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APPENDIXES


Appendix A. Agenda
Appendix B. List of Experts
Appendix C. List of Documents
Appendix D. Preliminary draft - International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing
Appendix E. Opening Statement by Dr Z.S. Karnicki, Director, Fishery Policy and Planning Division, FAO Fisheries Department

Appendix A. Agenda

1. Opening of the Consultation

2. Overview of IUU Fishing

3. Adoption of the Agenda and Timetable

4. Establishment of Drafting Groups

5. Development of a preliminary draft IPOA

6. Plenary consideration of the preliminary draft IPOA

7. Adoption of the Report

8. Closure of the Consultation

Appendix B. List of Experts

CHAIR

HURRY Glenn
Assistant Secretary
Fisheries and Aquaculture Branch
Dept of Agriculture Fisheries and Forestry
GPO Box 858
Canberra ACT 2601 Australia
Tel: +61 2 6272 5777
Fax: +61 2 6272 4875
Email: glenn.hurry@affa.gov.au

TECHNICAL SECRETARY

BRAY Kevin
Director
International Relations
Fisheries and Aquaculture Branch
Dept of Agriculture Fisheries & Forestry
GPO Box 858
Canberra ACT 2601 Australia
Tel: +61 2 6272 4477
Fax: +61 2 6272 4215
Email: kevin.bray@affa.gov.au

EXPERTS

AGNEW David

Research Fellow in High Latitude Fisheries
Renewable Resources Assessment Group
T. H. Huxley School of Environment
Earth Sciences and Engineering
Imperial College
8 Prince's Gardens
London SW7 1NA UK
Tel: +44(0)207 5949273
Fax: +44(0)207 5895319
E-mail: d.agnew@ic.ac.uk

AL ABDESSALAAM Thabit

Head Fisheries Unit
Environmental Research and Wildlife Development Agency
PO Box 45553 Abu Dhabi
United Arab Emirates
Tel: 971 2 693 4661
Fax: 971 2 681 0008
Email: thabitz@hotmail.com

AHN Chiguk
Assistant Director
International Cooperation Division
Ministry of Maritime Affairs and Fisheries
139 Chungjong No. 3 Seodaemun-gu
Seoul Republic of Korea
Tel: +822 3148 6992
Fax: +822 3148 6996
E-mail: chiguka@netian.com

ATWOOD JOHN
Principal Lawyer
International Trade and Environment Law
Office of International Law
Attorney-Generals’ Department
Robert Garran Offices
Barton ACT 2600 Australia
Tel: 612 6250 6666 / 6760
Fax: 612 6250 5952
Email: john.atwood@ag.gov.au

BENITEZ SALAS Maria (Mrs)
Head of Unit “Control and Licence”
DG FISH/C/4, 200 Rue de la Loi
1049 Brussels Belgique
Tel: +32 2 2995472/2957670
Fax: +32 2 2962338
Email: maria-angeles.benitez-salas@cec.eu.int

BESLIER Serge
Chef d'Unité
Direction générale de pêche (DG XIV - B1)
Commission des Communautés européennes
200 rue de la Loi
B-1049 Bruxelles Belgique
Tel: +32 2 295 0115
Fax: +32 2 296 3986
E-mail: marie-paule.cornelis@cec.eu.int

BLISS Michael
Executive Officer
Sea Law, Environmental Law and Antarctic Policy Section, Legal Branch
Department of Foreign Affairs & Trade
Barton ACT 0221 Australia
Tel: +61 2 6261 3252
Fax: +61 2 6261 2144
Email: michael.bliss@dfat.gov.au

BOUFFARD Nadia (Ms)
Senior Advisor
Legal Issues
Fisheries and Oceans Canada
International Affairs Directorate
200 Kent Street
Ottawa Ontario K1A 0E6 Canada
Tel: +001 613 993-1860
Fax: +613 993-5995
Email: bouffardn@dfo-mpo.gc.ca

BRYDEN Grant J.
International Policy Analyst
Ministry of Fisheries
ASB Bank House, 101-103 The Terrace
P.O. Box 1020 Wellington New Zealand
Tel: +64-04 470 2600
Fax: +64-04 470 2600
Email: grant.bryden@fish.govt.nz

CHARAT Philippe
Chairman
Maricultura Del Norte, S de R.L. de C.V.
P.O. Box 6440 Paseo
Rancho Santa Fe, CA. 92067 USA
Tel: +858 756 2622
Fax: +858 756 0777
Email: p.charat@att.net

CHAVES Linda (Ms)
Director, Industry and Trade Program
NOAA Fisheries
NMFS Headquarters Route: FX1
Building: SSMC3 Room: 3671
1315 East-West HWY
Silver Spring MD 20910-3282 USA
Tel: +001 301 713-2379 (Ext.140)
Fax: +001 301 713-2384:
Email: linda.chaves@noaa.gov

CHURCHE Milton
Director
WTO Rules and Trade and Environment Section
Deptartment of Foreign Affairs and Trade
Barton ACT 0221 Australia
Tel: +61 2 6261 2754
Fax: +61 2 6273 1527
Email: milton.churche@dfat.gov.au

COVARRUBIAS Alejandro
Head of Enforcement and Fishing Inspection
National Fisheries Service
(SERNAPESCA)
Victoria 2832, Valparaiso Chile
Tel: 56-32-819301
Fax: 56-32-819300
E-mail: acovarrubias@sernapesca.cl

DAVIS John
Compliance Officer - International
Australian Fisheries Management
Authority
Box 7051, Canberra Mail Centre
ACT 2610 Australia
Tel: +61 2 6272 5698
Fax: +61 2 6272 5784
Email: john.davis@afma.gov.au

DIVER Geoff
Industry Scientist
PO Box 997
Sandy Bay Tasmania 7006 Australia
Tel: +61 3 6225 5016
Fax: +61 3 6225 5069
Email: gdiver@ozemail.com.au

DOULMAN David
Senior Fishery Liaison Officer
International Institutions and Liaison Service
Fisheries Department
FAO
Viale delle Terme di Caracalla
00100 Rome Italy
Tel: +39-06-570-56752
Fax: +39-06-570-56500
Email: david.doulman@fao.org

EDESON Bill
Senior Legal Officer
Legal Office
FAO
Viale delle Terme di Caracalla
00100 Rome Italy
Tel: +39-06-570-53476
Fax: +39-06-570-54408
Email: William.Edeson@fao.org

EXEL Martin
General Manager
Policy and Environment
Kailis & France Group
PO Box 280
Mt Hawthorn 6915 Australia
Tel: +61 8 9202 2436
Fax: +61 8 9443 7750
Email: mexel@newfish.com.au

FRANCO Arnulfo
General Directorate of Marine and Coastal Resources
Panama Maritime Authority
P.O. Box 8062, Zone 7 Panama
Tel: (507) 232-8570/6117/7510
Fax: (570) 232-6477
E-mail: digerema@sinfo.net

GIANNI Matthew
Oceans Campaign Coordinator
Greenpeace International
Keizersgracht 176
1016 DW Amsterdam Netherlands
Tel: 31-20-523-6222
Fax: 31-20-523-6200
E-mail: mgianni@ams.greenpeace.org

GRAHAM Alistair
ISOFISH Coordinator
148b Elizabeth Street
Hobart 7000 Tasmania Australia
Tel: +61 (0)3 6231 2564
Fax: +61 (0)3 6231 2596
Email: tct@southcom.com.au

HALLMAN Brian
Marine Resource Adviser - I-ATTC
8604 La Jolla Shores Drive
La Jolla, CA 92037-1508 USA
Tel: +001-858 546 7028
Fax: +001-858 546 7133
Email: bhallman@iattc.org

HARROD David
Manager Operation Standards
Australian Maritime Safety Authority
PO Box 2181, Canberra 2601 Australia
Tel: +61 2 6279 5656, 0419 639 112
Fax: +61 2 6279 5966
Email: david.harrod@amsa.gov.au

HAY Ian
Senior Policy Adviser
Australian Antarctic Division
Channel Highway
Kingston Tasmania 7050 Australia
Tel: +61 3 6232 3509
Fax: +61 3 6232 3500
Email: ian.hay@antdiv.gov.au

HAZIN Fabio Hissa Vieira
Fisheries and Aquaculture Department
Ministry of Agriculture
Rua das Pernambucanas, 377
Apt 1102, Gracas
Recife-PE Brazil
Tel: 55-81-2214279 (home)
Tel/Fax: 55-81-4417276
E-mail: fhvhazin@elogica.com.br

HO Peter
President
Overseas Fisheries Development Council
19, Lane 113, Roosevelt Road
Sec. 4, Taipei
Tel: +886-2-2738-1522
Fax +886-2-2738-4329
Email: pscho@ofdc.org.tw

IWATA Tsuyoshi
Assistant Section Chief
International Affairs Division
Fisheries Policy Planning Department
Fisheries Agency of Japan
1-2-1 Kasumigaseki, Chiyoda-ku
Tokyo, 100-8907 Japan
Tel: +81-3-3591-1086
Fax: +81-3-3502-0571
E mail: tsuyoshi_iwata@nm.maff.go.jp

JOHNS Murray
Chair IUU Steering Committee
Fisheries and Aquaculture Branch
Dept of Agriculture Fisheries & Forestry
GPO Box 858, Canberra ACT 2601 Australia
Tel: +61 2 6272 4813
Fax: +61 2 6272 4215
Email: murray.johns@affa.gov.au

KARNICKI Zbigniew S.
Director
Fishery Policy and Planning Division
Fisheries Department
FAO
Viale delle Terme di Caracalla
00100 Rome Italy
Tel: +39-06-570-54138
Fax: +39-06-570-56500
Email: zbigniew.karnicki@fao.org

KIM Mean Jhong
Executive Vice Chairman
Korea Deep Sea Fisheries Association
Seocho PO Box 162
Samho Centre Building “A”
275-1 Yangjae-Dong, Seocho-Ku
Seoul, Republic of Korea
Tel: +82 2 589 1621
Fax: +82 2 589 1630/1631
E-mail: fleur@kodefa.or.kr

KOMATSU Masayuki
Counsellor
Fisheries Policy Planning Department
Fisheries Agency of Japan
1-2-1 Kasumigaseki, Chiyoda-ku
Tokyo 100-8950 Japan
Tel: +81 3 3591 1086
Fax: +81 3 3502 0571
Email: masayuki.komatsu@nm.maff.go.jp

LOBACH Terje
Legal Advisor
Directorate of Fisheries
P.O.box 185, Sentrum
N-5804 Bergen Norway
Tel: +47 55 23 8000
Fax: +47 55 23 8090
Email: terje.lobach@fiskeridir.dep.telemax.no

MILLER Denzil
Senior Specialist Scientist
Sea Fisheries Research Institute
P/Bag X2
Rogge Bay 8012 Cape Town South Africa
Tel: +27-(0)21-4023143
Fax +27-(0)21-4217406
E-mail: dmiller@sfri.wcape.gov.au

MIYAKE Peter
Assistant Executive Secretary
International Commission for the Conservation of Atlantic Tuna
C. Corazon de Maria 8 - 6th floor
28002 Madrid Spain
Tel: +34-91-416 5600
Fax: +34-91-415 2612
Email: peter.miyake@iccat.es

MOORE Margaret (Ms)
Senior Policy Officer - Marine
World Wide Fund for Nature Australia
1st Floor, 9 Church St
Hawthorn Victoria 3122 Australia
Tel: +61 3 9853 7244
Fax: +61 3 9853 4156
E-mail: mmoore@wwf.org.au

OWEN Daniel
European Commission
DG FISH (Legal Unit - A.3)
Rue de la Loi 200
B-1049 Bruxelles Belgium
Ph: +32 2 296 9734
Fax: +32 2 295 1942
email: Daniel.Owen@cec.eu.int

PHILLIPS Terrence
Resource Assessment Unit Leader
Shrimp and Groundfish Resources Assessment Unit
CFRAMP
LP#123 Western Main Road
Chaguaramas Trinidad and Tobago
Tel: +868 634 4528
Fax: +868 634 4549
E-mail: tphillips@wow.net

PLÉ Jean-Pierre
Chairman
NAFO Standing Committee on Fishing Activities of
Non-contracting Parties in the Regulatory Area
Office of Marine Conservation (Room 5806)
Senior Atlantic Fisheries Officer
Department of State
2201 C Street NW
Washington D.C. 20005 USA
Tel: +001 202 647 1073
Fax: +001 202 736 7350
Email: plejp@state.gov

PRIDEAUX Margi (Ms)
National Marine Campaign Coordinator
Australian Conservation Foundation
120 Wakefield Street
Adelaide SA 5000 Australia
Tel: +61 8 8232 2566
Fax: +61 8 8232 2490
E-mail: margi@tne.net.au
E-mail: m.prideaux@acfonline.org.au

PROULX Eugene
Special Agent in Charge
National Marine Fisheries Service
Southeast Enforcement Division
9721 Executive CTR DR North
St Petersburg FL 33702-2439 USA
Tel: +001 727-570-5344 (Ext.101)
Fax: +001 727 570 5355
Email: gene.proulx@noaa.gov

PULVENIS Jean-Francois
Embajador
Director de Fronteras Maritimas
Ministerio de Relaciones Exteriores
Esquina Carmelitas, Torre M.R.E. Piso 13
Caracas Venezuela
Tel:+58 2 8621085 / 8626679
Fax: +58 2 8611186
Email: dgsftm@mre.gov.ve
E-mail: Jean.f.pulvenis@excite.com

RAJ G P
Joint Director (Operations)
Coast Guard Headquarters
National Stadium Complex
New Delhi - 110 001
Tel: +91 11 3388 669
Fax: +91 11 3383 196
Email: vprotectvsnl.com

RAMCHARRUN Boodhun
Scientific Officer
Albion Fisheries Research Centre
Albion, Petite Riviere Mauritius
Tel: 230 238 4100
Fax: 230 238 4184
Email: anbrvh@intnet.mu

ROHAN Geoff
General Manager, Operations
Australian Fisheries Management Authority
Box 7051
Canberra Mail Centre, ACT 2601 Australia
Tel: +61 2 6272 5052
Fax: +61 2 6272 5784
Email: geoff.rohan@afma.gov.au

SAUNDERS Allison J (Ms)
Oceans Law Section (JLO)
Department of Foreign Affairs and International Trade
Government of Canada
125 Sussex Drive
Ottawa, Ontario KIA 0G2 Canada
Tel: 613 996 2643
Fax: 613 992 6483
E-mail: allison.saunders@dfait-maeci.gc.ca

SINELNIKOV Igor Z.
Alternate Observer of the Russian Federation to FAO
Bureau of the Permanent Observer of the Russian Federation to FAO
Via Gaeta 5
00185 Rome Italy
Tel: 39 06 4941 680
Fax: 39 06 4910 31
Email: sinelnikov@libero.it

SWAN Judith (Ms)
Consultant
SwanSea
P.O. Box 188
Waverley, Nova Scotia
BON 2S0 Canada
Tel: +001 902 860 1758
Fax: +001 902 860 0390
Email: swansea@compuserve.com

TINKHAM Stetson
Senior Pacific Fishery Officer
Department of State
OES/OMC Rm 5806
Washington, D.C. 20520-7818 USA
Tel: +001 202 647 3941
Fax: +001 202 736 7350
Email: toucan@ix.netcom.com

TOKRISNA Ruangrai (Ms)
Faculty of Economics
Kasetsart University
Jatujark
Bangkok 10900, Thailand
Tel: 66-2-561 3467
Fax: 66-2-942 8047
E-mail: fecorrt@ku.ac.th

USHAKOV Evgeny
Chief Expert
Department of Marine Guards
Federal Border Service
Moscow
Tel: 001-095-925 8632
Fax: 001-095-925 8513

VERAZAY Guillermo
Instituto Nacional De Investigacion Y Desarrollo Pesquero
Paseo Victoria Ocampo No 1
7600 Mar Del Plata Argentina
Tel: 0054223-4862586
Fax: 0054223-4861830
E-mail: gverazay@inidep.edu.ar

VU Huy Thu
Deputy Director
Fisheries Resources and Environment Conservation Department
Ministry of Fisheries
10 Nguyen Cong Hoan Street
Ba Dinh District, Hanoi Vietnam
Tel: +84 4 771 6299
Fax: +84 4 835 3363
E-mail: htqt@hn.vnn.vn

WAN Teo Siong
Head
Fisheries Management Information System
Kuala Lumpur Malaysia
Tel: 03-2954610
Fax: 03-2910305
Email: teosio01@dof.moa.my

WILLOCK Anna (Ms)
Senior Fisheries Advisor
Traffic Oceania
GPO Box 528
Sydney NSW 2001 Australia
Tel: +61 2 9280 1671
Fax: +61 2 9212 1794
Email: awillock@traffico.org

WOJCIK Ireneusz
Vice-President
Fisheries Development Association
ul. Kollataja 1
81-332 Gdynia Poland
Tel: +48 58 627 64 54; 620 05 15
Fax: +48 58 620 79 23; 620 28 31
E-mail: storyb@mir.gdynia.pl

YBANEZ Ignacio
Subdirector General
Organizmos Multilaterales De Pesca
Secretaria General de Pesc Maritima
Ministerio de Agricultura, Pesca y Alimentacion
Jose Ortega u Gasset 57
Madrid, Spain
Tel: +34 91402 7404
Fax: +34 91309 3967
E-mail: iybanezr@mapya.es

ZHOU Yingqi
President Office
Shanghai Fisheries University
224 Jun Gong Road
Shanghai 200090 PR China
Tel: 86 21 657 102 96 / 102 93
Fax: 86 21 656 842 87
E-mail: yqzhou@shfu.edu.cn

SECRETARIAT

ALLAIS Julie (Mrs)
Conference Organiser
Bureau of Rural Sciences
PO Box E11
Kingston, ACT 2604 Australia
Tel: +61 2 6272 4430
Fax: +61 2 6272 5050
Email: julie.allais@brs.gov.au

DUONG Michael

Conference Assistant
Fisheries & Aquaculture Branch
Dept of Agriculture Fisheries & Forestry
GPO Box 858
Canberra ACT 2601 Australia
Tel: +61 2 6272 4202
Fax: +61 2 6272 4215
Email: michael.duong@affa.gov.au

GUYONNET Marianne (Ms)

Bilingual Stenographer
Fisheries Policy and Planning Division
Fisheries Department
FAO
Viale delle Terme di Caracalla
00100 Rome Italy
Tel: +39-06-570-53951
Fax: +39-06-570-56500
Email: marianne.guyonnet@fao.org

Appendix C. List of Documents

AUS:IUU/2000/1

Agenda and Timetable

AUS:IUU/2000/2

Overview of IUU Fishing

AUS:IUU/2000/3

Report of the Expert Consultation, Incorporating a Draft International Plan of Action to Combat IUU Fishing

AUS:IUU/2000/4

Illegal, Unreported and Unregulated Fishing: Mandate for an International Plan of Action

AUS:IUU/2000/5

The Importance of Taking Cooperative Action Against Specific Fishing Vessels that are Diminishing Effectiveness of Tuna Conservation and management Measures

AUS:IUU/2000/6

A Global Review of IUU Fishing

AUS:IUU/2000/7

Paper not submitted.

AUS:IUU/2000/8

Tools to Address IUU Fishing: The Current Legal Situation

AUS:IUU/2000/9

National Legislative Options to Combat IUU Fishing

AUS:IUU/2000/10

The Role of National Fisheries Administrations and Regional Fisheries Bodies (RFBs) in Adopting and Implementing Measures to Combat IUU Fishing

AUS:IUU/2000/11

Measures to Enhance the Capability of a Flag State to Exercise Effective Control Over a Fishing Vessel

AUS:IUU/2000/12

The Consequences of Illegal Unregulated and Unreported Fishing for Fishery Data and Management

AUS:IUU/2000/13

The International Plan of Action for the Management of Fishing Capacity and Selected Issues Pertaining to Illegal Unregulated and Unreported Fishing

AUS:IUU/2000/14

MCS and VMS Requirements to Combat IUU Fishing

AUS:IUU/2000/15

Measures to be Adopted by the Port State in Combating IUU Fishing

AUS:IUU/2000/16

WTO-Consistent Trade-Related Measures to Address IUU Fishing

AUS:IUU/2000/17

WTO-Consistent Trade-Related Measures to Address IUU Fishing - Developing Country Issues

AUS:IUU/2000/18

IUU Fishing and Considerations for Developing Countries

Appendix D. Preliminary draft - International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing

I. INTRODUCTION

1. In the context of the Code of Conduct for Responsible Fisheries and its overall objective of sustainable fisheries, the issue of illegal, unreported and unregulated (IUU) fishing in world fisheries is of serious and increasing concern. IUU fishing undermines efforts to conserve and manage fish stocks in all capture fisheries. When confronted with IUU fishing, national and regional fisheries management organizations fail to achieve management goals. This situation leads to the loss of both short and long-term social and economic opportunities. IUU fishing can lead to the collapse of a fishery or seriously impair efforts to rebuild stocks that have already been depleted. Existing international instruments addressing IUU fishing have not been effective due to a lack of political will, priority, capacity and resources.

2. The Twenty-third Session of the FAO Committee on Fisheries (COFI) in February 1999 addressed the need to prevent, deter and eliminate IUU fishing. The Committee was concerned about information presented indicating increases in IUU fishing, including fishing vessels flying “flags of convenience”. Shortly afterwards, an FAO Ministerial Meeting on Fisheries in March 1999 declared that, without prejudice to the rights and obligations of States under international law, FAO “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” through co-ordinated efforts by States, FAO, regional fisheries management bodies and other relevant international agencies such as the International Maritime Organization (IMO), as provided in Article IV of the Code of Conduct.” The Government of Australia, in cooperation with FAO, organized an Expert Consultation on Illegal, Unreported and Unregulated Fishing in Sydney, Australia, from 15 to 19 May 2000. Subsequently, an FAO Technical Consultation on Illegal, Unreported and Unregulated Fishing was held in Rome from 2 to 6 October 2000.

II. NATURE AND SCOPE OF IUU FISHING AND THE INTERNATIONAL PLAN OF ACTION

3. The scope of the IUU fishing problem encompasses fishing and related activities, including:

4. The International Plan of Action (IPOA) is voluntary. It has been elaborated within the framework of the Code of Conduct as envisaged by Article 2 (d).

5. Articles 1.1, 1.2 and 3 of the Code of Conduct apply to the interpretation and application of this IPOA and its relationship with other international instruments. The IPOA is also directed as appropriate towards fishing entities.

6. In this document:

(a) the reference to States includes the European Community in matters within its competence;

(b) the term “regional” includes sub-regional, as appropriate;

(c) the term “regional fisheries management organization” includes a fisheries body or an arrangement, as appropriate;

(d) the term “1982 UN Convention” refers to the United Nations Convention on the Law of the Sea of 10 December 1982;

(e) the term “1993 FAO Compliance Agreement” refers to the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, approved by the FAO Conference on 24 November 1993.

(f) the term “1995 UN Fish Stocks Agreement” refers to the Agreement for the Implementation 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

7. This document is a further commitment by all States to implement the Code of Conduct.

III. OBJECTIVE AND PRINCIPLES

8. The objective of the IPOA is for all States and regional fisheries management organizations to commence implementation, as soon as possible but preferably within 2 years after the adoption of this IPOA, of comprehensive, effective and transparent actions to prevent, deter and eliminate IUU fishing and related activities.

9. The IPOA to prevent, deter and eliminate IUU fishing and related activities incorporates the following principles and strategies:

IV. KEY ACTIONS IN COMBATING IUU FISHING

10. The key actions for implementation through this IPOA include:

V. IMPLEMENTATION OF MEASURES TO PREVENT, DETER AND ELIMINATE IUU FISHING

ALL STATE RESPONSIBILITIES

International Instruments

11. States should give full effect to relevant norms of international law in particular as reflected in the 1982 UN Convention in order to prevent, deter and eliminate IUU fishing and related activities.

12. States are encouraged, as a matter of priority, to ratify, accept or accede to, as appropriate, the 1982 UN Convention, the 1995 UN Fish Stocks Agreement, the 1993 FAO Compliance Agreement and other recently concluded international fisheries instruments.

13. States should implement fully and effectively all relevant international fisheries instruments, including the Code of Conduct and its associated International Plans of Action.

National Legislation

Legislation

14. National legislation should address in an effective manner all aspects of IUU fishing and related activities, including through ensuring internal consistency and harmonization.

15. Legislation should address, inter alia, evidentiary standards and admissibility, in particular relating to the use of electronic evidence and new technologies.

State Control Over Nationals

16. States should take effective measures, such as the creation of offences, to ensure that natural or legal persons subject to their jurisdiction do not engage in fishing and related activities, wherever they occur, that contravene or undermine applicable conservation and management measures or provisions adopted at a national, regional or global level.

17. All States should cooperate to identify natural or legal persons who are the operators or beneficial owners of vessels engaged in IUU fishing and related activities. All States having jurisdiction over such persons should do their utmost to ensure that no vessel owned or operated by those persons fishes in a manner which undermines or contravenes applicable conservation and management measures or provisions adopted at a national, regional or global level.

Stateless Vessels

18. States should take measures, consistent with international law, enabling them to assume national jurisdiction in relation to stateless vessels on the high seas involved in IUU fishing and related activities.

Sanctions

19. States should ensure that sanctions for IUU fishing and related activities are of sufficient severity to effectively deter IUU fishing and related activities and to deprive offenders of the benefits accruing from such fishing. This may include the adoption of a civil sanction regime based on an administrative penalty scheme. States should ensure the harmonious, consistent and transparent application of sanctions.

Monitoring, Control and Surveillance

20. States should undertake comprehensive and effective monitoring, control and surveillance (MCS) of fishing and related activities from the commencement of such activities, through the point of landing, to final destination, including by:

National Plans of Action

21. States should, as appropriate, develop, implement and monitor national plans of action to further achieve the objectives of this IPOA and give full effect to its provisions. These plans should also include actions to implement initiatives adopted by regional fisheries management organizations to prevent, deter and eliminate IUU fishing and related activities. In doing so, States should encourage the full participation and engagement of all interested stakeholders, including industry, communities and non-governmental organizations.

22. States should endeavour to develop, adopt and make public their review of the plans within two years of the adoption of this IPOA. At least every four years, States should review the implementation of their national plans to prevent, deter and eliminate IUU fishing and related activities for the purpose of identifying cost-effective strategies to increase effectiveness.

23. States should ensure that national efforts to prevent, deter and eliminate IUU fishing and related activities are internally co-ordinated. In particular, national delegations to the IMO, the FAO and regional fisheries management organizations should co-ordinate their activities.

Cooperation Between States

24. States should co-ordinate their activities and cooperate directly and through appropriate regional fisheries management organizations in preventing, deterring and eliminating IUU fishing and related activities. In particular, States should:

(a) exchange data or information, preferably in standardized format, from records of vessels authorized by them to fish, in a manner consistent with any applicable confidentiality requirements;

(b) allow and enable their respective MCS practitioners or enforcement personnel to cooperate in the investigation of IUU fishing and related activities, and to this end States should collect and maintain data and information relating to such fishing and related activities;

(c) cooperate in effective acquisition, management and verification of all relevant data and information from fishing and related activities;

(d) cooperate in transferring expertise and technology;

(e) harmonize policies and measures, including as appropriate the severity of sanctions;

(f) develop cooperative mechanisms that allow, inter alia, rapid response to IUU fishing and related activities;

(g) cooperate in monitoring, control and surveillance;

(h) and publicize widely details of IUU fishing and related activities and actions taken to eliminate it in a manner consistent with any applicable confidentiality requirements.

25. States whose nationals fish on the high seas in fisheries not regulated by a regional fisheries management organization, particularly new or exploratory fisheries, should fully implement their obligations under Part VII of the 1982 UN Convention to take measures with respect to their nationals as may be necessary for the conservation of the living resources of the high seas.

26. States should ensure that the technical capacity and resources which are needed to implement the plan are available, including through the establishment of special funds at the national, regional or global level.

FLAG STATE RESPONSIBILITIES

Vessel Registration

27. States should ensure that fishing vessels flying their flag do not engage in any activity that contravenes or undermines the effectiveness of conservation and management measures or provisions adopted at a national, regional or global level.

28. A flag State should ensure, before it registers a vessel, that it can exercise its responsibility to ensure that its vessels comply with relevant conservation and management measures or provisions adopted at a national, regional or global level. Before a flag State accepts a vessel for registration, it should contact the previous flag State of that vessel for the purpose of ascertaining or verifying the reasons for reflagging, and establishing whether that vessel has a history of non-compliance with conservation and management measures or provisions adopted at a national, regional or global level. If the registration has been approved, the new flag State should advise the previous flag State of that approval.

29. Flag States should avoid flagging vessels with a history of non-compliance except where:

(a) the ownership of the vessel has subsequently changed and the new owner has provided sufficient evidence demonstrating that the previous owner or operator has no further legal, beneficial or financial interest in, or control of, the vessel; or

(b) having taken into account all relevant facts, the flag State determines that flagging the vessel would not result in undermining conservation and management measures or provisions adopted at a national, regional or global level.

30. Paragraphs 28 and 29 above should also apply mutatis mutandis to chartering arrangements.

31. In relation to a bareboat charter, flag States should consider any request for registration as a registration de novo and should require the vessel’s previous registration to be cancelled or suspended for the duration of the charter. The new flag State should require, as a minimum, details of the legal owners, mortgages, liens and other encumbrances.

32. Flag States should deter vessels from reflagging for the purposes of non-compliance with conservation and management measures or provisions adopted at a national, regional or global level. To the extent practicable, the actions and standards flag States adopt should be uniform to avoid creating incentives for vessel owners to reflag their vessels to other States.

33. States should take all practicable steps, including denial to a vessel of an authorization to fish and fly that State’s flag, to prevent “flag hopping”; that is to say, the practice of repeated and rapid changes of a vessel’s flag for the purposes of circumventing conservation and management measures or provisions adopted at a national, regional or global level or of facilitating non-compliance with such measures or provisions.

34. Although the functions of registration of a vessel and issuing of an authorization to fish are separate, flag States should consider conducting these functions in a manner which ensures each gives appropriate consideration to the other. Flag States should ensure appropriate links between the operation of their vessel registers and the record those States keep of their fishing vessels. Where such functions are not undertaken by one agency, States should ensure sufficient cooperation and information sharing between the agencies responsible for those functions.

35. A Flag State should consider making its decision to register a fishing vessel conditional upon its decision to provide to the vessel an authorization to fish in waters under its jurisdiction, or on the high seas, or conditional upon an authorization to fish being issued by a coastal State to the vessel when it is under the control of that flag State.

Record of Fishing Vessels

36. Each flag State's Record of Fishing Vessels should include:

Authorization to Fish

37. Where required, vessels should carry on board a valid authorization to fish. Each State’s authorization process may include, but need not be limited to:

38. Flag States should ensure that their fishing, transport and support vessels do not operate in a manner that undermines or contravenes the conservation and management measures adopted at a national, regional or global level. To this end, flag States should ensure that none of their vessels re-supply fishing vessels engaged in such activities or tranship fish to or from these vessels.

39. Flag States should ensure that all of their fishing, transport and support vessels involved in transshipment at sea, report to the national fisheries administration:

Such reporting should be the responsibility of the agency with the authority for fishery management.

40. Flag States should consider entering into agreements or arrangements with other States for the mutual enforcement of applicable laws and conservation and management measures or provisions adopted at a national, regional or global level. States should be encouraged to cooperate in such enforcement endeavours which may be initiated by either a coastal, port or flag State.

Cooperation

41. A flag State should make available to interested parties including other States, and regional and international organizations, information about vessels leaving its register or whose authorization to fish has been cancelled and the reason therefore.

42. In order to facilitate cooperation and exchange of information, each State and regional or international organization should nominate and publicize initial formal contact points.

43. Flag States should make information from catch and transshipment reports available in a timely manner to relevant national, regional and international organizations.

PORT STATE MEASURES

44. When used in this section, port access means access to ports and other facilities for the purpose of refuelling, re-supplying, transshipping and landing.

45. Prior to allowing the vessel port access, States should require fishing vessels seeking to enter their ports to declare that the vessel has not engaged in IUU fishing and related activities. and that the vessel is willing to be inspected in this regard by port State authorities.

46. A port State should allow a vessel port access only if the vessel operator satisfies the port State that the vessel has conducted the fishing and related activities it has undertaken in a manner consistent with applicable national and international law, including conservation and management measures and provisions adopted at the national, regional and global level (that is to say, it has not engaged in IUU fishing and related activities).

47. States should designate ports at which foreign flagged vessels may be permitted to enter and should ensure that these ports have the capacity to conduct inspections as follows:

(a) in the course of an inspection States should collect the following information and remit it to the flag State and, where appropriate, the relevant regional fisheries management organization:
i) the flag State of the vessel and identification details;

ii) name, nationality, and qualifications of the master and the fishing master;

iii) fishing gear;

iv) catch on board, including origin, species, form, and quantity; and

v) where appropriate, other information required by regional fisheries management organizations or other international agreements;

(b) if in the course of an inspection, it is found that there are reasonable grounds to suspect that the vessel has engaged in IUU fishing and related activities in areas beyond the jurisdiction of the port State, the port State should, in addition to such actions it may take consistent with international law, immediately report the matter to the flag State of the vessel and, where appropriate, the relevant regional fisheries management organization, as well as other action with the consent of, or upon the request of, the flag State; and

(c) States should safeguard the confidentiality of information collected, in accordance with their national laws.

48. States should establish a national strategy and procedures for port State control of vessels involved in fishing and related activities, including training, technical support, qualification requirements and general operating guidelines for port State control officers. States should also consider capacity-building needs in the development and implementation of this strategy.

49. States should cooperate bilaterally, multilaterally and within regional fisheries management organizations, to develop or harmonize measures for port State control of fishing vessels. Such measures should deal with the information to be collected by port States, procedures for information collection, and measures for dealing with suspected infringements by the vessel of measures adopted under these national, regional or international systems.

50. States should develop within regional fisheries management organizations port State measures building on the presumption that fishing vessels flying the flag of non-cooperating States sighted in the area of that particular organization are undermining the effectiveness of the organization’s conservation, management and enforcement measures and prohibit landings and transshipment of catch unless the vessel can establish that the catch was taken in a manner consistent with those measures.

51. States should enhance cooperation, including by the flow of relevant information, among and between regional fisheries management organizations and States on port State controls.

52. FAO, in concert with States and other international agencies of relevant competence such as the IMO, should convene a conference addressing the establishment of bilateral and multilateral instruments (such as Memoranda of Understanding on port State controls) to deter IUU fishing and related activities. Items that should, inter alia, be addressed by this conference include:

53. States should elaborate a binding international agreement on port State controls to deter IUU fishing and related activities.

MARKET RELATED MEASURES

54. States should take all steps necessary, consistent with international law, to prevent fish caught by vessels engaged in IUU fishing and related activities being imported into their territories or being traded by their natural or legal persons.

55. States should cooperate, including through global and regional fisheries management organizations to adopt appropriate trade-related measures that may be necessary to prevent, deter and eliminate IUU fishing and related activities in specific species. Trade-related measures should be consistent with the principles, rights and obligations established in the WTO Agreement and implemented in a fair, transparent and non-discriminatory manner. Trade-related measures may be used to support cooperative efforts to ensure that trade in specific fish and fish products does not undermine the effectiveness of conservation and management measures which are consistent with the 1982 UN Convention.

56. Trade-related measures to reduce or eliminate trade in fish and fish products derived from IUU fishing and related activities could include the adoption of catch documentation and certification requirements, as well as other appropriate measures such as import and export prohibitions.

57. In particular, species-specific trade-related measures may be necessary to reduce or eliminate the economic incentive for vessels to engage in IUU fishing and related activities.

58. States should support the implementation of trade-related measures adopted by regional fisheries management organizations, including certification and documentation requirements, to reduce or eliminate commerce in specific fish species and fish products derived from IUU fishing and related activities.

59. States should improve the transparency of their markets to allow the identification of natural or legal persons, involved in, or benefiting from, trading or processing of fish and fish products derived from IUU fishing and related activities.

60. States should assist any State in deterring trade in fish and fish products illegally harvested in its jurisdiction.

61. States should consider urging their importers, transshippers, consumers, equipment suppliers, bankers, insurers and other services suppliers to voluntarily forego doing business with vessels identified as engaged in IUU fishing and related activities by the relevant regional fisheries management organizations.

62. States should also consider urging their fishers to voluntarily forego doing business with importers, transshippers, consumers, equipment suppliers, bankers, insurers and other services suppliers identified as doing business with vessels identified as engaged in IUU fishing and related activities by the relevant regional fisheries management organizations.

63. States should adopt measures, such as legislation, which make it a violation for any person to trade in any fish or fish product derived from fishing and related activities undertaken in a manner inconsistent with applicable national or international law, measures adopted by relevant regional fisheries management organizations or other international arrangements. Such violations should be subject to sanctions of sufficient severity to deter such trade and deprive offenders of the benefits accruing from such trade.

64. States should encourage scientific research on methods of identifying fish species from samples of processed products. FAO should facilitate the establishment of a network of databases of genetic and other markers used to identify fish species from processed product, including the ability to identify the stock of origin where possible.

65. States should adopt Harmonized System customs codes for fish and fisheries products whose trade may undermine the objectives of a regional fisheries management organization.

66. Certification and documentation requirements should be standardized to the extent feasible, and electronic schemes developed where possible, to ensure their effectiveness, reduce opportunities for fraud, and avoid unnecessary burdens on trade.

REGIONAL FISHERIES MANAGEMENT ORGANIZATIONS

67. This Part is applicable to all regional fisheries management organizations, as well as regional organizations dealing with fisheries matters within their areas of competence.

68. Regional fisheries management organizations play a unique and essential role in preventing, deterring and eliminating IUU fishing and related activities. States should cooperate in the establishment of such organizations in regions where none currently exists.

69. The cooperation of all States is important for the success of relevant measures taken by regional fisheries management organizations in regard to the prevention, deterrence and elimination of IUU fishing and related activities, whether they are members or non members. States should ensure compliance and enforcement with the measures and policies having a bearing on IUU fishing adopted by any relevant regional fisheries management organization.

70. Members of regional fisheries management organizations should take action to strengthen such bodies as appropriate, and develop innovative ways to deter, prevent and eliminate IUU fishing and related activities. Such regional fisheries management organizations should take into account the rapidly growing body of measures and actions already taken by regional fisheries management organizations to prevent, deter and eliminate IUU fishing and related activities, and should contribute to harmonized approaches. Consideration should be given to including the following measures:

(a) institutional strengthening, as appropriate, of regional fisheries management organizations with a view to enhancing their capacity to prevent, deter and eliminate IUU fishing and related activities;

(b) development of incentives and disincentives to induce compliance with conservation and management measures;

(c) development and implementation of comprehensive arrangements for mandatory reporting;

(d) establishment of and cooperation in the exchange of information on vessels engaged in IUU fishing and related activities;

(e) development of records of vessels fishing in the area of competence of a regional fisheries management organization, including both those authorized to fish and those engaged in IUU fishing and related activities;

(f) development of methods of compiling and using trade information to monitor IUU fishing and related activities;

(g) development of MCS, including real time catch and vessel monitoring systems, other new technologies, monitoring landings, port control and inspections and regulation of transshipment;

(h) development of observer programmes;

(i) development of catch documentation schemes;

(j) development of trade measures consistent with international law;

(k) definition of circumstances in which vessels will be presumed to have engaged in IUU fishing and related activities;

(l) development of education and public awareness programmes;

(m) development of action plans; and

(n) examination and monitoring, without prejudice to sovereign rights, of chartering arrangements in order to determine whether they are undermining conservation and management measures.

71. Regional fisheries management organizations should encourage and facilitate non-contracting parties, in particular those with significant fishing capacity or undertaking significant fishing and related activities, to join regional fisheries management organizations and to participate fully in their work. Where this is not possible, regional fisheries management organizations should encourage and facilitate the participation and cooperation of non-contracting parties, in accordance with relevant international agreements and international law, in the conservation and management of the relevant fisheries resources by giving effect to conservation and management measures adopted by such regional fisheries management organizations. Regional fisheries management organizations should address the issue of access to the resource in a timely, realistic and equitable manner in order to foster cooperation and enhance sustainability in the fishery.

72. Regional fisheries management organizations should proactively develop cooperative mechanisms to prevent, deter and eliminate IUU fishing and related activities. Regional fisheries management organizations are strongly encouraged to regularise and prioritize such cooperation and co-ordination, particularly in the following areas:

(a) improving the institutional capacity for establishment and maintenance of fishing vessel records and related information, participation in existing regional and international information systems, and timely and effective collection and dissemination of information in respect of members and non-members;

(b) the policies and measures to provide incentives for comprehensive membership and compliance with management measures;

(c) co-ordination and standardization of schemes, reports and measures in relation to IUU fishing and related activities;

(d) developing and implementing policies and measures relating to inspection and enforcement; and

(e) implementation and periodic review of programmes to monitor landings, chartering arrangements, port State controls and inspection, transshipments and trade.

73. Regional fisheries management organizations should compile and make available on a timely, and at least on an annual basis to other regional fisheries management organizations and to FAO information relevant to the prevention, deterrence and elimination of IUU fishing and related activities, including:

74. Objectives of institutional and policy strengthening in regional fisheries management organizations in relation to IUU fishing and related activities should include enabling regional fisheries management organizations to:

(a) determine policy objectives regarding IUU fishing and related activities, both for internal purposes and co-ordination with other regional fisheries management organizations;

(b) strengthen institutional mechanisms as appropriate, including mandate, functions, finance, decision making, reporting or information requirements and enforcement, for the optimum implementation of policies in relation to IUU fishing and related activities;

(c) regularize co-ordination with institutional mechanisms of other regional fisheries management organizations as far as possible in relation to IUU fishing and related activities, in particular information, enforcement and trade aspects; and

(d) ensure timely and effective implementation of policies and measures internally, and in cooperation with other regional fisheries management organizations and relevant regional and international organizations.

75. When a State fails to ensure that a fishing vessel flying its flag, or its nationals, comply with a regional fisheries management organization’s conservation and management measures, that organization should draw the problem to the attention of such State. If non-compliance is not rectified, Members of the organization should agree to adopt appropriate measures, such as prohibition of port access, prohibition on transshipment, non-discriminatory trade measures consistent with international law, including banning the import of the fish caught by vessels registered in the State or of fish which any natural or legal person who is a beneficial owner or operator of such vessel or who has been involved in IUU fishing seeks to import.

VI. SPECIAL REQUIREMENTS OF DEVELOPING COUNTRIES

76. States should cooperate to support training and institutional strengthening and consider providing financial, technical and other assistance to developing countries so that they can more fully meet their commitments under this IPOA and obligations under international law, including their duties as flag States. To this end States should cooperate to establish a trust fund to assist developing countries. The fund so created should be targeted to build awareness among stakeholders, to enable the review and revision of national legislation and regional regulatory frameworks, to enable the improvement and harmonization of fisheries and related data collection, and to enable the strengthening and enhancement of integrated MCS systems.

77. States should recognize that bilateral or other arrangements may be helpful as a means of providing technical assistance and infrastructure to improve standards of their registers. The use of technical cooperation programmes is to be encouraged.

VII. REPORTING

78. States and regional fisheries management organizations should report to FAO on progress with the elaboration and implementation of their plans to prevent, deter and eliminate IUU fishing and related activities as part of their biennial reporting to FAO on the Code of Conduct.

VIII. ROLE OF FAO

79. FAO will, as and to the extent directed by its Conference, collect all relevant information and data that might serve as a basis for further analysis aimed at identifying factors and causes contributing to IUU fishing and related activities such as, inter alia, a lack of input and output management controls, unsustainable fishery management methods and subsidies that contribute to IUU fishing and related activities.

80. FAO will, as and to the extent directed by its Conference, support development and implementation of national and regional plans to prevent, deter and eliminate IUU fishing and related activities through specific, in-country technical assistance projects with Regular Programme funds and through the use of extra-budgetary funds made available to the Organization for this purpose.

81. FAO should conduct a study of existing obligations under Part VII of the 1982 UN Convention in relation to IUU Fishing and related activities and how States are implementing these obligations. To assist FAO in this task, States should provide information to FAO on the manner in which they are implementing obligations under Part VII of the 1982 UN Convention. States should review the FAO study and consider the elaboration of obligations under Part VII of the 1982 UN Convention, in particular, the elaboration of obligations relating to high seas stocks other than straddling fish stocks or highly-migratory fish stocks.

82. FAO should include on the agenda of the FAO/IMO ad hoc Joint Working Group on IUU Fishing and Related Matters the further investigation of the issue of the impact of chartering and bareboat chartering arrangements on IUU fishing and related activities and recommend measures to manage it.

83. FAO should develop a simple, standardized format for the collection and collation of transshipment information supplied by flag States.

84. FAO should investigate the benefits of establishing and maintaining regional and global databases, including but not limited to, information as provided for in article VI of the 1993 FAO Compliance Agreement.

85. FAO will, through COFI, report biennially on the state of progress in the implementation of the IPOA on the basis of the information provided by all States and regional fisheries management organizations.

Appendix E. Opening Statement by Dr Z.S. Karnicki, Director, Fishery Policy and Planning Division, FAO Fisheries Department

TO 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

Honourable Minister,
Mr. Chairman,
Distinguished Participants,
Ladies and Gentlemen:

It is my pleasure to welcome you, on behalf of the Food and Agriculture Organization to this Expert Consultation on Illegal, Unregulated and Unreported Fishing organized by the Government of Australia, in cooperation with FAO.

IUUF is considered as a major factor undermining sustainability of fisheries. It is occurring all over the world in the Exclusive Economic Zones, on the high seas, in the waters under the jurisdiction of regional fisheries bodies, in marine fisheries as well as in inland water fisheries. Many, if not most of you, have been faced with IUUF problems in your daily work and I am sure you are fully aware of its detrimental effect on national, regional as well as global fisheries. We cannot expect efficient implementation of the Code of Conduct for Responsible Fisheries without dealing effectively with the IUUF problem. Although the problem has been known for some time, in recent years it has become more and more visible and is clearly going against the efforts of the international community to put order in world fisheries to ensure sustainable management of the major fish stocks exploited.

It was Australia who requested FAO and its member states at the Ministerial Meeting held in FAO Headquarters in Rome to deal with illegal, unregulated and unreported fishing as a matter of urgency. This request was fully endorsed and FAO's Fisheries Department took action to develop an International Plan of Action to combat IUUF. Here again, Australia came with strong support offering to host this Consultation and in order to facilitate its preparation, released Mr. Kevin Bray, Director of International Cooperation at the Ministry of Agriculture, Fisheries and Forestry of Australia for the period of six months to work in FAO Fisheries Department in preparation of this meeting. I wish, therefore, to express the appreciation of FAO and its Member States to the Government of Australia for its initiative, hospitality and a very constructive approach. I also wish to thank Mr. Kevin Bray for his dedication and hard work in preparation for our Consultation. It was a great pleasure to work with you, Kevin, and I am fully convinced that, together with Mr. David Doulman, who is FAO'S IUUF man, excellent work has been done in preparation for our meeting. Furthermore, I wish, at this point, to acknowledge the financial support provided by the Government of Canada, which has greatly facilitated participation in this meeting.

Ladies and Gentlemen:

We have ahead of us several days of hard work with the clear task to elaborate a preliminary draft of the International Plan of Action to combat IUUF. This document prepared by you will form the base for further negotiations in Rome at the beginning of October 2000 at the Technical Consultation on IUUF organized by FAO. I sincerely hope that the Twenty-fourth Session of FAO's Committee on Fisheries, which will meet in late February 2001, will be able to endorse the Plan and allow its Member States to take the necessary action for its urgent implementation.

The international community, during the last decade, made a concerted effort to develop a legal framework for responsible fisheries. In the present decade an effort should be made by all concerned to implement effectively these instruments at the national, regional and global level. This is the only way to ensure sustainability of global fisheries and to ascertain also that the future generations will be able to exploit aquatic resources even in the better way than we did.

It is not my intention to go deeply into the issues of IUUF, as David Doulman will provide you with more information on the subject soon. Therefore, at this point, I wish you, on behalf of the Director-General of FAO, a successful meeting and I am looking forward to cooperating with you in the elaboration of the International Plan of Action.

Thank you Mr. Chairman.



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