Agreement.
19 Given CCAMLR’s long-standing reputation as a leader in conservation and management of marine living resources, it is worth nothing that many
CCAMLR Members have at recent CCAMLR Meetings voiced their concern that
CCAMLR risks losing its leadership status.
20
3 Types, Distinctions, Functions and Qualification
3.1 Introduction
Whether or not a body qualifies as an RFMO or an RFMA determines the applicability of particular rights and obligations under international fisheries law. These
rights can be relevant for participants as well as non-participants. Especially relevant
for non-participants are the rights to engage in fishing and fishing-related activities
(e.g. provisioning of fuel, water etc., and transhipment of catch) on the high seas
pursuant to Articles 87(1)(a) and 116 of the UNCLOS and the right of States with a
‘real interest’ to participate in RFMO/As pursuant to Article 8(3) of the Fish Stocks
Agreement. Relevant rights for participants include the mandate to deal with
non-participants that undermine the efforts of RFMO/As due to their behavior as
‘free riders’ (see Sect. 4).
Determining whether or not a body qualifies as an RFMO or an RFMA is not
always a straightforward task, among other things because there are at present no
generally accepted definitions for the concepts of an RFMO or an RFMA. While no
definitions are included in the UNCLOS for either concept, Article 1(1)(d) of the
Fish Stocks Agreement nevertheless defines an RFMA as
a cooperative mechanism established in accordance with the [LOS] Convention and this
Agreement by two or more States for the purpose, inter alia, of establishing conservation
and management measures in a subregion or region for one or more straddling fish stocks or
highly migratory fish stocks.
A noteworthy feature of this definition is that an RFMA can also have just two
participating States (or entities). Moreover, unlike an RFMO, an RFMA is not an
intergovernmental organization and also does not establish one. This means that an
RFMA does not necessarily have to be established pursuant to a legally binding
instrument.
The concepts of an RFMO and an RFMA are not exclusively used in relation to
straddling and highly migratory fish stocks, but also for other categories of fish
19 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and
Unregulated Fishing, Rome, 22 November 2009. In force 5 June 2016; text available at www.
fao.org/Legal.
20 See, inter alia, the Report of the 37th (2018) Annual CCAMLR Meeting, at paras 3.24, 5.5, 9.14,
9.16 and 10.2.
5 Regional Fisheries Management Organizations
85
19 Given CCAMLR’s long-standing reputation as a leader in conservation and management of marine living resources, it is worth nothing that many
CCAMLR Members have at recent CCAMLR Meetings voiced their concern that
CCAMLR risks losing its leadership status.
20
3 Types, Distinctions, Functions and Qualification
3.1 Introduction
Whether or not a body qualifies as an RFMO or an RFMA determines the applicability of particular rights and obligations under international fisheries law. These
rights can be relevant for participants as well as non-participants. Especially relevant
for non-participants are the rights to engage in fishing and fishing-related activities
(e.g. provisioning of fuel, water etc., and transhipment of catch) on the high seas
pursuant to Articles 87(1)(a) and 116 of the UNCLOS and the right of States with a
‘real interest’ to participate in RFMO/As pursuant to Article 8(3) of the Fish Stocks
Agreement. Relevant rights for participants include the mandate to deal with
non-participants that undermine the efforts of RFMO/As due to their behavior as
‘free riders’ (see Sect. 4).
Determining whether or not a body qualifies as an RFMO or an RFMA is not
always a straightforward task, among other things because there are at present no
generally accepted definitions for the concepts of an RFMO or an RFMA. While no
definitions are included in the UNCLOS for either concept, Article 1(1)(d) of the
Fish Stocks Agreement nevertheless defines an RFMA as
a cooperative mechanism established in accordance with the [LOS] Convention and this
Agreement by two or more States for the purpose, inter alia, of establishing conservation
and management measures in a subregion or region for one or more straddling fish stocks or
highly migratory fish stocks.
A noteworthy feature of this definition is that an RFMA can also have just two
participating States (or entities). Moreover, unlike an RFMO, an RFMA is not an
intergovernmental organization and also does not establish one. This means that an
RFMA does not necessarily have to be established pursuant to a legally binding
instrument.
The concepts of an RFMO and an RFMA are not exclusively used in relation to
straddling and highly migratory fish stocks, but also for other categories of fish
19 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and
Unregulated Fishing, Rome, 22 November 2009. In force 5 June 2016; text available at www.
fao.org/Legal.
20 See, inter alia, the Report of the 37th (2018) Annual CCAMLR Meeting, at paras 3.24, 5.5, 9.14,
9.16 and 10.2.
5 Regional Fisheries Management Organizations
85