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Implementation of IPOA/IUU - International MCS Network

Implementation of IPOA/IUU - International MCS Network

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48products harvested through <strong>IUU</strong> fishing while not creating unnecessary barriersto trade in other fish and fish products.Although the <strong>IPOA</strong>-<strong>IUU</strong> does not define “market-related measure,” thatterm is generally understood to encompass several types <strong>of</strong> controls on theimportation and exportation <strong>of</strong> goods. In the context <strong>of</strong> creating a “toolbox” tocombat <strong>IUU</strong> fishing, examples <strong>of</strong> such measures mentioned in the <strong>IPOA</strong>-<strong>IUU</strong>include multilateral catch certification and trade documentation requirements, aswell as import and export restrictions and prohibitions. 917.1 Actions by RFMOsAs noted above, the <strong>IPOA</strong>-<strong>IUU</strong> 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 <strong>of</strong> market-related measures to combat <strong>IUU</strong> fishing.There are several vital functions that RFMOs can perform with respectto market-related measures. One is to identify vessels that have engaged in <strong>IUU</strong>fishing for stocks under the purview <strong>of</strong> the RFMO. The <strong>IPOA</strong>-<strong>IUU</strong> provides thatthe identification <strong>of</strong> such vessels should be made through agreed procedures in afair, transparent and non-discriminatory manner. Where the identified vesselsrepeatedly fly the flag <strong>of</strong> a particular State, the RFMO can also identify that flagState and urge that State to bring the fishing activities <strong>of</strong> its vessels undercontrol.The identifications <strong>of</strong> vessels and flag States can trigger the marketrelatedmeasures envisioned in the <strong>IPOA</strong>-<strong>IUU</strong>. In particular, paragraph 66 <strong>of</strong> the<strong>IPOA</strong>-<strong>IUU</strong> 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 <strong>IUU</strong> 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 <strong>of</strong> that vessel.RFMOs can assist in this regard by developing and adopting catch certificationand trade documentation schemes. These schemes can help prevent, deter andeliminate <strong>IUU</strong> 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 <strong>of</strong> fish in port by foreignvessels could also be viewed as “market-related measures.” However, the <strong>IPOA</strong>-<strong>IUU</strong> andthese guidelines consider such measures to fall within the category <strong>of</strong> port State measures.

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