Implementation of IPOA/IUU - International MCS Network

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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.
xivACRONYMS1982 UNConvention1993 FAOComplianceAgreement1995 UN FishStocks AgreementCCAMLRCCSBTCode of ConductCOFIEEZFAOFFAGFCMIATTCIBSFCICCATIMOIOTCIPOAIPOA-IUUIUU FishingMCSNAFONEAFCNPAFCNPOANGORFMOVMSWTOUnited Nations Convention on the Law of the Sea of10 December 1982Agreement to Promote Compliance with InternationalConservation and Management Measures by FishingVessels on the High SeasAgreement for the Implementation of the United NationsConvention on the Law of the Sea of 10 December 1982relating to the Conservation and Management ofStraddling Fish Stocks and Highly Migratory Fish StocksCommission for the Conservation of Antarctic MarineLiving ResourcesCommission for the Conservation of Southern BluefinTunaFAO Code of Conduct for Responsible FisheriesFAO Committee on FisheriesExclusive economic zoneFood and Agriculture Organization of the United NationsSouth Pacific Forum Fisheries AgencyGeneral Fisheries Commission for the MediterraneanInter-American Tropical Tuna CommissionThe International Baltic Sea Fishery CommissionInternational Commission for the Conservation ofAtlantic TunasInternational Maritime OrganizationIndian Ocean Tuna CommissionInternational plan of actionInternational Plan of Action to Prevent, Deter andEliminate Illegal, Unreported and Unregulated FishingIllegal, unreported and unregulated fishingMonitoring, control and surveillanceNorthwest Atlantic Fisheries OrganizationNorth East Atlantic Fisheries CommissionNorth Pacific Anadromous Fish CommissionNational plan of actionNon-governmental organizationRegional fisheries management organizationVessel monitoring systemWorld Trade Organization
Page 4 and 5: iiiPREPARATION OF THIS DOCUMENTThe
Page 6 and 7: vThe IPOA-IUU is voluntary. However
Page 8 and 9: viii6.2 Examples of some port State
Page 10 and 11: xiBACKGROUND1. From ancient times,
Page 14 and 15: 1. INTERNATIONAL PLAN OF ACTION - I
Page 16 and 17: 3Since the late 1990s, a number of
Page 18 and 19: 5(1) conducted by national or forei
Page 20 and 21: 7flag States, coastal States and Po
Page 22 and 23: 9In light of this, the very first
Page 24 and 25: 11the vessels rarely if ever visit
Page 26 and 27: 13For example, Japan requires its n
Page 28 and 29: 15IUU fishing on the high seas. 27
Page 30 and 31: 17end all forms of government econo
Page 32 and 33: 19developing States, 36 have introd
Page 34 and 35: 21If the vessel is fishing on the h
Page 36 and 37: 23registering a vessel that has a h
Page 38 and 39: 25RFMOs have a role to play in ensu
Page 40 and 41: 27FAO, in turn, will make available
Page 42 and 43: 29species can be caught, what gear
Page 44 and 45: 31Flag States are also encouraged t
Page 46 and 47: 33cases, fishing vessels registered
Page 48: 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
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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
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60resolutions calling on those memb
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62landings, port control, and inspe
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648.3.8 Actions in Response to Rema
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66As a result, IUU fishers often co
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68A number of other developed State
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702.4 Measures to control transport
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10.3 Suggested Format for Reports t
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74Flag States should closely contro
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76A coastal State should consider r
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78To assist States in implementing
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12. LITERATURE CITED80Agnew, D.J. 2
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82Greenpeace. 2001. Pirate Fishing:
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84II. NATURE AND SCOPE OF IUU FISHI
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86to the Conservation and Managemen
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National Legislation88Legislation16
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90National Plans of Action25. State
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9236.2 having taken into account al
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9446.3 the species, fishing gear au
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9651.2 cooperation and exchange of
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98general operating guidelines for
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100and should consider measures to
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10280.9 development of observer pro
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10486.3 the strengthening of region
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106Articles V, VI, and VII of the A
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1084.2 To the greatest extent pract
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110• Compliance with other aspect
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1126. Information regarding such si
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114Annex ACommon English Name Scien
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1164. Parties shall consider and ac
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118Committed to take steps, consist
Page 133 and 134:
1209. An export-validated Dissostic
Page 135:
122APPENDIX VIWEBSITES OF SELECTED
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