A guide to the background and implementation of the 2009 FAO Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing

FAO Fisheries and Aquaculture Circular. No. 1074

A guide to the background and implementation of the 2009 FAO Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing


by
David J. Doulman
Senior Fishery Liaison Officer
FAO Fisheries and Aquaculture Department
Rome, Italy

and
Judith Swan
FAO Consultant
Rome, Italy



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Food and Agriculture Organization of the United Nations
Rome 2012

ABSTRACT

Doulman, D.J. and Swan, J. 2012.
A guide to the background and implementation of the 2009 FAO Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing.
FAO Fisheries and Aquaculture Circular No. 1074. Rome, FAO. 165 pp.

In the early 1990s, the international community moved to place emphasis on the use of port State measures as a fisheries management tool. This was because port State measures were seen as a cost-effective and efficient means to curb and combat illegal, unreported and unregulated fishing. It was recognized that using such measures could contribute towards promoting long-term sustainability in fisheries as called for by the 1992 United Nations Conference on Environment and Development, the 2002 World Summit on Sustainable Development and other important global and regional fora including the United Nations General Assembly, FAO Committee on Fisheries, FAO Council and FAO Conference and regional fishery bodies including regional fisheries management organizations and arrangements. This publication commences by tracing the development of port State measures as a fisheries management tool through a review of a number of internationally important instruments. This is followed by a discussion of the process for the conclusion of the 2009 FAO Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing. The structure, examination and analysis of the Agreement are then addressed. Policy, legal and operational checklists for the implementation of the Agreement are presented, followed by a review of capacity development and requirements of developing countries in relation to port State measures. Concerns and challenges to the implementation of the Agreement are highlighted prior to the conclusions. The appendixes to the Circular provide important reference materials related to port State measures. This publication is not intended to be a definitive study on port State measures. Rather, it has been developed specifically to support FAO's capacity-development efforts in port State measures and, as appropriate, to be used as a reference tool for fisheries practitioners and students.

Table of Contents

Preparation of this document
Acknowledgements
Abbreviations and acronyms

1.

THE EVOLUTION OF PORT STATE MEASURES
 

1.1

Introduction
 

1.2

Evolution of global environmental milestones and their impact on international instruments

 

1.3

Post-UNCED fisheries instruments and the progressive development of port State measures as a fisheries management tool

   

1.3.1

1993 FAO Compliance Agreement
   

1.3.2

1995 FAO Code of Conduct for Responsible Fisheries
   

1.3.3

1995 UN Fish Stocks Agreement
   

1.3.4

2001 FAO International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing
   

1.3.5

2005 FAO Model Scheme on Port State Measures
 

1.4

Summary comments

2.

PROCESS FOR THE CONCLUSION OF THE 2009 FAO PORT STATE MEASURES AGREEMENT
 

2.1

Background
 

2.2

Process and difficult negotiation issues
 

2.3

The technical role of FAO in the implementation of the Agreement
 

2.4

Flag State Performance: a complementary issue
 

2.5

Summary comments

3.

STRUCTURE, EXAMINATION AND ANALYSIS OF THE 2009 FAO PORT STATE MEASURES AGREEMENT
 

3.1

Structure of the Agreement

 

3.2

Legal synopsis of the evolving elements of port State measures and innovative areas in the Agreement

   

3.3.1

1993 FAO Compliance Agreement and the 1995 FAO Code of Conduct

   

3.3.2

1995 UN Fish Stocks Agreement

   

3.3.3

2001 FAO IPOA-IUU
   

3.3.4

2005 Model Scheme on Port State Measures
   

3.3.5

Innovative areas in the Agreement
 

3.3

Overview of the framework of the Agreement
 

3.4

Implementing the Agreement: Overview of the Articles of the Agreement
 

3.5

Summary comments

4.

POLICY, LEGAL AND OPERATIONAL CHECKLISTS FOR IMPLEMENTATION OF THE 2009 FAO PORT STATE MEASURES AGREEMENT

 

4.1

Policy
   

4.1.1

General considerations
   

4.1.2

1995 FAO Code of Conduct for Responsible Fisheries
 

4.2

Legislation
   

4.2.1

General considerations
   

4.2.2

Implementation of the Agreement
 

4.3

Operations
   

4.3.1

General considerations
   

4.3.2

Implementation of the Agreement
 

4.4

Summary comments

5.

CAPACITY DEVELOPMENT AND THE REQUIREMENTS OF DEVELOPING COUNTRIES IN RELATION TO PORT STATE MEASURES
 

5.1

Synopsis of capacity-development requirements in post-UNCED fisheries instruments
   

5.1.1

1993 FAO Compliance Agreement
   

5.1.2

1995 FAO Code of Conduct for Responsible Fisheries
   

5.1.3

1995 UN Fish Stocks Agreement
   

5.1.4

2001 FAO International Plan of Action to Combat Illegal, Unreported and Unregulated Fishing
   

5.1.5

2005 FAO Model Scheme
   

5.1.6

2009 FAO Agreement on port State measures
 

5.2

FAO initiatives to promote capacity development in port State measures
 

5.3

Summary comments

6.

CONSTRAINTS AND CHALLENGES TO THE IMPLEMENTATION OF THE 2009 FAO PORT STATE MEASURES AGREEMENT
 

6.1

Introduction
 

6.2

Key constraints and challenges
 

6.3

Summary comments

7.

CONCLUSIONS

APPENDIXES

1.

The 1999 Rome Declaration on the Implementation of the Code of Conduct for Responsible Fisheries

2.

Summary of capacity development workshops to enhance the implementation of port State measures to prevent, deter and eliminate IUU fishing and in particular to support the implementation of the 2005 FAO Model Scheme to Combat Illegal, Unreported and Unregulated Fishing

3.

2009 FAO Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing

4.

Analysis of the evolution of the text of the Port State Measures Agreement

5.

Port State measures adopted, or proposed, for certain regional fisheries management organizations and arrangements

6.

Outline of the process for the development of the 2009 FAO Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing

7.

Major decisions by FAO governing bodies and other meetings and the United Nations General Assembly concerning the development of a legally binding instrument on port State measures

8.

Notification, communication and information requirements for port States and flag States

9.

Checklists for implementing the 2009 FAO Port State Measures Agreement: operational, legal and policy

The designations employed and the presentation of material in this information product do not imply the expression of any opinion whatsoever on the part of the Food and Agriculture Organization of the United Nations (FAO) concerning the legal or development status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The mention of specific companies or products of manufacturers, whether or not these have been patented, does not imply that these have been endorsed or recommended by FAO in preference to others of a similar nature that are not mentioned.
The views expressed in this information product are those of the author(s) and do not necessarily reflect the views of FAO.


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