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Implementation of IPOA/IUU - International MCS Network

Implementation of IPOA/IUU - International MCS Network

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558. IMPLEMENTATION OF THE <strong>IPOA</strong>-<strong>IUU</strong> THROUGH RFMOS8.1 Role <strong>of</strong> RFMOs in Addressing <strong>IUU</strong> FishingAs the preceding sections have demonstrated, RFMOs 109 have a centralrole to play in preventing, deterring and eliminating <strong>IUU</strong> fishing. Many <strong>of</strong> theworld’s most valuable stocks <strong>of</strong> fish, and a large number <strong>of</strong> those stocks mostsubject to significant <strong>IUU</strong> fishing, fall under the purview <strong>of</strong> RFMOs.Accordingly, RFMOs are uniquely positioned to promote and coordinate effortsto implement the <strong>IPOA</strong>-<strong>IUU</strong>.The RFMOs in existence today vary greatly in their mandates, legalauthorities, membership and geographical coverage. Some RFMOs have been inoperation for decades, while others are only now coming into existence. 110 Yetdespite these differences among the RFMOs, recent international instrumentshave called upon States to strengthen the capacities <strong>of</strong> RFMOs in general and toestablish new RFMOs to cover regions and/or fish stocks that are not yetcovered. 111 The <strong>IPOA</strong>-<strong>IUU</strong> has echoed these calls for strengthening the breadthand capacities <strong>of</strong> RFMOs in order to deal more effectively with problems <strong>of</strong> <strong>IUU</strong>fishing. 112 Many RFMOs face similar problems <strong>of</strong> <strong>IUU</strong> fishing. As stocks decline,a number <strong>of</strong> RFMOs have adopted increasingly stringent rules to manage thefisheries for which they are responsible. Some fishing vessels comply with thestricter rules, but others choose to ignore the rules or to register in States that arenot members <strong>of</strong> the RFMOs and are thus not directly bound by the rules. In thisrespect, it must be emphasized that vessels <strong>of</strong> both members and non-members <strong>of</strong>109 The term “regional fishery management organization” (RFMO) would appear to besomewhat narrower than the term “regional fishery body or arrangement”. Meetings <strong>of</strong>“FAO and Non-FAO Regional Fishery Bodies or Arrangements” in 1999 and 2001 haveincluded representatives from more than 30 international institutions that have someresponsibility for fisheries issues. A number <strong>of</strong> these institutions, however, have nomandate for fishery management as such and, hence, would not be covered by the term“RFMO”.110 The Convention on the Conservation and Management <strong>of</strong> Highly Migratory FishStocks in the Western and Central Pacific Ocean, which will establish the Commission forthe Conservation and Management <strong>of</strong> Highly Migratory Fish Stocks in the Western andCentral Pacific Ocean, was opened for signature on 5 September 2000. The Conventionon the Conservation and Management <strong>of</strong> Fishery Resources in the South-East AtlanticOcean, which will establish the South-East Atlantic Fisheries Commission, was openedfor signature on 20 April 2001.111 See, e.g. article 13 <strong>of</strong> the UN Fish Stocks Agreement and, more generally, variousprovisions <strong>of</strong> article 7 <strong>of</strong> the Code <strong>of</strong> Conduct.112 Paragraph 80 <strong>of</strong> the <strong>IPOA</strong>-<strong>IUU</strong> calls for institutional strengthening <strong>of</strong> RFMOs to dealmore effectively with <strong>IUU</strong> fishing. Paragraph 78 <strong>of</strong> the <strong>IPOA</strong>-<strong>IUU</strong> reaffirms the call toestablish RFMOs where they do not yet exist.

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