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Implementation of IPOA/IUU - International MCS Network

Implementation of IPOA/IUU - International MCS Network

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60resolutions calling on those members who file objections (1) to justify theirobjections; (2) to impose restrictions on their vessels comparable in effectivenessto the measure objected to; and (3) to make known the restrictions that areimposed in lieu <strong>of</strong> the measure objected to.8.3.2 Additional Compliance MeasuresRFMOs should also develop additional means to promote complianceby their members with adopted conservation and management measures. Onefundamental approach that could be better employed is for RFMOs to limit ordeny access to the fisheries resources under their purview to fishing vessels <strong>of</strong>members that do not comply with the measures adopted by the RFMOs,including any obligations to report fisheries data. 121 Another approach, underconsideration by CCAMLR and NEAFC, is for all members <strong>of</strong> RFMOs to denylicenses to fish and port access to any vessels identified by the RFMO as havingbeen involved in <strong>IUU</strong> fishing, even if the vessels have subsequently beenrenamed or registered in new States.RFMOs can encourage the application <strong>of</strong> consistent penalties imposedon <strong>IUU</strong> fishers. To this end, Paragraph 21 <strong>of</strong> the <strong>IPOA</strong>-<strong>IUU</strong> calls on each Stateto:ensure that sanctions for <strong>IUU</strong> fishing by vessels and, to thegreatest extent possible, nationals under its jurisdiction are <strong>of</strong>sufficient severity to effectively prevent, deter and eliminate <strong>IUU</strong>fishing and to deprive <strong>of</strong>fenders <strong>of</strong> the benefits accruing from suchfishing. This may include the adoption <strong>of</strong> a civil sanction regimebased on an administrative penalty scheme. States should ensurethe consistent and transparent application <strong>of</strong> sanctions.To promote consistency and transparency in the application <strong>of</strong>sanctions, RFMOs can take steps to urge their members to develop equivalent orstandardized penalty schemes. For example, the Convention establishing NPAFChas given that RFMO the authority to “consider and make proposals to theParties for the enactment <strong>of</strong> schedules <strong>of</strong> equivalent penalties for activitiescontrary to the provisions <strong>of</strong> this Convention.” 122 Another approach is the oneadopted by the <strong>International</strong> Dolphin Conservation Program administered by theIATTC, under which a panel <strong>of</strong> government, industry and environmentalrepresentatives analyse reports <strong>of</strong> tuna-fishing trips, identify possible infractions,121 In 2001, for example, ICCAT adopted new criteria for allocating its stocks. One <strong>of</strong> thecriteria to be taken into account in making quota allocations is “the record <strong>of</strong> complianceor cooperation by qualifying participants with ICCAT’s conservation and managementmeasures.”122 Convention for the Conservation <strong>of</strong> Anadromous Stocks in the North Pacific Ocean,article IX.

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