Implementation of IPOA/IUU - International MCS Network

34Paragraph 51 of the IPOA-IUU sets forth a variety of tools for eachcoastal State to use to prevent, deter and eliminate all forms of IUU fishing thatmay occur in waters under its jurisdiction, whether carried out by its own vesselsor by vessels registered elsewhere. Many of these tools are similar to measures tobe taken by flag States, summarized above. For example, paragraph 51.1 callsupon coastal States to undertake “effective [MCS] of fishing activities in the[EEZ].” As discussed in Section 3.2.5 of these guidelines, establishment ofeffective MCS requires a broad-based effort to monitor fishing activity,investigate possible infractions and impose appropriately severe penalties. Eachcoastal State should strengthen its MCS capacities and, in particular, shouldconsider requiring vessels operating in waters under its jurisdiction to use VMS.Similarly, paragraph 51 of the IPOA-IUU calls upon coastal States toensure that no vessel, domestic or foreign, undertakes fishing activity in watersunder its jurisdiction without a valid authorization to fish issued by that coastalState. Such authorizations should be issued only to vessels that are properlyentered on a record of vessels maintained by the coastal State.As discussed above, transshipment of fish at-sea often facilitates IUUfishing. For this reason, paragraph 51 also calls upon each coastal State to ensurethat both at-sea transshipment and processing of fish in waters under itsjurisdiction are either expressly authorized by the coastal State or, at a minimum,are conducted in conformity with appropriate regulations adopted by the coastalState.To assist those fishers who wish to operate legitimately, a coastal Stateshould ensure that waters under its jurisdiction are clearly marked on charts. Thecharts should also identify any protected sensitive areas where fishing isprohibited and areas limited to fishing by certain categories of fishers or types offishing gear.5.2 Access and Access AgreementsA coastal State that does not have the capacity to harvest the totalallowable catch of fish in waters under its jurisdiction has an obligation to grantaccess to those waters to fishers from other States. 56 Determining the terms andconditions for such access, however, gives the coastal State opportunities to limitthe possibilities that foreign fishers will conduct IUU fishing in those waters. In55 For basic information on catch reporting requirements, see FAO, Guidelines forRoutine Collection of Capture Fisheries Data, FAO Fisheries Technical Paper 382, Rome1999. Among other things, these guidelines suggest procedures for verifying catch reportsfrom vessels, e.g., by comparing those reports with actual landings.56 See 1982 UN Convention, article 62.2.