Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks

 

PART V
DUTIES OF THE FLAG STATE

Article 18
Duties of the flag State

1. A State whose vessels fish on the High Seas shall take such measures as may
be necessary to ensure that vessels flying its flag comply with subregional and
regional conservation and management measures and that such vessels do not
engage in any activity which undermines the effectiveness of such measures.

2. A State shall authorize the use of vessels flying its flag for fishing on the
High Seas only where it is able to exercise effectively its responsibilities in
respect of such vessels under the Convention and this Agreement.
[*1560] 3. Measures to be taken by a State in respect of vessels flying its
flag shall include:

(a) control of such vessels on the high seas by means of fishing licences,
authorizations or permits, in accordance with any applicable procedures agreed
at the subregional, regional or global level;

(b) establishment of regulations:

(i) to apply terms and conditions to the licence, authorization or permit
sufficient to fulfil any subregional, regional or global obligations of the flag
State;

(ii) to prohibit fishing on the high seas by vessels which are not duly licensed
or authorized to fish, or fishing on the high seas by vessels otherwise than in
accordance with the terms and conditions of a licence, authorization or permit;

(iii) to require vessels fishing on the high seas to carry the licence,
authorization or permit on board at all times and to produce it on demand for
inspection by a duly authorized person; and

(iv) to ensure that vessels flying its flag do not conduct unauthorized fishing
within areas under the national jurisdiction of other States;

(c) establishment of a national record of fishing vessels authorized to fish
on the high seas and provision of access to the information contained in that
record on request by directly interested States, taking into account any
national laws of the flag State regarding the release of such information;

(d) requirements for marking of fishing vessels and fishing gear for
identification in accordance with uniform and internationally recognizable
vessel and gear marking systems, such as the Food and Agriculture Organization
of the United Nations Standard Specifications for the Marking and Identification
of Fishing Vessels;

(e) requirements for recording and timely reporting of vessel position, catch
of target and non-target species, fishing effort and other relevant fisheries
data in accordance with subregional, regional and global standards for
collection of such data;

(f) requirements for verifying the catch of target and non-target species
through such means as observer programmes, inspection schemes, unloading
reports, supervision of transshipment and monitoring of landed catches and
market statistics;

(g) monitoring, control and surveillance of such vessels, their fishing
operations and related activities through, inter alia:

(i) the implementation of national inspection schemes and subregional and
regional schemes for cooperation in enforcement pursuant to articles 21 and 22,
including requirements for such vessels to permit access by duly authorized
inspectors from other States;

(ii) the implementation of national observer programmes and subregional and
regional observer programmes in which the flag State is a participant,
including requirements for such vessels to permit access by observers
from other States to carry out the functions agreed under the
programmes; and

(iii) the development and implementation of vessel monitoring systems,
including, as appropriate, satellite transmitter systems, in accordance with any
national programmes and those which have been subregionally, regionally or
globally agreed among the States concerned;

(h) regulation of transshipment on the high seas to ensure that the
effectiveness of conservation and management measures is not undermined; and

(i) regulation of fishing activities to ensure compliance with subregional,
regional or global measures, including those aimed at minimizing catches of
non-target species.

4. Where there is a subregionally, regionally or globally agreed system of
monitoring, control and surveillance in effect, States shall ensure that the
measures they impose on vessels flying their flag are compatible with that
system.

PART VI
COMPLIANCE AND ENFORCEMENT

Article 19
Compliance and enforcement by the flag State

1. A State shall ensure compliance by vessels flying its flag with subregional
and regional conservation and management measures for straddling fish stocks and
highly migratory fish stocks. To this end, that State shall:

(a) enforce such measures irrespective of where violations occur;

(b) investigate immediately and fully any alleged violation of subregional or
regional conservation and management measures, which may include the physical
inspection of the vessels concerned, and report promptly to the State alleging
the violation and the relevant subregional or regional organization or
arrangement on the progress and outcome of the investigation;

(c) require any vessel flying its flag to give information to the
investigating authority regarding vessel position, catches, fishing gear,
fishing operations and related activities in the area of an alleged violation;

(d) if satisfied that sufficient evidence is available in respect of an
alleged violation, refer the case to its authorities with a view to instituting
proceedings, without delay, in accordance with its laws and, where appropriate,
detain the vessel concerned; and

(e) ensure that, where it has been established, in accordance with its laws,
a vessel has been involved in the commission of a serious violation of such
measures, the vessel does not engage in fishing operations on the high seas
until such time as all outstanding sanctions imposed by the flag State in
respect of the violation have been complied with.
2. All investigations and judicial proceedings shall be carried out
expeditiously. Sanctions applicable in respect of violations shall be adequate
in severity to be effective in securing compliance and to discourage violations
wherever they occur and shall deprive offenders of the benefits accruing from
their illegal activities. Measures applicable in respect of masters and other
officers of fishing vessels shall include provisions which may permit, inter
alia, refusal, withdrawal or suspension of authorizations to serve as masters or
officers on such vessels.

Article 20
International cooperation in enforcement

1. States shall cooperate, either directly or through subregional or regional
fisheries management organizations or arrangements, to ensure compliance with
and enforcement of subregional and regional conservation and management measures
for straddling fish stocks and highly migratory fish stocks.

2. A flag State conducting an investigation of an alleged violation of
conservation and management measures for straddling fish stocks or highly
migratory fish stocks may request the assistance of any other State whose
cooperation may be useful in the conduct of that investigation. All States shall
endeavour to meet reasonable requests made by a flag State in connection with
such investigations.

3. A flag State may undertake such investigations directly, in cooperation with
other interested States or through the relevant subregional or regional
fisheries management organization or arrangement. Information on the progress
and outcome of the investigations shall be provided to all States having an
interest in, or affected by, the alleged violation.

4. States shall assist each other in identifying vessels reported to have
engaged in activities undermining the effectiveness of subregional, regional or
global conservation and management measures.

5. States shall, to the extent permitted by national laws and regulations,
establish arrangements for making available to prosecuting authorities in other
States evidence relating to alleged violations of such measures.

6. Where there are reasonable grounds for believing that a vessel on the high
seas has been engaged in unauthorized fishing within an area under the
jurisdiction of a coastal State, the flag State of that vessel, at the request
of the coastal State concerned, shall immediately and fully investigate the
matter. The flag State shall cooperate with the coastal State in taking
appropriate enforcement action in such cases and may authorize the relevant
authorities of the coastal State to board and inspect the vessel on the high
seas. This paragraph is without prejudice to article 111 of the Convention.

7. States Parties which are members of a subregional or regional fisheries
management organization or participants in a subregional or regional fisheries
management arrangement may take action in accordance with international law,
including through recourse to subregional or regional procedures established for
this purpose, to deter vessels which have engaged in activities that undermine
the effectiveness of or otherwise violate the conservation and management
measures established by that organization or arrangement from fishing on the
high seas in the subregion or region until such time as appropriate action is
taken by the flag State.

 

Author: international

Mentioned in these Entries

Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, High Seas.