Denial of Entry-catching illegal fishers

The Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (the Agreement)  entered into force on June 5, 2016.  The main purpose of the Agreement is to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing through the implementation of robust port State measures. The Agreement envisages that parties, in their capacities as port States, will apply the Agreement in an effective manner to foreign vessels when seeking entry to ports or while they are in port. …

The Agreement provides an opportunity for port States to check and verify that vessels not flying their flags and that seek permission to enter their ports, or that are already in their ports, have not engaged in IUU fishing.  The Agreement also enhances flag States control over vessels as the Agreement requires the flag State to take certain actions, at the request of the port State, or when vessels flying their flag are determined to have been involved in IUU fishing….

Furthermore, the Agreement’s seeks to prevent the occurrence of so-called ports of non-compliance (formerly known as ports of convenience). Countries operating ports of non compliance do not regulate effectively the fishing and fishing-related activities that take place in the ports, including determining whether IUU-caught fish are landed, transshipped, processed and sold in the ports. Ratifying and acceding to the Agreement and implementing its measures robustly will reduce the number of ports of non compliance and opportunities for vessels to dispose of IUU-caught fish with relative ease. Port state measures are a cost-effective tool in ensuring compliance with national law and regional conservation and management measures adopted by RFMOs. This is because port States do not have to expend time, effort and resources in monitoring, pursuing and inspecting vessels at sea. Port inspections and controls are very much cheaper and safer than alternative, more conventional air and surface compliance tools. Port State measures, if used in conjunction with catch documentation schemes, have the potential to be one of the most cost-effective and efficient means of combating IUU fishing.

The Agreement’s most potent effect in terms of its potential to curb IUU fishing is that through the implementation of its provisions, including those relating to denial of access to ports, port inspections, prohibition of landing, and detention and sanction, can prevent fish caught from IUU fishing activities from reaching national and international markets. By making it more difficult to market fish through the application of port State measures, the economic incentive to engage in IUU fishing is reduced. In addition, many countries have also decided to prohibit trade with countries that do not have port state measures in place.

Excerpt from Food and Agriculture Organization  FAO Website.

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