Illegal fishing crackdown hits legal snag

Australia is too harsh in dealing with illegal fishing vessels and potentially breaking international laws, a university report says.

Forfeiting illegal fishing vessels including their gear and catch and jailing crew in default of a fine threatened Australia’s strong stance on illegal fishing, The University of Queensland report says.

Report author, UQ international law lecturer Dr Rachel Baird, said the Federal Government would be in a potentially embarrassing position if Australia was challenged in the International Tribunal for the Law of the Sea.

“When a vessel is sighted committing an offence in Australian waters it automatically becomes Australian,” Dr Baird said.

“The courts do impose imprisonment in default of payment of a fine. That’s still imprisonment and contrary to international law.”

“I think the Federal Government is so keen to be seen to be taking a tough line that they are sailing really close to the wind.

“They’re putting themselves in the position where the flag state could argue that we’re breaching international law.”

Most illegal fishing boats in Australian waters are Indonesian vessels intercepted in northern Australia.

Dr Baird, a Fellow of UQ’s Centre for Public International, and Comparative Law, said illegal fishing crews should not be jailed and illegal vessels should only be forfeited after a court order or conviction.

She said other ways to handle illegal ships were to close ports to limit the sale of illegally caught fish, use public campaigns against illegal fishing crews and creating a detailed, photographic database of illegal vessels.

Dr Baird will speak about her work at a meeting of the Queensland Association of Masters Mariners tomorrow night from 6.30pm at the Greek Club, South Brisbane.

Masters Mariners represents commercial seafarers and professional fishermen.

The Federal Senator for Queensland and former Fisheries Minister Ian Macdonald will speak about fisheries enforcement at the meeting.

MEDIA: Dr Baird (0411 208 732, r.baird@law.uq.edu.au) or Miguel Holland at UQ Communications (3365 2619). *Hi-res photos available