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Swan, J. Fishing Vessels operating under open registers and the exercise of flag State responsibilities. Information and options. FAO Fisheries Circular. No. 980. Rome, FAO. 2002. 65p. The number of fishing vessels operating under open registers is increasing. A related concern is to secure the effective control of fishing vessels by the flag State. This concern is evidenced by a range of post-United Nations Conference on Environment and Development (UNCED) international instruments that progressively include clearer and more thorough duties of the flag State. The purpose of this paper is to review activities relating to the fishing fleets of countries with open registries and, in particular, those activities that result from countries not exercising effective flag State control over those fleets. It is based on information available in the public domain and communications with officials in States, Regional Fisheries Management Organizations and international organizations and agencies. The current interpretation of the provision on the need for a “genuine link” between a ship and its flag is to secure more effective implementation of the duties of the flag State. An aim of this paper is to report on how and where this is being achieved. Flag State responsibilities in relation to fishing vessels are reviewed as they appear in the recent international instruments: the 1982 Convention, the FAO Compliance Agreement, the UN Fish Stocks Agreement, the FAO Code of Conduct for Responsible Fisheries and the FAO International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing. The rationale for maintaining or using open registries is discussed from the point of view of the open registry State, the shipowner and the fishing vessel owner. National policy, legislation and administrative arrangements for open registers are explained. The varying degrees of control and compliance implemented by the flag State are noted, and the effect of these on fishing fleets flying its flag is observed. This paper also contains many useful details about open registry procedures, including national contacts, administration, application information and procedures. Measures taken by some open registry States to improve the application process and deregister, fine or otherwise deal with offending vessels are reported. Actions taken by Regional Fishery Management Organizations to implement flag State compliance are detailed, noting some compelling successes. Many offenders are open registry ships, and their nationality is noted where information is available. |
