Implementation of IPOA/IUU - International MCS Network

6wrongful, depending on the circumstances, the IPOA-IUU is generallyconcerned with unregulated fishing that is likely to frustrate the achievement ofsustainable fisheries. 12The common thread is that IUU fishing may generally be said to occurin violation of – or at least with disregard for – applicable fisheries rules,whether adopted at the national or international level.Relationship to the Code of Conduct and to other instruments. Like theother IPOAs adopted by COFI in recent years, the IPOA-IUU has beenelaborated within the framework of the Code of Conduct. A number ofprovisions of the Code of Conduct, particularly certain provisions of Articles 1and 3, also describe the relationship between the IPOA-IUU and other relevantinternational instruments. Generally speaking, the IPOA-IUU is to be interpretedand applied in a manner that is consistent with those instruments, including the1982 UN Convention, the 1993 FAO Compliance Agreement and the 1995 UNFish Stocks Agreement. The provisions of the IPOA-IUU that relate tointernational trade are also to be interpreted and applied in a manner that isconsistent with the rules of the World Trade Organization (WTO).Objectives and principles. As its title indicates, the objective of theIPOA is to prevent, deter and eliminate IUU fishing. The principles to guide thepursuit of this objective include: (1) broad participation and coordination amongStates, as well as representatives from industry, fishing communities and nongovernmentalorganizations (NGOs); (2) the phasing in of action to implementthe IPOA-IUU on the earliest possible timetable; (3) the use of a comprehensiveand integrated approach, so as to address all impacts of IUU fishing; (4) themaintenance of consistency with the conservation and long-term sustainable useof fish stocks and the protection of the environment; (5) transparency; and (6)non-discrimination in form or in fact against any State or its fishing vessels.Overlapping responsibilities of States. As detailed below, the IPOA-IUU contains a large and diverse set of measures for States to take to combatIUU fishing, individually and in collaboration with other States. Some of thesemeasures are designed for use by all States; others are tailored for application by12 One could say that fishers are always to blame for engaging in “illegal” and“unreported” fishing activity. The wrongful acts are entirely within their control.Similarly, fishers who become “unregulated” by evading rules that apply to other fishers,e.g. by reflagging or by using vessels without nationality, are to blame for wrongdoing.However, fishers who conduct activity that is unregulated solely because the relevantState or States have not adopted any regulatory measures for the fishery concerned cannotbe said to be engaged in wrongful acts.