Implementation of IPOA/IUU - International MCS Network

9In light of this, the very first “tool” in the IPOA-IUU is a call upon allStates to “give full effect to relevant norms of international law” in order toprevent, deter and eliminate IUU fishing. Those States that have not yet done soshould become party to the 1982 UN Convention, the 1993 FAO ComplianceAgreement and the 1995 UN Fish Stocks Agreement. All States should also fullyand effectively implement the Code of Conduct and its related IPOAs.In addition, States whose vessels participate in fisheries regulated byRFMOs should either become members of those RFMOs or, at a minimum,apply the conservation and management measures adopted by those RFMOs totheir own vessels or adopt measures consistent with those conservation andmanagement measures. States should also cooperate to establish new RFMOs asneeded for coordinated conservation and management of fish stocks. Section 8 ofthese guidelines discusses these commitments in greater detail.3.1.1 Areas under National JurisdictionWithin areas under national jurisdiction, IUU fishing underminesinternational standards concerning the rights and responsibilities of coastal Stateswith respect to living marine resources. The 1982 UN Convention recognizes thesovereign rights of coastal States to explore, exploit, conserve and manage thoseresources in areas under their jurisdiction. With those rights comeresponsibilities, as set forth in the 1982 UN Convention and elaborated insubsequent instruments, to adopt and implement appropriate measures toconserve and manage those resources.IUU fishing in areas under national jurisdiction prevents coastal Statesfrom achieving compliance with conservation and management measures thatapply in those areas. To the extent that IUU fishing is undertaken by vesselsregistered in the coastal State, it represents a failure of the coastal State to fulfilits responsibilities to properly conserve and manage fisheries in areas under itsjurisdiction. To the extent that IUU fishing is carried out by vessels registered inStates other than the coastal State, IUU fishing also represents a violation of theresponsibilities of flag States to ensure that their vessels do not fish in ways thattransgress fishery rules properly established by coastal States. 15For these reasons, the IPOA-IUU calls upon each coastal State toimplement measures to prevent, deter and eliminate IUU fishing that occurswithin waters under its jurisdiction. Section 5 of these guidelines describes these15 To underscore the seriousness of this problem, the United Nations General Assemblyadopted resolution 49/116 of 19 December 1994, in which it called upon States to takemeasures to ensure that no fishing vessels entitled to fly their flag fished in waters underthe national jurisdiction of other States, unless duly authorized by the competentauthorities of the coastal State or coastal States concerned, and that such fishingoperations be conducted in accordance with the conditions set out in the authorization.