Implementation of IPOA/IUU - International MCS Network

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13For example, Japan requires its nationals to obtain the permission of theJapanese Government before working aboard non-Japanese fishing vesselsoperating in the Atlantic bluefin tuna and southern bluefin tuna fishing areas.The goal of this measure is to prevent Japanese nationals from becominginvolved in IUU fishing aboard foreign vessels. Japan also intends to denypermission to any Japanese national to work aboard a foreign fishing vessel inany other fishery, if the vessel’s flag State is not a member of the RFMOregulating that fishery. 20 New Zealand and Australia have also enactedlegislation restricting the activities of their respective nationals aboard foreignvessels registered in States meeting certain criteria.In the United States of America, the Lacey Act makes it unlawful forany person subject to U.S. jurisdiction to “import, export, transport, sell, receive,acquire, possess or purchase any fish ... taken, possessed or sold in violation ofany ... foreign ... law, treaty or regulation.” Hence, a U.S. national may beprosecuted for engaging in certain forms of IUU fishing aboard foreign vessels. 21To fulfil the commitments contained in the IPOA-IUU relating tocontrol of nationals, all States should consider adopting measures along theselines and should consider taking the following steps as well:Each State should make it a violation of its law for its nationals toengage in fishing activities that violate the fishery conservation andmanagement laws of any other State or that undermine theeffectiveness of conservation and management measures adoptedby a RFMO. 2220 See “The Importance of Taking Cooperative Action Against Specific Fishing Vesselsthat are Diminishing Effectiveness of Tuna Conservation and Management Measures,” byMasayuki Komatsu.21 See United States Code, Title 16, Chapter 53. For further discussion of how the LaceyAct might be adapted for other situations involving IUU fishing, see “National LegislativeOptions to Combat IUU Fishing,” by Blaise Kuemlangan.22 Such a law could be drafted as follows:A person subject to the jurisdiction of [State] who –(a) on his or her own account, or as partner, agent or employee of another person,lands, imports, exports, transports, sells, receives, acquires or purchases; or(b) causes or permits a person acting on his behalf, or uses a fishing vessel, to land,import, export, transport, sell, receive, acquire or purchase,any fish taken, possessed, transported or sold contrary to the law of another State or in amanner that undermines the effectiveness of conservation and management measuresadopted by a Regional Fisheries Management Organization shall be guilty of an offenceand shall be liable to pay a fine not exceeding (insert monetary value).
14Sanctions against nationals that have engaged in IUU fishing couldinclude, for example, monetary fines, confiscation of fishingvessels and fishing gear and denial of future fishing licences. 23Each flag State should take measures to deter its nationals fromreflagging fishing vessels, or from initially registering new vessels,in States that are identified by a RFMO as undermining theeffectiveness of its conservation and management measures. 24 Suchmeasures may include controls on deletion of vessels from nationalregisters, controls on the export of fishing vessels, 25 publicitycampaigns to make vessel owners aware of those States that havebeen so identified, and a prohibition on allowing vessels that are orhave been registered in such States ever to be re-registered in theinitial flag State.As detailed in paragraphs 73 and 74 of the IPOA-IUU, each Stateshould ensure that its nationals (as well as other individuals undertheir jurisdiction) are aware of the detrimental effects of IUUfishing and should find ways to discourage such individuals fromdoing business with those engaged in IUU fishing.3.2.3 Vessels without NationalityAlthough reliable data is unavailable on the proportion of IUU fishingconducted by vessels without nationality, anecdotal evidence indicates that suchvessels are responsible for a significant amount of it. In some cases, the vesselsin question are actually without nationality, in that they are not are not properlyregistered in, and hence not entitled to fly the flag of, any State. In other cases,the vessels in question may be deemed to be without nationality (i.e. may beassimilated to vessels without nationality) because they sail under the flags oftwo or more States, using them according to convenience. 26The IPOA-IUU calls upon all States to take measures consistent withinternational law in relation to vessels without nationality that are involved in23 Spanish legislation, for example, provides for the suspension of a captain’s licence forup to five years for committing certain offenses aboard flag of convenience vessels.24 Cf., article IV(3) of the Convention for the Conservation of Anadromous Stocks in theNorth Pacific Ocean (“Each Party shall take appropriate measures aimed at preventingvessels registered under its laws and regulations from transferring their registration for thepurpose of avoiding compliance with the provisions of this Convention”).25 Japan, for example, has since 1999 denied all requests to export large-scale tunalongline vessels. In addition, Japan has worked through industry channels to developunderstandings that certain former Japanese vessels owned in Taiwan Province of Chinashould be scrapped and that others constructed in Taiwan Province of China should eitherbe registered and regulated there or scrapped.26 See 1982 UN Convention, articles 91 and 92.
Page 4 and 5: iiiPREPARATION OF THIS DOCUMENTThe
Page 6 and 7: vThe IPOA-IUU is voluntary. However
Page 8 and 9: viii6.2 Examples of some port State
Page 10 and 11: xiBACKGROUND1. From ancient times,
Page 12 and 13: xiii11. The Code is voluntary. Howe
Page 14 and 15: 1. INTERNATIONAL PLAN OF ACTION - I
Page 16 and 17: 3Since the late 1990s, a number of
Page 18 and 19: 5(1) conducted by national or forei
Page 20 and 21: 7flag States, coastal States and Po
Page 22 and 23: 9In light of this, the very first
Page 24 and 25: 11the vessels rarely if ever visit
Page 28 and 29: 15IUU fishing on the high seas. 27
Page 30 and 31: 17end all forms of government econo
Page 32 and 33: 19developing States, 36 have introd
Page 34 and 35: 21If the vessel is fishing on the h
Page 36 and 37: 23registering a vessel that has a h
Page 38 and 39: 25RFMOs have a role to play in ensu
Page 40 and 41: 27FAO, in turn, will make available
Page 42 and 43: 29species can be caught, what gear
Page 44 and 45: 31Flag States are also encouraged t
Page 46 and 47: 33cases, fishing vessels registered
Page 48: 35light of this, paragraph 51 of th
Page 51 and 52: 38transshipment at sea is prohibite
Page 53 and 54: 40supported IUU fishing. For exampl
Page 55 and 56: 42Japan prohibits port calls by tun
Page 57 and 58: 44of a NAFO member, it must be insp
Page 59 and 60: 46discussed in Section 7 of these g
Page 61 and 62: 48products harvested through IUU fi
Page 63 and 64: 50products. On the basis of that da
Page 65 and 66: 52question, while the latter only c
Page 67 and 68: 54States can also combat IUU fishin
Page 69 and 70: 56RFMOs engage in IUU fishing. No s
Page 71 and 72: 588.3 Possibilities for Further Act
Page 73 and 74: 60resolutions calling on those memb
Page 75 and 76: 62landings, port control, and inspe
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648.3.8 Actions in Response to Rema
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66As a result, IUU fishers often co
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68A number of other developed State
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702.4 Measures to control transport
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10.3 Suggested Format for Reports t
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74Flag States should closely contro
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76A coastal State should consider r
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78To assist States in implementing
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12. LITERATURE CITED80Agnew, D.J. 2
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82Greenpeace. 2001. Pirate Fishing:
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84II. NATURE AND SCOPE OF IUU FISHI
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86to the Conservation and Managemen
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National Legislation88Legislation16
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90National Plans of Action25. State
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9236.2 having taken into account al
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9446.3 the species, fishing gear au
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9651.2 cooperation and exchange of
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98general operating guidelines for
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100and should consider measures to
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10280.9 development of observer pro
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10486.3 the strengthening of region
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106Articles V, VI, and VII of the A
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1084.2 To the greatest extent pract
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110• Compliance with other aspect
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1126. Information regarding such si
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114Annex ACommon English Name Scien
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1164. Parties shall consider and ac
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118Committed to take steps, consist
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1209. An export-validated Dissostic
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122APPENDIX VIWEBSITES OF SELECTED
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Implementation of IPOA/IUU - International MCS Network

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