APPENDIX 2: Resolutions and other Decisions of some Regional Fisheries Management Organizations Relating to Illegal, Unreported and Unregulated (IUU) Fishing and Related Activities

COMMISSION FOR THE CONSERVATION OF ANTARCTIC MARINE LIVING RESOURCES (CCAMLR)

Flagging and Licensing of Non-Contracting Party Vessels
Resolution 13/XIX (2000)

This Resolution urges all Contracting Parties, consistent with their domestic legislation, to avoid flagging a non-Contracting Party vessel or licensing such a vessel to fish in waters under their fisheries jurisdiction, if that vessel has a history of IUU fishing in the Convention Area.

Catch Documentation Scheme: Implementation by Acceding States and Non-Contracting Parties
Resolution 14/XIX (2000)

All Acceding States and non-Contracting Parties not participating in the Catch Documentation Scheme (CDS) which fish for, or trade in, Dissostichus spp. are urged to implement the Scheme as soon as possible, and the CCAMLR Secretariat and members are requested to make appropriate representations to such States and Parties.

Commission members are reminded of their obligation under the CDS to prevent trade in Dissostichus spp. in their territory, or by their flag vessels, with Acceding States or non-Contracting Parties when it is not carried out in compliance with the Scheme. The issue will be continued to be reviewed.

Use of Ports not Implementing the Catch Documentation Scheme for Dissostichus spp.
Resolution 15/XIX (2000)

This Resolution urges Contracting Parties:

• not to use ports of Acceding States and non-Contracting Parties which are not implementing the CDS for Dissostichus spp., where they are unable to provide an authorized Flag State official(s) to monitor a landing;

• to attach to the authorization to fish a list of all Acceding States and non-Contracting Parties that are implementing the CDS.

Use of VMS and other Measures for the Verification of CDS Catch Data for Areas Outside the Convention Area, in particular, in FAO Statistical Area 51
Resolution 17/XX (2001)

Concerned that the Catch Documentation Scheme for Dissostichus spp. (CDS) could be used to disguise IUU catches of Dissostichus spp. in order to gain legal access to markets, this Resolution urges participating States to ensure that Dissostichus Catch Documents (DCDs) relating to landings or imports are checked to verify that the information is consistent with data reports derived from a Vessel Monitoring System (VMS).

It urges States participating in the CDS to consider reviewing their domestic laws and regulations, with a view to prohibiting landings/transshipments/imports of Dissostichus spp. if the Flag State fails to demonstrate that it verified the DCD using automated satellite-linked VMS derived data reports.

It also requests the Scientific Committee to review relevant data outside the Convention Area to assist in the conservation and management of Dissostichus stocks and in defining the areas and potential biomasses which could be landed/imported/exported under the CDS.

Flags of Non-Compliance
Resolution 19/XXI (2002)

The Resolution refers to the lack of effective control over fishing vessels by some flag States, especially non-contracting Parties, leads to IUU catches of fish, and the practice of flagging or reflagging vessels as a means of avoiding compliance is among the factors that seriously undermine the effectiveness of conservation and management measures. Noting the IPOA-IUU, the Resolution urges all contracting and non-contracting parties to:

• take measures or cooperate to ensure that their nationals do not support or engage in IUU fishing, including engagement on board flag of non-compliance (FONC) vessels;

• ensure full cooperation of relevant national agencies and industries in implementing CCAMLR measures;

• develop ways to ensure that the export or transfer of fishing vessels from a FONC State is prohibited;

Prohibit the landings and transshipments of fish and fish products from FONC vessels.

Illegal, Unregulated and Unreported (IUU) Fishing in the Convention Area
CCAMLR XXI - Report of the Twenty-First Meeting of the Commission (2002)

This agenda item at the CCAMLR Annual Meeting is a record of the Commission’s consideration of IUU fishing and the extensive discussions at the Meeting, including actions to be taken. Inter alia, the Commission noted that the in Scientific Committee’s Report:

• IUU catches within the Indian Ocean sector of the Convention Area were most likely to be underestimated;

• the current levels of IUU fishing reported from Areas 51 and 57 would have seriously depleted whatever stocks might have been present in those areas, if they were present at all;

• current levels of IUU fishing have depleted stocks in Division 58.4.4 and in Subareas 58.6 and 58.7, and the catch rates in Division 58.5.1 have substantially declined; and

• current levels of IUU fishing would substantially reduce populations of seabirds which have been taken as bycatch in longline fishing operations.

Scheme to Promote Compliance by Non-Contracting Party Vessels with CCAMLR Conservation Measures
Conservation Measure 10-07 (2003)

This Conservation Measure states that at each annual meeting the Commission shall identify those non-Contracting Parties whose vessels are engaged in IUU fishing activities in the Convention Area that threaten to undermine the effectiveness of CCAMLR conservation measures, and shall establish a list of such vessels (IUU Vessel List) in accordance with the procedures and criteria set out in the document.

COMMISSION FOR THE CONSERVATION OF SOUTHERN BLUEFIN TUNA (CCSBT)

Action Plan
Report of the Sixth Annual Meeting, Second Part, Attachment I (2000)

The Resolution notes that a significant number of non-Party vessels are catching SBT, and refers to the strenuous efforts by Parties to encourage non-Parties to accede to the Convention or cooperate with the Commission, and to deter non-Party fishing which could adversely affect the objective of the Convention. It:

• requests non-members catching SBT to cooperate fully and advise it of actions taken;

• calls for identification by CCSBT non-member fishing that diminishes the effectiveness of conservation/management measures;

• provides procedures for communicating with non-members to request them to rectify their fishing activities;

• refers to the possibility that the Commission may decide to impose trade-restrict measures.

Subsequent meetings have agreed that there was value in preparing a list of IUU vessels and the Trade Information Scheme (TIS) would be used to assist in this respect.^[315]

Southern Bluefin Tuna
Statistical Document Programme Decision of the Sixth Annual Meeting, Second Part Attachment J (2000)

This decision provides for a Trade Information Scheme (TIS) requiring all SBT to be accompanied by a CCSBT Southern Bluefin Tuna Statistical Document for importation into the territory of a member. The Programme provides for:

• required information;

• validation;

• exchange of information;

• record and reports; and

• re-export.

Subsequent meetings have considered implementation of the TIS and its value for reducing IUU fishing activities.^[316]

INDIAN OCEAN TUNA COMMISSION (IOTC)

Registration and Exchange of Information on Vessels, Including Flag of Convenience Vessels, Fishing for Tropical Tunas in the IOTC Area of Competence
Recommendation 98/04 (1998)

This Recommendation requires Contracting Parties and cooperating non-Contracting Parties (CPCs):

• to submit a list of their vessels greater than 24 meters that have fished during the previous year, with specified information. (This also applies to Contracting Parties that issue licences to foreign vessels in the Convention Area);

• to notify the Secretary of any information concerning fishing vessels not covered by the above but are presumed to be fishing for tropical tunas in the Area.

The Secretary must request the flag State of vessels presumed to be fishing for tropical tunas in the Area to take necessary measures to prevent the vessel from fishing.

Management of Fishing Capacity and the Reduction of the Catch of Juvenile Bigeye Tuna by Vessels, Including Flag of Convenience Vessels, Fishing for Tropical Tunas in the IOTC Area of Competence
Recommendation 99/01 (1999)

This Recommendation recalls the IPOA-Capacity and notes that if the catch of bigeye tuna continues at high levels, the stock is likely to become overexploited. Very concerned that IUU fishing activities by large-scale tuna vessels have continued to increase, severely diminishing the potential effectiveness of IOTC conservation and management measures and impeding stock assessment, IOTC:

• undertakes to adopt concerted actions to limit the fishing capacity of large-scale vessels fishing for tropical tunas to the appropriate level;

• engages to adopt at its session in 2000, a season and area closure of the use of floating objects in the Area of Competence on the basis of specified scientific advice;

• urges CPCs to fulfil their obligation concerning the transmission of the list of fishing vessels.

Calling for Actions Against Fishing Activities by Large Scale Flag of Convenience Longline Vessels
Recommendation 99/02 (1999)

This Recommendation expresses concern that fishing activities by large scale flag of convenience (FOC) tuna longline vessels in the IOTC Areas have continued and increased, and notes that many vessels have reflagged to avoid compliance with IOTC measures. Aware that most of the vessels are owned and operated by Taiwan Province of china (TPC) entities and almost all their products are being exported to Japan, the Resolution welcomes the development of the IPOA-IUU fishing including FOC. Further action to be taken by CPCs to deter FOC fishing activities is resolved, including:

• ensuring that their flag vessels do not engage in IUU fishing (e.g. by means of denying licences);

• refusing port access to FOC vessels engaged in activities that diminish the effectiveness of IOTC measures;

• taking action consistent with relevant laws to:

  - urge their importers, transporters and other concerned business people to refrain from transactions/transshipments in tuna and tuna-like species caught by vessels carrying out FOC activities;

  - urge manufacturers and business people to prevent their vessels and equipment/devices from being used for FOC operations.

  - inform the general public;

• monitoring and exchange of information;

• repatriation or scrapping of FOC vessels undermining IOTC measures;

• instructing the IOTC Secretariat to prepare possible measures to prevent or eliminate FOC fishing activities, including restrictive trade measures.

Support of the IPOA-IUU Plan
Recommendation 01/07 (2001)

This Recommendation supports the IPOA-IUU, and calls for the identification to IOTC of vessels engaged in IUU activities through agreed procedures in a fair, transparent and non-discriminatory manner. IOTC should then establish the exchange of information on vessels engaged in or supporting IUU fishing, including trade information.

The Establishment of an IOTC Programme of Inspection in Port
Recommendation 02/01 (2002)

This Recommendation notes that port inspection is a central element of a control and inspection programme, and that it can be, in particular, an effective tool to fight against IUU fishing. Measures taken in accordance with the IOTC Agreement are to take full account of the right and duty of the Port State in accordance with international law. More specifically, it:

• provides for port State inspections;

• describes elements of and priorities for the inspection;

• requires Contracting Parties to adopt regulations to prohibit landings and transshipments by non-Contracting Party vessels where it has been established that the catch has been taken in a manner which undermines the effectiveness of conservation and management measures adopted by the Commission;

• requires the Port State to draw evidence of any violation of an IOTC measure to the attention of the flag State concerned and as appropriate the IOTC.

On Establishing a List of Vessels Presumed to Have Carried Out Illegal, Unregulated and Unreported Fishing In the IOTC Area Recommendation 02/04 (2002)

Conscious of the need to address, as a matter of priority, the issue of large-scale fishing vessels conducting IUU fishing activities, this Recommendation sets evidentiary criteria for a presumption that fishing vessels flying the flag of a non-Contracting Party have carried out illegal, unregulated and unreported fishing activities in the IOTC Area. It:

• calls on CPCs to transmit to the Secretary annually a list of vessels flying the flag of a non-Contracting Party presumed to be carrying out IUU fishing activities in the IOTC Area during the current and previous year;

• describes procedures, including consideration by the Compliance Committee leading to the adoption of a list of IUU fishing vessels

• describes measures to be taken against such vessels.

The Establishment of an IOTC Record of Vessels over 24 metres Authorized to Operate in the IOTC Area
Recommendation 02/05 (2002)

The IOTC notes that large-scale fishing vessels are highly mobile and easily change fishing grounds from one ocean to another, and have a high potential of operating in the IOTC area without timely registration with the Commission. Recalling that the IPOA-IUU stipulates that RFBs should take action to deal with IUU fishing and in particular to establish records of vessels authorized and records of vessels engaged in or supporting IUU fishing, the IOTC adopts the following:

• an IOTC Record of fishing vessels larger than 24 metres (large scale fishing vessels, or “LSFV”) is to be established;

• for the purposes of this Recommendation, LSFVs not entered into the Record are deemed not be authorized to fish for, retain on board, tranship or land tuna and tuna-like species;

• information to be submitted by CPCs;

• measures CPCs must take to ensure compliance and prevent their flag vessels with a history of IUU fishing activities from fishing/being included on the IOTC Record (unless there are new owners and evidence to the contrary);

• measures CPCs must take to validate statistical information and ensure that species covered by Statistical Document Programs are accompanied by required documentation when imported by Contracting Party.

• procedures where vessels not on the IOTC Record are fishing or transhipping tuna and tuna-like species in the IOTC Area.

Measures to Prevent the Laundering of Catches by IUU Large-Scale Tuna Longline Fishing Vessels (LSTLFVs)
Recommendation 02/07 (2002)

Taking into account the need to implement the IPOA-IUU, and gravely concerned that a significant amount of catches by the IUU fishing vessels are believed to be transferred under the names of licensed fishing vessels, the IOTC recommends:

• CPCs should ensure that their licensed large-scale tuna longline fishing vessels (LSTLFVs) have prior authorization for at sea or in port transshipment and obtain the validated Statistical Document prior to transshipment;

• CPCs should ensure transshipments are consistent with the reported catch amount and require transshipment reports;

CPS that import tuna and tuna-like species caught by LSTLFVs should require transporters to ensure that Statistical Documents are issued prior to transshipment in their ports. Documents to be submitted directly after transshipment.

INTER-AMERICAN TROPICAL TUNA COMMISSION (IATTC)

Fishing by Vessels of non-Parties
Resolution (2000)

The IATTC, referring to the principles of the Code of Conduct and the Compliance Agreement and addressing fishing by non-Parties, recommends to the High Contracting Parties that they:

• gather and exchange information on such fishing vessels that could undermine IATTC conservation and management measures;

• request the Director to communicate with the flag State governments of such vessels and report to members so they may take appropriate measures.

Regional Vessel Register
Resolution (2000)

The IATTC, referring to the principles of the Code of Conduct and the Compliance Agreement and addressing the need for pertinent information relative to the fishing operations in the Eastern Pacific Ocean (EPO), recommends to the High Contracting Parties that they:

• request the Director to establish and maintain a record of vessels authorized to fish in the Convention area, on the basis of specified information and procedures;

• request non-members with vessels fishing in the EPO to provide the specified information and follow the terms of the Resolution.

Fishing by Vessels of non-Parties
Resolution (2000)

This Resolution provides the conditions for not including a vessel in the Regional Vessel Register. The Director must:

• compile a list of vessels identified as fishing in the EPO that is not a flag vessel of a member or cooperating State;

• communicate with the flag State requesting specific information;

• report on above matters to the Commission which may then determine a vessel may be placed on a list of non-cooperating vessels.

Establishment of a List of Longline Fishing Vessels over 24 meters (LSTLFVs) Authorized to Operate in the Eastern Pacific Ocean
Resolution C-03-07 (2003)

Recalling that the IPOA-IUU stipulates that RFBs should take action to deal with IUU fishing and in particular to establish records of vessels authorized and records of vessels engaged in or supporting IUU fishing, this Resolution establishes and sets requirements for a list of LSTLFVs over 24 meters authorized to fish in the EPO. It includes:

• information requirements;

• procedures;

• extensive duties of flag CPCs on the List, including taking measures relating to LSTLFVs on, and not on the list;

• duties of the Director and the Commission.

Attaining the Status of Cooperating Non-Party or Cooperating Fishing Entity to AIDCP and IATC
Resolution C-03-11 (2003)

This Resolution refers to the urgent need to develop criteria to establish the conditions under which the status of cooperating non-party of cooperating fishing entity is determined in AIDCP and IATTC, and sets the following requirements:

• information requirements;

• compliance requirements;

• participation at plenary and scientific meetings as observers.

INTERNATIONAL BALTIC SEA FISHERY COMMISSION (IBSFC)

An Inspection Scheme Monitoring Compliance with BACOMA^[317]
Resolution XXV (2003)

The Resolution sets out a specific scheme in port and at sea for the inspection of BACOMA,

The Improvement of Control and Enforcement of Unreported Catches in the Baltic Sea
Resolution XXVI (2003)

The Contracting Parties express their deep concern on the unreported catches and underline the need to further enhance collaboration on control and enforcement. The Resolution recognizes that a major effort will be required to address the difficulties of unreported catches and to ensure the means of

• are to commit to adopt in the shortest time comprehensive and efficient measures to enhance control and enforcement to improve cod catch reporting and elimination of unauthorized landings; and

• advocate an integrated strategy.

INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNA (ICCAT)

Transshipments and Vessel Sightings
Recommendation 97-11 (1997)

This Resolution addresses the problem of stateless vessels that may threaten the integrity of ICCAT measures. Contracting Parties:

• must immediately report to ICCAT any sightings of vessels that appear to be without nationality that may be fishing for ICCAT species;

• may board and inspect the vessel on the high seas where there are reasonable grounds to suspect it is stateless;

• may, where evidence warrants, take action in accordance with international law

• are encouraged to establish points of contact to facilitate cooperation and other appropriate actions.

Unreported and Unregulated Catches of Tunas by Large-scale Longline Vessels In the Convention Area
Resolution 98-18 (1998)

This Resolution recognizes that a large number of longline vessels were not reporting catches or respecting ICCAT conservation measures, and were transferring their flag to avoid trade restrictive measures. It specifies information the Commission is to request of certain importing countries in relation to such activities, in order that it can be reviewed with a view to adoption by the Commission of effective measures to prevent the vessels from continuing operations.

Calling for Further Actions against Illegal, Unregulated and Unreported Fishing Activities by Large Scale Longline Vessels in the Convention Area and Other Areas
Resolution 99-11 (1999)

Concerned that IUU fishing activities by large scale tuna longline vessels in the Convention Area have continued and increased, and aware that many vessels are shirting their flag from Non-Contracting Parties to Contracting Parties, this Resolution also notes that most of the vessels are owned and operated by Chinese Taipei’s business entities while almost all of their products are exported to Japan. The Resolution calls for parties, cooperating non-parties, entities or fishing entities to ensure that LSTLFVs do not carry out IUU fishing in the Convention Area and other Areas, and directs them to take every possible action to urge businesses to refrain from engaging in transactions and transshipments of tuna and tuna-like species caught by vessels carrying out IUU fishing activities in the Convention Area and elsewhere.

The Commission also praises and urges Chinese Taipei’s effort to register Chinese Taipei built vessels engaged in IUU fishing and urges Japan to scrap Japan-built vessel engaged in IUU fishing activities in the Convention Area and elsewhere.

The Need for New Approaches to Deter Activities that Diminish the Effectiveness of ICCAT Conservation and Management Measures
Resolution 99-12 (1999)

This Resolution expresses concern that despite the adoption of conservation and management measures, more than half of the major stocks of species continue to be at levels below that necessary to maintain maximum sustainable catch and most other stocks appear to be at or near full exploitation levels. Aware that flag States remain unable or unwilling to fulfil responsibilities in the 1993 FAO Compliance Agreement and the 1995 UN Fish Stocks Agreement, and convinced that new measures and approaches are needed beyond those already adopted, the Resolution:

• expresses the Commission’s full endorsement of the FAO initiative to develop the IPOA-IUU;

• calls upon Contracting Parties to become parties to the instruments;

• encourages Contracting Parties and Cooperating non-Contracting Parties, Entities or Fishing Entities (CPCs) to participate in efforts called for in the IPOA-Capacity.

To Enhance the Effectiveness of the ICCAT Measures to Eliminate Illegal, Unregulated and Unreported Fishing Activities by Large-scale Tuna Longline Vessels in the Convention Area and Other Areas
Supplemental Resolution 00-19 (1999)

Concerned that a substantial number of owners of IUU LSTLFVs, most being Chinese Taipei’s business entities, are still trying to continue IUU fishing by changing flag, vessel name and/or ownership, and that de-registered IUU vessels are trying to find new hosts, this Resolution:

• urges Japan and Japan and Chinese Taipei to take the necessary measures to complete the scrapping of IUU vessels built in Japan and the re-registration of IUU vessels built in Chinese Taipei and owned by its residents to Chinese Taipei registry;

• requests contracting parties and others to intensify the actions in Resolution 99-11; and

• requests Japan and Chinese Taipei to report any changes to relevant information.

Further Defining the Scope of IUU Fishing
Resolution 01-18 (2001)

Recognizing that the IPOA-IUU defines IUU fishing, the Resolution calls on all relevant parties to take every possible action to ensure concerned business people refrain from engaging in transaction and transshipment of tuna caught by IUU fishing vessels. This includes fishing not in compliance with relevant ICCAT conservation and management measures, in the Convention area or elsewhere.

More Effective Measures to Prevent, Deter and Eliminate IUU Fishing by Tuna Longline Vessels
Resolution 01-19 (2001)

This Resolution addresses the problems in preparing a list of IUU fishing vessels from various trade data, including name and flag changes by vessels, and notes that a significant amount of IUU catch are believed to be transferred under the names of licensed vessels. A majority of the crew onboard the IUU tuna longline vessels are residents of the Contracting Parties and others associated with ICCAT.

A working group meeting is called in 2002 to work out more effective measures to prevent, deter and eliminate IUU fishing, taking into account the IPOA-IUU. Terms of reference and follow-up for the meeting are set, and actions of the contracting parties and others are suggested.

A Management Standard for the Large-Scale Tuna Longline Fishery
Resolution 01-20 (2001)

Recognizing the difficulty in control and management of LSTLFVs, due to their mobility between oceans, transfer of catches to the market without going through flag countries, shifting of flags to Contracting Parties with less management ability and changing vessel names and nominal owners, this Resolution encourages:

• CPCs to take provisional measures to meet specified minimum standards for licence issuance, and report to ICCAT on specified format; and

• continuous review of the measures.

Establishment of a List of Vessels Presumed to have carried out IUU Fishing Activities in the ICCAT Convention Area
Recommendation 02-23 (2002)

This recommendation recalls that the IPOA-IUU stipulates that the identification of the vessels carrying out IUU activities should follow agreed procedures and be applied in an equitable, transparent and non-discriminatory way. It recognizes continued IUU activity especially by vessels that have been re-flagged to avoid compliance and evade ICCAT trade measures, and states determination to address this by way of countermeasures. The recommendation:

• establishes evidentiary criteria for a presumption that IUU fishing has been carried out;

• requires CPCs to transmit annually to ICCAT a list of non-Contracting Party vessels presumed to be carrying out IUU activities in the Convention Area, and sets subsequent procedures by the Secretariat;

• provides measures that CPCs must take under their applicable legislation in respect of vessels on the IUU list, including refusing to grant their flag to listed vessels, encouraging importers, transporters and others to refrain from transaction and transshipment of tuna caught by listed vessels, and prohibiting:

  - flag vessels from participating in transshipment with listed vessels;

  - landings or transshipments from listed vessels voluntarily in ports;

  - chartering listed vessels; and

  - imports, landings, transshipments of tuna and tuna-like species from listed vessels.

• provides for publicity and dissemination of IUU list with other RFBs.

Implementation of the Recommendation Concerning the ICCAT Record of Vessels
Resolution 02-24 (2002)

The Resolution notes that despite the establishment of an ICCAT Record of Vessels over 24 meters authorized to operate in the Convention Area under Recommendation 02-22, a hundred LSTLFVs are believed to continue IUU fishing in the Convention Area and elsewhere, and identifies action to be taken:

• by the Executive Secretary to identify newly listed vessels;

• by the Compliance Committee and Working Group to examine possible involvement of the remaining IUU vessels on the ICCAT Record.

Measures to Prevent the Laundering of Catches by Illegal, Unreported and Unregulated (IUU) Large-scale Tuna Longline Fishing Vessels
Resolution 02-25 (2002)

Taking into account the need to implement the IPOA-IUU, concerned that a significant number of catches by IUU fishing vessels are believed to be transferred under the names of licensed vessels and building on previous recommendations to improve control over transshipments, this Resolution calls upon CPCs:

• in respect of transshipments, to ensure that their licensed large-scale tuna longlining vessels have prior authorization and validated documentation, and that reports are made and validated;

• in respect of importing tuna and tuna-like species caught by large-scale tuna longlining vessels, to obligate transporters that intend to land such species in their port to submit required documentation prior to and immediately after the transshipment.

Concerning Cooperative Actions to Eliminate Illegal, Unreported and Unregulated Fishing Activities by Large Scale Tuna Longline Vessels
Resolution 02-26 (2002)

The Working Group formed by Resolution 01-19 encouraged collaborative work between Chinese Taipei and Japan to study further the involvement of the former’s residents and licensed vessels in IUU fishing, and to work out effective measures to prevent such involvement. This Resolution encourages such collaboration, and urges:

• Japan to work closely with the flag States of LSTLFVs, and implement the 2002 ICCAT Recommendation to establish a Record of Vessels over 24 meters authorized to operate in the Convention Area;

• Chinese Taipei to consider appropriate domestic legislation to improve its control its residents that invest in or otherwise support or engage in IUU fishing;

• Contracting Parties and others associated with ICCAT to urge their residents from engaging in or associating with activities that support IUU fishing.

Regarding Process and Criteria for ICCAT IUU Trade Restrictive Measures
Resolution 02-27 (2002)

Recognizing the desirability of implementing the IPOA-IUU, and the range of valuable tools already developed by ICCAT for doing so, this Resolution:

• calls for a Working Group to develop criteria and a process for the fair, transparent and consistent application of ICCAT measures, including trade restrictive measures, to prevent, deter and eliminate IUU fishing; and

• specifies terms of reference and minimum documentation to be considered.

Trade Measures
Resolution 03-15 (2003)

Considering intern alia the obligation of all CPCs to respect the ICCAT conservation and management measures, and aware of the necessity for sustained efforts by CPCs to ensure the enforcement of ICCAT’s conservation and management measures and the need to encourage non-Contracting Parties, Entities or Fishing Entities (NCPs) to abide by these measures, this Resolution encourages:

• CPCs that import tuna and tuna-like fish products, or in whose ports those products are landed, to collect and examine as much import or landing data and associated information as possible and submit specified information to the Commission annually;

• the Commission to identify each year the CPCs that have failed to comply with ICCAT’s Convention in respect of conservation and management measures, and NCPs that have failed to discharge their international obligations;

a range of other actions by the Commission, CPCs and NPCs.

The Duties of Contracting Parties and Cooperating Non-Contracting Parties, Entities or Fishing Entities in Relation to their Vessels Fishing in the ICCAT Convention Area
Recommendation 03-12 (2003)

In accordance with the Needs and Principles set forth in the General Outline of Integrated Management Measures Adopted by ICCAT, adopted by the Commission in 2002 to ensure effective monitoring measures, this Recommendation requires CPCs to:

• adopt measures so their vessels comply with and do not undermine ICCAT conservation and management measures;

• authorize their vessels to fishing the ICCAT Convention area by means of fishing authorizations, licences or permits;

• ensure that they do not authorize their vessels to fishing the Convention area unless they are able to effectively exercise their responsibilities in respect of such vessels, including monitoring and controlling their fishing activities;

• ensure their vessels do not conduct unauthorized fishing within areas under national jurisdiction of other States;

• require their vessels fishing on the high seas to carry the licence, authorization or permit on board at all times and to produce it on inspection by a duly authorized person;

• investigate and follow-up on an alleged violations;

• establish and maintain an up to date record of fishing vessels entitled to fly its flag and authorized of fish species managed by ICCAT in the Convention area;

• ensure vessels are marked in accordance with specified criteria.

The Recording of Catch by Fishing Vessels in the ICCAT Convention Area
Recommendation 03-13 (2003)

In accordance with the Needs and Principles set forth in the General Outline of Integrated Management Measures Adopted by ICCAT, adopted by the Commission in 2002 to ensure effective monitoring measures, this Recommendation requires CPCs to:

• ensure that all fishing vessels flying its flag and authorized to fish species managed by ICCAT in the Convention area be subject to a data recording system.

• To that end, all commercial fishing vessels over 24 m length overall must keep a bound or electronic logbook recording specified information, and sport fishing vessels must have comparable data-collection systems.

Minimum Standards for the Establishment of a Vessel Monitoring System in the ICCAT Convention Area
Recommendation 03-14 (2003)

In accordance with the Needs and Principles set forth in the General Outline of Integrated Management Measures Adopted by ICCAT, adopted by the Commission in 2002 to ensure effective monitoring measures, and recognizing the developments in vessel monitoring systems (VMS) this Recommendation requires CPCs to:

• implement a VMS, with specified requirements, by a date to be decided by the Commission.

Adoption of Additional Measures against Illegal, Unreported and Unregulated (IUU) Fishing
Recommendation 03-16 (2003)

Mindful of the need to improve the control and management of quotas and catch limits fixed by ICCAT and concerned that IUU fishing in the ICCAT Convention area continues, undermining the effectiveness of ICCAT conservation and management measures, and noting that certain vessels land, place in cages for farming, market and/or tranship tuna and tuna-like species when their flag State has no quota, catch limit or effort allocation in accordance with ICCAT conservation and management measures, this Recommendation requests CPCs to:

• take the necessary measures to prohibit landings from fishing vessels, placing in cages for farming and/or the transshipment within their jurisdiction of tuna or tuna-like species caught by IUU fishing activities.

The Continuance of Trade Measures Against Equatorial Guinea
Recommendation 03-17 (2003)

Calling attention to, inter alia, a 2000 Recommendation by ICCAT regarding Equatorial Guinea Pursuant to the 1998 Resolution Concerning the Unreported and Unregulated Catches of Tuna by Large-scale Longline Vessels in the Convention Area (00-16), which prohibits imports of Atlantic bluefin tuna and its products and Atlantic bigeye tuna and its products from Equatorial Guinea, this recommends that:

• Contracting Parties continue to take appropriate measures to the effect of prohibiting the import of these species from Equatorial Guinea, until decision by the Commission and notification by ICCAT permits a lifting of the prohibitions.

Bigeye Tuna Trade Restrictive Measures on Georgia
Recommendation 03-18 (2003)

Inter alia, recalling the adoption in 1998 of the Resolution by ICCAT Concerning the Unreported and Unregulated Catches of Tunas by Large-Scale Longline Vessels in the Convention Area, this recommends that:

CPCs take appropriate measures t the effect that the import of Atlantic bigeye tuna and its products in any form from Georgia be prohibited, until decision by the Commission and notification by ICCAT permits a lifting of the prohibitions.

NORTH ATLANTIC SALMON CONSERVATION ORGANIZATION (NASCO)

Fishing for Salmon on the High Seas
Resolution CNL (92)54 (1992)

Taking into account the United Nations Convention on the Law of the Sea, NASCO’s prohibition on high seas fishing and non-parties fishing for salmon on the high seas despite appeals by NASCO to cease fishing activities, this Resolution calls for:

• measures to encourage non-contracting parties to sign and comply with the NASCO Protocol;

• encourages the Contracting Parties to report sightings of high seas fishing activities that may undermine NASCO’s conservation measures;

• requests NASCO to take a number of measures, including collection, compilation and dissemination of relevant information.

NORTH EAST ATLANTIC FISHERIES COMMISSION (NEAFC)

Scheme to Promote Compliance by Non-Contracting Party Vessels with Recommendations Established by NEAFC
Recommendation (1998)

The Recommendation is directed at non-Contracting Party vessels engaged in fishing activities in areas beyond national jurisdiction in the high seas in the Convention Area (“the Regulatory Area”), and:

• creates a presumption that a non-Contracting Party vessel sighted in the Regulatory Area engaging in fishing activities is undermining the effectiveness of NEAFC Recommendations (it also applies to other vessels involved in transshipment with such vessels, inside or outside the Regulatory Area);

provides procedures for the transmission of information, boarding and inspection, port inspection, prohibition of landings and transshipments, reports and evidence.

Scheme to Promote Compliance by Non-Contracting Party Vessels with Recommendations Established by NEAFC
Recommendation, Document AM 2003/34 (2003)

This Scheme addresses activities in relation to:

• Sightings of Non-Contracting Party (NCP) vessels;

• Inspections at sea;

• Inspections in port;

• Landings, transshipments and joint fishing operations;

• Notification of presumed IUU activities;

• Reports on IUU activities;

• IUU vessel lists;

• Cooperating non-Contracting Parties’

• Follow-up action;

• Action vis-à-vis Flag States

Actions against Non-Contracting Parties Engaged in Illegal, Unregulated and Unreported (IUU) Fishing in the Regulatory Area
Resolution, Document AM 2003/39 (2003)

This Resolution, concerned that IUU fishing compromises the primary objectives of the Convention, and aware that a significant number of vessels registered to non-Contracting Parties engaged in fishing operations in the Regulatory Area in a manner which diminishes the effectiveness of NEAFC management measures, urges Contracting Parties to:

• take steps towards States identified to have vessels flying their flags being engaged in IUU fishing in the Regulatory Area by approaching the flag States concerned requesting them to take all appropriate steps to halt the undermining of NEAFC management measures.

NORTHWEST ATLANTIC FISHERIES ORGANIZATION (NAFO)

Scheme to Promote Compliance by non-Contracting Party Vessels with the Conservation and Enforcement Measures Established by NAFO
NAFO/GC Doc. 97/6 (1997)

Acknowledging the rights, duties and obligations of States whose vessels fish on the high seas expressed in the 1982 UN Convention, the 1995 UN Fish Stocks Agreement, the 1993 FAO Compliance Agreement and general principles of international law, this document:

• establishes a presumption that non-contracting party vessels engaged in fishing activities in the NAFO Regulatory Area are undermining the effectiveness of NAFO Conservation and Enforcement Measures, and applies the presumption to any other non-contracting party vessels which has engaged in transshipment activities with such vessels inside or outside the Regulatory Area;

• sets out procedures for information and reports relating to sightings of the above;

• sets out procedures for boardings and inspections;

• requires contracting parties to ensure their vessels do not receive transshipments of fish from such vessels;

• sets out procedures for review of the Scheme.

WESTERN CENTRAL PACIFIC FISHERIES COMMISSION (WCPFC)

Resolution of the Preparatory Conference relating to Illegal, Unreported and Unregulated Fishing and Limits on Fishing Capacity
(2002)

Noting a number of international instruments, including the IPOA-IUU, that fishing capacity has continued to increase in the region since 1999 and the potential redeployment of IUU vessels from other regions into the Convention Area, the Resolution:

• urges States and other entities to exercise reasonable restraint in respect of any expansion of fishing effort and capacity in the Convention Area and to apply the precautionary approach forthwith;

• urges States and other entities concerned to take every appropriate measure to prevent, deter and eliminate IUU fishing in the Convention Area;

• promotes cooperation in exchanging information on the IUU fishing activities and other activities that might undermine the effectiveness of the Resolution.