UN Fish stock Agreement, Shared fish stocks, FAO compliance agreement& Conflict management in Fisheries sector

1. Presented by:
Bhukya Bhaskar
frmpb09

2. Some of the Abbreviations related to UNFSA
➢ UNFSA : UN Fish stock Agreement
➢ HMS : Highly migratory fish stocks
➢
ICSP : Informal Consultation of States Parties
➢
IUU : Illegal, unreported and unregulated (fishing)
➢
MCS : Monitoring, control and surveillance
➢
RFMOs : Regional fisheries management
organizations
➢
SFS : Straddling fish stocks
➢
UNCLOS : UN Convention on the Law of the Sea
➢ UNDOALOS : UN Department for Ocean Affairs and
the Law of the Sea
➢
VMS : Vessel monitoring system
•

4. Introduction about UNFSA
• The UNCLOS of 10 December 1982 relating to UN Conference
on Straddling Fish Stocks (SFS) & Highly Migratory Fish
Stocks (HMS), called for by Agenda 21, to address problems
related to the harvesting of stocks on the high seas.
• Six substantive sessions were held from 1993 to 1995.
• The Conservation and Management of Straddling Fish
Stocks and Highly Migratory Fish Stocks (herein referred
to as the Fish Stocks Agreement or FSA) was adopted on 4
August 1995 by the United Nations Conference on
Straddling Fish Stocks and Highly Migratory Fish Stocks.
• The UNFSA entered into force on 11th December 2001.
• Article 2; Objective UNFSA is 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.

5. UNFSA Abstract
Part
No
Title of the Part Articles
I General provisions (Art 1 to 4)
II Conservation and Management of Straddling fish stocks&highly migratory fish stocks (Art 5- 7)
III
Mechanisms for international cooperation concerning straddling fish stocks and highly
migratory fish Stocks
(Art 8-16)
IV Non-members and non-participants (Art 17)
V Duties of the flag state (Art 18 )
VI Compliance and enforcement Art 19 - 23
VII Requirements of developing states Art 24 -26
VIII Peaceful settlement of disputes Art 27 - 32
IX Non-parties to this agreement (Art 33)
X Good faith and abuse of rights (Art 34)
XI Responsibility and liability (Art 35)
XII Review conference Art 36
XIII Final provisions Art 37- 50
anx-I Standard requirements for the collection and sharing of data (Art 1 -7)
II guidelines for the application of precautionary reference points in conservation and
management of straddling fish stocks and highly migratory fish stocks

6. The main elements of the 1995 UN Fish Stocks
Agreement are:
• 1. The Agreement requires coastal States and DWFSs to ensure that the
conservation and management measures, which are created within the
EEZ, and on the high seas, are compatible.
• 2. It sets out general principles for the conservation and management
of straddling fish stocks and highly migratory fish stocks, including the
precautionary approach, which Parties to the Agreement are to apply
on the high seas as well as within the EEZ.
• 3. The Agreement includes detailed rules on the establishment and
operation of sub-regional or regional fisheries management
organizations or arrangements (RFOs, hereafter), which are to establish
conservation and management measures on the high seas.
• Parties to the Agreement are obliged to join RFOs, or agree to comply
with the measures they create.
• If they do not do so, they will not be allowed to fish in the areas where
these management measures apply. It can be argued that the RFO
regime constitutes the heart of the Agreement

7. The main elements of the 1995 UNFSA
• 4. The Agreement specifies the duties of the flag
States with respect to their vessels fishing on the
high seas.
• 5. The Agreement introduces innovative
provisions on enforcement for non-flag states, as
well as providing for port-state jurisdiction in
respect of fishing vessels.
• 6. The Agreement contains detailed provisions
on peaceful dispute settlement.

8. UNFSA aims
➢ The UNFSA aims to ensure the long-term conservation and
sustainable use of straddling and highly migratory fish stocks, and
includes general principles for their conservation and management
and provisions on, inter alia:
➢ application of the precautionary approach
➢ compatibility of conservation and management measures;
➢ cooperation for conservation and management;
➢ RFMOs;
➢ collection and provision of information and cooperation in
scientific research;
➢ non-members of RFMOs;
➢ duties of, and compliance and enforcement by, flag States;
➢ international, subregional and regional cooperation in
enforcement;

9. UNFSA; Part-I
• Article 1 ; Use of terms and Scope
• Article 2; Objective
• Article 3; Application
• Article 4; Relationship between this Agreement
and the Convention

10. PART II
CONSERVATION AND MANAGEMENT OF
STRADDLING FISH STOCKS AND HIGHLY MIGRATORY
FISH STOCKS
• Article 5; General principles
Article 6; Application of the precautionary
approach
Article 7; Compatibility of conservation and
management measures

11. PART II
CONSERVATION AND MANAGEMENT OF STRADDLING FISH
STOCKS AND HIGHLY MIGRATORY FISH STOCKS
Article 5 General principles
• In order to conserve and manage straddling fish
stocks and highly migratory fish stocks, States
shall, in giving effect to their duty to cooperate in
accordance with the Convention:

12. Article 6; Application of the precautionary approach
1. States shall apply the precautionary approach widely to
conservation, management and exploitation of straddling fish
stocks and highly migratory fish stocks in order to protect the
living marine resources and preserve the marine
environment.
2. States shall be more cautious when information is uncertain,
unreliable or inadequate. The absence of adequate scientific
information shall not be used as a reason for postponing or
failing to take conservation and management measures.
3. In implementing the precautionary approach, States shall:
(a) improve decision-making for fishery resource conservation
and management by obtaining and sharing the best scientific
information available and implementing improved techniques
for dealing with risk and uncertainty;

13. Article 7; Compatibility of conservation
and management measures
• Without prejudice to the sovereign rights of
coastal States for the purpose of exploring
and exploiting, conserving and managing
the living marine resources within areas
under national jurisdiction as provided for
in the Convention, and the right of all
States for their nationals to engage in
fishing on the high seas in accordance with
the Convention:

14. III. Mechanisms for cooperation, RFOs - the
issue of participation
✓ Article 8 ;Cooperation for conservation and management
✓ Article 9; Subregional and regional fisheries management
organizations and arrangements
✓ Article 10 ;Functions of subregional and regional fisheries
management organizations and arrangements
✓ Article 11 New members or participants
✓ Article 12 Transparency in activities of subregional and regional
fisheries management organizations and arrangements
✓ Article 13 Strengthening of existing organizations and arrangements
✓ Article 14 Collection and provision of information and cooperation in
scientific research
✓ Article 15 Enclosed and semi-enclosed seas
✓ Article 16 Areas of high seas surrounded entirely by an area under
the national jurisdiction of a single State

15. IV. Mechanism for cooperation, RFOs - the
issue of geographic competence
✓Article 17; Non-members of organizations
and non-participants in arrangements;
• 1. A State which is not a member of a subregional or regional
fisheries management organization 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.
• 2. Such State shall not authorize vessels flying its flag to engage in
fishing operations for the straddling fish stocks or highly migratory
fish stocks which are subject to the conservation and management
measures established by such organization or arrangement.

16. Con…
• 3. States which are members of a subregional or regional fisheries
management organization or participants in a subregional or regional
fisheries management arrangement shall, individually or jointly, request
the fishing entities referred to in article 1, paragraph 3, which have
fishing vessels in the relevant area to cooperate fully with such
organization or arrangement in implementing the conservation and
management measures it has established, with a view to having such
measures applied de facto as extensively as possible to fishing activities
in the relevant area. Such fishing entities shall enjoy benefits from
participation in the fishery commensurate with their commitment to
comply with conservation and management measures in respect of the
stocks.
• 4. States which are members of such organization or participants in
such arrangement shall exchange information with respect to the
activities of fishing vessels flying the flags of States which are neither
members of the organization nor participants in the arrangement and
which are engaged in fishing operations for the relevant stocks. They
shall take measures consistent with this Agreement and international
law to deter activities of such vessels which undermine the
effectiveness of subregional or regional conservation and management
measures.

17. V. Duties of the flag State
Article 18 Duties of the flag State
➢It establishes the basic concept of flag state
responsibility over vessels fishing on the high
seas and outlines detailed provisions on the
specific obligations to which a flag state must
agree and implement before its nationals are
permitted to fish on the high seas and in areas
managed by RFOs.

18. VI. Compliance and enforcement
• Article 19 Compliance and enforcement by the flag State
• Article 20; International cooperation in enforcement
• Article 21; Sub-regional and regional cooperation in
enforcement.
• Article 22; Basic procedures for boarding and inspection
pursuant to article 21
• Article 23; Measures taken by a port State

19. ▪ procedures for boarding and inspection;
▪ measures taken by port States;
▪ special requirements and forms of cooperation
with developing countries;
▪ dispute settlement
▪ The Agreement establishes a set of rights and
obligations for States to conserve and manage the
two types of fish stocks as well as associated and
dependent species, and to protect the marine
environment.

20. • An associated Assistance Fund was established by
the UN General Assembly in 2003 to assist
developing States parties in UNFSA
implementation.
• Following General Assembly resolution 56/13,
informal consultations of States parties (ICSP)
have been held at UN headquarters in New York
every year since 2002 to consider the regional,
sub-regional and global implementation of the
Agreement and prepare for the Review
Conference

21. PART VII
REQUIREMENTS OF DEVELOPING STATES
• Article 24; Recognition of the special requirements of
developing States
• Article 25; Forms of cooperation with developing States.
• Article 26; Special assistance in the implementation of
this Agreement.

22. PART VIII
PEACEFUL SETTLEMENT OF DISPUTES
• Article 27; Obligation to settle disputes by peaceful means
• Article 28; Prevention of disputes
• Article 29 Disputes of a technical nature
• Article 30; Procedures for the settlement of disputes
• Article 31;Provisional measures
• Article 32;Limitations on applicability of procedures for the
settlement of disputes

23. PART VIII
PEACEFUL SETTLEMENT OF DISPUTES
• Article 27 Obligation to settle disputes by peaceful means
• States have the obligation to settle their disputes by negotiation, inquiry,
mediation, conciliation, arbitration, judicial settlement, resort to regional
agencies or arrangements, or other peaceful means of their own choice.
• Article 28; Prevention of disputes
• States shall cooperate in order to prevent disputes. To this end, States shall
agree on efficient and expeditious decision-making procedures within
subregional and regional fisheries management organizations and
arrangements and shall strengthen existing decision-making procedures as
necessary.
• Article 29 Disputes of a technical nature
• Where a dispute concerns a matter of a technical nature, the States concerned
may refer the dispute to an ad hoc expert panel established by them. The
panel shall confer with the States concerned and shall endeavour to resolve
the dispute expeditiously without recourse to binding procedures for the
settlement of disputes.

24. Article 30; Procedures for the settlement of disputes
• Article 30; Procedures for the settlement of disputes
• 1. The provisions relating to the settlement of disputes set out in Part XV of the
Convention apply mutatis mutandis to any dispute between States Parties to this
Agreement concerning the interpretation or application of this Agreement,
whether or not they are also Parties to the Convention.
• 2. The provisions relating to the settlement of disputes set out in Part XV of the
Convention apply mutatis mutandis to any dispute between States Parties to this
Agreement concerning the interpretation or application of a subregional,
regional or global fisheries agreement relating to straddling fish stocks or highly
migratory fish stocks to which they are parties, including any dispute concerning
the conservation and management of such stocks, whether or not they are also
Parties to the Convention.
• 3. Any procedure accepted by a State Party to this Agreement and the
Convention pursuant to article 287 of the Convention shall apply to the
settlement of disputes under this Part, unless that State Party, when signing,
ratifying or acceding to this Agreement, or at any time thereafter, has accepted
another procedure pursuant to article 287 for the settlement of disputes under
this Part.

25. Article 30; cont…
• 4. A State Party to this Agreement which is not a Party to the
Convention, when signing, ratifying or acceding to this Agreement, or at
any time thereafter, shall be free to choose, by means of a written
declaration, one or more of the means set out in article 287, paragraph
1, of the Convention for the settlement of disputes under this Part.
Article 287 shall apply to such a declaration, as well as to any dispute to
which such State is a party which is not covered by a declaration in
force. For the purposes of conciliation and arbitration in accordance
with Annexes V, VII and VIII to the Convention, such State shall be
entitled to nominate conciliators, arbitrators and experts to be included
in the lists referred to in Annex V, article 2, Annex VII, article 2, and
Annex VIII, article 2, for the settlement of disputes under this Part.
• 5. Any court or tribunal to which a dispute has been submitted under
this Part shall apply the relevant provisions of the Convention, of this
Agreement and of any relevant subregional, regional or global fisheries
agreement, as well as generally accepted standards for the
conservation and management of living marine resources and other
rules of international law not incompatible with the Convention, with a
view to ensuring the conservation of the straddling fish stocks and
highly migratory fish stocks concerned.

26. Article 31;Provisional measures
• 1. Pending the settlement of a dispute in accordance with this
Part, the parties to the dispute shall make every effort to enter
into provisional arrangements of a practical nature.
• 2. Without prejudice to article 290 of the Convention, the court
or tribunal to which the dispute has been submitted under this
Part may prescribe any provisional measures which it considers
appropriate under the circumstances to preserve the respective
rights of the parties to the dispute or to prevent damage to the
stocks in question, as well as in the circumstances referred to in
article 7, paragraph 5, and article 16, paragraph 2.
• 3. A State Party to this Agreement which is not a Party to the
Convention may declare that, notwithstanding article 290,
paragraph 5, of the Convention, the International Tribunal for
the Law of the Sea shall not be entitled to prescribe, modify or
revoke provisional measures without the agreement of such
State.

27. Article 32;Limitations on applicability of procedures for
the settlement of disputes
• Article 297, paragraph 3, of the Convention
applies also to this Agreement.

28. PART IX
NON-PARTIES TO THIS AGREEMENT
• Article 33; Non-parties to this Agreement
• 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.

29. PART X
GOOD FAITH AND ABUSE OF RIGHTS
Article 34; Good faith and abuse of rights
• States Parties shall fulfil in good faith the
obligations assumed under this Agreement and
shall exercise the rights recognized in this
Agreement in a manner which would not
constitute an abuse of right.
PartXI; RESPONSIBILITY and liability(art 35)

30. PART XII
REVIEW CONFERENCE
• Article 36; Review conference
• 1. Four years after the date of entry into force of this
Agreement, the Secretary-General of the United Nations shall
convene a conference with a view to assessing the
effectiveness of this Agreement in securing the conservation
and management of straddling fish stocks and highly migratory
fish stocks. The Secretary-General shall invite to the conference
all States Parties and those States and entities which are
entitled to become parties to this Agreement as well as those
intergovernmental and non-governmental organizations
entitled to participate as observers.
• 2. The conference shall review and assess the adequacy of the
provisions of this Agreement and, if necessary, propose means
of strengthening the substance and methods of
implementation of those provisions in order better to address
any continuing problems in the conservation and management
of straddling fish stocks and highly migratory fish

31. PART XIII
FINAL PROVISIONS
➢ Article 37; Signature
➢ Article 38; Ratification
➢ Article 39; Accession
➢ Article 40; Entry into force
➢ Article 41; Provisional application
➢ Article 42;Reservations and exceptions
➢ Article 43;Declarations and statements
➢ Article 44;Relation to other agreements
➢ Article 45; Amendment
➢ Article 46;Denunciation
➢ Article 47;Participation by international organizations.
➢ Article 48; Annexes
➢ Article 49; Depositary
➢ Article 50; Authentic texts

32. Annex I
standard requirements for the collection and sharing of data
• Article 1;General principles
• 1. The timely collection, compilation and analysis of
data are fundamental to the effective conservation
and management of straddling fish stocks and highly
migratory fish stocks.
• Article 2; Principles of data collection, compilation
and exchange
• Article 3;Basic fishery data
• Article 4; Vessel data and information
• Article 5; Reporting
• Article 6;Data verification
• Article 7;Data exchange

33. Annex-I: Article 3;Basic fishery data
1. States shall collect and make available to the relevant subregional or regional
fisheries management organization or arrangement the following types of data in
sufficient detail to facilitate effective stock assessment in accordance with agreed
procedures:
(a) time series of catch and effort statistics by fishery and fleet;
(b) total catch in number, nominal weight, or both, by species (both target and
non-target) as is appropriate to each fishery. [Nominal weight is defined by the
Food and Agriculture Organization of the United Nations as the live-weight
equivalent of the landings];
(c) discard statistics, including estimates where necessary, reported as number or
nominal weight by species, as is appropriate to each fishery;
(d) effort statistics appropriate to each fishing method; and
(e) fishing location, date and time fished and other statistics on fishing operations
as appropriate.
2. States shall also collect where appropriate and provide to the relevant sub-
regional or regional fisheries management organization or arrangement
information to support stock assessment, including:
(a) composition of the catch according to length, weight and sex;
(b) other biological information supporting stock assessments, such as
information on age, growth, recruitment, distribution and stock identity;
(c) other relevant research, including surveys of abundance, biomass surveys,
hydro-acoustic surveys, research on environmental factors affecting stock
abundance, and oceanographic and ecological studies.

34. Article 4; Vessel data and information
1. States should collect the following types of vessel-related data for
standardizing fleet composition and vessel fishing power and for
converting between different measures of effort in the analysis of catch
and effort data:
• (a) vessel identification, flag and port of registry;
• (b) vessel type;
• (c) vessel specifications (e.g., material of construction, date built,
registered length, gross registered tonnage, power of main engines,
hold capacity and catch storage methods); and
• (d) fishing gear description (e.g., types, gear specifications and
quantity).
• 2. The flag State will collect the following information:
• (a) navigation and position fixing aids;
• (b) communication equipment and international radio call sign; and
• (c) crew size.

35. Article 5; Reporting
• A State shall ensure that vessels flying its flag
send to its national fisheries administration and,
where agreed, to the relevant sub-regional or
regional fisheries management organization or
arrangement, logbook data on catch and effort,
including data on fishing operations on the high
seas.
• Such data shall be transmitted, where necessary,
by radio, telex, facsimile or satellite
transmission or by other means.

36. Article 6;Data verification
• States or, as appropriate, sub-regional or regional
fisheries management organizations or
arrangements should establish mechanisms for
verifying fishery data, such as:
(a) position verification through vessel monitoring
systems;
(b) scientific observer programmes to monitor catch,
effort, catch composition (target and non-target)
and other details of fishing operations;
(c) vessel trip, landing and transshipment reports;
(d) port sampling.

37. Article 7;Data exchange
1. Data collected by flag States must be shared with other flag States and
relevant coastal States through appropriate sub-regional or regional
fisheries management organizations or arrangements.
• Such organizations or arrangements shall compile data and make them
available in a timely manner and in an agreed format to all interested
States under the terms and conditions established by the organization
or arrangement, while maintaining confidentiality of non-aggregated
data, and should, to the extent feasible, develop database systems
which provide efficient access to data.
2. At the global level, collection and dissemination of data should be
effected through the Food and Agriculture Organization of the United
Nations.
• Where a subregional or regional fisheries management organization or
arrangement does not exist, that organization may also do the same at
the subregional or regional level by arrangement with the States
concerned.

38. ANNEX II
GUIDELINES FOR THE APPLICATION OF PRECAUTIONARY REFERENCE
POINTS IN CONSERVATION AND MANAGEMENT OF STRADDLING FISH
STOCKS AND HIGHLY MIGRATORY FISH STOCKS
•
1. A precautionary reference point is an estimated value derived through an agreed scientific procedure, which
corresponds to the state of the resource and of the fishery, and which can be used as a guide for fisheries
management.
• 2. Two types of precautionary reference points should be used: conservation, or limit, reference points and
management, or target, reference points. Limit reference points set boundaries which are intended to constrain
harvesting within safe biological limits within which the stocks can produce maximum sustainable yield. Target
reference points are intended to meet management objectives.
• 3. Precautionary reference points should be stock-specific to account, inter alia, for the reproductive capacity, the
resilience of each stock and the characteristics of fisheries exploiting the stock, as well as other sources of mortality
and major sources of uncertainty.
• 4. Management strategies shall seek to maintain or restore populations of harvested stocks, and where necessary
associated or dependent species, at levels consistent with previously agreed precautionary reference points. Such
reference points shall be used to trigger pre-agreed conservation and management action. Management strategies
shall include measures which can be implemented when precautionary reference points are approached.
• 5. Fishery management strategies shall ensure that the risk of exceeding limit reference points is very low. If a stock
falls below a limit reference point or is at risk of falling below such a reference point, conservation and management
action should be initiated to facilitate stock recovery. Fishery management strategies shall ensure that target
reference points are not exceeded on average.
• 6. When information for determining reference points for a fishery is poor or absent, provisional reference points
shall be set. Provisional reference points may be established by analogy to similar and better-known stocks. In such
situations, the fishery shall be subject to enhanced monitoring so as to enable revision of provisional reference
points as improved information becomes available.
• 7. The fishing mortality rate which generates maximum sustainable yield should be regarded as a minimum
standard for limit reference points. For stocks which are not overfished, fishery management strategies shall ensure
that fishing mortality does not exceed that which corresponds to maximum sustainable yield, and that the biomass
does not fall below a predefined threshold. For overfished stocks, the biomass which would produce maximum
sustainable yield can serve as a rebuilding target.

39. Species /stocks were classified according to a three-level
classification scheme used previously by FAO as follows:
➢ Overexploited: include stocks that are being exploited above the optimal yield/effort
level which is believed to be sustainable in the long term, stocks that are depleted or
are recovering from a depletion or collapse.
➢ Fully exploited: stocks exploited at or close to an optimal yield/effort level, with no
expected room for further expansion.
➢ Non-fully exploited: include stocks exploited by undeveloped or new fishery, with a
significant potential for expansion in total production, or stocks exploited with a low
fishing effort, with some limited potential for expansion.
➢ This scheme simplifies the six-level classification scheme used by FAO in the past.
This simplification was undertaken to reflect the underlying uncertainty in many of
the assessments and to ensure greater standardization in the assessment methods
among regions. It should be noted the categories used are not new but are simply
the result of aggregating the previous six categories into three categories (stocks
overexploited, recovering and depleted were aggregated into the one category
overexploited, and the categories of moderately exploited and underexploited into
the single group non-fully exploited). Thus the reduction in the number of categories
should not affect the comparison of the state of resources reported in previous
assessments, at least in terms of the broad categories of overexploited, fully and
non-fully exploited.

40. Types of Shared Fish stocks
• The different types of fish stocks includes:
• 1) Straddling fish stocks (mostly EEZ)
• 2) Straddling fish stocks (mostly High Seas)
• 3) Straddling fish stocks (evenly distributed)
• 4) Straddling fish stocks (extensive distribution)
• 5) Straddling fish stocks (Transboundary)
• 6) Transboundary, Jointor or Shared stock (not
straddling)
• 7) Highly migratory stock (Tunas & Tuna like
Species)
• 8) Highly * Mobile Migratory Fish stock (eg:
Skipjack)
• 9) Discrete Stock (only High Seas not straddling)

41. • UNCLOS does not use the term “straddling stocks”,
but article 63, clause 2 says: “[...] the same stock or
stocks of associated species [which] occur both
within the exclusive economic zone and in an area
beyond and adjacent to the zone” which can be
taken as a working definition of the concept of
straddling stock.

42. Straddling and Highly migratory fish stocks

43. Global overview of Straddling fish stocks

44. Global over view of- Highly Migratory Fish
stocks(Tuna & Tuna like species)

45. Commission for Conservation of Southern
Blue fin Tuna(CCSBT)

46. International Fisheries and related Instruments pertaining
to Straddling and Highly migratory fish stocks

47. FAO compliance agreement
• The "Compliance Agreement" refers to the 1993
• FAO Agreement to Promote Compliance with
International Conservation and Management
Measures by Fishing Vessels on the High Seas.

48. Globally Fishing fleet & Distribution of Motorised
and Non Motorised vessels by region

49. Introduction about Compliance agreement
• UN compliance agreement 1993,in accordance with ArticleXI.1,
• entered into force on 24th April 2003.
• The FAO Conference at its 27th Session (November 1993), Through Resolution
15/93, approved the Agreement to promote Compliance with International
Conservation and Management Measures by Fishing vessels on High Seas for
submission to Governments for acceptance.
• A parallel development took place regarding attempts to prevent the practice of
reflagging of vessels in order to avoid the application of high seas conservation
and management measures determined by regional fisheries organizations.
• UNCED, in calling for a conference to address straddling fish stocks and highly
migratory fish stocks, also called for steps to prevent this custom.
• Essentially, the problem was that only vessels flying the flags of the parties to the
organization could be compelled to comply with the conservation measures
determined by it.
• Some vessels were then registered in countries that were not bound by the
conservation measures in question.
• The vessel could then fish with impunity in an area subject to conservation
measures, claiming that it was not bound by those measures under international
law because its State of registration was not a party.

50. Articles under Compliance Agreement:
Article-1:
• Article-1: Definitions
• a)Fishing vessels’’
• b) International conservation and management measures:
• c) Length’’ means i) vessels built after 18th July 198, 96% of total length
on waterline at85 % of last moulded depth masured from the top of the
Keel & ii) any fishing vessels built before 18th July1982, registered length
as entered on the National register or other record of vessels.
• d) record of fishing Vessels: pertinent details of the fishing vessel. It
may constitute a separate record for fishing vessels or form part of a
general record of vessels.
• e) Regional economic integration organization’’ to which its member
states have transferred competence over matters covered by this
agreement, including the authority to make decisions binding on its
member stats in respect of those matters.
• f) Vessels entitled to fly its flag & vessels entitled to fly the fag of a
state’’ includes vessels entitled to fly the flag of a member state of a
regional economic integration organization.

51. FAO Compliance Agreement
➢ Article-1: Definitions
➢ Article-2: application
➢ Article-3: Flag State Responsibility
➢ Article-4: records of fishing vessels eg: FAO Fishing vessel finder
(http://www.fao.org/figis/vrmf/finder/search/#stats)
➢ Article-5: International cooperation
➢ Article-6: Exchange of Information
➢ Article-7: Cooperation with developing Countries
➢ Article-8: Non-Parties
➢ Article-9: Settlement of Disputes
➢ Article-10: Acceptance
➢ Article-11: Entry Into force
➢ Article-12: Reservations
➢ Article-13: Amendments
➢ Article-14: Withdrawal
➢ Article-15: Duties of the Depository
➢ Article-16: Authentic texts

52. • This matter had also been taken up by the FAO Technical
Consultation on High Seas Fishing in September 1992, while at the
102nd session of the FAO Council, the Council "agreed that the
issue of reflagging of fishing vessels into flags of convenience to
avoid compliance with agreed conservation and management
measures, ... should be addressed immediately by FAO, with a view
to finding a solution which could be implemented in the near
future."1 FAO was requested to formulate an agreement and,
between 1991 and 1993, one was negotiated under Article XIV of
the FAO Constitution.
• The Agreement was adopted by the FAO Conference on 24
November 1993 by resolution 15/93, and opened for acceptance. It
will come into effect upon the receipt of the twenty-fifth instrument
of acceptance

53. • The FAO Compliance Agreement and the UN Fish
Stocks Agreement have been supplemented by
the Code of Conduct for Responsible Fisheries,
which is a voluntary instrument adopted by the
FAO Conference in Resolution 4 of 1995.
• Unlike the other two agreements referred to, as
the Code is voluntary, no specific action by States is
required for it to take effect.
• However, its provisions may be used as a basis for
domestic action, whether in the form of policy
initiatives or even in shaping specific legislative
provisions.

54. • These three instruments provide the framework for
future actions concerning fisheries, particularly as
regards high seas fishing.
• The FAO Compliance Agreement was completed prior
to the UN Fish Stocks Agreement, and some of the
provisions in the two overlap.
• Firstly, the UN Fish Stocks Agreement only addresses
straddling fish stocks and highly migratory fish stocks
(with some exceptions) whereas the FAO Compliance
Agreement applies to all high seas fishing.
• Secondly, while there is a parallel obligation in the UN
Fish Stocks Agreement to establish a record of fishing
vessels, and to make the information available on
request, only the Compliance Agreement provides for
the systematic exchange of information regarding high
seas fishing vessels to which the Agreement applies.

55. The Compliance Agreement
➢ the definition of "vessels" includes "mother ships
and any other vessels directly engaged in such fishing
operations".
• This definition was the subject of much negotiation,
and many states had wanted to achieve a much wider
definition that included support vessels.
• The definition of "length" in respect of a fishing
vessel is a very technical definition taken from the
Torremolinos Convention which, as seen below, is
important in view of the fact that the Agreement
permits parties to exempt vessels less than 24 metres
in length in certain circumstances. The Agreement
also defines "record of fishing vessels".

56. • This term was used instead of the more usual term "register" given that the
primary means of control was through the fishing authorization rather than
through the register itself (though the definition was careful to include the wider
type of register within the definition).
• Application of the Compliance Agreement (Article II) is aimed at all vessels that
are used or intended for fishing on the high seas except that a party may exempt
fishing vessels of less than 24 metres in length, unless the exemption would
undermine the object and purpose of the Agreement.
• A special provision is made for regions such as the Mediterranean where this
exemption would not apply except that the coastal states of such a region may
agree, either directly or through an appropriate regional fisheries organization, to
establish a minimum length of fishing vessel below which this Agreement shall
not apply.
• Importantly, this exemption does not detract from the main obligation of the
Compliance Agreement; i.e. to ensure that the vessels concerned do not
undermine the effectiveness of international conservation and management
measures.

57. • This is confirmed in Article II:
• "A Party may exempt fishing vessels of less than 24
metres in length entitled to fly its flag from the
application of this Agreement unless the Party
determines that such an exemption would undermine
the object and purpose of this Agreement"
• This is strengthened further by the provision in Article
III which states that in the event that a party has
granted an exemption for fishing vessels of less than
24 metres "such Party shall nevertheless take effective
measures in respect of any such fishing vessel that
undermines the effectiveness of international
conservation and management measures. These
measures shall be such as to ensure that the fishing
vessel ceases to engage in activities that undermine
the effectiveness of the international conservation and
management measures."

58. • Article III is the most important clause, for it sets out the responsibility of the flag
state. The clause is long and subject to important qualifications, but in essence it
places an obligation on the flag state to take "such measures as may be necessary
to ensure that fishing vessels entitled to fly its flag do not engage in any activity
that undermines the effectiveness of international conservation and management
measures" (paragraph 1 a). It continues: "In particular, no Party shall allow any
fishing vessel entitled to fly its flag to be used for fishing on the high seas unless
it has been authorized to be so used by the appropriate authority or authorities of
that Party. A fishing vessel so authorized shall fish in accordance with the
conditions of the authorization

59. • (Article III 2) Further duties are imposed to give
content to these basic obligations, including
provisions concerning: not granting an
authorization unless the flag state is able to
exercise effectively its responsibilities in respect
of the vessel, non-authorization of a vessel still
under suspension, the requirement that vessel be
marked so as to be readily identified in
accordance with generally accepted standards
(such as the FAO vessel marking scheme),
supplying information on the operations of a
vessel, and the imposition of sufficiently grave
sanctions as to be effective in securing
compliance with requirements of the Agreement.

60. • Under Article IV, each party is required to
maintain a record of fishing vessels entitled to fly
its flag and authorized for use on the high seas,
and to take such measures as are necessary to
ensure that all such vessels are entered on that
record.
• Article V deals with international cooperation,
conservation and management measures.
• The parties are urged to enter into cooperative
agreements or arrangements of mutual assistance
on a global, regional, subregional or bilateral basis
in order to achieve the objectives of the
Agreement.

61. Article VI deals with the exchange of information
• Article VI deals with the exchange of information where each party should make available to FAO
certain information on fishing vessels which is to be circulated periodically by FAO. Furthermore,
parties are to promptly update FAO with additions and deletions, including the reasons for deletion
of a vessel from the record.
• Each party should supply FAO with all information regarding activities of fishing vessels flying its flag
that undermine the effectiveness of international conservation and management measures,
including the identity of the vessel and of any measures imposed.
• The Agreement also has clauses dealing with cooperation with developing countries, non-parties,
and settlement of disputes and final clauses.
• The settlement of disputes provision (Article IX) encourages first a consultation with regard to the
interpretation or application of the Agreement.
• Failing that, the parties should discuss among themselves as soon as possible in hope of settling the
dispute by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement or other
peaceful means. If the dispute is still not resolved, it shall, "with the consent of all Parties to the
dispute be referred for settlement to the International Court of Justice, to the International Tribunal
for the Law of the Sea" or to arbitration. Failure to reach agreement through any of these methods,
the parties "shall continue to consult and cooperate with a view to reaching settlement of the
dispute in accordance with the rules of international law relating to the conservation of living marine
resources".

62. The principal obligations and benefits
• As described above, the main obligation for a country accepting the Agreement
will be first to exercise its responsibility over vessels flying its flag, and second to
establish a record of fishing vessels and to provide the information required under
the Agreement with respect to those vessels.
• The principal benefit to participants will come from the availability of information
regarding vessels authorized to fish on the high seas, which will lead to an
increased ability to identify those vessels fishing without permission.
• This will be particularly important in light of the expanded powers that countries
will acquire under the UN Fish Stocks Agreement. As these Agreements become
increasingly effective, all participants will duly benefit.

63. 1 FAO Council report 102nd Session, Rome, 9-20 November 1992, paragraph 58. It was on
the basis of this statement that the negotiations for the FAO Compliance Agreement
were placed on the so-called "fast track".
2 It presently has 10 acceptances. In FAO practice, Article XIV Agreements are first
approved by the Conference (which is broadly equivalent to signature) and then open
for "acceptance", which has the same function as ratification or accession. This practice
is fully consistent with the language used in the Vienna Convention on the Law of
Treaties concerning the entry into force of treaties.
3 The length criterion becomes unimportant, of course, if the flag State decides to make
the provisions of the Agreement applicable to a much wider range of vessels. NB also
that the UN Fish Stocks Agreement does not limit its application to vessels above a
certain size, indeed, it does not define 'vessel", focusing instead on the obligations of a
State over vessels flying its flag.
4 The UN Fish Stocks Agreement, in Article 18.3 (d), includes the marking of fishing gear.
5 The UN Fish Stocks Agreement in Article 18 is slightly wider in the duties it imposes on
the flag state, in part reflecting the fact that it was drafted during and after the
completion of the Compliance Agreement, which enabled the parties to build on what
had already been agreed. The UN Fish Stocks Agreement also requires the flag State to
take measures to ensure that vessels flying its flag do not conduct unauthorized fishing
within areas under the national jurisdiction of another State.
6 This obligation is also found in the UN Fish Stocks Agreement but it is not accompanied
by any detailed system, as is found in the FAO Compliance Agreement.

64. Conflicts Management

65. Introduction
• Fisheries resource use conflicts are common among
artisanal fishers of tropical developing coastal areas,
because most communities in thsese regions are
highly dependent on the coastal & marine resource
for livelihood (Jg T etal 2017).
• These resources use conflicts, if not well
understood and managed can be a constraint
towards achieving sustainable use & management
of the resource with some associated negative
socio-economic implications Jg T etal 2016).

66. Different types conflicts
• A conflict originates from different places, diff
sources, occurs for varied reasons
• in myriad forms as, personal conflicts, racial
conflicts, class conflicts, political conflicts,
communal conflicts, &non communal conflicts,
violent& non-violent conflicts, cultural conflicts,
religious conflicts, conflict of values& conflict of
interests, Social conflicts, economic conflicts &
ideological conflicts etc.

67. Conflicts among stakeholders
➢Conflicts among stakeholders expressed in three
scales
• i) Communities
• Ii) Coastal area
• Ii) Individual communities
➢The confict that occur among fishermen two main
characteristics :
➢i) conflicts between fellow fishermen themselves of
internal
• Ii) conflicts between fishermen and non – fishermen or
external conflicts.
➢Conflicts among fisheries stakeholders arise due to
differences in power, interests, values, priorities and
manner of resource exploitation.

68. Legal framework within the United
Nations Convention on the Law of the Sea
• Procedures for settling seabed-related disputes
(see Part XI, section 5, articles 186-191, and Part
XV) Non-binding procedures (see Articles 279-
285 and Annex V)
Compulsory procedures entailing binding decisions
(see Article 287, Annexes VI, VII and VIII)

69. Fish wars
• https://youtu.be/WesrJBgEmyw
• India vs Srilanka
• India, Pakistan must free imprisoned fishermen-
Aug 10/ 2020 Mumbai mirror.

70. A conflict analysis of management of fishery resources in Sumatra,
Indonesia- Dadan Zulkifli et al. 2019, IJFA; 7(1); 75-78
• Eg: potential conflict of fisheries in the East Coastal
area of Sumatera:
• Frequency of agrarian conflicts is 58%, for class conflict
34% for conflict of ownership of resources & 8% for
class conflicts, these are mainly because of
• 1) unlicensed ship operation
• 2) plotting of fishing ground by local fishermen
• 3) The use of modified bottom net/trawl/purse sein
fishing gear
• 4) Fishing activity by using devastating device
➢Conflict solutions are mostly solved by seeking local
agreements, although some are done formally.
• Ref:

71. Sample cases of Conflicts
Sl
No
Name of the
province/coast
location
Potential problems
1
East coast of
Aceh Darussalam
province
i) trawl: The use of trawl by Thailand fishermen which is unacceptable by
local fishermen.
ii) Purse sein: with using 40000 watt lamp by Belawan & Thailand
fishermen can attract many fish at Aceh but it is very detrimental to local
fishermen.
iii) Fishing ground: the entry of foreign fishermen that utilize prohibeted
fishing gears in Aceh.
iv) Fish aggregating device Termination: North Aceh province, The
fishermen using FADs have increased catches, however, fishermen who did
not use FADs have decreased catches.
2 East coast of
North Sumatra
i) Construction of a Steam power plant: Traditional fishermen in the Terjun
& Paya pasir villages, Marelen district feel marginalized & persecuted for the
attitude of PT. Sanghai Elektricpower construction & PT mabar Electrindo
which don not carry out thir obligation for the impact of damage to the n
Environment/Ecosystem/traditional fishing grounds.
ii) Trawl: There was a demonstration of fishermen at the Belawan Ocean
Fishing port demanding to stop the Use of trawl.

72. Cont…
Name of coast/
location
Potential problems
3
East Coastal Island of
Riau Province
i) Bottom Gill Net: There was a demonstration of fishermen
at the Karimun demanding to stop the use of Bottom Gill Net
4
East Coastal
Mainland of Riau
Province
i) Fishermen demanding to stop the use of Bottom Gill Net
5
East Coastal of Jambi
Province
i) Mini Trawl & Trammel Net : There are conflict of Kaula
Simbur village fishrmen with fishermen from Desa Lambur
Luar, Kec. Muara Sabak Timur Kab. Tanjurng Timur, about the
Boundaries of fishing ground
6
East Coastal of South
Sumatra Province
i) The use of mini trawl & Trammel net by Jamb, Riau,
Jakarta, Central Java and Thailand which is unacceptable by
local fishermen
7
East Coastal of
Lampung Province
Danish Sein: The existence of aSquid seasonin early 2017
which caused a gap between Danish Sein catchs that was far
more then the catch of the step chart

73. Climate change increase the risk of
fisheries- E. Mendenhall et al 2020
• 1) Increasing scarcity
• 2) Shifting populations (eg: warming water induce
shifts in fish populations, making the same fish
populations accessible in new locations & to new
fishers)
• 3) Shifting boundaries (eg: Japan & Thaiwan fishing
vessels on Okinotorishima a r=tiny lowlying atoll)
• 4) Increasing intensity (eg: over capacity of fishing
vessels/no of fishermens ; & climatic impact on land
-altrnative livelihood options coastal land depended
towards fishing)

74. Governance Challenges, Policy solutions
➢Fisheries Conflict risks:
➢Vulnerabilities in Existing Fisheries Management
➢Strengthening Fisheries Management