Fisheries law enforcement, from investigation to judgement, continues to be an expensive and lengthy process in many jurisdictions. Many countries - particularly developing countries - experience such a significant backlog of pending trials for conventional criminal offences that dealing with fisheries offences is not a priority. This study suggests considering the use of administrative sanctions as a direct response to the problem and examines the administrative systems for dealing with fisheries offences in a diverse range of countries from different legal systems. It is intended to assist states in identifying the issues they need to take into account when considering the adoption of such a scheme. It is expected that the study will be especially valuable to developing states seeking to adopt a cost effective means of dealing with illegal, unreported and unregulated fishing, but which nonetheless wish to ensure that the basic individual rights of the accused are protected.
Fisheries law enforcement, from investigation to judgement, continues to be an expensive and lengthy process in many jurisdictions. Many countries - particularly developing countries - experience such a significant backlog of pending trials for conventional criminal offences that dealing with fisheries offences is not a priority. This study suggests considering the use of administrative sanctions as a direct response to the problem and examines the administrative systems for dealing with fisheries offences in a diverse range of countries from different legal systems. It is intended to assist states in identifying the issues they need to take into account when considering the adoption of such a scheme. It is expected that the study will be especially valuable to developing states seeking to adopt a cost effective means of dealing with illegal, unreported and unregulated fishing, but which nonetheless wish to ensure that the basic individual rights of the accused are protected.
The basis of this How-to Guide is the identification of key minimum components for legislating for EAF (17 components that should be included in sector-specific legislation), the operationalization of those key components into concrete drafting steps, and the provision of relevant examples from national legislation, largely from Africa but also from other parts of the world. The review will also provide a synthesis of existing challenges and trends in legislating for EAF. In summary, the How-t o-Guide will assist managers by: • describing the component that should be reflected in legislation; • identifying the specific elements that need to considered in the drafting of legislation; • setting out answers to the questions posed as justification for the relevance or significance of the component; and • outlining the steps to take in drafting, with reference to examples that could provide inspiration.
One Easter, Caesar, the cock atop a weathervane in a small French village, comes down from his perch to see what life in the village is really like and experiences the tribulations of a common rooster
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