RISE

Distant Water Fishing

“Distant water fishing is a lesser-known, lesser-scrutinized area by brands, investors, and consumers, and yet it engenders human rights risks across major global supply chains.” — Institute for Human Rights and Business, “Distant Water Fishing Fleets – Preventing Forced Labour and Trafficking” meeting report.

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Distant Water Fishing (DWF) refers to the work of fleets to source fish outside their own countries’ exclusive economic zones (EEZs). They often travel long distances and spend long periods at sea. DWF allows countries to catch different species or more fish than are typically found within their own EEZs. Historical data shows tuna to be the primary seafood group caught by DWFs, followed by mackerel, sardines, and cod.

Distant water fishing is regulated, in part, by regional fisheries management organizations (RFMOs). RFMOs are established by international agreements focused on regulating commercially valuable fish stocks and are made up of coastal states and DWF nations that fish for specific, often highly migratory, species, such as tuna. RFMO regulation and enforcement vary by region and require consensus of member states, which can slow decision-making. Some areas still lack RFMO presence, including the Arctic and Central and Southwest Atlantic. Regulation of fishing in the open ocean is left to the discretion of the vessel’s flag state.

Distant Water Fishing and Human Rights

The distance and time at sea in DWF make human rights due diligence challenging, especially in three areas:

  • Fishing practices: Illegal or destructive fishing practices target vulnerable species and contribute to declining fish stocks. Review the Illegal, Unreported, and Unregulated Fishing special topic for more information on how these practices typically impact human rights.
  • Supply chain transparency and oversight: DWF fleets are complex and often lack supply chain transparency, which includes limited traceability, shell companies that obscure true ownership, and vessels that may be registered to different flags of convenience.
  • Monitoring and enforcement: Authorities struggle to monitor and enforce laws on the high seas because of the remote nature of fishing and the enforcement capabilities of a vessel’s flag state. Workers may spend long periods at sea, unable to request support from advocates or authorities, which increases their vulnerability to human rights and labor abuse. Even if illegal activities are detected, they may not be corrected because cross-border litigation and prosecution can be difficult to impossible.

At-sea transshipment, the practice of transferring fish and other supplies from vessels that catch fish to cargo vessels outside the port area, exacerbates the risks associated with DWF. When vessels transfer catch at sea instead of coming into port, time spent at sea may extend from multiple months into years, furthering risks to workers. And unreported transshipped catch contributes to illegal, unreported, or unregulated fishing in seafood supply chains.

Workers on vessels, particularly DWF fleets, face difficult and dangerous labor conditions due to the at-sea location and nature of the work. The ability to access timely grievance mechanisms, organize to improve their own living and working conditions, and switch jobs are all made more complicated when working on a vessel far out at sea. Because this dynamic  can more easily lead to human trafficking and forced labor, prioritize these three areas as you engage across your supply chain:

  • Grievance access: Long stints at sea and limited communications to friends, family, and organizations on land can mean that workers cannot access timely grievance mechanisms. Limited access to wifi and other means of communication delay or make proper addressing of grievances difficult.
  • Two-tier work permit systems: Two-tiered work permit systems, in which national fishers receive more protections than migrant fishers on a vessel, can contribute to exploitation of migrant workers. Countries using two-tier permit systems include Taiwan, South Korea, and the U.S.
  • Safety on vessels: Already hazardous conditions at sea can be made even more dangerous without properly constructed vessels. Workers also may face exhaustion and impairment due to their inability to leave the worksite, and therefore, long or unpredictable hours.

Improving Human Rights in DWF Fleets

Human rights due diligence in distant water fishing demands collaboration because of the distances, competing jurisdictions, and international law involved. Information on how to effectively collaborate with international organizations, governments, NGOs, and multi-stakeholder organizations can be found in the Engage step of the RISE Roadmap. Here are four areas to consider for effective oversight of DWF:

  • Transshipments: Conduct at-sea transshipments in ways that enable monitoring, oversight, and data collection by relevant authorities. The NGO Tuna Forum has developed best practices for at-sea transshipment. These include: Prohibit vessels from acting as both a fishing vessel and carrier vessel on the same trip. Require all carrier vessels to be flagged to the relevant RFMO member. And require that vessels have an International Maritime Organization number in order to be authorized to transship. 
  • Wifi and Connectivity: Require the provision of free, accessible, and mandatory onboard Wi‑Fi for ships while at sea. Onboard Wi‑Fi is a basic enabler of fundamental labor rights, especially for freedom of association, the ability to communicate with unions or advocates, file grievances in real time, and access external assistance (including medical care) while at sea. Review existing model guidelines for guidance on how to implement mandatory wi-fi in your supply chain.
  • Time spent at sea: Adopt a health-and-safety oriented policy on rest hours. International guidelines for maritime operations set maximum hours of work at 14 hours in any 24-hour period or 72 hours in a seven-day period. Seafarers are entitled to annual leave and should not spend more than 11 months at sea without repatriation to their own country or a country where they have a substantial connection. While this ILO/IMO guidance only applies ot seafarers, you should also apply these guidelines to fishers and seafood workers. Advocacy organizations and some companies have set shorter limits on the maximum time spent at sea, with Greenpeace advocating for three months and Thai Union committing to nine months. Long times spent at sea without repatriation increase risks, including, organizing rights, grievance rights, and health & safety. Greenpeace also states that crew should have unfettered access to port services for a minimum of 10 consecutive days. Ideally, time at sea is agreed upon with a worker representative organization, union, or local civil society organization that represents workers.
  • Port inspections: Source seafood from vessels subject to effective port state labor inspections, especially inspections related to the requirements of the Port State Measures Agreement or the Work in Fishing Convention.

You can support worker welfare on DWF vessels by starting with these aspects:

  • Food and medical care: Ensure all fishers receive, at no cost, food and water of sufficient quality and quantity for good health. Support the establishment of a designated hospital boat scheme.
  • Safety at sea: Operate and/or purchase fish only from vessels in strict compliance with the safety provisions and standards of the 2012 Cape Town Agreement.
  • Equality and nondiscrimination: Guarantee that all migrant fishers are treated the same as national fishers, regardless of the applicable law in the flag state. Migrant fishers in DWF fleets must be paid at least the national minimum wage and provided with equivalent social protections, even if the flag state excludes them from coverage.

You should also build a comprehensive human rights due diligence program. See the RISE Roadmap and RISE Decent Work at Sea for step-by-step guidance.