to combat illegal fishing.

中文翻译：

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鼓励改变受益所有权和开放登记——让船旗国对其船队和非法捕捞成本负责

虽然减少非法捕捞的努力已经进行了一段时间，但市场数据表明市场上的非法捕捞量并未显着减少。可能导致这种情况的一个问题是难以实施有意义的制裁。我们讨论了一种旨在减少非法捕捞的替代方法。一个国家的公开登记允许相对不相关的船只购买该登记的条目并悬挂该国的国旗。船舶与船旗国之间的这种关系既是金融关系也是法律关系。获得许可的船只必须遵守船旗国有关操作、安全、捕鱼准入协议和其他监管要求的法律。船旗国必须尽职尽责地履行其对其船舶行使管辖权和控制权的责任。如果船旗国未能尽职尽责，则因追捕、逮捕和起诉船舶而产生费用和损失的国家可以向船旗国提出费用和损失索赔。通过将与非法捕鱼有关的成本和危害从沿海国转移到未能对其所悬挂的船只行使管辖和控制权的船旗国，这些船旗国可能会被激励改进对其船只的监督并加入打击非法捕鱼的国际努力.