Rachel Baird 
Aspects of Illegal, Unreported and Unregulated Fishing in the Southern Ocean 

IUU ? shing, the elements of which are discussed in detail further below in this Part, hinders the sustainable management of marine ? sheries world wide. Southern Ocean ? sheries and in particular the Patagonian Tooth? sh, have been targeted by IUU ? shers. The text examines the response to the persistent problem of IUU ? shing in 1 the Southern Ocean, by CCAMLR, as the appropriate RFMO, and Australia, a State with vested interests in the Southern Ocean by virtue of the Heard and Mc Donald Islands’ EEZ. This examination represents original work not only in the context of 2 Southern Ocean ? sheries but in the consideration of the linkages between regional and national measures to deter IUU ? shing. Faced with continued ? ag State inaction, both the CCAMLR Commission and Australia have identi? ed and applied a number of measures to deter IUU ? shing. These measures are examined in Parts 4 and 5 respectively. Indeed, the lack of ? ag State enforcement and the development and persistence of IUU ? shing are inextricably linked, a fact that will be pursued in depth in Part 2 along with the other factors identi? ed as contributing to the development of IUU ? shing.

Table of Content

The Problem of IUU Fishing.- The Impact of IUU Fishing on Marine Fisheries.- Factors Contributing to the Development and Persistence of IUU Fishing.- Legal Factors Contributing to the Development of IUU Fishing.- Economic and Political Factors infl uencing the development and practice of High Seas Fisheries and the emergence of IUU Fishing.- International Measures.- International Law Applicable to IUU Fishing.- Regional Measures: CCAMLR.- CCAMLR Management in the Southern Ocean.- The CCAMLR Response to IUU Fishing.- National Measures: Australia.- The Management of Commonwealth Fisheries.- Australia’s Response to IUU Fishing.- Conclusion.- Measures to deter IUU Fishing in the Southern Ocean in the Absence of Flag State Control.