PSM

Introduction

Illegal, unreported, and unregulated (IUU) fishing is a broad term that captures a wide variety of fishing activities. IUU fishing is found in all types and dimensions of fisheries; it occurs both on the high seas and in areas within national jurisdiction. It concerns all aspects and stages of the capture and utilization of fish, and it may sometimes be associated with organized crime. IUU fishing is a global threat to sustainable fisheries and to the management and conservation of fishery resources and marine biodiversity. In 2001, the FAO Committee on Fisheries (COFI) adopted the International Plan of Action to Prevent, Deter and Eliminate IUU fishing (IPOA-IUU) which is applied on a voluntary basis. A large and diverse set of measures for States was bounded to combat IUU fishing, individually and in collaboration with other States. Some of these measures are designed for use by all States; others are tailored for application by flag States, coastal States and port States. Nevertheless, with the failure of flag States to effectively control fishing operations carried out by vessels flying their flags and the limited capacity of some coastal States to effectively enforce regulations, this has heighten the importance and roles of port State in combating the IUU fishing activities in effective manner.

Port State Measures (PSM) are requirements established or interventions undertaken by port States which a foreign fishing vessel must comply with or is subjected to as a condition for use of ports within the port State. National PSM would typically include requirements related to prior notification of port entry, use of designated ports, restrictions on port entry and landing/transshipment of fish, restrictions on supplies and services, documentation requirements and port inspections, as well as related measures, such as IUU vessel listing, trade-related measures and sanctions. Many of these measures have in recent years seen their inclusion and development in international instruments. Nonetheless, to further strengthen the implementation of the PSM, FAO in 2009 also adopted the Agreement of Port State Measures (PSMA) as legally-binding instruments for combating IUU fishing; and the PSMA has entered into force in June 2016.

In the Southeast Asian region, the Resolution and Plan of Action on Sustainable Fisheries for Food Security for ASEAN Region Towards 2030, adopted by the Senior Officials and Ministers responsible for fisheries of the ASEAN-SEAFDEC Member Countries in 2020, emphasizes the need to “Improve the capacity of relevant national authorities to effectively implement the requirements of port State measures and flag State responsibilities” (PoA#32). It is therefore necessary that capacity building activities be extended to relevant authorities of the ASEAN Member States (AMSs) to undertake their functions for regional and bilateral/sub-regional cooperation, and to effectively implement the requirements of port State measures and flag State responsibilities.