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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46discussed in Section 7 <strong>of</strong> these guidelines, also requires action on the part <strong>of</strong> portState <strong>of</strong>ficials.Paragraph 63 <strong>of</strong> the <strong>IPOA</strong>-<strong>IUU</strong> seeks to promote the sorts <strong>of</strong> schemesalready adopted by NAFO, NEAFC, ICCAT and CCAMLR for addressing nonmemberfishing through the use <strong>of</strong> port State measures. In one important respect,however, the <strong>IPOA</strong>-<strong>IUU</strong> suggests an improvement in these sorts <strong>of</strong> schemes. Therelevant decisions <strong>of</strong> these RFMOs each depend on the actual sighting <strong>of</strong> a nonmembervessel in order to trigger the presumption that the vessel has beenundermining the RFMO’s measures. The capacity <strong>of</strong> States to make suchsightings is very limited, unfortunately, especially where the RFMO hasresponsibilities relating to fisheries over vast ocean areas (as in the case <strong>of</strong>ICCAT, CCAMLR and a number <strong>of</strong> other RFMOs).With this problem in mind, the <strong>IPOA</strong>-<strong>IUU</strong> suggests that thepresumption in question should be triggered when a non-member vessel isidentified as being engaged in fishing activities. This broader term would allowthe presumption to be triggered when, for example, the analysis <strong>of</strong> trade datasuggests that a vessel is engaged in <strong>IUU</strong> fishing in waters under theresponsibility <strong>of</strong> a given RFMO.6.3 Other Possibilities for CoordinationIn order to prevent, deter and eliminate <strong>IUU</strong> fishing within a givenregion, the possibility <strong>of</strong> additional agreements on port State measures should beconsidered. Ideally, such agreements would involve members <strong>of</strong> any RFMO aswell as non-members whose ports are known to be used for landing ortransshipping fish regulated by the RFMO.It is also recommended to formalize co-operation among RFMOs. Suchcooperation would be essential in areas where <strong>IUU</strong> fishing is the concern <strong>of</strong> twoor more regional bodies. For example, the conservation and management <strong>of</strong> fishresources in the Atlantic Ocean is the responsibility <strong>of</strong> several RFMOs. Acomprehensive port State system would mean that <strong>IUU</strong> fishing within the area <strong>of</strong>responsibility <strong>of</strong> one RFMO should trigger action by port States that aremembers <strong>of</strong> other RFMOs.A regional system <strong>of</strong> port State measures could also entail commonprocedures for inspection, qualification requirements for inspection <strong>of</strong>ficers andagreed consequences for vessels found to be in non-compliance. Possiblecommon elements could also include, in addition to denial <strong>of</strong> port access and/or