Implementation of IPOA/IUU - International MCS Network

648.3.8 Actions in Response to Remaining Non-member ProblemsAs noted above, paragraph 79 of the IPOA-IUU reaffirms that nonmembersof 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 IUU fishing.Some of the measures described earlier in this section are designed toaddress IUU fishing by vessels of both members and non-members (such asexchange of information, port inspection, certification and documentationschemes, etc.). In addition, paragraph 84 of the IPOA-IUU 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 IUU fishing activities that affect the fish stocks covered by arelevant [RFMO], the member States, acting through theorganization, should draw the problem to the attention of thatState. If the problem is not rectified, members of the organizationmay agree to adopt appropriate measures, through agreedprocedures, in accordance with international law.Increasingly, RFMOs have been drawing evidence of IUU fishing to theattention of non-member flag States. ICCAT members, for example, havedirected the ICCAT Secretariat to send dozens of inquiries and warnings to nonmemberswhose vessels appear to be undermining the effectiveness of ICCATmeasures. Failure of 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 of flags of convenience of vessels operating in the CCAMLRregion, together with a consistent process for identifying such flags. 130Other RFMOs may need to take similar measures to address persistentIUU fishing by non-members. Flag States whose vessels undermine theeffectiveness of measures adopted by a RFMO are failing to abide by theirinternational commitments. Where repeated attempts to seek the cooperation ofsuch States fail or are ignored, other States, acting through RFMOs, must takeaction, using tools set forth in the IPOA-IUU.130 See Report of the 2001 CCAMLR meeting, paragraph 5.20.