Implementation of IPOA/IUU - International MCS Network

11the vessels rarely if ever visit the territory of the flag State, and the fish harvestedby the vessels are not sold in (or even transshipped through) the flag State. Evenmore importantly, the flag State has neither the ability nor the apparent will tomonitor the fishing activities of the vessels or to impose penalties on them forIUU fishing. Indeed, the vessels register in such flag States precisely to avoidsuch control.In sum, IUU fishing on the high seas constitutes, first and foremost, afailure on the part of flag States to abide by responsibilities recognized by theinternational community and reflected in relevant international instruments. TheIPOA-IUU contains a number of tools, discussed in Section 4 of theseguidelines, to help willing flag States fulfil these responsibilities. Those flagStates that are unwilling to use these tools could also help prevent, deter andeliminate IUU fishing by removing from their registries those fishing vesselswhose activities they cannot control. Indeed, some States have begun to deletefishing vessels from their registers in response to requests from other States andRFMOs to end IUU fishing that their vessels had been conducting.3.2 National Laws, Regulations and Practices3.2.1 Review of Pertinent Laws, Regulations and PracticesAt an early stage in the implementation of the IPOA-IUU, each Stateshould undertake a thorough review of its national laws, regulations andpractices relating to IUU fishing. 17 Such a review could be done in connectionwith the development or revision of fishery management plans, as are called forin the Code of Conduct. The principal goal of the review should be to rationalizeand strengthen the legal regime and to make possible the use of all relevant toolsin the IPOA-IUU "toolbox". The review should consider such questions as:For all States, is any additional legislative or regulatory authoritynecessary or desirable to implement the IPOA?Are existing penalties for IUU fishing of sufficient severity toprevent, deter and eliminate such fishing by vessels flying your flagand/or operating in areas under your jurisdiction?For all States, does your domestic law give effect to obligationsyou have assumed under international law, including through yourparticipation in RFMOs?For flag States, are the laws, regulations and practices relating tofishing by vessels flying your flag on the high seas and in areas17 Such a review would not necessarily entail the enactment of legislative changes. Buteven in cases where legislative changes are necessary, States should attempt to implementas many aspects of the IPOA-IUU as possible even prior to the culmination of legislativeaction, which can often involve lengthy delays.