Leaflet

The costs and benefits of being a flag State

The Western Indian Ocean has rich marine resources that attract around 500 commercial fishing vessels, mainly to catch tuna that will be consumed in Europe, Asia or America. Most of the vessels fishing in the region are foreign flagged.

While all the coastal States of the region have a history of fishing, none has developed home grown industrial fishing fleets. However, recent interest in blue growth has encouraged authorities to embark on a route of fleet development through the flagging of foreign-owned or controlled fishing vessels. Today, around 20 per cent of the vessels fishing for tuna and other large pelagic species in the Western Indian Ocean – about 90 fishing vessels – are flagged by regional coastal States.

Flag States play a critical role in controlling and monitoring the activity of their flagged fishing vessels and, given the high levels of non-compliance found during FISH-i investigations into illegal fishing, there is a significant opportunity for flag States of the Western Indian Ocean to help stop illegal fishing. In accordance with the ‘FAO Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas’, no State should authorise any fishing vessel to fly its flag unless it is satisfied that it is able to effectively exercise its responsibilities under the Agreement in respect of that fishing vessel. The flag State is required to exercise effective control over their vessels to ensure that they operate legally, both within their national jurisdiction and in areas beyond national jurisdiction.

To achieve this, the flag State should: for all areas where the vessel sails, require licences and authorisations, information, records, reports and compliance with legislation and/or international conservation and management measures.

Countries that operate an open registry, that permit registration of foreign-owned and operated vessels where the vessel owners do not have assets in the flag State are especially attractive to illegal operators as the flag State holds no effective means of recovering costs or applying sanctions.

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How to be a responsible flag State

The role and responsibilities of flag States are established in various legally binding international agreements and form the basis of the FAO Voluntary Guidelines on Flag State Performance that require the flag State to:

• Act in accordance with international law with respect to flag State duties
• Respect national sovereignty and coastal State rights
• Prevent, deter and eliminate IUU fishing or fishing related activities in support of such fishing
• Effectively exercise its jurisdiction and control over vessels flying its flag
• Take measures to ensure that persons subject to its jurisdiction, including owners and operators of vessels flying its flag, do not support or engage in IUU fishing or fishing related activities in support of such fishing
• Ensure the conservation and sustainable use of living marine resources
• Take effective action against non-compliance by vessels flying its flag
• Discharge its duty to cooperate in accordance with international law
• Exchange information and coordinate activities among relevant national agencies
• Exchange information with other States and give mutual legal assistance in investigation and judicial proceedings, as required by their respective international obligations
• Recognise the special interests of developing States, in particular the least developed among them and small island developing States, and to cooperate to enhance their abilities as flag States including through capacity development

Additionally, the Guidelines have two Schedules, the first details possible conditions for authorisation such as mandatory VMS, catch reporting and observer coverage, and the second covers the various ways the flag State may conduct MCS.

All eight FISH-i Africa countries are members of the Indian Ocean Tuna Commission (IOTC), therefore implementation of the IOTC Resolutions form a significant part of flag State responsibilities of FISH-i members. Key obligations include:

• Monitoring vessels using a VMS
• Reporting catch data
• Investigating and taking enforcement action against IUU activity
• Ensuring that vessel owners are citizens or legal entities within the flag State so that any control or punitive actions can be effectively taken against them
• Having an observer present to oversee at sea transhipment
• Prohibiting use of artificial lights or the use of aircrafts or drones in fishing activity
• Investigating reports of IUU fishing and taking enforcement action
• Denying licences to vessels involved in IUU fishing activities

Complying with specific regulations relating to sharks, cetaceans, turtles and seabirds.