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«Sampan Panjarat The United Nations-Nippon Foundation Fellowship Programme 2007 - 2008 DIVISION FOR OCEAN AFFAIRS AND THE LAW OF THE SEA OFFICE OF ...»

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- 63 It should be note that not all voluntary IPOAs are universally applicable, as the issues they seek to address are not global in nature, For example, the States which have no longliners do not have to implement IPOA-SEABIRDS, and longline fisheries in tropical areas are unlikely to interact with seabirds since such interactions are normally confined to temperate areas. Each State should thus take appropriate action to develop and implement NPOAs for the IPOAs which are of relevance of their situation.221 The IPOAs focusing on the management of fishing capacity and IUU fishing have implications for most States in both small-scale and industrial fisheries. Assessments are needed to determine the extent and gravity of capacity and IUU fishing problems and the development of NPOAs. Each IPOA sets a target date for States to implement their NPOAs. These dates, plus the severity of the problems associated with fishing capacity and IUU fishing, should facilitate priorities for action in implementing the NPOAs.222 Thailand adopted the CCRF as one of its major tools for fisheries management throughout the State and has take action to implement the IPOA-SHARKs through the collection of statistics, the undertaking of biological studies and the development of a national plan of action.223 Thailand endorsed the IPOA-IUU and is in the process of establishing the IPOA-IUU through a national committee to supervise and provide guidance and policy to implement NPOA-IUU in order to ensure that Thailand is a responsible fishing nation.224 Thailand has also begun to work on the implementation of the IPOA-CAPACITY. A National Seminar on the Reduction and Management of Commercial Fishing Capacity in Thailand was held in Cha-Am, Thailand, on 11–14 May 2004. The Seminar was organized in collaboration with the DOF Thailand. Technical and financial support for the seminar was provided by the FAO Fisheries Department and the Fish Code Programme, through the Fish Code Trust. The Seminar succeeded in providing the Government of Thailand with a valuable opportunity to consult widely with stakeholders and provided specific guidelines for further FAO, FAO fisheries Report, Report of the Workshop on the Implementation of the 1995 FAO Code of Conduct for Responsible Fisheries in the Pacific Islands: a Call to Action. Nadi, Fiji, 27-31 October 2003. 2004. 150 p.

Ibid.

DOF of Thailand, Ministry of Agriculture and Cooperative “Fishery Policy Directions of Thailand” August

2006. 8 p.

P. Saikliang, Managing fishing capacity and IUU fishing in Thailand. Poster presented on 13-15 June 2007 Regional Workshop on Managing Fisheries Capacity and IUU Fishing in Asia, Phuket, Thailand. 1 p.

- 64 development of a strategy for reducing commercial fishing capacity in Thailand. Participants recognized that it was essential to undertake certain preliminary actions be undertaken before it would be possible to actually reduce Thailand’s fleet capacity. These included recording details of all vessels, whether fishing legally or not, and then clamping down on all unlicensed fishing.

Preliminary actions have been undertaken by the Government of Thailand to reduce Thailand’s fleet capacity.225 In June 2007, the regional workshop on managing fishing capacity and IUU fishing in Asia convened in Phuket, Thailand, organized by APFIC. It is another initiated step of examining and hearing from the stakeholders and related Government officers before developing national action plan to address the issue.226

B. Regional Framework

RFMOs are intergovernmental fisheries organizations or arrangements that have the authority to establish fisheries conservation and management plans. RFMOs play a critical role in the global system of fisheries governance. They are the primary ways to achieve cooperation between and among fishing nations which is essential for the conservation and effective management of international fisheries. RFMOs may focus on certain species of fish or have a wider remit related to living marine resources in general within a region.227 Thailand affiliates with a number of RFMOs, and co-ordinate efforts to manage fisheries both with respect to a particular species of fish and also under a framework within the particular region as described below.

1. Indian Ocean Tuna Commission The Indian Ocean Tuna Commission (IOTC) is an intergovernmental organization established under Article XIV of the FAO constitution. The Agreement establishing the IOTC FAO, Report of the National Seminar on the Reduction and Management of Commercial Fishing Capacity in Thailand, FAO/FishCode Review. No. 13. Rome, FAO. 2005. 59 p.

APFIC, the Regional Workshop on Managing Fishing Capacity and IUU Fishing in Asia, June 2007, Phuket, Thailand. 1-1 pp.

Chatham House, The Royal Institute of International Affairs. 2007. Recommended Best Practices for Regional Fisheries Management Organizations Executive Summary. Report of an independent panel to develop a model for improved governance by Regional Fisheries Management Organization. 1-1 pp.

- 65 was adopted by the FAO Council at its the 105 Session in Rome on 25 November 1993, and entered into force on the accession of the tenth Member on 27 March 1996.228 The IOTC is mandated to manage tuna and tuna-like species in the Indian Ocean and adjacent seas.229 Currently, there are 16 species230 that are under the management mandate.231 In addition, data on non-target, associated and dependent species affected by tuna fishing operations has be collated.232 The objectives of IOTC are to promote cooperation among its Members with a view to ensuring, through appropriate management, the conservation and optimum utilization of stocks of tuna and tuna like species and to encourage sustainable development of fisheries based on such stocks.233 The IOTC agreement consists of 24 articles234 and establishes functions, responsibilities in accordance with the principles expressed in the relevant provisions of the LOSC, the Compliance Agreement, UNSFA and the CCRF, particularly the IPOAs. The key provisions of the





Agreement address the need to:

• Keep under review the conditions and trends of the stocks, analyse and disseminate scientific information, catch and effort statistics and other data relevant to the conservation and management and fisheries based on the stocks covered by the Agreement;

• Encourage, recommend, and coordinate research and development activities in respect of the stocks and fisheries, and such other activities, including connecting with transfer of technology, training and enhancement, having due regard to the need to ensure the equitable participation of Members of the Commission in the fisheries and the special interests and needs of Members in the region that are developing countries;

IOTC, about IOTC-history (14 July 2006 [cited May 2007]); available from http://www.iotc.org/English/info/mission.php.

IOTC, Agreement for the Establishment of the Indian Ocean Tuna Commission, ANNEX 1. 10 pp. (14 July 2006 [cited May 2007]); available from http://www.iotc.org/English/info/basictext.php.

Ibid.

IOTC, about IOTC-species under IOTC management. (14 July 2006 [cited May 2007]); available from http://www.iotc.org/English/info/mission.php.

Ibid.

Ibid. objective.

IOTC, Agreement for the Establishment of the Indian Ocean Tuna Commission. 10 p. (14 July 2006 [cited May 2007]); available from http://www.iotc.org/English/info/basictext.php.

–  –  –

The IOTC currently has 27 Member States and three States which are cooperating noncontracting parties.236 The responsibility of Members is to ensure that action is taken under national legislation to implement conservation and management measures.237 And States Party are also expected to cooperate in the exchange of information regarding any fishing for the tuna stocks,238 to provide to the IOTC copies of laws, regulations and administrative instructions in force or, where appropriate, summaries thereof, relating to the conservation and management of stocks covered by this Agreement. And States Party are also to inform the IOCT of any amendment or repeal of such laws, regulations and administrative instructions.239 Conservation and management measures binding on Members of the IOTC must be adopted by a two-thirds majority of Members present and voting.240 Recommendations concerning conservation and management of the stocks for furthering the objectives of the Agreement need only be adopted by a simple majority of its Members present and voting.241 Thailand has been an IOTC Member since 17 March 1997242 and has made a commitment to report data related to tuna landings in Thailand by foreign and Thai fishers.243 IOTC emphasize the need to the collect quality fisheries statistics in developing countries as an important prerequisite for further development of their fisheries. The collection of data by national activities greatly assists in the IOTC, Agreement for the Establishment of the Indian Ocean Tuna Commission: art V. (14 July 2006[cited May 2007]); available from http://www.iotc.org/English/info/basictext.php.

H. Miguel. IOTC Data Manager. Personal communication. 20 July 2007.

IOTC, Agreement for the Establishment of the Indian Ocean Tuna Commission. art X Ibid. art XI, 1.

Ibid. art XI, 2.

Ibid. art IX, 1.

Ibid. art IX, 8.

IOTC, structure of the commission (14 July 2006 [cited May 2007]); available from http://www.iotc.org/English/info/comstruct.php.

IOTC, Agreement for the Establishment of the Indian Ocean Tuna Commission. art XI.

- 67 assessment of the status of tuna stocks by regional bodies.244 There are two research programs under the DOF entitled “The Fisheries Information and Statistics (for purse seiners)” and “Data collection on oceanic tuna for longliners and purse seiners at Phuket, Thailand”. Another two cooperative projects have been executed under the DOF/IOTC-Oversea Fisheries Cooperation Foundation (OFCF); one entitled “Enhancement of the data collection and processing system for tuna fisheries in Thailand” and the other named “Enhancement of the data collection and processing system for neritic tuna fisheries in Thailand”. These two projects under DOF/IOTC-OFCF operated April 2005 to 31st March 2006 and 1st October 2005 to 31st March 2006, respectively.245 The projects were successful and it has laid the basis of tuna’s data collection in Thailand. Presently, as flag State who authorizes fishing in the Indian Ocean, and as a port State for landing tuna of foreign vessels, Thailand has the commitment to report statistics, scientific or relevant data to IOTC. Through the assistance of those projects, the quality of tuna statistics collected in Thailand then becomes useful for tuna assessments in the Indian Ocean.

2. Bay of Bengal Large Marine Ecosystem Program

The Bay of Bengal Large Marine Ecosystem (BOBLME) is established to recognize the need for integrated and co-ordinated management of the coastal and near-shore living marine resources. The program involves eight member States bordering the Bay of Bengal: Bangladesh, India, Indonesia, Malaysia, Maldives, Myanmar, Sri Lanka and Thailand (Figure 7).246 BOBLME was submission by FAO to the Global Environment Facility (GEF) under the International Waters portfolio of a proposal for a project to pursue an LMEs approach. There are many organizations involved the program. The World Bank plays the role as Implementing Agency and FAO plays the role as Executing Agency. The Swedish International Development Agency (SIDA) also strongly endorsed the BOBLME Program and allocated substantial funds to support. Co-funding and in-kind contributions are offered by Governments of the States and by the US National Oceanic and Atmospheric Administration (NOAA).247 Under the LME approach, the BOBLM program deals with global, regional and sub regional marine related instruments.

IOTC, Ninth Session of the Scientific Committee, Progress Report on the IOTC-OFCF project to improve statistical systems in Indian Ocean Coastal Countries. Proceedings IOTC-2006-SC-08[EN]. 2006. 3-3 pp.

IOTC, Report of the Eighth Session of the Scientific Committee: ‘Thailand’. Victoria, Seychelles, 7-11 November 2005. IOTC-2005-SC-R[EN]. 2006. 82 p.

BOBLME, member (cited May 2007); available from http://www.fao.org/fi/boblme/website/pscmembers.htm.

BOBLME, prospectus (cited May 2007); available from http://www.fao.org/fi/boblme/website/prospectus.htm.

–  –  –

Source: Adapted from Map of Asia (continent). World Atlas-MSN Encarta, Microsoft Corporation.

2007 (cited December 2007); available from http://encarta.msn.com/map_701510269/Asia.html In recent years, the management of LMEs has become a focus of international ocean governance, because the status or condition of the LMEs has significant effects not only on the LMEs themselves, but also on the human communities that rely on them especially in terms of their fisheries production. The current world wide practice of establishing LMEs projects aims to adopt an integrated ecosystem based approach to the assessment and management of the



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