FAO Port State Measures Agreement

FAO Port State Measures Agreement
Name	Port State Measures Agreement
Signed	2009
Location	Rome
Parties	See section
Effective	2016
Depositor	Food and Agriculture Organization

FAO Port State Measures Agreement is a multilateral instrument concluded under the auspices of the Food and Agriculture Organization aimed at preventing, deterring and eliminating illegal, unreported and unregulated fishing through strengthened port controls. Negotiated and adopted by members of the Food and Agriculture Organization Conference in 2009 and opened for signature in Rome, it establishes a framework for cooperative inspection, information exchange and denial of port services to vessels engaged in illicit activities. The Agreement complements regional instruments such as the South Pacific Regional Fisheries Mechanism and global efforts including the United Nations Convention on the Law of the Sea and the Convention on Biological Diversity.

Background and Negotiation

Negotiations drew on precedents from the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks and instruments like the Food and Agriculture Organization Code of Conduct for Responsible Fisheries, while reflecting concerns raised at fora such as the World Summit on Sustainable Development and the Rome Declaration on Illegal, Unreported and Unregulated Fishing. Delegations from Small Island Developing States, European Union, Japan, Norway, United States, China, South Africa, Argentina, Brazil and other members of the FAO contributed technical, legal and operational proposals. Negotiating sessions in Rome built on inputs from the General Fisheries Commission for the Mediterranean, the North East Atlantic Fisheries Commission and the Commission for the Conservation of Antarctic Marine Living Resources, and involved non-governmental stakeholders including Greenpeace, World Wide Fund for Nature, Pew Charitable Trusts and industry consortia.

Objectives and Scope

The Agreement's primary objective aligns with targets articulated in the Aichi Biodiversity Targets and the 2030 Agenda for Sustainable Development (specifically Sustainable Development Goal 14). It targets foreign-flagged and domestically-flagged fishing vessels seeking port entry, linking port action to obligations under the United Nations Fish Stocks Agreement and the Port State Control regimes used elsewhere in maritime governance such as the Paris Memorandum of Understanding on Port State Control. Coverage encompasses vessel inspection, denial of entry or use of port services, and information exchange among parties like the Regional Fisheries Management Organizations and the International Maritime Organization.

Key Provisions and Obligations

Core provisions require parties to establish national measures mirroring standards in the Code of Conduct for Responsible Fisheries and to designate competent authorities similar to arrangements under the Convention on the International Regulations for Preventing Collisions at Sea. Parties must notify the Food and Agriculture Organization of designated ports, permit targeting of high-risk vessels informed by databases akin to the Global Record of Fishing Vessels, and conduct inspections drawing on procedures comparable to those in the Montreal Protocol inspection frameworks. Obligations include denying port access or services to vessels with credible evidence of illegal, unreported and unregulated fishing and to cooperate in information exchange with entities such as the International Tribunal for the Law of the Sea and the World Trade Organization when legal assistance is required. The instrument provides for confidentiality safeguards inspired by practices in the World Health Organization and International Labour Organization.

Implementation and Compliance

Implementation relies on national legislation, administrative capacity, and regional coordination through bodies like the Commission for the Conservation of Southern Bluefin Tuna and the Indian Ocean Tuna Commission. Technical assistance has been provided by the Food and Agriculture Organization, the European Commission, United Nations Development Programme, Inter-American Development Bank and bilateral partners including Norway and Japan. Compliance mechanisms are largely cooperative and administrative rather than penal, with emphasis on capacity building, training for port inspectors similar to programs by the International Maritime Organization, and the development of risk analysis tools resembling systems used by the European Fisheries Control Agency.

Impact and Effectiveness

Early evidence points to increased inspections, denials of port services, and information sharing in regions coordinated by the Pacific Islands Forum Fisheries Agency, the West and Central Africa Regional Fisheries Program and the Southeast Asian Fisheries Development Center. Case studies involving West Africa, the South Pacific, Mediterranean Sea and Patagonian Shelf show varying success correlated with capacity, legal frameworks and political will. The Agreement has been cited in conjunction with actions by the United Nations Office on Drugs and Crime and Interpol in addressing transnational networks linking illegal fishing, money laundering and organized crime. Ongoing evaluation draws on metrics established by FAO and research by institutions such as Wageningen University and Research and the University of British Columbia.

Parties and Entry into Force

The Agreement opened for signature in 2009 and entered into force following requisite ratifications in 2016. Parties include a diverse mix of coastal and flag States like Australia, Chile, Ecuador, Fiji, Iceland, Indonesia, Kenya, Mauritius, Panama, Philippines, Spain, United Kingdom, United States of America and others across Africa, Asia, Europe, Oceania and the Americas. Accession and ratification processes follow domestic traditions as seen in instruments ratified by legislatures such as the United States Senate or executive instruments in New Zealand; the Food and Agriculture Organization serves as depositary for instruments of accession. The Agreement continues to attract new parties and to be integrated into regional fisheries management frameworks including the Northwest Atlantic Fisheries Organization and the South East Atlantic Fisheries Commission.

Category:International fisheries treaties