Agreement on Port State Measures: Understanding and Significance | UPSC

The Impactful Agreement on Port State Measures UPSC

Law enthusiast, always fascinated international agreements ways real impact global issues. One agreement particularly caught attention Agreement on Port State Measures Prevent, Deter Eliminate Illegal, Unreported Unregulated Fishing (PSMA) adopted Food Agriculture Organization (FAO) United Nations. This agreement has immense significance in the realm of maritime law and environmental protection, and I am excited to delve deeper into its implications.

Understanding Agreement on Port State Measures UPSC

The PSMA is a groundbreaking international treaty aimed at combating illegal fishing practices. It operates by preventing vessels engaged in illegal, unreported, and unregulated (IUU) fishing from using ports and landing their catches. By denying entry to these vessels, the agreement effectively disrupts the economic incentive for IUU fishing and helps protect marine resources.

Furthermore, the PSMA sets out a comprehensive framework for port state measures, including requirements for information sharing, inspections, and the implementation of strong enforcement measures. This ensures that parties to the agreement are equipped with the necessary tools to effectively combat IUU fishing within their port jurisdictions.

Impact PSMA

Since its adoption in 2009, the PSMA has made significant strides in addressing the global issue of IUU fishing. As of now, there are over 60 parties to the agreement, including the European Union and its member states, the United States, and many others. This widespread adoption demonstrates the international community`s commitment to addressing the threat of IUU fishing.

Key Impact Areas Statistics
Reduction in IUU Fishing According to FAO, IUU fishing accounts for up to 26 million tonnes of seafood annually, valued at $23 billion.
Increased Transparency Parties to the agreement are required to share information on vessels and their fishing activities, leading to greater transparency in the seafood supply chain.
Improved Enforcement The PSMA provides a legal framework for strong enforcement measures, including the denial of port entry to non-compliant vessels.

Case Study: The Impact of the PSMA in Southeast Asia

Southeast Asia is a region heavily impacted by IUU fishing, with an estimated 25% of global IUU catches originating from its waters. The implementation PSMA resulted tangible benefits region, including Reduction in IUU Fishing activities improved cooperation among port states. For example, Indonesia, a key player in the region, has seen a significant decrease in IUU fishing incidents following the adoption of the PSMA.

Overall, Agreement on Port State Measures Prevent, Deter Eliminate Illegal, Unreported Unregulated Fishing crucial instrument fight IUU fishing. Its impact is evident in the reduction of illegal fishing activities, increased transparency in the seafood supply chain, and improved enforcement measures. As we continue to champion sustainable and responsible fishing practices, the PSMA serves as a beacon of hope for the preservation of our marine resources.

Agreement on Port State Measures

This Agreement on Port State Measures (the “Agreement”) entered on this [Date] by Parties signatories hereto (the “Parties”).

The Parties agree following terms conditions:

1. Definitions
1.1 “Port State Measures” shall refer to the laws, regulations, and requirements established by a coastal State to prevent, deter, and eliminate illegal, unreported, and unregulated fishing in its ports.
1.2 “Party” shall refer to a signatory to this Agreement.
2. Obligations Parties
2.1 Each Party shall take effective measures to ensure that foreign vessels visiting its ports comply with international obligations and applicable laws and regulations.
2.2 Each Party shall designate ports through which foreign vessels may enter and shall provide for inspection, monitoring, and control measures to detect, deter, and eliminate illegal, unreported, and unregulated fishing.
3. Enforcement
3.1 Each Party shall ensure that its competent authorities are empowered to enforce port state measures, including the authority to inspect, detain, and take appropriate enforcement actions against vessels engaged in illegal, unreported, and unregulated fishing.
3.2 Parties shall cooperate and exchange information to facilitate the effective enforcement of port state measures.
4. Dispute Resolution
4.1 Any dispute arising out of or in connection with this Agreement shall be resolved through negotiation, mediation, or other mutually agreed upon dispute resolution mechanisms.

This Agreement shall enter into force upon signature by the Parties and shall remain in effect for a period of [Duration] unless terminated by mutual agreement of the Parties.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.

Agreement on Port State Measures: Your Legal Questions Answered

Question Answer
1. What Agreement on Port State Measures (PSMA)? The PSMA is an international treaty aimed at combating illegal, unreported, and unregulated (IUU) fishing by preventing vessels engaged in IUU fishing from using ports and landing their catches.
2. Which countries are parties to the PSMA? As of now, the PSMA has been ratified by 66 countries and the European Union, indicating a growing global commitment to address IUU fishing.
3. How does the PSMA affect port states? The PSMA requires port states to take certain measures, such as inspecting foreign vessels for compliance with international conservation and management measures, and denying entry or access to port services to vessels engaged in IUU fishing.
4. What obligations flag states PSMA? Under the PSMA, flag states are required to ensure that vessels flying their flag comply with international fisheries conservation and management measures, and cooperate with port states in implementing the agreement.
5. How does the PSMA contribute to sustainable fisheries? By preventing IUU fishing vessels from using ports, the PSMA helps reduce the profitability of such activities, which in turn supports the conservation and sustainable management of fisheries resources.
6. What enforcement mechanisms are in place under the PSMA? The PSMA provides for measures to ensure compliance, including the exchange of information between parties, as well as procedures for identifying and deterring IUU fishing activities.
7. Can port states refuse entry to vessels under the PSMA? Yes, port states can refuse entry or access to port services to vessels suspected of engaging in IUU fishing, in accordance with the procedures set out in the agreement.
8. What role do regional fisheries management organizations (RFMOs) play in the implementation of the PSMA? RFMOs are expected to collaborate with port states and flag states to facilitate the implementation of the PSMA and enhance the effectiveness of measures to combat IUU fishing.
9. How does the PSMA address human rights issues in the fishing industry? The PSMA emphasizes the need for parties to respect and promote human rights and labor standards in the fisheries sector, contributing to the protection of fishers and other workers in the industry.
10. What are the potential implications of non-compliance with the PSMA? Non-compliance with the PSMA can lead to various consequences, including the denial of entry to ports, the imposition of sanctions, and reputational damage for flag states and vessels involved in IUU fishing.