IUU Fishing Vessel Listing Cooperation and Current RFMO Practices

Regional fisheries management organisation or arrangements (RFMOs) play an increasingly important role in international fisheries governance. They have multiplied in number, their normative output has increased, and several Memoranda of Understanding now regulate RFMO cooperation in areas of mutual interest. One such area is the exchange of information over so called illegal, unreported, and unregulated (IUU) fishing activities, including the exchange of IUU vessel listings and related data (cross-listing). This chapter analyses current practices of RFMOs in this regard against the backdrop of the duty to cooperate. The duty to cooperate is fundamental to international environmental law and has been given specific meaning in the context of cooperation through RFMOs. However, little attention has been paid thus far to possible cooperation obligations of RFMOs themselves. This chapter explores the international legal personality of RFMOs and, consequently, the international law obligations that bind them. It asks whether international law confers on RFMOs a general duty to cooperate with other RFMOs over alleged IUU fishing and examines the procedural implications of this issue. Many RFMO constituent agreements reflect the need for cooperation over alleged IUU fishing. It arguably also emanates from customary international law. This chapter also briefly explores whether the practice of cross-listing should be part of RFMOs’ duty to cooperate, concluding that this is undesirable without additional safeguards.