Implementation of IPOA/IUU - International MCS Network

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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.
1126. Information regarding such sightings shall be transmitted to the NAFOSecretariat. The NAFO Secretariat will then transmit this information to all NAFOContracting Parties within one business day of receiving this information, and to theflag-State of the sighted vessel as soon as possible.7. The NAFO Contracting Party which sighted the Non-Contracting Partyvessel will attempt to inform such a vessel that it has been sighted engaging infishing activities and is accordingly presumed to be undermining the NAFOConservation and Enforcement Measures, and that this information will bedistributed to all NAFO Contracting Parties and to the flag-State of the vessel.8. In the event that any Non-Contracting Party vessel, which has been sightedand reported as engaged in fishing activities in the NAFO Regulatory Area, consentsto be boarded by NAFO inspectors, the findings of the NAFO inspectors shall betransmitted to the NAFO Secretariat. The NAFO Secretariat will transmit thisinformation to all NAFO Contracting Parties within one business day of receivingthis information, and to the flag-State of the boarded vessel as soon as possible. TheNon-Contracting Party vessel which is boarded shall be provided with a copy of thefindings of the NAFO inspectors.9. When a Non-Contracting Party vessel referred to in paragraph 5 enters aport of any NAFO Contracting Party, it shall be inspected by authorized ContractingParty officials knowledgeable in the NAFO Conservation and Enforcement Measuresand this Scheme, and shall not land or transship any fish until this inspection hastaken place. Such inspections shall include the vessel's documents, log books, fishinggear, catch on board and any other matter relating to the vessel's activities in theNAFO Regulatory Area.10. Landings and transshipments of all fish from a Non-Contracting Partyvessel, which has been inspected pursuant to paragraph 9, shall be prohibited in allContracting Party ports, if such inspection reveals that the vessel has onboard:(i) species listed in Annex A, unless the vessel establishes that the fish werecaught outside the NAFO Regulatory Area; or(ii) other species listed in Annex B, unless the vessel establishes that it hasapplied the NAFO Conservation and Enforcement Measures.
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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
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46discussed in Section 7 of these g
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48products harvested through IUU fi
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50products. On the basis of that da
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52question, while the latter only c
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54States can also combat IUU fishin
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56RFMOs engage in IUU fishing. No s
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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 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: 110• Compliance with other aspect
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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