New treaty targets ‘Ports of Convenience’

The final text of a new treaty that aims to close fishing ports to vessels involved in illegal, unreported and unregulated (IUU) fishing has been agreed upon by a group of 91 countries during talks brokered by FAO, the UN agency announced today.

The "Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing" will be the first ever global treaty focused specifically on the problem of pirate fishing. The agreement will focus on blocking IUU-caught fish from entering the marketplace, removing both the incentive and ability for some fishermen to illegally fish.

In the Agreement, countries will agree to take a number of steps to implement a variety of measures to close their ports to pirate fishers. Key points of the treaty include:

• Foreign fishing vessels wishing to dock will be required to request permission from specially designated ports ahead of time, transmitting information on their activities and the fish they have on board -- this will give authorities an opportunity to spot red flags in advance.
  
• The treaty commits countries to regular inspections and outlines a set of standards that will be used during those inspections. Reviews of ship papers, surveys of fishing gear, examining catches and checking a ship's records can often reveal if it has engaged in IUU fishing.
  
• Signatories must ensure that ports and inspectors are adequately equipped and trained;
  
• When a vessel is denied access, port states must communicate that information publicly and national authorities from the country whose flag the vessel is flying must take follow-up action;
  
• The treaty calls for the creation of information-sharing networks to let countries share details on IUU-associated vessels, and also contains provisions intended to assist resource-strapped developing countries meet their treaty obligations.

These measures will apply to foreign fishing vessels not flying the flag of port states, however countries can apply them to their own fishing fleets as well should they choose.

EJF investigations into IUU fishing have highlighted the key role that ‘Ports of Convenience’ play in allowing pirate fishers both access to the lucrative seafood market, and by providing the logistical support they need to operate. For example Las Palmas in Spain’s Canary Islands has been documented by EJF as crucial to pirate fishing operations that target West Africa.

EJF Senior Campaigner Duncan Copeland said ‘‘Strong port controls offer one of the most simple, effective, and economic ways that nations can take action to address pirate fishing. EJF has long argued for efforts to address Ports of Convenience, and we welcome the development of this Port State Treaty’’.

However, while the language of the Treaty has been agreed, it still needs to go through various steps before it can become an internationally binding agreement. The agreement must go through a final review process, and then be put forward for final adoption at the FAO conference in November. Ratification must be completed by 25 states, although it is likely that this will be easily achieved. International treaties are only effective as far as how well they are implemented and enforced by individual states. Developing nations need support in order to do so.

"This treaty has the potential to become a crucial tool in the fight to end illegal ‘pirate’ fishing" said EJF Director Steve Trent. "We strongly urge that the international community to both adopt and strictly implement the measures as soon as possible, and provide support to those developing nations that are unable to do so on their own. If this is achieved we will be much closer to the goal of ending pirate fishing once and for all.”