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The IPOA-IUU calls on States to ensure, including through appropriate fishing authorization and vessel registration procedures, that their flag vessels and vessels under charter do not engage in or support IUU fishing. |
The Fisheries Management Act 2002 requires PIC fishing vessels that desire to operate in or outside PIC EEZ to be registered on the Fishing Vessel Register.[29] On application to be registered, the vessel is required to be inspected to ensure it is fit for fishing and conforms with safety and hygiene standards.[30] Notification of any change of ownership or modification to a registered vessel is required within 30 days and a further inspection is mandatory.
The Act also requires that the High Seas Fishing Permit Register be maintained. This Register is a record of PIC fishing vessels that have been issued with high seas fishing permits.[31]
Foreign vessels under charter to PIC interests are required to be in "good standing" on the FFA Regional Register of Fishing Vessels before they can be registered on the Fishing Vessel Register[32] and therefore eligible to apply for a licence to fish in PIC waters.
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The IPOA-IUU calls on each flag State to maintain a record of fishing vessels entitled to fly its flag. Each flag State's record of fishing vessels should include, for vessels authorized to fish on the high seas, all information set out in paragraphs 1 and 2 of Article VI of the 1993 FAO Compliance Agreement, as well as the additional information specified in paragraph 42 of the IPOA-IUU. |
As a party to the WCPF Convention, the PIC is required to maintain a record of vessels entitled to fly its flag and authorized to fish in the Convention area beyond its area of national jurisdiction.[33] The following information relating to such vessels is required to be submitted to the WCPF Commission on an annual basis with any modifications requiring prompt notification:
Carrying capacity, including freezer type, capacity and number and fish hold capacity.
The above information incorporates all vessel information requirements set out in paragraphs 1 and 2 of Article VI of the 1993 FAO Compliance Agreement as well as most of the additional information suggested for inclusion specified in paragraph 42 of the IPOA-IUU.
While the history of non-compliance by a vessel is not included in the record of flag vessels, the PIC maintains a record of all fishing violations that occur in its EEZ. In addition, PIC flag vessels that commit an offence outside of the PIC can be prosecuted under the Fisheries Management Act 2002, and any information in this respect can be made available.
At the inaugural meeting of the WCPF Commission it was decided that each Party should submit its initial record of flag vessels by July 2005. The FFA Regional Register already contains details of some PIC flag vessels and could be used as the basis for a regional standard format which could easily be electronically transmitted to the WCPF Commission.
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The IPOA-IUU calls on States to ensure that no vessel is allowed to fish unless so authorized, in a manner consistent with international law for the high seas. A flag State should ensure that each of the vessels entitled to fly its flag fishing in waters outside its sovereignty or jurisdiction holds a valid authorization to fish issued by that flag State. Where a coastal State issues an authorization to fish to a vessel, that coastal State should ensure that no fishing in its waters occurs without an authorization to fish issued by the flag State of the vessel. |
The Fisheries Management Act 2002 requires authorizations to fish, including permits for all PIC vessels and PIC subjects and permanent residents, in areas beyond national jurisdiction.[34] Foreign fishing vessels can be issued with a licence to fish in PIC waters provided there is an access agreement in place with the Government of the flag State of the vessel.[35]
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The IPOA-IUU calls on flag States to ensure their fishing, transport and support vessels do not support or engage in IUU fishing. The IPOA-IUU also calls on States to ensure that, to the greatest extent possible, all of their fishing, transport and support vessels involved in transhipment at sea have a prior authorization to tranship issued by the flag State, and report specified information to the national fisheries administration or other designated institution. |
Any authorized transport and support vessels that have been involved in IUU fishing in PIC waters or an area of the high seas subject to international conservation and management measures will be subject to prosecution. It is an offence under the Fisheries Management Act 2002 for such vessels not registered in PIC, to carry out related activities, such as refuelling and transhipping, in PIC waters. In cases where transport or support vessels are found to have supported IUU fishing but have escaped apprehension, the application of the Regional Register is an option.
At-sea transhipment of fish by purse seiners is not permitted in the Pacific Islands region. Licence terms and conditions require vessels operating in the PIC to provide 72 hours advance notice to tranship as well as the written permission to do so from the Secretary of the Ministry of Fisheries.
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[29] Fisheries Management Act
2002, Part IV, S20 (2). [30] Fisheries Management Act 2002, Part IV, S20 (5-6). [31] Fisheries Management Act 2002, Part VIII, S55 (1). [32] Fisheries Management Act 2002, Part IV, S20 (3), certain vessels may however be exempted. [33] WCPF Convention Part V, Art. 24, S.4 [34] Fisheries Management Act 2002, Part IV, S20 (2), S21 (1). [35] Fisheries Management Act 2002, Part VII, S38 (4). |
