International monitoring, control and surveillance

Illegal, unreported and unregulated foreign fishing (IUU)

The Australian Fisheries Management Authority (AFMA) plays a key role in protecting Australia’s vast exclusive economic zone (EEZ) and adjacent high seas from illegal, unreported and unregulated (IUU) foreign fishing. AFMA’s officers conduct deterrence and apprehension activities in tropical, temperate and sub-Antarctic regions. AFMA officers work closely with other Commonwealth agencies in protecting Australia’s fishing interests, including Border Protection Command, Australian Defence Forces, the Australian Government Department of Immigration and Citizenship, the Commonwealth Director of Public Prosecutions Office as well as international fisheries management organisations and foreign fisheries agencies.

The main areas threatened by IUU fishing activities are to the north of the Australian mainland where Australia has adjoining marine interests with Indonesia, Timor Leste and Papua New Guinea (PNG). There is also significant patrol activity in the southern oceans and to a lesser extent, in the central and western pacific region.

  • In northern Australia, incursions are largely made by fishers from Indonesia and PNG, targeting shark, reef fish, tropical rock lobster or trepang (sea cucumber). The main drivers behind incursions continues to be over-exploitation of Indonesian fishing grounds by Indonesian and foreign fishers (legal and illegal), poverty, lack of alternative livelihoods in eastern Indonesia, high fish prices and the potential for large financial gain.
  • In Australia’s EEZ adjacent to Heard Island and McDonald Islands (HIMI) in the southern ocean, Australia manages a Patagonian toothfish and mackerel icefish fishery. AFMA officers are deployed upon Australian fishery patrols and joint fisheries patrols with the French Navy. The joint patrols aim to detect and deter IUU fishing in the adjoining Australian and French EEZs and waters subject to conservation measures adopted by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR).
  • In the pacific ocean, AFMA officers have participated in patrols on board US Coast Guard vessels to deter IUU fishing in waters subject to conservation measures adopted by the Western and Central Pacific Fisheries Commission.

AFMA officers utilise a combination of on-the-water maritime patrols, capacity building programs and cooperative measures at the regional level to treat the root causes of IUU fishing within the region. Through its head office in Canberra and regional offices in Darwin and Thursday Island, AFMA is responsible for:

  • maintaining a physical presence within the Border Protection Command in order to assist the conduct of risk assessments, plan and task of surveillance and response resources and provide approvals on the apprehension of illegal vessels
  • the investigation of incursions by illegal foreign fishers for referral to the Commonwealth Director of Public Prosecutions for prosecution.  This requires the deployment of AFMA officers on board Navy and Customs patrol vessels.
  • the provision of training in evidence collection and investigative procedures to other Australian government agencies involved in enforcing the Fisheries Management Act 1991.
  • the caretaking and orderly disposal of seized illegal fishing vessels to minimise biosecurity risks
  • the provision of education programs to foreign fishers on the water, post apprehension and in-country
  • the strengthening of regional monitoring, control and surveillance activities through the provision of capacity building, information sharing and government to government engagement throughout the region.

Plans of Action and Agreements to Combat IUU fishing

 Underpinning AFMA’s arrangements to combat IUU fishing are a number of international, regional and national instruments, agreements and plans of action supported, as detailed above, by a program of international engagement and regional capacity building. AFMA has taken an active role in their development and implementation in partnership with other Commonwealth agencies including the Department for Agriculture, Fisheries and Forestry, Attorney-General’s Department, Department for Foreign Affairs and Trade, Australian Bureau of Agricultural and Resource Economics and Sciences, Department of Sustainability, Environment, Water, Population and Communities, Department of Defence and AusAID. Further information can be found on their respective websites.

 International and National Plans of Action

The International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (IPOA-IUU) was adopted by United Nations Food and Agriculture Organization (UN FAO) in 2001. It calls on all States parties to take effective measures internationally, regionally and nationally to combat IUU fishing including via the adoption of port State measures, coastal State measures, market-related measures and measures to ensure that nationals do not support or engage in IUU fishing.

International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (IPOA-IUU) (81kb) 

 In March 2005, Australia implemented the IPOA-IUU domestically through the Australian National Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (NPOA-IUU). The NPOA-IUU outlines the domestic and international measures Australia has currently taken, as well as those it will implement in the future, to combat IUU fishing. Many of these measures have been given effect through provisions of the Australian Fisheries Management Act 1991.

National Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (NPOA-IUU) (431kb)

Regional Plan of Action

In May 2007, Australia adopted the Regional Plan of Action to Promote Responsible Fishing Practices including Combating Illegal, Unreported and Unregulated Fishing in South East Asia (RPOA-IUU) with ten other countries from the South East Asia region. In order to combat IUU fishing, the RPOA-IUU recognises that an effective international monitoring, control and surveillance (MCS) system is a key component of a robust fisheries management regime. Australia continues to work with member countries to develop effective MCS networks and to identify areas where members can work together to deter IUU fishing in the region.

Regional Plan of Action to Promote Responsible Fishing Practices including Combating Illegal, Unreported and Unregulated Fishing in South East Asia (RPOA-IUU) (46kb)

Agreement on Port State Measures

In assessing future steps to combat IUU fishing, the NPOA-IUU identified the need to develop a framework to strengthen port State measures on an international scale. To facilitate this, Australia took an active role in the development of the UN FAO Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSM Agreement). The PSM Agreement was adopted by the UN FAO in 2009. Australia became a signatory in 2010 and is currently considering ratification of the PSM Agreement.

 The PSM Agreement establishes minimum standards for port State controls for foreign fishing vessels (FFVs). These controls will make it more difficult for the products of IUU fishing to enter markets and include:

  • designation of ports accessible to FFVs
  • denial of port access and port services to vessels suspected of engaging in or supporting IUU fishing
  • minimum standards for information to be provided by FFVs requesting permission for port access
  • program of regular inspections and a set of standards that will be used during those inspections
  • the establishment of a system to enable information sharing between States.

Under the PSM Agreement, these measures only apply in relation to FFVs, but States are expected to ensure that equally effective measures are in place in relation to their own vessels.

 AFMA will have responsibility for implementing the majority of measures under the PSM Agreement, which have for the most part already been actioned through the NPOA-IUU and existing Australian legislation relating to port controls for both domestic and foreign fishing vessels.

Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSM Agreement) (153kb)