Flag of convenience (FOC) vessels are fishing vessels re-flagged to non-member States of regional fisheries management organizations in order to avoid compliance with or to undermine international fisheries conservation and management measures. More than 300 vessels of such character have been identified and recognized as one of the major threats to the sustainable use of marine fisheries resources. Products from FOC vessels also compete with seafood products harvested by legitimate fishing operations. Since FOC vessels are not paying necessary costs for management, their products are cheaper and have advantages over legitimate products in the market. Furthermore, FOC vessels are competing with legitimate fishing vessels over the share of fishing grounds.

The FOC problems have been the subject of serious discussions by international organizations including the UN Food and Agriculture Organization (FAO), APEC, and many regional fisheries management organizations. Their recommendations include:

• Collection of Information, Monitoring

• Restriction/ Prohibition of Vessels Transfer

• Restriction/ Prohibition of Transfer of Expertise and Capital

• Political and Diplomatic Pressures

• Trade Related Measure

• Other Discouragements (port call, transshipment)

• Consumer Education

• Other Market Measures (labelling)

This demonstrates that a comprehensive approach is needed to handle the issue of FOC. The same can be said for all the issues of conservation and management of marine fisheries resources. Therefore, listing fishery resources in Appendices of CITES, which deals with international trade only, is not effective and not appropriate.

1) What is Flag of Convenience (FOC)? Fishing vessels reflagged to non-member States of Regional Fisheries Management Organizations in order to avoid compliance with or to undermine international fisheries conservation and management measures. More than 300 identified.

2) Problems. Resource conservation and management; market competition; fisheries competition.

3) Actions by International Organizations. The Rome Declaration on the Implementation of the Code of Conduct for Responsible Fisheries (paragraph (j), March 1999). Resolution by ICCAT concerning the Unreported and Unregulated Catches of Tunas by Large Scale Longline Vessels in the Convention Area (1998). Recommendations by the Ad-hoc Workshop of the APEC Fisheries Working Group on Fisheries Management to the APEC Fisheries Working Group on the Issue of Flag of Convenience Fishing Vessels (July, 1999). Recommendation concerning Registration and Exchange of Information on Vessels, including Flag of Convenience Vessels, Fishing for Tropical Tunas in the IOTC Area of Competence (December 1998). Resolution on Catches of Southern Bluefin Tuna by Flag of Convenience Fishing Vessels (1999)

4) What can be done ? · Collection of information, monitoring · Restriction/prohibition of vessels transfer · Restriction/prohibition of transfer of expertise and capital · Political and diplomatic pressures · Trade related measure · Other discouragements (port call, transshipment) · Consumer education · Other market measures (labelling).