| Summary: | 碩士 === 國立金門大學 === 海洋事務研究所 === 102 === Freedom of fishing on the high seas has been increasingly restricted over the past 50 years by prohibiting or restricting the use of certain fishing gear and methods – for example, stricter requirements on hole-sizes for fishing nets.
However, there are still many fishermen who practice flagging or reflagging of fishing vessels, so as to avoid compliance with international conservation and management measures for living marine resources. Failure of Flag States to fulfill their responsibilities with respect to fishing vessels flying their flag is one of the factors that seriously undermines the effectiveness of conservation measures. It should be noted that the exploitation of flags of convenience (FOC) also jeopardizes the lives and livelihoods of residents in coastal communities that have few alternative sources of food and income.
The present study explores the role and functions of Flag States regarding high seas fishery management and conservation, focusing primarily on the relationship between (FOC) practices and the phenomenon of illegal, unreported and unregulated (IUU) fishing.
In addition, the issue of “illegal fish laundering” in Taiwan’s longline fishing industry is addressed. In November 2005, the International Commission for the Conservation of Atlantic Tunas (ICCAT) imposed sanctions on the Republic of China’s longline fishing industry for illegal fish laundering activities, resulting in the drastic reduction of the number of Taiwanese longline fishing vessels. With this in mind, the present contribution analyzes the remedial measures adopted by the Taiwan Fisheries Agency (TFA) to address the issues of FOC and IUU fishing in the wake of this case.
This study finds that during the years 2008-2010, the ROC had already enacted some ordinances to regulate its nationals who invest in or operate foreign-flagged vessels. These ordinances were designed to better conserve marine living resources, contributing to the proper governance of international fisheries. However, the law enforcement agency in question has remained relatively passive, thus allowing the problem of FOC usage in the Taiwanese fishing industry to remain unresolved.
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