This article explains the provisions of national legislation that must be taken into account when implementing specific compliance and enforcement measures and which are made possible by support provisions such as interpretation, institutions, evidence and jurisdiction. In the absence of such provisions, there can be no respect and implementation, and without a regular review of these provisions in order to adapt to the changing characteristics of the ININ fishery and the means to combat it, compliance and enforcement of these rules are in arreay. The term “illegal, unreported and unregulated fishing “INN” was first used in 1997 by the Commission for the Conservation of Antarctic Wildlife and the Sea (CCAMLR) to measure the extent of uncontrolled fishing in the Southern Ocean and the urgency of combating it. Members agreed that the situation required joint efforts within CCAMLR, actions taken by flag states and coastal states, and measures for non-contracting parties to improve enforcement and compliance with conservation and management measures (CCMs). See “Lacey Act,” US Fish – Wildlife Service, International Affairs, www.fws.gov/international/laws-treaties-agreements/us-conservation-laws/lacey-act.html. In addition to the status and value of stocks, changes in INT fishing are determined by several key factors. One of these is the continuous technological evolution enjoyed by INN fishermen, such as improved satellite fish research, equipment and vessel capacity. The above factors affect the characteristics of the INT fishery and also serve as the basis for many compliance and enforcement measures. Such measures require a sound legal and procedural basis at all levels, internationally, regionally and nationally.
This article describes existing international instruments, regional policy trends and – most importantly for implementation – forward-looking provisions to be considered for national legislation. Legislation, in turn, is the basis of operational procedures and technical/technical measures. Over the past two decades, the international community has made great strides in developing instruments for the respect and application of INT fishing. One of the challenges we face is to stay ahead of the changing characteristics of INT fishing and to ensure that innovative measures and instruments to manage them are activated at the regional level and anchored in national legislation and processes. The agreement to promote compliance with international conservation and management measures by deep-sea fishing vessels aims to strengthen the role of flag states and to ensure that a state strengthens its control over its vessels to ensure compliance with international conservation and management measures. AUDITs of ORPs` performance continue to make recommendations to strengthen compliance and implementation. See Mr. Ceo et al., Performance Reviews by Regional Fishery Bodies: Introduction, Summaries, Synthesis and Best Practices, Volume I, FAO Fisheries and Aquaculture Circular. No. 1072 (Rome: FAO, 2012). The status of the compliance agreement is available here and the agreement itself is available here.