| Summary: | 碩士 === 國立中正大學 === 法律系研究所 === 106 === Illegal, unreported and unregulated (IUU) fishing is a problem that affects a wide range of countries on all continents. It is not unusual that one single IUU fishing operation can be carried out in the waters of different countries or that the operators involved are of different nationalities. International cooperation is thus essential to prevent, deter and eliminate such activities. Consequently, the EU aims to cooperate with third countries in the implementation and operation of the IUU Regulation.
The Regulation is comprised of several provisions, including cooperation mechanisms between third countries and the EU. Those cooperation mechanisms should be seen as facilitating tools for the implementation of the Regulation but shall however not be considered as a prerequisite to its implementation. The EU will encourage cooperation with third countries and assist in the implementation of the Regulation, so as to avoid hindering or delaying current legitimate trade flows.
The European Commission (EC) identified Taiwan as an uncooperative nation in the fight against IUU fishing on Taiwanese ship was allegedly found illegally trawling for tuna and carrying shark fins in international waters near Papua New Guinea in October 2015.
The EC said that its decision to issue a “Yellow card” to Taiwan is based on serious shortcomings in the fisheries legal framework, a system of sanctions that does not deter IUU fishing, and lack of effective monitoring, control and surveillance of the long-distance fleet, while Taiwan does not systematically comply with the obligations of regional fisheries management organizations.”
The EC said it proposed an action plan for Taiwan and has given the nation six months to resolve the identified issues. Should Taiwan fail to address them within six months, Taiwanese aquatic products might be banned in EU markets. Fisheries exports to the EU amount to 13 million euros (US$14.6 million) every year.
Taiwan may have averted the EU’s “Red card” to improve their legal framework and seek better regional cooperation to combat IUU fishing. In March 2017, just before the end of the six-month period since the yellow card, the Executive Yuan passed a draft bill (Regulations on Distant Fisheries) and a revision to an existing fishery law in an attempt to address the EU’s legal concerns. Among the key features of these draft bills are the requirement that all vessels install a vessel monitoring system and report back daily on catches, keep a digital log book, and obtain a permit before landing their catch. In addition, penalties for IUU activities will substantially be increased.
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