Elsevier

Marine Policy

Volume 144, October 2022, 105214
Marine Policy

Towards an international legal definition of the notion of fisheries crime

https://doi.org/10.1016/j.marpol.2022.105214Get rights and content
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Highlights

  • Illegal fisheries activities have been criminalised in the legislation of some States.

  • Notion of fisheries crime is not a new crime applicable to the fisheries context.

  • Fisheries crime encompasses all crimes committed along the fisheries value chain.

  • The notion of fisheries crime is still unclear and require more accurate definition.

  • Although both notions are related, fishing crime cannot be equated to IUU fishing.

Abstract

Over recent years, importance has been attributed to the application of criminal sanctions in the fight against IUU fishing due to the seriousness of the threat it represents for the conservation of marine living resources. This trend towards the criminalisation of certain activities related with IUU fishing has given rise to the appearance of the notion of fisheries crime, which is increasingly employed in certain international forums. However, from a legal point of view, this term does not define a new type of crime applicable to fisheries activity. Rather, it seeks to demonstrate that certain fishing-related offences are criminal in nature. Thus, it is important to define the scope of this notion of fisheries crime in order to determine what criminal offences are included within this category. Depending on its degree of connection with fisheries activity, fisheries crime covers three separate categories of crimes: the crime of illegal fishing, illicit fisheries-related crimes and crimes committed in the context of the fisheries sector.

Keywords

Criminal sanctions
Fisheries crime
IUU fishing
Principle of legality
Spanish law

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