Implementation of IPOA/IUU - International MCS Network

12under the jurisdiction of other States sufficient to prevent, deter andeliminate IUU fishing by those vessels? Do your laws, regulationsand practices provide an adequate basis for monitoring such fishingactivity on the high seas, for apprehending IUU fishers and forimposing penalties on them?For coastal States, are the laws, regulations and practices relating tofishing by vessels in areas under your jurisdiction sufficient toprevent, deter and eliminate IUU fishing by those vessels? If youallow foreign vessels to fish in areas under your jurisdiction, do theagreements providing for such access need to be strengthened toaddress problems of IUU fishing?For port States, are your laws, regulations and practices relating tothe landings or transshipment of fish in your ports sufficient toensure that such fish are not the product of IUU fishing?For States involved in international trade in fish and fisheryproducts, are your laws, regulations and practices sufficient toimplement internationally agreed market-related measures designedto prevent, deter and eliminate IUU fishing? 183.2.2 State Control over NationalsOne reason why IUU fishing has been such a persistent problem is thatmany States have not been successful in controlling the fishing activities by theirnationals. Admittedly, it may be difficult for many States to control, or even tobe aware of, activities of their nationals that take place in the territory of otherStates or aboard vessels registered in other States. States may also have difficultyin preventing their nationals from reflagging fishing vessels in other States withthe intent to engage in IUU fishing.The IPOA-IUU nevertheless calls on all States to take measures orcooperate to ensure that their nationals do not support or engage in IUU fishing.In particular, all States should cooperate to identify those nationals who are theoperators or beneficial owners of vessels involved in IUU fishing.Under international law, a State is free to enact laws prohibiting itsnationals from engaging in IUU fishing, even if the activity in question takesplace aboard a foreign vessel or in waters under the jurisdiction of anotherState. 19 Some States have already done so.18 For suggestions on the enactment of a wide range of legislation relating to IUU fishing,see “Legislating for Sustainable Fisheries: A Guide to Implementing the 1993 FAOCompliance Agreement and 1995 UN Fish Stocks Agreement,” by William Edeson,David Freestone, and Elly Gudmundsdottir.19 For further discussion, see “Tools to Address IUU Fishing: The Current LegalSituation,” by William Edeson.