Implementation of IPOA/IUU - International MCS Network

111APPENDIX IIISCHEME TO PROMOTE COMPLIANCE BY NON-CONTRACTINGPARTY VESSELS WITH THE CONSERVATION AND ENFORCEMENTMEASURES ESTABLISHED BY NAFO 140In implementing this Scheme, the Contracting Parties acknowledge the rights, dutiesand obligations of States whose vessels fish on the high seas as expressed in theConvention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries,the 1982 United Nations Convention on the Law of the Sea, the Agreement for theImplementation of the Provisions of the United Nations Convention on the Law ofthe Sea of 10 December 1982 Relating to the Conservation and Management ofStraddling Fish Stocks and Highly Migratory Fish Stocks, the FAO Agreement toPromote Compliance with International Conservation and Management Measures byFishing Vessels on the High Seas and general principles of international law,particularly the duty to have due regard to established fisheries.1. The purpose of the Scheme is to ensure the effectiveness of theConservation and Enforcement Measures established by the organization.2. The term "fishing activities" means fishing, fish processing operations, thetransshipment of fish or fish products, and any other activity in preparation for orrelated to fishing in the NAFO Regulatory Area. The term "NAFO inspector" meansan inspector of the fishery control services of the Contracting Parties assigned to theNAFO Scheme of Joint International Inspection and Surveillance.3. Upon adoption of the Scheme, the NAFO Secretariat will give due publicityto the Scheme and to the NAFO Conservation and Enforcement Measures.4. The measures contained in the Scheme are directed at Non-ContractingParty vessels engaged in fishing activities in the NAFO Regulatory Area.5. A Non-Contracting Party vessel which has been sighted engaging in fishingactivities in the NAFO Regulatory Area is presumed to be undermining theeffectiveness of NAFO Conservation and Enforcement Measures. In the case of anytransshipment activities involving a sighted Non-Contracting Party vessel, inside oroutside the NAFO Regulatory Area, the presumption of undermining NAFOConservation and Enforcement Measures applies to any other Non-Contracting Partyvessel which has engaged in such activities with that vessel.140 NAFO/GC Doc. 97/6, adopted September 1977.