While much of the fishing industry in this region has been fixated on LIFO and CETA as of late, on June 5 of this year, the PSMA was made legally binding around the world, with little mention or fanfare in this neck of the woods.
While everyone is familiar with the acronyms LIFO (Last In-First Out) and CETA (Comprehensive Economic and Trade Agreement between Canada and the European Union), the PSMA (Port State Measures Agreement) is probably not on the tip of everyone’s tongue.
So what is the PSMA you might be asking and what’s the big deal? It has the potential to be quite a big deal actually.
PSMA’s official name is the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing. Quite the mouthful, but in a nutshell, it is the first ever binding international treaty that focuses specifically on illicit fishing.
Way back on September 1, 2009, the United Nations’ Food and Agriculture Organization (FAO) finalized the text of a new treaty that aimed to close fishing ports to vessels involved in illegal, unreported and unregulated (IUU) fishing — a treaty that was agreed upon by a group of 91 countries.
At the time, the FAO said it hoped that the agreement will help block IUU-caught fish from entering international markets, thereby removing an important incentive for some fishermen to engage in illicit fishing.
Countries ratifying the agreement were supposed to commit to take a number of steps to harden their ports against IUU fishers, including policies such as:
- Foreign fishing vessels wishing to dock will be required to request permission from specially designated ports ahead of time, transmitting information on their activities and the fish they have on board — this will give authorities an opportunity to spot red flags in advance.
- The treaty commits countries to regular inspections and outlines a set of standards that will be used during those inspections. Reviews of ship papers, surveys of fishing gear, examining catches and checking a ship’s records can often reveal if it has engaged in IUU fishing.
- Signatories must ensure that ports and inspectors are adequately equipped and trained.
- When a vessel is denied access, port states must communicate that information publicly and national authorities from the country whose flag the vessel is flying must take follow-up action.
- The treaty calls for the creation of information-sharing networks to let countries share details on IUU-associated vessels, and also contains provisions intended to assist resource-strapped developing countries meet their treaty obligations.
Fast forward to present day.
FAO Director-General José Graziano da Silva said the implementation of PSMA “marks the dawn of a new era in the effort to combat illegal fishing, but rapid action is needed to make sure its implementation is effective.”
The FAO announced that currently, the parties that have acceded to the PSMA are Australia, Barbados, Chile, Costa Rica, Cuba, Dominica, the European Union (as a member organization), Gabon, Guinea, Guyana, Iceland, Mauritius, Mozambique, Myanmar, New Zealand, Norway, Oman, Palau, Republic of Korea, Saint Kitts and Nevis, Seychelles, Somalia, South Africa, Sri Lanka, Sudan, Thailand, Tonga, the United States of America, Uruguay and Vanuatu.
So why isn’t Canada on this list?
On November 24, 2010, then-federal Fisheries and Oceans Minister Gail Shea announced that Canada had signed the United Nations (UN) Food and Agriculture Organisation’s (FAO) Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA).
“Global Illegal, Unreported and Unregulated (IUU) fishing activities undermine the livelihoods of legitimate fish harvesters, both in Canada and abroad,” she said. “I am proud that Canada has played a longstanding leadership role in the global fight against illegal fishing and was a key player in the negotiation and adoption of this Agreement.”
So what is the delay in Canada adding its name to the list of countries acceding this agreement into law?
According to the Government of Canada’s website, the process is coming along and is making its way through the various governmental and regulatory channels.
Canada, according to the website, is making amendments to the Coastal Fisheries Protection Act to strengthen the Act and allow Canada to meet its commitments to the international Port State Measures Agreement.
“The enabling legislation, Bill S-3, An Act to Amend the Coastal Fisheries Protection Act, received Royal Assent on June 18, 2015. Having completed the necessary amendments to the enabling Act (CFPA), Canada has begun the process required to amend the associated regulations (CFPR), after which Canada will be in a position to ratify the PSMA. This regulatory amendment process is expected to take a minimum of 12 months more.”
So Canada is not delinquent in its international obligations and like many things in Ottawa, is slowly and steadily moving towards a positive resolution. It is not like this country has not had issues with illegal fishing in the past — and continuing into the present some will argue. So it is important Canada officially signs on to this agreement and passes it into law.
Some of the skeptics out there might say that such a law is only political window dressing and it won’t make any difference — stating that those currently illegally pillaging fish stocks are going to keep doing exactly what they are doing. Unfortunately, such a law is never going to wipe out illegal fishing activity, but at least a unified international effort is a step in the right direction.
So what is the biological and economic impact of illegal fishing? It is estimated that globally, IUU fishing accounts for annual catches of up to 26 million tonnes, with a value of up to $23 billion.
