Illegal Fishing—Northern Australia

So far this year, Australia has seized 250 vessels, and detained more than 1,000 fishermen, for allegedly fishing in Australia’s northern waters in contravention of the law.^[1] These statistics have come to light as Australia’s Fisheries Minister, Senator Ian Macdonald, has been meeting with his Indonesian counterpart, Rear Admiral Freddy Numberi, in an attempt to have both countries work together to find out whether “organized crime and big international syndicates are behind illegal fishing in Australia’s northern waters.”^[2]

When the talks began, Sen. Macdonald was somewhat pessimistic, saying that the end of illegal fishing “seem[ed] a long-term strategy,” but Adm. Numberi has taken a “very cooperative approach.”^[3] Part of this approach includes “coordinated patrols on sea borders between the two countries” as well as launching a joint investigation into whether organized crime really is behind the illegal fishing.^[4]

The joint patrols would not only “reduce the number of incursions into Australian waters, but also reduce the number of Indonesian nationals being arrested in Australia.”^[5] Australia claims that Indonesians are venturing into Australia’s waters for shark fins, a key delicacy which can fetch up to A$200 a kilogram.^[6]

Previous to these negotiations, Sen. Macdonald “had been hoping to find a way to jail the illegal fishermen, who must now be repatriated under a United Nations convention.”^[7] Under article 73 of the UN Convention on the Law of the Sea, a coastal state may, “in the exercise of its sovereign rights,” take necessary measures to ensure compliance with the Convention, “including boarding, inspection, arrest and judicial proceedings.” However, upon the posting of a reasonable bond or other security, the arrested vessels and their crews must be promptly released.^[8] It seems that this was a sticking point that has become less so. Adm. Numberi has recently said that Indonesia only needs to be informed more promptly when its fishermen are arrested.^[9]

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[1] Indonesia to Probe Illegal Fishing, ABC (Australia), Dec. 19, 2005.
[2] Id.
[3] Minister Confident New Agreement Could End Illegal Fishing, ABC (Australia), Dec. 20, 2005.
[4] Id.
[5] Australia, Indonesia Plan to Fight Illegal Fishing, Reuters (via Jakarta Post), Dec. 21, 2005.
[6] Id.
[7] ABC, supra note 1.
[8] UN Convention on the Law of the Sea, Oct. 10, 1982, art. 73, para. 2, 21 I.L.M. 1261 (1982).
[9] ABC, supra note 1.