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Pacific States and Marine Living Resources

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Title: Pacific States and Marine Living Resources


1
Pacific States and Marine Living Resources
  • MS 205 Law of the Sea

2
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.

3
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.

4
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.

5
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

6
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

7
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.

8
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)

9
Overview
  • Brundtland Report 1987
  • development that meets the needs of the present
    without compromising the ability of future
    generations to meet their own needs.

10
Pacific Initiatives 1970s to present
  • UNCLOS III
  • Establishment of FFA 1979
  • Driftnet Convention
  • Regional and Sub-regional Instruments
  • FFA and WCPF Commission

11
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.

12
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).

13
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.

14
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.

15
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.

16
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.

17
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.

18
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)

19
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).

20
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).

21
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.

22
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

23
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

24
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.

25
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.

26
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))

27
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)

28
Boarding and Inspection
  • Role of Port State.
  • Procedure for boarding and inspections.
  • Flag State jurisdiction.

29
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.

30
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.

31
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.

32
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33
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34
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.

35
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.

36
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.

37
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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39
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
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