APPENDIXES

A. AGENDA

1. Opening of the Session

2. Election of Officers

3. Adoption of the Agenda and Arrangements for the Session

4. Role of port States in preventing, deterring and eliminating illegal, unreported and unregulated (IUU) fishing

5. Elements of possible regional Memoranda of Understanding

6. Incorporation of port State measures to prevent, deter and eliminate IUU fishing into domestic legislation

7. Any other matters

8. Adoption of the Report

B. LIST OF EXPERTS

CHAIRPERSON

MENSAH Thomas A.
Judge
International Tribunal for the Law of the Sea
50 Connaught Drive
London NW11 6BJ
United Kingdom
Tel: +44 20 8458 3180
Fax: +44 20 8455 8288
Email: [email protected]

EXPERTS

FRANCKX Erik
Professor
The Centre for International Law
Vrije Universiteit Brussel
Pleinlaan 2,
1050 Brussels, Belgium
Tel: +32 2 6292606
Fax: +32 2 6293698
Email: [email protected]

FUEYO MACDONALD, Luis^[2]
Director-General for Fisheries and Marine
Resources Inspection and Surveillance
Federal Attorney for Environmental Protection
Camino al Ajusco 200, 6º Piso
Col. Jardines en la montaña
México D.F. 41210
Tel: +52 55 54496322
Fax: +52 55 26152093
Email: [email protected]

NAVARRO José
Subdirector General de Asuntos Comunitarios y de Control
Dirección General de Recursos Pesqueros
Ministerio de Agricultura, Pesca y Alimentación
José Ortega y Gasset, 57
28006 Madrid, Spain
Tel: +34 91 347 60 35
Fax: +34 91 347 60 37
Email: [email protected]

OZAKI Eiko (Ms)
Deputy Manager
International Department
Federation of Japan Tuna Fisheries
Co-operative Associations
3-22 Kudankita 2-Chome
Chiyoda-ku
102-0073 Tokyo, Japan
Tel: +81 3 326 46167
Fax: +81 3 3234 7455
Email: [email protected]

ONOORA Poungthong (Ms)
Legal Adviser
Department of Fisheries
Division of Legal Affairs
Kasetsart University Campus
Phaholyothin Road, Chatuchak,
Bangkok 10900, Thailand
Tel: +662 558-0201
Fax: +662 558-0234
Email: [email protected]
[email protected]

SEEBALUCK Pravin
Director of Shipping
Ministry of Public Infrastructure, Land Transport and Fishing
4^th Floor, New Government Centre
Port Louis, Mauritius
Tel: +230 201 2115
Fax: +230 201 3417
Email: [email protected]

TINKHAM Stetson
Senior Fishery Officer
Office of Marine Conservation
OES/OMC, Rm 5806
US Department of State
Washington D.C. 20520-7818, USA
Tel: +1 202 647 3941
Fax: +1 202 736 7350
Email: [email protected]

ZANKER Mark
Assistant Secretary
International Trade and Environment Law Branch
Office of International Law
Attorney General’s Department
Canberra ACT 2600, Australia
Tel: +61-2-62506647
Fax: +61-2-62505931
Email: [email protected]

RESOURCE PERSONS

LOBACH Terje
Senior Legal Adviser
Directorate of Fisheries
Strandgaten 229
N-5804 Bergen, Norway
Tel: +47 55 23 8000
Fax: +47 55 23 8090
Email: [email protected]

MARTIN-CASTEX Brice
Technical Officer
Maritime Safety Division
International Maritime Organization
4 Albert Embankment
London SE1 7SR, UK
Tel: + 44 207 587 3155
Fax: +44 207 587 3210
Email: [email protected]

FAO
Viale delle Terme di Caracalla
00100 Rome
Italy

NOMURA Ichiro
Assistant Director-General
Fisheries Department
Tel: +39 06 570 56423
Fax: +39 06 570 53605
E-Mail: [email protected]

PULVENIS DE SÉLIGNY Jean-François
Director
Fishery Policy and Planning Division
Fisheries Department
Tel: +39 06 570 54138
Fax: +39 06 570 56500
E-Mail: [email protected]

VALDIMARSSON Grimur
Director
Fishery Industries Division
Fisheries Department
Tel: +39 06 570 56510
Fax: +39 06 570 55188
E-Mail: [email protected]

SATIA Benedict P.
Chief
International Institutions and Liaison Service
Fishery Policy and Planning Division
Fisheries Department
Tel: +39 06 570 52847
Fax: +39 06 570 56500
Email: [email protected]

TURNER Jeremy
Chief
Fishing Technology Service
Fishery Industries Division
Fisheries Department
Tel: +39 06 570 56446
Fax: +39 06 570 55188
E-Mail: [email protected]

EDESON, William R.
Senior Legal Officer
General Legal Affairs Service
Legal Office
Tel: +39 06 570 53476
Fax: +39 06 570 54408
E-Mail: [email protected]

KUEMLANGAN Blaise
Legal Officer
Development Law Service
Legal Office
Tel: +39 06 570 54080
Fax: +39 06 570 54408
E-Mail: [email protected]

REYNOLDS Eric
FishCode Programme Coordinator
Fishery Policy and Planning Division
Fisheries Department
Tel: +39 06 570 56807
Fax: +39 06 570 56500
Email: [email protected]

SMITH Andrew
Fishery Industry Officer
Fishing Technology Service
Fishery Industries Division
Fisheries Department
Tel: +39 06 570 56483
Fax: +39 06 570 55188
E-Mail: [email protected]

TEIGENE Henning
Associate Professional Officer
Development Law Service
Legal Office
Tel: +39 06 570 56897
Fax: +39 06 570 54408
E-Mail: [email protected]

SECRETARIAT

DOULMAN David
Senior Fisheries Liaison Officer
International Institutions and Liaison Service
Fishery Policy and Planning Division
Fisheries Department
Tel: +3906 570 56752
Fax: +3906 570 56500
E-Mail: [email protected]

VAN HOUTTE Annick (Ms)
Legal Officer
Development Law Service
Legal Office
Tel: +39 06 570 54287
Fax: +39 06 570 54408
E-Mail: [email protected]

GUYONNET Marianne (Ms)
Secretary
International Institutions and Liaison Service
Fishery Policy and Planning Division
Fisheries Department
Tel: +39 06 570 53951
Fax: +39 06 57056500
Email: [email protected]

ABDIRIZZAK Tania (Ms)
Administrative Assistant
Development Planning Service
Fishery Policy and Planning Division
Fisheries Department
Tel: +39 06 570 55396
Fax: +39 06 570 56500
Email: [email protected]

C. DOCUMENT

Lobach, Terje. Port State Control of Foreign Fishing Vessels. FAO Legal Papers Online #29. May 2002. 29p.

D. OPENING STATEMENT BY MR ICHIRO NOMURA ASSISTANT DIRECTOR-GENERAL, FAO FISHERIES DEPARTMENT

Distinguished Experts, friends and colleagues:

On behalf of the Director-General of FAO, Mr Jacques Diouf, it gives me much pleasure to welcome you to FAO and to Rome on the occasion of this important Expert Consultation. I hope that while you are here you will have the opportunity to see some of the sights of this ancient and beautiful city.

We are all aware that illegal, unreported and unregulated (IUU) fishing is an issue high on the international fisheries agenda. The matter has been addressed in many international fora including those of the United Nations, FAO and regional fisheries management organizations (RFMOs). Most recently IUU fishing was considered at the World Summit on Sustainable Development. Such fishing poses a serious threat to achieving long-term sustainability in fisheries, as envisaged in Agenda 21 and the 1995 FAO Code of Conduct for Responsible Fisheries, because it undermines national and regional efforts to rationally conserve and manage fish stocks.

Recognizing the threat of IUU fishing the FAO membership worked hard between February 1999 and February 2001 to develop, within the framework of the 1995 FAO Code of Conduct for Responsible Fisheries, an International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing. It is now being embraced widely by the international community and is more commonly known as the IPOA-IUU.

The Plan takes a holistic approach to dealing with IUU fishing. Indeed, it addresses the problem from the perspectives of the responsibilities of all States, the responsibilities of flag States, measures to be taken by coastal and port States, internationally agreed market-related measures, research and regional fisheries management organizations.

This Consultation will focus on one aspect of these implementation measures: the use of port State measures to combat IUU fishing. This focus is important because the lack of port State measures is one of the weakest links in the chain to prevent, deter and eliminate IUU fishing.

For this Consultation each Expert, in his or her personal capacity, was chosen because of the unique geographical and professional experience he or she would bring to the meeting. FAO is therefore extremely pleased that it has been possible to assemble such an eminent group of people to assist in furthering our understanding about how port State measures might be used to combat IUU fishing and thereby enhance fisheries conservation and management.

For this Consultation the following tasks have been set. Experts are requested to:

• Discuss the role of port States with regard to the flag State implementation of fisheries conservation and management measures and the potential for port State measures under international law;

• Review the Report on Port State Control of Foreign Fishing Vessels written by Mr Terje Lobach, an eminent expert on this issue who has worked closely with the FAO Legal Office and the Fisheries Department;

• Review and comment on the attachments to the Report by Mr Lobach, in particular with respect to elements of a possible Memorandum of Understanding and its annexes on port State measures as a means of combating IUU fishing;

• Advise on the role regional fisheries management organizations or arrangements can assume in promoting and implementing an agreed Memorandum of Understanding on port State measures for fishing vessels, and

• Recommend future actions on the issue of port State measures and in particular the desirability of a FAO Technical Consultation.

FAO acknowledges that the tasks proposed for the Consultation are rather heavy, especially in the time that you have available. However, we know that you are proficient workers, accustomed to working to tight deadlines and that it should be possible to achieve the goal that has been set for the Consultation.

To assist the work of the Consultation FAO staff will be available during the meeting to provide clarification on technical issues should such clarifications be sought. I can assure you that I will be following the deliberations with keen interest and I am sure that other senior staff of the Fisheries Department will be doing likewise.

The Report of this Consultation will be made available to the Twenty-fifth Session of the Committee on Fisheries (COFI) at its next Session in February 2003. I envisage that the Report will essentially be an administrative one covering the points mentioned above. It would also include drafting suggestions proposed for the elements of a possible Memorandum of Understanding and its annexes. I foresee that these drafting suggestions, which would be incorporated into the text of the annexes of the Report, would be especially important in the event that COFI decides to proceed with a FAO Technical Consultation.

Let me conclude by wishing you well for a fruitful and successful Consultation. If my colleagues or I can be of assistance during this intense three-day period please do not hesitate to call on us.

Thank you very much.

E. DRAFT MEMORANDUM OF UNDERSTANDING ON PORT STATE MEASURES TO COMBAT ILLEGAL, UNREPORTED AND UNREGULATED FISHING

The Parties to this Memorandum,

Concerned that illegal, unreported and unregulated (IUU) fishing continues to persist;

Emphasizing that effective action by port States is required to prevent, deter and eliminate IUU fishing;

Noting that the relevant international instruments call for port States to establish measures to promote the effectiveness of subregional, regional and global conservation and management measures;

Recognizing that the Code of Conduct for Responsible Fisheries and the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, promote the use of measures for port State control of fishing vessels in order to meet the objectives of the Code and the Plan of Action;

Desiring to achieve co-operation and co-ordination in fisheries-related port State control in accordance with international law;

Emphasizing the need for non-Parties and fishing entities to take action consistent with this Memorandum; have agreed as follows:

Scope

In this Memorandum,

references to fishing vessel includes vessel transporting fish and fishery products unless otherwise provided for in the text of the Memorandum; and

references to ports include offshore terminals and other installations for landing, transhipping, refuelling or re-supplying.

Commitments

Each Party to this Memorandum undertakes to:

give effect to the provisions of the present Memorandum and the Annexes thereto, which constitute an integral part of the Memorandum;

maintain an effective system of port State control with a view to ensure that foreign fishing vessels calling at its port, comply with relevant^[3] conservation and management measures;

require, prior to allowing port access to a foreign fishing vessel, that the vessel provides a notice at least xx hours in advance which includes vessel identification, the authorization(s) to fish, details of its fishing trip, quantities of fish on board and other documentation; ^[4]

require, prior to allowing port access to a vessel transporting fish and fishery products, that the vessel provides a notice at least xx hours in advance which includes vessel identification, the transport document(s), quantities of fish and fishery products on board and other documentation; ^[5]

where there are reasonable grounds to believe that a fishing vessel has engaged in or supported IUU fishing in waters beyond the limits of its fisheries jurisdiction, either refuse to allow the vessel to use its port for landing, transhipping, refuelling or re-supplying or to take measures such as forfeiture of fish and fishery products, as may be provided for under its national legislation;

not to allow a vessel to use its ports for landing, transhipping or processing fish if the vessel which caught the fish is entitled to fly the flag of a State that is not a contracting or collaborating party of a regional fisheries management organization or has been identified as being engaged in, or supporting, IUU fishing activities in the area of that particular regional fisheries management organization, unless the vessel can establish that the catch was taken in a manner consistent with the conservation and management measures;

not to allow a vessel to use its ports for landing or transhipment where it has been established that the vessel has been identified by a regional fisheries management organization as having a history of non-compliance with its conservation and management measures;^[6]

designate and publicize ports to which foreign fishing vessels may be permitted access and ensure that these ports have the capacity to conduct port inspections;

ensure that port inspections take place in accordance with Annex A;^[7]

obtain in the course of such inspections, at least the information listed in Annex B; and

consult, cooperate and exchange information with other Parties in order to further the aims of this Memorandum.

Inspections

In fulfilling its commitments under this Memorandum each Party undertakes to:

carry out inspections in its ports for the purpose of monitoring compliance with relevant^[8] conservation and management measures;

ensure that inspections are carried out by properly qualified persons authorized for that purpose, having regard in particular to Annex C;

ensure that, prior to an inspection, inspectors shall be required to submit to the master of the vessel an appropriate identity document;

ensure that an inspector can examine all areas of the fishing vessel, the catch (whether processed or not), the nets or other gear, equipment, and any document which the inspector deems necessary to verify compliance with relevant^[9] conservation and management measures; and

ensure that the master of the vessel is required to give the inspector all necessary assistance and information, produce relevant material and documents as may be required, or certify copies thereof.

Subject to appropriate arrangements with the flag State of a vessel, the inspecting port State may invite the flag State to carry out or participate in the inspection.

When exercising inspections the port State will make all possible efforts to avoid unduly delaying a vessel.

Actions

If an inspector finds that there are reasonable grounds for believing that a foreign fishing vessel has engaged in IUU fishing activities including, inter alia, the following^[10];

a) fishing without a valid licence, authorization or permit issued by the flag State;

b) failing to maintain accurate records of catch and catch-related data;

c) fishing in a closed area, fishing during a closed season or without, or after attainment of, a quota;

d) directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited;

e) using prohibited fishing gear;

f) falsifying or concealing the markings, identity or registration of the vessel;

g) concealing, tampering with or disposing of evidence relating to an investigation; or

h) conducting activities which together might be regarded as seriously undermining applicable conservation and management measures

then the port State shall promptly notify the flag State of the vessel and, where appropriate, the relevant coastal States and regional fisheries management organizations.^[11]

The port State shall take due note of any reply or any actions proposed or taken by the flag State of the inspected vessel.^[12] Unless the port State is satisfied that the flag State has taken or will take adequate action, the vessel shall not be allowed to land or tranship fish in its ports.

Information

Each Party undertakes to report on the results of its inspections under this Memorandum to the flag State of the inspected vessel, the parties to this Memorandum, and to relevant regional fisheries management organizations.

Each Party undertakes to establish a communication mechanism that allows for direct, computerized exchange of messages between relevant States, entities and institutions, with due regard to appropriate confidentiality requirements.

The information will be handled in a standardized form and in accordance with the established procedures as set out in Annex D.

Annex A

Inspection Procedures of Foreign Fishing Vessels

1. Vessel identification

The inspector shall

be satisfied that the certificate of registry is valid;

be assured that the flag, the external identification number (and IMO-number if available) and the international radio call sign are correct;

examine whether the vessel has been re-flagged and if so, note the previous name (s) and flag (s);

note the port of registration, name and address of the owner (and operator if different from the owner) and the name of the master of the vessel; and

note name(s) and address(es) of previous owner(s), if any.

2. Authorization(s)

The inspector shall be satisfied that the authorization(s) to fish or transport fish and fishery products are compatible with the information obtained under paragraph 1 and examine the duration of the authorization(s) and their application to areas, species and fishing gear.

3. Other documentation

The inspector shall review all relevant documentation^[13] which may include various logbooks, in particular the fishing logbook, stowage plans and drawings or descriptions of fish holds. Such holds or areas may be inspected in order to verify whether their size and composition correspond to these drawings or descriptions and whether the stowage is in accordance with the stowage plans.

4. Fish and fishery products

The inspector shall, to the greatest extent possible, examine whether the fish on board is harvested in accordance with the conditions set out in the authorization. In doing so, the inspector shall examine the fishing logbook, reports submitted, including those resulting from a vessel monitoring system (VMS).

If the inspector has reasonable grounds to believe that a vessel has engaged in or supported IUU fishing the inspector may review the amount and composition of all catch on board to verify whether the fish has been taken in the areas as recorded in the relevant documents.

In order to determine the quantities and species which are fresh on ice, frozen but not packed, processed, packed or in bulk, the inspector [shall/may]^[14] examine the fish in the hold or during the landing. In doing so, the inspector may open cartons where the fish has been pre-packed and move the fish or cartons to ascertain the integrity of fish holds.

If the vessel is discharging, the inspector shall verify the species and quantities landed. Such verification shall include presentation (product form), live weight (quantities determined from the logbook) and the conversion factor used for calculating processed weight to live weight. The inspector shall also examine any possible quantities retained on board.

5. Fishing gear

The inspector shall be satisfied that the fishing gear on board is in conformity with the conditions of the authorization(s). The gear [shall/may]^[15] also be checked to ensure that the mesh size(s) (and possible devices), length of nets, hook sizes etc. are in conformity with applicable regulations and that identification marks of the gear correspond to those authorized for the vessel.

The inspector [shall/may]^[16] also search the vessel for any fishing gear stowed out of sight.

6. Report

The result of a port inspection shall be presented to the master of the vessel and a report shall be completed, signed by the inspector and the master. The master shall be permitted the opportunity to add any comments to the report.

Annex B

Results of Port Inspections

Results of port inspections shall include at least the following information:

1. Inspection references

Inspecting authority (name of inspecting authority or the alternate body nominated by the authority);
name of inspector;
port of inspection (place where the vessel is inspected); and
date (date the report is completed).

2. Vessel identification

Name of the vessel;

type of vessel;

external identification number (side number of the vessel) and IMO-number (if available) or other number as appropriate;

international Radio Call Sign;

MMSI-number (Maritime Mobile Service Identity number), if available;

flag State (State where the vessel is registered);

previous name(s) and flag(s), if any;

whether the flag State is party to a particular regional fisheries management organization;

home port (port of registration of the vessel) and previous home ports;

vessel owner (name and address of the vessel owner);

vessel operator, responsible for using the vessel if different from the vessel owner;

name(s) and address(es) of previous owner(s), if any; and

name and certificate(s) of master.

3. Fishing authorization (licenses/permits)

The vessel’s authorization(s) to fish;
State(s) issuing the authorization(s);
areas, scope and duration of the authorization(s);
species and fishing gear authorized; and
transhipment records and documents^[17] (where applicable).

4. Trip information

Date trip commenced (date when the current trip started);
areas visited (entry to and exit from different areas);
ports visited (entry into and exit from different ports); and
date trip ended (date when the current trip ended).

5. Result of the inspection on discharge

Start and end (date) of discharge;

fish species;

presentation (product form);

live weight (quantities determined from the log book);

conversion factor (as defined by the master for the corresponding species, size and presentation);

processed weight (quantities landed by species and presentation);

equivalent live weight (quantities landed in equivalent live weight, as “product weight multiplied with the conversion factor”); and

intended destination of fish and fishery products discharged.

6. Quantities retained on board the vessel

Fish species;
presentation (product form);
conversion factor (as defined by the master for the corresponding species, size and presentation);
processed weight; and
equivalent live weight.

7. Results of gear inspection

Details of gear type inspected and attachments, if any.

Annex C

Training of Port Inspection Officers^[18]

Elements that shall be included in a training program:

Overview of conservation and management measures applicable for a particular Memorandum of Understanding;

information sources, such as log books and other electronic information that may be useful for the validation of information given by the master of the vessel;

fish species identification;

catch landing monitoring, including determining conversion factors for the various species and products;

vessel boarding/inspection, hold inspections and calculation of vessel hold volumes;

gear inspections;

gathering, evaluating and preservation of evidence; and

range of measures available following the inspection.

Annex D

Information System on Inspections

1. Computerized communication between States and between States and relevant RFMOs would require the following:

Data characters;
structure for data transmission:
protocols for the transmission; and
formats for transmission including data element with a corresponding field code and a more detailed definition and explanation of the various codes.

2. International agreed codes shall be used for the identification of the following items:

States: 3-ISO Country Code;
fish species: FAO 3-alpha code;
fishing vessels: FAO alpha code;
gear types: FAO alpha code;
devices/attachments: FAO 3-alpha code; and
ports: UN LO-code.

3. Data elements shall at least include the following:

Inspection references;
vessel identification;
fishing authorization(s) (licenses/permits);
trip information;
result of the inspection on discharge;
quantities staying on board the vessel;
result of gear inspection;
irregularities detected;
actions taken; and
information from the flag State.