Action at the international level to combat illegal, unreported and unregulated (IUU) fishing gathered momentum throughout the 1990s, even before the term “IUU fishing” gained currency. The undesirable consequences of this type of fishing had been acknowledged for a much longer period of time, as reflected in the ongoing establishment of regional fishery bodies or arrangements (RFBs), including regional fisheries management organizations (RFMOs) mandated to adopt conservation and management measures.
At the heart of the action was an awareness of the increasingly rapid extent to which IUU fishing was contributing to the undermining and unattainment of management goals and the loss of both short-term and long-term social and economic opportunities. It was recognized that IUU fishing - in many cases unquantified or unquantifiable - is a worldwide phenomenon, and could lead to the collapse of a fishery or seriously affect efforts to rebuild fish stocks that have already been depleted.
During the 1990s and before the term “IUU fishing” was initially used in 1997 by the Commission for the Conservation of Antarctic Living Marine Resources (CCAMLR)[1], various international instruments emerged, providing a general framework for addressing relevant activities. They were based on basic principles in the 1982 United Nations Convention on the Law of the Sea (1982 UN Convention), including flag State responsibility and the duty of non-nationals to comply with coastal State measures and laws. Key among the international fishery instruments were the 1993 FAO Compliance Agreement[2], the 1995 UN Fish Stocks Agreement[3] and the 1995 FAO Code of Conduct for Responsible Fisheries (Code of Conduct). In turn, international action to implement the FAO Code of Conduct in respect of specific issues in fisheries management was guided by the International Plans of Action (IPOAs) elaborated under the Code of Conduct and adopted by the FAO Committee on Fisheries (COFI) in 1999, on seabirds, sharks and capacity.[4]
Action at the international level to specifically address IUU fishing began to emerge within FAO towards the end of the 1990s. The development, adoption and implementation of the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (IPOA-IUU) has since become prominently visible and the subject of ongoing high-level attention in the UN system and other organizations and fora. Relevant international action to combat IUU fishing and implement the IPOA-IUU is described below in terms of action by: the Food and Agriculture Organization of the United Nations (FAO); other UN agencies and fora; organizations and fora outside the UN system.
IUU fishing was formally raised as an issue in FAO at the Twenty-third Session of COFI in February, 1999 on the basis of a paper presented by Australia. The paper urged that an international plan of action to combat IUU fishing be developed. The Committee expressed concern about information presented indicating increases in IUU fishing, including fishing vessels operating under open registries.
The following month, the Rome Declaration on Responsible Fisheries was adopted unanimously by the Ministerial Meeting on the Implementation of the Code of Conduct for Responsible Fisheries.[5] The Ministers declared, inter alia, that they “will develop a global plan of action to deal effectively with all forms of illegal, unregulated and unreported fishing including fishing vessels flying ‘flags of convenience’”.
Subsequently, in June 1999 the FAO Council, in considering the Report of the Twenty-third Session of COFI, urged that a global approach be taken by FAO to the development of a strategy to address IUU fishing. Furthermore, the Council proposed that this initiative be carried forward through the development of an IPOA within the framework of the FAO Code of Conduct.
The IPOA-IUU, developed through a process of FAO consultations[6], was adopted by COFI in March 2001[7] and endorsed by the FAO Council in June 2001.[8] The FAO Council encouraged States to develop and implement, as soon as possible but not later than three years after the adoption of the IPOA, national plans of action to further achieve its objectives and to give full effect to its provisions as an integral part of their fisheries management programmes and budgets. This requirement was agreed in paragraph 25 of the IPOA-IUU, with an effective implementation date of 2004.
The scope of the IPOA-IUU is broad, and addresses IUU fishing in a holistic manner. The objective of the IPOA-IUU is to prevent, deter and eliminate IUU fishing by providing all States with a “toolbox” of comprehensive, transparent and effective measures by which to act, including through RFMOs. The IPOA defines principles and strategies, as well as a number of key terms used in the text including illegal, unreported and unregulated fishing. The common thread of the definition of IUU fishing is that it may be said to occur in violation of - or at least with disregard for - applicable fisheries rules, whether adopted at the national, regional or international level.
The IPOA-IUU clearly sets out the responsibilities of all States and of flag States. It describes measures to be taken by coastal States and port States, and elaborates internationally agreed market related measures. It refers also to responsibilities and measures of States acting through RFMOs, and of States that are not members of RFMOs. The measures are integrated, and should be applied in accordance with international and other applicable law. The IPOA-IUU identifies these responsibilities and measures under the following headings:
Responsibilities of all States;
Responsibilities of flag States;
Coastal States measures;
Port State measures;
Internationally agreed market-related measures;
Research;
RFMOs;
Special requirements of developing countries;
Reporting; and
The role of FAO.
The IPOA-IUU calls for national plans of action (NPOAs) to be implemented by 2004[9], including action to implement initiatives adopted by relevant RFMOs. Similar to other instruments, particularly the FAO Code of Conduct, implementation is carried out by governments and interested stakeholders, including industry, fishing communities and Non-governmental Organizations (NGOs).
The FAO Fisheries Department has prepared and published Technical Guidelines to support implementation of the IPOA-IUU[10]. The Guidelines provide advice as to how the measures in the IPOA-IUU can be put into effect, and on the possible organization and content of national plans of action for implementation of the IPOA-IUU. The Guidelines also encourage RFMOs to find ways to integrate measures to control IUU fishing with their other basic missions, including, for example, conservation of resources, control of catches and effort, management of fishing capacity, bycatch reduction, scientific research, and general data collection and dissemination.[11]
FAO presented its first progress report on achievements in the implementation of the IPOA-IUU at the twenty-fifth session of COFI in February 2003, together with its report on the implementation of the Code of Conduct. The report was based on responses to questionnaires by Members[12] and regional fishery bodies or arrangements.[13]
The Thirty-second Session of the FAO Conference[14], held in 2003, discussed IUU fishing in some depth, with Members reiterating that the continuing and growing incidence of IUU fishing and the lack of effective implementation of the IPOA-IUU had far-reaching adverse consequences for the sustainable management of fishery resources and the livelihoods of small-scale fishers. The situation was aggravated by, inter alia, the use of vessels flying “flags of convenience” or “flags of non-compliance”, fishing overcapacity and lack of political will and/or resources for addressing IUU fishing problems effectively.[15] The Conference acknowledged that responsibility for combating IUU fishing rested primarily with States but that this would be greatly facilitated, inter alia, by strengthening regional fisheries management organizations and collaboration among States.[16]
The Thirty-second session of the FAO Conference adopted Resolution 6/2003 concerning the Progress Report on the implementation of the IPOA-IUU, attached in Appendix 1. The Resolution, in relation to RFMOs:
Encourages States, and as appropriate, RFMOs to develop and implement National, and as appropriate, Regional Plans of Action to combat IUU fishing as soon as possible, but no later than 2004;
Urges that States take all necessary steps, consistent with international law, to prevent fish caught by vessels identified by relevant RFMOs to have been engaged in IUU fishing being traded or imported into their territories;
Calls upon States to ensure compliance with and enforcement of policies and measures having a bearing on IUU fishing which are adopted by any relevant RFMOs.
Since the adoption of the IPOA-IUU, FAO has hosted two expert consultations to consider major issues in relation to IUU fishing: port State control and flag State control. In November, 2002 FAO convened an Expert Consultation to Review Port State Measures to Combat IUU Fishing, which elaborated a draft memorandum of understanding on port State measures to combat IUU fishing and made specific recommendations for FAO action.[17] In September, 2003 FAO convened an Expert Consultation on Fishing Vessels Operating under Open Registries and their Impact on Illegal, Unreported and Unregulated Fishing. The Consultation adopted a range of recommendations in relation to all States, flag States, coastal States, port States and assistance to developing States.
In November, 2003, FAO convened the first of a series of planned regional workshops on implementation of the IPOA-IUU[18] to address an appeal to FAO by many members from developing States to continue to provide technical assistance to facilitate implementation, especially for the development of national plans of action to implement the IPOA-IUU.[19] The objective is to develop national capacity so that countries will be better placed to elaborate their NPOAs and, as a result, meet the requirements of the IPOA-IUU. Model national plans of action (NPOAs) for coastal States and small island developing States to implement the IPOA-IUU were prepared and distributed to support this activity.
In a more general way, and without specifically addressing IUU fishing, FAO has been active in monitoring progress towards the World Food Summit and Millennium Development Goals.[20] The latter identifies broad goals, including protecting the environment, which encourage activities such as combating IUU fishing. An associated General Assembly Resolution regarding the United Nations Millennium Declaration, adopted in 2000,[21] identified the central challenge faced today as ensuring that globalization becomes a positive force for all the world’s people. Among the fundamental values identified in the Resolution is the respect for nature:
“Prudence must be shown in the management of all living species and natural resources, in accordance with the precepts of sustainable development. Only in this way can be immeasurable riches provided to us by nature be preserved and passed on to our descendents. The current unsustainable patterns of production and consumption must be changed in the interest of our future welfare and that of our descendants.”
The Resolution also reaffirmed support for the principles of sustainable development, including those set out in Agenda 21, agreed at the 1992 United Nations Conference on Sustainable Development.
Since 1999, agencies in the UN system other than FAO have specifically addressed IUU fishing, including the Commission on Sustainable Development (CSD), the International Maritime Organization (IMO) and the International Labour Organization (ILO).
In April, 1999, CSD supported the decision of the Ministers to give priority to the development of an IPOA-IUU,[22] and underscored the issues of flag State and port State measures in combating IUU fishing. CSD endorsed a role for the IMO, as had the FAO Ministerial Meeting, inviting that organization to develop, as a matter of urgency, measures in binding form to ensure that ships of all flag States meet international rules and standards so as to give full and complete effect to the 1982 UN Convention on the Law of the Sea[23] as well as other relevant conventions.
FAO initiated coordination with IMO in May, 1999[24] to give effect to the international calls to secure concerted action to combat IUU fishing through a Joint FAO/IMO Ad Hoc Working Group.[25] The purpose of the Working Group was to facilitate FAO’s work on IUU fishing and to respond to calls made in international fora in 1999 and 2000 for closer cooperation between FAO and IMO on issues fundamental to combating IUU fishing. The Terms of Reference of the IMO Working Group also included cooperation with other UN Agencies, including the International Labour Organization (ILO).[26]
In its work, the Group focused largely on technical matters concerning flag State control over fishing vessels and port State measures for fishing vessels.[27] The matter has been reviewed at subsequent Sessions of the Sub-Committee on Flag State Implementation (FSI), and consideration of further cooperation is on the agenda.[28]
The ILO is, at the time of writing, preparing a comprehensive standard (a Convention supplemented by a Recommendation) on conditions of work in the fishing sector.[29] This issue will first be discussed by the 92nd Session of the International Labour Conference in June 2004 and then again by the subsequent session of the Conference in June 2005. The new standard may address such issues as minimum age of work on board fishing vessels, medical examination of fishers, work agreements, occupational safety and health, crew accommodation and other labour-related issues.
Concerning IUU fishing, the ILO is seeking to determine if there is a link between IUU fishing and substandard living and working conditions on board fishing vessels. It seems likely that those who break laws aimed at protecting fish stocks may also break laws concerning conditions of work of fishing vessel crews. The issues of IUU fishing and substandard crew conditions may therefore be related, and addressing one may have an impact on addressing the other. One of the issues that will be discussed is whether a coastal State might set out certain requirements concerning labour conditions for vessels authorized to fish in the EEZ of the State - a rather controversial topic. The issue of port State control of fishing vessels will also be discussed, at least in relation to labour matters.[30]
UN fora which have addressed IUU fishing include the 2002 World Summit on Sustainable Development (WSSD) and the United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea (UNICPOLOS).
The 2002 Johannesburg Political Declaration on Sustainable Development and Plan of Implementation of the World Summit on Sustainable Development (WSSD-POI)[31] contains many fisheries-related provisions that reflect commitments in the four FAO IPOAs elaborated under the Code of Conduct prior to 2002, including the IPOA-IUU.[32] It has been noted that it is difficult to locate in the WSSD-POI aspects of fisheries not addressed by the Code of conduct, and the reverse is probably also true.[33]
The main objectives of the WSSD-POI include the sustainable development of fisheries in a globalizing world, alleviating poverty in coastal and fishing communities, improving marine safety and halving the number of hungry. The strategy to achieve the objectives is multipronged and involves the implementation of the IPOAs, inter alia, the elimination of IUU fishing and the elimination of subsidies that contribute to IUU fishing[34] and overcapacity.[35]
The WSSD-POI indicated specific timeframes for several activities and instruments, and adopted the 2004 time frame set by the IPOA-IUU for its implementation. In this regard, the WSSD-POI called for the urgent development and implementation of national and, where appropriate, regional plans of action to give effect to the IPOA-IUU and the establishment of effective monitoring, control and surveillance (MCS) of fishing vessels, including by flag States, to further the implementation of the IPOA-IUU.[36]
UNICPOLOS has addressed IUU fishing since 2000.[37] In 2003, after the FAO report on IUU fishing was given, a number of delegations proposed, inter alia, to accelerate the implementation of controls on IUU fishing through a more systematic approach to compliance and enforcement measures adopted at the regional level and to strengthen RFBs to allow them to develop and apply an ecosystem-based and precautionary management approach to fishing activity.[38]
The IPOA-IUU is the subject of ongoing attention in the UN General Assembly, most recently in two 2003 Resolutions: one calling for States to take all necessary steps to implement the IPOA-IUU, including through relevant RFMOs;[39] and another urging States to develop and implement national and, where appropriate regional plans of action, to put the IPOA-IUU into effect by 2004.[40] These, and key elements of other Resolutions adopted since 2000 that inter alia include specific reference to the IPOA-IUU and RFMOs are noted below.
2000 “Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks”[41]
Urges all States to participate in the efforts of FAO to develop an IPOA-IUU, and in all efforts to coordinate all the work of FAO with other international organizations, including the IMO.
2001 “Oceans and the law of the sea”[42]
Urges States to continue the development of an IPOA-IUU for FAO, as a matter of priority, and in this context recognizes the central role that regional and subregional fisheries organizations and arrangements will have in addressing this issue.
2002 “Oceans and the law of the sea”[43]
Welcomes the adoption by COFI of the IPOA-IUU and urging States to take, as a matter of priority, all necessary steps to implement it effectively, including through RFMOs.
2003 “Oceans and the law of the sea”[44]
Urges States to take, as a matter of priority, all necessary steps to implement the IPOA-IUU effectively, including through relevant RFMOs.
“Large-scale pelagic driftnet fishing, unauthorized fishing in zones of national jurisdiction and on the high seas/illegal, unreported and unregulated fishing, fisheries bycatch and discards, and other developments.”[45]
Urges States to develop and implement national and, where appropriate, regional plans of action, to put into effect by 2004 the IPOA-IUU and to establish effective monitoring, reporting and enforcement and control of fishing vessels, including by flag States, to further the IPOA;
Invites FAO to continue its cooperative arrangements with UN agencies on the implementation of the IPOA and to report to the Secretary-General on priorities for cooperation and coordination in this work;
Affirms the need to strengthen, where necessary, the international legal framework for intergovernmental cooperation in the management of fish stocks and in combating illegal, unreported and unregulated fishing, in a manner consistent with international law.
“Sustainable Fisheries, including through the 1995 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, and related instruments.”[46]
Urges States to develop and implement national and, where appropriate, regional plans of action, to put into effect by 2004 the IPOA-IUU;
Urges relevant RFMOs to implement effective measures against IUU fishing, inter alia, by compiling a record of vessels authorized to fish in their area of competence, in accordance with the Code of Conduct.
“Oceans and the law of the sea”[47]
Invites IMO to strengthen its functions with regard to port State control in relation to specified area, and invites FAO to continue its work in promoting port State measures in relation to fishing vessels in order to combat IUU fishing.
IUU fishing has been addressed in international organizations and fora outside the UN system, often with technical support from FAO. These include the Organization for Economic Co-operation and Development (OECD), the Asia-Pacific Economic Cooperation (APEC) Fisheries Working Group, international Conferences in Santiago, Chile in January 2000 and in Spain in November 2002, and the European Union (EU).
The OECD first considered IUU fishing in 2002 in the 89th Session of the Committee for Fisheries.[48] It decided to undertake a study on the environmental, economic and social issues and effects of IUU/Flag of Convenience fishing activities in the period 2003-2005. At the 91st Session the Committee[49] welcomed the project outline presented by the Secretariat and further defined its scope.
OECD announced in December 2003 that five maritime countries from around the world announced the launch of a task force to tackle the problems posed by IUU fishing, as part of urgent efforts under the auspices of the OECD’s Round Table on Sustainable Development to safeguard dwindling world fishery resources.[50] The Ministerial Task Force will be led by Britain’s Minister of State for the Environment, and other members include the Ministers of Fisheries of Australia, Chile, Namibia and New Zealand.
The APEC Fisheries Working Group has considered IUU fishing since 1999. The APEC 2002 Seoul Oceans Declaration includes a resolve to “eliminate IUU fishing activities from the APEC region”. FAO is cooperating with APEC to implement the IPOA-IUU in the region.[51]
An International Conference on Monitoring, Control and Surveillance (MCS) was held in Santiago, Chile in January 2000, which developed important efforts to combat IUU fishing. In this regard, Chile, Australia, Peru, United States of America and the European Community worked together to create an international information network on monitoring, control and surveillance against IUU fishing. Their efforts resulted in the establishment of the International Network for the Cooperation and Coordination of Fisheries-Related Monitoring, Control and Surveillance Activities, with the goals of improving the efficiency and effectiveness of fisheries-related MCS activities through enhanced cooperation, coordination, information collection and exchange among national organizations/institutions responsible for fisheries-related MCS.[52]
In November 2002, Spain, in technical collaboration with FAO, convened an International Conference on IUU Fishing to discuss measures to address IUU fishing at the national and global levels.
A Regional Economic Integration Organization, the European Union, has focused some attention on IUU fishing. A Communication from the European Commission of 28 May 2002[53] contained a working paper on a Community action plan for the eradication of IUU fishing. Because Community rules to implement the IPOA-IUU were already relatively developed, the aim of the working paper was to identify new measures or initiatives that should be undertaken under Community rules in the context of regional fisheries organizations, or by international multilateral organizations.
The Communication referred to the introduction of effective and coherent arrangements for monitoring fishing activities, and the considerable threat caused by “flags of convenience” - which undermine the entire monitoring system - to the survival of fisheries worldwide.[54] The Communication noted that the reform of the common fisheries policy is a particularly appropriate framework in which to conduct a coherent debate on the matter.
The Community action plan referred to measures: at Community level;[55] at the level of regional fisheries organizations;[56] at international level;[57] and in partnership with developing countries.[58]
The EU Fisheries Council adopted a number of conclusions on IUU fishing on 11 June 2002, in which the European Commission is urged to actively exercise its powers amongst the member States and the international community, especially among the regional fisheries organizations, in order to attain specified objectives.[59]
A 2003 Declaration of the Ministerial Conference - Ministers and the EC representative responsible for fisheries - addressing the sustainable development of fisheries in the Mediterranean[60] recognized that IUU fishing must be combated. In that context, it invited the relevant RFMO[61] to adopt effective measures based on the IPOA-IUU.[62]
RFBs, including RFMOs, considered IUU fishing at their 2001 and 2003 biennial meetings in Rome.[63] In 2001, the meeting acknowledged that IUU fishing was a widespread international issue that impacted the work of management organizations and expressed support for the draft IPOA, noting that it should ultimately reduce and eventually eliminate the incidence of IUU fishing. However, the meeting also recognized the differences in incidence and scope of IUU fishing between high seas and inshore fisheries and between marine and coastal and inland capture fisheries. Many RFBs indicated that IUU fishing was a serious problem in their respective areas and these organizations were addressing the problems generated by IUU fishing in ways that were largely consistent with the provisions of the draft IPOA-IUU.[64] At the 2003 meeting, RFBs noted the relevance of the issue of regional plans of action in support of the IPOAs, discussed in the Twenty-fifth Session of COFI.[65]
| [1] Reference to IUU fishing
was included as an agenda item for the Sixteenth Meeting of the Commission
in 1997. It also appeared in an Annex to the Report of that Meeting, setting
out a communication policy with non-Contracting Parties relating to IUU
fishing in the CCAMLR Convention Area. In 1998, the Report of the Seventeenth
Meeting of the Commission, in relation to IUU fishing, recorded discussion
on the following measures aimed at better controlling IUU fishing in the
Convention Area: catch certification scheme; trade statistics for Dissostichus
spp.; marking of fishing vessels and fishing gear; automated satellite-linked
vessel monitoring system (VMS); application of VMS in areas adjacent to
the Convention Area; licensing and inspection regime of Contracting Parties;
cooperation between Contracting Parties to ensure compliance; CCAMLR vessel
register; action plan; actions in respect of companies and nationals of
flag States. [2] Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High seas. Part of the Code of Conduct, the 1993 FAO Compliance Agreement entered into force on 24 April 2003. [3] Agreement for the Implementation of the Provisions of the United Nations Convention for the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks [4] They were adopted at the Twenty-third Session, and comprised the International Plans of Action on: Incidental catch of seabirds in longline fisheries (IPOA - Seabirds); Conservation and management of sharks (IPOA - Sharks); Management of fishing capacity (IPOA - Capacity). The IPOAs were adopted by the twenty-third Session of the FAO Committee on Fisheries (COFI) in February 1999 and endorsed by the FAO Council at its November 2000 Session. [5] Convened in Rome on 10 and 11 March 1999, the Meeting was attended by 126 Members of FAO. [6] The process to develop the IPOA-IUU included an expert consultation convened by the Government of Australia in Sydney, Australia in cooperation with FAO in May 2000, and FAO Technical Consultations in Rome in October 2000 and February 2001. [7] At the twenty-fourth Session in March, 2001. [8] At its Hundred and Twentieth Session. [9] Paragraph 25 provides that “States should develop and implement, as soon as possible but not later than three years after the adoption of the IPOA, national plans of action to further achieve the objectives of the IPOA and give full effect to its provisions as an integral part of their fisheries management programmes and budgets”. Because the IPOA was adopted in 2001, the target date for implementation is 2004. [10] FAO Fisheries Department. Implementation of the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing. FAO Technical Guidelines for Responsible Fisheries. No. 9. Rome, FAO. 2002. 122p. [11] For discussion on actions taken by RFMOs to address IUU fishing and related matters prior to development of the IPOA-IUU, see Swan, J., “The Role of National Fisheries Administrations and Regional fishery bodies in Adopting and Implementing Measures to Combat IUU Fishing”, prepared for the Expert Consultation on Illegal, Unreported and Unregulated Fishing organized by the Government of Australia in Cooperation with FAO, Sydney, Australia, 15-19 May 2000. [12] In 2003, FAO noted that Members reported that measures taken to deter IUU fishing included the ratification of international agreements, strengthened policy and legislation to conform with the IPOA-IUU including tougher licensing/management arrangements and improved mechanisms to address flag State and port State responsibilities, control over nationals working on vessels, measures to address “flag of convenience vessels”, higher penalties and imprisonment terms for fishers engaged in IUU fishing, increased MCS and the mandatory implementation of VMS, the seizure and destruction of catches resulting from IUU fishing, seizure and destruction of fishing gear, tightened catch reporting, enhanced observers’ programme, strengthened regional cooperation through RFBs, the introduction of certification to trace the origin of fish and prohibition of certain landings, catches of vessels from third Party countries, the promotion of fishers’ associations, and awareness building among stakeholders about the effects of IUU fishing. See COFI/2003/3Rev.1, Progress in the implementation of the Code of Conduct for Responsible Fisheries and related International Plans of Action. [13] In 2003, FAO noted that more than half of RFBs addressed IPOA-IUU. In particular, RFBs dealing with specific species such as tunas (IATTC and ICCAT) and salmon (NASCO and NPAFC) showed more positive approach to implementation of IPOA-IUU. IATTC created a Permanent Working Group on Fishing by Non-Parties to address IUU fishing. IATTC also agreed to establish a regional register of vessels authorized to fish in its competent area and measures to discourage landings and trade of fish caught by IUU fishing. ICCAT indicated that many of its measures were stricter than those of IPOA-IUU. ICCAT also held a special meeting on ways to combat IUU fishing in May 2002. The Council of NASCO adopted a Protocol for States not Party to the Convention for the Conservation of Salmon in the North Atlantic Ocean, calling for each Party to the Protocol to prohibit fishing for salmon beyond areas of fisheries jurisdiction. The organization also promoted exchange of information and coordinated surveillance activities. The Committee on Enforcement of NPAFC coordinated enforcement activities by its Contracting Parties for eliminating IUU fishing in its competent area. APFIC and CECAF distributed all IPOAs to member States. Ibid. [14] FAO Headquarters, Rome, 29 November - 10 December 2003. [15] See Report of the Conference of FAO, Thirty-second Session, Rome, 29 November - 9 December 2003. FAO Report No. C/2003/Rep, paragraph 72. The Report also refers to measures reported by many members taken to combat IUU fishing, including better port State and flag State control, recognition of the principle of “genuine link” in relation to the duty of States to exercise effective control over ships flying their flags, enhanced monitoring, control and surveillance and vessel monitoring systems, strengthening of regional fisheries management organizations, and improved legal frameworks and institutional arrangements. (Paragraph 73) [16] Paragraph 74 of the Report of the Conference of FAO, Ibid. [17] These included: (a) Convene a technical consultation addressing principles and guidelines for the establishment of regional memorandums of understanding on port State measures to combat IUU fishing; (b) Elaborate and implement programmes of assistance to facilitate human resources development and institutional strengthening, including legal assistance, in developing countries so as to promote the full and effective implementation of port State measures to combat IUU fishing; and (c) Consider the establishment of a database concerning relevant port State measures. [18] FAO Regional Workshop on the Elaboration of National Plans of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing: Southern and East African Subregion, Kariba, Zimbabwe, 24-28 November 2003. [19] Report of the Twenty-fifth Session of the Committee on Fisheries, Rome, 24-28 February 2003. CL124/7. Paragraph 18. [20] See The State of Food Insecurity in the World, 2003. Fifth edition, FAO 2003. Rome. 36pp. [21] A/Res/55/2, “United Nations Millenium Declaration”. [22] At the Seventh Session of the CSD. [23] In particular, Article 91. [24] In response to the request made by the FAO Ministerial Meeting, FAO submitted a paper to the Maritime Safety Committee (MSC) of the IMO. This paper, while bringing the IUU fishing issue to the attention of IMO Members, achieved very little. However, subsequent follow-up action by FAO at the Sub-Committee on Flag State Implementation (FSI) at its eighth session in January 2000 resulted in a substantive outcome in that the Sub-Committee recommended that a joint FAO/IMO ad hoc working group be established. However, recognizing that there was a need for a policy decision on IUU fishing, FSI proposed that the matter be referred to parent committees, the Marine Environment Protection Committee and the MSC. In 1999, COFI had also encouraged FAO to cooperate with IMO. The Working Group was established as a result of the call made by the UN Commission on Sustainable Development, which met in April 1999, highlighting the issue of flag and port State responsibilities and the need for FAO and the International Maritime Organization (IMO) to cooperate on solving problems relating to IUU Fishing. Subsequently the United Nations General Assembly Resolution 54/32, inter alia "called upon IMO , in cooperation with FAO, and ... to define the concept of the genuine link between the fishing vessels and the State..." IUU fishing was raised at the Eighth Session of IMO's Sub-Committee on the Flag State Implementation (FSI-8) (London, 24-28 January 2000). The Sub-Committee, realizing that IMO, and in particular the Sub-Committee itself, could provide assistance to FAO on this matter, but recognizing the need for a policy decision on the issue, agreed to refer the matter to the Marine Environment Protection Committee (MEPC) and the MSC for further guidance on how the issues involved could be incorporated in the Sub-Committee's work programme. The Sub-Committee further recommended that these two Committees consider the formation of a joint FAO/IMO Ad hoc Working Group and invited FAO to submit a relevant document, including draft terms of reference, for such a joint group, to the 72nd Session of the MSC 72 in May 2000. There had also been encouragement for FAO/IMO cooperation in 1999 by the 1999 FAO Ministerial Meeting and Twenty-second Session of COFI. [25] Establishment of the Working Group was supported by a call made by the UN Commission on Sustainable Development, which met in April 1999, highlighting the issue of flag and port State responsibilities and the need for FAO and the International Maritime Organization (IMO) to cooperate on solving problems relating to IUU Fishing. Subsequently the United Nations General Assembly Resolution 54/32, inter alia "called upon IMO , in cooperation with FAO, and ... to define the concept of the genuine link between the fishing vessels and the State..." IUU fishing was raised at the Eighth Session of IMO's Sub-Committee on the Flag State Implementation (FSI-8) (London, 24-28 January 2000). The Sub-Committee, realizing that IMO, and in particular the Sub-Committee itself, could provide assistance to FAO on this matter, but recognizing the need for a policy decision on the issue, agreed to refer the matter to the MEPC and the MSC for further guidance on how the issues involved could be incorporated in the Sub-Committee's work programme. The Sub-Committee further recommended that these two Committees consider the formation of a joint FAO/IMO ad hoc Working Group and invited FAO to submit a relevant document, including draft terms of reference, for such a joint group, to the 72nd Session of the MSC 72 in May 2000. FAO made a submission to the Seventy-second Session of IMO's MSC in May 2000 proposing the formation of a Joint FAO/IMO Ad hoc Working Group on IUU Fishing and Related Matters. The Committee agreed to this FAO proposal, and the Joint FAO/IMO Ad Hoc Working Group met at FAO Headquarters in Rome in October 2000. There had also been encouragement for FAO/IMO cooperation by the 1999 FAO Ministerial Meeting and COFI. [26] In particular, “In relation to conditions of work and service in the fishing industry, the group may call upon the advice of ILO.” [27] In 2002, FSI 10 noted that no submission had been made by Members clearly stating the problems they have identified and making specific proposals on actions requested of IMO and having discussed the matter, the Sub-Committee: 1) Took into account the relevant request of the Assembly resolution A.925(22) on entry into force and implementation of the 1993 Torremolinos Protocol (relating to the 1977 Torremolinos International Convention for the Safety of Ships) and 2) noted that in the context of the item on IUU fishing and related matters, an opinion was expressed that IMO might assist FAO in developing their port State control procedures. The Sub-Committee recommended to MSC 75 to extend the agenda item to include consideration of the implementation of Resolution A.925(22) and to modify the title of the work programme to read “Illegal, Unregulated and Unreported (IUU) fishing and implementation of resolution A.925(22)”, with a target completion of 2005. At its eleventh session in 2003, The Sub-Committee noted progress made by the Food and Agriculture Organization of the United Nations (FAO), in collaboration with IMO, on port State measures to combat IUU fishing. [28] At the time of writing, the agenda is set for the 12th Session in March, 2004. The action requested includes an invitation to take into consideration FAO Conference Resolution 6/2003, in particular paragraph 10 (inviting relevant competent international organizations to study, examine and clarify the role of the “genuine link” in relation to the duty of flag States to exercise effective control over ships flying their flag, including fishing vessels); and paragraph 11 (encouraging States, the FAO, the IMO, RFMOs and other relevant competent international organizations dealing with maritime issues to cooperate in the development of measures to combat IUU fishing, including through the sharing of information). [29] The International Labour Office, the ILO Secretariat, will prepare two reports to be used as a basis for discussion at the Conference. The first had been produced at the time of writing and is available on the internet at: http://www.ilo.org/public/english/standards/relm/ilc/ilc92/pdf/rep-v-1.pdf. It contains information on "law and practice" concerning labour matters in the fishing sector. It also provides a questionnaire about possible contents of a new standard. The report and questionnaire were sent to all ILO Member States last year. The ILO was completing its second report for the Conference at the time of writing. This latter document provides and summary and analysis of the replies to the questionnaire, and it provides "proposed conclusions" on the format and content of the new fishing standard. [30] Information from personal communication with Brandt Wagner, ILO, Geneva. [31] United Nations. 2003. Johannesburg Declaration on Sustainable Development and Plan of Action of the World Summit on Sustainable Development. UN. New York. 89p. It is broadly consistent with FAO’s Strategic Framework for FAO 2000-2015. [32] The Code of Conduct, together with the IPOAs, and the 2003 FAO Strategy for improving information on status and trends of Capture Fisheries (FAO Strategy), embraces FAO fisheries work programme. See Garcia S.M. and Doulman D.J., “FAO Fisheries Programme and the Implementation of the Plan of Action from the World Summit on Sustainable Development”, February 2004. A first version of the paper was prepared for the Global Conference on Oceans, Coasts and Islands, Paris, 12-14 November 2003. [33] See Garcia S.M. and Doulman D.J., Ibid. [34] Paragraph 31(d). [35] Paragraph 31(f). [36] Paragraph 31(g). [37] The report of the Session, held in late May and early June 2000, inter alia:
[38] Paragraph 43 of the
Report on the Work of the United Nations Open-ended Informal Consultative
Process on Oceans and the Law of the Sea. UN General Assembly document
A/58/95. UN. New York. 36p. In addition, in the context of considering
flag State implementation and enforcement, the Report invited IMO to strengthen
its functions with regard to port State control and invited FAO to continue
its work in promoting port State measures in relation to fishing vessels
in order to combat IUU fishing. Paragraph 12, Ibid. |
