2006: Conference Proceedings
Conference Presentations

Illegal Fishing: Criminal Enforcement vs Administrative Regime

Published 2006-09-27

Keywords

  • criminal sanctions,
  • illegal fishing,
  • regulatory breach,
  • criminal liability,
  • fisheries,
  • Fisheries Act 1996 (NZ),
  • Quota Management System,
  • criminal investigation,
  • catch reporting,
  • administrative penalty,
  • vessel seizure
  • ...More
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Abstract

This paper contains the slides for Logan's presentation about illegal fishing, which was ghost-written by Michael Sullivan. Rather than focusing on IUU fishing, Logan notes that much of the offending and prosecutions around fishing relates to minor breaches of regulatory provisions. These breaches are dealt with under the criminal regime. Logan considers whether this criminal regime is appropriate and whether an administrated based regime (like that in the US and Canada) should be adopted instead, taking into account recent prosecutions which highlight the flaws in a purely criminal model when prosecutions are taken for regulatory offending.