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 oflegitimate 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 ofliving marine resources,

Recognizing that measures to combat illegal, unreported and unregulated fishing should build on the primary responsibility offlag 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,

Recognizing 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,

Recognizing the need for assistance to developing countries to adopt and implement port State measures,

Taking note ofthe calls by the international community through the United Nations System, including the United Nations General Assembly and the Committee on Fisheries ofthe Food and Agriculture Organization ofthe 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 ofAction 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 10December 1982, hereinafter referred to as the ‘Convention’,

Recalling the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law ofthe Sea of 10 December 1982 relating to the Conservation and Management ofStraddling 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 of24 November 1993 and the 1995 FAO Code ofConduct for Responsible Fisheries,

Recognizing the need to conclude an international agreement within the framework ofFAO, under Article XIV ofthe FAO Constitution,

Have agreed asfollows:

PART 1
GENERAL PROVISIONS

Article 1
Use of terms

For the purposes of this Agreement:

(a)    “conservation and management measures” means measures to
conserve andmanage 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,
taking or harvesting offish;

(d)    “fishing related activities” means any operation in support of,
or in preparation for,  fishing,  including  the  landing,
packaging, processing, transshipping or transporting of fish
that have not been previously landed at a port, as well as the
provisioning ofpersonnel, fuel, gear and other supplies at sea;

(e)    “illegal, unreported and unregulated fishing” refers to the
activities set out inparagraph 3 ofthe 2001 FAO International
Plan of Action to Prevent, Deter and Eliminate Illegal,
Unreported and Unregulated Fishing, hereinafter referred to
as ‘IUU fishing’;

(f)     “Party” means a State or regional economic integration
organization that has consented to be bound by this
Agreement and for which this Agreement is in force;

(g)    “port” includes offshore terminals and other installations for
landing, transshipping, packaging, processing, refuelling or
resupplying;

(h)    “regional  economic  integration  organization”  means  a
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 States in respect ofthose
matters;

(i)     “regional fisheries management organization” means an
intergovernmental fisheries organization or arrangement, as
appropriate, thathas the competence to establish conservation
and management measures; and

(j)     “vessel” means any vessel, ship of another type or boat used
for, equipped to be used for, or intended to be used for,
fishing or fishing related activities.
 

Article 2 Objective

The objective of this Agreement is to prevent, deter and eliminate
IUU fishing through the implementation ofeffective port State measures, and thereby to ensure the long-term conservation and sustainable use of living marine resources and marine ecosystems.

Article 3 Application
1.      Each Party shall, in its capacity as a port State, apply this Agreement in respect ofvessels not entitled to fly its flag that are seeking entry to its ports or are in one ofits ports, except for:

(a)    vessels of a neighbouring State that are engaged in artisanal
fishing for subsistence, provided that the port State and the
flag State cooperate to ensure that such vessels do not engage
in IUU fishing or fishing related activities in support ofsuch
fishing ; and

(b)    container vessels that are not carrying fish or, if carrying fish,
only fish that have been previously landed, provided that
there are no clear grounds for suspecting that such vessels
have engaged in fishing related activities in support of IUU
fishing.

2.      A Party may, in its capacity as a port State, decide not to apply this Agreement to vessels chartered by its nationals exclusively for fishing in areas under its national jurisdiction and operating under its authority therein. Such vessels shall be subject to measures by the Party which are as effective as measures applied in relation to vessels entitled to fly its flag.

3.        This Agreement shall apply to fishing conducted in marine areas that is illegal, unreported or unregulated, as defined in Article 1(e) ofthis Agreement, and to fishing related activities in support ofsuch fishing.

4.      This Agreement shall be applied in a fair, transparent and non- discriminatory manner, consistent with international law.

5.      As this Agreement is global in scope and applies to all ports, the Parties shall encourage all other entities to apply measures consistent with its provisions. Those that may not otherwise become Parties to this
 
 
Agreement may express their commitment to act consistently with its provisions.

1.      Nothing in this Agreement shall prejudice the rights, jurisdiction and duties of Parties under international law. In particular, nothing in this Agreement shall be construed to affect:

(a)   the sovereignty of Parties over their internal, archipelagic and
territorial  waters  or  their  sovereign rights  over  their
continental shelfand in their exclusive economic zones;

(b)   the exercise by Parties of their sovereignty over ports in their
territory in accordance with international law, including their
right to deny entry thereto as well as to adopt more stringent
port State measures than those provided for in this Agreement,
including such measures adopted pursuant to a decision ofa
regional fisheries management organization.

2.      In applying this Agreement, a Party does not thereby become bound by measures or decisions of, or recognize, any regional fisheries management organization ofwhich it is not a member.

3.       In no case is a Party obliged under this Agreement to give effect to measures or decisions of a regional fisheries management organization if those measures or decisions have not been adopted in conformity with international law.

4.      This Agreement shall be interpreted and applied in conformity with international law taking into account applicable international rules and standards, including those established through the International Maritime Organization, as well as other international instruments.

5.      Parties shall fulfil in good faith the obligations assumed pursuant to this Agreement and shall exercise the rights recognized herein in a manner that would not constitute an abuse ofright.

Article 5
Integration and coordination at the national level

Each Party shall, to the greatest extent possible:

(a)   integrate or coordinate fisheries related port State measures
with the broader system ofport State controls;

(b)   integrate port State measures with other measures to prevent,
deter and eliminate IUU fishing and fishing related activities
in support ofsuch fishing, taking into account as appropriate
the 2001 FAO International Plan ofAction to Prevent, Deter
and Eliminate Illegal, Unreported and Unregulated Fishing;
and

(c)   take measures to exchange information among relevant
national agencies and to coordinate the activities of such
agencies in the implementation ofthis Agreement.

Article 6
Cooperation and exchange ofinformation
1.      In order to promote the effective implementation of this Agreement and with due regard to appropriate confidentiality requirements, Parties shall cooperate and exchange information with relevant States, FAO, other international   organizations   and   regional   fisheries   management organizations, including on the measures adopted by suchregional fisheries management organizations in relation to the objective ofthis Agreement.

2.      Each Party shall, to the greatest extent possible, take measures in support ofconservation and management measures adopted by other States and other relevant international organizations.

3.      Parties shall cooperate, at the subregional, regional and global levels, in the effective implementation ofthis Agreement including, where appropriate, through FAO or regional fisheries management organizations and arrangements.

PART 2
ENTRY INTO PORT

Article 7
Designation ofports
1.      Each Party shall designate and publicize the ports to which vessels may request entry pursuant to this Agreement. Each Party shall provide a list ofits designated ports to FAO, which shall give it due publicity.

2.      Each Party shall, to the greatest extent possible, ensure that every port designated and publicized in accordance with paragraph 1 of this Article has sufficient capacity to conduct inspections pursuant to this Agreement.

Article 8
Advance request for port entry
1.      Each Party shall require, as a minimum standard, the information requested in Annex A to be provided before granting entry to a vessel to its port.

2.      Each Party shall require the information referred to in paragraph 1 of this Article to be provided sufficiently in advance to allow adequate time for the port State to examine such information.

Article 9
Port entry, authorization or denial
1.      After receiving the relevant information required pursuant to Article 8, as well as such other information as it may require to determine whether the vessel requesting entry into its port has engaged in IUU fishing or fishing related activities in support of such fishing, each Party shall decide whether to authorize or deny the entry of the vessel into its port and shall communicate this decision to the vessel or to its representative.

2.      In the case of authorization of entry, the master of the vessel or the vessel’s representative shall be required to present the authorization for entry to the competent authorities ofthe Party upon the vessel’s arrival at port.

3.      In the case of denial of entry, each Party shall communicate its decision taken pursuant to paragraph 1 ofthis Article to the flag State ofthe

vessel and, as appropriate and to the extent possible, relevant coastal States, regional fisheries management organizations  and other international organizations.

4.      Without prejudice to paragraph 1 of this Article, when a Party has sufficient proofthat a vessel seeking entry into its port has engaged in IUU fishing or fishing related activities in support of such fishing, in particular the inclusion ofa vessel on a list ofvessels having engaged in such fishing or fishing related activities adopted by a relevant regional fisheries management organization in accordance with the rules and procedures of such organization and in conformity with international law, the Party shall deny that vessel entry into its ports, taking into due account paragraphs 2 and 3 ofArticle 4.

5.      Notwithstanding paragraphs 3 and 4 of this Article, a Party may allow entry into its ports of a vessel referred to in those paragraphs exclusively for the purpose of inspecting it and taking other appropriate actions in conformity with international law which are at least as effective as denial ofport entry in preventing, deterring and eliminating IUU fishing and fishing related activities in support ofsuch fishing.

6.      Where a vessel referred to in paragraph 4 or 5 of this Article is in port for any reason, a Party shall deny such vessel the use ofits ports for landing, transshipping, packaging, and processing offish and for other port services including, inter alia, refuelling and resupplying, maintenance and drydocking. Paragraphs 2 and 3 ofArticle 11 apply mutatis mutandis in such cases.  Denial of such use ofports shall be in conformity with international law.

Article 10
Force majeure or distress

Nothing in this Agreement affects the entry of vessels to port in
accordance with international law for reasons offorce majeure or distress, or prevents a port State from permitting entry into port to a vessel exclusively for the purpose ofrendering assistance to persons, ships or aircraft in danger or distress.

PART 3
USE OF PORTS

Article 11 Use of ports
1.      Where a vessel has entered one of its ports, a Party shall deny, pursuant to its laws and regulations and consistent with international law, including this Agreement, that vessel the use of the port for landing, transshipping, packaging and processing of fish that have not been previously landed and for other port services, including, inter alia, refuelling and resupplying, maintenance and drydocking, if:

(a)    the Party finds that the vessel does not have a valid and
applicable authorization to engage in fishing or fishing related
activities requiredby its flag State;

(b)    the Party finds that the vessel does not have a valid and
applicable authorization to engage in fishing or fishing related
activities required by a coastal State in respect ofareas under
the national jurisdiction ofthat State;

(c)    the Party receives clear evidence that the fish on board was
taken in contravention ofapplicable requirements ofa coastal
State in respect ofareas under the national jurisdiction ofthat
State;

(d)    the flag State does not confirm within a reasonable period of
time, on the request ofthe port State, that the fish on board
was taken in accordance with applicable requirements of a
relevant regional fisheries management organization taking
into due accountparagraphs 2 and 3 ofArticle 4; or

(e)    the Party has reasonable grounds to believe that the vessel was
otherwise engaged in IUU fishing or fishing related activities
in support of such fishing, including in support of a vessel
referred to in paragraph 4 ofArticle 9, unless the vessel can
establish:

(i)    that it was acting in a manner consistent with relevant
conservation and management measures; or
 
 




(ii)   in the case of provision of personnel, fuel, gear and
other supplies  at sea,  that the vessel that was
provisioned was not, at the time of provisioning, a
vessel referred to in paragraph 4 ofArticle 9.

2.     Notwithstanding paragraph 1 of this Article, a Party shall not deny a vessel referred to in that paragraph the use ofport services:

(a)     essential to the safety or health of the crew or the safety of
the vessel, provided these needs are dulyproven, or

(b)     where appropriate, for the scrapping ofthe vessel.

3.      Where a Party has denied the use of its port in accordance with this Article, it shall promptly notify the flag State and, as appropriate, relevant coastal States, regional fisheries management organizations and other relevant international organizations ofits decision.

4.      A Party shall withdraw its denial of the use of its port pursuant to paragraph 1 ofthis Article in respect of a vessel only ifthere is sufficient proof that the grounds on which use was denied were inadequate or erroneous or that such grounds no longer apply.

5.      Where a Party has withdrawn its denial pursuant to paragraph 4 of this Article, it shall promptly notify those to whom a notification was issued pursuant to paragraph 3 ofthis Article.

PART 4
INSPECTIONS AND FOLLOW-UP ACTIONS

Article 12
Levels and priorities for inspection
1 .      Each Party shall inspect the number of vessels in its ports required to reach an annual level ofinspections sufficient to achieve the objective of this Agreement.

2.      Parties shall seek to agree on the minimum levels for inspection of vessels   through,   as   appropriate,  regional   fisheries   management organizations, FAO or otherwise.

3.      In determining which vessels to inspect, a Party shall give priority to:
 
 




(a)    vessels that have been denied entry or use of a port in
accordance with this Agreement;

(b)    requests from other relevant Parties, States or regional
fisheries management organizations that particular vessels be
inspected, particularly where such requests are supported by
evidence ofIUU fishing or fishing related activities in support
ofsuch fishing by the vessel in question; and

(c)    other vessels for which there are clear grounds for suspecting
that they have engaged in IUU fishing or fishing related
activities in support ofsuch fishing.

Article 13
Conduct of inspections
1.      Each Party shall ensure that its inspectors carry out the functions set forth in Annex B as a minimum standard.

2.      Each Party shall, in carrying out inspections in its ports:

(a)    ensure that inspections are carried out by properly qualified
inspectors authorized for that purpose, having regard in
particular to Article 17;

(b)    ensure that, prior to an inspection, inspectors are required to
present to the master ofthe vessel an appropriate document
identifying the inspectors as such;

(c)    ensure that inspectors examine all relevant areas of the vessel,
the fish onboard, the nets and any other gear, equipment, and
any document or record on board that is relevant to verifying
compliance with relevant conservation and management
measures;

(d)    require the master of the vessel to give inspectors all
necessary assistance and information, and to present relevant
material and documents as may be required, or certified
copies thereof;

(e)    in case of appropriate arrangements with the flag State of the
vessel, invite that State to participate in the inspection;
(f)    make all possible efforts to avoid unduly delaying the vessel
to minimize interference and inconvenience, including any
unnecessary presence of inspectors on board, and to avoid
action that would adversely affect the quality ofthe fish on
board;

(g)   make all possible efforts to facilitate communication with the
master or senior crew members ofthe vessel, including where
possible and where needed that the inspector is accompanied
by an interpreter;

(h)   ensure that inspections are conducted in a fair, transparent and
non-discriminatory  manner  and  would  not  constitute
harassment ofany vessel; and

(i)    not interfere with the master’s ability, in conformity with
international law, to communicate with the authorities ofthe
flag State.

Article 14
Results ofinspections

Each Party shall, as a minimum standard, include the information set
out in Annex C in the written report ofthe results ofeach inspection.

Article 15
Transmittal ofinspection results

Each Party shall transmit the results of each inspection to the flag
State ofthe inspected vessel and, as appropriate, to:

(a)    relevant Parties and States, including:

(i)    those States for which there is evidence through
inspection that the vessel has engaged in IUU fishing or
fishing related activities in support of such fishing
within waters under their national jurisdiction; and
(ii)  the State ofwhichthe vessel’s master is anational;
(b)    relevant regional fisheries management organizations; and (c)    FAO and otherrelevant international organizations.

Article 16
Electronic exchange ofinformation

1.      To facilitate implementation of this Agreement, each Party shall, where possible, establish a communication mechanism that allows for direct electronic exchange of information, with due regard to appropriate confidentiality requirements.

2.      To the extent possible and with due regard to appropriate confidentiality requirements, Parties should cooperate to establish an information-sharing mechanism, preferably coordinated by FAO,  in conjunction  with  other relevant multilateral  and  intergovernmental initiatives, and to facilitate the exchange of information with existing databases relevant to this Agreement.

3.      Each Party shall designate an authority that shall act as a contact point for the exchange of information under this Agreement. Each Party shall notify the pertinent designation to FAO.

4.      Each Party shall handle information to be transmitted through any mechanism established under paragraph 1 ofthis Article consistent with Annex D.

5.      FAO  shall  request  relevant  regional  fisheries  management organizations to provide information concerning the measures or decisions they have adopted and implemented which relate to this Agreement for their integration, to the extent possible and taking due account ofthe appropriate confidentiality requirements, into the information-sharing mechanism referred to in paragraph 2 ofthis Article.

Article 17
Training ofinspectors

Each Party shall ensure that its inspectors are properly trained taking
into account the guidelines for the training ofinspectors in Annex E. Parties shall seek to cooperate in this regard.

Article 18
Port State actions following inspection
1.      Where, following an inspection, there are clear grounds for believing that a vessel has engaged in IUU fishing or fishing related activities in support ofsuch fishing, the inspecting Party shall:
(a)    promptly notify the flag State and, as appropriate, relevant
coastal States, regional fisheries management organizations
and other international organizations, and the State ofwhich
the vessel’s master is a national ofits findings; and

(b)    deny the vessel the use of its port for landing, transshipping,
packaging and processing of fish that have not been
previously landed and for other port services, including, inter
alia, refuelling and resupplying, maintenance and drydocking,
ifthese actions have not already been taken in respect ofthe
vessel, in a manner consistent with this Agreement, including
Article 4.

2.      Notwithstanding paragraph 1 of this Article, a Party shall not deny a vessel referred to in that paragraph the use ofport services essential for the safety or health ofthe crew or the safety ofthe vessel.

3.      Nothing in this Agreement prevents a Party from taking measures that are in conformity with international law in addition to those specified in paragraphs 1 and 2 ofthis Article, including suchmeasures as the flag State ofthe vessel has expressly requested or to which ithas consented.

Article 19
Information on recourse in the port State

1.      A Party shall maintain the relevant information available to the public and provide such information, upon written request, to the owner, operator, master or representative of a vessel with regard to any recourse established in accordance with its national laws and regulations concerning port State measures taken by that Partypursuant to Articles 9, 11, 13 or 18, including information pertaining to the public services  or judicial institutions available for this purpose, as well as information on whether there is any right to seek compensation in accordance with its national laws and regulations in the event of any loss or damage suffered as a consequence ofany alleged unlawful action by the Party.

2.      The Party shall inform the flag State, the owner, operator, master or representative, as appropriate, ofthe outcome ofany suchrecourse. Where other Parties, States or international organizations have been informed of the prior decisionpursuant to Articles 9, 11, 13 or 18, the Party shall inform them ofany change in its decision.

PART 5
ROLE OF FLAG STATES

Article 20
Role offlag States
1.      Each Party shall require the vessels entitled to fly its flag to cooperate with the port State in inspections carried out pursuant to this Agreement.

2.      When a Party has clear grounds to believe that a vessel entitled to fly its flag has engaged in IUU fishing or fishing related activities in support of such fishing and is seeking entry to or is in the port ofanother State, it shall, as appropriate, request that State to inspect the vessel or to take other measures consistent with this Agreement.

3.      Each Party shall encourage vessels entitled to fly its flag to land, transship, package and process fish, anduse other port services, in ports of States that are acting in accordance with, or in a manner consistent with this Agreement. Parties are encouraged to develop, including through regional fisheries management organizations and FAO, fair, transparent and non- discriminatory procedures for identifying any State that may not be acting in accordance with, or in a manner consistent with, this Agreement.

4.      Where, following port State inspection, a flag State Party receives an inspection report indicating that there are clear grounds to believe that a vessel entitled to fly its flag has engaged in IUU fishing or fishing related activities in support of such fishing, it shall immediately and fully investigate the matter and shall, upon sufficient evidence, take enforcement action without delay in accordance with its laws and regulations.

5.      Each Party shall, in its capacity as a flag State, report to other Parties, relevant port States and, as appropriate, other relevant States, regional fisheries management organizations and FAO on actions it has taken in respect ofvessels entitled to fly its flag that, as a result ofport State measures taken pursuant to this Agreement, have been determined to have engaged in IUU fishing or fishing related activities in support of such fishing.

6.      Each Party shall ensure that measures applied to vessels entitled to fly its flag are at least as effective in preventing, deterring, and eliminating IUU fishing and fishing related activities in support of such fishing as measures applied to vessels referred to inparagraph 1 ofArticle 3.

PART 6
REQUIREMENTS OF DEVELOPING STATES

Article 21
Requirements ofdeveloping States
1.      Parties shall give full recognition to the special requirements of developing States Parties in relation to the implementation ofport State measures consistent with this Agreement. To this end, Parties shall, either directly or through FAO, other specialized agencies ofthe United Nations or other appropriate international organizations and bodies, including regional  fisheries  management  organizations,  provide  assistance  to developing States Parties in order to, inter alia:

(a)    enhance their ability, in particular the least-developed among
them and small island developing States, to develop a legal
basis and capacity for the implementation of effective port
State measures;

(b)    facilitate their participation in any international organizations
that promote the effective development and implementation
ofport State measures; and

(c)    facilitate technical assistance to strengthen the development
and implementation of port State measures by them, in
coordination with relevant international mechanisms.

2.      Parties shall give due regard to the special requirements of developing port States Parties, in particular the least-developed among them and small island developing States, to ensure that a disproportionate burden resulting from the implementation of this Agreement is not transferred directly or indirectly to them.    In cases where the transfer of a disproportionate burden has been demonstrated, Parties shall cooperate to facilitate the implementation by the relevant developing States Parties of specific obligations under this Agreement.

3.      Parties shall, either directly or through FAO, assess the special requirements ofdeveloping States Parties concerning the implementation of this Agreement.

4.      Parties shall cooperate to establish appropriate funding mechanisms to assist developing States in the implementation ofthis Agreement. These mechanisms shall, inter alia, be directed specifically towards:
(a)    developing national and international port State measures;

(b)    developing and enhancing capacity, including for monitoring,
control and surveillance and for training at the national and
regional levels ofport managers, inspectors, and enforcement
and legal personnel;

(c)    monitoring, control, surveillance and compliance activities
relevant to  port  State  measures,  including  access  to
technology and equipment; and

(d)    assisting developing States Parties with the costs involved in
any proceedings for the settlement ofdisputes that result from
actions they have taken pursuant to this Agreement.

5.      Cooperation with and among developing States Parties for the purposes set out in this Article may include the provision oftechnical and financial assistance through bilateral, multilateral and regional channels, including South-South cooperation.

6.      Parties shall establish an ad hoc working group to periodically report and make recommendations to the Parties on the establishment offunding mechanisms including a scheme for contributions, identification and mobilization offunds, the development ofcriteria and procedures to guide implementation, and progress in the implementation of the funding mechanisms. In addition to the considerations provided in this Article, the ad hoc working group shall take into account, interalia:

(a)   the assessment of the needs of developing States Parties, in
particular the least-developed among them and small island
developing States;

(b)   the availability and timely disbursement of funds;

(c)   transparency of decision-making and management processes
concerning fundraising and allocations; and

(d)   accountability of the recipient developing States Parties in the
agreed use offunds.

Parties shall take into account the reports and any recommendations of the ad hoc working group and take appropriate action.
 

PART 7
DISPUTE SETTLEMENT

Article 22
Peaceful settlement of disputes
1.      Any Party may seek consultations with any other Party or Parties on any dispute with regard to the interpretation or application ofthe provisions ofthis Agreement with a view to reaching a mutually satisfactory solution as soon as possible.

2.      In the event that the dispute is not resolved through these consultations within a reasonable period oftime, the Parties in question shall consult among themselves as soon as possible with a view to having the dispute settled by negotiation,  inquiry, mediation,  conciliation, arbitration, judicial settlement or other peaceful means oftheir own choice.

3.        Any dispute of this character not so resolved 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. In the case offailure to reach agreement on referral to the International Court of Justice, to the International Tribunal for the Law ofthe Sea or to arbitration, the Parties shall continue to consult and cooperate with a view to reaching settlement ofthe dispute in accordance with the rules of international law relating to the conservation of living marine resources.

PART 8
NON-PARTIES

Article 23
Non-Parties to this Agreement
1.        Parties shall encourage non-Parties to this Agreement to become Parties thereto and/or to adopt laws and regulations and implement measures consistent with its provisions.

2.        Parties shall take fair, non-discriminatory and transparent measures consistent with this Agreement and other applicable international law to deter the  activities  of non-Parties  which undermine  the  effective implementation ofthis Agreement.

PART 9
MONITORING, REVIEW AND ASSESSMENT

Article 24
Monitoring, review and assessment
1.      Parties shall, within the framework of FAO and its relevant bodies, ensure the regular and systematic monitoring and review  of the implementation ofthis Agreement as well as the assessment ofprogress made towards achieving its objective.

2.      Four years after the entry into force of this Agreement, FAO shall convene a meeting ofthe Parties to review and assess the effectiveness of this Agreement in achieving its objective. The Parties shall decide on further suchmeetings as necessary.

PART 10
FINAL PROVISIONS

Article 25 Signature

This Agreement shall be open for signature at FAO from the
Twenty-second day of  November 2009 until the Twenty-first day of November  2010  by all  States  and regional  economic  integration organizations.

Article 26
Ratification, acceptance or approval
1.      This Agreement shall be subject to ratification, acceptance or approval by the signatories.

2.      Instruments ofratification, acceptance or approval shall be deposited with the Depositary.

Article 27 Accession
1.      After the period in which this Agreement is open for signature, it shall be open for accession by any State or regional economic integration organization.
 



20
2.      Instruments ofaccession shall be deposited with the Depositary.

Article 28
Participation by Regional Economic Integration Organizations
1.      In cases where a regional economic integration organization that is an international organization referred to in Annex IX, Article 1, ofthe Convention does not have competence over all the matters governed by this Agreement, Annex IX to the Convention shall apply mutatis mutandis to participation by such regional economic integration organization in this Agreement, except that the following provisions of that Annex shall not apply:
(a)   Article 2, first sentence; and (b)   Article 3, paragraph 1.

2.      In cases where a regional economic integration organization that is an international organization referred to in Annex IX, Article 1, ofthe Convention   has competence over all the matters governed by this Agreement, the following provisions shall apply to participation by the regional economic integration organization in this Agreement:

(a)   at the time of signature or accession, such organization shall
make a declaration stating:

(i)    that it has competence over all the matters governed by
this Agreement;
(ii)   that, for this reason, its member States shall notbecome
States Parties, except in respect oftheir territories for
which the organization has no responsibility; and
(iii)  that it accepts the rights and obligations ofStates under
this Agreement;

(b)   participation of such an organization shall in no case confer
any rights under this Agreement on member States of the
organization;

(c)   in the event of a conflict between the obligations of such
organization under this Agreement and its obligations under
the Agreement establishing the organization or any acts
relating to it, the obligations under this Agreement shall
prevail.

Article 29
Entry into force

1.      This Agreement shall enter into force thirty days after the date of deposit with the Depositary ofthe twenty-fifth instrument ofratification, acceptance, approval or accession in accordance with Article 26 or 27.

2.      For each signatory which ratifies,  accepts or approves this Agreement after its entry into force, this Agreement shall enter into force thirty days after the date ofthe deposit of its instrument ofratification, acceptance or approval.

3.      For each State or regional economic integration organization which accedes to this Agreement after its entry into force, this Agreement shall enter into force thirty days after the date ofthe deposit ofits instrument of accession.
4.      For the purposes of this Article, any instrument deposited by a regional economic integration organization shall not be counted as additional to those depositedby its Member States.

Article 30
Reservations and exceptions

No reservations or exceptions may be made to this Agreement.

Article 31
Declarations and statements

Article 30 does not preclude a State or regional economic integration
organization, when signing, ratifying, accepting, approving or acceding to this Agreement, from making a declaration or statement, however phrased or named, with a view to, inter alia, the harmonization of its laws and regulations with the provisions of this Agreement, provided that such declaration or statement does not purport to exclude or to modify the legal effect ofthe provisions ofthis Agreement in their application to that State or regional economic integration organization.

Article 32
Provisional application
1.      This Agreement shall be applied provisionally by States or regional economic integration organizations which consent to its provisional
 
 



application by so notifying the Depositary in writing. Such provisional application shall become effective from the date of receipt of the notification.

2.      Provisional application by a State or regional economic integration organization shall terminate upon the entry into force ofthis Agreement for that State or regional economic integration organization or upon notification by that State or regional economic integration organization to the Depositary in writing ofits intention to terminate provisional application.

Article 33 Amendments

1.      Any Party may propose amendments to this Agreement after the expiry of a period of two years from the date of entry into force ofthis Agreement.

2.      Any proposed amendment to this Agreement shall be transmitted by written communication to the Depositary along with a request for the convening ofa meeting ofthe Parties to consider it. The Depositary shall circulate to all Parties such communication as well as all replies to the request received from Parties. Unless within six months from the date of circulation of the communication one half of the Parties object to the request, the Depositary shall convene a meeting ofthe Parties to consider the proposed amendment.

3.      Subject to Article 34, any amendment to this Agreement shall only be adopted by consensus ofthe Parties present at the meeting at which it is proposed for adoption.

4.      Subject to Article 34, any amendment adopted by the meeting of the Parties shall come into force among the Parties having ratified, accepted or approved it on the ninetieth day after the deposit of instruments of ratification, acceptance or approval by two-thirds of the Parties to this Agreement based on the number of Parties on the date of adoption ofthe amendment. Thereafter the amendment shall enter into force for any other Party on the ninetieth day after that Party deposits its instrument of ratification, acceptance or approval ofthe amendment.

5.      For the purposes of this Article, an instrument deposited by a regional economic integration organization shall not be counted as additional to those depositedby its Member States.

Article 34 Annexes

1 .      The Annexes form an integral part of this Agreement and a reference to this Agreement shall constitute a reference to the Annexes.
2.     An amendment to an Annex to this Agreement may be adopted by two-thirds ofthe Parties to this Agreement present at a meeting where the proposed amendment to the Annex is considered. Every effort shall however be made to reach agreement on any amendment to an Annex by way ofconsensus. An amendment to an Annex shall be incorporated in this Agreement and enter into force for those Parties that have expressed their acceptance from the date on which the Depositary receives notification of acceptance from one-third ofthe Parties to this Agreement, based on the number of Parties on the date of adoption of the amendment. The amendment shall thereafter enter into force for each remaining Party upon receiptby the Depositary ofits acceptance.

Article 35 Withdrawal

Any Party may withdraw from this Agreement at any time after the
expiry of one year from the date upon which the Agreement entered into force with respect to that Party, by giving written notice ofsuch withdrawal to the Depositary. Withdrawal shall become effective one year after receipt ofthe notice ofwithdrawal by the Depositary.

Article 36
The Depositary

The Director-General of FAO shall be the Depositary of this
Agreement. The Depositary shall:

(a)    transmit certified copies of this Agreement to each signatory
and Party;

(b)    register this Agreement, upon its entry into force, with the
Secretariat ofthe United Nations in accordance with Article
102 ofthe Charter ofthe United Nations;

(c)    promptly inform each signatory and Party to this Agreement
of all:
(i)   signatures and instruments of ratification, acceptance,
approval and accession deposited under Articles 25, 26
and 27;
(ii)  the date of entry into force of this Agreement in
accordance with Article 29;
(iii)  proposals for amendment to this Agreement and their
adoption and entry into force in accordance with
Article 33;
(iv)  proposals for amendment to the Annexes and their
adoption and entry into force in accordance with Article
34; and
(v)  withdrawals from this Agreement in accordance with
Article 35.

Article 37
Authentic texts
The Arabic, Chinese, English, French, Russian and Spanish texts of this Agreement are equally authentic.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized, have signed this Agreement.

DONE in Rome on this Twenty-second day ofNovember, 2009.

ANNEX A

Information to be provided in advance by vessels requesting port entry

ANNEX B
 
Port State inspection procedures
 

Inspectors shall:

a)     verify, to the extent possible, that the vessel identification
documentation onboard and information relating to the owner
ofthe vessel is true, complete and correct, including through
appropriate contacts with the flag State or international
records ofvessels ifnecessary;

b)     verify that the vessel’s flag and markings (e.g. name, external
registration number, International Maritime Organization
(IMO) ship identification number, international radio call sign
and other markings, main dimensions) are consistent with
information contained in the documentation;

c)     verify, to the extent possible, that the authorizations for
fishing and fishing related activities are true, complete,
correct and consistent with the information provided in
accordance with Annex A;

d)     review all other relevant documentation and records held
onboard, including, to the extent possible, those in electronic
format and vessel monitoring system (VMS) data from the
flag  State  or relevant regional  fisheries  management
organizations (RFMOs). Relevant documentation may include
logbooks, catch, transshipment and trade documents, crew
lists, stowage plans and drawings, descriptions offish holds,
and documents required pursuant to the Convention on
International Trade in Endangered Species ofWild Fauna and
Flora;

e)      examine, to the extent possible, all relevant fishing gear
onboard, including any gear stowed out of sight as well as
related devices, and to the extent possible, verify that they are
in conformity with the conditions ofthe authorizations. The
fishing gear shall, to the extent possible, also be checked to
ensure that features such as the mesh and twine size, devices
and attachments, dimensions and configuration ofnets, pots,
dredges, hook sizes and numbers are in conformity with
applicable regulations and that the markings correspond to
those authorized for the vessel;

f)      determine, to the extent possible, whether the fish on board
was   harvested   in   accordance   with  the   applicable
authorizations;

g)     examine the fish, including by sampling, to determine its
quantity and composition. In doing so, inspectors may open
containers where the fish has been pre-packed and move the
catch or containers to ascertain the integrity of fish holds.
Such examination may include inspections of product type
and determination of nominal weight;

h)     evaluate whether there is clear evidence for believing that a
vessel has engaged in IUU fishing or fishing related activities
in support ofsuch fishing;

i)      provide the master of the vessel with the report containing the
result of the inspection, including possible measures that
could be taken, to be signed by the inspector and the master.
The master’s signature on the report shall serve only as
acknowledgment ofthe receipt of a copy ofthe report. The
master shall be given the opportunity to add any comments or
objection to the report, and, as appropriate, to contact the
relevant authorities ofthe flag State in particular where the
master has serious difficulties in understanding the content of
the report. A copy of the report shall be provided to the
master; and

j)      arrange, where necessary and possible, for translation of
relevant documentation.

ANNEX D

Information systems on port State measures

In implementing this Agreement, each Party shall:

a)        seek to establish computerized communication in accordance
withArticle 16;

establish, to the extent possible, websites to publicize the list ofports designated in accordance with Article 7 and the actions taken in accordance with the relevant provisions ofthis Agreement;

identify, to the greatest extent possible, each inspection report by a unique reference number starting with 3-alpha code ofthe port State and identification ofthe issuing agency;

utilize, to the extent possible, the international coding system below in Annexes A and C and translate any other coding system into the international system.
Countries/territories:      ISO-3 166 3-alpha Country Code Species:                      ASFIS 3-alphacode (knownas
FAO 3-alpha code)
 

Vessel types:


Gear types :
 

ISSCFV code (known as FAO alpha code)

ISSCFG code (known as FAO alpha code)
 

Guidelines for the training of inspectors

Elements of a training programme for port State inspectors should include at least the following areas:

1.  Ethics;

2.  Health, safetyandsecurityissues;

3.  Applicable national laws and regulations, areas of competence and
conservation and management measures of relevant RFMOs, and
applicable international law;

4.  Collection, evaluation and preservation of evidence;

5.  General inspection procedures such as report writing and interview
techniques;

6.  Analysis of information, such as logbooks, electronic documentation
and vessel history (name, ownership and flag State), required for the
validation ofinformation given by the master ofthe vessel;

7.  Vessel boarding and inspection, including hold inspections and
calculation ofvessel hold volumes;

8.  Verification and validation of information related to landings,
transshipments, processing and fish remaining onboard, including
utilizing conversion factors for the various species andproducts;

9.  Identification of fish species, and the measurement of length and other
biological parameters;

10. Identification ofvessels and gear, and techniques for the inspection and
measurement ofgear;

11. Equipment and operation of VMS and other electronic tracking
systems; and

12. Actions to be taken following an inspection.

CERTIFIED TRUE COPY ofthe English version ofthe Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and
Unregulated Fishing which was approved on 22 November 2009 at the
Thirty-sixth Session ofthe FAO Conference.