Implementation of IPOA/IUU - International MCS Network

xiii11. The Code is voluntary. However, certain parts of it are based on relevantrules of international law, as reflected in the United Nations Convention on theLaw of the Sea of 10 December 1982. The Code also contains provisions that maybe or have already been given binding effect by means of other obligatory legalinstruments amongst the Parties, such as the Agreement to Promote Compliancewith Conservation and Management Measures by Fishing Vessels on the HighSeas, 1993.12. The Twenty-eighth Session of the Conference in Resolution 4/95 adoptedthe Code of Conduct for Responsible Fisheries on 31 October 1995. The sameResolution requested FAO inter alia to elaborate as appropriate technicalguidelines in support of the implementation of the Code in collaboration withmembers and interested relevant organizations.13. Despite these achievements, the international community has experienceda growing incidence of fishing activity that does not respect applicable laws andregulations, including the standards set forth in these international instruments.Examples of such activity include reflagging of fishing vessels to evade controls,fishing in areas of national jurisdiction without authorization by the coastal State,failure to report (or misreporting) catches, etc. Such irresponsible fishing activitydirectly undermines efforts to manage marine fisheries properly and impedesprogress toward the goal of sustainable fisheries.14. The term “illegal, unreported and unregulated fishing” – or IUU fishing –has emerged to describe a wide range of such activity. As discussed more fullyherein, the FAO Committee on Fisheries decided in 1999 to elaborate anInternational Plan of Action to Prevent, Deter and Eliminate IUU fishing (IPOA-IUU). Over the course of the next two years, a significant effort unfolded, whichculminated in the adoption of the IPOA-IUU in 2001.15. The IPOA-IUU is conceived of as a “toolbox” – a set of tools for use indealing with IUU fishing in its various manifestations. Obviously, not all tools inthe toolbox are appropriate for use in all situations. These guidelines are intendedprimarily (1) to help familiarize FAO Members and others with the tools; (2) tosuggest which tools to use in particular circumstances; and (3) to provide guidanceon how to use the tools effectively.16. As a “toolbox,” the IPOA-IUU attempts to embrace all existing measuresthat have been shown to be useful in combating IUU fishing, including new andemerging tools that at least some States are currently bound to apply. The IPOArecognizes that different States have different legal obligations at present. At thesame time, the design of the IPOA is flexible to allow the dynamic development ofinternational law and relevant obligations.