Implementation of IPOA/IUU - International MCS Network

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25RFMOs have a role to play in ensuring that chartering arrangements forstocks under their purview are transparent. For example, NAFO has recentlyadopted rules to regulate chartering arrangements for quotas and shrimp fishingdays. 46 Those rules impose relatively tight controls on chartering arrangementsand require full transparency. In the context of developing new allocationcriteria, ICCAT members have also made a commitment to create rules toregulate chartering operations for stocks under its purview.Another problem may arise when a vessel registered in State A ischartered by nationals in State B to fish in waters under the jurisdiction of StateB as well as on the high seas. Responsibility for controlling the high seas fishingactivity may not be clear – does it rest with State A (the flag State) or with StateB? While the vessel operates in waters under the jurisdiction of State B, thatState would have responsibility as a coastal State over the vessel’s fishingactivities. But when the vessel ventures onto the high seas, the flag State (StateA) might generally be thought to have responsibility over the fishing activities.State B may have no authority to board or inspect the vessel on the high seas orhave other practical means to control its high seas fishing activities. Yet State Amay have no way to know when the vessel is fishing on the high seas.One possible solution to the above situation is to require that charteredvessels take on the nationality of State B – that is, have State B become the flagState – for the duration of the charter arrangement. This would give State Bresponsibility for the fishing activities of the vessel in both areas where it hasbeen chartered to fish – in waters under the jurisdiction of State B as well as onthe high seas. Another approach would be for State B not to allow charteredvessels to fish on the high seas at all.A third possibility is to make both State A and B responsible forcontrolling the high seas fishing conducted pursuant to a charter arrangement.The charter arrangement could, for example, provide express authority for StateB (as well as State A) to board and inspect the vessel on the high seas andrequire reporting of catch data to both States. Along these lines, the NAFOchartering rules provide that:The Contracting Party whose vessel will harvest a quota or useshrimp fishing days under the charter arrangement “is responsiblefor ensuring that the vessel complies with the requirements of theNAFO Conservation and Enforcement Measures. This does notnullify the obligations of the Contacting Party to which the quotaand shrimp fishing days have been allocated [originally].46 See NAFO/FC Doc. 01/1 - Conservation and Enforcement Measures - Supplement ofFC Doc. 00/1, Part I.B.
26The Contracting Party whose vessel will harvest a quota or useshrimp fishing days under the charter arrangement must report theresulting catches and incidental catches both to the ContractingParty involved and to the NAFO Executive Secretary. The report ofsuch catches must be separated from other catch reporting.A final possibility is to provide for boarding and inspection of charteredvessels on the high seas through regional arrangements of the sort provided for inarticles 21 and 22 of the 1995 UN Fish Stocks Agreement. 47In any case, just as States should generally not permit vessels with ahistory of IUU fishing to register in their territories, States and RFMOs shouldgenerally not allow chartering arrangements to be made for such vessels.4.2 Record of Fishing VesselsThere is no single and complete database or record of fishing vessels inthe world, a situation that undoubtedly creates opportunities for IUU vessels toescape detection.While a comprehensive database may not be possible to developimmediately, the IPOA-IUU calls on each flag State to maintain a record offishing vessels entitled to fly its flag. For fishing vessels authorized to fish on thehigh seas, the record should include the information listed in article VI,paragraphs 1 and 2 of the 1993 FAO Compliance Agreement. Paragraph 42 ofthe IPOA-IUU suggests additional information to be included in the record. TheIPOA-IUU further suggests that all flag States maintain a record that includes allsuch information with respect to each of its registered vessels (those authorizedto fish on the high seas as well as others). In addition, the Coordinating WorkingParty on Fishery Statistics has recommended that records of fishing vesselsshould indicate whether vessels are actively fishing. 48 Please refer to Box 2 for acompilation of all these elements.As envisioned in the 1993 FAO Compliance Agreement, FAO hasalready established a database for compilation of information on high seasfishing vessels. Some flag States have begun to submit the relevant data on theirvessels to FAO, even prior to entry into force of that Agreement. To helpprevent, deter and eliminate IUU fishing, particularly on the high seas, all flagStates should submit this data to FAO and update their submissions regularly.47 Chartering arrangements may also give rise to problems concerning the attribution ofcatch. For a discussion of the approach to such problems adopted by the CoordinatingWorking Party on Fishery Statistics, see “Legal Aspects of Collection of Fisheries Data.”48 Report of the Nineteenth Session of the Coordinating Working Party on FisheriesStatistics, paragraph 150.
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 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 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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