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Appendix H. National plan of action case study: a continental State


The fishing industry in Galactia, a developing coastal State bordering the Atlantic Ocean, is based on resources from the marine and, to a lesser extent, inland sector.

1.1 The inland sector

The main sources of inland fisheries - entirely traditional or artisanal - are the Great Vegan Lake, reservoirs and fish ponds. Inland fishing employs around 85,000 fishers and traders, and most of Galactia’s small inland fishing boats - around 15 000 - operate on the Great Vegan Lake, most of them without engines. The annual production of inland fisheries is about 16 per cent of the annual total domestic production, with prices affected mostly by the quality and quantity of the fish.

There has been rapid expansion of the population of introduced fish in the Great Vegan Lake, locally referred to as “the Saviour”, and the fishery it supports. This has led to many expressions of alarm about the future of the lacustrine ecosystem and the sustainability of the resource.

The Saviour Fish, together with two other species, make up most of the total catch composition of fish from the Great Vegan Lake. The Saviour Fish has a high export value, with a significant export market being member countries of a regional economic integration organisation (REIO).

Non-Galactian fishers from the two other countries bordering the Great Vegan Lake frequently fish illegally in Galactian waters and land the fish in their home countries both for consumption and export.

Data on effort in terms of numbers of boats, fishers, nets or fishing days are somewhat fragmentary and weak; catch statistics are usually recorded at the main marketing centres on the Great Vegan Lake. The difficulties involved with the collection, analysis and reporting of catch, effort, price and related data for inland fisheries have been well known for some time. While repeated attempts have been made to resolve them, there have generally been few long-lasting effects. Monitoring and reporting systems have remained weak, not so much for lack of knowing what needs to be done but for lack of funds, equipment and trained and committed personnel.

Of the three countries bordering the Lake, Galactia has the most complete monitoring and reporting system, and it indicates a trend towards increasing effort. The fishing pressure is affecting juvenile as well as adult stock components in a situation that is already unstable and in need of a strong precautionary approach. Because of the value of Saviour Fish for export, poorer operators stand to be displaced from the fishery, and consumer prices for table fish are tending to spiral upward.

Due to the interrelationship of the three major species of fish in the Great Vegan Lake, it is believed that the best form of management is gear selectivity. The non-Galactian fishers often use gear that is not adequately selective, and tend not to report catch or effort.

One of Galactia’s neighbouring countries has played a leading role in the export trade for Saviour Fish, due largely to favourable geographical and infrastructural circumstances. But overcapacity now exists in that country, with ramifications for Galactian fish-marketing and distribution patterns that could be disruptive to Galactia’s national economic interests.

A concern is the future of the Great Vegan Lake ecosystem. In recent years, there have been changes in water quality, marked by increasing eutrophication and the development of an anoxic layer at lower depths of the water column. This has been brought on by a range of factors, including chemical pollution, sedimentation and runoff of deleterious substances from logging operations. In addition, the rapid colonization by the water-hyacinth has been ubiquitous, with its mats often choking sheltered bays and inlets. This is less a problem in the Galactian portion of the lake than along the shorelines of the neighbouring countries.

One consequence of the deterioration of the ecosystem has been the ban by the REIO members on the import of Saviour Fish on grounds that they contained harmful chemicals which were used in fishing operations. This has affected thousands of fishers and marketers in countries around the Lake, including Galactia.

1.2 The marine sector

The fisheries activities in the marine sector exploit both pelagic and demersal fish resources. Fishing activity in the marine sector consists of:

The focus for IUU fishing in the marine sector is fishing by trawlers and tuna fishing.

1.2.1 Trawlers and tuna vessels

The major species fished by trawlers is shrimp. Fourteen Galactian trawler vessels fish in the waters of neighbouring countries, and the others fish in Galactian waters. In Galactia, the trawlers may only fish in certain areas and with specified gear. Shrimps are processed and packed on board the trawlers for export.

Three tuna vessels are known to fish in neighbouring countries and on the high seas, and several others are suspected of fishing beyond areas of national jurisdiction. Thirty of the vessels are pole and line and three are purse seiners. All tuna vessels are currently operated on a joint-venture basis with Galactians beneficially owning or controlling at least 50 per cent of the shares as required by the 2002 Fisheries Act. They are all registered in Galactia. Where there is no joint venture the Fisheries Act allows licences for foreign fishing vessels to be issued if there is an access arrangement, but none have been issued in this manner.

1.2.2 Tuna processing and production

About 40 per cent of the sustainable annual tuna catch of the Eastern Atlantic can be taken in Galactian waters. About 70 per cent of the landed tuna is processed into loins or canned and exported, and it is believed that tuna is the only significant species in Galactian waters able to sustain increases in production. Galactia’s tuna fishing potential has been increased by the recent provision of tuna landing facilities, financed by foreign aid.

Tuna processing and preparation of fishmeal from tuna discards are the only industrial processing activities carried out in Galactia. The Pacifica Food Cannery and Atlantica Food Cannery process tuna mainly for the export market. Since continuous supply of tuna is a problem, overseas partners able to bring in or equip fishing boats are being sought. The Minister of State in charge of Fisheries recently announced that Government would bring in some fishing vessels to enable Galactians to produce fish locally, as in the past few years the concentration had been on the importation of fish. A major goal is to raise tuna production from 70,000 to 100,000 metric tonnes annually.

1.2.3 Terme Harbour, port development

Terme Fishing Harbour is currently the main landing point for all tuna and industrial vessels. The Pacifica and Atlantica Food canneries, with capacities of 25,000 tonnes and 4,500 tonnes, respectively, are located within the Terme Fishing Harbour Area. The semi-industrial fleet is mostly located in Terme Fishing Harbour.

1.2.4 Export and investment policy, financial value of industry

The Galactian government seeks to encourage non-traditional fisheries with a view to export, and to this end it has a policy for tax free port and zone development. This would encourage investment by providing tax exoneration for the first ten years of operation.

In total, the marine fishing industry supports up to 1.5 million people, about 10 per cent of the total population. It accounts for about 5 per cent of the agricultural Gross Domestic Product (GDP). Fish and fish products, including tuna and shrimp, contribute US$62 million which is 20 per cent of the industrial or non-traditional exports of Galactia.

1.2.5 Deepwater species depleted

Catches made in the Galactian exclusive economic zone (EEZ) are comprised of about 80 per cent deepwater species. All indications are that there is a high rate of exploitation and excessive fishing pressure, especially for demersal stocks. In the past eight to ten years, several reports have emphasised the need to reduce the fishing pressure on the demersal stocks because they are significantly depleted.

There are a number of reasons for this. Galactia is a big market for fish - and demand for fresh or frozen produce outstrips supply. This has encouraged many to take up fishing, increasing the number of canoes and leading to overfishing of the accessible coastal shallows. Also, large-scale poaching by foreign vessels seriously depleted the demersal fish stocks in the Galactian EEZ some years ago.

1.2.6 Galactian nationals in marine fisheries sector

Galactian nationals working in the marine fisheries sector confine their activities to the Galactian fishery waters or Galactian vessels, and are not employed on vessels of other countries. Two Galactian-owned vessels that fish outside Galactian waters illegally carry two registrations, one Galactian and the other from Pluto, a country that does not meet its flag State responsibilities.


The fisheries in Galactia are controlled by two management systems, described below. One is the traditional systems based on community institutions and social practices at the local level. The second is a management system consistent with international management principles, based on free access but regulated by the State. It is principally directed at the activities relating to semi-industrial and industrial fishing vessels in the marine sector. The 2002 Fisheries Act, described below, provides the basis for regulation of the marine sector.

2.1 Traditional systems of management

The head of the fishing community is the Chief Fisherman, who is chosen from a clan in the community. As a symbol of local administrative and spiritual authority in the community, the Chief Fisherman settles disputes, maintains law and order on the beach, coordinates action in the event of accident at seas, mediates with migrant fishers, supervises the fair distribution of any communally acquired inputs, collects user fees for initiating development projects and leads the people in performing religious rituals connected with the sea. He is assisted by a council of senior fishers.

Attempts have been made to establish community-based fisheries management committees in all the fishing communities in the Great Vegan Lake system. With the assistance of the Department of Fisheries, the fishing communities are encouraged to plan, formulate and implement fisheries resource management plans. Astra, a fishing community in the Lake system, has an effective community-based system, and is being used as a model for adoption by other fishing communities. This system of management has been found to be relatively more effective than conventional methods.

2.2 Management regulated by the State - the 2002 Fisheries Act

Fisheries management and development requirements, consistent with international principles, are embodied in the 2002 Fisheries Act. Recognizing the traditional systems, it provides a framework for inland fisheries, including a community-based management system. It contains more substantial provisions relating to the semi-industrial and commercial marine sectors.

The Act was drafted in 1994, but not passed into law for many years. It therefore does not implement many of the provisions that were developed in the 1993 FAO Compliance Agreement, the 1995 UN Fish Stocks Agreement and the IPOA-IUU. It applies only to activities in areas under Galactian jurisdiction, except for the enforcement action of hot pursuit outside such areas for an offence committed within Galactian jurisdiction.

The Act is regarded as a platform for developing and strengthening fisheries management in Galactia, and is used as a major reference point for capacity building and addressing management issues, including IUU fishing activities. Relevant provisions that would empower Galactia to improve its current management practices (previously hindered by lack of authority as well as financial resources and political support) are set out below.

Although major constraints to implementing the legislation are the continuing lack of human resources, capacity, infrastructure, financial resources (sometimes resulting in conflicts of interest) and integration with other government agencies, Galactia is benefiting from assistance from sub-regional, regional and international organizations and programmes, as well as donor assistance. It therefore views the legislation as a foundation upon which to build and priories its management practices.

2.2.1 The Fisheries Commission and Minister

The Fisheries Act establishes a management authority in the form of a Fisheries Commission in the Ministry of Food and Agriculture. It is comprised of ten persons, including seven ex officio government and three industry members. Its object is to regulate and manage the utilization of the fishery resources of Galactia and coordinate the policies in relation to them. Its functions include promoting subregional, regional and international cooperation in fisheries management. There is also a provision for the Minister to consult on international fisheries management, including through regional or sub-regional organisations or international agencies.

2.2.2 Licence and registration requirements for fishing vessels

In keeping with the dual management systems, the Act has separate provisions in relation to local industrial and semi-industrial fishing vessels, foreign fishing vessels, artisanal fishing, aquaculture and recreational fishing vessels. Licences are required for fishing in Galactian waters by:

Licensed vessels are not allowed to land, tranship or discharge any fish outside Galactia. A licence is required for transhipment or export, and in any case fish have to be landed first in Galactia. The Fisheries Commission is required to keep a register of fishing licences. Licensed vessels are required to make appropriate reports of catches and related data, and maintain logbooks.

2.2.3 The Inshore Exclusion Zone

Large semi-industrial vessels and industrial vessels are not permitted within the inshore exclusion zone (IEZ). This comprises the coastal waters between the coastline and the 30 metre isobath or 6 nautical mile offshore limit, whichever is farthest. Canoe support vessels are also prohibited, as are towing gear. The IEZ is reserved exclusively for small semi-industrial vessels. Unlike some of its neighbours, a major problem in Galactia is not with illegal trawlers but with licensed trawlers using illegal practices, including widespread fishing inside the IEZ. Trawlers are required to operate according to strict regulations, but the government does not have the necessary capacity to enforce this.

2.2.4 Galactia Monitoring, Control and Surveillance Unit

The 2002 Fisheries Act provides for a Monitoring, Control, Surveillance and Enforcement Unit. Personnel for the Unit are designated by the Minister in consultation with the Minister for Defence, and include personnel from the navy, air force and the secretariat of the Commission. Their powers are clearly set out for activities inside areas of Galactian jurisdiction, but, as noted above, they may exercise their powers beyond the limits of the EEZ following hot pursuit.

2.2.5 Penalties, fines, compounding process

Management of fisheries can be frustrated due to the fact that penalties and fines in the Act are very steep, but somewhat uneven. They are expressed in US dollars and in most cases there are maximum and minimum fines. Maximum fines generally apply to semi-industrial, industrial or foreign fishing vessels and can be as high as $2 million, for example in the case of unlicensed fishing by a foreign fishing vessel. However, unlicensed fishing by a Galactian industrial fishing vessel attracts a minimum fine of $1000, with no maximum specified.

There is a provision in the Fisheries Act for compounding an offence, allowing the Commission to accept an amount not less than the minimum penalty for the offence, plus the fair market value for any fish caught illegally, with the consent of the prosecutor.

2.2.6 Evidentiary provisions

Evidentiary provisions allow for certificate evidence by an authorized officer regarding, inter alia, the position of a vessel as identified by position fixing instruments. The certificate can be used as sufficient evidence in the prosecution if there is no objection by the defendant. There is a general provision regarding “designated machines” where the Minister may designate a machine by notice in the Gazette and the readings from such machines are admissible as evidence under certain circumstances. This could apply to automatic location communicators (ALCs) in a vessel monitoring system (VMS), but there are no requirements regulating the installation and maintenance of ALCs for VMS generally.

2.3 Integrated decision-making in Galactia

As noted above, the 2002 Fisheries Act provides for integrated decision-making in the Department of fisheries through establishment of the Fisheries Commission, and in requiring consultations.

In areas related to fisheries, the Ministry of Environment, Science and Technology acts as Coordinating Ministry for integrated decision-making in the following areas:

Other arrangements that facilitate coordination include the National Committee for the Implementation of Agenda 21 and the Steering Committee of the Gulf of Galactia Large Marine Ecosystem (LME) Project. However, in respect of the latter there has not been much progress on addressing issues relating to management of high seas fishing because the project addresses broader issues relating to the LME.


The University of Galactia carries out research that is focused on the Saviour Fish and related species. It runs two research stations on the Great Vegan Lake in cooperation with the Department of Fisheries.

The Water Research Institute conducts research on the ecological changes of the Great Vegan Lake, estuaries, lagoons and the immediate inshore water system of Galactia in order to provide information for proper utilization, exploitation, development and management of resources.

Galactia also benefits from the Regional Project for Research and Training on Coastal Marine Systems, and other relevant projects implemented with development assistance and through regional organizations and programmes.


The World Bank is midway through a ten year fisheries sub-sector capacity building project in Galactia, in the amount of US$9 million.

A regional economic integration organization and UN Specialized Agencies have provided substantial technical support to the development of the fisheries subsector.

In addition, many of the regional organizations and programmes, noted below, have also been active in providing technical assistance and fisheries management support to Galactia.


5.1 Treaties and agreements

Galactia has signed and ratified the 1982 United Nations Convention on the Law of the Sea (1982 UN Convention). It has not signed the 1995 UN Fish Stocks Agreement nor adhered to the 1993 FAO Compliance Agreement. However, the government plans to become party to the 1995 UN Fish Stocks Agreement and 1993 FAO Compliance Agreement to better carry out its obligations as a member of regional fisheries bodies.

5.2 Membership in regional fishery bodies

Galactia is a member of the following regional fishery bodies:

5.3 Participation in regional programmes



1.1 Review of national laws, regulations and practices relating to IUU fishing[39]

The Republic of Galactia will undertake a review of its national laws, regulations and practices relating to IUU fishing, with a view to implementing the IPOA-IUU in the most expedient manner possible. In prioritising the implementation of the 2002 Fisheries Act, it will identify provisions which will be most effecting in combating IUU fishing, such as MCS and licensing. The principal goal of the review is to rationalize and strengthen the legal regime and to make possible the use of all relevant tools in the IPOA-IUU “toolbox”.

1.1.1 Additional legislative or regulatory authority necessary or desirable to implement the IPOA

The Fisheries Act, 2002 will be reviewed to consider whether to give the following areas legal status through laws, regulations or other instruments, or to take other measures. State control over nationals[40] Sanctions[45] Eliminating subsidies or other economic support to IUU fishers[46] Evidentiary standards and admissibility[47] Monitoring, control and surveillance[48] Strengthening control over foreign fishing Strengthening control over landings and transshipments Strengthening control over exports Implementation of obligations under RFMOs Implementation of international law[50]

1.1.2 Review of practices relating to IUU fishing State control over nationals[51] Vessels without nationality[52] Non-cooperating States[53]

· Galactia will cooperate with all RFMOs to which it belongs to prevent, deter and eliminate the activities of non-cooperating States which engage in IUU fishing. In particular, it will implement all relevant resolutions of CCT. Economic incentives[54] Monitoring, control and surveillance[55]

1.2 General measures needed to conform national laws, regulations and practices to international standards

General measures needed to conform national laws and regulations to international standards consist of the reviews and amendments described in paragraph 1.1 of this section.

1.3 Plans to become party to and/or implement relevant international instruments

Galactia plans to adhere to the 1993 FAO Compliance Agreement and accede to the 1995 UN Fish Stocks Agreement, but because of lack of institutional capacity will request special assistance for developing States under Part V of the IPOA-IUU to enable accession and implementation in national law. It will also seek further assistance in implementing the 1995 FAO Code of Conduct for Responsible Fisheries.

1.4 Measures to improve State control over nationals

Measures will be taken to improve State control over nationals, based on the review described in paragraph, above. In addition, an information campaign will be mounted, with external assistance, to deter nationals from engaging in or supporting IUU fishing, both within and outside Galactian waters.

1.5 Measures to deal with vessels without nationality that conduct IUU fishing

Galactia currently lacks capacity to take measures to deal with vessels without nationality that conduct IUU fishing, as noted in paragraph above. Galactia will ensure communication as appropriate through any RFMO of which it is a member to notify other States of information it receives or action it takes. It will also be ready to receive information from any RFMO or other State regarding a vessel without nationality that may appear to be heading for Galactia waters, and will take appropriate measures.

1.6 Elimination of subsidies and other economic support relating to IUU fishing

The measures taken to eliminate subsidies and other economic support relating to IUU fishing are described in sections and above.

1.7 Measures to improve monitoring, control and surveillance

Measures to improve monitoring, control and surveillance are described in sections and above. In addition, with respect to inland fisheries on the Great Vegan Lake, Galactia will cooperate through regional organizations and programmes to improve MCS through improved reporting, research and developing a programme where its nationals report on the activities of non-Galactian vessels. It will also cooperate directly as appropriate with neighbouring countries around the Great Vegan Lake towards this end.


2.1 Measures to improve registration system for fishing vessels

2.1.1 Keeping register current

Galactian law currently requires registration of all fishing vessels, but the register is out of date because of lack of capacity to keep it current. Many vessels currently on the register no longer exist, or have changed ownership. Measures will be taken under the capacity-building project to ensure that the register is kept up to date, with initial priority given to semi-industrial and industrial vessels.

2.1.2 Control of registered vessels

Galactia will take measures to ensure its ability to control vessels before granting registration. This will include the following. Sufficient registration information Measures to deny registration Further control measures

2.1.3 Coordination of government activities

The Fisheries Commission will liaise regularly with the Ships’Registry Office with a view to putting information requirements and procedures in place to prevent and deter IUU fishing, such as deregistration requirements for vessels convicted of IUU fishing.

2.1.4 Review of chartering arrangements

Although all vessels currently fishing fly the Galactian flag, measures will be taken to ensure Galactia can maintain control, in areas beyond national jurisdiction, of vessels fishing under joint ventures or chartering arrangements. Such measures will require transparent chartering arrangements to ensure clear, current and accurate information is provided, and legal provisions will be considered:

The charter arrangement could, for example, provide express authority for both States to board and inspect the vessel on the high seas and require reporting of catch data to both States. The 2002 Fisheries Act, in which the “operator” of a vessel is liable for most offences, defines operator as the owner, charterer and master. This means that the charterer may be prosecuted if IUU fishing takes place.

2.2 Creation of a comprehensive record of fishing vessels

2.2.1 Data for registration of high seas fishing vessels

The following data will be included in the registration of fishing vessels authorised to fish on the high seas:

2.2.2 Submission of data to FAO

Submission of the above data to FAO will be arranged on a regular basis, noting that information on the last six points (from name and address of operator) will be submitted to the extent practicable.

2.3 Measures requiring authorization to fish

The 2002 Fisheries Act requires industrial and semi-industrial vessels to have a licence to fish prior to engaging in fishing activities, and this will continue to be enforced. Galactia will cooperate through regional organizations and programmes to develop arrangements aimed at a system of fishing authorizations for the Great Vegan Lake.

2.4 Measures to control transport and support vessels

The 2002 Fisheries Act prohibits support canoes from operating in the IEZ, and measures will be reviewed to enforce this law. Galactia will enforce the requirement that at-sea transhipments and processing of fish require authorization from the flag State (including Galactian vessels that undertake processing at sea in the zone of a neighbouring country). Galactia will adhere to CCT’s rules that at-sea transhipments take place only between CCT members or between CCT members and cooperating non-parties.

2.5 Other control measures

Regulations will be promulgated under the 2002 Fisheries Act to require semi-industrial and industrial fishing vessels and their gear to be marked in accordance with FAO international vessel marking standards.


3.1 Measures to combat IUU fishing in Galactian waters by foreign vessels

It is suspected that there are incursions by foreign vessels into Galactian marine waters. As the MCS Unit is strengthened, enforcement activity will focus on these incursions. In addition, information will be sought from CCT, FAO and other sources as appropriate as to the vessels that may be fishing in this area.

With respect to IUU fishing by non-Galactian vessels on the Great Vegan Lake, Galactia will continue to develop approaches to improve MCS, including appropriate penalties such as confiscation of fish and vessels operated by unauthorized fishers from neighbouring countries.

3.2 Cooperation with other coastal States

Galactia will cooperate with its neighbouring coastal States, especially those in which Galactian vessels are fishing, with a view to exchanging data and cooperating in enforcement of IUU fishing. Cooperation will be carried out bilaterally and through the RFMOs of which Galactia is a member.


4.1 Improvement of port State measures to combat IUU fishing

4.1.1 Advance notification for port access

Galactia will, by regulation, require foreign fishing vessels to provide advance notification in seeking port access.

4.1.2 Inspection of foreign vessels in port

As the MCS Unit is strengthened, a strategy will be developed to ensure foreign vessels are inspected in port, and that the inspectors are trained to inspect catch certification documentation agreed in CCT.

4.1.3 Evidence indicating IUU fishing

Where evidence is found indicating that a foreign vessel in port has encouraged or supported IUU fishing, a procedure will be developed to enable effective measures to be taken, including prohibition on landing or transhipment.

4.1.4 Denial of port access

Procedures will be developed to allow the denial of port access to foreign vessels suspected of engaging in or supporting IUU fishing.

4.2 Cooperation with port States to combat IUU fishing

Galactia will cooperate with neighbouring coastal States to agree on mechanisms and information exchange to combat IUU fishing.

4.3 Implementation of port State measures adopted by RFMOs

Galactia will implement port State measures adopted by relevant RFMOs, with a priority on measures adopted by CCT.


5.1 Implementation of market-related measures adopted by RFMOs

5.1.1 Provision of information to RFMOs

Galactia will provide information to CCT and other relevant RFMOs as appropriate on vessels suspected of IUU fishing in their respective Areas of Competence.

5.1.2 Import restrictions

Measures will be taken to restrict imports of fish and fish products from vessels and/or States identified by RFMOs, especially CCT, as engaging in or supporting IUU fishing.

5.1.3 Catch documentation schemes

Measures will be taken to implement the catch documentation and certification schemes for Galactian vessels that are adopted by CCT and any other relevant RFMO to which Galactia may become a member.

5.2 Implementation of other market-related measures

5.2.1 Transparency measures

Technical assistance will be requested to develop measures to improve the transparency of markets to allow the traceability of fish and fish products.

5.2.2 Information dissemination

As part of the capacity building project, Galactia will mount an information programme to disseminate information on IUU fishing to individuals and companies whose activities are related to fishing.

5.2.3 Prohibition in law

An amendment to the 2002 Fisheries Act will be drafted as described in paragraph, above, that makes in a violation to conduct business or trade in fish or fish products derived from IUU fishing.


6.1 Implementation of IPOA-IUU through RFMOs

Galactia will continue to work through RFMOs to implement the IPOA-IUU. It will support proposals made for relevant activities, and implement any decisions taken to the extent possible. However, Galactia’s capacity to participate in RFMOs and to actively implement their resolutions and processes (such as provision of information) is limited. As appropriate, further technical assistance may be sought to further Galactia’s participation in some of the following endeavours.


This Part of the IPOA, which relates to participation in efforts to assist developing States, and give bilateral assistance to developing States, is not relevant for the NPOA of Galactia because it indicates the establishment by donors of a voluntary trust fund. Galactia supports the establishment of a voluntary trust fund, and acknowledges and values the assistance given to date including by FAO programmes such as FishCode, which has a component to support the implementation of the IPOA-IUU fishing.

[38] Semi-industrial is defined in the Galactian 2002 Fisheries Act as a motor fishing vessel powered by an inboard engine, and excludes artisanal fishing vessels (traditional canoe fishing by a citizen) and industrial fishing vessels (motor fishing vessel equipped with hydraulic equipment and using industrial gear).
[39] For examples of legislation adopted by some countries relating to IUU fishing, see Edeson, W., Freestone, D., and Gudmundsdottir, E., “Legislating for Sustainable Fisheries” The World Bank, 2001.
[40] IPOA–IUU Paragraphs 18 and 19.
[41] For further explanation of the ambiguity, see Edeson, W., et al, note 1, p. 63-65.
[42] Note the official designation of RFMOs, for example by Notice in the Gazette, would provide the necessary certainty as to the high seas conservation and management measures that will be applicable to Galactian nationals. Such certainty in law is an essential component of criminal offences.
[43] The United States, for example, has declared that stateless vessels are subject to the jurisdiction of the United States, and has successfully exercised its authority under related legislation (the Magnuson-Stevens Act and the High Seas Fishing Compliance Act.)
[44] An example of this is the United States Lacey Act which can be used in certain circumstances, for example where the fish or fish products are landed or brought to any place subject to US jurisdiction. The legislation is not directed specifically at US nationals, but makes it unlawful for any person subject to US jurisdiction to “import, export, transport, sell, receive, acquire, possess or purchase any fish...take, possessed or sold in violation of any foreign law, treaty or regulation.” This has been used successfully to prosecute US nationals who engage in certain forms of IUU fishing.
[45] IPOA–IUU Paragraph 21.
[46] IPOA–IUU Paragraph 23.
[47] IPOA–IUU Paragraph 17.
[48] IPOA–IUU Paragraph 24.
[49] This is similar to the US “Lacey Act” provision, which has the objective of enforcing the laws of other States through such measures.
[50] Paragraph 11.
[51] Paragraphs 18 and 19.
[52] Paragraph 20.
[53] Paragraph 22.
[54] Paragraph 23.
[55] Paragraph 24.

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