Link to text of agreement
Status of agreement

The International Plan of Action to prevent, deter and eliminate illegal, unreported and unregulated fishing (IPOA-IUU) was adopted at the 24th Session of the FAO's Committee on Fisheries (COFI) in March 2001. It was the fourth such plan to be concluded within the framework of the Code of Conduct for Responsible Fisheries, with earlier IPOAs already having been concluded dealing with reducing incidental catches of seabirds in longline fisheries; the conservation and management of sharks; and the management of fishing capacity. The IPOA-IUU is arguably the most important, because it is more comprehensive than the earlier IPOAs, deals with a wider-range of matters and attempts to deal with one of the central problems in fisheries management.

The IPOA-IUU, like the other IPOAs, is a voluntary instrument and is designed to be a practical and action oriented “toolbox” of measures to deal with IUU fishing.[*] The IPOA has as its objectives the prevention, deterrence and elimination of all elements of IUU fishing, both in waters under national jurisdiction and those beyond, by providing all States with comprehensive, effective and transparent measures by which to act, either directly or through appropriate regional fisheries organizations. The IPOA is based on four main sections or areas of action: flag State responsibilities; coastal State measures; port State measures; and internationally agreed market-related measures. In addition, there are sections dealing with, inter alia, general obligations on all States, the role of regional fisheries organizations, the position of developing States, research and the role of FAO. The IPOA also sets out a number of provisions applying to all States, including provisions dealing with State control over nationals; sanctions; and various provisions relating to monitoring, control and surveillance (MCS).

As regards flag States, the basic aim of the IPOA is to ensure that flag States do not allow their fishing, transport and support vessels to engage in or support IUU fishing. States are also urged to ensure that fishing vessels are registered, that records of fishing vessels are maintained, that proper authorizations to fish are issued and that no fishing takes place unless such authorizations have, in fact, been issued.

As regards coastal States, the IPOA contains one general paragraph urging coastal States to implement measures to deter IUU fishing in their EEZs. The IPOA then lists a number of measures that the coastal State "should consider", including effective monitoring, control and surveillance; cooperation and exchange of information with other States and RFOs; ensuring vessels have the necessary authorization to fish; ensuring that at-sea transshipment and processing are authorized or conducted lawfully; and avoiding the licensing of vessels which have a history of IUU fishing.

Measures concerning port State control in the IPOA include ascertaining whether vessels have the necessary authorization to fish and collecting details on the fishing trip prior to permitting a vessel access to the port. The IPOA also provides for the collection and exchange of information among States and for the flag State to be contacted if there are reasonable grounds for suspecting that a vessel had been engaged in IUU fishing in areas beyond the jurisdiction of the port State.

The foundation of the IPOA's approach to market-related measures, which is the most controversial aspect of the IPOA, is that such measures should be agreed on an international basis (i.e. multilaterally), should be consistent with international law and World Trade Organization (WTO) rules and should be implemented in a fair, transparent and non-discriminatory manner. The IPOA also emphasizes that trade-related measures should only be used in exceptional circumstances, where other measures have proven unsuccessful to prevent, deter and eliminate IUU fishing, and also only after prior consultation with interested States. Two particular components of this section are worthy of specific mention. First, the IPOA foresees the development of standardized multilateral catch documentation and certification requirements, including by the development of electronic schemes designed to reduce opportunities for fraud and avoid unnecessary burdens on trade, as well as other measures such as import and export controls and prohibitions. Secondly, the IPOA also calls on governments to make banks, insurers, importers, suppliers and other related sectors aware of the detrimental effects of doing business with vessels identified as engaged in IUU fishing and to consider measures to deter such business, including possibly making it illegal to conduct such business or to trade in fish or fish products derived from IUU fishing.

In addition to the main sections described above, there are a number of other sections dealing with various matters. In particular, the pivotal role of regional fisheries organizations is recognized in the IPOA. Thus, States are encouraged to act through regional mechanisms to develop innovative ways to combat IUU fishing. Suggested activities include, inter alia, institutional strengthening, the development of observer programmes and the examination of charter arrangements, where there is a concern that such arrangements may result in IUU fishing. There is also a single paragraph section dealing with scientific research on methods of identifying fish species from samples of processed products and a section dealing with the special requirements of developing States. As regards the latter, it should be noted that while the developing States at the Technical Consultations generally supported the adoption of the IPOA, many expressed their concern that they would encounter serious constraints in implementing the IPOA if assistance from FAO and the international donor community was not forthcoming.

Note
IUU fishing is defined in the IPOA as follows:

Illegal fishing refers to activities: (1) conducted by national or foreign vessels in waters under the jurisdiction of a State, without the permission of that State, or in contravention of its laws and regulations; (2) conducted by vessels flying the flag of States that are parties to a relevant regional fisheries management organization but operate in contravention of the conservation and management measures adopted by that organization and by which the States are bound, or relevant provisions of the applicable international law; or (3) in violation of national laws or international obligations, including those undertaken by cooperating States to a relevant regional fisheries management organization.

Unreported fishing refers to fishing activities: (1) which have not been reported, or have been misreported, to the relevant national authority, in contravention of national laws and regulations; or (2) undertaken in the area of competence of a relevant regional fisheries management organization which have not been reported or have been misreported, in contravention of the reporting procedures of that organization.

Unregulated fishing refers to fishing activities: (1) in the area of application of a relevant regional fisheries management organization that are conducted by vessels without nationality, or by those flying the flag of a State not party to that organization, or by a fishing entity, in a manner that is not consistent with or contravenes the conservation and management measures of that organization; or (2) in areas or for fish stocks in relation to which there are no applicable conservation or management measures and where such fishing activities are conducted in a manner inconsistent with State responsibilities for the conservation of living marine resources under international law. BACK

 - Internet sources

FAO International Plans of Action: www.fao.org/fi/ipa/ipae.asp  

Report of and papers presented at the Expert Consultation on Illegal, Unreported and Unregulated Fishing
FAO Fisheries Report No. 666, (Rome: FAO, 2000)

Report of the Technical Consultation on Illegal, Unreported and Unregulated Fishing
FAO Fisheries Report No. 634, (Rome: FAO, 2000)

Report of the Second Technical Consultation on Illegal, Unreported and Unregulated Fishing
FAO Fisheries Report No. 646, (Rome: FAO, 2001)

Stopping Illegal, Unreported and Unregulated Fishing
FAO non-serial publication, 2002 

 - Bibliographic references

 - Related instruments

Internet Guide to International Fisheries Law
Created by Christopher Hedley
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