OECD – Workshop on IUU Fishing Activities

Port State Measures

Terje Lobach

Relevant global instruments

• 1995 UN Fish Stocks Agreement

• 1993 FAO Compliance Agreement

• Code of Conduct for Responsible Fisheries

• International Plan of Action on IUU

Fishing

Flag State responsibilities

• FOC - ”Flag of Convenience”

• FONC – ”Flag of Non- Compliance”

Paris Memorandum of Understanding

• Merchant fleet

• 25% inspection target

• IMO

• Inspiration for other regions

Joint FAO/IMO Working Group

Findings:

The majority of fishing vessels are not covered by IMO instruments either because fishing vessels are specifcally excluded, are outside size limitations or the flag States are not parties to relevant instruments.

UN Fish Stocks Agreement

Article 23 (Measures by the port State)

”A port State has the right and duty to take measures…..”

IPOA on IUU Fishing

Article 62:

States should cooperate, as appropriate, bilaterally, multilaterally and within relevant regional fisheries management organizations, to develop compatible measures for port State control.

Regional Fisheries Bodies

Some Regional Fisheries Bodies

• CCAMLR

• ICCAT

• NAFO

• NEAFC

Some Current RFMO Schemes

• NCP Schemes

• IUU Vessels - blacklisting/

whitelisting

• Denial of landings/services

• CP Schemes

• Catch Certification

Application of a MOU• RFMOs

• Port States not parties to RFMOs

• Cooperation Agreements between RFMOs

Activities/Fishing Areas

• Contracting Party (CP) of a RFMO in the Regulatory Area (RA)

• A non-CP of a RFMO in the RA

Activities/Fishing Areas(continued)

• A CP of a RFMO in waters under national jurisdiction of a CP

• A non-CP of a RFMO in waters under national jurisdiction

Content of a possible MOU

• Scope

• Prior notice of port access

• Entry conditions/denial of port access

Content of a possible MOU(continued)

• Port inspections

• Actions

• Information

Recommendation

FAO Technical Consultation to Address Substantive Issues Relating to the Role of the Port State to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, Rome, 31 August –

2 September 2004