Implementation of IPOA/IUU - International MCS Network

More documents

Recommendations

Info

47landing and transshipment of catch, denial of requests for fishing access tocoastal State waters and denial of requests for vessel registration. 887. INTERNATIONALLY AGREED MARKET-RELATEDMEASURESInternational trade in fish and fisheries products has increaseddramatically in recent decades. Statistics available to FAO show that, in 1998,virtually all States exported part of their fisheries production, while almost asmany States reported fishery imports. In 1988, despite a slight downturn dueprimarily to the global economic situation, the volume of world-wide exportswas almost 50 million tons, valued at $51.3 billion (U.S.), which is nearly threetimes the volume traded in 1976. When converted into estimated live weightequivalent, this trade represents approximately one third of overall fisheriesproduction. 89There are no reliable data to indicate precisely how much of the fish andfisheries products traded internationally are the result of IUU fishing. However, anumber of the fish species that figure most prominently in international trade,including tunas and swordfish, are also species known to be targeted by IUUfishers.The development of the IPOA-IUU took place against the backdrop of avariety of multilateral efforts already underway to restrict international trade infish and fisheries products harvested through IUU fishing. The IPOA-IUU callsupon all States to develop additional internationally agreed market-relatedmeasures to prevent, deter and eliminate IUU fishing. Such measures must beinterpreted and applied in accordance with the principles, rights and obligationsestablished by the WTO 90 and implemented in a fair, transparent and nondiscriminatorymanner. The goal is to prevent international trade in fish and fish88 The Joint FAO/IMO Ad hoc Working Group on Illegal, Unreported and UnregulatedFishing and Related Matters, which met in Rome 9-11 October 2000, recognized that themechanism of international or regional Memoranda of Understanding relating to portState control over fishing vessels could be used as an important and effective tool forenhancing fisheries management and for addressing the issue of IUU fishing. Existingregional MOUs for vessels safety and pollution control may provide useful models forport state control over fishing vessels. In addition, national and international experts inthese maritime fields may have experience that could benefit the development ofanalogous instruments and procedures for combating IUU fishing.89 SOFIA 2000, p. 34.90 For further discussion, see “Illegal, Unreported and Unregulated Fishing: WTO-Consistent Trade Related Measures to Address IUU Fishing,” by Linda Chaves (“WTOrules provide flexibility to use trade measures for conservation purposes, subject to certainsafeguards against abuse”).
48products harvested through IUU fishing while not creating unnecessary barriersto trade in other fish and fish products.Although the IPOA-IUU does not define “market-related measure,” thatterm is generally understood to encompass several types of controls on theimportation and exportation of goods. In the context of creating a “toolbox” tocombat IUU fishing, examples of such measures mentioned in the IPOA-IUUinclude multilateral catch certification and trade documentation requirements, aswell as import and export restrictions and prohibitions. 917.1 Actions by RFMOsAs noted above, the IPOA-IUU calls for market-related measures thatare “internationally agreed.” In this respect, RFMOs have served, and will likelycontinue to serve, as the primary international bodies for development andadoption of market-related measures to combat IUU fishing.There are several vital functions that RFMOs can perform with respectto market-related measures. One is to identify vessels that have engaged in IUUfishing for stocks under the purview of the RFMO. The IPOA-IUU provides thatthe identification of such vessels should be made through agreed procedures in afair, transparent and non-discriminatory manner. Where the identified vesselsrepeatedly fly the flag of a particular State, the RFMO can also identify that flagState and urge that State to bring the fishing activities of its vessels undercontrol.The identifications of vessels and flag States can trigger the marketrelatedmeasures envisioned in the IPOA-IUU. In particular, paragraph 66 of theIPOA-IUU provides that:States should take all steps necessary, consistent with internationallaw, to prevent fish caught by vessels identified by the relevant[RFMO] to have been engaged in IUU fishing being traded orimported into their territories.To fulfil this commitment, States must have some way to know whichvessel harvested a particular fish or, at a minimum, the flag State of that vessel.RFMOs can assist in this regard by developing and adopting catch certificationand trade documentation schemes. These schemes can help prevent, deter andeliminate IUU fishing by requiring that fish and fish products must beaccompanied by forms indicating, for example, when and where the fish were91 Restrictions or prohibitions on the landing or transshipment of fish in port by foreignvessels could also be viewed as “market-related measures.” However, the IPOA-IUU andthese guidelines consider such measures to fall within the category of port State measures.
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 51 and 52: 38transshipment at sea is prohibite
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: 46discussed in Section 7 of these g
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
Page 105 and 106: 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
Page 117 and 118:
10486.3 the strengthening of region
Page 119 and 120:
106Articles V, VI, and VII of the A
Page 121 and 122:
1084.2 To the greatest extent pract
Page 123 and 124:
110• Compliance with other aspect
Page 125 and 126:
1126. Information regarding such si
Page 127 and 128:
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
show all

Implementation of IPOA/IUU - International MCS Network

Create successful ePaper yourself

Delete template?

Save as template?