4. RFMO IMPLEMENTATION OF THE IPOA - IUU

Many RFMOs face problems of IUU fishing. As stocks decline, a number of RFMOs have adopted increasingly stringent rules to manage the fisheries for which they are responsible. Some fishing vessels comply with the stricter rules, but others choose to ignore the rules or to register in states that are not members of the RFMOs and are thus not directly bound by the rules. In this respect, the IPOA - IUU Technical Guidelines suggest that any strategy for dealing with IUU fishing should take into account that vessels of both members and non-members of RFMOs engage in IUU fishing, and should address both groups effectively. Strategies should also take into account that the inability to agree on equitable access can contribute to IUU fishing.

The IPOA - IUU addresses actions to be taken by RFMOs both indirectly under various headings and directly under the heading of RFMOs. Indirect references appear in the objective and principles of the IPOA - IUU,^[63] National Plans of Action,^[64] cooperation between states,^[65] port State measures,^[66] internationally agreed market-related measures^[67] and reporting.^[68]

The IPOA - IUU directly addresses actions by RFMOs, reinforcing provisions of the other post-UNCED instruments. It describes action to be taken by states through RFMOs, and by RFMOs. It repeats the obligation of non-member states to cooperate with the RFMO and not to undermine its measures - therefore giving broad effect to the decisions of the RFMO. The areas addressed by the paragraphs of the IPOA relating directly to RFMOs are: ^[69]

• establishment of RFMOs;

• compliance with RFMO policies and measures;

• non-members;

• measures on IUU fishing;

• compilation and dissemination of information;

• objectives of institutional and policy strengthening;

• cooperation with non-contracting parties;

• failure to ensure flag vessels/nationals do not engage in IUU fishing activities.

A summary description of the paragraphs in the IPOA - IUU under the above headings is elaborated in Appendix 4.

RFMOs cooperate among themselves to address many of these issues, both in meetings with other RFMOs with a similar geographical or species mandate - such as the cooperation among GFCM and ICCAT and among RFMOs with a mandate for highly migratory fish stocks, and in issue-oriented consultations. With respect to the latter, a consultation was convened in January 2002 the by the Chair of the Second Biennial Meeting of Regional Fishery Bodies or Arrangements, in cooperation with FAO, to address catch certification schemes and to review possibilities for a greater degree of coordination among fishery bodies on existing and potential schemes.^[70] In addition, an expert consultation was held at FAO Headquarters, Rome in November 2002 to review port State measures to combat IUU fishing.

The IPOA - IUU has been the subject of much attention by RFMOs, with over half reporting on measures that have been taken for a report prepared for consideration by COFI in February, 2003.^[71] Following is a list of measures or actions that RFMOs can take, or have taken to prevent, deter and eliminate IUU fishing: ^[72]

• collect and disseminate information relating to IUU fishing;^[73]

• establishment of registers of fishing vessels, including "blacklists" and "whitelists";

• coordination and cooperation with non-members;^[74]

• coordination and cooperation with RFMOs and other organizations;

• identify vessels that are engaging in IUU fishing and coordinate measures against them;

• identify states whose vessels are engaging in IUU fishing and can urge identified states to rectify such behaviour;

• call on their members to take action against vessels without nationality that are fishing in the relevant region;^[75]

• adopt rules to ensure that vessel chartering arrangements do not lead to IUU fishing;

• adopt port inspection schemes, restrictions on transshipment and landings;

• develop evidentiary criteria for a presumption that fishing vessels flying the flag of a non-Contracting Party have carried out IUU fishing activities in the relevant Area of Competence;

• adopt MCS schemes involving boarding, inspection and VMS;

• call on their members to address excessive fleet capacity;

• adopt catch certification and/or trade documentation schemes;

• adopt other market-related measures to combat IUU fishing;

In support of the above, information on resolutions and other decisions of some RFMOs relating to IUU fishing is provided in Appendix 5. The information was taken from publicly available sources, and is indicative of approaches and detail considered by RFMOs. It identifies the resolution or decision by title, and summarizes both the circumstances described in the preamble and the agreed measures. It summarizes the information from nine RFMOs,^[76] and reports on a range of 36 resolutions and other decisions relating to IUU fishing. A significant feature is that a vast majority (25) were adopted in the years since 2000, and of those nearly half (12) have been adopted since 2002. This indicates that the IPOA - IUU may have raised awareness and through its toolbox, provided clear options for effective action. A general period of consolidation is underway, and the similarity among many resolutions reflects increasing commitment and cooperation on the part of RFMOs.

The resolutions and decisions taken by some RFMOs in relation to IUU fishing cover a range of areas. Of the RFMOs surveyed, several had taken decisions in respect of non-parties,^[77] establishing criteria for a presumption of IUU fishing^[78] and listing IUU fishing vessels, including those presumed to be fishing.^[79] From a positive viewpoint, the practice of "white" listing, or establishing a record of vessels authorized to operate in the Area, is increasing,^[80] and procedures for attaining the status of cooperating non-party have been agreed.^[81]

Information bases on IUU fishing have been enhanced by resolutions relating to information on IUU catches^[82] transshipments and vessel sightings,^[83] establishment of a port inspection programme^[84] and exchange of information.^[85]

Measures against flag of convenience vessels have been adopted,^[86] as well as general requirements for fishing vessels including management standards^[87] and conditions for flagging.^[88] One RFMO has adopted a resolution relating to "flags of non-compliance". In trade-related issues, catch documentation/trade information schemes have been adopted,^[89] and a process and criteria for IUU trade restrictive measures has been identified.^[90] A recommendation has been adopted to facilitate information on vessels transferring flag to avoid trade measures.^[91]

Targeting businesses involved in IUU fishing, measures have been adopted to prevent laundering of catches by IUU vessels^[92] to take actions against businesses involved in IUU fishing^[93] and other cooperative actions with countries where the businesses are based.^[94]

Working groups have been established to address more effective measures against IUU fishing.^[95]

The challenge for some RFMOs consists less of the development and adoption of policies and measures against IUU fishing, than their implementation among members. This can form a considerable chasm between the objective and results. For example, RFMOs’ policies and measures on IUU fishing tend to address non-parties and open register flagging even though it is acknowledged that IUU fishing is also carried out by companies and individuals originating from the RFMOs’ parties. In developing effective measures, a balanced, holistic approach needs to be taken.