European Commission Directorate-General for Trade

Governance

Past experience has shown that the uncontrolled exploitation of marine resources results in the depletion of fish stocks and is neither environmentally or economically sustainable. Many States have recognised the need to take action on a global basis to limit exploitation of the world’s oceans. The developments in the international law of the sea, and particularly the emergence of the United Nations Convention on the Law of the Sea in 1982 (UNCLOS), have provided an essential framework for establishing a more adequate system of ocean governance.

UNCLOS

The United Nations Convention on the Law of the Sea (UNCLOS), which entered into force on 16 November 1994, sets out a comprehensive regime for the governance of the oceans, covering all aspects of marine management including the delimitation of marine territory, environmental control, scientific research, fishing and other economic and commercial activities and the settlement of disputes relating to ocean matters.

The establishment of Exclusive Economic Zones (EEZ) was the most significant innovation in relation to the governance of marine fisheries resources during the second half of the twentieth century. By the time that the UNCLOS was agreed in 1982, more than 80 coastal states had declared EEZ, mostly of 200nm (370.4km). Within this zone the coastal state enjoys "sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living". The coastal state has the right to set a total allowable catch within this area on the basis of the best scientific evidence available to it. This established a legal right for coastal states to manage fisheries off their coasts and establishes a framework within which coastal state can effectively limit access to their fisheries.

UNCLOS also touches upon the issue of fish resources which extend beyond the limits of an EEZ into a neighbouring EEZ ('shared stocks') and resources which extend into, or migrate through, the high seas ('straddling stocks', such as tuna and swordfish). In both cases, States were called upon to cooperate either directly or through appropriate regional organisations to ensure the conservation and sustainable utilisation of the stocks in question. In the case of straddling and highly migratory stocks, the international community agreed further measures to implement the provisions of UNCLOS in the form of the 1995 UN Fish Stocks Agreement.

UN Fish Stocks Agreement

The Agreement complements the 1993 Food and Agriculture Organisation Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas and the 1995 Food and Agriculture Organisation Code of Conduct for Responsible Fisheries.

The implementation of the 1995 UN Fish Stocks Agreement presents major challenges for both States and regional fisheries management organisations or arrangements. The 1995 UN Fish Stocks Agreement places such arrangements in a pivotal and central position in terms of its implementation. They provide the primary mechanism through which States should cooperate to achieve enhanced resources conservation and management. It is for this reason that the EU has a policy of adhering to any such regional fisheries organisation or agreement where the European fleet has an interest.

Regional Fisheries Organisations

The first Regional Fisheries Organisations date back to the start of the 20th century but the majority of them have been set up in the last forty years. The development of their role is closely linked with the growing awareness of the need for fish stocks to be managed on a sustainable basis. For a long time their main role was to provide advice on conservation and it has only been since the start of the 1970s that they have begun to undertake management tasks which included the adoption of conservation measures, followed by restrictions on fishing opportunities and, more recently, deterrent measures from fishing vessels not part of the management contract.

The Regional Fisheries Organisations are the linchpin of an increasingly important body of rules on fish stocks. These establish the conservation and management measures on the basis in particular of scientific advice. The most important feature of these measures is their binding nature, as once adopted, they become mandatory for contracting parties.

The Regional Fisheries Organisations monitor contracting parties' implementation of conservation measures. They also have inspection, control and surveillance systems to verify compliance by the contracting parties. These include boarding and inspection procedures which reinforce cooperation between the contracting parties.

The future

There is little reason to believe that the pressure on fish resources will reduce in the short term. On the contrary, as certain developing countries seek to establish their own fishing industry, the competition for resources may increase. The European Union will continue to actively support the role of Regional Fisheries Organisations in the field of international fisheries governance. Given its membership of a number of these organisations across the world, the EU is well-placed to ensure that best practice is shared. The EU will also work to ensure that best practice is implemented in its bilateral fisheries agreements with third countries.