Implementation of IPOA/IUU - International MCS Network

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.