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Implementation of IPOA/IUU - International MCS Network

Implementation of IPOA/IUU - International MCS Network

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32 vessel identification (radio call sign, port and number <strong>of</strong> registry) vessel position vessel course fishing effort (fishing location, date and time <strong>of</strong> place fished) catch composition (target and non target species by nominal weight(live weight equivalent <strong>of</strong> landings) zone entry/exit (including closed areas entry/exit) notifications port entry notifications 53Flag States should also establish a mechanism to verify the accuracy <strong>of</strong>reported data and should penalize the failure to report and the misreporting <strong>of</strong>data. Approaches include routine inspections in port and the use <strong>of</strong> independenton-board observers.As discussed above, flag States should ensure that penalties imposed for<strong>IUU</strong> fishing are <strong>of</strong> sufficient gravity to be effective in deterring future <strong>IUU</strong>fishing and to deprive the <strong>of</strong>fenders <strong>of</strong> the benefits accruing from the <strong>IUU</strong>fishing. For serious <strong>of</strong>fences, such sanctions should include withdrawal orsuspension <strong>of</strong> the vessel’s authorization to fish. Sanctions applicable in respect<strong>of</strong> masters and other <strong>of</strong>ficers <strong>of</strong> fishing vessels should include withdrawal orsuspension <strong>of</strong> their authorizations to serve in those capacities.Flag States whose vessels regularly fish in waters under the jurisdiction<strong>of</strong> other States, e.g. pursuant to access agreements, should enter intoarrangements with the coastal States to prevent, deter and eliminate <strong>IUU</strong> fishingin such circumstances. For example, a treaty between certain Pacific IslandStates and the United States <strong>of</strong> America requires the latter to assist the former in<strong>MCS</strong> efforts. The treaty also requires the United States to transfer to the FFA anyfines it collects from its vessels for having fished in violation <strong>of</strong> the treaty.5. COASTAL STATE MEASURES5.1 Coastal State Rights and Responsibilities<strong>International</strong> law provides that coastal States have sovereign rights tomanage fisheries in waters under their jurisdiction. More than ninety percent <strong>of</strong>the global fish catch is estimated to be taken within waters under the jurisdiction<strong>of</strong> coastal States. Although reliable data is not available, it may be presumed thata significant proportion <strong>of</strong> <strong>IUU</strong> fishing also occurs in those waters. Much <strong>of</strong> that<strong>IUU</strong> fishing is conducted by vessels registered in the coastal States themselves,particularly in the form <strong>of</strong> underreporting or misreporting <strong>of</strong> catch. In other53 Taken from B. Kuemlangan, supra note 21. For further information, see FAO,Guidelines for Routine Collection <strong>of</strong> Capture Fisheries Data, FAO Fisheries TechnicalPaper 382, Rome 1999.

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