Rome Declaration Rome Declaration on the implementation of the Code of Conduct for Responsible Fisheries. Amended by the Agreement to Amend the Southern African Development Community (Windhoek) Treaty dated 1 January 2001. Laws relating to the high seas have evolved from its two traditional uses, viz.
19 1958 Convention on Fisheries and Conservation of the Living Resources of the High Seas (Geneva) 29 April 1958. 75 Plan of Implementation of the World Summit on Sustainable Development (Johannesburg) 4 September 2002 (Johannesburg Plan of Implementation). Having reviewed NJUU fishing and the importance of the prevention principle and the ecosystem approach, the next chapter will examine in more detail the meaning, causes and effects of NJUU fishing.
IUU FISHING: THE MEANING, CAUSES AND EFFECTS
100 SADC 'Study and Analysis of the Status of Illegal, Unreported and Unregulated Fishing in the SADC Region and Economic, Social and Biological Impact Assessment' (n 98) at 34. There is very little information on the extent of illegal, unreported and unregulated fishing in the SADC region. 140 SADC 'Study and Analysis of the Status of Illegal, Unreported and Unregulated Fishing in the SADC Region and Economic, Social and Biological Impact Assessment' (n 98) at 6.
153 SADC 'Study and analysis of the status of IUU fishing in the SADC region and an estimate of the economic social and biological impact' (n 98) at 38.
IUU FISHING IN THE CONTEXT OF INTERNATIONAL LEGAL INSTRUMENTS
However, it is important that UNCLOS lays the foundation for the establishment of fisheries organizations on the high seas.174 RFMOs can play an important role in dealing with IUU fishing and will be addressed in Chapter 4. Port states should establish procedures in their national legislation to achieve the objective of the Code of Conduct and to assist other States in achieving those objectives.204 Port States should also assist flag States that request assistance in relation to the non-compliance of their flag vessels with conservation and management measures.205 The vague and ambiguous Port State Declaration measures in the Code of Conduct are unfortunate given the value of these measures in combating IUU fishing. All fish caught at sea must be landed and effective controls in ports can be used to detect and enforce IUU fishing.206 However, stronger port state measures are provided for in the IPOA-IUU and in the PSMA.
206 Swan J 'Port State Measures to Combat IUU Fishing: International and Regional Developments' Law and Policy for Sustainable Development at 38. Of the SADC coastal states, the DRC, Mauritius and South Africa are listed by the International Chamber of Shipping as flag states.236 According to IPOA-IUU calls on flag states to ensure that their flag vessels do not participate in or support IUU fishing. The IPOA-IUU also recommends port state measures that strengthen the measures in the Compliance Agreement, the Fish Stocks Agreement and the Code of Conduct.250 First, states must ensure that their ports have the capacity to conduct inspections.251 This is an important requirement, since a state's ability to do so will determine its ability to implement measures against IUU fishing.
The IPOA-IUU emphasizes the role of RFMOs in tackling the problem of IUU fishing. It encourages states to comply with and enforce RFMO policies and measures regarding IUU fishing. States should also take advantage of the opportunities afforded by RFMOs to develop innovative measures to combat IUU fishing263.
In conclusion, while much of the IPOA-IUU replicates the provisions of the Compliance Agreement, the Fish Stock Agreement and the Code of Conduct, it achieves a renewed focus on efforts to address IUU fishing. If a Participating Port State has sufficient evidence of a vessel's IUU fishing, it must deny the vessel access to port.
THE ROLE OF REGIONAL FISHERIES MANAGEMENT ORGANISATIONS IN COMBATING IUU FISHING
293 Established by the Final Act of the Conference on the Southern Indian Ocean Fisheries Agreement FAO (Rome) 7 July 2006. SIOFA is not a regional fisheries body, but a fisheries "agreement" as defined in Article 1(d) of fish stocks. The results of the inspection shall be transmitted to the ICCAT secretariat, for transmission to all ICCAT members and the flag State of the vessel.310.
One of the species under CCAMLR protection that is subject to intensive IUU fishing is the Patagonian toothfish (Dissostichus eleginoides).316 Reliance on flag states to control fishing vessels has proven inadequate in the CCAMLR Convention Area. has facilitated IUU fishing. An acceding state is a contracting party bound by the provisions of the CCAMLR Treaty, but is not a member of CCAMLR. IOTC was established in 1993 and is mandated to manage tuna and tuna-like species in the Indian Ocean and adjacent seas.328 Its area of responsibility includes both the high seas and the national waters of adjacent coastal states.
List of IUU vessels.334 IOTC Members and participating non-Contracting Parties must notify the Secretariat annually of all vessels suspected of having engaged in IUU fishing in the IOTC Convention Area, together with evidence of IUU activities. The objective of the SEAFO Convention is to "ensure the long-term conservation and sustainable use of fishing resources in the Convention Area...."336 The SEAFO Convention Area does not include any areas under the national jurisdiction of coastal states in the region. 337 Definition of 'fishery resources'. The SEAFO Convention requires the use of a precautionary approach and an ecosystem approach to the conservation and sustainable use of fishing resources.340 It also contains provisions for the duties of the flag state and the port state.
One of SWIOFC's basic aims is to promote application of the Code of Conduct, including the precautionary approach and the ecosystem approach to fisheries.370 This can therefore contribute significantly to combating IUU fishing in the Indian Ocean. 368 Swan J 'Harmonization of Fisheries Legislation and Assessment of the Implementation of Fisheries Management Plans and Rights based Management Plans in the South West Indian Ocean' South West Indian Ocean Fisheries Project (October 2012) at 4.
SADC INITIATIVES TO CURB IUU FISHING
In recognition of the importance of fisheries for the SADC region and to support international conventions for the sustainable use and protection of living aquatic resources and the aquatic environment, the Protocol on Fisheries (Protocol) was concluded.395 It entered into force in 2003.396. It aims to promote responsible and sustainable use of living aquatic resources and ecosystems in order to promote and improve food security and human health, ensure the livelihood of fishing communities, generate economic opportunities in the region, benefits for future generations to ensure and eradicate poverty.397 . In this context, it advocates a version of the ecosystem approach and the precautionary principle that is vague and confusing. Development of national Action Plans on IUU fishing which should form the basis of a regional plan of Action; the development of national and regional port state measures tailored to the needs of the SADC region; establishment of a task force to identify, in line with global initiatives, any further actions and measures that can be taken at regional level to combat IUU fishing.419.
417 Stop Illegal Fishing "Notes for the Development of an Action Plan for the Implementation of the SADC Declaration of Commitment on IUU Fishing" (April 2009). The goals of the SOC must be achieved through a plan of action that would be finalized by June 2009. The main purpose of the meeting was to discuss and develop a strategy for the establishment of the MCS centre.424 The priorities identified by the IUU task force were to assess the implementation of the SOC, to develop a financial sustainability plan and develop a Charter for the MCS Center and to train inspectors and observers on MCS compliance and enforcement.425 In October 2012, the SADC Secretariat organized a workshop for representatives. of all SADC states to discuss the process.
423 ACPFishII Program for the European Union 'Final Technical Report: Assessment Study for the Installation and Startup of the SADC MCS Regional Centre' 30 May 2011 at 8. 424 Stop Illegal Fishing “First meeting of the SADC IUU Task Force” Available at www.stopillegalfishing.com/sifnews_article.pho?ID=70. Given the objectives of the Protocol, SoC and Action Plan, the MCS Center could provide vital services to combat IUU such as:-429.
426 SADC Press Information Note '1. Workshop on Implementation of the SADC Declaration on IUU Fishing and Preparation of a Sustainability Plan for the SADC Regional Fisheries Monitoring Control and Monitoring Coordination Center in Windhoek, Namibia 16-17 October 2012' Available at http://acpfish2- eu.org/uploads/press%20releases/Press%20Information%20Note%20%20windhoel%2016-17%20oct-. 429 ACPFishII Program 'Final Technical Report: Assessment Study for the Installation and Startup of the SADC MCS Regional Centre' (n 423) at 14 to 17.
ASSESSMENT OF THE EFFECTIVENESS OF SADC MEASURES TO CURB IUU FISHING
This is perhaps the result of the need for consensus in the SADC treaty in the decision-making process. It commits to the establishment of the MCS Center to assist and support all the SADC coastal states. Nor does it deal with any of the other coastal state measures recommended by the IPOA-IUU.
All the SADC coastal states with an interest in the CCAMLR are either members of the Commission, an acceding state or implementing some of. Report of the regional workshop on port state measures to combat illegal, unreported and unregulated fishing Cape Town, South Africa, January 2008.' Available at. FAO 2002 Technical Guidelines for Responsible Fisheries 9 'Implementing the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing' Available at ftp.fao.org/docrep/fao/005/y3536e /y3536e00.
Stop Illegal Fishing 'Notes on the Development of an Action Plan for the Implementation of the SADC Declaration of Commitment to IUU Fishing.' (April 2009). Stop Illegal Fishing 'First meeting of the SADC IUU Working Group.' Available at www.stopillegalfishing.com/sifnews_article.php?ID=70. SADC "Study and Analysis of the Status of Illegal, Unreported and Unregulated Fishing in the SADC Region and Economic, Social and Biological Impact Assessment". Volume 2 - Main Report (May 2008).
National Oceanic & Atmospheric Administration 'Food and Agriculture Organization of the United Nations (FAO) Committee on Fisheries (COFI). European Commission MARE Newsroom 21 October 2013 ‘First Meeting of the Southern Indian Ocean Fisheries Agreement (SIOFA).’ Available at ACPFishII Program of the European Union 'Final Technical Report: Assessment Study for the Installation and Startup of the SADC MCS Regional Centre.' (May 30, 2011) Available at http://acpfish2-.
Benguela Current Commission 'The BCLME Programme.' Available at http://benguelacc.org/index.php/en/about/the-history-of-the-bcc/the-bclme- program.
