Implementation of IPOA/IUU - International MCS Network

43Port State Measures Adopted by RFMOs. Paragraph 63 of the IPOA-IUU calls upon States, acting through RFMOs, to consider schemes to restrictlandings and transshipments of fish harvested by non-members of the RFMO:States should consider developing within [RFMOs] port Statemeasures building on the presumption that fishing vessels entitledto fly the flag of States not parties to a [RFMO] and which havenot agreed to cooperate with that [RFMO], which are identified asbeing engaged in fishing activities in the area of that particularorganization, may be engaging in IUU fishing. Such port Statemeasures may prohibit landings and transshipment of catch unlessthe identified vessel can establish that the catch was taken in amanner consistent with those conservation and managementmeasures.In fact, a number of RFMOs have adopted port State schemes in recentyears. Some of these schemes follow the approach suggested by paragraph 63 ofthe IPOA-IUU, in that they deal exclusively with situations involving access toports of RFMO members by vessels of non-members. Other schemes involveport access by vessels of RFMO members as well. The following materialsummarizes the types of schemes that have been adopted to date.NAFO has adopted a regime of port State measures that apply whenvessels of NAFO members that have fished for NAFO-regulated stocks arevoluntarily in the ports of other members. In such cases, NAFO members mustensure that inspectors are present and that an inspection of the offloading processtakes place to verify the species and quantities caught and to collect a variety ofrelated information. The port State must transmit the results of the inspection tothe NAFO Secretariat and, upon request, to the flag State as well. 78In order to combat IUU fishing by vessels of non-members, NAFO hasalso adopted a Scheme to Promote Compliance by Non-Contracting PartyVessels with Conservation and Enforcement Measures Established by NAFO, 79which commits the port States of NAFO to implement certain additional controlmeasures. The Scheme presumes that a non-member vessel that has been sightedengaging in fishing activities 80 in the NAFO Regulatory Area is underminingNAFO conservation and enforcement measures. If such a vessel enters the port78 See Part VII of the NAFO Conservation and Enforcement Measures (NAFO/FC doc.01/1).79 NAFO/GC Doc. 97/6, attached as Appendix III to these guidelines.80 The NAFO Scheme defines “fishing activities” quite broadly to include, “fishing, fishprocessing operations, the transshipment of fish or fish products, and any other activity inpreparation for or related to fishing in the NAFO Regulatory Area.” As such, the Schemeapplies not only to fishing vessels but also to other types of vessels that engage in relatedactivities, including transport vessels.