Arrests in a cold climate - a tale of hot pursuit and other adventures on the Southern Ocean

Abstract

Illegal fishing is a significant and actual threat to Australia's maritime resources. Attention is currently focussed on the northern Australian Fishing Zone (AFZ), with apprehensions of illegal foreign fishing vessels being reported in late September 2006, at the rate of one per day. However, there have been a number of high profile arrests in the Southern Ocean in past years and a study of the conduct of the arrests, and the post arrest proceedings, highlights a number of interesting international and domestic legal issues. <> Before addressing each of the arrests in detail, it is necessary to discuss briefly the legal status of the seas offshore from the Heard and McDonald Islands and relevant aspects of domestic fisheries law. This will be followed by background material on the development of the Patagonian Toothfish fishery and a brief outline of the surveillance program for the Heard and McDonald Islands' fishery. Following the indiviual rview of arrests, the common issues identified in the examination of enforcement action will then be discussed in the context of opportunities for improving international, regional and domestic fisheries management.