Implementation of IPOA/IUU - International MCS Network

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37For example, a group of coastal States in West Africa comprising theSub-Regional Fisheries Commission have created a Surveillance OperationsCoordinating Unit to coordinate MCS activities and thereby strengthen theenforcement of national fisheries laws. 62 In addition, a recent Protocol onFisheries concluded by the South African Development Community (SADC)includes an article on law enforcement that provides for sharing of MCS assetsand information. 63A group of neighbouring coastal States may also find it advantageous tocreate joint or common rules for fisheries access as a way to combat IUU fishing.One well-known example of such action has been undertaken by the members ofthe FFA. Those coastal States have created an effective Regional Register aswell as the Harmonised Minimum Terms and Conditions for Foreign FishingVessel Access.A foreign fishing vessel included on the FFA Regional Registerautomatically obtains “good standing.” Should it lose its good standing due toviolation of conservation and management measures of one FFA member, thevessel will lose the ability to operate in waters under the jurisdiction of any ofthe other 15 FFA members. This creates a powerful incentive in favour ofcompliance.The effectiveness of this approach depends on strong regionalcooperation and cohesion. Regional registration of vessels can only work wherethere is a common fishery. A regional registration scheme must be centrallyadministered and coordinated. The FFA Regional Register also benefits from thedesire of most fishing vessels to operate in waters under the jurisdiction of morethan one FFA member.In addition, FFA Members undertake to ensure that any accessagreements they negotiate include all requirements set forth in the HarmonisedMinimum Terms and Conditions for Foreign Fishing Vessel Access:no foreign vessel will fish in a member State’s exclusive economiczone (EEZ) unless it is issued a licence in the prescribed commonlicence form62 Luxembourg has provided funding for this initiative, through FAO. For furtherinformation on this initiative, contact the Surveillance Operations Coordinating Unit atluxdev@gamtel.gm. For further information on IUU fishing in this region, see “PirateFishing: Plundering West Africa,” by Greenpeace.63Representatives of all 14 SADC Member States signed the Protocol on Fisheries on14 August 2001. The Protocol will enter into force 30 days after the deposit ofinstruments of ratification by two-thirds of the SADC Member States.
38transshipment at sea is prohibited and that transshipments can onlybe done in designated portsforeign fishing vessels give full access to the authorised officersfrom the licensing State to the vessels log and catch recordsvessel operators maintain and submit catch logs for operations inthe EEZ and adjacent high seas areas. Such reports must beprovided to the licensing State within 45 days after completion ofthe fishing tripvessel operators provide regular catch records to the licensing Statewhile operating within EEZsvessel operators carry observers to verify reports and that observersare given full access to certain parts of the vessel and record forpurposes of observationvessel operators maintain a local agent for purposes of processfishing gear be stowed while transiting an EEZvessel operators comply with the orders of the authorities of thelicensing Stateoperators mark their vessels in accordance with the FAO StandardSpecification for the Marking and Identification of Fishing Vesselsvessel operators register automatic location communicators on theVMS Register of Foreign Fishing Vessels. 646. PORT STATE MEASURESIUU fishers ultimately need to bring their catch to port for landing ortransshipment. 65 Some States, unwittingly or not, allow their ports to be used forthis purpose and thereby facilitate IUU fishing. Other States, either on their ownor in cooperation with like-minded States, have begun to limit and regulateaccess to their ports as a means to control IUU fishing. Increasing the strengthand coordination of port State measures, as described in the IPOA-IUU, will benecessary.International law generally recognizes that a State has full sovereigntywith respect to ports in its territory. Generally speaking, a State may: Deny port access to vessels registered in other States 6664 FFA, Harmonised Minimum Terms and Conditions for Foreign Fishing Access asamended by FFC34 (24-28 November 1997).”65 When used in these guidelines, the term “port” includes off-shore terminals.66 The IPOA-IUU reaffirms a well-known exception to this rule; i.e. that a State shouldallow a vessel to enter its port for reasons of force majeure or distress or for renderingassistance to those in danger or distress. However, the rendering of assistance to a vesselin distress would not normally require a port State to allow a vessel to land or transshipfish in its port.
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 38 and 39: 25RFMOs have a role to play in ensu
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 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
Page 89 and 90: 76A coastal State should consider r
Page 91 and 92: 78To assist States in implementing
Page 93 and 94: 12. LITERATURE CITED80Agnew, D.J. 2
Page 95 and 96: 82Greenpeace. 2001. Pirate Fishing:
Page 97 and 98: 84II. NATURE AND SCOPE OF IUU FISHI
Page 99 and 100:
86to the Conservation and Managemen
Page 101 and 102:
National Legislation88Legislation16
Page 103 and 104:
90National Plans of Action25. State
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9236.2 having taken into account al
Page 107 and 108:
9446.3 the species, fishing gear au
Page 109 and 110:
9651.2 cooperation and exchange of
Page 111 and 112:
98general operating guidelines for
Page 113 and 114:
100and should consider measures to
Page 115 and 116:
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
Page 129 and 130:
1164. Parties shall consider and ac
Page 131 and 132:
118Committed to take steps, consist
Page 133 and 134:
1209. An export-validated Dissostic
Page 135:
122APPENDIX VIWEBSITES OF SELECTED
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