Implementation of IPOA/IUU - International MCS Network

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97fish on board, with due regard to confidentiality requirements, in order toascertain whether the vessel may have engaged in, or supported, IUU fishing.56. Where a port State has clear evidence that a vessel having beengranted access to its ports has engaged in IUU fishing activity, the port Stateshould not allow the vessel to land or transship fish in its ports, and should reportthe matter to the flag State of the vessel.57. States should publicize ports to which foreign flagged vessels may bepermitted admission and should ensure that these ports have the capacity toconduct inspections.58. In the exercise of their right to inspect fishing vessels, port Statesshould collect the following information and remit it to the flag State and, whereappropriate, the relevant regional fisheries management organization:58.1 the flag State of the vessel and identification details;58.2 name, nationality, and qualifications of the master and the fishingmaster;58.3 fishing gear;58.4 catch on board, including origin, species, form, and quantity;58.5 where appropriate, other information required by relevant regionalfisheries management organizations or other international agreements; and58.6 total landed and transshipped catch.59. If, in the course of an inspection, it is found that there are reasonablegrounds to suspect that the vessel has engaged in or supported IUU fishing inareas beyond the jurisdiction of the port State, the port State should, in additionto any other actions it may take consistent with international law, immediatelyreport the matter to the flag State of the vessel and, where appropriate, therelevant coastal States and regional fisheries management organization. The portState may take other action with the consent of, or upon the request of, the flagState.60. In applying paragraphs 58 and 59, States should safeguard theconfidentiality of information collected, in accordance with their national laws.61. States should establish and publicize a national strategy andprocedures for port State control of vessels involved in fishing and relatedactivities, including training, technical support, qualification requirements and
98general operating guidelines for port State control officers. States should alsoconsider capacity-building needs in the development and implementation of thisstrategy.62. States should cooperate, as appropriate, bilaterally, multilaterally andwithin relevant regional fisheries management organizations, to developcompatible measures for port State control of fishing vessels. Such measuresshould deal with the information to be collected by port States, procedures forinformation collection, and measures for dealing with suspected infringementsby the vessel of measures adopted under these national, regional or internationalsystems.63. States should consider developing within relevant regional fisheriesmanagement organizations port State measures building on the presumption thatfishing vessels entitled to fly the flag of States not parties to a regional fisheriesmanagement organization and which have not agreed to cooperate with thatregional fisheries management organization, which are identified as beingengaged in fishing activities in the area of that particular organization, may beengaging in IUU fishing. Such port State measures may prohibit landings andtransshipment of catch unless the identified vessel can establish that the catchwas taken in a manner consistent with those conservation and managementmeasures. The identification of the vessels by the regional fisheries managementorganization should be made through agreed procedures in a fair, transparent andnon-discriminatory manner.64. States should enhance cooperation, including by the flow of relevantinformation, among and between relevant regional fisheries managementorganizations and States on port State controls.INTERNATIONALLY AGREED MARKET–RELATED MEASURES65. The measures in paragraphs 66 to 76 are to be implemented in amanner which recognizes the right of States to trade in fish and fishery productsharvested in a sustainable manner and should be interpreted and applied inaccordance with the principles, rights and obligations established in the WorldTrade Organisation, and implemented in a fair, transparent and nondiscriminatorymanner.66. States should take all steps necessary, consistent with internationallaw, to prevent fish caught by vessels identified by the relevant regional fisheriesmanagement organization to have been engaged in IUU fishing being traded orimported into their territories. The identification of the vessels by the regionalfisheries management organization should be made through agreed procedures ina fair, transparent and non-discriminatory manner. Trade-related measuresshould be adopted and implemented in accordance with international law,including principles, rights and obligations established in WTO Agreements, and
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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
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38transshipment at sea is prohibite
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40supported IUU fishing. For exampl
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42Japan prohibits port calls by tun
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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 and 100: 86to the Conservation and Managemen
Page 101 and 102: National Legislation88Legislation16
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: 9651.2 cooperation and exchange of
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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Implementation of IPOA/IUU - International MCS Network

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