Implementation of IPOA/IUU - International MCS Network

24below. Given that the requirement of registration is a fundamental tool by whicha flag State can control its fishing vessels, the administrative cost of expanding aState’s registry to include all vessels should be more than offset by the savingsrealized by reducing the IUU fishing that unregistered vessels may now becommitting. 434.1.1 Chartering ArrangementsSome IUU fishers seek to evade controls by abusing the arrangementsfor the chartering of fishing vessels. The IPOA-IUU calls on all States involvedin a chartering arrangement to take steps, within the limits of their respectivejurisdiction, to ensure that chartered vessels do not engage in IUU fishing.If chartering arrangements are not carefully designed and enforced, theidentity of those individuals or corporations that have the ultimate interest in thevessel may not be apparent. For example, a vessel may be owned by someonefrom State A, be registered in State B and be chartered to fish in waters under thejurisdiction of State C. The relationships between the owner, the charterer andflag State are often unclear to the coastal State.To address this problem, States should require all charteringarrangements to be fully transparent. For example, the Regional Register ofForeign Fishing Vessels administered by the South Pacific Forum FisheriesAgency (FFA) 44 requires foreign fishing vessels to submit an application to theDirector for Registration. The applicant vessels must include the name(s) of anycharterer in addition to other required information (names of applicants, radiocall sign, State of registration, and flag State registration number, previous vesselname(s), name(s) of the vessel owner, operator, vessel master captain and fishingmaster). 4543 The international standards for the registration of ships have been codified in the UNConvention on the Conditions for the Registration of Ships (1986). Although thisConvention is not yet in force and exempts fishing vessels, it clearly describes theprocedures to be followed in order to avoid any misuse or fraudulent practice associatedwith registration. For instance, it describes the procedures to be followed in bare-boatchartering when the vessel is subject to dual registry.44 The FFA was established by South Pacific Forum Fisheries Agency Convention, 10July 1978. The 16 members of the FFA are Australia, Cook Islands, Federated States ofMicronesia, Fiji, Kiribati, Marshall Islands, Nauru, New Zealand, Niue, Palau, PapuaNew Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. It should be notedthat the Regional Register of Foreign Fishing Vessels maintained by the FFA does notserve the same function as a national register of ships.45 See T. Aqorau, supra note 33.