Projects
Evaluating Flag State Performance
High Seas Task Force on IUU Fishing

OceanLaw Consultants provided programme support to the High Seas Task Force on IUU Fishing (HSTF) which included developing research plans for evaluations concerning port State and flag State controls; contributing to a workshop (and the publication of an accompanying Task Force background paper); and carrying out an evaluation of flag State performance (by developing a methodology to assess flag State performance in addressing IUU fishing and carrying out an indicative evaluation using that methodology). The evaluation also informed the Task Force's final report.

The general aim of the guidelines developed  by OceanLaw, and as conceived by the Task Force, was to establish an objective list of the responsibilities that those involved in the high seas fishing industry, including States, regional fisheries management organizations (RFMOs), fishers and consumers, might reasonably expect of flag States in respect of their fishing vessels. The guidelines were to seek to elaborate a set of basic criteria by which the most fundamental elements of flag State performance could be assessed with two main purposes:

(1) to evaluate the performance of individual flag States against a range of basic indicators relevant to IUU fishing on the high seas; and

(2) to give publicity to those that fall short of desirable standards.

Part I, of the report contains introductory guidance and outlines the background and scope of the guidelines, and describes the criteria used in the analysis.

Part II presents the results of the analysis in table form for more than 150 coastal / flag States. Against each assessment criterion, possible negative performance by a coastal State is indicated by means of a black dot. This is not designed as a definitive evaluation of flag State performance, but rather a prototype to promote further discussion, evaluation and development.

Part III presents the detailed results of the research which contributed to the evaluation, along with the methodology used to conduct the research, and may be read in conjunction with either Part I or Part II.

OceanLaw also produced a background paper, written by Andrew Serdy - HSTF/11 Introduction to the Draft Criteria for Flag State Assessment - which was produced as background material for a workshop of invited experts and representatives of HSTF members held in Paris in September 2005. The paper outlines the legal, practical and other issues related to flag State duties (section 2) and proposes, and discusses, potential criteria for assessment (section 3).

Andrew Serdy presented the results of the OceanLaw study to the Chatham House Update and Stakeholder Consultation Meeting on IUU Fishing, a follow-up to the High Seas Task Force organized by Chatham House in May 2006 (click here to view presentation).

Evaluating Flag State Performance: Parts I and II
Evaluating Flag State Performance: Parts III
HSTF/11: Introduction to the Draft Criteria for Flag State Assessment
 
Chatham House Presentation
Report of the Chatham House Update and Stakeholder Consultation

Closing the Net: Final Report of the High Seas Task Force
High Seas Task Force Website

  Back to Projects homepage