Implementation of IPOA/IUU - International MCS Network

588.3 Possibilities for Further ActionParagraph 80 of the IPOA-IUU suggests a number of ways in whichStates, acting through RFMOs, can do more to prevent, deter and eliminate IUUfishing. The following material reviews these suggestions in further detail.8.3.1 Institutional StrengtheningAt the most basic level, members of RFMOs should ensure that theRFMOs as institutions have the resources necessary to carry out their assignedfunctions. This entails, among other things, the adoption of realistic budgets andthe prompt payment of assessed contributions.Institutional strengthening must take place on a broader level as well.The IPOA-IUU reaffirms that States have a duty to cooperate with RFMOs andthat they should give effect to that duty either by becoming members of RFMOsor at least by ensuring that their vessels do not undermine measures adopted byRFMOs. 116 In turn, RFMOs should encourage non-members with a real interestin the fishery concerned to become members or should at least develop ways tofacilitate cooperation by non-members in the work of RFMOs. 117On the basis of these concepts, many RFMOs could strengthen theirinstitutional regimes to deal with IUU fishing by creating more positive bases forinteracting with non-members. As noted above, RFMOs are increasingly invitingnon-members to become members or at least to attain “cooperating” status. 118These trends should be continued, as RFMOs cannot hope to manage fisherieseffectively if vessels of non-members participate in the fisheries without regardfor the measures adopted by the RFMO.For those States that are not yet willing to join RFMOs (or for thoseentities not eligible to join), “cooperating” status can provide a flexiblearrangement that can reduce the possibility of IUU fishing and enhance theintegrity of RFMOs overall. Although the terms and conditions of “cooperating”status can be tailored to fit the particular circumstances of a given RFMO, thebasic idea is to create an understanding along the following lines. Those granted“cooperating” status by a RFMO would agree to abide by the basic conservation116 See paragraph 79 of the IPOA-IUU. This provision is drawn in part from article 8(3) ofthe 1995 UN Fish Stocks Agreement.117 See paragraph 83 of the IPOA-IUU. This provision is also drawn in part from article8(3) of the 1995 UN Fish Stocks Agreement.118 See, e.g. GFCM Resolution 97/2, adopted at its Twenty-second Session; ICCATResolution 94-6 on Coordination with Non-Contracting Parties, and ICCAT Resolution97-17 on Becoming a Cooperation Party, Entity or Fishing Entity; Resolution of the IOTCConcerning Cooperation with Non-Contracting Parties (Annex M to the Report of theThird Session of IOTC).