IPOA-IUUInternational Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing
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2010, at 263 (noting voluntary nature of IPOA-IUU has deleterious effect on IPOA-IUU's potency and recommending further action).
The objective of the IPOA-IUU as set out in Part III is to prevent, deter and eliminate IUU fishing by providing all States with comprehensive, effective and transparent measures by which to act, including through appropriate RFMOs established in accordance with international law.
The IPOA-IUU clearly sets out the responsibilities of all States, flag States, coastal States, port States and market States to effectively address IUU fishing.
The basic responsibilities of flag States are provided in paragraphs 34-50 of the IPOA-IUU.
Paragraph 34 of the IPOA-IUU requires States to ensure that fishing vessels flying their flags do not engage in or support IUU fishing activities.
In line with Article III(5) of the FAO Compliance Agreement, paragraph 36 of the IPOA-IUU requires flag States to avoid flagging vessels with a history of IUU fishing.
111) In this regard, it is important to note paragraphs 38 and 39 of the IPOA-IUU which deal with the matters of deterrence of re-flagging and flag hopping.
115) To overcome this problem, paragraph 40 of the IPOA-IUU encourages flag States to ensure that appropriate links exist between the operation of their vessel registries and the records those vessels keep for their fishing vessels.
Consistent with these international fisheries instruments, paragraph 42 of the IPOA-IUU imposes obligations on flag States to maintain a record of fishing vessels entitled to fly their flags.
In the context of national legislation, Australia has implemented the provision contained in the 1993 FAO Compliance Agreement and the IPOA-IUU through the Shipping Registration Act 1981 (Cth) and the Fisheries Management Act 1991 (Cth).
120) Paragraph 44 of the IPOA-IUU urges States to adopt measures to ensure that no vessel is allowed to fish without proper authorisation.