29 June 2016

Rome - June, 2016 The Common Oceans ABNJ Tuna Project is supporting the implementation of port State measures at national and regional levels through a new publication that provides legislative templates and related information for use by port States and, as appropriate, regional fisheries management organizations (RFMOs):

IMPLEMENTATION OF PORT STATE MEASURES
LEGISLATIVE TEMPLATE
FRAMEWORK FOR PROCEDURES
ROLE OF RFMOS

The publication's release coincides with the entry into force of the FAO Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (FAO Agreement), and addresses various aspects of its implementation, including legislative, procedural and by RFMOs. It also refers to the implementation of the Indian Ocean Tuna Commission (IOTC) Resolution 10/11 on port State measures (IOTC Resolution), almost identical to the FAO Agreement.

Many other RFMOs have adopted legally binding conservation and management measures (CMMs) on port State measures, which vary in the extent of implementation of the requirements of the FAO Agreement. There is ongoing review and strengthening of the CMMs relating to port State measures within many RFMOs, in part encouraged by their performance reviews.

Upon entry into force of the FAO Agreement on 5 June 2016, 30 FAO Members were parties and legally bound to implement its provisions in legislation and procedures. By the end of June, the number of parties had rapidly increased to 34 and this trend is expected to continue. The publication also examines the port State measures CMMs of the five tuna-RFMOs and five select RFMOs.

At national level, the process of preparing legislation and procedures for entry into force of the FAO Agreement, as well as implementation of the IOTC Resolution and relevant CMMs of other RFMOs, has been challenging for many countries. The objective of the publication is twofold: to meet those challenges by providing generic legislative templates for the development of national legislation; and to explain the broader context of port State measures in relation to their development and use.

Legislative templates and explanatory notes are provided for implementing the core and supporting provisions. The core provisions are those implemented directly from the FAO Agreement and the supporting provisions are those that relate to areas such as enforcement, information and evidence. The templates can be adapted to different legal systems, institutions and instruments.

© Per Erik Bergh, Stop Illegal Fishing

In order that the broader context of port State measures can be better understood as national legislation is developed, the publication also describes the development of port State measures, a framework for national procedures and the role of RFMOs.

Port State measures are already recognized worldwide as a powerful, necessary and cost-effective means of combating illegal, unreported and unregulated (IUU) fishing. "This publication will inform the increasing national and regional determination and obligations to implement, at a minimum, the agreed standards in legislation, to develop capacity for their enforcement and to realize the potential role for RFMOs", explained Mr Alejandro Anganuzzi, Common Oceans ABNJ Tuna project coordinator. "The legislative template has already been successfully trialled at national and regional levels in the South American, Caribbean, African/Indian Ocean and Asia/Pacific regions and is expected to contribute significantly to swift and effective implementation of port State measures worldwide."

© IOTC Regional Observer Programme to Monitor Transhipment at Sea

Port State measures impose major sanctions, including denial of entry into port or use of port and could lead to further investigation, prosecution, license revocation and inclusion on an IUU Vessel List of a regional fisheries management organization (RFMO). The measures complement other monitoring, control and surveillance (MCS) tools such as catch documentation schemes, consolidated vessel lists and electronic monitoring systems. They also call for exchange of information with - and among - RFMOs, leading to more effective CMMs.

The publication was prepared under the Common Oceans ABNJ Tuna Project within the framework of the Common Oceans Program funded by the Global Environment Facility and implemented by FAO. The ABNJ Tuna Project aims to improve management of tuna fisheries and conservation of biodiversity in the areas beyond national jurisdiction, including by addressing IUU fishing. It facilitates capacity building and the exchange of information, and supports the development of additional MCS tools.

The publication is available online:

• Abstract
• Publication

• Judith Swan, FAO Consultant and author of the publication | [email protected]

• Mr Alejandro Anganuzzi, Global Coordinator for the Common Oceans Tuna Project | [email protected]