PREDATION FISHING WITHIN THE EXCLUSIVE ECONOMIC ZONE

PREDATION FISHING WITHIN THE EXCLUSIVE ECONOMIC ZONE

PREDATION FISHING WITHIN THE EXCLUSIVE ECONOMIC ZONE

Let us start from the basis of what we consider to be its exclusive economic zone. In the EEZ, according to Julio Barboza, extending up to 200 nautical miles from the baselines. In turn, within the jurisdiction of argentina, the 200 miles are covered in the Law N°23.968, article 5. 

According to the statement, the law concludes that within the EEZ, the Argentine Nation exercises sovereignty for the purposes of exploration and exploitation, conservation and management of natural resources. 

Illegal fishing, understood as the fishing carried out under the jurisdiction of a nation, without the permission of this and in contravention of its laws; it has a host of consequences for Argentina, economic, environmental, and diplomatic. But then I'll come back to it. 

Source: Schvartzman et. al. (2018)

The main conflict that arises from this is that fishing vessels of certain countries will perch on the mile 201 in order to exploit the resources. It happens that, at the time of passing through the mile 200 to 199, that fishing is considered unregulated, it happens to be considered illegal fishing. It is bread of every day, the fact that Naval Prefecture should capture fishing illegal in the EEZ, where not only millions of dollars are spent in pursuit, but that risks the lives of the sailors constantly. Mr. milko Schvartzman says that of the total number of foreign vessels in the territory under the jurisdiction of argentina, more than 40% are chinese, between 18 % and 20% are taiwanese, between 18% and 20% are south koreans, and the rest, are Spanish. It should be noted, says a study from 2017, these vessels are subsidized by the countries that carry flag. What is more, it should be noted that China has the largest fishing fleet in the world and is the nation with the highest rates of illegal fishing.  

Source: Europa Blue (2020).

Speaking of the economic consequences, we should note that the exploitation of fishing by foreign vessels achieved that vessels argentine may not be able to commercialize these products, understanding the importance of fisheries exports to the country. For example, in 2019, molluscs accounted for 13% of the national catches, and within this percentage, positions the squid Illex, which is equivalent to 16%. This squid is the third major product exported by Argentina, therefore, that this direct blow to the economy, only triggers on lower exports, and, therefore, less money. It is such a loss, the illegal fishing achieves that Argentina has been deprived of 14 billion dollars a year, and in fishery resources. This loss, in a developing country such as Argentina, is a direct blow to employment, markets, and as that name before, toward the cost of the life human. To exemplify this, we can mention the case of a ship which arrived at the port of Montevideo in the early morning of 7 August of the current year, where the Prefecture investigates the events that occurred in that ship, because, of the four crew members, one was injured and another died. This case is curious, because this ship sailed without making the corresponding protocol. If they had followed the specific protocol, it would have saved the life of a human being. In terms of the two crew members unharmed, the uruguayan Prefecture stopped for taking a statement to the prosecutor's office. Following in the line of economic, it is worth making clear that this type of illegal fishing generates a space where ships argentine, of a legal nature, are unable to compete with the prices of the latter. Schvartzman said that the ships of legal run at a disadvantage, due to the costs of the legal operation are doubled with respect to that of the illegal operation. Because of this, in the international markets, the argentine exporters have to compete with prices artificially very low, generating losses at the country level. 

Now we continue with another very important point, not to say the most important, which are the environmental consequences of illegal fishing. Roberto García Moritán says that in terms of, for example, fishing for squid, patagonian; fishing the double of what is recommended for the preservation and continuation of the species. Overfishing brings with it the decline and impact on the resources of the sea, the reefs; pollute the waters, generate ecological imbalances, reduce the population, predator, etc In keeping with the squid, fishing and preservation is covered by the Camera of Shipowners of Poteros Argentine (LAYER). The time squid fishing is when you are migrating on the continental shelf, so it can be fished between 1 February and 31 August. Between 1 February and 30 June fishing is allowed in the south of 44°S, and is carried out on two subpopulations: desovante of summer (SDV) (concentrations of reproductive) at the beginning of the season and sudpatagónica (concentrations prerreproductivas) during the entire period. 1 may the season starts, to the north of 44°S, which closes on the 31st of August. In this period, is captured mainly in the subpopulation of buenos aires-with north patagonia (SBNP) (concentrations prerreproductivas), and to a lesser extent, and on the end of the season, the desovante spring (SDP). 

Conservation, not only of the squid, but of all the living resources of the EEZ, are protected by the law N°24.922, where the Argentine Nation has the competence to promote the exercise of a fisheries sustainable maritime, protecting the value of the resources. 

It happens that, within what we might call the consequences diplomatic, ships to illegal obtain permits to fish through the british government and its management fishing in the Falkland Islands. The british government granted these permissions, without taking into account the environment, labour and safety of navigation. The logistics base that brings Great Britain into these vessels has been a modus operandi very common among the vessels taiwanese, Korean, and Spanish. 

Apart from this, as the name before, these fleets illegal can only operate thanks to the subsidies afforded to them by their countries ' flags. Grants can range from the provision of fuel, until the tax exemptions and equipment provision, 

Possible solutions: the steps to follow when you stop a boat is illegal, is to identify it, inspect it and capture your wine cellar. In the event that the vessel will be denied, and with the authorization of the foreign ministry, is fired first into the water. At the time of capturing a ship is illegal, the punishment is only focused on the economic character. What is proposed, is the fact of entering the Criminal Code, illegal fishing, and you can punish you way criminal. It should cover the damage to the environment, and part of the punishment should go set in that regard. However, the latter goes beyond the EEZ, since the environmental impact is not recognized by the miles, so those of environmental damages that occur in the mile 201, also affect the ZEE argentina. 

Another point of punishment should be addressed to the mistreatment and violations of human rights, and in some cases, slave labor. 

In terms of diplomatic solutions, seeks to eliminate subsidies to IUU fishing, under the framework of the World Trade Organization; and generating a new agreement with preferential treatment for developing countries.  

Under the same topic, the European Union is aware of the problem, it has opted for regulatory measures, similar to the Global Record of Fishing Vessels, driven by the FAO. Through bilateral relations, Argentina, you can, in conjunction with the European Union, attack IUU fishing. Cooperation is key, to a global problem, we need a global solution. 

BIBLIOGRAPHY

Schvartzman, Mr. Milko; Hernández, Alejandro Esteban; Rubino, Paul Leonardo Rubino; López, Andrea Carina; Aguirre, Luciano Aguirre (2017). Illegal fishing and slavery in the Falkland Islands. Report submitted to the International Relations Commission of the Honorable Chamber of Deputies of the Argentine Republic. Retrieved from: https://www.hcdn.gob.ar/export/hcdn/diplomacia_parlamentaria/malvinas/Schvartzman_et_al.pdf