3.2 Catch Certification and Documentation Schemes
Illegally captured fish is likely to be more competitive in the market because it could
lower vessels’ operational costs. This leads to a condition that disproportionately
advantages IUU fishers at the expense of honest fishers. An IUU vessel list would
struggle to keep up with the rapidly changing identities of the IUU-listed vessels.
Many of the RFMOs IUU vessels lists are updated once over a relatively long period;
for example, SPRFMO only renews its list annually. Hence, a catch documentation
scheme can be a complementary tool to detect IUU-derived fish or fish products thus
allowing the competent authorities to respond appropriately to prevent the products
from entering the supply chain.
Tracing seafood supply chain requires a scheme that can pinpoint catch movement until it reaches the market. Catch certificate scheme needs to be distinguished
from a catch documentation scheme. The latter refers to the whole traceability
system, which documents all stages of the seafood supply chain from fisher to
consumer.
81 On the other hand, the former is a statement, which accompanies the
catch throughout the entire supply chain, even when it is in transit, transferred to
another vessel or processed, and issued according to the applicable standards and
procedures. The certificate will be supplied to the competent authorities of the port
State for verification. A catch certificate can be either in an electronic or paper form,
through an electronic system would make the verification process more time and cost
efficient.
Catch documentation and certification schemes are directly linked with port State
inspections and control of fishing vessels seeking access to its ports. In principle,
UNCLOS expects all vessels seeking entry to a port to comply with the coastal
State’s law, including if it relates to “the landing of all or any part of the catch by
such vessels in the ports of the coastal State.”
82 Whereas the Port State Measures
Agreement further enables a port State to deny entry of vessels engaged in IUU
fishing or fishing-related activities in support of IUU fishing, or allow their entry for
the purpose of inspections and other appropriate actions.
83 Ensuring that only
legitimate vessels can land or tranship catch in a coastal State’s port will create
lower market costs to legitimate vessels and at the same increase the costs for IUU
vessels.
These catch certification and documentation schemes are consistent with the FAO
Code of Conduct, which explicitly calls for improvement of identification of the
origin of fish and fishery products traded.
84 This principle is further specified in the
IPOA-IUU, which encourages the adoption of catch documentation and certification
requirements as well as steps to improve market transparency to allow the
81 Palma et al. (2010), p. 189.
82 Ibid.; Art. 62 para. 4(h).
83 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and
Unregulated Fishing (2009), Art. 9(1).
84 Code of Conduct for Responsible Fisheries, para. 11.1.11.
7 Market-Based Measures Against Illegal, Unreported and Unregulated Fishing in. . .
133
Illegally captured fish is likely to be more competitive in the market because it could
lower vessels’ operational costs. This leads to a condition that disproportionately
advantages IUU fishers at the expense of honest fishers. An IUU vessel list would
struggle to keep up with the rapidly changing identities of the IUU-listed vessels.
Many of the RFMOs IUU vessels lists are updated once over a relatively long period;
for example, SPRFMO only renews its list annually. Hence, a catch documentation
scheme can be a complementary tool to detect IUU-derived fish or fish products thus
allowing the competent authorities to respond appropriately to prevent the products
from entering the supply chain.
Tracing seafood supply chain requires a scheme that can pinpoint catch movement until it reaches the market. Catch certificate scheme needs to be distinguished
from a catch documentation scheme. The latter refers to the whole traceability
system, which documents all stages of the seafood supply chain from fisher to
consumer.
81 On the other hand, the former is a statement, which accompanies the
catch throughout the entire supply chain, even when it is in transit, transferred to
another vessel or processed, and issued according to the applicable standards and
procedures. The certificate will be supplied to the competent authorities of the port
State for verification. A catch certificate can be either in an electronic or paper form,
through an electronic system would make the verification process more time and cost
efficient.
Catch documentation and certification schemes are directly linked with port State
inspections and control of fishing vessels seeking access to its ports. In principle,
UNCLOS expects all vessels seeking entry to a port to comply with the coastal
State’s law, including if it relates to “the landing of all or any part of the catch by
such vessels in the ports of the coastal State.”
82 Whereas the Port State Measures
Agreement further enables a port State to deny entry of vessels engaged in IUU
fishing or fishing-related activities in support of IUU fishing, or allow their entry for
the purpose of inspections and other appropriate actions.
83 Ensuring that only
legitimate vessels can land or tranship catch in a coastal State’s port will create
lower market costs to legitimate vessels and at the same increase the costs for IUU
vessels.
These catch certification and documentation schemes are consistent with the FAO
Code of Conduct, which explicitly calls for improvement of identification of the
origin of fish and fishery products traded.
84 This principle is further specified in the
IPOA-IUU, which encourages the adoption of catch documentation and certification
requirements as well as steps to improve market transparency to allow the
81 Palma et al. (2010), p. 189.
82 Ibid.; Art. 62 para. 4(h).
83 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and
Unregulated Fishing (2009), Art. 9(1).
84 Code of Conduct for Responsible Fisheries, para. 11.1.11.
7 Market-Based Measures Against Illegal, Unreported and Unregulated Fishing in. . .
133