Implementation of IPOA/IUU - International MCS Network

77immediately to report the matter to the flag State; andif the suspected IUU fishing may have taken place in waters under thejurisdiction of another State or in waters under the purview of a RFMO,immediately report the matter to that State and/or RFMO as well.If the suspected IUU fishing may have taken place in waters under thejurisdiction of the port State, that State should exercise its jurisdiction as acoastal State to investigate and, if appropriate, prosecute and penalize thoseresponsible for the IUU fishing.If the suspected IUU fishing may have taken place in waters beyond thejurisdiction of the port State, the port State may take action against thevessel and its operators with the consent of, or at the request of, the flagState.Port States, acting in cooperation and in particular through RFMOs, shouldadopt and/or strengthen schemes to prevent landings and transshipments offish harvested through IUU fishing.Port States, acting through RFMOs, should strengthen schemes foraddressing non-member fishing by adopting a presumption against landingsby non-member vessels that are identified as having engaged in IUU fishing(and not only against vessels that are actually sighted while engaging in IUUfishing).Internationally Agreed Market-Related MeasuresStates should develop internationally agreed market-related measures toprevent, deter and eliminate IUU fishing. Such measures should beinterpreted and applied in accordance with the principles, rights andobligations established by the WTO and implemented in a fair, transparentand non-discriminatory manner.RFMOs should identify vessels that have engaged in IUU fishing. Whereidentified vessels repeatedly fly the flag of a particular State, the RFMOshould also identify that flag State and urge it to bring the fishing activitiesof its vessels under control.States should take all steps necessary, consistent with international law, toprevent fish caught by vessels identified by an RFMO to have been engagedin IUU fishing being traded or imported into their territories.