Coastal state fisheries management: a review of Australian enforcement action in the Heard and McDonald Islands Australian Fishing Zone

Article

Baird, Rachel. 2004. "Coastal state fisheries management: a review of Australian enforcement action in the Heard and McDonald Islands Australian Fishing Zone ." Deakin Law Review. 9 (1), pp. 91-118.
Article Title

Coastal state fisheries management: a review of Australian enforcement action in the Heard and McDonald Islands Australian Fishing Zone

ERA Journal ID33243
Article CategoryArticle
Authors
AuthorBaird, Rachel
Journal TitleDeakin Law Review
Journal Citation9 (1), pp. 91-118
Number of Pages28
Year2004
Place of PublicationWaurn Ponds, Victoria, Australia
ISSN1321-3660
1835-9264
Web Address (URL)http://www.austlii.edu.au/au/journals/DeakinLRev/2004/4.html
Abstract

This paper discusses Australian surveillance and enforcement policy for the Heard and McDonald Islands AFZ, reviews the arrests and subsequent prosecutions of crew members under domestic law, and finally discusses options for enhancing the future management of the fishery.

It is first necessary, however, to overview the threat posed by illegal, unreported or unregulated fishing (IUU fishing) in the Southern Ocean and examine the target species. The Australian response through the formal enforcement policy is then reviewed together with an analysis of the discernible shift in IUU fishing practices. Following that appears an outline of the arrests to date and a review of the application of domestic fisheries legislation. This article then concludes with an examination for future policy development in the management of the Heard and McDonald Islands fishery.

Keywordsfisheries management; illegal, unreported or unregulated fishing; surveillance and enforcement policy
ANZSRC Field of Research 2020480299. Environmental and resources law not elsewhere classified
300505. Fisheries management
Public Notes

Files associated with this item cannot be displayed due to copyright restrictions.

Byline AffiliationsDeakin University
Permalink -

https://research.usq.edu.au/item/9zqx4/coastal-state-fisheries-management-a-review-of-australian-enforcement-action-in-the-heard-and-mcdonald-islands-australian-fishing-zone

Log in to edit
  • 1831
    total views
  • 7
    total downloads
  • 0
    views this month
  • 0
    downloads this month

Export as

Related outputs

A Dual Approach to Ocean Governance: The Cases of Zonal and Integrated Management in the International Law of the Sea by Yoshifumi Tanaka
Baird, Rachel. 2009. "A Dual Approach to Ocean Governance: The Cases of Zonal and Integrated Management in the International Law of the Sea by Yoshifumi Tanaka." Melbourne Journal of International Law. 10 (1).
Transnational security issues in the Asia Pacific: fisheries and piracy
Baird, Rachel. 2010. "Transnational security issues in the Asia Pacific: fisheries and piracy." 2nd Annual Dialogue Forum of the Sino-Australian Joint Research Program: Collaboration and Governance in the Asia Pacific. Brisbane, Australia 21 - 23 Jul 2010 Brisbane, Australia.
The development of a comprehensive global record for fishing vessels, refrigerated transport vessels and supply vessels: an analysis of the practice of regional fisheries bodies
Baird, Rachel. 2008. The development of a comprehensive global record for fishing vessels, refrigerated transport vessels and supply vessels: an analysis of the practice of regional fisheries bodies. Rome, Italy. United Nations, Food and Agriculture Organization.
International institutional arrangements influencing Australian integrated coastal management
Fearon, Rob, Wulf, Peter and Baird, Rachel. 2006. "International institutional arrangements influencing Australian integrated coastal management." Lazarow, Neil, Souter, Regina, Fearon, Rob and Dovers, Steve (ed.) Coastal management in Australia: key institutional and governance Issues for coastal natural resource management and planning . Indooroopilly, Australia. Cooperative Research Centre for Coastal Zone, Estuary and Waterway Management (Coastal CRC). pp. 19-29
One fish, two fish, IUU and no fish: unreported fishing worldwide
Metuzals, Kaija, Baird, Rachel, Pitcher, Tony, Sumaila, U. Rashid and Ganapathiraju, Pramod. 2010. "One fish, two fish, IUU and no fish: unreported fishing worldwide." Grafton, R. Quentin, Hilborn, Ray, Squires, Dale, Tait, Maree and Williams, Meryl J. (ed.) Handbook of marine fisheries conservation and management. Oxford, United Kingdom. Oxford University Press. pp. 165-181
Arrests in a cold climate - a tale of hot pursuit and other adventures on the Southern Ocean
Baird, Rachel. 2007. "Arrests in a cold climate - a tale of hot pursuit and other adventures on the Southern Ocean." Antarctic and Southern Ocean Law and Policy Occasional Papers. Paper 11 (Special edition), pp. 1-37.
CCAMLR initiatives to counter flag state non-enforcement in Southern Ocean fisheries
Baird, Rachel. 2005. "CCAMLR initiatives to counter flag state non-enforcement in Southern Ocean fisheries." Victoria University of Wellington Law Review. 36 (4), pp. 733-755.
Australian government imposes custodial sentence for illegal foreign fishers
Baird, Rachel. 2006. "Australian government imposes custodial sentence for illegal foreign fishers." Environmental and Planning Law Journal. 23 (4), pp. 253-259.
Aspects of illegal, unreported and regulated fishing in the Southern Ocean
Baird, Rachel. 2006. Aspects of illegal, unreported and regulated fishing in the Southern Ocean. Dordrecht . Springer.
World Heritage listing marine sites: a case study of the Australian Great Barrier Reef
Baird, Rachel. 2007. "World Heritage listing marine sites: a case study of the Australian Great Barrier Reef." Revue Juridique de l'Environnement.
Testing the waters: fine tuning the provisions of the Fisheries Management Act 1991 (Cth) applicable to foreign fishing boats
Baird, Rachel. 2004. "Testing the waters: fine tuning the provisions of the Fisheries Management Act 1991 (Cth) applicable to foreign fishing boats." University of Western Australia Law Review. 32 (1), pp. 63-82.
After 60 years - the United Nations and international legal order
Bantz, Vincent P., Baird, Rachel and Cassimatis, Anthony E.. 2006. "After 60 years - the United Nations and international legal order." University of Queensland Law Journal. 24 (2), pp. 259-278.
The trouble with foreign fishing vessels and their crew: is a vessel in the hand really worth two in the sea?
Baird, Rachel. 2006. "The trouble with foreign fishing vessels and their crew: is a vessel in the hand really worth two in the sea?" Public Law Review. 17 (4), pp. 253-256.
Corporate criminals and their involvement in IUU fishing: an Australian perspective
Baird, Rachel. 2005. "Corporate criminals and their involvement in IUU fishing: an Australian perspective." International Fisheries Law and Policy Review. 1 (3), pp. 170-187.
Illegal, unreported and unregulated fishing: an analysis of the legal, economic and historical factors relevant to its development and persistence
Baird, Rachel. 2004. "Illegal, unreported and unregulated fishing: an analysis of the legal, economic and historical factors relevant to its development and persistence." Melbourne Journal of International Law. 5 (2), pp. 299-334.
Arresting climate change through incremental steps: Massachusetts v Environmental Protection Agency
Baird, Rachel. 2007. "Arresting climate change through incremental steps: Massachusetts v Environmental Protection Agency." Environmental and Planning Law Journal. 24 (4), pp. 245-249.
Foreign fisheries enforcement: do not pass go, proceed slowly to jail - is Australia playing by the rules?
Baird, Rachel. 2007. "Foreign fisheries enforcement: do not pass go, proceed slowly to jail - is Australia playing by the rules?" University of New South Wales Law Journal. 30 (1), pp. 1-11.
Australia's response to illegal foreign fishing: a case of winning the battle but losing the law
Baird, Rachel. 2008. "Australia's response to illegal foreign fishing: a case of winning the battle but losing the law." International Journal of Marine and Coastal Law. 23 (1), pp. 95-124. https://doi.org/10.1163/092735208X272292
Public interest litigation and the Environment Protection and Biodiversity Conservation Act
Baird, Rachel. 2008. "Public interest litigation and the Environment Protection and Biodiversity Conservation Act." Environmental and Planning Law Journal. 25 (6), pp. 410-424.
Ocean acidification: a litmus test for international law
Baird, Rachel, Stephens, Tim and Simons, Meredith. 2009. "Ocean acidification: a litmus test for international law." Climate and Carbon Law Review.
Arrests in a cold climate (Part 2) - shaping hot pursuit through state practice
Baird, Rachel. 2009. "Arrests in a cold climate (Part 2) - shaping hot pursuit through state practice." Antarctic and Southern Ocean Law and Policy Occasional Papers. 13, pp. 1-21.
The Antarctic Treaty system and Japan's scientific whaling in the Southern Ocean - is there an obligation to protect the Antarctic marine ecosystem?
Baird, Rachel. 2008. "The Antarctic Treaty system and Japan's scientific whaling in the Southern Ocean - is there an obligation to protect the Antarctic marine ecosystem?" Asia Pacific Journal of Environmental Law. 11 (3-4), pp. 193-206.
They said they'd never win: Humane Society International Inc v Kyodo Senpaku Kaisha Ltd
Baird, Rachel and Le Feuvre, Chantal. 2008. "They said they'd never win: Humane Society International Inc v Kyodo Senpaku Kaisha Ltd ." Asia Pacific Journal of Environmental Law. 11 (3-4), pp. 147-158.