Article 6.3, point b) of the agreement obliges States cooperating through THE ORPs to implement the precautionary approach by defining stock-specific benchmarks on the basis of fishing mortality or stock size and by committing to act in the event of a violation of these benchmarks. Appendix II of the agreement defines how these benchmarks should be defined and calls for the adoption of two species: conservation or limitation, reference points and destination management or reference. Target reference points “are aimed at achieving management objectives”15 and should not be exceeded “on average.” 16 When the size of the stock drains or when the mortality of the fishery exceeds a defined reference point, managers put in place a “pre-agreed conservation and management measure” called the “harvest control rule.” The details depend on exceeding a target or limit. Governing bodies act slowly in accordance with international agreements Port state controls play a crucial role in preventing the intrusion of illegal fish into world markets, removing economic incentives for illegal operators and ensuring compliance with management measures. However, controls require wide application to be effective. The review conference, which resumed in 2010, encouraged “States to consider becoming parties to the port state agreement to prevent, deter and eliminate illegal, unreported and unregulated FAO fishing,” called PSMA, and to take action through the port state through the PMOs, in accordance with the agreement. Several PROs have reviewed their port controls or considered new ones. Few have fully adapted their provisions to the LSP and some have not agreed to minimum standards for port inspections. Implementation of the measures already adopted is illegal. While some depleted tuna boats, such as the Eastern Atlantic red spot, are recovering, many stocks exploited by the five MFOs continue to be overfished and overfished. The inability of Member State governments to replenish depleted stocks means that they are not meeting their obligations under UNFSA. This issue needs to be addressed at the highest level and could be a key outcome of the conference.
The agreement strives to achieve this goal by establishing a framework for cooperation in the conservation and management of these resources. It promotes good governance in the oceans through effective management and conservation of offshore resources, including setting detailed minimum international standards for the conservation and management of straddling fish stocks and large migratory fish stocks; Ensure that conservation and management measures for these stocks are compatible and consistent in areas under national jurisdiction and on the adjacent high seas; Ensure that effective mechanisms are in place to ensure compliance and implementation of these measures on the high seas; and recognising the specific conservation and management requirements of developing countries, as well as development and participation in fisheries for the two types of stocks mentioned above. Sharks are among the most endangered species of tuna fishing. That is why the review conference, which resumed in 2010, recommended that states “strengthen, individually and through THE PROs, shark conservation and management.” 47 Measures that could contribute to achieving this objective include specific requirements for collecting data on shark species and developing conservation and management measures for sharks, whether caught in targeted fisheries or as bycathug.