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Implementation of IPOA/IUU - International MCS Network

Implementation of IPOA/IUU - International MCS Network

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33cases, fishing vessels registered elsewhere operate without permission <strong>of</strong> thecoastal State (poach) or fish in violation <strong>of</strong> the terms <strong>of</strong> access granted to themby the coastal State. 54<strong>IUU</strong> fishing within waters under national jurisdiction primarily harmsthe coastal States in question and the legitimate fishers who operate in thosewaters. It is therefore manifestly in the interest <strong>of</strong> coastal States to do all they canto prevent, deter and eliminate <strong>IUU</strong> fishing in those waters, as they will reap thebenefits most directly.In addition, because fish stocks (and other species in the ecosystem)<strong>of</strong>ten migrate through waters under the jurisdiction <strong>of</strong> more than one coastalState or between areas under national jurisdiction and the high seas, such <strong>IUU</strong>fishing harms the interests <strong>of</strong> others as well. In part because <strong>of</strong> the migratorynature <strong>of</strong> these resources, the sovereign rights <strong>of</strong> coastal States to managefisheries in waters under their jurisdiction also imply a responsibility to managethe fisheries properly and in accordance with international standards.The <strong>IPOA</strong>-<strong>IUU</strong> calls upon each coastal State, in the exercise <strong>of</strong> thesesovereign rights, to implement measures to prevent, deter and eliminate <strong>IUU</strong>fishing.The large majority <strong>of</strong> fishing activity taking place in waters under thejurisdiction <strong>of</strong> most coastal States is undertaken by vessels registered in thecoastal States themselves. In such situations, the coastal State is also the flagState and, as such, should carry out its responsibilities as a flag State with respectto its vessels operating in waters under its jurisdiction. As discussed in Section 4<strong>of</strong> these guidelines, each coastal State whose vessels operate in waters under itsown jurisdiction should:require its vessels to be registeredinclude all vessels (and all relevant data relating to them) in arecord <strong>of</strong> fishing vesselsrequire vessels to obtain express authorizations to fish, whichshould be issued only to vessels listed in the recordavoid registering a vessel with a history <strong>of</strong> <strong>IUU</strong> fishingrequire appropriate reporting <strong>of</strong> catches and related data andmaintenance <strong>of</strong> logbooks 5554 Some coastal States, particularly developing coastal States, seek to control the fishingactivities <strong>of</strong> foreign vessels granted access to operate in their waters more strictly thanthose <strong>of</strong> vessels registered in their own territory. This has prompted some vessel ownersto register fishing vessels in those coastal States as a way to avoid more stringent controls.See T. Aqorau, supra note 33.

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