Implementation of IPOA/IUU - International MCS Network

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879.4 Conservation: Measures to prevent, deter and eliminate IUU fishingshould be consistent with the conservation and long-term sustainable use of fishstocks and the protection of the environment.9.5 Transparency: The IPOA should be implemented in a transparentmanner in accordance with Article 6.13 of the Code of Conduct.9.6 Non-discrimination: The IPOA should be developed and appliedwithout discrimination in form or in fact against any State or its fishing vessels.IV.IMPLEMENTATION OF MEASURES TO PREVENT, DETERAND ELIMINATE IUU FISHINGALL STATE RESPONSIBILITIESInternational Instruments10. States should give full effect to relevant norms of international law, inparticular as reflected in the 1982 UN Convention, in order to prevent, deter andeliminate IUU fishing.11. States are encouraged, as a matter of priority, to ratify, accept oraccede to, as appropriate, the 1982 UN Convention, the 1995 UN Fish StocksAgreement and the 1993 FAO Compliance Agreement. Those States that havenot ratified, accepted or acceded to these relevant international instrumentsshould not act in a manner inconsistent with these instruments.12. States should implement fully and effectively all relevant internationalfisheries instruments which they have ratified, accepted or acceded to.13. Nothing in the IPOA affects, or should be interpreted as affecting, therights and obligations of States under international law. Nothing in the IPOAaffects, or should be interpreted as affecting, the rights and obligations containedin the 1995 UN Fish Stocks Agreement and the 1993 FAO ComplianceAgreement, for States parties to those instruments.14. States should fully and effectively implement the Code of Conductand its associated International Plans of Action.15. States whose nationals fish on the high seas in fisheries not regulatedby a relevant regional fisheries management organization should fully implementtheir obligations under Part VII of the 1982 UN Convention to take measureswith respect to their nationals as may be necessary for the conservation of theliving resources of the high seas.
National Legislation88Legislation16. National legislation should address in an effective manner all aspectsof IUU fishing.17. National legislation should address, inter alia, evidentiary standardsand admissibility including, as appropriate, the use of electronic evidence andnew technologies.State Control over Nationals18. In the light of relevant provisions of the 1982 UN Convention, andwithout prejudice to the primary responsibility of the flag State on the high seas,each State should, to the greatest extent possible, take measures or cooperate toensure that nationals subject to their jurisdiction do not support or engage in IUUfishing. All States should cooperate to identify those nationals who are theoperators or beneficial owners of vessels involved in IUU fishing.19. States should discourage their nationals from flagging fishing vesselsunder the jurisdiction of a State that does not meet its flag State responsibilities.Vessels without Nationality20. States should take measures consistent with international law inrelation to vessels without nationality on the high seas involved in IUU fishing.Sanctions21. States should ensure that sanctions for IUU fishing by vessels and, tothe greatest extent possible, nationals under its jurisdiction are of sufficientseverity to effectively prevent, deter and eliminate IUU fishing and to depriveoffenders of the benefits accruing from such fishing. This may include theadoption of a civil sanction regime based on an administrative penalty scheme.States should ensure the consistent and transparent application of sanctions.Non Cooperating States22. All possible steps should be taken, consistent with international law,to prevent, deter and eliminate the activities of non-cooperating States to arelevant regional fisheries management organization which engage in IUUfishing.Economic Incentives23. States should, to the extent possible in their national law, avoidconferring economic support, including subsidies, to companies, vessels orpersons that are involved in IUU fishing.
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iiiPREPARATION OF THIS DOCUMENTThe
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vThe IPOA-IUU is voluntary. However
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viii6.2 Examples of some port State
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xiBACKGROUND1. From ancient times,
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xiii11. The Code is voluntary. Howe
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1. INTERNATIONAL PLAN OF ACTION - I
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3Since the late 1990s, a number of
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5(1) conducted by national or forei
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7flag States, coastal States and Po
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9In light of this, the very first
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11the vessels rarely if ever visit
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13For example, Japan requires its n
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15IUU fishing on the high seas. 27
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17end all forms of government econo
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19developing States, 36 have introd
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21If the vessel is fishing on the h
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23registering a vessel that has a h
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25RFMOs have a role to play in ensu
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27FAO, in turn, will make available
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29species can be caught, what gear
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31Flag States are also encouraged t
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33cases, fishing vessels registered
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35light of this, paragraph 51 of th
Page 51 and 52: 38transshipment at sea is prohibite
Page 53 and 54: 40supported IUU fishing. For exampl
Page 55 and 56: 42Japan prohibits port calls by tun
Page 57 and 58: 44of a NAFO member, it must be insp
Page 59 and 60: 46discussed in Section 7 of these g
Page 61 and 62: 48products harvested through IUU fi
Page 63 and 64: 50products. On the basis of that da
Page 65 and 66: 52question, while the latter only c
Page 67 and 68: 54States can also combat IUU fishin
Page 69 and 70: 56RFMOs engage in IUU fishing. No s
Page 71 and 72: 588.3 Possibilities for Further Act
Page 73 and 74: 60resolutions calling on those memb
Page 75 and 76: 62landings, port control, and inspe
Page 77 and 78: 648.3.8 Actions in Response to Rema
Page 79 and 80: 66As a result, IUU fishers often co
Page 81 and 82: 68A number of other developed State
Page 83 and 84: 702.4 Measures to control transport
Page 85 and 86: 10.3 Suggested Format for Reports t
Page 87 and 88: 74Flag States should closely contro
Page 89 and 90: 76A coastal State should consider r
Page 91 and 92: 78To assist States in implementing
Page 93 and 94: 12. LITERATURE CITED80Agnew, D.J. 2
Page 95 and 96: 82Greenpeace. 2001. Pirate Fishing:
Page 97 and 98: 84II. NATURE AND SCOPE OF IUU FISHI
Page 99: 86to the Conservation and Managemen
Page 103 and 104: 90National Plans of Action25. State
Page 105 and 106: 9236.2 having taken into account al
Page 107 and 108: 9446.3 the species, fishing gear au
Page 109 and 110: 9651.2 cooperation and exchange of
Page 111 and 112: 98general operating guidelines for
Page 113 and 114: 100and should consider measures to
Page 115 and 116: 10280.9 development of observer pro
Page 117 and 118: 10486.3 the strengthening of region
Page 119 and 120: 106Articles V, VI, and VII of the A
Page 121 and 122: 1084.2 To the greatest extent pract
Page 123 and 124: 110• Compliance with other aspect
Page 125 and 126: 1126. Information regarding such si
Page 127 and 128: 114Annex ACommon English Name Scien
Page 129 and 130: 1164. Parties shall consider and ac
Page 131 and 132: 118Committed to take steps, consist
Page 133 and 134: 1209. An export-validated Dissostic
Page 135: 122APPENDIX VIWEBSITES OF SELECTED
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