Pacific States and Marine Living Resources

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Pacific States and Marine Living Resources

• MS 205 Law of the Sea

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Overview

• Development of international fisheries law.
• Principles of fisheries management and
  conservation.
• Pacific Initiatives - 1970s to present.
• 1995 UN Fish Stocks Agreement.
• 2000 WCPF Convention.
• Challenges and opportunities.

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Background

• 1980s Collapse of stocks and environment
  degradation. Brundtland Report 1987.
• 1990s Long term sustainable fisheries
  responsible fisheries. UNCED and Agenda 21.
• Present LTSF, ecosystem-based approach,
  precautionary principle.

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Objectives

• Primary objective allow maximum utilization of
  living marine resources
• Second objective conservation of marine
  resources to ensure long-term sustainability.
• Third objective ensure equitable allocation of
  catches between States.
• Fourth objective needs of traditional fishing
  communities employing traditional methods.
• Fifth objective promotion of international
  peace and cooperation by avoiding conflict over
  fisheries.

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Marine Living Resources PNG

• MANAGEMENT OBJECTIVES AND PRINCIPLES
• (s.25 Fisheries Management Act 1998)
• promote the objective of optimum utilisation and
  long term sustainable development of living
  resources and the need to utilise living
  resources to achieve economic growth, human
  resource development and employment creation and
  a sound ecological balance
• (b) conserve the living resources for both
  present and future generations

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Marine Living Resources PNG

• (c) ensure management measures are based on the
  best scientific evidence available, and are
  designed to maintain or restore stocks at levels
  capable of producing maximum sustainable yield,
  as qualified by relevant environmental and
  economic factors including fishing patterns, the
  interdependence of stocks and generally
  recommended international minimum standards
• (d) apply a precautionary approach to the
  management and development of aquatic living
  resources

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Marine Living Resources PNG

• (e) protect the ecosystem as a whole, including
  species which are not targeted for exploitation,
  and the general marine and aquatic environment
• (f) preserve biodiversity
• (g) minimise pollution
• (h) implement any relevant obligations of Papua
  New Guinea under applicable rules of
  international law and international agreements.

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Principles

• UN Conference on Environment Development (Rio,
  1992)
• Agenda 21 (esp. Chap. 17) worlds marine
  environment part of an integral whole that is an
  essential component of the global life-support
  system and a positive asset that presents
  opportunities for SD.
• CBD, Rio Declaration on Environment
  Development
• WSSD (Rio 10)

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Overview

• Brundtland Report 1987
• development that meets the needs of the present
  without compromising the ability of future
  generations to meet their own needs.

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Pacific Initiatives 1970s to present

• UNCLOS III
• Establishment of FFA 1979
• Driftnet Convention
• Regional and Sub-regional Instruments
• FFA and WCPF Commission

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Pacific Initiatives 1970s to present

• FFA established 1979.
• Now 17 members. Governing body is FFC.
• Followed recognition of sovereign rights over
  marine resources within EEZ.
• To assist in the management and development of
  living marine resourcesand in particular the
  highly migratory species.

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Pacific Initiatives 1970s to present

• 1989 Convention for the Prohibition of Fishing
  with Long Drift-Nets in the South Pacific. (aka
  Wellington Convention)
• Each party undertakes to prohibit nationals and
  vessels documented under its laws from engaging
  in drift-net fishing activities within the
  Convention area (article 2).

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Pacific Initiatives 1970s to present

• Regional and Sub-regional Instruments
  (responsible and sustainable fisheries)
• 1982 Nauru Agreement concerning Cooperation in
  the Management of Fisheries of Common Interest.
• 1989 Wellington Convention
• 1992 Niue Treaty on Cooperation in Fisheries
  Surveillance and Law Enforcement in the South
  Pacific Region.

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Pacific Initiatives 1970s to present

• Regional and Sub-regional Instruments contd.
• 1992 Palau Arrangement for the Management of
  Purse Seine Fisheries in the Western Pacific.
• 1994 Federated States of Micronesia Arrangement
  for Regional Fisheries Access.

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Pacific Initiatives 1970s to present

• FFA and WCPF Commission
• FFA assists members in managing resources within
  EEZs. Regional significance.
• Provides legal and management advice for
  negotiations with DWFNs. Enhances member
  participation and management of resources.
• WCPFC jurisdiction within Convention area, i.e.
  high seas and EEZs. International significance.
• Sets conservation and management regime and
  allocates quotas.

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Recent International Instruments

• 1993 FAO Compliance Agreement.
• 1995 Code of Conduct for Responsible Fisheries.
• 1995 UN Fish Stocks Agreement.
• 2000 WCPF Convention.
• International Plans Of Actions Seabirds,
  Capacity, Sharks, IUU.

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1995 UN Fish Stocks Agreement

• far-sighted, far-reaching, bold and
  revolutionary (Conference Chair, 4 August 1995)
• Implementing Agreement second generation
  agreement.
• Entered into force 11 December 2001.

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1995 UNFSA - Objective

• To ensure the long-term conservation and
  sustainable use of straddling fish stocks and
  highly migratory fish stocks through effective
  implementation of the relevant provisions of the
  Convention. (art. 2)

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1995 UNFSA and Convention

• Relationship between this Agreement and
  Convention
• Nothing in this Agreement shall prejudice the
  rights, jurisdiction and duties of States under
  the Convention. This Agreement shall be
  interpreted and applied in the context of and in
  a manner consistent with the Convention (article
  4).

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1995 UN Fish Stocks Agreement contd

• Principles for conservation and management (art.
  5).
• Compatibility of measures (art. 8).
• Boarding and Inspection provisions.
• Non parties (art. 17).

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1995 UN Fish Stocks Agreement contd

• Principles for conservation and management (art.
  5)
• (a) adopt measures to ensure long-term
  sustainability of straddling fish stocks and
  highly migratory fish stocks and promote the
  objective of their optimum utilization
• (b) ensure that such measures are based on the
  best scientific evidence available and are
  designed to maintain or restore stocks at levels
  capable of producing maximum sustainable yield.

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1995 UN Fish Stocks Agreement contd

• Principles (art. 5) contd
• (c) apply the precautionary approach.
• (d) assess the impacts of fishing, other human
  activities and environmental factors on target
  stocks and species belonging to the same
  ecosystem or associated with or dependent upon
  the target stocks
• (e) adopt, where necessary, conservation and
  management measures for species belonging to the
  same ecosystem or associated with or dependent
  upon the target stocks, with a view to
  maintaining or restoring populations of such
  species above levels at which their reproduction
  may become seriously threatened

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1995 UN Fish Stocks Agreement contd

• (f) minimize pollution, waste, discards, catch by
  lost or abandoned gear, catch of non-target
  species, both fish and non-fish species.
• (g) protect biodiversity in the marine
  environment
• (h) take measures to prevent or eliminate
  overfishing and excess fishing capacity
• (i) take into account the interests of artisanal
  and subsistence fishers

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1995 UN Fish Stocks Agreement contd

• (j) collect and share, in a timely manner,
  complete and accurate data concerning fishing
  activities.
• (k) promote and conduct scientific research and
  develop appropriate technologies in support of
  fishery conservation and management and
• (l) implement and enforce conservation and
  management measures through effective monitoring,
  control and surveillance.

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1995 UN Fish Stocks Agreement contd

• Compatibility of measures (art. 8)
• Conservation and management measures established
  for the high seas and those adopted for areas
  under national jurisdiction shall be compatible
  in order to ensure conservation and management of
  the straddling fish stocks and highly migratory
  fish stocks in their entirety.
• Duty to cooperate for the purpose of achieving
  compatible measures in respect of such stocks.
• Criteria to determine compatibility.

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Non-members and participants

• A State which is not a member or is not a
  participant in a subregional or regional
  fisheries management arrangement, and which does
  not otherwise agree to apply the conservation and
  management measures established by such
  organization or arrangement, is not discharged
  from the obligation to cooperate, in accordance
  with the Convention and this Agreement, in the
  conservation and management of the relevant
  straddling fish stocks and highly migratory fish
  stocks. (art. 17(1))

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Non-parties

• 1. States Parties shall encourage non-parties to
  this Agreement to become parties thereto and to
  adopt laws and regulations consistent with its
• provisions.
• 2. States Parties shall take measures consistent
  with this Agreement and international law to
  deter the activities of vessels flying the flag
  of non-parties which undermine the effective
  implementation of this Agreement. (art. 33)

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Boarding and Inspection

• Role of Port State.
• Procedure for boarding and inspections.
• Flag State jurisdiction.

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2000 WCPF Convention

• Third generation international agreement.
• Fours years of negotiations Multilateral High
  Level Conference (MHLC) process.
• Opened for signature 5 September 2000.
• Depositary NZ.
• Pursuant to article 36, the Convention entered
  into force on 19 June 2004.

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WCPFC Objective

• To ensure, through effective management, the
  long-term conservation and sustainable use of
  highly migratory fish stocks in the western and
  central Pacific Ocean in accordance with the 1982
  United Nations Convention on the Law of the Sea
  and the 1995 UN Fish Stocks Agreement.

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WCPFC - Application

• All species of highly migratory fish stocks
  (defined as all fish stocks of the species listed
  in Annex I of the 1982 Convention occurring in
  the Convention Area and such other species of
  fish as the Commission may determine ) within the
  Convention Area, except sauries.

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WCPFC - Key Provisions

• Article 4 Relationship between this Convention
  and the 1982 Convention.
• Article 5 Principles and measures for
  conservation and management.
• Article 6 Application of the Precautionary
  approach.
• Article 7 Implementation of principles in
  areas under national jurisdiction.
• Article 8 Compatibility of conservation and
  management measures.

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WCPFC - Key Provisions

• Article 4 Relationship between this Convention
  and the 1982 Convention.
• Nothing in this Convention shall prejudice the
  rights, jurisdiction and duties of States under
  the 1982 Convention and the Agreement. This
  Convention shall be interpreted and applied in
  the context of and in a manner consistent with
  the 1982 Convention and the Agreement.

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WCPFC - Key Provisions contd

• Articles 9 22 Commission for the
  Conservation and Management of HMFS in the WCP.
• Article 23 Obligations of members of the
  Commission.
• Article 24 Duties of the Flag State. (Q. Does
  this also apply to States that are not party
  to the WCPFC?)
• Article 32 Non-parties.

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Challenges

• Freedom of High Seas.
• Primacy of Flag State Jurisdiction.
• Third States.
• Over-fishing and IUU fishing.
• Capacity migration.
• Flag of Convenience.
• Protection of high seas biodiversity.

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Challenges Pacific Islands

• Over-fishing
• Capacity migration FOCs
• Best scientific evidence available (art.61(2))
• High Seas areas
• Monitoring, control and surveillance
• Regional solidarity
• Transparent and accountable management