1995 was adopted in Resolution 4/95 by the FAO Conference on 31 October 1995.
25
The purpose of this Code is explained as follows: “to set international standards of
behavior for responsible practices with a view to ensuring the effective conservation,
management and development of living aquatic resources, with due respect for the
ecosystem and biodiversity.”
26 It provides the framework for the activities under the
auspices of FAO and, under this, the FAO Committee on Fisheries (COFI) adopted
the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported
and Unregulated Fishing (IPOA-IUU) on 2 March 2001.
27 The COFI further
adopted the Voluntary Guidelines for Flag State Performance (VGFSP) in its
thirty-first session in June 2014,
28 and the Voluntary Guidelines for Catch Documentation Schemes (VGCDS) was the adopted in its fortieth session in July 2017.
29
It should also be noted that the FAO has contributed to the establishment and the
effective function of the regional organizations for the CMFS, hereafter referred to as
RFMOs and the regional arrangements for the CMFS, hereafter referred to as
RFMAs.
30
The International Maritime Organization (IMO) has expressed its concern about
the IUU fishing in light of the flag State’s control of fishing vessels. The 2012 Cape
Town Agreement was adopted in the Diplomatic Conference on 11 October 2012. It
is explained that while this agreement is aimed at facilitating better control of fishing
vessel safety, it is expected to contribute to the fight against IUU fishing.
31
The UN Commission on Sustainable Development, which met in April 1999,
highlighted the issue of flag and port State responsibilities and the need for the FAO
and IMO to cooperate on solving problems relating to IUU fishing. These organizations agreed to establish the Joint FAO/IMO Ad Hoc Working Group on IUU
Fishing and Related Matters (JWG) in October 2000. The JWG convened three
sessions and published a report in 2000, 2007, and 2015, respectively.
32 This may
constitute the good practice for the coordination of the activities of international
organizations whose purposes are different but closely related in certain aspects.
These developments of universal rules and mechanisms since the 1980s are
significant but their actual implementation cannot be realized without the development
of regional mechanisms responding to the wide variation in the nature and
25 The Code was adopted on 31 October 1995. The text of the Code is available at http://www.fao.
org/3/v9878e/V9878E.pdf.
26 See Ibid, Introduction.
27 The text is available at http://www.fao.org/3/a-y1224e.pdf.
28 The text is available at http://www.fao.org/3/a-i4577t.pdf.
29 The text is available at http://www.fao.org/3/a-i8076e.pdf.
30 See http://www.fao.org/fishery/topic/16918/en.
31 Agreement on the Implementation of the Provisions of Torremolinos Protocol of 1993 relating to
the Torremolinos International Convention for the Safety of Fishing Vessels, 1977; see https://
www.imo.org/en/About/Conventions/ListOfConventions/Pages/The-Torremolinos-InternationalConvention-for-the-Safety-of-Fishing-Vessels.aspx.
32 The activities of JWG are briefly illustrated and the reports of the sessions are available at http://
www.fao.org/iuu-fishing/tools-and-initiatives/joint-working-group-on-iuu-fishing/en/.
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