Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (2009)

• Jurisdiction: South Africa
• Pages: 114-142
• Citation: 2017 JOLGA 114
• Date: 22 May 2019
• Published date: 22 May 2019
• Author: None

114

AGREEMENT ON PORT STATE

MEASURES TO PREVENT,

DETER AND ELIMINATE

ILLEGAL, UNREPORTED AND

UNREGULATED FISHING

PREAMBLE

THE PARTIES TO THIS AGREEMENT:

DEEPLY CONCERNED about the continuation of illegal, unreported

and unregulated fishing and its detrimental effect upon fish

stocks, marine ecosystems and the livelihoods of legitimate

fishers, and the increasing need for food security on a global

basis,

CONSCIOUS of the role of the port State in the adoption of

effective measures to promote the sustainable use and the long-

term conservation of living marine resources,

RECOGNISING that measures to combat illegal, unreported and

unregulated fishing should build on the primary responsibility

of flag States and use all available jurisdiction in accordance

with international law, including port State measures, coastal

State measures, market related measures and measures to ensure

that nationals do not support or engage in illegal, unreported

and unregulated fishing,

RECOGNISING that port State measures provide a powerful and

cost-effective means of preventing, deterring and eliminating

illegal, unreported and unregulated fishing,

AWARE of the need for increasing coordination at the regional

and interregional levels to combat illegal, unreported and

unregulated fishing through port State measures,

ACKNOWLEDGING the rapidly developing communications

technology, databases, networks and global records that support

port State measures,

RECOGNISING the need for assistance to developing countries to

adopt and implement port State measures,

TAKING NOTE of the calls by the international community through

the United Nations System, including the United Nations

General Assembly and the Committee on Fisheries of the Food

2017 JOLG 114

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Agreement on Port State Measures to prevent, deter and eliminate

illegal, unreported and unregulated Fishing 115

and Agriculture Organisation of the United Nations, hereinafter

referred to as ‘FAO’, for a binding international instrument

on minimum standards for port State measures, based on the

2001 FAO International Plan of Action to Prevent, Deter and

Eliminate Illegal, Unreported and Unregulated Fishing and the

2005 FAO Model Scheme on Port State Measures to Combat

Illegal, Unreported and Unregulated Fishing,

BEARING IN MIND that, in the exercise of their sovereignty over

ports located in their territory, States may adopt more stringent

measures, in accordance with international law,

RECALLING the relevant provisions of the United Nations

Convention on the Law of the Sea of 10 December 1982,

hereinafter referred to as the ‘Convention’,

RECALLING the Agreement for the Implementation of the

Provisions of the United Nations Convention on the Law of

the Sea of 10 December 1982 relating to the Conservation and

Management of Straddling Fish Stocks and Highly Migratory

Fish Stocks of 4 December 1995, the Agreement to Promote

Compliance with International Conservation and Management

Measures by Fishing Vessels on the High Seas of 24 November

1993 and the 1995 FAO Code of Conduct for Responsible

Fisheries,

RECOGNISING the need to conclude an international agreement

within the framework of FAO, under Article XIV of the FAO

Constitution,

Have agreed as follows:

PART 1 – GENERAL PROVISIONS

Article 1. Use of terms

For the purposes of this Agreement:

(a) ‘conservation and management measures’ means measures

to conserve and manage living marine resources that are

adopted and applied consistently with the relevant rules of

international law including those reflected in the Convention;

(b) ‘fish’ means all species of living marine resources, whether

processed or not;

(c) ‘fishing’ means searching for, attracting, locating, catching,

taking or harvesting fish or any activity which can reasonably

be expected to result in the attracting, locating, catching,

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