Implementation of IPOA/IUU - International MCS Network

10provisions of the IPOA-IUU in more detail and offers suggestions for practicalsteps that coastal States should take to address problems of IUU fishing.Many developing coastal States unfortunately lack the capacity andresources to detect IUU fishing within areas under their jurisdiction, toapprehend those conducting such fishing and to impose penalties on them. Forthis reason, the IPOA-IUU calls upon all States to assist developing coastalStates in building the capacity necessary to prevent IUU fishing from takingplace in areas under their jurisdiction. Section 9 of these guidelines discussesthese provisions of the IPOA-IUU in more detail.3.1.2 High SeasIUU fishing on the high seas also contravenes international standards.While the 1982 UN Convention recognizes the right of all States for theirnationals to fish on the high seas, it makes this right subject to a number ofsignificant qualifications, including the obligations to conserve the living marineresources of the high seas and to cooperate with other States. Subsequentinstruments, including the Code of Conduct, the 1993 FAO ComplianceAgreement and the 1995 UN Fish Stocks Agreement, elaborate upon these basicstandards, particularly with respect to the responsibilities of flag States. Amongthe flag State responsibilities reflected in these instruments are three basic rulesthat, if fully implemented, would significantly reduce IUU fishing on high seas:Flag States should ensure that their vessels do not underminefishery conservation and management measures that apply in anyhigh seas area in which their vessels operate.Vessels should not fish on the high seas except pursuant to expressauthorization to do so by the flag State.A flag State should not grant such authorization to a vessel unless itcan ensure that the vessel will not undermine fishery conservationand management measures that apply in a high seas area in whichthe vessel will operate.Many international instruments acknowledge the primary responsibilityof flag States for the fishing activities of their vessels on the high seas. However,a number of flag States make virtually no effort to fulfil that responsibility. SomeStates permit the registration of fishing vessels in their territories that have nogenuine link to their State. 16 In many cases, the true or beneficial owners of thevessels have other nationalities, the master and crew have still other nationalities,16 As provided in the 1982 UN Convention, article 91.1, “Every State shall fix theconditions for the grant of its nationality to ships, for the registration of ships in itsterritory, and for the right to fly its flag. Ships have the nationality of the State whose flagthey are entitled to fly. There must exist a genuine link between the State and the ship.”