Tackling unregulated fishing activities in the context of the Fish Stock Agreement and RFMOs: is international

customary law finally emerging?

Osvaldo Urrutia S. Director of the Law of the Sea Center, Faculty of Law, Universidad Católica de Valparaíso Vice-Chairman, South Pacific Regional Fisheries Management Organisation (SPRFMO) Legal and international adviser, Undersecretariat for Fisheries, Government of Chile

The FSA is the most important development since UNCLOS for the regulation and good governance of fishing on the

high seas

But neither UNCLOS nor the FSA could have foreseen the complexities and challenges of combating IUU fishing today

The FSA should not be read in isolation: developments in the Law of the Sea in relation to combating IUU fishing

United Nations General Assembly

Resolutions

FAO Plan of Action IUU fishing 2001

FAO Port State Measures

Agreement 2009

Clear link FSA and the concept of unregulated

fishing

IUU fishing (FAO 2001, PSM Agreement

2009): ilegal, unreported, unregulated

activities

Fishing in a RFMO area by vessels

without nationality, or by those flying the flag of a State not party to that

organization

Therefore, States parties to FSA

and members of RFMOs should

not tolerate unregulated

activities

Arts. 8.4 and 17 FSA: only Parties to RFMOs may

fish in area regulated by

RFMO

The IUU listing and its consequences

What have States parties to the FSA and RFMOs done in relation to unregulated activities? It is possible to identify

some interesting developments:

1

2

3

4

The regulation of transhipments and support activities

Port access and port use regulations

Boarding and inspection procedures

The IUU listing and its consequences

And then, what have States parties to the FSA and RFMOs done in relation to unregulated activities? It is possible to

identify some interesting developments:

1

2

3

4

The regulation of transhipments and support activities

Port access and port use regulations

Boarding and inspection procedures

Some relevant States have started to consider unregulated activities as contrary to international

law

- FSA has 82 Parties and world RFMOs add more States to the equation - State practice and opinio iuris should be assessed with regard to relevant States- The Law of the Sea has been historically the area of international law in which customary law is perhaps more fruitful and relevant- Bear in mind the developments we have identified

Could we say that an emerging principle of

international customary law is

emerging?

Is this important? Why?

Thank you