Judith Swan
Consultant
International Institutions and Liaison Service
FAO Fisheries Department
FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS
Rome, 2002
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II. POST-UNCED INTERNATIONAL INSTRUMENTS
1. Introduction
2. Cross-Cutting Areas
3. The Instruments3.1 The 1982 Convention
3.2 The 1986 Convention on the Registration of Ships
3.3 The 1993 FAO Compliance Agreement
3.4 The 1995 UN Fish Stocks Agreement
3.5 The 1995 FAO Code of Conduct
3.6 The FAO IPOA on IUU Fishing (FAO IPOA-IUU)3.6.1 Fishing Vessel Registration
3.6.2 Record of Fishing Vessels
3.6.3 Authorization to Fish
III. RATIONALE FOR THE OPERATION OF OPEN REGISTERS
1. Operation of Open Registers by States
2. Use of Open Registers by Shipowners
3. Use of Open Registers by Fishing Fleets3.1 Increase in Number of Fishing Vessels on Open Registers
3.2 Vessel Size
3.3 Possible Rationales3.3.1 Originating State Party to International Instruments
3.3.2 Open Registry State Party to International Instruments
3.3.3 Implementation of International Instruments by Open Registry States
3.3.4 Avoidance of International Conservation and Management Measures of RFMOs to which the originating State is Party
3.3.5 Reregistration after Deregistration of Vessels by Originating States to Reduce Capacity
3.3.6 Other Possible Rationales4. Economic Motivations for Open Registry States to Implement Flag State Compliance Measures
IV. EFFECTIVE FLAG STATE CONTROL
1. Introduction
2. Open Registry States2.1 General Information on Registration Procedures
2.2 National Policy, Legislation and Administrative Arrangements2.2.1 Policy
2.2.2 Legislation
2.2.3 Administrative Arrangements
2.2.4 International Instruments and Agreements3. Regional Fisheries Management Organizations
3.1 Fishing Activities by Open Registry Flag Vessels
3.2 Open Registry States and the RFMOs
3.3 Sanctions and Enforcement against Open Registry Fishing Vessels
3.4 Summary4.1 Open Registry States
4.2 Regional Fishery Management Organizations
APPENDIX 1 - Open Registry States
APPENDIX 2 - Questionnaire sent to Open Registry States
APPENDIX 3 - Questionnaire sent to RFMOS
APPENDIX 4 - Fishing Vessels Registered on National Registers
APPENDIX 5 - Open Registry States Polled
APPENDIX 6 - Available Contact Information for Open Registry States that Register Fishing Vessels
APPENDIX 8 - ICCAT Recommendations & Resolutions Relating to Compliance