Fishing Vessels Operating under Open Registers and the Exercise of Flag State Responsibilities - Information and Options

FAO Fisheries Circular No. 980 FIPP/C980
ISSN 0429-9329

Judith Swan
Consultant
International Institutions and Liaison Service
FAO Fisheries Department

FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS
Rome, 2002

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© FAO 2002

Table of Contents

PREPARATION OF THIS CIRCULAR

ABSTRACT

LIST OF ACRONYMS

I. INTRODUCTION

II. POST-UNCED INTERNATIONAL INSTRUMENTS

1. Introduction
2. Cross-Cutting Areas
3. The Instruments

3.1 The 1982 Convention
3.2 The 1986 Convention on the Registration of Ships
3.3 The 1993 FAO Compliance Agreement
3.4 The 1995 UN Fish Stocks Agreement
3.5 The 1995 FAO Code of Conduct
3.6 The FAO IPOA on IUU Fishing (FAO IPOA-IUU)

3.6.1 Fishing Vessel Registration
3.6.2 Record of Fishing Vessels
3.6.3 Authorization to Fish

4. Summary

III. RATIONALE FOR THE OPERATION OF OPEN REGISTERS

1. Operation of Open Registers by States
2. Use of Open Registers by Shipowners
3. Use of Open Registers by Fishing Fleets

3.1 Increase in Number of Fishing Vessels on Open Registers
3.2 Vessel Size
3.3 Possible Rationales

3.3.1 Originating State Party to International Instruments
3.3.2 Open Registry State Party to International Instruments
3.3.3 Implementation of International Instruments by Open Registry States
3.3.4 Avoidance of International Conservation and Management Measures of RFMOs to which the originating State is Party
3.3.5 Reregistration after Deregistration of Vessels by Originating States to Reduce Capacity
3.3.6 Other Possible Rationales

4. Economic Motivations for Open Registry States to Implement Flag State Compliance Measures

IV. EFFECTIVE FLAG STATE CONTROL

1. Introduction
2. Open Registry States

2.1 General Information on Registration Procedures
2.2 National Policy, Legislation and Administrative Arrangements

2.2.1 Policy
2.2.2 Legislation
2.2.3 Administrative Arrangements
2.2.4 International Instruments and Agreements

2.3 Summary

3. Regional Fisheries Management Organizations

3.1 Fishing Activities by Open Registry Flag Vessels
3.2 Open Registry States and the RFMOs
3.3 Sanctions and Enforcement against Open Registry Fishing Vessels
3.4 Summary

4. Enforcement Measures

4.1 Open Registry States
4.2 Regional Fishery Management Organizations

4.2.1 CCAMLR
4.2.2 NPFAC
4.2.3 FFA

5. Summary

V. CONCLUSION

APPENDIX 1 - Open Registry States

APPENDIX 2 - Questionnaire sent to Open Registry States

APPENDIX 3 - Questionnaire sent to RFMOS

APPENDIX 4 - Fishing Vessels Registered on National Registers

APPENDIX 5 - Open Registry States Polled

APPENDIX 6 - Available Contact Information for Open Registry States that Register Fishing Vessels

APPENDIX 8 - ICCAT Recommendations & Resolutions Relating to Compliance

APPENDIX 9 - Tables