IMPLEMENTATION OF PORT STATE MEASURES - …

1 IMPLEMENTATION OF PORT STATE MEASURESLEGISLATIVE TEMPLATEFRAMEWORK FOR PROCEDURES ROLE OF regional fisheries management ORGANIZATIONSThis document provides legislative templates to implement port STATE MEASURES as agreed in the FAO Agreement on Port STATE MEASURES to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing and the Indian Ocean Tuna Commission Resolution 10/11, and explains the broader context of port STATE legislative templates present a framework for implementing the core provisions of these legal instruments into national legislation, as well as supporting provisions that reflect best practices and relate to areas such as enforcement, information and evidence.

2 The templates are generic and may be adapted to different legal systems, institutions and instruments. They are accompanied by explanatory development of port STATE MEASURES , a framework for national procedures and the role of regional fishery management organizations are also OF PORT STATE MEASURES LEGISLATIVE TEMPLATE FRAMEWORK FOR PROCEDURES ROLE OF regional fisheries management ORGANIZATIONS I5801E/1 978-92-5-109303-09789251 093030 Cover photograph and photographs on pages x, 94, 132 and 140 by Per Erik Bergh.

3 Stop Illegal Fishing Photograph on page 152 by IOTC regional Observer Programme to Monitor Transhipment at Sea IMPLEMENTATION OF PORT STATE MEASURES LEGISLATIVE TEMPLATE FRAMEWORK FOR PROCEDURES ROLE OF regional fisheries management ORGANIZATIONS Judith Swan FAO Consultant Common Oceans ABNJ Tuna Project Rome, Italy Food and Agriculture organization of the United Nations Rome, 2016 The designations employed and the presentation of material in this information product do not imply the expression of any opinion whatsoever on the part of the Food and Agriculture organization of the United Nations (FAO) concerning the legal or development status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.

4 The mention of specific companies or products of manufacturers, whether or not these have been patented, does not imply that these have been endorsed or recommended by FAO in preference to others of a similar nature that are not views expressed in this information product are those of the author(s) and do not necessarily reflect the views or policies of 978-92-5-109303-0 FAO, 2016 FAO encourages the use, reproduction and dissemination of material in this information product. Except where otherwise indicated, material may be copied, downloaded and printed for private study, research and teaching purposes, or for use in non-commercial products or services, provided that appropriate acknowledgement of FAO as the source and copyright holder is given and that FAO s endorsement of users views, products or services is not implied in any requests for translation and adaptation rights.

5 And for resale and other commercial use rights should be made via or addressed to information products are available on the FAO website ( ) and can be purchased through iii IMPLEMENTATION OF PORT STATE MEASURES PREPARATION OF THIS DOCUMENT Port STATE MEASURES are the front line of attack against illegal, unreported and unregulated (IUU) fishing, whether it occurs in waters under national jurisdiction or the high seas. IMPLEMENTATION of these MEASURES by all port states , using minimum standards agreed at global and regional levels, is of vital importance for the sustainability of the tuna and other fisheries resources occurring in all marine areas.

6 The entry into force of the FAO Agreement on port STATE MEASURES to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated (IUU) Fishing on 5 June 2016 reflected the successful culmination of global efforts to combat IUU fishing by setting harmonized minimum standards for MEASURES to be taken at port. It targets IUU fishing and fishing related activities in support of such fishing, and its reach extends to areas within and beyond national jurisdiction. Many regional fishery management organizations (RFMOs) and some countries have been active in preparing for entry into force, but the development and adoption of national implementing legislation has become imperative.

7 This document provides a legislative template and related information for use by port states and, as appropriate, to facilitate those initial steps. The document was developed in the framework of the Common Oceans ABNJ Tuna Project funded by the Global Environment Facility and implemented by the FAO. The Common Oceans ABNJ Tuna Project harnesses the efforts of a large and diverse array of partners, including the five tuna RFMOs, governments, inter-governmental organizations, non-governmental organizations and private sector.

8 The Project aims to achieve responsible, efficient and sustainable tuna production and biodiversity conservation in the ABNJ focusing on three thematic areas including: Improving management Combatting IUU fishing Protecting biodiversity Under the second thematic area, the Project supports the IMPLEMENTATION of port STATE MEASURES , as well as other actions to empower states in their fight against IUU fishing. iv IMPLEMENTATION OF PORT STATE MEASURES ACKNOWLEDGEMENTS Support in the preparation and use of this publication is gratefully acknowledged.

9 The Common Oceans ABNJ Tuna Project initiated the preparation of the document and coordinated guidance for its development. Reviews were provided by Teresa Amador (Ecosphere Consultants), Matthew Camilleri and Blaise Kuemlangan (FAO). Information and input was also provided by national experts, RFMO Secretariats and Stop Illegal Fishing, who also provided pictures. The legislative template was used in FAO workshops and IOTC training and legislative development on port STATE MEASURES prior to its publication.

10 V IMPLEMENTATION OF PORT STATE MEASURES TABLE OF CONTENTS Preparation of this document iii Acknowledgements iv Acronyms vii Executive Summary ix 1. INTRODUCTION AND BACKGROUND 1 Port STATE MEASURES 1 Legislative IMPLEMENTATION of port STATE MEASURES 4 Challenges and checklists for the development of national legislation 5 Potential support for IMPLEMENTATION 7 2. FAO AGREEMENT AND IOTC RESOLUTION 9 Introduction to the FAO Agreement and IOTC Resolution 9 Framework of the FAO Agreement and IOTC 10 Resolution Summary of trends in national implementing legislation 16 3.