Implementation of Port State Measures

RAP PUBLICATION 2013/13 Vol. 1

Implementation of port state measures
Volume 1: Technical Guide to Port Inspection of Fishing Vessels

Food and Agriculture Organization of the United Nations
Regional Office for Asia and the Pacific
Bangkok 2013

ABSTRACT

Illegal, unreported and unregulated (IUU) fishing is a global treat to sustainable fisheries and to the management and conservation of fisheries resources and marine biodiversity. Port state controls are now recognized as an effective tool to combat IUU fishing. This has been reinforced with the development of the 2009 FAO Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing. This publication is a three-volume set of training materials to build the institutional capacity of fisheries, maritime, customs and port staff in undertaking port state inspections. Successful trainees are expected to gain confidence and skills in participating as part of a team in port inspections, both independently and in concert with other competent port control authorities. This volume aims to provide inspectors with relevant skills and expertise in enforcement practices and procedures, sufficient to participate in port inspections.

Table of Contents

Foreword
    Other relevant reading materials
    Acknowledgements
Terms and abbreviations
Overview of this port inspection technical guide
    Objectives of this technical guide
    Learning outcomes from use of this technical guide
    Key learning indicators
    Knowledge
    Skills
    Target groups
    Course organization and delivery methodology
Preamble – International law framework for fisheries enforcement
    International law
    Boundaries, territorial waters and the exclusive economic zone
    Rights and sovereignty
    The emergence of international fishery agreements
    Why do we need port state measures?
    Examples of RFMOs/RFBs in the Asia-Pacific region
Unit 1: Fisheries management
    Why manage our oceans and their fisheries?
    The tuna fisheries of the Indian Ocean and the Western and Central Pacific Ocean
        (WCPO)
    Rationale for an ecosystem approach to management
    Management strategies
    Problems in management
    Fisheries management generally
    Industrial fishing
Unit 2: Concepts of monitoring, control and surveillance (MCS)
    The role of MCS in fisheries
    The elements of MCS
    MCS spatial components
Unit 3: Understanding port state measures (PSMs)
    How Port State Measures fit into international law
    The objective of the Port State Measures Agreement
    Who must apply the Port State Measures Agreement?
    Who must apply the IOTC resolution 10/11 on Port State Measures?
    Are fisheries Port State Measures the only port state controls?
    What does the Port State Measures Agreement say about cooperation?
    What ports do Port State Measures apply to?
    What do vessels have to do?
    Can a port deny entry?
    What If a vessel is in distress?
    Do the FAO and RFMOs have inspectors?
    How does the FAO PSMA relate to other instruments?
Unit 4: Ethics
    Ethics are the moral principles that guide our behavior
    Model code of conduct
    Honesty
    Integrity
    Impartiality
    Accountability and transparency
    Probity
    Openness and confidentiality
    Respect
    Leadership
    Without self-interest
    Safety
    Reporting
    Conflicts of Interest
    Personal benefit
    Complaints
Unit 5: Health, safety and security during port/vessel inspections
    The health, safety and security (HSS) of everyone involved in port inspections are
        of paramount importance
    The risk assessment
    Older fishing vessels can present a range of HSS risks to inspectors
Unit 6: Authority and powers of inspectors
    Fisheries legislation tells authorized officers what they can do, and under what
        circumstances
    The powers of authorized officers are usually comprehensive and can usually be
        exercised with or without a warrant
Unit 7: The IOTC Port State Measures Resolution
    Preamble     Part 1 General provisions
    Part 2 Entry into port
    Part 3 Use of ports
    Part 4 Inspections and follow-up actions
    Part 5 Role of flag state
    Part 6 Requirements of developing states
    Part 7 Duties of the IOTC Secretariat
Unit 8: Initial vessel boarding and interviews
    Your role on board is for the purpose of making sure the vessel and crew have not
        been involved in IUU fishing
    A golden rule is for inspection teams is to always work in pairs
    Prepare and plan your inspection
    Prepare the boarding equipment
    Engage with the master and crew
    Conduct the inspection and ask questions
    Completing the inspection
    Debriefing and next steps
    Preparing for interviews
    Interviews and statements
Unit 9: Offences, evidence and statements
    Fisheries offences
    Evidence
    Chain of evidence/chain of custody
    Legislation
    Gathering evidence
    Note taking
    Statement of interview
    Report writing
    Communications
Unit 10: More on information, inspections and evidence – fish ID and gear
    inspection
    Information
    Identification of vessels
    Bridge inspections
    Hold inspections
    Estimating hold size
    Estimating how much fish is in a hold
    Example: Allowing for airspaces/stacking
    Adjusting for the form of fish to compare with the whole weight in logbook estimates
    Offloading inspection
    Identification and measurement of fish species
    Measuring fish
    Measurement of fishing gear
    Electronic equipment
    After the port inspection – what happens next?
    Can you now undertake port state inspections

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E-ISBN 978-92-5-108023-8 (PDF)

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For copies write to:	Simon Funge-Smith
	Senior Fishery Officer
	FAO Regional Office for Asia and the Pacific
	Maliwan Mansion, 39 Phra Atit Road
	Bangkok 10200, Thailand
	Tel: (+66) 2 697 4000
	Fax: (+66) 2 697 4445
	E-mail: [email protected]