capacity building to investigate fishery violations, and an absence of corruption
within enforcement agencies. For some States, coastal State enforcement has been
more of an aspiration than a reality.
At the same time that FAO member States concluded a number of fishery-related
instruments including the 1993 FAO Compliance Agreement, the 1995 Code of
Conduct for Responsible Fisheries, the 1995 UN Fish Stocks Agreement, and the
2001 FAO International Plan of Action to Prevent, Deter and Eliminate IUU Fishing,
the FAO also recognized the limitations of relying heavily on flag state enforcement
and coastal state enforcement. In 2005, the COFI supported a non-binding “Model
Scheme on Port State Measures to Combat IUU Fishing.”
36 Based on existing port
inspections of vessels for pollution and safety related violations, the Scheme focused
on designating specific ports for foreign fishing vessels, requiring foreign fishing
vessels to provide certain information in advance, and undertaking port inspections
of vessels suspected to be engaged in IUU fishing.
With support from the parties to the UN Fish Stocks Agreement meeting at a
review conference, FAO developed a draft of a legally binding set of port state
measures for consideration by States and RFMOs. The Port State Measures Agreement (PSMA) was formally adopted in 2009 and came into force in June 2016 with
thirty parties.
37 FAO’s involvement in the development of this treaty designed to end
fishing practices undermining good fisheries management reflects a creative role for
the FAO in re-imagining approaches to fisheries enforcement. Significantly, the
European Union and the United States as the two largest importers of global fish
have ratified the PSMA.
38 Even though the United States is not yet a party to
UNCLOS, these two States are now obliged to improve the monitoring and inspections of foreign fishing vessels in their ports.
By assisting with the creation of the PSMA, the FAO assisted States concerned
with combatting IUU fishing by creating a complementary treaty to improve the
enforcement of UNCLOS by creating a legal mechanism for port state jurisdiction
over fisheries related matters. As with the introduction of its guidelines on ecosystem
approaches to fisheries, the FAO’s work on the PSMA provides a highly practical
approach for States seeking to implement national port state measures requiring. The
text particularly in the annexes that form an integral part of the agreement provide
resources that can be immediately used by States in their implementation process.
39
36 Model Scheme on Port State Measures to Combat Illegal, Unreported and Unregulated Fishing
(2007).
37 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and
Unregulated Fishing (2009). The agreement as of February 2019 has 61 parties including the
European Union).
38 The European Union approved the Port State Measures Agreement on July 7, 2011. The
U.S. ratified the treaty on February 26, 2016. Available at http://www.fao.org/fileadmin/user_
upload/legal/docs/037s-e.pdf.
39 Annex A provides a form with specific information to be provided in advance by vessels
requesting port entry, Annex B provides a list of duties for Port State inspectors, Annex C provides
a form to be used by Port Inspectors to provide the results of their inspection, Annex D provides for
12 UN Food and Agriculture Organization: Exercising Legal Personality to Implement. . . 213
within enforcement agencies. For some States, coastal State enforcement has been
more of an aspiration than a reality.
At the same time that FAO member States concluded a number of fishery-related
instruments including the 1993 FAO Compliance Agreement, the 1995 Code of
Conduct for Responsible Fisheries, the 1995 UN Fish Stocks Agreement, and the
2001 FAO International Plan of Action to Prevent, Deter and Eliminate IUU Fishing,
the FAO also recognized the limitations of relying heavily on flag state enforcement
and coastal state enforcement. In 2005, the COFI supported a non-binding “Model
Scheme on Port State Measures to Combat IUU Fishing.”
36 Based on existing port
inspections of vessels for pollution and safety related violations, the Scheme focused
on designating specific ports for foreign fishing vessels, requiring foreign fishing
vessels to provide certain information in advance, and undertaking port inspections
of vessels suspected to be engaged in IUU fishing.
With support from the parties to the UN Fish Stocks Agreement meeting at a
review conference, FAO developed a draft of a legally binding set of port state
measures for consideration by States and RFMOs. The Port State Measures Agreement (PSMA) was formally adopted in 2009 and came into force in June 2016 with
thirty parties.
37 FAO’s involvement in the development of this treaty designed to end
fishing practices undermining good fisheries management reflects a creative role for
the FAO in re-imagining approaches to fisheries enforcement. Significantly, the
European Union and the United States as the two largest importers of global fish
have ratified the PSMA.
38 Even though the United States is not yet a party to
UNCLOS, these two States are now obliged to improve the monitoring and inspections of foreign fishing vessels in their ports.
By assisting with the creation of the PSMA, the FAO assisted States concerned
with combatting IUU fishing by creating a complementary treaty to improve the
enforcement of UNCLOS by creating a legal mechanism for port state jurisdiction
over fisheries related matters. As with the introduction of its guidelines on ecosystem
approaches to fisheries, the FAO’s work on the PSMA provides a highly practical
approach for States seeking to implement national port state measures requiring. The
text particularly in the annexes that form an integral part of the agreement provide
resources that can be immediately used by States in their implementation process.
39
36 Model Scheme on Port State Measures to Combat Illegal, Unreported and Unregulated Fishing
(2007).
37 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and
Unregulated Fishing (2009). The agreement as of February 2019 has 61 parties including the
European Union).
38 The European Union approved the Port State Measures Agreement on July 7, 2011. The
U.S. ratified the treaty on February 26, 2016. Available at http://www.fao.org/fileadmin/user_
upload/legal/docs/037s-e.pdf.
39 Annex A provides a form with specific information to be provided in advance by vessels
requesting port entry, Annex B provides a list of duties for Port State inspectors, Annex C provides
a form to be used by Port Inspectors to provide the results of their inspection, Annex D provides for
12 UN Food and Agriculture Organization: Exercising Legal Personality to Implement. . . 213