63As noted in Section 3.2.5 <strong>of</strong> these guidelines, States should also seek tocoordinate their <strong>MCS</strong> activities through the <strong>International</strong> <strong>Network</strong> for theCooperation and Coordination <strong>of</strong> Fisheries-Related Monitoring, Control andSurveillance Activities.8.3.5 Comprehensive Port State RegimesThose RFMOs that have not already done so should consider theestablishment <strong>of</strong> comprehensive systems for port State measures for fishingvessels. Such systems should include requirements for inspection <strong>of</strong> vessels inport and exchange <strong>of</strong> information between port States and flag States in the eventinspections indicate the possibility <strong>of</strong> <strong>IUU</strong> fishing. The RFMOs should at aminimum consider mandatory inspection in port <strong>of</strong> all non-member fishingvessels, with obligations to report the findings <strong>of</strong> such inspections to the RFMO,which can disseminate the reports to other members.8.3.6 Certification/Documentation SchemesAs discussed in Section 7 above, RFMOs are the obvious fora fordeveloping and refining fisheries certification and documentation schemes.Though quite a few RFMOs have already done so, there may well be the needfor additional schemes, or for existing schemes to cover additional species thatare harvested or traded internationally. For some fisheries, particularly highvalue fisheries, RFMOs can compile trade data with which to monitor <strong>IUU</strong>fishing, as called for in paragraph 80.5 <strong>of</strong> the <strong>IPOA</strong>-<strong>IUU</strong>. However, theproliferation <strong>of</strong> such schemes has created a threat <strong>of</strong> its own, as the paperworkburden on legitimate fishers has increased steadily. To help address this problem,RMFOs should work together to standardize these schemes to the extent feasible,including through the use <strong>of</strong> electronic systems, and thus assist in theimplementation <strong>of</strong> paragraph 76 <strong>of</strong> the <strong>IPOA</strong>-<strong>IUU</strong>.8.3.7 Controls on CharteringAs discussed in Section 4 above and noted in paragraph 80.14 <strong>of</strong> the<strong>IPOA</strong>-<strong>IUU</strong>, RFMOs may have a role to play in ensuring that charteringarrangements for stocks under their purview do not lead to <strong>IUU</strong> fishing. Amongother things, agreed rules for chartering arrangements can ensure that vessels todo not engage in “flag hopping” to gain access to more than one member’squota. Chartering rules can also provide for the orderly development <strong>of</strong> fisheriesby developing States, while also allowing the RFMO to allocate access to fisheryresources in a fair and transparent manner.
648.3.8 Actions in Response to Remaining Non-member ProblemsAs noted above, paragraph 79 <strong>of</strong> the <strong>IPOA</strong>-<strong>IUU</strong> reaffirms that nonmembers<strong>of</strong> RFMOs are not discharged from their duty to cooperate. WhileRFMOs should certainly seek such cooperation by encouraging non-members tobecome members, or at least to obtain “cooperating” status, RFMOs must alsoconsider additional steps to deal with those non-members whose vessels continueto engage in <strong>IUU</strong> fishing.Some <strong>of</strong> the measures described earlier in this section are designed toaddress <strong>IUU</strong> fishing by vessels <strong>of</strong> both members and non-members (such asexchange <strong>of</strong> information, port inspection, certification and documentationschemes, etc.). In addition, paragraph 84 <strong>of</strong> the <strong>IPOA</strong>-<strong>IUU</strong> provides that:When a State fails to ensure that fishing vessels entitled to fly itsflag, or, to the greatest extent possible, its nationals, do not engagein <strong>IUU</strong> fishing activities that affect the fish stocks covered by arelevant [RFMO], the member States, acting through theorganization, should draw the problem to the attention <strong>of</strong> thatState. If the problem is not rectified, members <strong>of</strong> the organizationmay agree to adopt appropriate measures, through agreedprocedures, in accordance with international law.Increasingly, RFMOs have been drawing evidence <strong>of</strong> <strong>IUU</strong> fishing to theattention <strong>of</strong> non-member flag States. ICCAT members, for example, havedirected the ICCAT Secretariat to send dozens <strong>of</strong> inquiries and warnings to nonmemberswhose vessels appear to be undermining the effectiveness <strong>of</strong> ICCATmeasures. Failure <strong>of</strong> non-members to take corrective action can lead toidentification by ICCAT and, ultimately, to trade restrictions. NAFO andNEAFC members have directed their respective secretariats to send similarcommunications. In 2001, CCAMLR declared that its Secretariat will compileand maintain a list <strong>of</strong> flags <strong>of</strong> convenience <strong>of</strong> vessels operating in the CCAMLRregion, together with a consistent process for identifying such flags. 130Other RFMOs may need to take similar measures to address persistent<strong>IUU</strong> fishing by non-members. Flag States whose vessels undermine theeffectiveness <strong>of</strong> measures adopted by a RFMO are failing to abide by theirinternational commitments. Where repeated attempts to seek the cooperation <strong>of</strong>such States fail or are ignored, other States, acting through RFMOs, must takeaction, using tools set forth in the <strong>IPOA</strong>-<strong>IUU</strong>.130 See Report <strong>of</strong> the 2001 CCAMLR meeting, paragraph 5.20.
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iiiPREPARATION OF THIS DOCUMENTThe
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vThe IPOA-IUU is voluntary. However
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viii6.2 Examples of some port State
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xiBACKGROUND1. From ancient times,
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xiii11. The Code is voluntary. Howe
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1. INTERNATIONAL PLAN OF ACTION - I
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3Since the late 1990s, a number of
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5(1) conducted by national or forei
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7flag States, coastal States and Po
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9In light of this, the very first
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11the vessels rarely if ever visit
- Page 26 and 27: 13For example, Japan requires its n
- Page 28 and 29: 15IUU fishing on the high seas. 27
- Page 30 and 31: 17end all forms of government econo
- Page 32 and 33: 19developing States, 36 have introd
- Page 34 and 35: 21If the vessel is fishing on the h
- Page 36 and 37: 23registering a vessel that has a h
- Page 38 and 39: 25RFMOs have a role to play in ensu
- Page 40 and 41: 27FAO, in turn, will make available
- Page 42 and 43: 29species can be caught, what gear
- Page 44 and 45: 31Flag States are also encouraged t
- Page 46 and 47: 33cases, fishing vessels registered
- Page 48: 35light of this, paragraph 51 of th
- Page 51 and 52: 38transshipment at sea is prohibite
- Page 53 and 54: 40supported IUU fishing. For exampl
- Page 55 and 56: 42Japan prohibits port calls by tun
- Page 57 and 58: 44of a NAFO member, it must be insp
- Page 59 and 60: 46discussed in Section 7 of these g
- Page 61 and 62: 48products harvested through IUU fi
- Page 63 and 64: 50products. On the basis of that da
- Page 65 and 66: 52question, while the latter only c
- Page 67 and 68: 54States can also combat IUU fishin
- Page 69 and 70: 56RFMOs engage in IUU fishing. No s
- Page 71 and 72: 588.3 Possibilities for Further Act
- Page 73 and 74: 60resolutions calling on those memb
- Page 75: 62landings, port control, and inspe
- Page 79 and 80: 66As a result, IUU fishers often co
- Page 81 and 82: 68A number of other developed State
- Page 83 and 84: 702.4 Measures to control transport
- Page 85 and 86: 10.3 Suggested Format for Reports t
- Page 87 and 88: 74Flag States should closely contro
- Page 89 and 90: 76A coastal State should consider r
- Page 91 and 92: 78To assist States in implementing
- Page 93 and 94: 12. LITERATURE CITED80Agnew, D.J. 2
- Page 95 and 96: 82Greenpeace. 2001. Pirate Fishing:
- Page 97 and 98: 84II. NATURE AND SCOPE OF IUU FISHI
- Page 99 and 100: 86to the Conservation and Managemen
- Page 101 and 102: National Legislation88Legislation16
- Page 103 and 104: 90National Plans of Action25. State
- Page 105 and 106: 9236.2 having taken into account al
- Page 107 and 108: 9446.3 the species, fishing gear au
- Page 109 and 110: 9651.2 cooperation and exchange of
- Page 111 and 112: 98general operating guidelines for
- Page 113 and 114: 100and should consider measures to
- Page 115 and 116: 10280.9 development of observer pro
- Page 117 and 118: 10486.3 the strengthening of region
- Page 119 and 120: 106Articles V, VI, and VII of the A
- Page 121 and 122: 1084.2 To the greatest extent pract
- Page 123 and 124: 110• Compliance with other aspect
- Page 125 and 126: 1126. Information regarding such si
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114Annex ACommon English Name Scien
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1164. Parties shall consider and ac
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118Committed to take steps, consist
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1209. An export-validated Dissostic
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122APPENDIX VIWEBSITES OF SELECTED