Illegal Fisheries; from Responsibility of the Coastal States and Flag State to the Regional Fisheries Management Organization’s Monitoring

Illegal fisheries are one of the reasons for disruption of combination of the seas fisheries, their significant reduction and loss of food security. Therefore, mechanisms have been devised to prevent the depletion and destruction of the seas fisheries. On the one hand, an Exclusive Economic Zone has been created, and the Coastal State has been given the authority to manage and protect its living resources. On the other hand, the Flag State has been given exercise of jurisdiction in fisheries matters over ship flying its flag in the in the Exclusive Economic Zone and the High Seas. But the combination of the two, for some reason and another, faces mutual limitations that have led to their inefficiency. Meanwhile, the Regional Fisheries Management Organization’s theory of monitoring does not address the responsibility of the Coastal State and the Flag State with specific mechanisms in this regard. Therefore, examining the competence and obligations of the Coastal State and the Flag State in the field of illegal fisheries and the Regional Fisheries Management Organization’s monitoring components are one of the goals and topics of this manuscript to answer related questions. First, what are the reasons for the inefficiency of the competencies and obligations of the Coastal State and the Flag State in connection with illegal fisheries? Secondly, what is the role and components of the supervision of the Regional Fisheries Management Organization in this area and the reason for its inefficiency? The research findings show that the exercise of the sovereign rights of the Coastal State in the Exclusive Economic Zone interferes with the right to freedom of navigation and freedom of fishing of foreign ships and the authority of the Flag State in matters over ship flying its flag. The Coastal State invokes domestic law and executive discretion, but is still subject to the restrictions set out in the UNCLOS, which applies to foreign ships and its Flag State. The Regional Fisheries Management Organization’s monitoring over the performance of the Coastal State and the Flag State in connection with illegal fisheries is insufficient, despite the fact that it faces executive restrictions. However, the prospect of a tripartite cooperation between the Coastal State, the Flag State and the Regional Fisheries Management Organization of the promising to overcome this situation.