公海漁業資源之管理問題與其對策：以權宜漁船與IUU漁業為中心

Abstract

長期以來人類對於海洋生物資源的過度開發導致許多漁業資源日漸減少，甚至有瀕臨絕種之處。因而為了實現漁業資源的永續開發，國際社會企圖從漁船的管理與海上漁業活動的規能兩方面著手建立有效的管理取締體系。本稱在於檢討公海漁業管理上船旗國所扮演之角色與功能，主要以探討權宜船管理與「非法、未報告、未受規範漁業(Illegal, Unreported and Unregulated Fishing, IUU Fishing)」之關係作為論述重點，並且進一步從強化船旗國義務的觀點，析論相關規範之有效性與可能對策。

It is often mentioned that some fish stocks have been perched on the edge of extinction because of over-fishing and the lack of effective measures of fisheries management and conservation. In order to enable a sustainable development of fishery resources, international community tries to establish various management and enforcement measures against illegal fishing activities at seas. However, the effectiveness of some of these measures is frequently questioned and criticized such that nowadays the fishery issues and their countermeasures or policies havnig to be reviewed and redefined more clearly. Specifically, this paper aims to discuss the role of (lag state on the high seas fishery management and conservation, and to illustrate and analyze the relationship between flag of convenience and the so-called IUU fishing (Illegal, Unreported and Unregulated fishing). Based on the perspectives on duties and obligations of flag states fishing vessels, the paper examines the effectiveness of high seas fishery management and discusses possible measures that may deter IUU fishing on high seas.