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Fisheries law enforcement, from investigation to judgement, continues to be an expensive and lengthy process in many jurisdictions. Many countries - particularly developing countries - experience such a significant backlog of pending trials for conventional criminal offences that dealing with fisheries offences is not a priority. This study suggests considering the use of administrative sanctions as a direct response to the problem and examines the administrative systems for dealing with fisheries offences in a diverse range of countries from different legal systems. It is intended to assist states in identifying the issues they need to take into account when considering the adoption of such a scheme. It is expected that the study will be especially valuable to developing states seeking to adopt a cost effective means of dealing with illegal, unreported and unregulated fishing, but which nonetheless wish to ensure that the basic individual rights of the accused are protected.
This study examines fisheries control issues at the national, regional and subregional level. It consists of two major international agreements: the FAO Compliance Agreement and the UN Fish Stocks Agreement. The study analyses and compares national legal systems and their governance of fisheries control. Existing and proposed regional and subregional agreements are identified, analysed and compared.
This study is a contribution of the FAO Development Law Service to the discussion on rights-based systems in fisheries management from a legal perspective. It outlines the history of the development of rights-based fisheries management, the concepts of property rights in fisheries and the terms used in property rights regimes, the governing legislation in jurisdictions which have introduced property rights in fisheries, the interpretation placed by the courts of the jurisdiction on that legislation, and the possible options for implementing property-based fisheries rights systems in national legislation. Includes a section on New Zealand (p. 24-35).