Implementation of IPOA/IUU - International MCS Network
Implementation of IPOA/IUU - International MCS Network
Implementation of IPOA/IUU - International MCS Network
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40supported <strong>IUU</strong> fishing. For example, a port State may have received earliernotification from another State or from a RFMO that a particular vessel wassighted fishing in a closed area or using prohibited fishing gear. Informationobtained from a vessel seeking port entry may indicate that the vessel in questionmay be the one that was the subject <strong>of</strong> the earlier notice. If so, the port Statecould deny the request for access altogether or, alternatively, grant the vesselaccess but subject it to a thorough inspection while in port.A State should only grant foreign fishing vessels access to its portswhere the State has the capability to conduct vessel inspections. During suchinspections, a port State should collect at least the following information, whichshould be provided to the flag State and, where appropriate, to the relevantRFMO:the flag State <strong>of</strong> the vessel and identification detailsname, nationality, and qualifications <strong>of</strong> the master and the fishingmasterfishing gearcatch on board, including origin, species, form, and quantitywhere appropriate, other information required by a RFMO orinternational agreementtotal landed and transshipped catchThe information collected in the course <strong>of</strong> a vessel inspection will givethe port State an even stronger basis on which to determine whether the vesselhas engaged in or supported <strong>IUU</strong> fishing. If the port State has reasonablegrounds 69 for suspecting that a vessel in its port has done so, the <strong>IPOA</strong>-<strong>IUU</strong> callson the port State:not to allow the vessel to land or transship fish in its portimmediately to report the matter to the flag Stateif the suspected <strong>IUU</strong> fishing may have taken place in waters underthe jurisdiction <strong>of</strong> another State or in waters under the purview <strong>of</strong> aRFMO, immediately report the matter to that State and/or RFMOas wellIn some circumstances, the port State may take additional action. Forexample, if the suspected <strong>IUU</strong> fishing may have taken place in waters under thejurisdiction <strong>of</strong> the port State, that State has the responsibility to exercise its69 Paragraph 59 <strong>of</strong> the <strong>IPOA</strong>-<strong>IUU</strong> calls for certain actions by a port State when it has“reasonable grounds” to suspect that a vessel has engaged in or supported <strong>IUU</strong> fishing.Paragraph 56 calls upon a port State to deny a vessel the ability to land or transship fish inport when it has “clear evidence” that the vessel has engaged in <strong>IUU</strong> fishing.