Implementation of IPOA/IUU - International MCS Network

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658.3.9 Cooperation among RFMOs and between RFMOs and otherInternational OrganizationsFinally, RFMOs should enhance the coordination of their actions toprevent, deter and eliminate IUU fishing. Many RFMOs and related institutionshave begun to do so, or at least have expressed the intention of doing so. 131 Inparticular, RFMOs must increase the speed and scope of the exchange ofinformation on IUU fishing, particularly with respect to fleet movement,compliance, management and trade. 132While the mobility of fishing fleets makes cooperation among allRFMOs a necessity, this is particularly true in regions where IUU fishing is theconcern of two or more RFMOs. One possibility for reducing IUU fishingthroughout such a region would be to link measures adopted by one RFMO withthose of the others in that region. For example, ICCAT, NAFO, NEAFC, GFCMand SEAFO could conceivably have an interlocking system for port Statemeasures with respect to fisheries in the Atlantic region. 133Other international organizations and mechanisms can contribute toimplementation of the IPOA-IUU as well. In 1999, for example, the APECFisheries Working Group adopted recommendations on the issuance of “flags ofconvenience” and on IUU fishing. These actions recommended that each APECmember economy, among other things, discourage its nationals and companiesfrom engaging in activities on fishing vessels that are undermining fisheryconservation and management regimes, and promote international cooperationfor progressively eliminating such activities. The recommendations also calledupon member economies to participate fully in efforts to deal effectively with allforms of IUU fishing, including fishing by vessels flying “flags ofconvenience.” 1349. SPECIAL REQUIREMENTS OF DEVELOPING COUNTRIESDeveloping States, particularly small island developing States and otherdeveloping coastal States, are among those that suffer the most from the adverseeffects of IUU fishing. With the exception of some developing States with largefishery sectors, most governments in developing States lack the resources andinfrastructure to monitor and enforce capture fishery regulations effectively.131 CCAMLR, CCSBT, FFA, IATTC, IBSFC, ICCAT, IOTC, NAFO, NASCO, NEAFCand NPAFC report participation in, or plans for, coordination with other RFMOs.132 J. Swan, supra note 113.133 For further discussion of this concept, see T. Lobach, supra note 34.134 M. Komatsu, supra note 20.
66As a result, IUU fishers often conduct their operations in waters underthe jurisdiction of developing States, using vessels registered in the developingcoastal States themselves (fishing without licenses or in violation of licenserestrictions) and vessels registered in other States (poaching or fishing inviolation of access restrictions). Many of the problems of IUU fishing thatdeveloping coastal States face are common to other States as well (e.g., fishingduring closed seasons and in closed areas, use of prohibited gear, misreportingand non-reporting of catch and by-catch, etc.).Section V (Paragraphs 85 and 86) of the IPOA-IUU calls upon States,with the support of FAO and relevant international financial institutions andmechanisms, where appropriate, to support training and capacity building and toconsider providing financial, technical and other assistance to developingcountries so that they can more fully meet their commitments under the IPOA-IUU and other relevant obligations under international law, including their dutiesas flag States, coastal States and port States. Such assistance should be directedin particular to help such States in the development and implementation ofNPOAs. 135These guidelines are intended, in part, to provide guidance todeveloping States on implementation of the IPOA-IUU. Examples of other ongoingFAO initiatives to assist developing States in their efforts to deter, preventand eliminate IUU fishing include:the Inter-regional Programme of Assistance to DevelopingCountries for the Implementation of the Code of Conduct forResponsible Fisheries (Sub-Programme C: Assistance toDeveloping Countries for Upgrading their Capabilities inMonitoring, Control and Surveillance) 136provision of individual advice to developing States in addressingproblems of IUU fishing. In 2001, for example, FAO provided anumber of suggestions to the Government of India on this subject.135 The United Nations General Assembly has also recently called on its members toprovide assistance to developing States to improve monitoring and control of fishingactivities and the enforcement of fishing regulations. See UNGA Resolution 55/8, adopted30 October 2000.136 The programme has been undertaken since 1998 within the FAO/Government ofNorway Cooperative Programme. Regional workshops and training courses in MCS wereheld in 1998 in Kuala Lumpur and Kuala Terengganu, Malaysia, for countries of Southand Southeast Asia; Muscat, Sultanate of Oman in 1999 for countries of the NorthwestIndian Ocean region; and in Songkhla, Thailand in 2000 for southeast Asian countries.This programme was preceded by the Fisheries Management and Law AdvisoryProgramme, also funded by Norway, which provided advice and assistance on matterswhich, today, would be embraced by the IPOA-IUU.
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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
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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 and 76: 62landings, port control, and inspe
Page 77: 648.3.8 Actions in Response to Rema
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
Page 127 and 128: 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
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