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§4. The control of vessels in ports as the important element of prevention NNN of fishing

One of the most effective means of counteraction NNN to a craft is the control of vessels in ports of the states. Under the fair statement Of this year Kargopolova, «under the international control over fishery in the World ocean it is possible to understand actions of international bodies and the state-participants of the agreement on fishery on revealing and elimination of infringements of conventional requirements, the legal lever directed on restriction of wrongful acts of fishing vessels, establishing conformity to their legal principles and norms of conventional fishery» [151]. General Assembly of the United Nations in the resolution 70/75 from December, 8th, 2015 Has confirmed the appeals in that the states took all necessary measures, soglasujushchiesja with the international law, not putting a damage to the state sovereignty over the ports located in its territory and not predetermining force-majeur or disaster situations, including prohibition to vessels to come into their ports with the subsequent notification of the corresponding state of a flag when are available obvious that certificate, that they are engaged or engaged NNN in fishing or supported to it or when they refuse to give the information or on an origin ulova, or about the permission on which basis has been made ulov.

International material and rules of procedure about the control of fishing vessels in ports are fixed in universal both regional contracts and recommendations corresponding RFMO.

International treaties about the control of trade vessels in ports.

The United Nations convention on a marine law of 1982

Formation of system of international legal norms of the control of vessels in ports has begun with acceptance of the Convention of the United Nations of 1982 In this Convention there is article 218 which is called «Maintenance of performance with the port states».

According to this article if the vessel voluntary is in one of ports or at one of coastal terminals of any state, this state can undertake investigation and when it is justified by proofs, to excite trial concerning any dump from the given vessel outside of inland waters, territorial sea or the exclusive economic area of this state in infringement of applicable international norms and the standards established through the competent international organisation or the general diplomatic conference.

When a vessel voluntary was in port or at the coastal terminal of any state, this state carries out, how much it is practically realizable, the request of any state for the investigation, the infringement connected with demand mentioned above which as it is possible to assume, has been made in inland waters, territorial sea or in the exclusive economic area of the state applying, or has caused or threatens to cause a damage to the specified spaces. It also carries out, how much it is practically realizable, the request of the state of a flag for investigation of such infringement irrespective of where infringement is made.

Materials of the investigation spent by the state of port, are transferred to the state of a flag or the coastal state under their request. Any trial begun by the state of port on the basis of such investigation, can be suspended at the desire of the coastal state if infringement is made in its inland waters, territorial sea or the exclusive economic area. Proofs and reports on business, and also any pledge or other financial maintenance left at the authorities of the state of port, are transferred in this case to the coastal state.

Such transfer excludes trial continuation in the port state.

Strictly speaking, given article does not provide the control of fishery vessels in foreign ports about the proof of realisation by them NNN a craft. However it contains main principles of such control, namely: the control and investigation are possible and when the vessel under the flag of other state voluntary is in foreign port; the port state under the initiative has the right to initiate trial concerning any infringement of the international norms and standards regarding dump of fouling substances in zones of national jurisdiction of any state; these standards should be established the competent international organisation; the port state is obliged at the desire of the flag state to excite infringement investigation irrespective of where infringement is made, i.e. in the exclusive economic areas of the foreign states, a continental shelf or in the high sea.

The agreement of Fao on measures of the state of port under the prevention, restraint and liquidation of an illegal, not informed and noncontrollable craft of 2009

One of the basic developers of the Agreement on measures of the state of port of 2009 D.Doulman and J. Svon (employees of Department of fishery and akvakultury Faos) specify, that though item 218 of the Convention of 1982, is directed against sea pollution, nevertheless «the maintenance and a basis of positions of the Convention of 1982 concerning fisheries include measures under the control of vessels in port as means on realisation of rational management even if it does not follow from the maintenance of given article of the Convention 1982 g» literally. [152]

For the first time the question on the control of fishing vessels in seaports has been included in Agreement 1995 on fish stocks. According to item 23 of this Agreement the state of port has the right and is obliged to accept, soglasujas with norms of international law, a measure promoting efficiency of subregional, regional and world measures on preservation and management. The port state can examine, in particular, and ulov on fishing vessels when such vessels voluntary are in its ports or on its trip moorings. The states can accept the rules, authorising officials to forbid an unloading and transportation when it has been established, that ulov is received thus which undermines efficiency of subregional, regional and world measures on preservation and management of fishery in the high sea.

Key remedial positions of given article is the following:

The port state has the right to make the control of a foreign fishing vessel which was included into its port or has risen to a mooring;

In the Agreement the term "control" is not applied. However in it a number of measures which are control elements (for example, survey of the documentation, tools lova and ulova) is defined;

The Agreement supposes application of sanctions if the official has found out infringement by a vessel of rules of a craft. In particular, that is unloading and transfer prohibition ulova in port;

Any vessel, but only what to an input in port was engaged in a craft in that area of the high sea in which subregional, regional or world measures on preservation and management of fishery operate can be subjected survey not;

At survey of a foreign vessel the port state should be guided by norms of international law, in particular, not to subject vessels of formal or actual discrimination.

These general provisions have been concretised further in bilateral and multilateral agreements of the general and special character.

The port states play the advanced role in maintenance of that lawfully caught fish and that possibilities and openings for "washing up" illegal ulova have been closed was unloaded only. The states should not allow to the vessels to be engaged NNN in a craft, to use the ports not under any circumstances and to forbid to overload or unload the fish caught during NNN of a craft.

Considering these circumstances, KOFI at 26th and 27th sessions in 2005 and 2007 actively discussed questions of application by the states of port of the measures particularly directed on struggle with NNN by a craft. In 2005 he has approved the Standard scheme on measures of the state of the port, applied to struggle with NNN a craft and has called the states for its performance [153 [154]. In 2007 KOFI has enacted, that there is an urgent need of working out of legally obligatory document (for example, agreements).

In September, 2007 of Fao has assembled in Washington Consultation of experts for discussion of the purpose and principles of the developed legal document. After that meetings in 2008 and in Rome have taken place 2009 Technical consultations for discussion of the text of the international legal document. In October, 2009 this document has been approved and has received the Agreement status. Officially it is called the Agreement on measures of the state of port under the prevention, restraint and liquidation of an illegal, not informed and noncontrollable craft.

Experts of the Russian Federation have accepted active participation in Technical consultations on drafting of this Agreement which has been developed within the limits of Fao according to item of XIV Charter of this Organization. Under this article Conference of Fao can approve 2/3 voices and

To present to member states conventions and the agreements, concerning foodstuffs and agriculture questions, including fishery. Council, according to the rules of procedure, can approve 2/3 voices of the members and present to member states: agreements concerning foodstuffs and agriculture questions, including fishery in which member states by Fao concrete region are interested. Norms of such agreements can be applied only in such regions; additional conventions or agreements concerning the foodstuffs and agriculture, including. Fisheries, with a view of application of conventions and agreements which have become effective.

According to the Charter of Fao, offered convention or the agreement should concern interests of member states to Fao, and also such states not members of the United Nations, its any specialised agency or the International agency on an atomic energy (MAGATE) and the organisations of the regional economic integration which interests mention these documents.

In Agreement 2009 preamble it is fairly noticed, that measures of the state of port are effective and economically an effective remedy of prevention, restraint and liquidation NNN of a craft. In the Agreement it is especially reserved, that «at realisation of the sovereignty over the ports located in their territories, the states can take more strict measures, but according to international law».

Agreement 2009 substantive provisions are based on norms of the Convention of the United Nations on a marine law of 1982, Agreement 1995 on fish stocks and the Code of conducting responsible fishery of 1995

Agreement 2009 purpose is prevention, restraint and liquidation NNN of a craft by application of effectual measures by the state of port and, thus, maintenance of long-term preservation and steady use of live sea resources and sea ekosistem.

Agreement 2009 extends on all vessels, except for the vessels occupied with a domestic industry for maintenance of means of subsistence, under a condition if the state of a flag and the port state co-operate with a view of that maintenance that these vessels have not been occupied NNN by a craft or the activity directed on maintenance of such craft. It does not cover also vessels-kontejnerovozy which do not transport fish or in case of transportation of fish, but only that which has been unloaded earlier provided that there are no obvious bases to assume, that these vessels have been occupied, connected with a craft, activity in support of NNN a craft.

Agreement 2009 allows the state-participant to make the decision on non-use of its positions to any vessel or type of the vessels chartered by its citizens exclusively for the purpose of conducting of a craft in areas of its national jurisdiction and authorised as the flag state to work in these areas.

According to item 4 of item 3 of Agreement 2009 it is applied fair, opened and not by discrimination image according to international law. About what norms of international law there is a speech?

First, at delivery of the consent to calling of a foreign vessel in seaport the flag state should take into consideration positions of item 23 of Agreement 1995 According to this article the state of port has the right and is obliged to accept, being conformed to norms of international law, a measure promoting efficiency of subregional, regional and world measures on preservation and management. At acceptance of such measures the state of port does not subject court of any state of formal or actual discrimination.

The port state cannot examine, in particular, the documentation, tools lova and ulov onboard fishing vessels when such vessels voluntary are in its ports or on its road moorings.

Secondly, the states can accept the rules authorising the corresponding national authorities to forbid an unloading and an overload when it has been established, that ulov is received thus which undermines efficiency of subregional, regional or world measures on preservation and management of fishery in the high sea.

Thirdly, implementatsija norms of Agreement 2009 should not mention realisation by the states of the sovereignty over the ports which are in their territory.

Fourthly, any actions of the state of port (including. Compulsory) should not break main principles of international law, in particular, principles of the state sovereignty, non-interference to internal affairs, equality of the states, and also a principle of jurisdiction of the state of a flag.

Very important is Agreement item 4 in which the interrelation with international law and other international documents is stated.

In it it is noticed, that any position of the Agreement does not strike at the right, jurisdiction and duties of the state-participants according to international law. In particular, anything in the Agreement is not interpreted as influencing on: the sovereignty of the Parties over their internal, arhipelazhnymi and marine belt or on their sovereign rights for their continental shelf and in the exclusive economic areas; realisation by the Parties of the sovereignty over the ports which are in their territory, according to international law, including their right to refuse in calling in them and also to take more strict measures of the state of port, than what are provided by Agreement 2009, including such measures which to accept according to decision RFMO.

Thus, at application of the Agreement of Fao 2009 the Party thereby does not take up the obligation on observance of measures, performance of decisions or a recognition any RFMO which member it is not.

Any state-participant of Agreement 2009 is not obliged to carry out a measure or the decision any RFMO if such measures or decisions have been accepted not according to international law.

Agreement 2009 is interpreted and applied according to international the right taking into account applied international norms and standards, including what have been established IMO, and also in other international documents.

According to D.Doulmana and J.Svon speech in this case goes about Parisian, Tokyo and other memorandums of the control, conventions IMO on technical questions of Global strategy IMO. [155]

The part of 2 (articles 7-10) of Agreement 2009 defines procedure of calling of foreign vessels in the port which basic requirements are reduced to the following.

First, the vessel can come only into those ports which are nominated by the coastal state for reception of foreign vessels and the list of such vessels comes under to publication. Each country of Agreement 2009 represents the list of the ports appointed it to Fao, and Fao gives to the given information appropriate publicity (for example, by publication of the handbook or placing on a site).

Secondly, such port of call should have sufficient possibilities for carrying out of inspections (regular inspectors, reception and information transfer system, warehouses for storage confiscated ryboproduktsii etc.).

Thirdly, the state of port before delivery to any vessel of the permission to calling in port has the right to demand representation, as the minimum standard, the information of the following maintenance: settlement date and an arrival time; the purpose; the name of port and date of last calling in port; the vessel name; the flag state, vessel type; the international radio call sign; the contact information of a vessel; the certificate on registration; number IMO of a vessel if is available; the sizes of a vessel; a name and citizenship of the ship master; the corresponding permission to a craft; the corresponding permission to an overload;

The information on an overload, concerning the vessels which are handing over production; the general ulov onboard; ulov, coming under to an unloading.

Fourthly, after reception of the corresponding information, including. Information on, whether vessel NNN of a craft led, the state of port makes the decision on the permission or refusal on calling in port of such vessel and informs on the decision to a vessel or its representative.

In default on calling of a vessel the port state informs on the decision to the state of a flag of the given vessel and, at the necessity, to corresponding coastal states, the regional organisations on management of fishery and other international organisations.

Fifthly, if at the port state are available sufficient that proof, that the vessel enquiring the permission to calling in port, has been occupied NNN by a craft or the activity connected with a craft in support of such craft, in particular, vessel inclusions in the list of the vessels occupied with such craft or activity connected with a craft, accepted corresponding RFMO the given state refuses to such vessel in calling in its port.

Sixthly, however, the port state can resolve calling in the ports to a vessel exclusively with a view of carrying out of inspection of the given vessel and acceptance of corresponding measures in respect of restraint and liquidation NNN of a craft.

The part of 3 Agreements 2009 defines an order of use of ports which is reduced to the following.

If the vessel has come into one of ports of the state-participant of Agreement 2009 the state has the right to give up to a vessel in use of the given port for an unloading, overloads, packings and processings of fish and for other port service, including. Replenishments by fuel and stocks, repair and statement on dry dock. Such calling will be lawful only in following five cases:

1. The port state has found out, that the given vessel has no operating and applied permission to conducting a craft or the activity connected with a craft.

2. G osudarstvo port it was convinced that the vessel has no operating and applied permission to conducting a craft or the activity connected with a craft.

3. The port state has received the obvious proof of that fish being onboard has been caught in infringement of corresponding requirements of the coastal state concerning the areas which are under jurisdiction of the given state.

4. The state of a flag of a vessel does not confirm in a current of the reasonable period of time on demand of the port state, that fish being onboard has been caught according to applied requirements corresponding RFMO.

5. The port state has reasonable causes to believe, that the given vessel otherwise participated in NNN a craft or the activity connected with a craft in support of such craft.

However, despite specified above circumstance, the port state has not the right to give up to a vessel in using the port services having essential value for safety or health of crew, or for safety of a vessel provided that such requirements are properly confirmed by them for vessel recycling on demolition.

The part of 4 Agreements 2009 is called «Inspections and the subsequent actions».

According to item 1 of item 12 of Agreement 2009 the state surveies such quantity of vessels in the ports which is required for achievement of annual level of inspections, sufficient for achievement of its purpose. First of all inspections are exposed vessels by which it has been given up in calling in port or its use according to Agreement 2009, and also vessels in which relation there are proofs about conducting by them NNN a craft or they gave support of such activity. Agreement 2009 article 13 defines an order of carrying out of inspections. In particular, the inspector should make sure that the documentation available onboard on identification of a vessel and the information, concerning the owner of a vessel, is authentic, settling and exact and corresponds to data of the state of a flag and the international register of vessels. The inspector should define, that the flag of a vessel and recognition symbols (for example, the name, registration number, ship identification number IMO, the international radio call sign and other recognition symbols) correspond to the information containing in the documentation. The inspector, how much it is possible, surveies all corresponding tools lova onboard, including any tools lova, hranimye out of sight, and also the devices connected with them, and makes sure that they correspond to conditions of permissions. Objects of check can be: jacheja tools lova, devices and adaptations, the sizes and a configuration of networks, traps, drags, the sizes and quantity of hooks etc.

The inspector defines, whether there was a fish who is onboard, is caught according to operating permissions. It defines, whether there are bases to believe, that the vessel took part in NNN a craft or the activity connected with a craft in support of such craft.

The rights and duties of inspectors are particularised in the appendix "In" to Agreement 2009 Inspectors of the state of port: make sure how much it probably that the documentation available onboard on identification of a vessel and the information, concerning the owner of a vessel, is true, settling and exact, including. By corresponding interaction with the state of a flag or taking into account the international registers of vessels, (if it is necessary); make sure that the flag of a vessel and recognition symbols (for example, the name, external registration number, ship identification number IMO, the international radio call sign and other recognition symbols, the basic sizes) correspond to the information containing in the documentation; Make sure how much it probably that permissions to a craft and the activity connected with a craft are original, filled completely and correctly and will be adjusted with the information given according to the appendix "And";) consider all other corresponding documentation and the accounting records which are available onboard, including, how much it is possible, those in an electronic format and the given systems of monitoring of vessels (CMC), received from the state of a flag or from the corresponding regional organisations on fishery regulation. The corresponding documentation can include trade magazines, documents about ulove, an overload and trade, master rolls, cargo plans and schemes, characteristics of fish holds and the documents demanded according to the Convention on international trade by kinds of wild fauna and flora, 1973 being under the threat of disappearance; How much it is surveied probably by all corresponding tools lova onboard, including any tools lova, hranimye out of sight, and also the devices connected with them, and, how much it is possible, make sure that they correspond to conditions of permissions. Whenever possible, also tools lova are checked to make sure that such characteristics as the size jachei and a cord, the device and the adaptation, the sizes and a configuration of networks, traps, drags, the sizes and quantity of hooks correspond to operating rules and that marks correspond to what are resolved for the given vessel; how much it probably define, whether there was a fish who is onboard, is caught according to operating permissions; fish, including by sampling examine to define its quantity and structure. Thus containers in which fish is packaged can open the inspector, and to move ulov or containers, to make sure of integrity of fish holds. Such survey can include checks of kinds of production and definition of nominal weight; estimate, whether there are obvious bases to believe, that the vessel took part in NNN a craft or the activity connected with a craft in support of such craft; give the report containing results of inspection, including possible measures which can be accepted, to the ship master for signing by the inspector and the captain. Signing by the captain of the specified report serves only as an assurance of receipt of a copy of the given report. Possibility to do any comments or objections to the report is given to the captain and, in case of need, to contact the corresponding authorities of the state of a flag, in particular, if the captain has serious difficulties in understanding of the maintenance of the report. The copy of the given report is given to the captain; and as required and possibilities organise transfer of the corresponding documentation, into an official language of the state of a flag of a vessel.

Inspection comes to the end with representation of the report reflecting results of check, including recommendations about measures which should be accepted the ship master and the ship-owner. The report should be constituted in two languages: English and an official language of the state of port. The report proforma is enclosed to Agreement 2009 It consists of 42 points. If, as a result of inspection carrying out, it will be established, that the vessel took part in NNN a craft or the activity connected with such craft the surveying party immediately notifies on the conclusions the state of a flag and, in case of need, the regional organisation on management of fishery, and also the state which citizen is the captain of the given vessel.

Competent bodies have the right to refuse to a vessel in use of the port for an unloading, an overload, packing and processing of fish which has not been unloaded earlier, and for other port service, including, besides other, replenishment by fuel and stocks, repair and statement in dry dock.

The flag state in appropriate cases has the right to challenge the decision of inspectors judicially.

The part of 5 Agreements 2009 defines the rights and duties of the state of a flag.

Article 20 of this Agreement obliges the flag and port states to co-operate during the inspections spent in port. If the flag state has the obvious bases to believe, that the vessel has been occupied NNN by a craft or the activity connected with such craft and enquires calling in port or is in port of other state the flag state, if necessary, enquires this state about inspection of the specified vessel and about acceptance of other measures provided by Agreement 2009

Each state-participant of Agreement 2009 provides, that the vessels, having the right to be under its flag, were engaged in an unloading, an overload, packing and processing of fish and received other port service in ports of the states. The State-participants have incurred obligations to develop, including. Within the limits of Fao or the regional organisations on management of fishery, fair, opened and not a discrimination order of identification of the states which can operate according to Agreement 2009 or the way mismatching it.

Let's note one more important duty of the state of a flag: after reception of the report on inspection carrying out in which it is specified that there are obvious bases to believe, that the vessel has been occupied NNN by a craft or the activity connected with such craft, it immediately spends full investigation of the given question and, at reception of sufficient proofs, immediately takes measures on maintenance of performance of recommendations according to the legislation. The flag state is obliged to inform other state-participants of Agreement 2009, Fao and to corresponding regional organisations on management of fishery on the measures accepted by it concerning vessels which as a result of the port control are revealed as taking part in NNN a craft or the activity connected with such craft.

The part of 7 Agreements 2009 establishes procedures of settlement of disputes.

Following means of the resolution of disputes are offered the State-participants: consultations; negotiations; inspection; intermediary; reconciliation; arbitration; proceeding; other means for choice the parties. Any dispute which has been not resolved by these means, with the consent of contending parties can be transferred in International court of the United Nations,

The international tribunal on a marine law or in Arbitration (the last are created according to the United Nations Convention on a marine law of 1982).

All disputes and all questions specially specified in the corresponding agreement concern conducting the International tribunal on a marine law. The Tribunal decision is definitive and is carried out by all parties participating in dispute. The United Nations arbitration on the questions, concerning fisheries, consists of five persons. The arbitrament is limited to the matter in dispute and in it motives on which it is based are stated. Its decision is definitive and without appeal. Decisions are carried out by the parties participating in dispute.

The part of 8 Agreements calls the states which are not participating in it, to accept the legislation or to adjust the actions with Agreement 2009 positions

According to the Part of 9 Agreements 2009 of the state-participant within the limits of Fao and its corresponding bodies will provide carrying out of regular and regular monitoring and supervision over performance of norms and rules of this Agreement. In four years after coming into force of Agreement 2009 of Fao assembles conference of the state-participants for the purpose of consideration of reports and an estimation of efficiency of norms and rules of the Agreement and definition of ways of achievement of its purpose. Agreement 2009 has become effective on July, 5th, 2016

Having considered in details key positions of Agreement 2009, D.Doulman and J. Svon have come to the following, in our opinion, fair, to conclusions.

The interrelation between unloading of fish from vessels in port and the international negotiations in the United Nations can seem kept away, and in general almost not clear. The ship master is interested in profit maximisation, and the international community is interested in long-term steady use of resources and preservation sea ekosistemy, and also in wider questions connected with such problems as safety of a vessel,

Environmental contamination, and also fair and comprehensible working conditions for crews of fishing vessels.

The ship master should correspond to many requirements shown according to the legislation and procedures of the state of a flag, the coastal state and the port state, and through them - to the requirements shown RFMO. Well-known, that this requirement is observed not always, and that the flag states, in particular those states which offer vessels "convenient" flags, are frequently incapable or do not wish to carry out the necessary control over the vessels.

The international community should spend an estimation of some question and problems, including what are connected with vessels-infringers, efficiency of existing or offered tools of struggle with NNN a craft and the activity connected with it, and also potential influence of the human factor. The international community should agree about the further steps, yet did not become too late, and the irreparable damage is not put yet to fish resources. The agreement on voluntary supervising principles under the control in ports can give more a wide range of actions and measures which should be accepted, but this way can result (and can and is not present) to strengthening of requirements at national level. Nevertheless, as often happens, it is necessary to concentrate as the first step on voluntary approaches which can lead to strengthening of political will and entail the conclusion and realisation of legally obligatory document.

If to speak about measures of the state of port, how have shown results of Conference of the United Nations on environment and development, other international forums and activity RFMO, the international community has agreed on binding universal legal and operative structure which can be practically and is really carried out by all states.

In the course of preparation and acceptance of the Agreement of Fao 2009 about measures of the state of port the wide range of questions has been taken into consideration. Some from

They were represented by certain difficulties in consensus achievement, but they were not insuperable. After the statement of the Agreement Conference of Fao in November, 2009 appreciable movement towards the traditional international approach on which the flag states bear the basic responsibility for an effective control of the vessels was outlined. It has been recognised by the international community, and, despite its wide approval in international law, duties of the state of a flag earlier simply were not carried out.

Actually measures of the state of port under the Convention of the United Nations of 1982 do not cover fishing vessels and it was necessary to develop the tool for completion of this blank. It was besides, important timely to establish requirements to communication which would apply modern technologies and information systems, including to information interchange in a mode of real time.

The states should make political, legal and operative decisions on realisation of Agreement 2009 They are logical and it is possible to take on their basis step by step the measures specified in the Appendix 9. In an ideal on sense of the text, they should constitute a part of consecutive and complex national strategy of realisation of measures of the state of port. Legal statuses should lean against existing legislative norms, practice, and also the purposes providing use of the Agreement as the minimum standard and not interfering the states to take more strict measures.

For assistance to Agreement 2009 realisation as a whole, and especially in developing countries, potential development is recognised by an unconditional priority, in particular by inclusion in Agreement 2009 of the reliable mechanism for rendering assistance to developing countries. It is precedent for other international mechanisms on fishery. Besides, initiatives in the field of development of potential of Fao and other donors, including series of perspective regional seminars of Fao on measures of the state of port, have drawn wide attention of the world community. Many participants of these seminars already used the received knowledge in the course of negotiating and implementatsii Agreements 2009

Acceptance and Agreement 2009 coming into force represents one more beginning of a new stage on struggle with NNN a craft and adjacent kinds of activity. There are many restrictions which the states in their efforts on maintenance of that the adjusted frameworks could make direct impact on crews of trade vessels in port face, and also on others, connected with them persons, such as ship-owners, exporters and pererabotchikov, involved in NNN a craft.

The agreement of Fao promises to become the powerful tool for achievement of the purpose 2009, that is for prevention, restraint and liquidation NNN of a craft by application of effectual measures by the port state, and thus to provide long-term preservation and steady use of live sea resources and sea ekosistemy. As soon as it will be reached, vessels and the companies connected with them can hope for receiving steady profit and, the most important thing to provide the contribution of fishery to global food safety.

At last, Agreement 2009 in itself cannot solve global problems NNN of a craft. They should be considered in a complex and separately, mutually to supplement each other. However, blocking of movement of the extracted sea live resources in ports and in the national and international markets, and also the control over activity of the vessels occupied in NNN a craft, difficulties for an illegal craft should create and keep profitability as stimulus for fishermen to continue to take part in such profitable craft and the activity connected with it [156].

As it has been specified above, the Russian Federation has signed Agreement 2009, however yet did not ratify, thus, it the Russian trade vessels and administrations of ports should not suppose is the obligatory international legal document for Russia. At the same time any actions contradicting Agreement 2009 They should not take measures which would complicate realisation of Agreement 2009 before its ratification. According to item 18 of the Viennese convention on the right of international treaties of 1969 the state is obliged to abstain from actions which would deprive the contract of its object and the purpose if: it has signed the contract under a condition of ratification, acceptance or the statement until it will not express to become clear the intention by the not participant of this contract; or it has expressed the consent to compulsion for it contracts to the introduction of the contract into force and provided that such coming into force will excessively not be late.

In our opinion, with a view of realisation of actions for ratification of the Agreement of Fao by the Russian Federation it is necessary to carry out following actions 2009:

1. To bring in FZ «About fishery and preservation of water biological resources» 2004 of the addition, concerning investment Rosrybolovstva with powers connected with: conducting the national list of the vessels involved to NNN to a craft or connected with trade activity in support of such craft; participation of officials Rosrybolovstva in inspection of foreign vessels at their arrival in the Russian ports, definition of level and sequence of inspection; the organisation of information interchange with the corresponding states, Fao, other international organisations and RFMO on the questions carried to the purposes of Agreement 2009; information interchange between the corresponding national organisations and coordination of their activity on the questions carried to the purposes of Agreement 2009; participation of officials Rosrybolovstva in decision-making on calling of vessels in port or refusal in such calling; Formation of system of electronic information interchange together with other corresponding multilateral both intergovernmental projects and realisation of information interchange with the existing databases concerning Agreement 2009, and also processing of such information; the notice of the foreign states on refusal to the vessels floating under their flag, in calling in the Russian port; the settlement of disputes, connected with Agreement 2009 realisation; accumulation, generalisation and the analysis of reports on results of inspection of vessels in the Russian ports; preparation of inspection structure for Agreement 2009

2. To make changes in FZ «About fishery and preservation of water biological resources» 2004 concerning: item 1 additions «the Basic concepts» terms «Measures on preservation and management» and specifications of the term "fishery"; additions with the positions, concerning cooperation and information interchange, mechanisms of definition of level and sequence of inspection of vessels and an order of carrying out of inspection.

3. After acceptance of the specified changes and additions Federal

The law to prepare and accept the governmental order of the Russian Federation establishing: an order of conducting the national list of the vessels involved to NNN to a craft or connected with trade activity in support of such craft; an order of definition of level and sequence of inspection of vessels; an order of information interchange with corresponding государствfми, Fao, other international organisations and RFMO on the questions carried to the purposes of Agreement 2009; an exchange order

The information between the corresponding national organisations and coordination of their activity on the questions carried to the purposes of the given Agreement; the method of adoption of decisions on calling of vessels in port or refusal in such calling; an order of electronic information interchange together with other corresponding multilateral and intergovernmental projects and realisation of information interchange with the existing databases concerning Agreement 2009, and also processings of such information; a notification procedure of the foreign states of a flag about refusal to the vessels floating under their flag, in calling in the Russian port; an order of generalisation and the analysis of reports on results of inspection of vessels in the Russian ports.

4. After acceptance of the specified governmental order Russian

Federations, it is necessary to prepare and accept subordinate legislation standard legal acts of the Ministry of Agriculture of Russia (regarding Rosrybolovstva), establishing:

The organisation of conducting the national list of the vessels involved to NNN to a craft or connected with trade activity in support of such craft; the organisation of information interchange with the corresponding states, Fao, other international organisations and RFMO on the questions carried to the purposes of the Agreement, and as the maintenance of such information; the information interchange organisation between the corresponding national organisations and coordination of their activity on the questions carried to the purposes of the Agreement, and as the maintenance of such information; the organisation of electronic information interchange together with other corresponding multilateral and intergovernmental projects and realisation of information interchange with the existing databases concerning Agreement 2009, and also processings of such information; the organisation of inspection of vessels; the organisation the settlement of disputes, connected with Agreement 2009 realisation; The organisation of the notice of the foreign states about refusal by the vessels floating under their flag, in calling in the Russian port; the organisation of generalisation and the analysis of reports on results of inspection of vessels in the Russian ports and use of such information for realisation of the purposes of Agreement 2009; the preparation organisation

Inspection structure on the questions carried to the purposes of realisation of the given Agreement.

5. To make changes to standard legal acts of Ministry of Transport Russia concerning: appointments of the ports opened for calling of foreign vessels and the announcement of such ports; an order of granting of inquiry about calling in the Russian port and a format of such inquiry; an order of reception of the permission to calling in the Russian port or refusal conditions in such calling; an order of use of the Russian ports and the bases for refusal in their use; definitions of an order, level, sequence of inspection of foreign vessels in the Russian ports; an order of information interchange by results of inspection; actions of the port authorities after carrying out of inspection of a vessel.

It is impossible to disagree with opinion of J. Svon that measures of the state of port are based on the adjusted minimum legal both operational standards and criteria. For example, they establish requirements for refusal in calling or in use of port for vessels which, probably, have been involved in NNN a craft or the activity connected with it, such as an overload or supply. Introduction of the minimum standards in the national legislation on the basis of the international and regional agreements has great value for success of such measures. Operational questions, such as decision-making, the reporting, an estimation of reports, the control and communication, can be developed within the limits of the adjusted procedures; however such procedures should have a strong basis in the national legislation on such questions, as the reporting of vessels, powers of inspectors, proving mechanisms. Even correctly trained inspectors can operate effectively only at presence at them corresponding legal powers.

On fair judgement of the given author, the typical purposes legislative implementatsii Agreement 2009 positions are reduced to accurately to specify: the rights of the state of port, the authorised bodies and the requirements connected with calling in port and its use by vessels; duties and responsibility of operators of vessels (proprietors, freighters etc.) and agents/representatives; bodies of the state port service, their employees, including inspectors, and duties of the captain and crew in relation to such personnel; requirements to the information, the reporting and communications; consequences of use of port in which to a vessel was

157

It is given up. [157]

The international certificates of recommendatory character about the control of fishing vessels in ports.

Now there is a number of documents which are approved Fao, and provide an order of the control of vessels in ports. All of them contain norms so

158

The named "soft" right.

The code of conducting responsible fishery of 1995

According to item 8.3 of the Code it is necessary to the port states by means of the procedures established by their national legislation and according to international law, including changeable international agreements and arrangements, to take such measures which are necessary for achievement of the purposes of the present code and rendering of assistance in it for other states, and also in detail to inform other states on rules and the measures accepted with that end in view. Taking such measures, the port state should not suppose under the form or a being of discrimination concerning vessels of any other state.

Such assistance to the flag states, is expedient according to national laws of the state of port and international law when the fishing vessel voluntary is in port or at the sea terminal of the state of port and when the flag state asks the port state to assist in connection with non-observance of subregional, regional or universal measures on preservation and management or the minimum standards adjusted at the international level on pollution prevention, and also safety, health and working conditions onboard fishing vessels.

Thus, according to the Code of 1995 the port state is obliged: to assist the flag states in the control and vessel detention if [158] it did not observe a measure on preservation and storekeeping of live sea resources;

Measures under the control and compulsion should correspond to the national legislation of the state of port and international law;

Measures under the control or compulsion are applied only at the desire of the state of a flag of a vessel.

The international plan of action of Fao under the prevention, restraint and liquidation of an illegal, not informed and noncontrollable craft of 2001

In points 52-64 measures which should accept the port states are listed.

Major of them are the following measures, concerning struggle with NNN a craft.

1. The states should use measures, according to international law, for control from the port state behind fishing vessels with a view of the prevention, restraint and liquidation NNN of a craft. Such measures should be carried out fair, opened and not by discrimination image.

2. To resolve to a vessel access to port, the states should demand, that fishing vessels and the vessels participating in activity connected with a craft which enquire the permission on for - a course in their port, have given sufficient the prior notification of the calling in port, besides the permission to a craft, the detailed information on the fishery flight and quantity of fish onboard, with the due account of requirements of confidentiality, whether so that could establish a vessel to lead or to support NNN a craft.

3. If for the port state are available convincing that proof, that the vessel which has got access to its port, was engaged NNN in trade activity this state of port does not resolve to data this case to the state of a flag of a vessel.

4. The states should notify on in what ports access to the vessels floating under a foreign flag can be resolved and to provide that in these ports there were possibilities for carrying out of inspections.

5. Inspection of trade vessels should be spent with a view of gathering of the following information:

- The state of a flag of a vessel;

- Names civil and qualifications of the captain and the master on extraction of fish;

- The trade bases;

- ulov onboard, including an origin, kinds, the form and quantity;

- The information demanded by the corresponding regional

The organisations on management of fishery or the international organisations;

- The general unloaded ulov and overloaded ulov.

These data are transferred to the state of a flag and corresponding regional organisations on management of fishery.

6. If during inspection will come to light, that there are good causes to suspect, that the vessel led or supported NNN a craft in the areas which are out of jurisdiction of the state of port, the port state should, besides any other measures which it can accept according to international law, immediately inform on this case to the state of a flag of a vessel and if it is necessary, to corresponding coastal state and the regional organisation on management of fishery. The port state can take other measures from the permission or at the desire of the flag state.

According to item 62 MPD-NNN of a craft the states should co-operate in a bilateral, multilateral order and within the limits of the corresponding regional organisations on management of fishery with a view of working out of comparable control measures of the states of port behind fishing vessels. Such measures should concern the information collected by the states of port, procedures of gathering of the information and actions in that case, when a vessel suspected of infringement of measures, the accepted within the limits of these national, regional or international systems.

MPD-NNN a craft urges the states to improve cooperation, including by an exchange of the corresponding information, among and between the corresponding regional organisations on management of fishery and the states concerning the control from the port state.

If the port state has good causes to suspect, the vessel which is in its port, was engaged NNN in a craft, that, in our opinion, the port state should not resolve given vessel to unload or overload ryboproduktsiju in its ports.

He should report on this case on the flag state immediately. If suspected NNN the craft could be led in waters under jurisdiction of other state or in the waters which are in sphere of action of the regional organisation on management with fishery, the port state should report immediately on this case on corresponding state and-or also RFMO.

Further, as it is represented, in some cases the port state has the right to undertake additional actions. For example, if suspected NNN the craft could be led in waters under jurisdiction of the state of port, this state is obliged to carry out the jurisdiction as coastal state, with a view of investigation and if it is necessary, suit and punishment of those who bears responsibility for NNN a craft.

It is necessary to support opinion of Fao what even «if suspected NNN the craft could be led in waters outside of jurisdiction of the state of port, it can take measures against this vessel and its operators from the permission or at the desire of the flag state» [159].

It is represented, that as change of the state measures of preparation of the control not necessarily demands considerable resources, these measures represent a perspective way for acceptance by their developing countries. During stay of foreign vessels in port officials of the state of port should rise at least aboard vessels, study their magazines and inform other corresponding information. It will not entail the big financial expenses, but will demand vocational training in respect of registration of results of disembarkation aboard and inspections. It can demand creation of courses on a professional training for developing countries.

The modelling scheme of Fao on measures of the state of port concerning struggle with NNN a craft of 2004

The technical advisory meeting of experts of Fao in 2002 has developed measures for the port state on struggle with NNN a craft with a view of simplification of performance MPD-NNN of a craft. In the further Fao recommended to include these measures in regional memorandums on measures of the state of port concerning struggle with NNN a craft. In 2004 the Technical advisory meeting of Fao has reviewed measures of the state of port on struggle with NNN a craft and has presented the text project at KOFI'S 26th session of Fao for approval. Thus given Meeting of Fao has noted the leading part of the state of port in struggle with NNN a craft. Also that principles and norms of these measures should be a basis for regional memorandums on measures of the state of port has been specified.

As fairly mark M.Palma, M.Tsameni and U.Edison, «the Modelling scheme of Fao is the first international political document containing the list of activity which are considered NNN as a craft, based on MPD-NNN» [160].

In a preamble of the Modelling scheme the conceptual device (terms "port", «a fishing vessel» etc.) contains.

With a view of implementatsii the Modelling scheme of the state should: to spend inspections of foreign fishing vessels in the ports with a view of the control over performance of measures on preservation and management; such inspections should be spent by the qualified and authorised persons; before carrying out of inspection of the inspector should be presented to the ship master and present the certificates; the inspector can to examine, in case of need, any premises of a fishing vessel, ulov (including. ryboproduktsiju), networks and any other tools lova, the equipment and any other document, which inspector will count necessary with a view of maintenance of performance of measures on preservation and managements; the ship master is obliged to render to the inspector all necessary help and to give the information both any corresponding materials and documents; under condition of the arrangement with the flag state to invite the flag state to take part in inspection; To undertake all necessary efforts to create the minimum inconveniences for a vessel and preservation ulova; the inspector, in case of need, can be accompanied by translators; results of port inspection are shown to the ship master and subscribe it. The Captain has the right to make to the report of the inspector of addition, the remark and comments.

If the inspector finds out, that the foreign vessel carried out or supported NNN to a craft, including: the vessel carried out a craft with infringement of conditions of the licence, the permission or other powers which have been given out by the state of a flag or the corresponding coastal state;

Infringement of rules of the reporting about ulovah; a craft in the closed area, during the closed season or after quota development; a craft, vylov live resources in which relation the moratorium is established; use of the forbidden tools lova; falsification or cancellation of marks, identification or vessel registration; presence of some the admitted infringements which in aggregate constitute gross infringements of corresponding measures on preservation and management; the message of incorrect data on a vessel in infringement of requirements of System of monitoring of vessels; reception or an unloading ulova, extracted in infringement of measures on preservation and management the port state informs on it to the authorised body of the state of a flag and if it is necessary, to corresponding coastal state and corresponding RFMO. Certainly, in corresponding regions can be accepted and other actions in reply to infringements of rules on preservation and management.

The port state should create a communication system on data exchange with other states and the organisations. The port state should accept the information under the standardised form according to appendices to the Modelling scheme.

Anything in the Modelling scheme does not mean prohibition to any fishing vessel to come into port in case of force-majeur situations or rendering assistance to a member of ship crew, a vessel or a flying machine.

Any position of the Modelling scheme does not prevent to carry out to the state the sovereignty over ports according to international law.

All measures provided in this Modelling scheme, and any supplementary measures should be accepted, applied according to international law.

At last, all measures provided in this Modelling scheme should be applied on transparantnoj and not discrimination basis.

The modelling scheme has a number of appendices.

In the appendix "And" — the information which should be received from the foreign vessel coming into port. In particular, data on a vessel (the vessel name, its identification number, the international radio call signs, a flag, the proprietor of a vessel, type of System of monitoring of vessels, the previous names) should be informed; the calling purpose in port; licence or permission number; a route; craft area; last port of call; the special information (a kind of the caught fish, production and its kinds).

The appendix Would be called «Procedure of inspection of a foreign vessel».

The inspector of port should make sure, that onboard a vessel there are diplomas or officially to enquire them of the flag state; to make sure, that a flag on a vessel both ship numbers and radio call signs are authentic; to make sure, that the vessel did not change a flag and the name and onboard number; to check up registration port, a name and the address of the proprietor of a vessel, a name of the ship master; the name and the address of the previous proprietor if in it will be necessity. The inspector of port should make sure, that the craft was led according to the information specified in the licence or the permission, and onboard there is a fish or ryboproduktsija legally.

The port inspector has the right to check up and other corresponding documentation which can include various logbooks, and in particular, trade magazine, and also plans of holds and warehouses. The inspector has the right to make sure, that onboard a vessel there are resolved tools lova. It can check up jacheju, length of networks etc. and to confirm, that they correspond to fishery rules.

The port inspector should define, whether there corresponds fish being onboard or ryboproduktsija to the conditions defined in the permission and reflected in trade magazine, the report, including the given Systems of monitoring of vessels. If the port inspector finds the bases that the vessel was engaged NNN in a craft or supported it he should inform on it to the flag state immediately. In case of need, the inspector can investigate quality and structure ulova, being onboard, including sampling.

As a result of inspection carrying out the port inspector gives to the ship master the signed report. The captain has the right to make to it necessary additions and comments.

The appendix "With" is called «Result of port inspection». Results of port inspection should include, at least, the following information: data on inspection (the name of inspection body or other body; a surname of the inspector, port and inspection date);

Vessel identification (a flag and vessel type, identification number, number IMO, the previous name and a vessel flag; a port of registry, the proprietor of a vessel, a name and the address of the previous proprietor; a surname and the diploma of the captain); powers on craft conducting (the state which has given out the document authorising on a craft, kinds of fishes and the tool lova, transportation of production and documents); a route of transportation of fish and ryboproduktsii (the date, visited ports, unloading port ryboproduktsii); results of inspection of an unloading of fish and ryboproduktsii (the beginning and the unloading termination; kinds of unloaded fish, production form; live weight of production); quality of production onboard a vessel (kinds of fish; production kind, corresponding refrigerator installations; production weight; equivalent live weight); results of inspection of tools lova (details of surveied tools lova and other subjects); The conclusion (the conclusion of the inspector including identification of infringements with references to corresponding norms and rules).

The appendix "D" concerns preparations of port inspectors. Elements of the program of preparation of port inspectors are:

1) training to inspection procedures;

2) the information on measures on preservation and management, and also necessary laws and rules and norms of international law;

3) information sources, also as books and the electronic information, and also the information, given by the ship master;

4) identification of kinds of fishes and an accounting measure;

5) monitoring of processes of unloading, including conversion factors by various kinds and production;

6) a finding of the inspector on a vessel, an order of carrying out of inspection, measurement of tonnage of a vessel, volume of tools lova;

7) gathering, studying and preservation of samples of fish and production;

8) definition of measures which should be undertaken at the subsequent inspection;

9) studying of corresponding languages, in particular English.

The appendix "E" is called «Information system of the state port inspection». According to this appendix:

1. The computerised communications between the states, and also between the states and the corresponding regional organisations on management of fishery should demand following actions: the analysis of data; selection for data transmission, a format for data transmission.

2. The coordination at the international level of norms for identification of following terms: the state, kinds of fishes, fishing vessels, types of tools lova, ports.

3. Data should include elements: data about inspection; vessel identification; the licence for a craft; the information on a route; results of inspection; results of inspection of tools lova; the undertaken actions; the information from the flag state.

The international supervising principles of regulation of a deep-water craft in the high sea of 2008

This document has been developed on the instructions of KOFI'S 27th session in 2008 for the purpose of rendering of assistance to the states and the regional organisations in maintenance of steady regulation of a deep-water craft and performance of points 76-95 of the Resolution of General Assembly of the United Nations 61/05, concerning responsible fishery in sea ekosisteme. According to item 58 of this document, the states should accept and carry out national laws and the measures directed on prevention, restraint and liquidation NNN of a craft in deep-water fishery, including with application of the measures provided in MPD NNN of a craft.

The states and RFMO should co-operate with a view of struggle with NNN a craft in areas of deep-water fishery and to take measures concerning the vessels occupied with such activity. The states should enter and carry out according to international law, on transparentnoj and not to the discrimination basis, connected with trade, measures, for example, documenting schemes ulovov and trade in production, so that: to expand the possibilities by definition of vessels and their deep-water ulova, extracted out of frameworks or in infringement of the accepted measures on preservation and management, and also, to take measures concerning the vessels leading NNN a craft, and ulovov, extracted in areas of deep-water fishery, including, whenever possible measures on hit prevention in the international trade turnover of production extracted as a result of NNN of a craft in areas of deep-water fishery.

It is necessary to notice, that besides the specified certificates, the problem of the control of fishing vessels in ports regarding struggle with NNN a craft is concerned also by other managements of Fao, for example, the International plan of action on reduction of casual hit of sea birds at jarusnom a craft of 1999, the International plan of action on preservation of sharks and management of their stocks of 1999, the International plan of action on management of trade capacities of 1999

The control of fishing vessels in ports according to recommendations RFMO.

The general Assembly of the United Nations at 70th session a consensus has accepted on December, 8th, 2015 the important resolution on maintenance of steady fishery in which calls RFMO and arrangements for the further coordination of the measures directed on struggle with NNN by fish activity, for example, by means of drawing up of the general list of vessels, noticed under the authority of NNN a craft or a mutual recognition of lists of such vessels constituted by others RFMO.

The program of activity RFMO on struggle with NNN a craft is reflected in Agreement 1995 item 10, in points 78-84 MPD-NNN of a craft, and also the documents accepted some RFMO.

Now 12 RFMO in which the Russian Federation participates, effectively are engaged in the control organisation member states foreign vessels in ports. In this plan the most active are ANTKOM, IKKAT, NAFO, neafk, and also EU.

The commission on preservation of sea live resources of Antarctic.

In ANTKOM there is no uniform Scheme on preservation and compulsion. At annual sessions the commission approves more than 30 recommendations, concerning measures on preservation of stocks, including and under the port control. For example, 25th session ANTKOM in 2006 has approved the Recommendation 10-03 «Port inspections of the fishery vessels having onboard sea live resources of Antarctic», reviewed in 2014 According to this recommendation of member state ANTKOM spend inspections on all trade vessels having onboard klykacha and coming into their ports [161]. Inspections are spent that in case the vessel led trade activity in an operative range of the Convention on preservation of sea live resources of Antarctic 1980, to define, whether this activity according to measures ANTKOM on preservation was led. In a case if the vessel intends to unload or overload klykacha, it is necessary to define, whether corresponds data ulov, the given information.

Member states survey at least 50 % of trade vessels which come into their ports, having onboard other kinds which are not concerning to klykachu, the Conventions of 1980 received in an operative range and earlier not unloaded or overloaded in port.

The purpose of such inspection consists in definition of, whether trade activity in an operative range of the Convention of 1980 according to measures ANTKOM on preservation was spent.

At definition of, whether it is necessary to spend inspection of the vessels having onboard kinds, not concerning to klykachu, it is necessary to take into consideration following factors:

- Whether to a vessel it has been given earlier up in calling in port or in port use according to this or any other measure on preservation;

- Requests of other member states ANTKOM for that the concrete vessel has been surveied;

- Whether there are obvious bases to suspect, that the vessel participates in NNN a craft or the activity connected with a craft in support of NNN a craft, including the information received from RFMO.

For assistance to these inspections of member state ANTKOM demand, that vessels, notified in advance on calling in port and represented the written declaration that did not participate in NNN a craft in an operative range of the Convention of 1980 and did not support it. Inspection should be spent quickly within 48 hours after vessel calling to port. It should not be unnecessary burden for a vessel and its crew and should be spent according to positions of Inspection system ANTKOM.

Member states are obliged according to the laws and rules, also international law to give up in access to the ports to the vessels which do not have the rights to float under their flag, which: are included in one of lists NNN of the vessels founded ANTKOM according to measures on preservation 10-06 and 10-07; have declared, that they participated in NNN a craft; or have not declared or have not presented the prior notification as it is demanded by the Measure on preservation 10-03 (2014).

If there is a certificate of that the vessel led a craft in infringement of measures ANTKOM on preservation, ulov is not unloaded and not overloaded, Member state ANTKOM informs the state of a flag of such vessel on results of the inspection spent by it and co-operates with the flag state in acceptance of the appropriate measures necessary for investigation of prospective infringements, applying if it is required, appropriate sanctions according to the national legislation. Member states ANTKOM immediately give the report on results of each inspection spent according to this measure on preservation in Secretary of the Organization.

The secretary immediately transfers these messages concerning all vessels by which it has been given up in calling in port or in the permission to an unloading or an overload klykacha, to all parties and all states, not being members ANTKOM, but co-operating with it by participation in documentation System ulovov klykacha.

By results of inspection the official renders account ANTKOM on port inspection under the established form which proforma is enclosed to measures on preservation 10-03 (2015). The report goes to all member states ANTKOM.

To system of the port control directly the Measure on preservation 10-05 «documentation System ulovov kind Dissostichus», i.e. klykacha has the relation.

In a preamble of this recommendation it is mentioned the rights and duties of the states of port concerning increase of efficiency of regional trade measures on preservation. According to recommendation item 2 each member ANTKOM takes measures by origin definition klykacha, imported on its territory, or exported with its territory, and to definition of, whether there corresponds practice of conducting a craft klykacha, caught in an operative range of the Convention of 1980, and import in its territory or export from its territory, to measures ANTKOM on preservation.

Each member state ANTKOM demands, that any unloading klykacha in its port and any overload of this fish on its vessels were accompanied by the filled form of registration ulovov. The unloading klykacha without the registration form ulova is forbidden.

According to the Resolution 15/XXII at delivery to vessels of licences for a craft klykacha, both around Convention action, and in the high sea member state should demand, that the vessel made an unloading only in those countries into which the documentation System ulovov is completely entered.

The commission on fishery in northern part of Atlantic ocean.

The order of the state port control of foreign fishing vessels in zone neafk is defined in the chapter of V Scheme of the control and compulsion of 2006 of Position of this chapter are applied to unloadings in ports of member states neafk by the fishing vessels having onboard ulov from kinds, caught around action of this Organization by foreign fishing vessels.

G osudarstva should appoint ports in which operations on an unloading and an overload are resolved. The party should inform Secretary neafk till February, 1st of each year the list of such ports. Many subsequent changes in this list are necessary for informing the Secretary of the Commission, at least, 15 days prior to their coming into force. The secretary should place without a delay the list of the appointed ports and any changes to it on official site neafk.

1. An order of the prior notification of calling in port.

The captains of vessels having intention to come into port, should notify competent bodies of port which they wish to use, at least 3 working days prior to an arrival estimated time. However member state can provide other method for the notice, taking into consideration, in particular, distances between areas of a craft and its ports. In that case such state should inform Secretary neafk who is obliged to place this information on official site neafk without a delay. If the vessel unloads own ulov, it is necessary to use data card PSC-1. If the vessel participated in reloading operations, it is necessary to use data card PSC-2. The port state should direct without a delay the data card to the country of a flag of a vessel and the country or the countries of a flag of vessels - of deliverers with which the vessel took part in reloading operations.

2. An approval procedure on unloading or overload realisation.

The state of a flag of the vessel, intending to make an unloading or

Overload or if the vessel participated in reloading operations out of port, the state or the states of a flag of vessels-deliverers, should present acknowledgement by return of a copy of the data card transferred by means of filled part "In", establishing, that: the fishing vessels, intending messages a craft of fish, had enough quota on the declared bioresources; about quantity of resources being onboard, it has been informed when due hereunder and it is accepted in attention at the account of everyone vylova or corresponding trade efforts; the fishing vessels, intending messages a craft, had the permission to a craft in the declared areas; presence of a vessel at the declared area of a craft is confirmed by data of System of monitoring of vessels.

Operations on an unloading or an overload can begin only after permission delivery by competent bodies of the state of port. Such permission should be given out only in the event that from the flag country acknowledgement on legality of a craft is received.

In the absence of acknowledgement the port state can allow to make all or an unloading part, but in that case it should place ulov on storage under the control of competent bodies. Only after reception of acknowledgement from the flag state ulov can be directed on sale, transfer or transportation. If in a current of 14 days from the moment of an unloading acknowledgement is not received, the port state can confiscate ulov and dispose of it according to the national legislation.

The port state should notify without a delay Secretary neafk on the decision to resolve or not to resolve an unloading or an overload by transfer of a copy of the data card with properly filled part of the appendix "With". Secretary neafk is obliged without a delay to place this information on an official site of this Organization.

3. An order of carrying out of inspection.

Inspections should be spent by the authorised persons of member state neafk well knowing the recommendations, accepted by this Organization. Prior to the beginning of check the inspector should show to the ship master the corresponding identification card. The port state can invite inspectors of other member state to accompany their own inspectors and to observe of check of operations on an unloading or an overload of the fish resources caught by foreign fishing vessels.

Each member neafk should inspect, at least, 15 % of unloadings or overloads in the ports within each fiscal year.

Inspections should mention the control of all unloading and an overload and to carry out cross check between quantities by kinds of the bioresources, written down in the prior notification of an unloading, and quantities by kinds of the bioresources, unloaded or overloaded. After end of an unloading or an overload the inspector is obliged to check up and note quantity by kinds of the bioresources remaining onboard. All possible efforts should make the inspector to avoid an excessive delay of a vessel and to guarantee, that the vessel will have the minimum losses and inconveniences and that deterioration ryboproduktsii will not be admitted.

4. Duties of the ship master.

The ship master should promote fast both safe planting and disembarkation of inspectors by granting of an onboard gangway. It is obliged to co-operate with inspectors and to help them at vessel check; not to interfere, not to threaten and not to stir to inspectors in execution of their duties; to provide the admission to any sites, decks and vessel premises, ulovu (processed or not), to networks or other tools lova, to the equipment and any information or documents which the inspector will consider necessary to receive. On demand of the inspector the captain gives it copies of documents, a food and a premise.

5. Inspection official reports.

Each check should be zadokumentirovana by drawing up of the inspection official report of the state port control. The inspection official report can be supplied by comments and in the end of check should be signed inspectors and the captain. The copy of the inspection official report should be handed over the captain of a fishing vessel and the country or the countries of a flag of vessels - of deliverers if the vessel took part reloading operations, and to Secretary neafk.

The scheme of the control and compulsion neafk defines sequence of actions at detection of infringements. According to document item 28 if inspectors consider, that a foreign fishing vessel, was engaged what or the activity contradicting positions of the Scheme of the control and compulsion and other recommendations neafk they should: to note infringement in the inspection official report; to take all necessary measures, to guarantee safety and integrity of proofs for the subsequent check in port; for rendering of assistance to member state neafk in infringement investigation immediately to try to contact the inspector or the appointed body of the country of a flag of a surveied vessel.

Each member should consider and react to the official reports received from inspectors of member states neafk, according to the control and compulsion Scheme and on the same basis, as on official reports from its own inspectors. Members neafk should co-operate to promote the judicial or other trial resulting from the official report, presented by the inspector.

According to item 29 of the Scheme of the control and compulsion by gross infringements are: conducting a craft without the valid permission which have been given out by the state of a flag of a vessel - member neafk; conducting a craft without a quota; application of the forbidden tool lova; repeated infringement; an unloading and an overload in the appointed port; a fake or concealment of marks, recognition symbols or registration of a fishing vessel; concealment, a fake or disposal of the proofs connected with investigation; maintenance with any foodstuffs, fuel or other service of vessels which are brought in NNN lists.

All these infringements are pursued by the national legislation of the state of a flag of a vessel. The Russian Federation, being member neafk, has incurred obligations on performance of the actions provided by the chapter V

Control and compulsion schemes «State port control of foreign vessels» in the edition accepted on 25 sessions neafk [162].

At 30th session neafk in November, 2011 the chapter of V Scheme of the control has been added by positions about requirements to vessels of member states which assume to come into ports. Basically, these requirements are taken from the Agreement of Fao on measures of the state of port under the prevention, restraint and liquidation NNN of a craft of 2009

The international commission on preservation of the Atlantic tunas.

In 1997 IKKAT «the Reviewed system of port inspections» which has become effective on June, 13th, 1998 the Purpose of this document has approved the Recommendation 97-10 — to unify system of national port inspections.

Recommendation substantive provisions are reduced to the following.

1. Inspections should be spent by the corresponding authorities of member states IKKAT which in the ports, without any discrimination, will supervise observance of the measures accepted by the Commission, on preservation of all kinds of tunas and tuntsovyh kinds. At control of foreign vessels, it is necessary, that inspectors of the state of port showed the identification card.

2. In case of obvious infringement from a foreign vessel, the inspector constituted the report on inspection under the standard form which is available in the Commission or under the form, prepared by the national government which is intended for gathering of the similar information on quality. The inspector should sign the report in the presence of the ship master who has the right to add any remark in the report and to put the signature. The inspector should notice in the logbook that inspection has been spent. Copies of this form should be sent the state of a flag of a vessel and to Secretary IKKAT within 10 days. In case of infringement from a vessel interstate procedures of registration of the documentation which also should give the information of the same quality, as standard form IKKAT were carried out.

3. The inspector can survey fish, trade tackles, samples of fishes and the corresponding documentation, including trade magazines and the cargo declaration to confirm observance of measures IKKAT. From the ship master it is required, that it assisted the inspector. However inspections should be spent so that the vessel tested the minimum hindrances and inconveniences and that it (i.e. inspection) did not lead to deterioration of fish.

4. Member states IKKAT consider reports and is obliged to take measures on the basis of reports of foreign inspectors on obvious infringements on the same bases, as in case of the report of national inspectors according to their national legislation. Member states IKKAT co-operate according to the legislation with a view of assistance to judicial or other trial by results of reports of inspection IKKAT.

5. In a case when obvious infringement takes place, the flag state should notify IKKAT on the actions undertaken for elimination of this infringement.

6. All member states IKKAT should inform captains of the vessels who led a craft of tunas and tuntsovyh kinds, on these rules. Captains are obliged to co-operate with inspectors in national and foreign ports.

7. Member states IKKAT which vessels come not only into the, but also in other ports, and unloaded or overloaded there ulov, can send the inspectors for inspection of the vessels about observance of rules of the Commission, preliminary having received the invitation from the port state in which inspection was spent. Besides, to members IKKAT the considered document suggests to conclude bilateral agreements (arrangements) which would provide programs of an exchange of inspectors, such agreements should promote cooperation, information interchange and training of inspectors of each of the parties in the field of strategy and operations which promoted observance of measures IKKAT on storekeeping. National reports of the states should include the description of such programs.

The Russian Federation, being member IKKAT, in the given Recommendation did not participate.

At 22nd session IKKAT in 2011 Procedure on inspection by the state of port and the Measure of the state of port under the prevention, restraint and liquidation NNN of a craft is developed and approved.

According to Procedure on inspection by the state of port inspectors should: to make sure that onboard vessels there are identification documents and the truthful information on the proprietor of a vessel, including contact data about the state of a flag or about the international signal vessels; to make sure that the flag of a vessel and identifying signs (namely the vessel name, registration number, number IMO, the international call sign and other data) coincide with the data stated in documents; to make sure that the vessel is authorised to carry out a craft and data completely coincide with what are specified in the form of the report on port inspection; to analyse whenever possible, all other documents and reports, including what are in the electronic data card and System of monitoring of the vessels, received from the flag or Secretary IKKAT state or corresponding RFMO. The documentation should include the logbook, data about ulovah, an overload of production and the document on trade ryboproduktsiej, the master roll, the warehousing scheme, the description of holds for storage of fish and documents which are provided by the Convention on international trade rare and vanishing species of flora and fauna of 1973; to examine, whenever possible, tools lova, including any cleaned tools lova and, whenever possible, to be convinced that corresponds to the declared conditions. Tools lova should be cleaned and sealed, and the sizes jachei and length of tools lova to correspond to descriptions and craft rules, and that their marks should korrespondirovatsja with vessel marks; to define, whenever possible, whether fish being onboard is lawfully caught; to examine fish being onboard and to define its quality and structure. In addition inspectors can open containers in which there is a packed fish and to define, whether it is made of similar fish. Such survey can include inspection of type of production and definition of nominal weight; to define, whether vessel NNN was engaged in a craft or did not assist such craft; to acquaint the ship master, including the ship-owner, with the report on inspection check. The copy of the signed report should be transferred the captain of a surveied vessel. The captain has the right to make to it any additions, comments or objections; to contact with the authorised person of the state of a flag if it had complexities in understanding of the maintenance of the report of the inspector; to agree, if it is necessary and is possible, about transfer of corresponding documents.

The form of the report consisting of 26 points is enclosed to Procedure of inspection by the port state.

22nd session IKKAT in November, 2011 has considered the project of the Recommendation about measures of the state of port under the prevention, restraint and liquidation NNN of a craft and, as a whole, has approved it. The given document consists of 22 sections and the appendix.

Let's short consider its substantive provisions.

In the Recommendation definition to such concepts, as fish, the fishery, the activity connected with a craft, port, an illegal, not informed and noncontrollable craft, the regional organisation on management of fishery, a vessel is made.

The recommendation purpose consists in prevention, restraint and liquidation NNN of a craft around action IKKAT by application of effectual measures of the state of port and thus maintenance of long-term preservation and steady use of sea live resources and sea ekosistem.

Each member state IKKAT applies the present Recommendation concerning vessels, not representatives is under its flag and enquiring access to its ports or being in one of its ports, behind an exception: vessels of any next state in length less than 12 metres or less than 20 brt., engaged in a domestic industry provided that the mentioned state of port and the flag state co-operate with a view of that maintenance that these vessels have not been occupied NNN by a craft or the activity connected with a craft in support of such craft; vessels which do not transport fish or in case of transportation of fish only that which has been unloaded earlier provided that there are no obvious bases to assume, that these vessels have been occupied by the activity connected with a craft in support of NNN a craft.

Each state integrates or co-ordinates measures of the state of port concerning fishery with wider monitoring system the port state. This system will integrate measures of the state of port with other measures on prevention, restraint and liquidation NNN of a craft. It will take measures on information interchange between corresponding national bodies and to co-ordinate their activity on Recommendation performance.

Each member state IKKAT wishes to guarantee calling in the nominated ports of vessels. It within 2 months from the date of the introduction of the given Recommendation into force informs Secretary IKKAT the list of the nominated ports for calling of foreign vessels. The secretary creates and leads the register of such ports and hangs out it on official site IKKAT.

Each state has the right to demand from the ship master or the authorised representative to give the information under the form enclosed to the Recommendation 72 hours prior to calling in port. This term can be increased or reduced depending on type and the sizes of a vessel.

After reception of the corresponding information the vessel can come into port. If it has come into port the port state should make sure that the vessel has decided to use port for an unloading, overloads, packings and processings of fish which was not unloaded earlier and for other port service, including besides other, replenishment by fuel and stocks, repair and statement in dry dock.

Each state of port at inspection carrying out in the ports: provides, that inspection was spent by the inspectors having corresponding qualification for these purposes; provides, that before carrying out of inspection inspectors showed to the ship master

The corresponding document identifying inspectors, as those; provides, that inspectors checked all corresponding premises on a vessel, fish being onboard, networks and any other tools lova, the equipment and any document or the records which are available onboard with a view of the certificate, that they correspond to measures on preservation and management IKKAT; demands from the ship master of granting to inspectors of all necessary assistance and the information, and also granting of corresponding materials and documents who can be demanded, or their certificated copies; in case of corresponding arrangements with the state of a flag of the given vessel, suggests the flag state to participate in inspection; Makes all possible efforts for avoiding of an unreasonable delay of a vessel for the purpose of data to an intervention and inconvenience minimum, including any presence of inspectors onboard, not caused by necessity, and also avoidance of action which could affect negatively quality of fish onboard; provides, that inspections were spent fair, opened and not in the discrimination image and did not represent irritating actions concerning any vessel; also does not interfere with possibility of the captain according to international law contacts the authorities of the state of a flag.

Results of each inspection should be documented in the form of the report of the inspector under the form enclosed to the Recommendation.

The port state transfers a copy of the inspection report to the state of a flag and in Secretary and, how much it is possible, to those states, for which

There is a proof by results of inspection, that the given vessel has been occupied NNN by a craft or the activity connected with a craft in support of such craft in the waters which are under their national jurisdiction; to the state which citizen is the ship master; corresponding RFMO.

Each member state IKKAT orders to the vessels, having the right to float under its flag, to co-operate with the state of port of other state-participant during realisation of the inspection spent according to the Recommendation.

Each state-participant provides, that the measures applied to vessels, having the right to be under its flag, were at least as are effective for prevention, restraint and liquidation NNN of a craft and the activity connected with a craft in support of such craft.

This Recommendation replaces existing to it «the Reviewed system of port inspections IKKAT».

The organisation on fishery in a northwest part of Atlantic ocean.

30th session NAFO in 2009 has approved Rules of conducting the state port control which are included in «Measures on preservation and maintenance of performance of measures» as the separate chapter. These measures are annually reviewed and supplemented. The basic maintenance of these rules is reduced to the following.

In item 46 named «Duty of the Contracting party of the state of port», it is told, that member state NAFO should define ports in which to fishing vessels access for the purpose of an unloading and an overload is resolved. The parties should transfer to the Executive secretary the list of these ports. Last should be notified on any subsequent changes in the list not less than for 15 days before change will come into force. G osudarstvo port should notify Executive secretary NAFO on appointment of competent body and its contact information. However the positions set forth above do not concern that member state which does not resolve an unloading or an overload in the ports to vessels under the flag of other party. The port state should send without a delay a copy of the data card to member NAFO which is the state of a flag of a vessel and member NAFO, being the flag state with which the vessel participated in overload operations.

Unloading or operations on an overload can begin only after competent bodies of the state of port - member NAFO will authorise. Such permission should be given only after reception of acknowledgement from the flag state - member NAFO.

In case of absence of acknowledgement on it the port state can resolve an unloading of all cargo or its part. In such cases unloaded fish should be kept in a warehouse under the control of competent bodies. Fish should be resolved for sale, transfer, production or transportation manufacturing as soon as acknowledgement will be received. If acknowledgement has not been received within 14 days after an unloading, the port state can confiscate and dispose of fish according to the legislation.

The port state - member NAFO should notify immediately the captain of a fishery vessel on its decision concerning the permission to an unloading or an overload by delivery of a copy of data card PSC-1 or PSC-2, filled properly. This copy should be transferred also without a delay to Executive secretary NAFO.

In case of cancellation of the prior notification the port state should send a copy of cancelled data card PSC-1 or PSC-2 the states of a flag and to Executive secretary NAFO. If there will be no other requirements, the port state - member NAFO should spend inspections, at least, 15 % of all such unloadings or overloads within each fiscal year.

Inspections should be spent by the authorised inspectors of member states NAFO who before survey should present to each vessel udostoveritelnye documents.

G osudarstvo port can invite the inspector of other member states NAFO to accompany own inspectors and to observe inspections of an unloading or overload operations.

Inspection should include the control of all unloading or an overload in this port. Thus the port state should, at least:

To carry out cross check concerning quantity of each unloaded both overloaded kind and quantity of the kinds registered in trade magazine; the report about vylove and trade activity; all information about ulovah presented to the prior notification;

To check and write down size ulova by the kinds which have remained onboard after end of an unloading or an overload;

To check any information of inspection checks;

To check up all networks onboard and to write down measurements of the size of networks;

To check up length of fish on conformity with requirements of the trade

Measures;

Each inspection should be documentary confirmed by filled data card PSC-3 (the inspection data card of the state port control). Inspectors can bring any comments as which they consider relevant. They should sign the report and ask, that the report has been signed by the captain. The captain can insert any comment as which he considers relevant. The report copy should be given out the captain. The port state should transfer without a delay a copy of each inspection report of the state port control, on demand, the original or a copy to the flag state - member NAFO and to the state of a flag of any vessel which overloaded ulov on the prosurveied fishery vessel.

The port state - member NAFO should undertake all possible efforts in order to avoid an unjustified delay of a fishery vessel and guarantee, that the vessel tests the minimum intervention and inconvenience and that will not be admitted unforeseen deterioration of fish.

G osudarstvo a flag, being member NAFO, should guarantee, that the captain of any vessel, having the right to bear its flag, operates according to the obligations defined by the chapter of V Scheme.

The state of a flag of the trade vessel, intending to unload or overload or when the vessel is hired for reloading operations outside of port of the state of a flag - member NAFO or other members of this Organization, should by return of a copy of data card PSC-1 or PSC-2 with correctly filled part of the appendix "In", to confirm, that:

The trade vessel which has declared vylov of fish, had a sufficient quota on vylov the specified kinds;

The declared quantity of fish onboard has been correctly transferred by kinds and specified for calculation of restrictions of any ulova or efforts which can be applied;

The declared quantity of fish onboard has been correctly transferred by kinds and specified for calculation of restrictions of any ulova or efforts which can be applied.

It is necessary to notice, that as Russia is member NAFO it observes the specified requirements. The contact point from a Russian side appoints Barentsevo-Belomorsky territorial administration Rosrybolovstva. This management receives from captains of foreign vessels of the notice on desire to make an unloading in the appointed Russian port and enquires of corresponding body of the state of a flag of a vessel (member NAFO) the information for decision-making on the permission to carrying out of operations on unloadings foreign vessels ulovov the sea live resources, extracted (caught) around action NAFO. To checks by officials Rosrybolovstva is exposed not less than 15 % of unloadings or overloads of foreign vessels in corresponding ports within a year. Checks should be zadokumentirovany by drawing up of the inspection report according to data card PSC-3. The copy of the inspection report should be handed over the captain of a checked vessel, and also without a delay is transferred the state of a flag of a surveied vessel, Secretary NAFO, and also Rosrybolovstvu.

The commission on tunas of Indian ocean.

In 2011 IOTK has approved the Resolution 10/11 about measures of the state of port under the prevention, restraint and liquidation of an illegal, not informed and noncontrollable craft which has become effective on March, 1st, 2011

In a preamble of this Resolution deep concern proceeding NNN by a craft around action IOTK which influences a condition of stocks, sea ekosistemu and maintenance with fish of the small island states, and also on food safety of region is expressed. In the document proves to be true, that the main responsibility for NNN a craft is born by the flag states, and they should exercise jurisdiction according to international law, including measures of the state of port, a measure of the coastal state and a measure on the termination of trade illegal ryboproduktsiej.

Member states IOTK recognise for themselves as legally obligatory the Agreement on measures of the state of port under the prevention, restraint and liquidation NNN of a craft of 2009

Further in the Resolution preamble proves to be true, that the states carry out the sovereignty over the ports located in their territory and thereupon the states have the right to approve more strict measures corresponding to international law.

The considered document consists of 7 sections and appendices which inspection procedures concern.

Regarding 1 the conceptual device contains. In particular, the term "port" includes offshore terminals and other constructions intended for loading, an overload, warehousing and supply of vessels.

The resolution purpose is the prevention, restraint and liquidation NNN of a craft with the help implementatsii effectual measures of the port control and maintenance of preservation and steady use of these resources and sea ekosistem.

According to a part 2 each co-operating member state IOTK appoints and publishes the list of ports into which fishing vessels can enter. The list of such ports should go annually till December, 31st to Secretary IOTK. This list takes places on an official site of the Commission.

After reception of the corresponding information that the vessel was not engaged NNN in a craft, the port authorities of the state resolve an input of such vessel in port.

In default on calling of a vessel member state IOTK informs on the decision to the state of a flag of the given vessel and, if necessary and how much it is possible, to corresponding coastal states, and also Secretary IOTK. Last can direct this information to secretaries of others RFMO.

If competent bodies of member states have good causes to believe, that a vessel enquiring the permission to calling in port, has been occupied NNN by a craft or activity in support of such craft, or is in list NNN of vessels accepted RFMO according to rules and procedures of such organisation and according to international law such state refuses to a vessel in calling in its ports.

Despite the above-stated, member state IOTK can resolve calling in the ports to a vessel exclusively with a view of carrying out of inspection of the given vessel and acceptance of other corresponding actions according to international law which, at least as are effective in prevention, restraint and liquidation NNN of a craft and the activity connected with a craft in support of such craft, as well as refusal on calling in port.

If the vessel has come into port competent bodies can forbid an unloading, an overload, packing and processing of fish which it was not unloaded earlier if member state IOTK: will find out, that the given vessel has no operating and applicable permission to conducting a craft or the activity connected with it; finds out, that the given vessel has no operating and applied permission to conducting a craft or the activity connected with a craft, demanded by the coastal state for the areas which are under national jurisdiction of the given state; receives the obvious proof of that fish being onboard has been caught in infringement of operating requirements of the coastal state concerning the areas which are under national jurisdiction of the given state.

Despite stated above position, member state does not refuse to a vessel in using port services: having essential value for safety or health of crew or for safety of a vessel provided that such requirements are properly confirmed, or in corresponding cases, for vessel recycling on demolition.

Section 4 of the Resolution 10/11 regulates procedure of inspection and the subsequent actions.

Each member state IOTK surveies at least 5 % of vessels a year. At carrying out of inspections in the ports such state: provides, that inspections were spent by the inspectors having corresponding qualification and representatives for the given purpose; provides, that before carrying out of inspection inspectors have shown to the ship master the corresponding document certificating inspectors as of those; demands from the ship master of granting to inspectors of all necessary assistance and the information, and also a presentation of corresponding materials and documents who can be demanded, or their certificated copies; make all possible efforts for assistance of communication with the captain or the senior command structure of crew, including if it is possible and it is necessary, support of the inspector by the translator; Provides, that inspections were spent by the fair, open and not discrimination image and would not represent itself irritating actions concerning any vessel; and

Does not interfere with possibility of the captain according to international law to contact the authorities of the state of a flag.

Each member state transfers results of inspection to the state of a flag of a surveied vessel and if it is pertinent: to corresponding parties and the states, including those states for which there is a proof by results of inspection that the given has miraculously been occupied NNN by a craft or the activity connected with a craft in support of such craft in the waters which are under their national jurisdiction, and the state which citizen is the ship master.

Secretary IOTK should transfer immediately the report of the inspector corresponding RFMO and to place the report on an official site of the Commission.

According to a part of 5 Resolutions 10/11 each member state IOTK orders to the vessels, having the right to be under its flag, to co-operate with the state of port during inspection.

If the surveying party has the obvious bases to believe, that the vessel, having the right to be under its flag, has been occupied NNN by a craft or the activity connected with a craft in support of such craft and enquires calling or is in port of other state the given Party if necessary enquires this state about inspection of the specified vessel about acceptance of other measures.

Section 7 concerns Secretary ITOK duties. In particular, it should place on official site IOTK the list of the resolved ports for calling of vessels; data on competent bodies of each port; a copy of the form for filling of the report of port inspection IOTK. Besides, Secretary IOTK is obliged to direct inspection reports corresponding RFMO.

To the Resolution 10/11 are enclosed: the list of the information which before calling the vessel should present to port; the instruction about procedure of carrying out of inspection; a proforma of the report of port inspection; a management about training of inspectors; the questionnaire on performance of the Agreement on measures of the state of port under the prevention, restraint and liquidation NNN of a craft of 2009

The general commission on fishery in Mediterranean sea.

The basic standard legal act accepted GFKM, the Recommendation 39/2015/3 about an establishment of a complex of measures under the prevention, restraint and liquidation NNN of a craft of a halibut in Black sea is.

Member states GFKM and co-operating kept back parties GFKM should accept as priority appropriate control measures for the prevention, restraint and liquidation of an illegal, not informed and noncontrollable craft of a halibut in Black sea.

The vessels leading a craft of a halibut in Black sea, should be authorised to carry out certain kinds of fishery activity only according to the valid fishing permission which should define specifications at which such activity can be spent.

Co-operating kept back parties GFKM should lead the updated register of such permissions and not later than 31 on th of January each year to give in Secretary GFKM the list of all vessels using ground branchiate networks and authorised to catch a halibut. On demand the co-operating kept back parties should inform the information on such vessels. The authorised vessels should give quarterly to Secretary GFKM the entire account about the fishery activity, including operational days, operational areas and volumes vylova a halibut.

The co-operating kept back parties should guarantee, that all ground branchiate networks involved on vylove of a halibut, are evidently identified. The database used by all coastal states should be created. Vylov a halibut not identified ground branchiate networks should be forbidden.

Each co-operating kept back party should take necessary measures by definition of points of an unloading of a halibut in Black sea. Such port should answer following conditions: certain time and an unloading and overload place; full inspection inspection during all process of an unloading and an overload. Not later than November, 30th of each year the co-operating kept back parties should transfer to Secretary GFKM the list of points of an unloading of a halibut. According to the Recommendation 39/2015/3 it is necessary to forbid an unloading and an overload from fishing vessels of any quantity of the halibut caught in Black sea in other place, differently as in certain points of an unloading.

The co-operating kept back parties should establish national plans of the control and supervision for implementatsiej positions of this recommendation, taking into account the appropriate and exact control monthly ulovov and-or fishing effort. Under the specified plans, and also applied concerning infringers of sanctions the co-operating kept back parties should report to Secretary GFKM.

The European union.

As already it was marked earlier, in September, 2008 EU Council has approved Regulations about system of prevention NNN of a craft in which the considerable attention is given inspection of fishing vessels of the third countries in ports of member states.

Member states of EU should define port or places near to coast where the unloading or an overload of fish production and rendering of port services is authorised. The states should direct to Eurocommission not later than January, 15th of each year the list of certain ports. The commission should publish immediately the list of such ports in «Official magazine of EU» and on the official site.

Captains of fishing vessels of the third countries and their representatives should inform competent bodies of EU member state, on the desire to take advantage of port, at least, 3 working days prior to an estimated time of arrival in port and to specify following data: a specification on a vessel; the name of the established port of destination and the calling purpose; who gives out the permission to craft conducting; terms of trade flight; settlement date and an arrival time to port; area or areas where the craft was led; quantity of each kind which is coming under to an unloading or an overload.

The permission to access to port only then if it gives the full information on and if it has onboard the kinds of live sea resources extracted legally is given to a fishing vessel of the third country. The port state can resolve to a vessel calling in port and a full or partial unloading in those cases if from such vessel the incomplete information has arrived. However sale of live sea resources should be resolved, is equal as transfer and delivery if the fullest information arrives. Member states of EU should spend in the authorised ports of inspection, at least, 5 % of operations on an unloading and loading by fishing vessels of the third country.

In any case of inspection following fishing vessels come under: noticed in NNN a craft; about which the message within the limits of the notice on system of the notification of EU about alarm has been given; revealed by the Commission as presumably engaged NNN a craft; included corresponding RFMO in the list of the vessels which are engaged NNN in a craft.

The officials spending inspection, should be able examine all corresponding premises of the fishing vessel, processed and processed ulov, networks and other tools lova, the equipment and any relevant documents. Officials can interrogate also those persons who can have the data which are a subject of inspection.

The inspection purpose consists in tracing of all operations on an unloading and loading and includes cross verification of quantity by kinds from the previous message on an unloading with unloaded or overloaded quantity by kinds of sea live resources. Officials should sign the report on inspection in the presence of the captain of a fishing vessel. Everyone should have a right to add or suggest to add any information as which he will consider pertinent.

The copy of the report on inspection is transferred to the captain of a fishing vessel who can direct to its ship-owner.

The captain should assist in inspection of a vessel and should not interfere with officials in performance of the duties by them.

If the information received during carrying out of inspection, is the certificate of for the official that the fishing vessel led NNN a craft that it should: to register prospective infringement in the report on inspection; to undertake all necessary actions for maintenance of safety witness data about such prospective infringement; immediately to direct the report on inspection to the competent authorities.

If the result of inspection will contain in a case data that the fishing vessel of the third country led NNN a craft, the competent authorities of the state of port - a member of EU should not authorise such vessel to unload or overload the ulov.

The surveying EU member state should notify immediately Eurocommission or the body appointed her on the decision not to resolve carrying out of an unloading or loading works, having put a copy of the inspection report. The commission or the body appointed it should transfer immediately it to the competent authorities of the state of a flag of a checked fishing vessel, having directed a copy to the state of a flag or the flag state from which cargo when the surveied fishing vessel overloaded production arrives.

In cases when prospective infringement took place in the high sea, the port state - a member of EU should co-operate with the flag state at carrying out of investigation and, in necessary cases, should apply the sanctions provided in the legislation of this state of port - a member of EU provided that according to international law, this state of a flag has obviously agreed on transfer of the jurisdiction. Besides, in cases when prospective infringement took place in sea waters of the third country, the port state - a member of EU also should co-operate with the coastal state in carrying out of investigation and, in necessary cases, should apply the measures provided by the legislation of this state of port - a member of EU provided that according to international law this coastal state has definitely agreed on transfer of the jurisdiction.

According to the Governmental order of the Russian Federation from February, 2nd, 2010 № 35 «About separate questions of Federal agency on fishery» Rosrybolovstvo is the authorised body which is carrying out interaction from EU at realisation of positions of Regulations of EU, including concerning the port control.

The government of the Russian Federation the Decision from May, 27th, 2011 № 427 «About modification of point 3 of the Governmental order of the Russian Federation from February, 2nd, 2010 N 35» has charged Rosrybolovstvu to develop an order of filling and delivery of the document confirming, that fish and other production from water bioresources was not exposed in port to other operations, except an unloading, an overload or any operation intended for its preservation in an initial condition and remained under the supervision of competent bodies of the Russian Federation.

The European union has developed general rules of carrying out of inspections for prevention of an overexploitation of live sea resources which will allow to track a way of fish «from a trawl to a plate», i.e. from the moment of it vylova till the retail moment to the final buyer.

Rules will include the new monitoring system and the supervision, providing punishments for their infringements depending on their weight, on mark system. In the event that the vessel types more than certain quantity of points it loses the licence for a craft. All EU member states having own bodies of the control and supervision, have agreed on integration of a universal quality monitoring and the reporting with a view of effective struggle with NNN a craft.

In the beginning of 2016 of EU has approved Regulations «About bases of steady management of external fishing fleet», developed for the purpose of increase of efficiency of struggle with NNN a craft.

«The external fishing fleet» in Regulations of 2016 is understood as two categories of vessels:

The vessels of EU leading a craft outside of sea waters of EU (i.e. in IEZ and-or a continental shelf of other states, in the high sea, in areas of regulation RFMO);

The foreign trade vessels leading a craft or coming with other purposes in sea waters of EU, including in seaports.

The basic changes will concern process of reception by vessels under the flag of EU member state permissions to conducting a craft outside of sea waters of EU: for permission reception after coming into force of the given Regulations additional data about vessels of their supply serving should give such vessels except standard blocks of the information, without dependence from that they are vessels of EU or not; the requirement about presence of number IMO both at the most trade vessel and at corresponding vessels, its serving becomes the obligatory requirement for permission reception; letters rogatories will be entered for the vessels which have recently replaced a flag of the third country on a flag of EU.

Also the Regulations of 2016 confer additional powers of Eurocommission: directly to cancel the permissions which have been given out by member state to a vessel under its phage if she considers, that the state does not carry out action for monitoring and the control over the vessels in appropriate way; to confirm given out by the flag state, being member of EU, the permission, to craft conducting in the high sea.

In that, as to trade vessels of the states - non-members of EU, but carrying out activity (a craft, transportation of fish production) in EU waters, the basic change concerns conditions of reception of the permission. In particular, the obligatory requirement of presence of number IMO, both for the vessel, and for its all vessels serving is entered, besides, the vessel should not be under the flag of the state included in the list of not co-operating third states.

Thus, using positions of Regulations of 2016, and the position as leading world importer of fish production and basic donor of developing countries, EU gradually expands spatial sphere of application of the general European policy in the field of struggle with NNN a craft, at the expense of inclusion in this mechanism of the increasing quantity of the states which are not members of EU.

The state port control in the Russian Federation in areas of action RFMO.

With a view of strengthening of measures of counteraction NNN to a craft in conventional area of action NAFO and neafk, in a part, concerning the State port control orders Rosrybolovstva № 60 from January, 30th, 2008 «About modification of the order of the State committee of the Russian Federation on fishery from April, 30th, 2008 № 375» and № 162 from February, 20th, 2008 «About measures on realisation of the chapter of V Scheme of the control and compulsion of the Commission on fishery in a northeast part of Atlantic ocean» Barentsevo - to Belomorsky and West Baltic territorial administrations

Rosrybolovstva it is entrusted to provide performance of the actions provided by the chapter V «G osudarstvennyj the port control» Control measures and compulsion NAFO and the chapter V «G osudarstvennyj the port control» control and compulsion neafk Schemes.

Heads specified above territorial administrations

Rosrybolovstva have issued the orders defining a mode of operation of officials on maintenance of the State port control.

The state port control is carried out now behind the vessels which are engaged in a craft in northern part of Atlantic ocean.

Production made of sea live resources, extracted by the Russian vessels around action neafk and around action NAFO, in 2015 was unloaded overloaded) in six states.

Thus the unloading ryboproduktsii is authorised the port authorities only to vessels on which they have received acknowledgement of supervising bodies of the state of a flag on legality of the extracted resources.

Since January, 1st, 2009 with a view of strengthening of counteraction NNN to a craft around regulation NAFO in member states rules G osudarstvennogo the port control also have been entered.

Powers on realisation of the scheme of the State port control in Russia are carried out by Barentsevo-Belomorsky territorial administration Rosrybolovstva.

In 2015 the given Management had been processed 917 data cards (in 2014 a stage the figure has constituted 827 data cards), six foreign states which have arrived from control bodies (Iceland, Spain, Canada, Norway, Faeroes, the Netherlands). Legality check vylova proceeding from the analysis and comparison of the information on the given out permissions to extraction (vylov) the water bioresources, the vessels given satellite positioning with use of possibilities of branch system of monitoring of water bioresources, supervision and the control over activity of trade vessels, and also the periodic information on results of the craft, represented by captains of vessels and ship-owners has been made. By results of processing coordination of unloadings by the Russian vessels in foreign ports on total amount of 484 031,27 tons ryboproduktsii (in 2014 are directed - 452 029 tons), all coordination are directed foreign bodies with observance of target dates (72 hours). At the same time it has been given up in acknowledgement of 5 data cards (in 2014 - 5) [163].

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A source: Bekjashev Damir Kamilevich. MODERN INTERNATIONAL LEGAL PROBLEMS of FISHERY. The dissertation on competition of a scientific degree of the doctor of juridical science. Moscow -. 2017

More on topic §4. The control of vessels in ports as the important element of prevention NNN of fishing:

  1. §3. A role of the state of a flag in prevention NNN of fishing
  2. §1. Concept and principles of struggle with NNN fishing
  3. §6. Cooperation of the foreign states in struggle with NNN fishing
  4. §2. International legal means of struggle with NNN fishing
  5. § 5. Cooperation of the Russian Federationin struggle with NNN fishing
  6. CHAPTER 2. INTERNATIONAL LEGAL STRUGGLE With ILLEGAL, not INFORMED And NONCONTROLLABLE (NNN) FISHING
  7. §3. International legal problems of repatriation of members of crews of fishing vessels
  8. §1. Features of international legal regulation of work of members of crews of fishing vessels
  9. §4. Features of the international and national-legal regulation of work of foreign members of crews of fishing vessels
  10. CHAPTER 4. INTERNATIONAL LEGAL REGULATION of WORK of MEMBERS of CREWS of FISHING VESSELS
  11. §2. Rather-legal analysis of international legal and national norms about work of members of crews of fishing vessels