Fight Illegal Fishing for Great Power Advantage

Ocean Governance Topic Week

By Matthew Ader

Illegal, unregulated, and unreported (IUU) fishing costs Asia billions of dollars a year and constitutes a third of the entire regional catch. It has strong links with sea slavery and unregulated migration – the Thai fishing fleet employs 50,000 foreigners annually, often criminally underpaid and held in poor conditions – along with other criminal enterprises, such as underage prostitution. Moreover, it leads to dramatic overfishing, damaging local economies and causing serious environmental damage. All countries in the region acknowledge it is a major issue with cross-cutting impacts, yet generally lack the capabilities to manage it.

It is typically conceptualized as a developmental or ocean governance challenge. But in fact it represents a remarkable strategic opportunity for the United States. The U.S. has struggled to contest China’s growing maritime insurgency in the South China Sea because its presence is relatively transient and China’s is not. The U.S. could make itself far more competitive in the region by contributing substantial resources to a multilateral maritime policing effort aimed at IUU fishing.

Such action would go a long way toward embedding the U.S. deeper into the region and supporting its strategy of a free and open Indo-Pacific. Instead of relatively short security cooperation exercises, U.S. personnel and assets would work shoulder-to-shoulder with regional partners for long periods of time, and make progress on an issue that readily impacts the quality of life of regional populations.

On a broader level, this policy could reshape perceptions of the U.S. and present China with difficult strategic decisions regarding maritime provocation. First, trust in U.S. foreign policy has declined precipitously under President Trump. Regional powers are concerned about the potential for America’s China policy to spark conflict and are dubious about the strength of Washington’s security guarantees. On the other hand, China has been making a bid for regional leadership, and while few countries see its actions as friendly, it is perceived as more influential and consistently present than a mercurial America. By deeply engaging in a multilateral, local-led mission against a systemic regional problem, the U.S. can substantiate its claims that it supports a free and open Indo-Pacific rather than be seen as destabilizing and high-handed. Moreover, as Chinese vessels are major contributors to IUU fishing, strong U.S. action against the practice would highlight the U.S. as upholding beneficial norms in sharp contrast to an aggressively self-interested China.

It would also cause China tactical heartburn. Chinese vessels routinely ram and dangerously approach ships from other countries but are more circumspect around U.S. ships for fear of escalation. If U.S. service personnel were routinely embedded on coast guard and naval ships from other nations, this level of circumspection would likely expand. In turn, this would provide regional navies more space to maneuver and assert their legitimate claims – evening out the maritime playing field and positioning the U.S. to be more responsive to the competition occurring below the threshold of open conflict.

However, the U.S. Navy must confront the reality of stagnating defense budgets and growing operational demands. Chronic overwork has already led to disaster in the 7th Fleet, and adding more taskings without substantial additional resources is not viable. Luckily, this program could be achieved at relatively low cost by utilizing assets not traditionally employed for national security. For example, IUU fishing is highly dependent on immigrant labor, with recruiters often trapping poor farmers in debt bondage. The State Department could assist international NGOs in targeting this practice. Experts from the U.S. Treasury Department and USAID could work with host nations on countering corruption in port authorities. Satellite radar data is becoming more affordable and proven to be effective in finding fishing vessels that turn off their transponders. There are some specialized capabilities which would certainly require additional investment. Sustainable training and embedding with partner navies could only realistically be done by the U.S. military. But innovative approaches that leverage the interagency can cut costs.

This policy is not without risks. Three clear issues would require action. First, it would expose U.S. personnel to greater threats. While embedding U.S. personnel on regional vessels might spur caution in Beijing, it is all too plausible to imagine a Chinese maritime militia or coast guard ship ramming a Vietnamese or Filipino vessel – only to inadvertently injure or even kill an embedded U.S. servicemember. Finding the right balance between earning the desired deterrent effect and having adequate force protection would be a challenge.

Second, it could feed into perceptions of U.S. hypocrisy or imperialism. IUU fishing is a major problem, but few countries appreciate meddling. The mission would require effective strategic communications and operating methods to emphasize a local-led, partnered approach. A particular wrinkle would be Japan, which is a major destination market for illegally caught fish. Challenging Japan on this issue might create tensions with a key ally, but failing to do so would invite accusations of hypocrisy. Designing the policy from the start with consultation from partners like Japan would be key to mitigating such challenges.

Third, while China is the biggest perpetrator of IUU fishing, it is far from being the only one. Many disputes over fishing grounds and regulation are between U.S. partners. That adds diplomatic nuance to assistance programs and would demand major efforts to resolve. Drawing on experience and trust earned through existing partnered operations would be vital. If the U.S. can leverage diplomacy to help resolve fishing disputes amongst its partners then it would make further progress on the issue and draw a sharper contrast with China’s behavior.

Another diplomatic wrinkle is the fate of boats and fishermen engaged in IUU fishing across international lines. Those arrested are often without papers, which makes deportation difficult, but governments are leery about detaining large numbers of foreigners for long periods of time. Aside from the humanitarian implications, it is a trigger point for international disputes. The U.S. could use its convening power to propose international courts and institutions to address such concerns, and perhaps draw inspiration from the Courts of Mixed Commission which helped suppress the trans-Atlantic slave trade.

Conclusion

IUU fishing is an ongoing humanitarian, economic, and environmental disaster. Working to stop it will be relatively affordable and advantageous for the U.S. if it leverages regional partnerships and interagency assets. More work should be done to explore the possibilities it offers as a matter of urgency.

Matthew Ader is a student in the Department of War Studies at King’s College London. He is an associate editor at the Wavell Room, and tweets infrequently from @AderMatthew.

Featured Image: ATLANTIC OCEAN (Aug. 17, 2009) Yu Feng, a Taiwanese-flagged fishing vessel suspected of illegal fishing activity, moves through the water before being boarded by crewmembers from the U.S. Coast Guard Cutter Legare (WMEC 912) and representatives from Sierra Leone’s Armed Forces Maritime Wing, Fisheries Ministry and Office of National Security. (U.S. Coast Guard photo by Public Affairs Specialist 2nd Class Shawn Eggert/Released)

Sea Control 191 – The Arctic with Dr. Elizabeth Buchanan and Katie Burkhart

By Jared Samuelson

Dr. Elizabeth Buchanan and Katie Burkhart join the podcast to discuss a wide range of Arctic issues, including Russian and Chinese activity in the Arctic, the Arctic Council, Russia’s 2035 policy document, the Northern Sea Route, and increased NATO activity in the Arctic.

Download Sea Control 191 – The Arctic with Dr. Elizabeth Buchanan and Katie Burkhart

Links

1. “What’s at Stake With Rising Competition in the Arctic?” by Brian Sittlow, Council on Foreign Relations, May 1, 2020

2. “The United States Must Defend Open Seas in the Arctic,” by Jerry Hendrix, The National Review, May 13, 2020
3. “Why NATO Needs a Standing Maritime Group in the Arctic,” by Colin Barnard, CIMSEC, May 15, 2020
4. “The U.S. Navy Returns to an Increasingly Militarized Arctic,” by David Larter, Defense News, May 12, 2020
5. “Russia’s New Arctic Policy Document Signals Continuity Rather Than Change,” by  Ekaterina Klimenko, SIPRI, April 6, 2020
6. “The Overhaul of Russian Strategic Planning for the Arctic Zone to 2035,” by Elizabeth Buchanan, NATO Defense College, May 19, 2020
7. “Developing Security in a White Water World: Preparing for the Arctic,” by Ian Birdwell, CIMSEC, June 10, 2020
8. “Presidential Memorandum on Icebreaking,” the White House, June 9, 2020

Jared Samuelson is the Senior Producer of the Sea Control Podcast. Contact him at Seacontrol@cimsec.org.

Sea Control 190 – Greyhound with Doyle Hodges

By Jared Samuelson

**SPOILER ALERT** Ships (not boats)! Surface Warfare Officers! Metaphorical SWO jackets! The Texas National Security Review’s Executive Editor and retired Navy Surface Warfare Officer Doyle Hodges joins the program to discuss the new film Greyhound from the perspective of a retired destroyer captain. “Meet her!”

Download Sea Control 190 – Greyhound with Doyle Hodges

Links

1. The Texas National Security Review
2. “Horns of a Dilemma” Podcast
3. The Good Shepherd by C.S. Forester

Jared Samuelson is the Senior Producer of the Sea Control Podcast. Contact him at Seacontrol@cimsec.org.

Regional Maritime Security Governance and the Challenges of State Cooperation on Piracy

Ocean Governance Topic Week

By Anja Menzel

On July 2, 2020 at around 4:20 a.m., three vessels attacked the Sendje Berge, a floating production support vessel off the coast of Nigeria. While there were no physical injuries, the perpetrators took nine personnel hostage. The kidnapping is the latest incident in a series of attacks in the Gulf of Guinea, which has become the most piracy-infested region in the world, closely followed by Southeast Asia. Worldwide, 162 actual and attempted piracy attacks were reported in 2019.1 As most incidents have taken place in territorial waters, the cross-border nature of maritime crimes matters for ocean governance. When operating, pirates are not restrained by national borders, and exploit states’ inconsistencies in maritime security capacities and capabilities. Therefore, the unabatedly high numbers of attacks underlines the need for littoral and user states to cooperate on counterpiracy.

Three Regional Agreements to Govern Piracy

To govern maritime piracy through state cooperation, three agreements have been set up in different regions of the world. The members to these regional agreements agree to arrest, investigate, and prosecute pirates on the high seas, and to suppress armed robbery in their respective territorial waters. In Asia, the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP) was established in 2006. 14 regional states as well as six extra-regional states are currently contracting parties. In East Africa, the Djibouti Code of Conduct (DCoC) was agreed on in 2009. To date, 20 states from the Indian Ocean region have signed this agreement on the repression of piracy and armed robbery in the western Indian Ocean and the Gulf of Aden. In 2017, the DCoC’s piracy-only focus was expanded to include maritime crimes more generally when the so-called Jeddah Amendment was adopted by a subset of DCoC member states. Finally, the Yaoundé Code of Conduct (YCoC) to combat illicit maritime activities in West and Central Africa was signed in 2013 by 25 regional states.

Signatories to the regional agreements on countering maritime crimes (Author illustration, based on material from www.freevectormaps.com)

As these agreements were successively established, policymakers were able to utilize insights from already developed setups elsewhere, a learning process that was actively sponsored by the International Maritime Organization. As a result, the agreements’ institutional structures are strikingly similar.2 This is most obvious in the agreements’ information-sharing structures. All agreements have Information Sharing Centers (ISCs) which collect data on maritime crimes and provide infrastructure for information exchange. The regional agreements also have a system of national focal points designated by each member state, which manage piracy and armed robbery incidents within the respective state’s territorial waters, report incidents to the ISCs, and coordinate surveillance activities with neighboring states.

Information Sharing and Capacity Building 

These regional agreements have been rightfully praised as a milestone in ocean governance, as they are a strong symbol of the commitment of member states to combat piracy and other maritime crimes. The collection and dissemination of data on maritime crimes is one of the most important practical tasks carried out by the regional agreements, because to efficiently coordinate cooperation between maritime security actors it is crucial to have available all relevant information on the threat at hand. Furthermore, by creating reliability, regular information sharing has the potential to strengthen trust and confidence among key actors.3

Capacity building carried out through the framework of the regional agreements is equally important. To varying degrees, the agreements’ frameworks offer exercises, workshops, and trainings to accumulate expertise on and foster cooperation between national agencies and the shipping industry, and also provide technical assistance to member states. In fact, the regions cooperate in their capacity building efforts on a regular basis. Due to their similar institutional structures, ReCAAP and DCoC members held several joint workshops where best practices were shared.

The Limits of Cooperation 

While the setup of the regional agreements is certainly a milestone in counterpiracy governance, the different regions are faced with a variety of challenges concerning cooperation in general and the implementation of the agreements’ provisions in particular.

Concerns over Territorial Sovereignty

Citing concerns over their territorial sovereignty, two of the states most affected by piracy in Southeast Asia, Indonesia and Malaysia, refuse to accede to ReCAAP. Although state cooperation in Asia is generally characterized by major sovereignty sensitivities, their reluctance is reinforced by ReCAAP’s open membership policy. While DCoC and YCoC have limited their membership to regional littorals, every interested state can join ReCAAP, which further fuels Indonesia’s and Malaysia’s concerns about foreign involvement in their territorial waters.4 However, the actual impact of the non-membership of key states in Asia remains unclear. Despite their official disapproval, both Indonesia and Malaysia cooperate with ReCAAP on a low-key level, participating in meetings and sharing select information. Nevertheless, an accession would certainly underline the two states’ willingness to commit to multilateral counter-piracy efforts given their strategic position in the Strait of Malacca and the Sulu and Celebes Seas.

Institutional Fragmentation

National sensitivities also led to a fragmented institutional landscape, both regionally as well as internationally. The DCoC operates three regional ISCs in Kenya, Tanzania, and Yemen. The YCoC architecture is even more fragmented, with regional maritime security centers for West as well as Central Africa in Congo and Ivory Coast, an interregional coordination center in Cameroon, and five coordination centers at the zonal level. Due to this fractional structure, information flows may be less efficient, and the ability to swiftly respond to undesirable events on the ocean could be hindered.5 While ReCAAP only operates one ISC, several other data-collecting bodies exist in Asia, such as the International Maritime Bureau’s Piracy Reporting Center and the Information Fusion Centre hosted by the Singaporean Navy. To complicate matters further, not all ISCs, particularly those in Southeast Asia, report data in a consistent way.6 Overall, the institutional plethora of information-sharing mechanisms underlines the importance of coordination between the different agencies. To this end, the regions’ potential to learn from each other’s experiences is not being fully realized yet.

Lack of National Capacities

To implement the regional agreements’ provisions on site, the capacities of member states are essential. However, member states’ means to counter maritime crimes in their territorial waters differ significantly. Some states, particularly in Asia, have comparably well-equipped navies, coast guards, and law enforcement agencies. In contrast, other states often lack those capacities, which is particularly apparent in Somalia and Yemen, which are both stricken by the devastating consequences of ongoing civil wars. Although the agreements offer capacity building measures, the mechanisms do not directly account for the resources of member states or their lack thereof.

Gaps in Scope 

Although the regional agreements geographically cover the greater portion of world regions currently affected by piracy, there are still blind spots. Whole continents have not set up comparable cooperation mechanisms yet, such as Oceania and the Americas, where local piracy hotspots like the Caribbean and the Venezuelan coast would call for concerted governance efforts. This becomes more salient when not only piracy, but also maritime crimes more generally are in focus, since crimes such as illegal, unreported, and unregulated (IUU) fishing are pressing in every corner of the world

Additionally, the regional agreements are rather narrow in their operational scope. This is particularly obvious in Southeast Asia, where ReCAAP has thus far only institutionalized cooperation on piracy and armed robbery. As policymakers increasingly realize that these crimes are only one of many pressing issues in the maritime domain, the agreements may go one step further. Already in Africa, with YCoC as well as the DCoC’s Jeddah Amendment, the signatory states agreed to also cooperate on transnational organized crime in the maritime domain, maritime terrorism, IUU fishing, as well as other illegal activities at sea. By calling on its member states to develop national strategies for sustainable blue economic growth, the Jeddah Amendment, although very tentatively, even ties maritime security to the greater blue economy.

Looking Ahead 

Threats to maritime security cannot be understood in isolation, as they are deeply interrelated. Going forward, maritime security governance will therefore need a more integrated understanding of the hazards posed by maritime crimes as well as the potential of coordinated efforts to combat these crimes.7 Specifically, it is necessary to strengthen maritime domain awareness by emphasizing potential synergies between combatting maritime crimes with the blue economy and the safety of the marine environment. This integrative understanding of developments and threats at sea is a prerequisite for coordination and cooperation between the diverse maritime security agencies and actors in this field.8 In that sense, the establishment of these regional counter-piracy agreements, their process of learning from each other and the gradual broadening of their scope, marks an important first step into realizing the full potential of an integrated approach toward maritime security governance.

Anja Menzel is a postdoctoral researcher at the FernUniversität in Hagen, Germany. She received her PhD in International Relations from Greifswald University, where she studied state cooperation on counterpiracy. Her current research interests include ocean governance, the construction of maritime spaces, and the link between the blue economy and development funding.

References

1. ICC IMB 2019. Report. Piracy and armed robbery against ships [1 January-31 December 2019]. London.

2. Menzel A. 2018. Institutional adoption and maritime crime governance: the Djibouti Code of Conduct. Journal of the Indian Ocean Region 14(2), 152-169.

3. Bueger C. 2015. From dusk to dawn? Maritime domain awareness in Southeast Asia. Contemporary Southeast Asia 37(2), 157–182.

4. Lee T. and McGahan K. 2015. Norm subsidiarity and institutional cooperation: Explaining the Straits of Malacca anti-piracy regime. The Pacific Review 28(4), 529-552.

5. Ralby I. 2019. Learning from success: Advancing maritime security cooperation in Atlantic Africa. Center for International Maritime Security, [https://cimsec.org/learning-from-success-advancing-maritime-security-cooperation-in-atlantic-africa/41517].

6. Joubert, L. 2020. What we know about piracy. One Earth Future Foundation, [https://stableseas.org/publications/what-we-know-about-piracy].

7. Menzel A. and Otto L. 2020. Connecting the dots: Implications of the intertwined global challenges to maritime security. In: Otto, Lisa (ed): Global challenges in maritime security. An Introduction. Springer.

8. Bueger C. 2015. From dusk to dawn? Maritime domain awareness in Southeast Asia. Contemporary Southeast Asia 37(2), 157–182.

Featured Image: ReCAAP ISC Signs MOU with World Maritime University (February 7, 2018)

Fostering the Discussion on Securing the Seas.