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Implementation of Port State measures

Year of publication 2016

Place of publication Rome, Italy ;

Pages 184

Author Judith Swan

Publisher FAO ;

Product type Book (stand-alone)

ISBN 978-92-5-109303-0

Series number PSM Implementation

Edition 1

Synopsis (short abstract) The entry into force of the FAO Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated (IUU) Fishing on 5 June 2016 reflected the successful culmination of global efforts to combat IUU fishing by setting harmonized minimum standards for measures to be taken at port. It targets IUU fishing and fishing related activities in support of such fishing, and its reach extends to areas within and beyond national jurisdiction. Many RFMOs and some countries hav e been active in preparing for entry into force, but the development and adoption of national implementing legislation has become imperative. At regional level, several RFMOs have adopted various requirements and minimum standards of the FAO Agreement in conservation and management measures (CMMs) that are legally binding on their members. In 2010, the Indian Ocean Tuna Commission (IOTC) adopted Resolution 10/11 on Port State measures that is almost identical to the FAO Agreement. Other RFMO CM Ms vary in the extent of implementation of its requirements, as described in this document. There is ongoing review and strengthening of the CMMs relating to Port State measures within many RFMOs, in part encouraged by their performance reviews. This document focuses on the implementation of two legal instruments - the FAO Agreement and IOTC Resolution – which, as noted above, are almost identical. Together, they are legally binding on a wide range of countries. At national level, the process of preparing for entry into force of the FAO Agreement, as well as implementation of relevant RFMO CMMs, has been challenging for many countries. The objective of this document is twofold: to meet those challenges by providing generic legislative templates for the development of national legislation; and to explain broader context of Port State measures. Legislative templates are provided for implementing the core and supporting provisions respectively; they are generic, and can be adapted to d ifferent legal systems, institutions and instruments. The core provisions are those implemented directly from the FAO Agreement, and as appropriate the IOTC Resolution, and the supporting provisions are those that relate to areas such as enforcement information and evidence. The latter reflect best practices and are important for backstopping aspects of the core provisions; they may already be in national fisheries legislation or may be used for strengthening existing provisions. Explanatory not es are given for each core and supporting provision. In order that the broader context of Port State measures can be better understood as national legislation is developed, this document also describes the development of Port State measures, a framework for national procedures and the role of RFMOs.

Language English

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