Australian and New Zealand Maritime Law Journal

2007: Conference Proceedings
Articles

Caught - hook, line and sinker: the prosecution of fish poachers in Australian waters

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  • Troy Anderson

Published 2007-09-27

Keywords

  • maritime law enforcement,
  • illegal fishing,
  • illegal foreign fishing,
  • foreign fishing boat,
  • Fisheries Management Act 1991 (Cth),
  • forfeiture,
  • UNCLOS 1982,
  • public international law,
  • criminal sanctions,
  • criminal liability,
  • Australian fishing zone,
  • territorial sea,
  • continental shelf,
  • exclusive economic zone,
  • contiguous zone,
  • high seas,
  • freedom of navigation,
  • resisting arrest,
  • incarceration,
  • International Tribunal for the Law of the Sea,
  • boarding of vessel,
  • right of innocent passage
    • ...More
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Abstract

In this paper, Anderson briefly reviews the Commonwealth's approach to the arrest and prosecution of people charged with offences relating to the use of foreign fishing vessels in Australian waters. In particular, Anderson reviews the Commonwealth's action with respect to a) the imprisonment of foreign crew found guilty of offences pursuant to the Fisheries Management Act 1991 (Cth), and b) the reliance on the domestic forfeiture provisions of the Act to justify the boarding and detaining of a foreign ship and crew on the high seas.

These actions are reviewed in light of Australia's treaty obligations pursuant to UNCLOS 1982.

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