Transition from ratification to implementation: Link between BBNJ Agreement and RFMOs

The adoption of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement), on 19 June 2023, marked a historic achievement in efforts to ensure the health and resilience of ocean ecosystems and to level the playing field in the capacity to participate in and benefit from ocean activities. The BBNJ Agreement was negotiated to fill gaps in the Law of the Sea, especially related to the conservation and sustainable use of biodiversity in the areas beyond national jurisdiction. Even though the BBNJ Agreement is not a fisheries management treaty, it is especially promising as a potential mechanism for progress against IUU fishing. Because the problem of IUU fishing has significant international elements and promoting transparency is getting more vital to combating it, coordination and cooperation at the international level are one of the main issues need to be considered with this new Agreement.

Working with fisheries related instruments, the BBNJ Agreement can make significant contributions to the conservation and sustainable use of marine living resources in areas beyond national jurisdiction. The stipulation that the BBNJ Agreement should “not undermine” existing relevant instruments and frameworks, and relevant global, regional and sectoral bodies essentially preserves the jurisdiction of RFMOs over high seas and transboundary fisheries. However, the BBNJ Agreement may require important adjustment of some of the policies at the RFMO level, such as a broadened scope of data collection in the scientific committees and a recalibration of policies at the RFMO level. This underlines the need for a revised approach on their global role in ocean management. Understanding how fishing related instruments relate to and complement each other can contribute to fostering effective implementation of the global legal regime established by the BBNJ Agreement.

Considering RFMOs do not always share or recognize each other’s lists of IUU fishing vessels, the BBNJ Agreement provides an opportunity to promote transparency and address shortcomings arising from the lack of effective coordination among RFMOs. Since the improving information and data exchange is key, the BBNJ Agreement can contribute to this.

As the BBNJ Agreement transitions from ratification to implementation, RFMOs may need to adapt their organizational and policy frameworks to this new global conservation system. The way forward will require collaborative efforts by fishery managers to integrate biodiversity considerations into ocean management. Collaboration and coordination with RFMOs will be instrumental in effectively implementing the BBNJ Agreement once it enters into force. This presentation aims to promote a better understanding of the BBNJ Agreement, its relationship with the fishing related instruments, particularly RFMOs. Building on the idea that an important aspect of the evolving Law of the Sea is the extent to which international instruments continue to strengthen the autonomy of regional fisheries regulation, this presentation will attempt to focus on the interconnection between these instruments in order to make progress in combating IUU fishing.