supporting States and other intergovernmental organizations (particularly RFMOs)
in making progress to protect not just target species but both species “associated with
or dependent upon harvested species” and critical habitats.
While UNCLOS did not contemplate the rise of marine-based aquaculture as a
major contributor to the food supply, the FAO has taken on the responsibility of
providing technical advice in support of coastal aquaculture ventures reflected in the
change of the FAO Fisheries Department to the FAO Fisheries and Aquaculture
Department. In 2007, FAO through COFI noted that the ecosystem approach to
fisheries “was the appropriate and necessary framework for fisheries management”
and that “aquatic production” should “follow an ecosystem approach to
aquaculture.”
34
3.2 Combatting IUU Fishing: Port State Measures
Agreement
Illegal, unreported, and unregulated fishing (IUU fishing) has been a chronic problem for international fisheries management. While the term “IUU fishing” was not
used by the UNCLOS negotiators in 1982, the treaty acknowledges the need for
enforcement capacity by States to protect marine resources. Under Article 62, coastal
States who are responsible for creating a fisheries management system for the
utilization of marine living resources are empowered to create laws and regulations
for purposes of enforcement procedures.
35 Article 73 provides that coastal States
may for activities within its exclusive economic zone board, inspect, arrest, and
initiate judicial proceedings against foreign vessels as part of the exercise of sovereign rights to conserve and manage living resources. While coastal States can impose
penalties on foreign vessels, coastal State enforcement has been uneven across the
world because effective enforcement depends on availability of enforcement vessels,
iv. data and methods used to identify, describe and assess the impacts of the activity, the
identification of gaps in knowledge, and an evaluation of uncertainties in the information
presented in the assessment;
v. identification, description and evaluation of the occurrence, scale and duration of likely
impacts, including cumulative impacts of activities covered by the assessment on VMEs and
low productivity fishery resources in the fishing area;
vi. risk assessment of likely impacts by the fishing operations to determine which impacts are
likely to be significant adverse impacts, particularly impacts on VMEs and low-productivity
fishery resources; and
vii. the proposed mitigation and management measures to be used to prevent significant adverse
impacts on VMEs and ensure long term conservation and sustainable utilization of
low-productivity fishery resources, and the measures to be used to monitor effects of the
fishing operations).
34 FAO, COFI, Report on the Twenty-seventh Sessions of the Committee on Fisheries, (5–9 March
2007), para. 49.
35 Id. at Art. 62(4)(k).
212
A. Telesetsky
in making progress to protect not just target species but both species “associated with
or dependent upon harvested species” and critical habitats.
While UNCLOS did not contemplate the rise of marine-based aquaculture as a
major contributor to the food supply, the FAO has taken on the responsibility of
providing technical advice in support of coastal aquaculture ventures reflected in the
change of the FAO Fisheries Department to the FAO Fisheries and Aquaculture
Department. In 2007, FAO through COFI noted that the ecosystem approach to
fisheries “was the appropriate and necessary framework for fisheries management”
and that “aquatic production” should “follow an ecosystem approach to
aquaculture.”
34
3.2 Combatting IUU Fishing: Port State Measures
Agreement
Illegal, unreported, and unregulated fishing (IUU fishing) has been a chronic problem for international fisheries management. While the term “IUU fishing” was not
used by the UNCLOS negotiators in 1982, the treaty acknowledges the need for
enforcement capacity by States to protect marine resources. Under Article 62, coastal
States who are responsible for creating a fisheries management system for the
utilization of marine living resources are empowered to create laws and regulations
for purposes of enforcement procedures.
35 Article 73 provides that coastal States
may for activities within its exclusive economic zone board, inspect, arrest, and
initiate judicial proceedings against foreign vessels as part of the exercise of sovereign rights to conserve and manage living resources. While coastal States can impose
penalties on foreign vessels, coastal State enforcement has been uneven across the
world because effective enforcement depends on availability of enforcement vessels,
iv. data and methods used to identify, describe and assess the impacts of the activity, the
identification of gaps in knowledge, and an evaluation of uncertainties in the information
presented in the assessment;
v. identification, description and evaluation of the occurrence, scale and duration of likely
impacts, including cumulative impacts of activities covered by the assessment on VMEs and
low productivity fishery resources in the fishing area;
vi. risk assessment of likely impacts by the fishing operations to determine which impacts are
likely to be significant adverse impacts, particularly impacts on VMEs and low-productivity
fishery resources; and
vii. the proposed mitigation and management measures to be used to prevent significant adverse
impacts on VMEs and ensure long term conservation and sustainable utilization of
low-productivity fishery resources, and the measures to be used to monitor effects of the
fishing operations).
34 FAO, COFI, Report on the Twenty-seventh Sessions of the Committee on Fisheries, (5–9 March
2007), para. 49.
35 Id. at Art. 62(4)(k).
212
A. Telesetsky