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Published: December 3, 2009
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On November 22, 2009, the Food and Agriculture Organization of the United Nations (FAO) adopted and opened for signature the "Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing." The Agreement breaks new ground as the first global, legally-binding instrument that is specifically designed to address IUU fishing through actions by port States. The overarching objective of the Agreement is to make IUU fishing more costly and more risky for those who continue to undermine effective fisheries management. By recognizing the key role that port States play in the movement of IUU fish around the world, and the necessity for international cooperation and information sharing to address this global issue, the Agreement represents a significant step forward in the global effort to combat IUU fishing.
Through this Agreement, States and other entities will commit to take measures to strengthen their ports against IUU fishers and to enhance port state measures through flag State control, including by:
* Requiring foreign fishing vessels seeking entry into their ports to provide certain information on their activities and the fish they are carrying prior to entering into port, thereby helping port State authorities detect potential IUU activity and product in advance;
* Conducting regular inspections of foreign fishing vessels that enter their ports, carried out in accordance with standards outlined in the Agreement.
* Ensuring that ports have sufficient capacity to conduct inspections pursuant to this Agreement and that inspectors are properly trained;
* Denying vessels port entry, and access to certain port services, where there is sufficient proof that a vessel has been engaged in IUU fishing, in particular where the vessel appears on an IUU vessel list established by a regional fisheries management organization, except that States may allow such vessels to enter port for the purposes of conducting an investigation or taking other enforcement action;
* Notifying the flag State and, as appropriate, other relevant States and international organizations of any decision to deny a foreign vessel port entry or access to port services pursuant to the Agreement, thereby triggering flag State obligations to take certain follow-up actions;
* Requiring their flagged vessels to cooperate with port State inspections carried out pursuant to the Agreement, and ensuring that measures they apply to their flag vessels are at least as effective in addressing IUU fishing as those applied to foreign vessels;
* Creating information-sharing networks to let countries share details on IUU vessels and other information of relevance to the implementation of the Agreement; and
* Implementing provisions of the Agreement intended to assist developing countries in meeting their treaty obligations.
Delegates of 91 FAO member countries concluded two years of negotiations on the Agreement last August. The Agreement was concluded under Article XIV of the FAO Constitution and was formally adopted by the FAO Conference. It is now open for signature and will enter into force 30 days after the 25 th ratification is received by the Director-General of the FAO. The Agreement has already been signed by: Angola, Brazil, Chile, the European Community, Japan, Indonesia, Norway, Samoa, the United States, and Uruguay. The four negotiating sessions to produce the Agreement were funded by Australia, Canada, New Zealand, Norway, and, on behalf of the U.S. Government, the NOAA Fisheries Office of International Affairs.
source: NOAA Fish News
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EmailOn November 22, 2009, the Food and Agriculture Organization of the United Nations (FAO) adopted and opened for signature the "Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing." The Agreement breaks new ground as the first global, legally-binding instrument that is specifically designed to address IUU fishing through actions by port States. The overarching objective of the Agreement is to make IUU fishing more costly and more risky for those who continue to undermine effective fisheries management. By recognizing the key role that port States play in the movement of IUU fish around the world, and the necessity for international cooperation and information sharing to address this global issue, the Agreement represents a significant step forward in the global effort to combat IUU fishing.
Through this Agreement, States and other entities will commit to take measures to strengthen their ports against IUU fishers and to enhance port state measures through flag State control, including by:
* Requiring foreign fishing vessels seeking entry into their ports to provide certain information on their activities and the fish they are carrying prior to entering into port, thereby helping port State authorities detect potential IUU activity and product in advance;
* Conducting regular inspections of foreign fishing vessels that enter their ports, carried out in accordance with standards outlined in the Agreement.
* Ensuring that ports have sufficient capacity to conduct inspections pursuant to this Agreement and that inspectors are properly trained;
* Denying vessels port entry, and access to certain port services, where there is sufficient proof that a vessel has been engaged in IUU fishing, in particular where the vessel appears on an IUU vessel list established by a regional fisheries management organization, except that States may allow such vessels to enter port for the purposes of conducting an investigation or taking other enforcement action;
* Notifying the flag State and, as appropriate, other relevant States and international organizations of any decision to deny a foreign vessel port entry or access to port services pursuant to the Agreement, thereby triggering flag State obligations to take certain follow-up actions;
* Requiring their flagged vessels to cooperate with port State inspections carried out pursuant to the Agreement, and ensuring that measures they apply to their flag vessels are at least as effective in addressing IUU fishing as those applied to foreign vessels;
* Creating information-sharing networks to let countries share details on IUU vessels and other information of relevance to the implementation of the Agreement; and
* Implementing provisions of the Agreement intended to assist developing countries in meeting their treaty obligations.
Delegates of 91 FAO member countries concluded two years of negotiations on the Agreement last August. The Agreement was concluded under Article XIV of the FAO Constitution and was formally adopted by the FAO Conference. It is now open for signature and will enter into force 30 days after the 25 th ratification is received by the Director-General of the FAO. The Agreement has already been signed by: Angola, Brazil, Chile, the European Community, Japan, Indonesia, Norway, Samoa, the United States, and Uruguay. The four negotiating sessions to produce the Agreement were funded by Australia, Canada, New Zealand, Norway, and, on behalf of the U.S. Government, the NOAA Fisheries Office of International Affairs.
source: NOAA Fish News
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