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APPENDIX 9 - Tables

Table 1: Post-UNCED International Instruments

Instrument

In Force

Legal Status

Signature/Ratification[312]

1982 Convention

16 November 1994

Binding

157S
137R

1993 FAO Compliance Agreement

Not in Force

Binding

22 of 25 required acceptances

1995 UN Fish Stocks Agreement

11 December 2001

Binding

59S
30R

1995 FAO Code of Conduct

Voluntary

Non-Binding


2001 FAO International Plan of Action on IUU Fishing

Voluntary

Non-Binding


Table 2: Key Flag State Responsibilities in International Instruments

Provision in five agreements

Instrument

Reference

Maintain a register or record of fishing vessels

UN Fish Stocks Agreement

1982 Convention

Compliance Agreement

Code of Conduct

IPOA-IUU

18.3(c)

94.2(a)

IV

8.2.1

42

Provisions in four agreements

Instrument

Reference

Ensure that vessels do not undermine effectiveness of conservation and management measures.

UN Fish Stocks Agreement

Compliance Agreement

Code of Conduct

IPOA-IUU

18.1

III.1(a)

6.11

34, 48

Authorize vessels for fishing where it is able to exercise effective flag State control to ensure proper application of international instruments

UN Fish Stocks Agreement

Compliance Agreement

Code of Conduct

IPOA-IUU

18.2

III.3

6.11

35, 44

Cooperation among States to ensure compliance with and enforcement of conservation and management measures.

UN Fish Stocks Agreement

1982 Convention

Compliance Agreement

Code of Conduct

20.1

118

V.1

6.12, 7.1.3

Provisions in three agreements

Instrument

Reference

Ensure that vessels comply with subregional and regional conservation and management measures.

UN Fish Stocks Agreement

1982 Convention

Code of Conduct

18.1

117

6.10

Licensing or authorizations to fish required

UN Fish Stocks Agreement

Code of Conduct

IPOA-IUU

18.3(a)

8.1.1, 8.2.2

45

Marking fishing vessels and fishing gear

UN Fish Stocks Agreement

Compliance Agreement

Code of Conduct

18.3(d)

III.6

8.2.3, 8.2.4

Recoding and reporting of fisheries data

UN Fish Stocks Agreement

Compliance Agreement

Code of Conduct

18.3(e)

III.7

6.11, 8.1.3

Enforcement measure to include sanctions of sufficient severity to secure compliance and discourage violations, deprive offenders of benefits accruing from illegal activities and may permit refusal, withdrawal or suspension of fishing authorizations if appropriate.

UN Fish Stocks Agreement

Compliance Agreement

Code of Conduct

19.2

III.8

8.2.7

Establish effective mechanisms for monitoring, surveillance, control and enforcement to ensure compliance with conservation and management measures

UN Fish Stocks Agreement

Code of Conduct

IPOA-IUU

18.3(g)

7.1.7, 7.7.3, 8.1.4

51

Provisions in two agreements

Instrument

Reference

Restrictions on reflagging vessels

Compliance Agreement

IPOA-IUU

III.5

36, 38, 39

Adopt laws, regulations or policies re fisheries management on high seas or in zones of other States

UN Fish Stocks

Code of Conduct

18.3(b)

6.13, 7.7.1

Table 3: Registration revenue received by some open registry States from fishing and merchant vessels.[313]

State

Fishing Vessels
#

All Vessels
#

Gross Revenue
(all)

Gross Revenue
(Fishing)

Fishing Revenue as
%

Antigua and Barbuda

1

556

1,696,600

2,200

0.13

Bahamas

6

1284

4,424,100

13,200

0.3

Barbados

5

77

229,400

11,000

4.8

Belize

211

1124

2,840,300

498,700

17.56

Bermuda

2

148

535,400

4,400

0.82

Cayman Islands

2

141

412,200

4,400

1.07

Channel Islands

7

29

63,800

15,400

24.14

Cyprus

35

1625

5,661,800

95,600

1.69

Equatorial Guinea

55

73

163,000

121,000

74.23

Gibraltar

0

28

79,900

0

0

Honduras

486

1462

3,400,900

1,075,800

31.63

China, Hong Kong, SAR

0

392

1,163,300

0

0

Isle of Man

1

221

730,700

2,200

0.3

Liberia

2

1736

6,473,300

5,000

0.08

Malta

9

1418

4,991,900

23,400

0.47

Marshall Islands

11

200

657,200

30,200

4.6

Netherlands Antilles

14

137

423,200

35,000

8.27

Panama

321

6155

19,918,700

732,900

3.68

Singapore

4

1683

4,923,600

8,800

0.18

St Vincent

130

1341

3,945,300

317,800

8.06

Vanuatu

33

287

782,000

86,100

11.01

Total

1335

20117

63,516,600

3,083,100

4.85

Table 4: Benefits Advertised to Shipowners of Registering in some Open Registry States.[314]

Registration advantage

Antigua and Barbuda

Belize

Cambodia

Cayman Islands

Costa Rica

Honduras

Malta

Marshall Islands

Neth. Antilles

Panama

St. Vincent

Limited or no vessel restrictions (age, class, size, type)

Y

Y

Y

Y

Y

Y

Y



Y

Y

Exemptions

Y










Y

Favourable Tax

Y


Y

Y

Y


Y


Y



Low registration & administration fees



Y

Y



Y


Y

Y


No, or easy to meet, nationality requirements


Y

Y



Y

Y

Y

Y

Y

Y

Quick & efficient registration procedure

Y

Y

Y

Y


Y


Y

Y



Flexible manning requirements





Y

Y

Y




Y

Bareboat charter registration







Y

Y


Y


Table 5: Number of Fishing Vessels, Fishing Vessels as percent of all Vessels on some Open Registers for 1997 and 2001. [315]

State

1997

2001


# Fishing Vessels

Fishing vessels as % of all vessels

# Fishing Vessels

Fishing vessels as % of all vessels

Honduras

423

33.2

396

33.5

Panama

422

5.2

229

3.7

Belize

145

18.8

481

31.7

Saint Vincent and the Grenadines

130

9.7

165

12.5

Eq. Guinea

55

75.3

51

85.0

Cyprus

35

2.2

61

4.3

Vanuatu

27

11.5

55

17.4

Neth Antilles

14

10.2

24

13.6

Marshall Islands

11

5.5

10

2.8

Malta

9

0.6

8

0.6

Channel Islands

7

24.1

3

42.9

Bahamas

6

0.5

6

0.5

Barbados

5

6.5

5

7.4

Singapore

4

0.2

4

0.2

Liberia

2

0.1

4

0.3

Bermuda

2

1.4

1

0.8

Isle of Man

1

0.5

1

0.4

Antigua & Barbuda

1

0.2

1

0.1

China, Hong Kong, SAR

0

0

1

0.2

Gibraltar

0

0

1

1.3

Total

1299


1507


Table 6: Tonnage Range of Fishing Vessels under some Open Registers.[316]

Size Range (GRT)

100-149

150-199

200-299

300-499

499-1000

1000-1500

1500-4000

4000-10000

10000-30000

> 30000

Panama

66

42

62

63

48

12

25

3

0

0

Honduras

140

36

79

128

92

2

9

0

0

0

Belize

33

23

41

30

37

10

30

7

0

0

St. Vincent

49

11

18

8

12

3

15

14

0

0

Vanuatu

3

0

1

2

9

11

4

3

0

0

Marshall Islands

1

0

0

0

0

1

9

0

0

0

Liberia

0

1

0

0

0

0

1

0

0

0

Total

292

113

201

231

198

39

93

27

0

0

Table 7: Tonnage Range of All Vessels under some Open Registers.[317]

Size Range (GRT)

100-149

150-199

200-299

300-499

499-1000

1000-1500

1500-4000

4000-10000

10000-30000

> 30000

Panama

156

210

262

405

375

246

925

1245

1294

1037

Honduras

191

149

168

416

274

110

125

25

4

0

Belize

65

96

105

184

223

125

219

67

38

2

St. Vincent

71

36

92

75

155

125

302

250

197

38

Vanuatu

15

4

24

13

89

52

22

20

34

14

Marshall Islands

7

3

6

7

27

7

27

6

34

76

Liberia

2

3

6

3

26

32

71

218

699

676

Total

507

501

663

1103

1169

697

1691

1831

2300

1843

Table 8: Summary of Responses to Questionnaire by Belize, Cook Islands, Malta and Vanuatu

Question

Belize

Cook Islands

Malta

Vanuatu

No. of fishing vessels on register[318]

402

6

88

122

Agency

International Merchant Marine of Belize

Cook Islands Maritime & Shipping Registry Limited (CIMSRL)

Malta Maritime Authority

Vanuatu Maritime Services Ltd.

Legislation

Registration of Merchant Ships

Shipping Act 1989, as amended

Merchant Shipping Act

Maritime Act

Application Process

Yes[319]

Yes[320]

Yes[321]

Yes[322]

Any restrictions?

Age of Vessel

Vessel must be wholly owned by Maltese citizens or Maltese bodies corporate[323]

Age of vessel and classification society requirements

Age of Vessel

Age of vessel

Ownership Vessel [324]

Vessel must be safe and seaworthy

Special requirements for Fishing Vessels

Complete a fishing vessel data form as part of application process

No

Must be licensed to fish prior to registration; only vessels 6 metres and over must be registered

No

Deregistration for non-compliance

Yes

No

Yes

Yes

Types of Fishing Vessels Registered

Fishing vessels, fish factory and fish freezer vessels

High seas factory trawlers, coastal trawlers, surface longliners

Mostly small artisanal fishing vessels

Longliners, purse seiners, shrimpers, crabbers, factory trawlers/processors and research vessels

Table 9: Estimated Unreported Catch as a Percentage of Estimated Total Catch in the CCAMLR Convention Area.[325]


Subarea or Division

Years

Subarea 58.6

Subarea 58.7

Division 58.5.1

Division 58.5.2

Subarea 48.3

1996/97

98

84

30

90

0

1997/98

91

62

71

74

0

1998/99

49

41

10

3

7

1999/00

74

23

30

24

8

2000/01

31

17

39

48

8

Table 10: Summary of Offences by Belize Flagged Vessels

State

Offence

Type of Vessel

Location

Action Taken

Belize

Non-compliance with fishing regulations (IATTC)

Fishing Vessel Dec 10, 1997

N/A

Deregistration

Belize

Non-compliance with fishing regulations (IATTC)

Fishing Vessel Dec 10, 1997

N/A

Deregistration

Belize

Non-compliance with fishing regulations (IATTC)

Fishing Vessel Dec 10, 1997

N/A

Deregistration

Belize

Illegally fishing protected toothfish

Fishing

Australia’s EEZ

$50,000 fine

Belize

Illegally fishing protected toothfish

Fishing February 8, 1999

Mauritius

$30,000 fine followed by deregistration

Belize

Violation of fishing regulations in EEZ Kerguelen

Fishing

French territories of Australia and Antarctica

Deregistration

Belize

Repeated violations of fishing regulations

Fishing

France

Seized by French authorities, deregistered

Belize

Violation of fishing regulations in protected area

Fishing

7 nm outside Australia EEZ

$15,000 fine, subsequent suspension and deregistration

Belize

Longline fishing for tuna in violation of ICCAT regulations

Fishing

780 nm west of Luanda, Angola

$20,000 fine, reduced to $10,000 and vessel deregistered

Belize

Violation of ICCAT regulations

Fishing

400 nm west of Angola

$15,000 fine

Fine paid and subsequently deregistered

Belize

Illegal fishing in CCAMLR area

Fishing

CCAMLR statistical sub-area 48.3

Deregistration after reports that vessel re-flagged to another registry without consent of IMMARBE

Belize

Illegal fishing for orange roughy in South Tasman Rise conservation and management area

Fishing

South Tasman Rise

Deregistered

Belize

Drug trafficking

Fishing

Miami, USA

Deregistered

Belize

Non-compliance with Administration’s repeated requests for general inspection of the vessel

Fishing

N/a

Deregistered

Belize

Non-compliance with Administration’s repeated requests for general inspection of the vessel

Fishing

N/a

Deregistered

Belize

Illegal fishing reported by CCAMLR

Fishing

N/a

None - no official report

Belize

Illegal fishing reported by CCAMLR

Fishing

N/a

None - no official report

Belize

Non-compliance with Administration’s repeated requests for general inspection of the vessel

Fishing

N/a

Deregistered

Cook Islands

Several offences including certification and safety violations, and general poor condition of vessel

Coastal Trawler

New Zealand

Vessel detained until all matters remedied. Vessel still detained and under negotiation to be sold. Owners have 3 months to remedy.

Vanuatu

Operating in restricted area

N/A

CCAMLR Toothfish Area

3 vessels de-listed and removed from registry.

Table 11: Enforcement measures by CCAMLR.

Open Registry State

CCAMLR Action

Outcome

Belize

Advised Belize of sightings of five fishing vessels in the Convention Area and of their failure to comply with CCAMLR Conservation Measures.

Belize deleted four IUU vessels from its registry and warned fifth vessels of deregistration.

Panama

Issued several submissions on IUU fishing activities

Panama provided CCAMLR with a list of all its vessels licensed to fish on the high seas in the Southern Ocean. Panama also advised that no licences have been currently issued to any of their vessels for fishing in waters in the CCAMLR Convention Area.

Vanuatu

In 1997 and 1998 CCAMLR advised Vanuatu of sightings in the Convention Area of three Vanuatu-flagged fishing vessels.

Vanuatu stated that vessels which are proved to have violated the CCAMLR Convention will be considered for suspension or deletion from the Vanuatu registry. In 2001, Vanuatu acceded to the CCAMLR Convention.


[312] As of 8 January 2002
[313] Expressed in US dollars, and gross amounts and as a percentage of total vessel registration revenue.
[314] Information for this table was obtained from the following websites: www.flagsofconvenience.com and www.marinemerchante.hn as well as responses to questionnaires.
[315] Lloyds Maritime Information Services 1997 and Lloyd’s Register - Fairplay Ltd. World Fleet Statistics 2001.
[316] Lloyds Maritime Information Services, 1998.
[317] Lloyds Maritime Information Services, 1998.
[318] As of February 15, 2002 (Belize and Malta), March 28, 2002 (Cook Islands), March 29, 2002 (Vanuatu).
[319] Applications are received by the Deputy Registrar at the head office in Belize or a Designated Overseas Office and processed within 3 days.
[320] Applications (original documents required) are processed in consultation with the Registrar, Head of Inspections and any relevant third party. Provisional registration can be obtained in 24 hours. Permanent registration must be received within 3 months.
[321] Applications are received by the Merchant Shipping Directorate and processed in a timely fashion if all documents are in order.
[322] Applications are processed by the New York office of the Registry and approvals can be obtained in 2-3 weeks. Original documents required.
[323] With no nationality requirements for shareholders or directors, the formation of a Maltese company is straightforward.
[324] Vessels must be owned by a national of Vanuatu or a Vanuatu corporation.
[325] Table of Catches by subarea and year for reported, estimated unreported and estimated total catches (tonnes) of Dissostichus eleginoides provided by CCAMLR in response to questionnaire.

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