Sanctioned but unpunished: impunity and recidivism in shellfish poaching in Galicia (North West Spain)

Abstract

This article examines the persistence of impunity in shellfish poaching in Galicia (northwest Spain), focusing on the limitations of the formal sanctioning system. Based on an analysis of official infraction records from 2012 to 2020, the study identifies a recurrent group of offenders who manage to avoid punishment through the strategic use of economic insolvency, thereby achieving legal impunity. Despite receiving multiple sanctions, these individuals remain largely unaffected by the deterrent effects of monetary fines, which weakens the coercive capacity of the current enforcement model. The findings highlight the inadequacy of purely punitive approaches to addressing repeat offenses, as well as systemic failures that enable the continued reproduction of illegal practices without real consequences. From a theoretical standpoint, the study advocates for a dual strategy: combining effective coercive measures, such as the introduction of criminal penalties for repeat offenders, with public policies aimed at reducing social exclusion and creating viable economic alternatives. By exposing governance failures linked to the formal sanctioning system, this research contributes to broader debates on compliance and institutional legitimacy in small-scale fisheries (SSF), and underscores the need for integrated strategies that take into account the social and economic realities of local coastal communities.

Keywords: shellfish poaching, impunity, recidivism, fisheries enforcement, small-scale fisheries governance

How to Cite: