83APPENDIX IINTERNATIONAL PLAN OF ACTIONTO PREVENT, DETER AND ELIMINATE ILLEGAL, UNREPORTEDAND UNREGULATED FISHINGI. INTRODUCTION1. In the context <strong>of</strong> the Code <strong>of</strong> Conduct for Responsible Fisheries andits overall objective <strong>of</strong> sustainable fisheries, the issue <strong>of</strong> illegal, unreported andunregulated (<strong>IUU</strong>) fishing in world fisheries is <strong>of</strong> serious and increasing concern.<strong>IUU</strong> fishing undermines efforts to conserve and manage fish stocks in all capturefisheries. When confronted with <strong>IUU</strong> fishing, national and regional fisheriesmanagement organizations can fail to achieve management goals. This situationleads to the loss <strong>of</strong> both short and long-term social and economic opportunitiesand to negative effects on food security and environmental protection. <strong>IUU</strong>fishing can lead to the collapse <strong>of</strong> a fishery or seriously impair efforts to rebuildstocks that have already been depleted. Existing international instrumentsaddressing <strong>IUU</strong> fishing have not been effective due to a lack <strong>of</strong> political will,priority, capacity and resources to ratify or accede to and implement them.2. The Twenty-third Session <strong>of</strong> the FAO Committee on Fisheries (COFI)in February 1999 addressed the need to prevent, deter and eliminate <strong>IUU</strong> fishing.The Committee was concerned about information presented indicating increasesin <strong>IUU</strong> fishing, including fishing vessels flying “flags <strong>of</strong> convenience”. Shortlyafterwards, an FAO Ministerial Meeting on Fisheries in March 1999 declaredthat, without prejudice to the rights and obligations <strong>of</strong> States under internationallaw, FAO “will develop a global plan <strong>of</strong> action to deal effectively with all forms<strong>of</strong> illegal, unregulated and unreported fishing including fishing vessels flying“flags <strong>of</strong> convenience” through coordinated efforts by States, FAO, relevantregional fisheries management bodies and other relevant international agenciessuch as the <strong>International</strong> Maritime Organization (IMO), as provided in Article IV<strong>of</strong> the Code <strong>of</strong> Conduct. The Government <strong>of</strong> Australia, in cooperation withFAO, organized an Expert Consultation on Illegal, Unreported and UnregulatedFishing in Sydney, Australia, from 15 to 19 May 2000. Subsequently, an FAOTechnical Consultation on Illegal, Unreported and Unregulated Fishing was heldin Rome from 2 to 6 October 2000 and a further Technical Consultation was heldin Rome from 22 to 23 February 2001. The draft <strong>International</strong> Plan <strong>of</strong> Action toPrevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing wasadopted by the Consultation on 23 February 2001 with a request that the reportbe submitted to the Twenty-fourth Session <strong>of</strong> COFI for consideration andeventual adoption. COFI approved the <strong>International</strong> Plan <strong>of</strong> Action, byconsensus, on 2 March 2001. In doing so, the Committee urged all Members totake the necessary steps to effectively implement the <strong>International</strong> Plan <strong>of</strong>Action.
84II. NATURE AND SCOPE OF <strong>IUU</strong> FISHING AND THEINTERNATIONAL PLAN OF ACTION3. In this document:3.1 Illegal fishing refers to activities:3.1.1 conducted by national or foreign vessels in waters under thejurisdiction <strong>of</strong> a State, without the permission <strong>of</strong> that State, or incontravention <strong>of</strong> its laws and regulations;3.1.2 conducted by vessels flying the flag <strong>of</strong> States that are parties toa relevant regional fisheries management organization but operate incontravention <strong>of</strong> the conservation and management measures adoptedby that organization and by which the States are bound, or relevantprovisions <strong>of</strong> the applicable international law; or3.1.3 in violation <strong>of</strong> national laws or international obligations,including those undertaken by cooperating States to a relevantregional fisheries management organization.3.2 Unreported fishing refers to fishing activities:3.2.1 which have not been reported, or have been misreported, to therelevant national authority, in contravention <strong>of</strong> national laws andregulations; or3.2.2 undertaken in the area <strong>of</strong> competence <strong>of</strong> a relevant regionalfisheries management organization which have not been reported orhave been misreported, in contravention <strong>of</strong> the reporting procedures <strong>of</strong>that organization.3.3 Unregulated fishing refers to fishing activities:3.3.1 in the area <strong>of</strong> application <strong>of</strong> a relevant regional fisheriesmanagement organization that are conducted by vessels withoutnationality, or by those flying the flag <strong>of</strong> a State not party to thatorganization, or by a fishing entity, in a manner that is not consistentwith or contravenes the conservation and management measures <strong>of</strong>that organization; or3.3.2 in areas or for fish stocks in relation to which there are noapplicable conservation or management measures and where suchfishing activities are conducted in a manner inconsistent with Stateresponsibilities for the conservation <strong>of</strong> living marine resources underinternational law.
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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
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15IUU fishing on the high seas. 27
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17end all forms of government econo
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19developing States, 36 have introd
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21If the vessel is fishing on the h
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23registering a vessel that has a h
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25RFMOs have a role to play in ensu
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27FAO, in turn, will make available
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29species can be caught, what gear
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31Flag States are also encouraged t
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- Page 73 and 74: 60resolutions calling on those memb
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- Page 79 and 80: 66As a result, IUU fishers often co
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- Page 87 and 88: 74Flag States should closely contro
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- Page 93 and 94: 12. LITERATURE CITED80Agnew, D.J. 2
- Page 95: 82Greenpeace. 2001. Pirate Fishing:
- Page 99 and 100: 86to the Conservation and Managemen
- Page 101 and 102: National Legislation88Legislation16
- Page 103 and 104: 90National Plans of Action25. State
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- Page 113 and 114: 100and should consider measures to
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- Page 119 and 120: 106Articles V, VI, and VII of the A
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- Page 123 and 124: 110• Compliance with other aspect
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- Page 127 and 128: 114Annex ACommon English Name Scien
- Page 129 and 130: 1164. Parties shall consider and ac
- Page 131 and 132: 118Committed to take steps, consist
- Page 133 and 134: 1209. An export-validated Dissostic
- Page 135: 122APPENDIX VIWEBSITES OF SELECTED