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The Impracticability Exemption to the WCPFC's Prohibition on Transshipment on the High Seas

The international community has sought to limit or ban-transshipment at sea due to the difficulty it poses in monitoring IUU fishing and controlling its effects. The WCPFC has banned purse seine vessels operating within the WCPFC Convention Area; however, for longliners and other vessels, the WCPFC merely encourages them to conduct transshipment at sea to the extent practicable. Despite proper infrastructure at port, a precedent of other vessels conducting transshipment at port, and insignificant costs, CCMs have used the "impracticability" test to continue transshipping at sea. This paper proposes replacing the "impracticability" test with bright-line rules to put an end to CCMs' patterns of transshipment at sea.

Potential Ecological and Social Benefits of a Moratorium on Transshipment on the High Seas

RFMOs have the role of managing fisheries on the high seas. However, they have been under scrutiny before in their conservation of fish and monitoring and enforcing legislation. With transshipment at high seas becoming an increasingly salient issue, strong RFMO enforcement is ever more needed. This study examined all RFMOs' regulations and gave them a score on stringency. While RFMOs have not become less stringent since the late 1990s, the study concludes that a moratorium on transshipment at sea is needed to alleviate the lack of comprehensive monitoring, control, and surveillance.

Observer Reporting of Transshipments in WCPFC

The Western and Central Pacific Fisheries Commission (WCPFC) manages fishing activity in the Western and Central Pacific Oceans, one of the largest areas in the world and one of the most valuable fisheries in the world. However, their ability to enforce transshipment rules to prevent IUU fishing is severely lacking due to insufficient funds and resources, specifically when it comes to onboard observers. The observers have failed at monitoring the activities of both the fishing vessel and carrier vessel during transshipment and reporting that information for independent verification. By adopting rules already in use by other t-RFMOs, the WCPF can significantly improve its current transshipment regime.

Legal Opinion on Transshipment in Ghana

Through examination of Ghana's Fisheries Act of 2002 and Fisheries Regulation of 2010, the TaylorCrabbe Initiative seeks to answer what the legal status of Transshipment in Ghana is and if the Minister for Fisheries and Aquaculture Development can allow transshipment at sea from industrial trawlers to canoes. Under their legal reasoning, they find that no act has allowed the transshipment of fish from local trawlers to canoes. The Fisheries Commission or Council can authorize forms of transshipment, but not the Minister. Unless the transshipment has been approved and properly supervised, transshipment in Ghana is illegal.

Best Practices for Transshipment - Global Reforms to Policies for Transferring Catch at Sea would Help Combat Illegal Fishing

The inadequate regulatory control and monitoring of transshipment, especially at sea, create gaps that enable illicit activity. Recognizing this inadequacy and its consequences, the Pew Charitable Trusts calls for a ban on transshipment until best practices are implemented. They outline multiple best practices across three categories, reporting, monitoring, and data-sharing. By implementing these practices, all parties can be assured that adequate guidelines are in place to make transshipment a more effective and safe practice, not contributing to IUU fishing.

The PSMA Implementation Toolkit - Pew

The UN adopted the Port State Measures Agreement (PMSA) in 2009 to stop the use of ports by IUU fishing and support vessels. However cost-effective they are, in many countries, particularly developing countries, a comprehensive set of tools is needed to support the practical implementation of the Agreement. To achieve this, the Pew Environmental Group developed the PMSA Toolkit, a resource that aims to help developing countries identify their capacity needs, provide them with key information, and guide them through the most technical and detailed elements of the Agreement.

Ports Task Force Ghana

The Ports Task Force Ghana (PTFG) is working diligently to implement the National Strategy and Action Plan for the implementation of the 2009 FAO Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing and complimentary international instruments and mechanisms. They have identified the threats of allowing IUU fishing to move through their ports for what it does to local fisheries, the economy, and the country's people. Through a detailed course of action and various partnerships, PTFG will work to bring an end to vessels suspected of participating in IUU from entering Ghana's ports.

Keeping Illegally Caught Fish Out of African Ports

IUU fishing contributes to the over-exploitation of natural fisheries resources and is detrimental to coastal communities' quality of life. IUU fishing has targeted African ports, which are at particularly great harm from the practice. To deter IUU fishing, the Port State Measure Agreement (PMSA) came into force to enable port officials to deny foreign vessels access to their port and services such as refueling and repairs if suspected of illegal activities. However, Stop Illegal Fishing recognizes the agreement itself is not enough. With the support of others, they will work to implement the PMSA in African countries through a holistic approach that requires looking at legal and policy issues, compliance and enforcement, and cooperation and awareness.

A Capacity Needs Assessment Methodology - Building Capacity to Close Ports to Illegal Fishing Vessels and their Support Vessels - Pew

The UN's ambitious PMSA intends to stop IUU vessels from entering port and ensure that vessels are complying with conservation and management measures, among other responsibilities. However, developing nations were concerned about the resources required to build this capacity. In response, the PEW Environment group is working to create a Capacity Needs Assessment (CNA) methodology, a tool states can use to find a personalized strategy in implanting the PSMA. The PMSA capacity building needs run the risk of being unfeasible for developing nations, but this CNA methodology provides a clear and accessible tool for bridging this divide.

Stop Illegal Fishing 2019 Annual Report

Stop Illegal Fishing's (SIF) mission is to combat IUU fishing, particularly in coastal African countries. To complete this goal, SIF has partnered with multiple African fisheries to implement the Port State Measure Agreement. SIF has a robust system to recognize and take action against illegally caught fish and illegal vessels (a check, inspect, and act process), which they are now developing into standard operating procedures (SOPs) that they train on the ground. They have also aided multiple task forces around Africa which translate into greater regional and international cooperation. Through their work in 2019, SIF is helping achieve a more equitable and effective blue economy.