Title: Pacific States and Marine Living Resources
1Pacific States and Marine Living Resources
2Overview
- 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.
3Background
- 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.
4Objectives
- 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.
5Marine 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
6Marine 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
7Marine 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.
8Principles
- 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)
9Overview
- Brundtland Report 1987
- development that meets the needs of the present
without compromising the ability of future
generations to meet their own needs.
10Pacific Initiatives 1970s to present
- UNCLOS III
- Establishment of FFA 1979
- Driftnet Convention
- Regional and Sub-regional Instruments
- FFA and WCPF Commission
11Pacific 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.
12Pacific 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).
13Pacific 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.
14Pacific 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.
15Pacific 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.
16Recent 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.
171995 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.
181995 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)
191995 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).
201995 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).
211995 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.
221995 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
231995 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
241995 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.
251995 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.
26Non-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))
27Non-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)
28Boarding and Inspection
- Role of Port State.
- Procedure for boarding and inspections.
- Flag State jurisdiction.
292000 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.
30WCPFC 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.
31WCPFC - 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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34WCPFC - 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.
35WCPFC - 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.
36WCPFC - 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.
37Challenges
- 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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39Challenges 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