Agreement on Port State Measures

Agreement on Port State Measures
Name	Agreement on Port State Measures
Date signed	2009-11-22
Location signed	Rome
Condition effective	Ratification by 25 States or Regional Economic Integration Organization
Date effective	2016-06-05
Depositor	United Nations Secretary-General
Languages	Arabic, Chinese, English, French, Russian, Spanish

Agreement on Port State Measures The Agreement on Port State Measures is a multilateral treaty negotiated under the auspices of the Food and Agriculture Organization aimed at combating illegal, unreported and unregulated fishing through strengthened port state controls and cooperation. It establishes procedural standards for inspections, denial of port privileges, information exchange and regional coordination to prevent fish caught unlawfully from entering international trade and markets such as European Union and United States supply chains.

Background and Negotiation

Negotiations leading to the Agreement were conducted by the Food and Agriculture Organization in response to resolutions from the United Nations General Assembly, building on instruments such as the 1995 United Nations Fish Stocks Agreement and the Code of Conduct for Responsible Fisheries; talks involved delegations from Small Island Developing States, European Union, United States, Japan, China, Norway, Canada, Australia and Brazil. Key diplomatic moments occurred at FAO committees and conferences influenced by campaigns from Greenpeace International, WWF, Pew Charitable Trusts and technical input from the International Maritime Organization and the World Trade Organization. The final text was adopted at the FAO Conference in Rome in November 2009 following advocacy by proponents including representatives from Pacific Islands Forum and the African Union.

Scope and Key Provisions

The Agreement mandates that Parties require foreign fishing vessels to submit prior notification and provide documentation for planned port entry, enabling inspections and records checks by designated national authorities such as fisheries ministries and coast guards. It prescribes denial of port entry or services where there is evidence of illegal, unreported and unregulated fishing, and obliges Parties to share information with regional fisheries management organizations (RFMOs) like the Commission for the Conservation of Antarctic Marine Living Resources, Inter-American Tropical Tuna Commission, Indian Ocean Tuna Commission and North East Atlantic Fisheries Commission. Provisions include requirements for competent authorities to maintain databases, preserve evidence for enforcement actions, and cooperate with agencies including Interpol and national prosecutorial bodies such as Ministries of Justice and Public Prosecutors.

Implementation and Compliance

Implementation relies on national legislation, administrative capacity and port infrastructure deployed by Parties including European Union member states, United States of America, Australia, New Zealand, Iceland and Canada; compliance mechanisms involve flag State notifications and mutual assistance with RFMOs such as Commission for the Conservation of Southern Bluefin Tuna and Western and Central Pacific Fisheries Commission. Technical assistance and capacity-building have been provided by institutions such as the World Bank, United Nations Development Programme, Asian Development Bank and regional organizations including the Pacific Islands Forum Fisheries Agency and Secretariat of the Pacific Community. Monitoring, control and surveillance efforts intersect with satellite-based systems like Vessel Monitoring System programs and initiatives from companies and nonprofits in the Global Ocean governance space.

Impact on Illegal, Unreported and Unregulated Fishing

Since entry into force, the Agreement has been credited with increasing denial of port services to suspect vessels and improving information flows among Parties and RFMOs, affecting fleets linked to West African and Southeast Asian fishing operations and illicit networks traced to ports in West Africa, Latin America and Southeast Asia. Enforcement actions citing the Agreement have targeted vessels associated with documented cases involving species managed under conventions such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora and stocks monitored by the North Atlantic Salmon Conservation Organization. The instrument aims to reduce market access for illegally caught fish entering supply chains to markets like the European Union Common Fisheries Policy and United States Magnuson-Stevens Act-regulated commerce.

Parties, Ratification and Entry into Force

The Agreement opened for signature in 2009 and required ratification by 25 Parties or Regional Economic Integration Organizations to enter into force; milestone ratifications included submissions by Norway, European Union, Iceland, Seychelles and Panama, leading to entry into force on 5 June 2016. As of the latest rounds of accession, Parties range from small island states in the Pacific Islands and Caribbean Community to maritime powers such as Japan, South Africa and Chile, with depositary functions handled by the United Nations Secretariat.

Criticisms and Challenges

Critics from scholars and non-governmental organizations including analyses by University of British Columbia researchers and policy briefs from International Union for Conservation of Nature have pointed to challenges such as uneven capacity among Parties, limited coverage of transshipment activities in the high seas involving flags of convenience linked to Panama registry and Liberia registers, and gaps in enforcement where coordination with RFMOs like the Commission for the Conservation of Antarctic Marine Living Resources is limited. Operational obstacles include resource constraints in ports of developing states, legal discrepancies with national laws, evidentiary hurdles in prosecutions, and the need for enhanced cooperation with organizations such as Interpol, World Customs Organization and bilateral partners to disrupt complex transnational criminal networks involved in seafood fraud.

Category:Fisheries treaties