Page 239 - 《水产学报》2025年第8期

何妤如 水产学报, 2025, 49(8): 089319

dynamic restructuring across different scales developing coastal States in the IOTC Convention
through multi-tiered cooperation, which manifests Area are more concerned with the regulations of
in three primary dimensions: ① Downscaling artisanal fisheries, improved data sharing, and
engagement with scientific and environmental bod- enhanced capacity building, while the WCPFC fo-
ies (e.g., the WCPFC delegating stock assessments cuses more on the effective monitoring and control
to the SPC); ② horizontal collaboration among of large industrial distant-water fleets, and the pro-
regional organizations through both formal mechan- vision of technical support to smaller operators.
isms (e.g., Memorandum of Understanding, joint This shows how scalar power dynamics simultaneo-
working groups) and informal networks (e.g., data- usly enable and constrain cooperative governance.
sharing arrangements, workshops), particularly in Existing regional fisheries management syste-
CMM coordination, observer programs, and cli- ms face pressures from both bottom-up domestic
mate change adaptation; ③ upscaling alignment actions and top-down global influences, with West-
with global governance frameworks, notably ern powers like the U.S. pursuing bottom-up juris-
through technical linkages with FAO, the Interna- dictional extensions through measures such as the
tional Maritime Organization (IMO), and the Inter- 1995 High Seas Driftnet Fishing Moratorium Act,
national Labor Organization (ILO) concerning which authorizes the federal government to identify
issues like fishing gears, maritime safety, and labor and report to Congress foreign nations engaged in
standards on fishing vessels. Besides, divergent IUU fishing, bycatch of protected marine species, or
regional interests shape the priorities and modalit- unregulated shark fishing on the high seas, without
ies of cooperation, while internal power structures regulatory measures comparable to those of the U.S.
within RFMOs influence the scale where coopera- According to Report to Congress on Improving
tion is structured. International Fisheries Management, port denials
A prime example is the coordination of and trade sanctions are imposed in an attempt to
regional responses to combat IUU fishing. RFMOs extensively regulate and sanction IUU fishing bey-
increasingly recognize the transboundary nature of ond U.S. jurisdiction. Such extraterritorial approach
IUU fishing activities where “true beneficiaries” constitutes a “scale jump”, which is not fully con-
shift across jurisdictions. This has prompted a need sistent with fundamental international law princi-
for coordinated action through the sharing of IUU ples of territoriality, flag State jurisdiction, and mul-
vessel lists, monitoring data, and catch documenta- tilateral cooperation, nor aligns with the multilat-
tion schemes. Among the thirteen RFMOs that have eral cooperation and dispute resolution principles
established IUU vessel lists, four main modes of underpinning RFMOs. Complementing these dome-
mutual recognition exist: ① automatic full or par- stic sanctions, the U.S. also seeks to extend its reach
tial mutual recognition of vessel/organization lists through the Shiprider Program, securing enforce-
(SPRFMO, NEAFC); ② conditional recognition in ment privileges including boarding and inspection
the absence of objection by contracting parties rights within the WCPFC Convention Areas on
(CCSBT, GFCM, ICCAT, NAFO, SEAFO, behalf of the Pacific SIDs. The EU trade pressure
SIOFA); ③ list circulation among members without on “uncooperative third countries” also attempts to
mutual recognition (IATTC, NPFC); ④ no provi- rescale the existing regional order. On the other side
[37]
sion for mutual recognition (WCPFC, CCAMLR) . of the spectrum, top-down global pressures primar-
These mechanisms differ not only in terms of recog- ily stem from the emerging global regimes like the
nition scope and scale but also in the degree of BBNJ Agreement, which introduce stricter environ-
enforcement. In practice, regulatory cooperation mental assessments and conservation measures for
also reflects regional disparities. For instance, high seas MPAs that potentially constrain sustain-

中国水产学会主办 sponsored by China Society of Fisheries https://www.china-fishery.cn
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