Implementation of IPOA/IUU - International MCS Network

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19developing States, 36 have introduced VMS requirements for their fishing vesselsor as a condition of access for foreign vessels to fish in waters under theirjurisdiction. A number of international agreements also require VMS. It isestimated that, at present, at least 8,000 fishing vessels are reporting theirpositions by VMS. By using VMS, vessels can transmit basic data quickly andinexpensively. All States should strongly consider introducing or expandingrequirements for their vessels to use VMS. To assist in this effort, FAO haspublished and disseminated technical guidelines on the subject. 37In many cases, the key to effective MCS lies in the ability of fisheriesmanagers and enforcement officials to exchange information on possible IUUfishing activity as quickly as possible. To speed and broaden the exchange ofsuch information, States should work to standardize the formats and modes inwhich the information is transmitted.It must be emphasized that MCS measures do not relate exclusively totaking enforcement action against IUU fishing that is already underway, but alsoencompass prevention and deterrence. A critical part of any strategy to combatIUU fishing lies in securing understanding and support among fishers for theapplicable conservation and management measures that have been adopted.States can foster voluntary compliance with such measures and reduce IUUfishing through:community education and other outreach to fishersensuring that stakeholders participate in the development of fisheryrulesengendering peer pressure in favour of complianceinstituting accurate and verifiable data collection regimes.Those fishers who persist in breaking the rules should face thelikelihood of sufficient penalties. To make that a reality, all States should investin building the capacity to inspect, investigate and to prosecute violatorssuccessfully. All States should also ensure that its judicial or administrativesystem for handling cases of IUU fishing operate promptly and efficiently.One important challenge is to use MCS to prevent, deter and eliminateIUU fishing while not unduly burdening legitimate fishing operations. Forexample, States should conduct inspections in ways that minimize theinconvenience to vessel operators and protect the confidentiality of private and36 Developing States that are either using or are actively considering the use of VMS forfisheries vessels include Malaysia, Maldives, Morocco, Mozambique, Namibia,Seychelles and the member States of the FFA.37 FAO. 1998. FAO Technical Guidelines for Responsible Fisheries. Fishing Operations:Vessel Monitoring Systems.
20proprietary data. By doing so, fisheries managers and enforcement officials aremore likely to receive the cooperation of law-abiding fishers, who have goodreason to help combat IUU fishing.The specific MCS tools contained in the IPOA-IUU are discussed morethoroughly below in the sections dealing with flag States, port States, coastalStates and RFMOs.3.3 Cooperation between StatesCooperation among States is absolutely necessary if IUU fishing is tobe prevented, for several reasons:Vessels engaged in IUU fishing often move in and out of areasunder the jurisdiction of multiple States, and operate on the highseas as well. In such cases, the States involved must cooperate inMCS efforts.As noted above, the owners and operators of IUU fishing vesselstypically have nationalities that differ from those of the vesselsthemselves. Again, cooperation among the States involved isnecessary to determine the identities of those who control the IUUfishing operations and to impose penalties on them.A large percentage of fish harvested through IUU fishing are putinto international trade, making cooperation between exporting andimporting States necessary to deny market access to these products.Paragraphs 28-31 of the IPOA-IUU set forth a number of ways in whichStates should cooperate to prevent, deter and eliminate IUU fishing, includingthrough their participation in RFMOs. Of primary importance is the sharing ofrelevant information and the provision of assistance to developing States. Inorder to facilitate cooperation, the IPOA-IUU calls on each State to appoint aninitial “point of contact” and to make this appointment known to all. Possibleways to publicize the appointment of such points of contact would be to post therelevant names on the websites of national fishery administrations and to includethem in reports to FAO on implementation of the IPOA-IUU.4. FLAG STATE RESPONSIBILITIESThe flag State has responsibility under international law for controllingthe fishing activities of a vessel, no matter where the vessel operates:If the vessel is fishing in waters under the jurisdiction of the flagState, the responsibility of the flag State is exclusive. Generallyspeaking, no other State has the right or responsibility to control thefishing activities of the vessel.
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 26 and 27: 13For example, Japan requires its n
Page 28 and 29: 15IUU fishing on the high seas. 27
Page 30 and 31: 17end all forms of government econo
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
Page 77 and 78: 648.3.8 Actions in Response to Rema
Page 79 and 80: 66As a result, IUU fishers often co
Page 81 and 82: 68A number of other developed State
Page 83 and 84:
702.4 Measures to control transport
Page 85 and 86:
10.3 Suggested Format for Reports t
Page 87 and 88:
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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