Regional fishery body

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A regional fishery body (RFB) [1] is a type of international organization that is part of an international fishery agreement or arrangement to cooperate on the sustainable use and conservation of marine living resources (fish and marine mammals) and/or the development of marine capture fisheries whose such capacity has been recognized by the UN Food and Agriculture Organization.

Contents

These entities encompass a multifaceted array of functions, including the systematic gathering, analysis, and dissemination of pertinent data. Additionally, they serve as a pivotal hub for the coordination of fisheries management endeavors through collaborative schemes and mechanisms. Furthermore, these entities assume the role of a technical and policy forum, wherein deliberations transpire and decisions are rendered concerning matters germane to the conservation, management, development, and judicious utilization of fisheries resources. [2]

Certain Regional Fishery Bodies (RFBs) wield the authority to enact regulatory measures upon their member states. Consequently, an RFB is classified as one of the following two types:

RFABs issue non-binding recommendations only, but they are usually organised as more independent, impartial expert bodies, expected to be guided by science rather than the political interests of its members. RFMOs are in turn more politicised, but their decisions are binding for the members and subject to enforcement. Therefore, the usually science-focused recommendations issued by the relatively independent RFABs often constitute the scientific input to the RMFOs, where they are subject to political negotiations between the members, to adjust them to social and economic reality and to translate them into politically acceptable and tenable binding decisions, which the RMFOs subsequently enforce. In some regions where there are only a few actors and they are willing to cooperate on a non-confrontational basis, they may choose to establish a regional fishery management arrangement (RFMA) exercised directly by them rather than to form a more expensive incorporated RFMO. The difference between an RFMO and an RFMA is that the former has established a Secretariat that operates under a governing body of Member States and the latter does not. [3] [4]

Regional fishery management organisation

Termed regional fishery management organisation (RFMO), [5] these entities represent a specialized subset within the broader category of RFBs.

RFMOs currently stand as paramount institutions within the realm of international fisheries law—a specialized domain within international law dedicated to the conservation, management, and/or development of marine capture fisheries. This legal framework comprises substantive norms encompassing rights, duties, and objectives, substantive fisheries standards including catch limits, and institutional rules and structures delineating mandates and decision-making procedures. Positioned within the purview of public international law, international fisheries law can be construed as a subset of the broader field of international maritime law.

History [6] [7]

The genesis of international fisheries law can be traced back to the late 19th century when North Sea coastal States implemented multilateral regulations to govern fishing activities at sea. During this historical period, the United States unsuccessfully attempted to establish coastal State jurisdiction for the protection of fur seals in high seas areas adjacent to its territorial sea. An essential milestone in the early development of this legal framework was the establishment of the International Pacific Halibut Commission (IPHC) in 1924, considered an early manifestation of a Regional Fisheries Management Organization (RFMO) before the formalization of this terminology.

These initial multilateral initiatives laid the foundation for subsequent developments, leading to the formation of the North-East Atlantic Fisheries Commission (NEAFC) and the Northwest Atlantic Fisheries Organization (NAFO) shortly after World War II. Simultaneously, the International Whaling Commission (IWC) was founded in 1948, with a primary focus on marine mammals, although it does not fall under the classification of an RFMO within this context.

In contrast to these developments, the 1958 High Seas Fishing Convention did not assign a prominent role to regional fisheries bodies; instead, it relied on the special interests of coastal States to ensure the productivity of living resources in high seas areas adjacent to their territorial sea. [7]

However, provisions within the United Nations Convention on the Law of the Sea (UNCLOS) addressing transboundary fish stocks and high-seas fishing, coupled with the subsequent Fish Stocks Agreement, emphasized a more significant role for cooperation through subregional and regional organizations, commonly referred to as RFMO. These agreements underscored the importance of regional collaboration in the effective management of high-seas fisheries.

The principal global treaty about Regional Fisheries Management Organizations (RFMOs) is the United Nations Fish Stocks Agreement (UNFSA) of 1995, which came into effect in 2001. This accord significantly enhanced the legal framework governing regional cooperation and underscored the pivotal role of RFMOs as instrumental mechanisms for states to fulfill their obligations in safeguarding and overseeing fish populations. Central to its provisions is the stipulation that exclusive access to the pertinent fishery resources is granted solely to countries that are members of the relevant organization or those that explicitly commit to implementing the organization's prescribed procedures.

Currently, RFMOs are recognized as the principal institutions in the domain of international fisheries law. This acknowledgment is based not only on the geographical distribution of numerous fish stocks but also on proactive measures initiated within these organizations. Innovations within RFMO, such as the ecosystem approach to fisheries (EAF) management outlined in the Convention on the Conservation of Antarctic Marine Living Resources (CAMLR), have been elevated to global standards, significantly influencing the trajectory of international fisheries law.

Exemplifying this influence is the conceptualization of illegal, unreported, and unregulated (IUU) fishing by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), leading to the implementation of the IPOA-IUU and the PSM Agreement. Despite the acknowledgment of RFMO as the primary mechanism for regional fisheries regulation, challenges persist in achieving comprehensive high-seas coverage that adheres to the minimum standards delineated in the Fish Stocks Agreement.

Ongoing efforts are directed toward the modernization of existing fisheries bodies and the establishment of new RFMO to effectively address these gaps. This underscores the dynamic nature of international fisheries law, where the evolution of these organizations reflects the steadfast commitment of the global community to the sustainable management and conservation of marine living resources.

RFMOs

A regional fishery management organisation (RFMO) [8] is a type of RFB entrusted with sustainable management of fish stocks in a particular region, or of highly migratory species. RFMOs coalesce through the collaboration of nations demonstrating pronounced fishing interests within specific geographic domains.  These encompass coastal states whose maritime territories encompass at least a segment of a formally acknowledged fish population, alongside "distant water fishing nations" (DWFN), whose fleets venture to regions where a fish stock is situated.

These entities are also designed to be inclusive, extending accessibility to nations whose fishing fleets have historically engaged in activities within those delineated areas or exhibit a vested interest in participating in such endeavors.

Integral to the paradigm of fisheries management, RFMOs assume a paramount and indispensable position. Their significance emanates from the vested authority they wield in promulgating internationally legally binding measures about the comprehensive conservation and management of fisheries, spanning both fishing operations and associated activities. RFMOs exercise the prerogative to establish a diverse array of rules governing fishery management, deploying strategic tools such as catch limits (quota), technical measures, spatial and/or temporal restrictions, and overseeing monitoring, control, and surveillance activities to ensure rigorous adherence to these regulations. Informed by the scientific counsel provided by their dedicated scientific bodies, RFMOs systematically engage in the periodic review and evaluation of member compliance, thereby substantiating their pivotal role in fostering the sustainable governance of fisheries resources.

The preponderance of Regional Fishery Management Organizations (RFMOs) has been established with the overarching objective of conserving and managing marine waterways, encompassing both high seas and national waters. Conversely, inland waterways fall under the purview of a solitary RFMO. Two principal categories characterize RFMOs: generic RFMOs, entrusted with the conservation and management of live marine resources or fisheries resources at large within their respective areas of competence, and species-specific RFMOs, dedicated to the conservation of particular stocks or species.

Notably, within the latter classification, a substantive subset comprises Tuna RFMOs, responsible for the conservation and management of tuna and tuna-like species. It is noteworthy that three of the generic RFMOs incorporate mandates that encompass requirements related to aquaculture. [6]

Hence, the provided categorization captures the classification of the three distinct types of RFMOs: [9]

Certain early instances of RFMO were initially structured with a scope confined solely to target stocks. Nevertheless, numerous of these entities have subsequently revised their foundational charters to encompass the ecosystem approach to fisheries and the precautionary approach. These amendments are aimed at guaranteeing the safeguarding of populations, species, ecosystems, and habitats linked to fisheries, concurrently permitting the sustainable utilization of living marine resources. Recently established RFMOs, exemplified by SEAFO, SIOFA, and SPRFMO, have inherently incorporated analogous principles into their foundational documents from their inception.

This wide diversity of mandates and areas of application, and also effective implementation of regulations, opens up opportunities to combat illegal, unreported and unregulated fishing vessels, though there are also opinions that the system is ineffective. [11]

Alternative arrangements

Arrangements represent collaborative agreements among nations or entities to administer fish stocks within specific regions, particularly addressing straddling or highly migratory fish stocks. [12]

A regional fishery management arrangement denotes an international fishery agreement that refrains from establishing a formal regional fishery body, while the fishery management is exercised instead directly by the contracting parties, an option limited mostly to cases where there are only two actors in a basin. An example is the Baltic Sea where, due to reduction in 2004 in the number of actors in the basin from six to just two, the formerly existing general RMFO (the International Baltic Sea Fisheries Commission) was dissolved in 2007, while according to the new general regional fishery management arrangement, the fishery management tasks have been taken over directly by the two extant actors in the basin, namely the EU and Russia. Nevertheless, the sea has remained under management by a tuna RMFO (ICCAT) and two other specialised RFMOs dedicated to salmon (NASCO) and whaling (IWC).

The primary distinctions between the constitutive instrument of a Regional Fishery Management Organization (RFMO) and an Arrangement lie in the fact that the latter does not institute an international organization, thereby omitting the creation of a Secretariat. Additionally, an Arrangement may adopt a non-legally binding character. [4]

The European Union (EU) is a signatory to the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean. The EU's active involvement in this agreement serves as a testament to its dedication to the promotion of sustainable fisheries management at the international level.

Regional fishery advisory bodies

Regional Fisheries Advisory Bodies (RFABs) [6] serve as pivotal entities fostering collaboration and coordination among member states, aimed at advancing the sustainable utilization of living aquatic resources. Its primary objective lies in the surveillance and oversight of marine living resources within the respective confines of national waterways. Nonetheless, a limited subset of these bodies has been expressly established to preside over and regulate the administration of inland waters and rivers.

RFABs craft recommendations and deliver expert guidance to member nations. Their principal objective is to formulate strategies that promote the conscientious exploitation of marine resources within defined geographic domains. This endeavor contributes to the progression of sustainable practices and policies within the field of fisheries management.

Concerning RFMOs, multiple demands have been made in different international fora, including COFI and the United Nations General Assembly, to improve RFABs. The size, target regions, and activities of RFABs vary widely. One RFAB is solely concerned with marine mammals, while the others deal with more general fisheries and fisheries-related concerns. The majority of the RFABs have been formed to monitor marine living resources in national waterways, but eight have been established to manage inland waters and rivers. Many RFABs also deal with aquaculture concerns.

Hence, the provided categorization captures the classification of the twenty-four most important RFABs: [6]

Related Research Articles

<span class="mw-page-title-main">Fishery</span> Raising or harvesting fish

Fishery can mean either the enterprise of raising or harvesting fish and other aquatic life or, more commonly, the site where such enterprise takes place. Commercial fisheries include wild fisheries and fish farms, both in freshwater waterbodies and the oceans. About 500 million people worldwide are economically dependent on fisheries. 171 million tonnes of fish were produced in 2016, but overfishing is an increasing problem, causing declines in some populations.

<span class="mw-page-title-main">Albacore</span> Species of tuna

The albacore, known also as the longfin tuna, is a species of tuna of the order Scombriformes. It is found in temperate and tropical waters across the globe in the epipelagic and mesopelagic zones. There are six distinct stocks known globally in the Atlantic, Pacific, and Indian oceans, as well as the Mediterranean Sea. The albacore has an elongate, fusiform body with a conical snout, large eyes, and remarkably long pectoral fins. Its body is a deep blue dorsally and shades of silvery white ventrally. Individuals can reach up to 1.4 m in length.

<span class="mw-page-title-main">Overfishing</span> Removal of a species of fish from water at a rate that the species cannot replenish

Overfishing is the removal of a species of fish from a body of water at a rate greater than that the species can replenish its population naturally, resulting in the species becoming increasingly underpopulated in that area. Overfishing can occur in water bodies of any sizes, such as ponds, wetlands, rivers, lakes or oceans, and can result in resource depletion, reduced biological growth rates and low biomass levels. Sustained overfishing can lead to critical depensation, where the fish population is no longer able to sustain itself. Some forms of overfishing, such as the overfishing of sharks, has led to the upset of entire marine ecosystems. Types of overfishing include: growth overfishing, recruitment overfishing, ecosystem overfishing.

<span class="mw-page-title-main">Common Fisheries Policy</span> EU fisheries policy

The Common Fisheries Policy (CFP) is the fisheries policy of the European Union (EU). It sets quotas for which member states are allowed to catch each type of fish, as well as encouraging the fishing industry by various market interventions. In 2004 it had a budget of €931 million, approximately 0.75% of the EU budget.

The Northwest Atlantic Fisheries Organization (NAFO) is an intergovernmental organization with a mandate to provide scientific advice and management of fisheries in the northwestern part of the Atlantic Ocean. NAFO is headquartered in Halifax, Nova Scotia, Canada.

<span class="mw-page-title-main">National Marine Fisheries Service</span> Office of the U.S. National Oceanic and Atmospheric Administration

The National Marine Fisheries Service (NMFS), informally known as NOAA Fisheries, is a United States federal agency within the U.S. Department of Commerce's National Oceanic and Atmospheric Administration (NOAA) that is responsible for the stewardship of U.S. national marine resources. It conserves and manages fisheries to promote sustainability and prevent lost economic potential associated with overfishing, declining species, and degraded habitats.

<span class="mw-page-title-main">Illegal, unreported and unregulated fishing</span> International issue

Illegal, unreported and unregulated fishing (IUU) is an issue around the world. Fishing industry observers believe IUU occurs in most fisheries, and accounts for up to 30% of total catches in some important fisheries.

The Fishery Resources Monitoring System (FIRMS) is a partnership of intergovernmental fisheries organizations that share information on the global monitoring and management of marine fishery resources.

The South East Atlantic Fisheries Organisation (SEAFO) is an organization that maintains controls over fishing and fishing related acts in the Southeastern Atlantic Ocean.

<span class="mw-page-title-main">Asia-Pacific Fishery Commission</span> Intergovernmental organization

The Asia-Pacific Fishery Commission (APFIC), originally called the Indo-Pacific Fisheries Council (IPFC) is a Food and Agriculture Organization (FAO) Article XIV Regional Fisheries Body which covers fisheries, aquaculture and related aquatic resource issues in the Asia-Pacific region. APFIC functions as a Regional Consultative Forum raising awareness amongst member countries, fisheries organizations and fisheries professionals in the Asia-Pacific region.

<span class="mw-page-title-main">Fishing industry in the United States</span>

As with other countries, the 200 nautical miles (370 km) exclusive economic zone (EEZ) off the coast of the United States gives its fishing industry special fishing rights. It covers 11.4 million square kilometres, which is the second largest zone in the world, exceeding the land area of the United States.

<span class="mw-page-title-main">Western and Central Pacific Fisheries Commission</span>

The Western and Central Pacific Fisheries Commission (WCPFC) is both a general and a tuna regional fisheries management organisation established to conserve and manage tuna and other highly migratory fish stocks across the western and central areas of the Pacific Ocean. Its full name is Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean. It commenced operations in late 2005, and its secretariat is based in Pohnpei, in the northern Pacific state of the Federated States of Micronesia.

<span class="mw-page-title-main">International Seafood Sustainability Foundation</span>

International Seafood Sustainability Foundation (ISSF) was formed in 2009 as a global, non-profit partnership among the tuna industry, scientists and World Wide Fund for Nature. The multistakeholder group states its mission is "to undertake science-based initiatives for the long-term conservation and sustainable use of tuna stocks, reducing bycatch and promoting ecosystem health". Regional Fisheries Management Organizations (RFMOs) are primarily responsible for managing the world's tuna stocks—skipjack, yellowfin and albacore tuna, the species most commonly processed for canned and shelf-stable tuna products, but their parliamentary procedures too often allow the short-term economic and political interests of nations to prevent sustainable measures from being adopted. ISSF works to ensure that effective international management practices are in place to maintain the health of all the tuna stocks.

The Coordinating Working Party on Fishery Statistics (CWP) provides a mechanism to coordinate fishery statistical programmes of regional fishery bodies and other inter-governmental organizations with a remit for fishery statistics.

Dr. Moritaka Hayashi is an international lawyer, scholar and author, who is widely considered a leading expert on the impact of human activity on the world's oceans. Over a period of nearly 40 years, he has published extensively on issues involving the law of the sea, including overfishing, maritime shipping and maritime security. In 2008, he served on an international commission that generated controversy by calling for the immediate suspension of bluefin tuna fishing in the Eastern Atlantic Ocean and Mediterranean Sea. He has also served as an official at the United Nations and as a diplomat for the Permanent Mission of Japan to the United Nations.

<span class="mw-page-title-main">Pacific Islands Forum Fisheries Agency</span> International organization in Oceania

The Pacific Islands Forum Fisheries Agency (FFA) is an intergovernmental agency established in 1979 to facilitate regional co-operation and co-ordination on fisheries policies between its member states in order to achieve conservation and optimum utilisation of living marine resources, in particular highly migratory fish stocks, for the benefit of the peoples of the region, in particular the developing countries. The office campus is located in Honiara, Solomon Islands

The following outline is provided as an overview of and topical guide to fisheries:

High seas fisheries management refers to the governance and regulation of fishing activities in areas beyond national jurisdiction, often referred to as the 'high seas'. The 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the 1995 United Nations Fish Stock Agreement (UNFSA) provide the international legal framework for the regulation of fishing activities in areas beyond national jurisdiction. The United Nations Fish Stock Agreement delegates responsibility for conservation and management of fish stocks to regional fisheries management organizations (RFMOs) each governing a geographical area of the high seas.

Illegal, unreported and unregulated fishing (IUU) in the Arctic is an under researched scientific field. The most recent academic articles about IUU in the Arctic mainly concerns the mid-2000s.

The fishing industry in Thailand, in accordance with usage by The World Bank, the UN's Food and Agriculture Organization (FAO) and other multinational bodies, refers to and encompasses recreational fishing, aquaculture, and wild fisheries both onshore and offshore.

References

  1. ↑ "FAO Fisheries & Aquaculture - Regional Fisheries Bodies (RFB)". www.fao.org. Food and Agriculture Organisation. Retrieved 22 April 2017.
  2. ↑ "FAO Fisheries & Aquaculture". www.fao.org. Retrieved 2024-01-02.
  3. ↑ "Regional Fishery Bodies | Vulnerable Marine Ecosystems | 联合国粮食及 农业组织". www.fao.org. Retrieved 2024-01-02.
  4. 1 2 1. billè 2. chabason 3. drankier 4. molenaar 5. rochette, 1. raphael 2. lucien 3. petra 4. erik j. 5. julien (2016). Regional Oceans Governance Making Regional Seas Programmes, Regional Fishery Bodies and Large Marine Ecosystem Mechanisms Work Better Together (1st ed.). nairobi: UNEP Regional Seas Programm. p. 4.{{cite book}}: CS1 maint: numeric names: authors list (link)
  5. ↑ Regional fisheries management organisations (RFMOs), Retrieved 2012-01-05.
  6. 1 2 3 4 1. Løbach 2. Petersson 3. Haberkon, 1. Teje 2. Matilda 3. Eliana (2020). "Activities and developments, 2000–2017". Regional fisheries management organizations and advisory bodies (2nd ed.). Rome: FAO Fisheries and Aquaculture Technical Paper No. 651. p. 7. ISBN   978-92-5-132237-6.{{cite book}}: CS1 maint: numeric names: authors list (link)
  7. 1 2 1. ribeiro 2. loureiro bastos 3. henriksen, 1. marta chantal 2. fernando 3. tore (2020). Global Challenges and the Law of the Sea (1st ed.). switzerland: springer. p. 83. ISBN   978-3-030-42670-5.{{cite book}}: CS1 maint: numeric names: authors list (link)
  8. ↑ 1. ceo 2. fagnai 3. swan 4. tamada 5. watanabe, 1. marika 2. sarah 3. judith 4. kumiko 5. hiromoto (2012). PERFORMANCE REVIEWS BY REGIONAL FISHERY BODIES: INTRODUCTION, SUMMARIES, SYNTHESIS AND BEST PRACTICES Volume I: CCAMLR, CCSBT, ICCAT, IOTC, NAFO, NASCO, NEAFC (1st ed.). rome: fao. p. 3.{{cite book}}: CS1 maint: numeric names: authors list (link)
  9. ↑ The official UN FAO directory of all recognised RFBs, including RFMOs by type, as well as RFABs
  10. ↑ http://www.tuna-org.org/ List of the five tuna RFMOs, Retrieved 2009-10-07.
  11. ↑ http://www.seaaroundus.org/OtherWebsites/2010/EcoPolitology_ResearchShowsWorldsFisheriesManagementSystemFailingMiserably.pdf [ bare URL PDF ]
  12. ↑ "Regional fisheries management organisations (RFMOs) - European Commission". oceans-and-fisheries.ec.europa.eu. 2023-12-08. Retrieved 2024-01-02.
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