30 May 2016: The Resumed Review Conference on the Agreement for the Implementation of the Provisions of the UN Convention on the Law of the Sea (UNCLOS) 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNFSA, or the Agreement) agreed on an outcome document with a set of recommendations for securing the conservation and management of straddling fish stocks and highly migratory fish stocks.

The Resumed Review Conference convened from 23-27 May 2016, at UN Headquarters in New York, US. It aimed to assess the effectiveness of the Agreement, including reviewing the implementation of the recommendations adopted at the Review Conference in 2006 and 2010, and proposed means of further strengthening the substance and methods of implementation of its provisions.

The outcome document recommends further actions in a number of areas. The Conference agreed to adopt appropriate conservation and management measures for new or exploratory fisheries in line with the precautionary approach; develop area-based management tools, including marine protected areas (MPAs) and reserves; establish rebuilding and recovery strategies for overfished stocks, with time frames; and minimize by-catch and reduce or eliminate discards, taking into account the relevant targets under the Sustainable Development Goals (SDGs), particularly SDG 14 (Conserve and sustainably use the oceans, seas and marine resources). On sharks, the recommendation calls for strengthening the conservation and management of sharks by, inter alia, developing science-based conservation and management measures for sharks; strengthening scientific information and enforcing existing prohibitions on shark finning by requiring sharks be landed with their fins naturally attached or through different means that are equally effective and enforceable.

On monitoring, control and surveillance (MCS), participants agreed on recommendations to strengthen control over vessels and asses flag state performance; strengthen compliance, cooperation and enforcement schemes in Regional Fisheries Management Organizations (RFMOs); and strengthen fisheries access agreements, among other topics. The Conference also agreed to, inter alia: strengthen mandates and measures in RFMOs; undertake regular performance reviews of RFMOs and develop best practice guidelines for conducting performance reviews and implementing their results; enhance the participation of developing states in RFMOs or Arrangements; and promote wider participation in the Agreement, including among non-parties.

The outcome document also provides further guidance on the future of UNFSA-related processes, establishing that the Informal Consultations of States Parties (ICSP) to the Agreement would continue and that the formal Review Conference could resume, although not until at least 2020. Participants agreed that the ICSP should be dedicated to the consideration of specific issues arising from the implementation of the Agreement on an annual basis.

This Resumed Review Conference is the first to address labor conditions and human rights issues of high sea fleets. Several speakers, including the US, the European Union (EU) and Fiji said flag states should be held accountable for labor conditions of fishing fleets. The EU emphasized the link to SDG 8 (Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all). The Food and Agriculture Organization of the UN (FAO) said that the entry into force of the Port State Measures Agreement (PSMA) offers an opportunity for countries to inspect working conditions on vessels. [IISD RS Summary of the Resumed Review Conference] [IISD RS Coverage of the Resumed Review Conference] [UN DOALOS Press Release] [Resumed Review Conference Website]