Source: UNODC
April 2011
Executive summary
The study posed the questions whether there is transnational organized crime and
other criminal activity in the fishing industry and, if so, what the vulnerabilities of the fishing
industry are to transnational organized crime or other criminal activity. The research took
the form of a six-month desk review of available literature, supplemented by ad hoc
consultations and a two-day expert consultation held in Vienna, Austria.
Importantly the study did not set out to tarnish the fishing industry. Rather, the
study sought to determine whether criminal activities take place within the fishing industry
to the detriment of law-abiding fishers, the legitimate fishing industry, local fishing
communities, and the general public alike.
The study considered the involvement of the fishing industry or the use of fishing
vessels in trafficking in persons (Chapter 2); smuggling of migrants (Chapter 3); illicit traffic
in drugs (Chapter 4); and other forms of crime such as marine living resource crime,
corruption, and piracy and other security related crimes (Chapter 5).
The perhaps most disturbing finding of the study was the severity of the
abuse of fishers trafficked for the purpose of forced labour on board fishing
vessels. These practices can only be described as cruel and inhumane treatment in the
extreme. Fishers are held as de facto prisoners of the sea, and the study documents several
instances of reported deaths, severe physical and sexual abuse, coercion and general
disregard for the safety and working conditions of fishers. A particularly disturbing
facet of this form of exploitation is the frequency of trafficking in children in the
fishing industry.
The study moreover found several reported instances where human
trafficking in persons on board fishing vessels were linked to marine living
resource crimes. Marine living resource crime is defined for the purpose of the study as
criminal conduct that may cause harm to the marine living environment, typically offences
established on the basis of contraventions of marine living resource management and
conservation regulations. The study found that transnational organized criminal
groups are engaged in marine living resource crimes in relation to high value,
low volume species such as abalone. This criminal activity is moreover linked to illicit
traffic in drugs, particularly ATS and ATS precursors, as a barter arrangement for marine
living resources. The study also found that some transnational fishing operators
are engaged in marine living resource crime. These fishing operations are highly
sophisticated with complex incorporation and vessel registration strategies, as well as a high
degree of logistical coordination of vessel support services at sea and the laundering of
illegally caught fish on to the market, often through the use of at-sea transhipments and
fraudulent catch documentation. Investigation and prosecution of the criminal activities of
these transnational fishing operators has proved to be challenging. There are moreover
indications that the fishing licensing and control system is vulnerable to
corruption, as is the practice of awarding foreign fleets access rights to fishing
grounds in developing States and possibly also the system of allowing foreign
corporate entities the right to operate commercial ship register of flag States
that are unable or unwilling to enforce their criminal jurisdiction.
The role of fishing vessels in criminal activities was considered throughout the study.
The study found that fishing vessels are used for the purpose of smuggling of
migrants, illicit traffic in drugs (primarily cocaine), illicit traffic in weapons,
and acts of terrorism. Fishing vessels are used as mother ships, i.e. vessels that serve as
base stations from which criminal activities take place, as supply vessels for other vessels
engaged in criminal activities, or simply as cover for clandestine activities at sea and in port.
The study moreover considered the role of fishers in transnational organized crime
at sea and other forms of criminal activities. The study found that although fishers are
often recruited by organized criminal groups due to their skills and knowledge
of the sea, they seldom seem to be regarded as the masterminds behind
organized criminal activities involving the fishing industry or fishing vessels. It
is therefore unfortunate that fishers, rather than more centrally placed persons in the
criminal networks, are likely to be targeted when criminal activities involving fishing vessels
or the fishing industry are investigated and prosecuted, particularly in light of the possibility
that some of these fishers may be victims of human trafficking.
The study identified a number of vulnerabilities of the fishing industry to
transnational organized crime and other forms of criminal activities. The main
vulnerabilities identified are as follows:
1. The global reach of fishing vessels, easy access to surplus fishing vessels due to
fishing quota restrictions, the legitimate presence of fishing vessels at sea, and the
distribution network for fish and fish products create opportunity and legitimate
cover for criminal activities.
2. There is a general lack of governance and rule of law in the fishing industry, in
particular there is
a) a lack of at-sea surveillance of vessel movements and transhipments. Compared
to merchant vessels there is no comprehensive and transparent system of fishing
vessel tracking or monitoring of their interaction with other vessels at sea;
b) a lack of transparency of the identity of the beneficial ownership of fishing
vessels and a lack of international records of fishing vessels’ identity and history;
c) a lack of ability or willingness of some flag States to enforce their criminal law
jurisdiction; and
d) a lack of international endorsement of existing international regulation of the
safety of fishing vessels and working conditions of fishers at sea to bring these
instruments into force and ensure compliance in port in the same manner as
Port State Control (PSC) of merchant vessels.
3. Quota restrictions and declining fish stocks in many regions of the world have led to
destitute fishers and fishing communities deprived of livelihoods and an important
food source. The socio-economic conditions brought about by overfishing may make
fishers and fishing communities vulnerable to recruitment into criminal activities.
4. Social acceptance may facilitate some forms of criminal activities in the fishing
industry, such as trafficking of children or marine living resource crimes.
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