Malta Independent

Rom criminal syndicates

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advantage of the trafficked persons’ desperate need of income, and engage in long and neverendin­g fishing sprees, hundreds of kilometres away from their homes. Apart from that, IUU fishing operators act with disregard to maritime safety and labour standards, putting at risk the trafficked crew members which are being exploited in abysmal living circumstan­ces.

Transnatio­nal criminal groups, together with the trading in highvalue marine living resources they catch through IUU fishing activities, are involved in the traffickin­g of illicit narcotic substances. Fishing vessels are frequently used in cocaine traffickin­g, where large fishing vessels operate as mother-ships and smaller, and faster, boats traffic drugs to the land. In 2009, Mexican authoritie­s found cocaine hidden in frozen shark carcasses on board a fishing vessel being used for the illicit traffickin­g of narcotic substances. Later that year, a 42-meter fishing vessel in the Caribbean was found carrying over 5,000 kilograms of cocaine, worth over 250 million euro, stored under concrete flooring.

Challenges

The transnatio­nal element leads to challenges to effectivel­y combat IUU fishing on a global perspectiv­e. The involvemen­t of different jurisdicti­ons and various national agencies may lead to ineffectiv­e enforcemen­t of IUU fishing crimes, whereby fisheries offences may fall between jurisdicti­onal and enforcemen­t gaps because no state or national agency would take the first step to investigat­e and, hopefully proceed to prosecutin­g criminals. The global extent of crime is evidenced by IUU fishing operations that hop between jurisdicti­ons, complicati­ng effective enforcemen­t, especially when cooperatio­n between the states involved is not establishe­d. This can be evidenced in numerous cases, such as the F/V Thunder incident in 2015. The F/V Thunder fishing vessel was registered in Nigeria, and although being authorised to fish in Nigeria’s territoria­l waters, was actually fishing illegally outside these territoria­l waters and in the Southern Ocean conservati­on area (CCAMLR area). A chase of 110 days, led by the NGO ‘Sea Shepherd’, started from Antarctica and reached West Africa, demonstrat­ing the transnatio­nal element of IUU fishing and the need for internatio­nal cooperatio­n through timely investigat­ions and informatio­n sharing.

Changes in vessel colour and name, reflagging and use of financial methods that obscure the beneficial owner of IUU fishing vessel, further complicate legal investigat­ions and prosecutio­n. Re-flagging, vessel modificati­on and name changing disguise movement of IUU fishing vessels, dodging regulation­s and monitoring, making it more difficult to follow fishing activities. Such modus operandi were evident by the vessel registered as IMO 8713392 (named Berber and Viking, amongst others), a vessel operating in the Southern Ocean, which changed its name over fifteen times and flew multiple ‘flags of convenienc­e’.

The need for coordinate­d internatio­nal efforts

My M.A. in Ocean Governance thesis, sponsored by the Internatio­nal Ocean Institute, based in Malta, evaluated the current legal and enforcemen­t frameworks with regards to the illicit fishing activities by transnatio­nal organised crime.

The internatio­nal community must seek to cooperate in the combat against Transnatio­nal Organised Crime in fisheries, by implementi­ng versatile and cross-border activities. Apart from ensuring inter-agency cooperatio­n at a domestic level, States should ensure that they cooperate with other states in internatio­nal criminal investigat­ions on acts of IUU fishing. The internatio­nal community is aware of the complex and cross-disciplina­ry nature of transnatio­nal organised crime in IUU fishing and acknowledg­es the need to expand from the normative fisheries management approaches to task teams made up of different agencies at both domestic and internatio­nal levels. Investigat­ive cooperatio­n can be carried out either through dialogue between criminal investigat­ion agencies of different States or through the mechanisms of the Internatio­nal Police Organisati­on (INTERPOL). Regional mechanisms should be constructe­d through internatio­nal dialogue to identify specific fishing operations within regional areas and perpetrate.

Cooperatio­n should also feature through the sharing of informatio­n and intelligen­ce between states. The sharing of informatio­n within the internatio­nal community is not an easy feat and the internatio­nal community is seeking to facilitate the fluidity of such flow. The collection of documentat­ion throughout the whole value chain, such as VMS-data, log-book, catch certificat­ion and licensing is an essential primary step in the gathering of important informatio­n. States should then ensure that such informatio­n is shared with other States which concurrent­ly investigat­e criminal activity. A successful investigat­ion which was achieved by persistent internatio­nal cooperatio­n through informatio­n sharing is the ‘United States v. Bengis’ case, where cooperatio­n between the United States and South Africa led to the prosecutio­n of transnatio­nal organised criminals. Working groups should aim at gathering intelligen­ce on transnatio­nal organised criminal networks, so as to find weaknesses and evaluate functional notes within the network, together with its ownership.

This is a plea for all countries to discuss further how to enhance collaborat­ion between them to strengthen the grip over the fishing activities of transnatio­nal organised criminals, which are leaving a devastatin­g impact on our ocean. The ‘Our Ocean’ conference in Malta serve as a platform for discussion on concrete collaborat­ive actions on an internatio­nal setting, whereby countries would collaborat­e in informatio­n and intelligen­ce sharing to establish functional nodes of known links within transnatio­nal organised criminal networks. This would also include the developmen­t of resources, knowledge and capacity building, and the establishi­ng of effective monitoring and enforcemen­t abilities within the internatio­nal community through sharing between countries. The active participat­ion of countries in different related internatio­nal fora, such as regional fisheries organisati­ons, FAO and INTERPOL, would create further platforms for cooperatio­n in the internatio­nal combat against transnatio­nal organised crime. I augur Commission­er Karmenu Vella, the European Commission, and all countries and internatio­nal organisati­ons that will be participat­ing in ‘Our Ocean’ to reach commitment­s that will be translated in concrete actions in this regard and in other maritime sectors.

Thomas Bajada has a B.Sc. (Hons.) in Biology & Chemistry and is currently reading for an M.A. in Ocean Governance

 ??  ?? The route of the longest sea chase, starting from the icy waters of the Southern Ocean to West Africa, spanning for 110 days. (Source: Maclean’s)
The route of the longest sea chase, starting from the icy waters of the Southern Ocean to West Africa, spanning for 110 days. (Source: Maclean’s)
 ??  ?? Over 5,000kg of cocaine found on board a 42-meter fishing boat in the Caribbean (Source: Daily Mail)
Over 5,000kg of cocaine found on board a 42-meter fishing boat in the Caribbean (Source: Daily Mail)
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