Implementation of IPOA/IUU - International MCS Network

54States can also combat IUU fishing through the dissemination ofinformation to individuals and companies in their territories whose activities arerelated to fishing. Paragraph 73 of the IPOA-IUU calls on States to make suchindividuals and companies (“importers, transshippers, buyers, consumers,equipment suppliers, bankers, insurers, other services suppliers and the public”)aware of the detrimental effects of doing business with vessels identified asengaged in IUU fishing. Similarly, paragraph 74 calls on States to make theirfishers aware of the detrimental effects of doing business with others who dobusiness with IUU fishers. 108To fulfil these commitments, States could undertake publicitycampaigns using various media, including notices to the public, press releasesand targeted communications to relevant industry groups. Paragraphs 73 and 74also suggest that States could enact legislation that makes it a violation toconduct such business or to trade in fish or fish products derived from IUUfishing. Such legislation could be drafted along the lines of the model providedin footnote 25, supra, which is repeated here for the sake of convenience:A person subject to the jurisdiction of [State] who –(a) on his own account, or as partner, agent or employee ofanother person, lands, imports, exports, transports, sells, receives,acquires or purchases; or(b) causes or permits a person acting on his behalf, or usesa fishing vessel, to land, import, export, transport, sell, receive,acquire or purchase,any fish taken, possessed, transported or sold contrary to the law ofanother State or in a manner that undermines the effectiveness ofconservation and management measures adopted by a RegionalFisheries Management Organization shall be guilty of an offenceand shall be liable to pay a fine not exceeding (insert monetaryvalue).108 A number of RFMOs have also called on their members to take such measures. In1999, for example, the IOTC adopted a Resolution 99/02 (“Actions Against FishingActivities by Large-scale Flag of Convenience Longline Vessels”), which, among otherthings, called on IOTC members to urge importers and others in the market chain torefrain from any transactions involving this catch and to educate the public not topurchase product derived from this catch. ICCAT Resolution 99-11 contains very similarlanguage. Japan has provided guidance to its importers, transporters and equipmentmanufacturers, asking them to refrain voluntarily from conducting business with vesselsidentified by ICCAT as undermining ICCAT’s measures. See M. Komatsu, supra note 20.