INTERNATIONAL OBLIGATIONS AND AGREEMENTS

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1 INTERNATIONAL OBLIGATIONS AND AGREEMENTS TITLE DESCRIPTION Ratification Focal Point CONVENTIONS The United Nations Convention on the Law of the Sea (UNCLOS) also called the Law of the Sea Convention or the Law of the Sea treaty. The Convention 10 December 1982 was adopted by the Third United Nations Conference on the Law of the Sea and opened for signature, together with the Final Act of the Conference, at Montego Bay, Jamaica, on 10 December The Conference was convened pursuant to resolution 3067 (XXVIII)1 adopted by the General Assembly on 16 November The Conference held eleven sessions, from 1973 to It establishes a comprehensive legal framework to regulate all ocean space, its 16 November 1994 uses and resources. It contains, among other things, provisions relating to the territorial sea, the contiguous zone, the continental shelf, the exclusive economic zone and the high seas. It also provides for the protection and preservation of the marine environment, for marine scientific research and for the development and transfer of marine technology. UN Convention on the Law of the Sea United Nations Food and Agriculture Organization (FAO) Committee on Fisheries (COFI Convention on the Conservation of Marine Living Resources (CCAMLR) The Committee on Fisheries (COFI), a subsidiary body of the FAO Council, was established by the FAO Conference at its Thirteenth Session in The Committee presently constitutes the only global inter-governmental forum where major international fisheries and aquaculture problems and issues are examined and recommendations addressed to governments, regional fishery bodies, NGOs, fish workers, FAO and international community, periodically on a world-wide basis. The Committee has held 29 sessions. The First Session in 1966, and thereafter annually till Since 1977 the sessions have been held biennially. COFI may establish sub-committees on certain specific issues, for example the Sub-Committee on Trade or Sub-Committee on Aquaculture. Such subsidiary bodies meet in the inter-sessional period of the parent Committee. South Africa is one of the founder members of the CCAMLR. The Convention applies to the Marine Living Resources of the area south of 60 South latitude and to the marine living resources of the area between that latitude and the Antarctic Convergence which form part of the Antarctic marine ecosystem. In order to protect marine living resources, any harvesting and associated activities must: * prevent the decrease in the size of any harvested population to levels below those which ensure its stable recruitment. For this purpose its size should not be allowed to fall below a level close to that which ensures the greatest net annual increment; * maintain the ecological relationships between harvested, dependent and related populations of Antarctic marine living resources and restore depleted populations to the levels defined above; * prevent changes or minimization of the risk of changes in the marine 23 December October October October 1945 September April 1982 September 1980

2 2 ecosystem which are not potentially reversible over two or three decades, taking into account the state of available knowledge of the direct and indirect impact of harvesting, the effect of the introduction of alien species, the effects of associated activities on the marine ecosystem and of the effects of environmental changes, with the aim of making possible the sustained conservation of Antarctic marine living resources. South East Atlantic Fisheries Organization (SEAFO) The United Nations Convention on Straddling Fish Stock and High Migratory Fish Stocks UN Convention on Migration of Species The Convention provides the administrative structure for its implementation. The Commission takes decisions, the Scientific Committee gathers data and advises the Commission and a Secretariat provides support to both bodies. South African territories of Prince Edward and Marion Islands falls within the CCAMLR Convention Area. SEAFO is a regional fisheries management organization in South East Atlantic Ocean established in line with the provisions of the United Nations Law of the Sea (Article 118) and United Nations Fish Stocks Agreement (UNFSA). The objective of its Convention (The Convention on the Conservation and Management of Fisheries Resources in the South East Atlantic Ocean) is to ensure the long-term conservation and sustainable use of the fishery resources in the Convention Area through the effective implementation of the Convention. The Convention Area excludes exclusive economic zones of the coastal states in the region. This Agreement, which entered into force at the end of 2001, aims to ensure the sustainable use and development of the seas and their resources and to strengthen international co-operation in high seas fisheries. This is in application of the provisions under the 1982 UN Convention on the Law of the Sea relating to the conservation and management of straddling fish stocks, that is stocks which move both within and beyond exclusive economic zones (EEZ), and highly migratory fish such as tuna. The Agreement spells out the rights and obligations of coastal states and of states whose vessels fish on the high seas to ensure the conservation and management of fish stocks through international co-operation. It also encourages co-operation among Regional Fisheries Organisations (RFOs) and underlines the fundamental role that they have to play in this area in terms of observation, control and inspection of fisheries activities The Convention on the Conservation of Migratory Species of Wild Animals (also known as CMS or Bonn Convention) aims to conserve terrestrial, marine and avian migratory species throughout their range. It is an intergovernmental treaty, concluded under the aegis of the United Nations Environment Programme, concerned with the conservation of wildlife and habitats on a global scale. 20 April April April August November July June November 1983

3 3 Convention on International Trade of Endangered Species (CITES) Standing Committee Meeting Ministerial Benguela Current Commission (BCC) The objective of CITES is to ensure that international trade in specimens of wild animals and plants does not threaten their survival. CITES entered into an agreement with FAO whereby they will review and consult together on the scientific, legal, and technical evaluation of commercially exploited aquatic species listed or proposed for listing in the CITES Appendices Annually, international wildlife trade is estimated to be worth billions of dollars and to include hundreds of millions of plant and animal specimens. Many wildlife species in trade are not endangered, but the existence of an agreement to ensure the sustainability of the trade is important in order to safeguard these resources for the future. It s important to note is that the SA Abalone has recently been removed from the CITES Annexure. COMMISSIONS The BCC was formed in 2007 and has received Ministerial support from all three countries. South Africa plays a leading role in the management of the Benguela system. Information generated at the BCC will contribute to South Africa and DEAT develop research, management and compliance strategies that are in synergy with the neighboring countries. 1 December March July October March March March 2013 International Commission for the Conservation of Atlantic Tunas (ICCAT) The International Commission for the Conservation of Atlantic Tunas is an inter-governmental fishery organization responsible for the conservation of tunas and tuna-like species in the Atlantic Ocean and its adjacent seas. ICCAT compiles fishery statistics from its members and from all entities fishing for these species in the Atlantic Ocean, coordinates research, including stock assessment, on behalf of its members, develops scientific-based management advice, provides a mechanism for Contracting Parties to agree on management measures, and produces relevant publications. South Africa is a Member Party to the Commission and is expected to implement all of the Commission s management and conservation measures. 14 May March March 1969

4 4 Commission for the Conservation of Southern Bluefin Tuna (CCSBT) The Commission for the Conservation of Southern Bluefin Tuna (CCSBT) is an intergovernmental organization responsible for the management of southern bluefin tuna throughout its distribution. The CCSBT s objective is to ensure through appropriate management, the conservation and optimum utilization of southern bluefin tuna. Members of the Extended Commission compromise: Australia, the Fishing Entity of Taiwan, Indonesia, Japan, Republic of Korea and New Zealand. Cooperating Non Members compromise: the Philippines, South Africa and the European Union. May May 1994 In progress Indian Ocean Tuna Commission (IOTC) The Indian Ocean Tuna Commission (IOTC) is a Regional Fisheries Management Organization (RFMO) responsible for managing tuna and tuna-like species in the Indian Ocean. The Management under the IOTC includes data repository, stock assessments, determination of TACs, country allocations, dissemination of information, and the determination of management and conservation measures. The jurisdiction of IOTC includes all tuna species, billfish species (including swordfish), pelagic sharks and other pelagic by-catch species such as wahoo, dorado, escolar and oilfish. The Compliance Commission consists of various Member Parties coordinated by a secretariat and Co-operating Non-Contracting Parties. Currently, 27 Parties are Member Parties and 3 Parties are Co-operating Non- Contracting Parties. South Africa is currently a Co-operating Non-Contracting Party to the IOTC. 25 November July 1996 In progress SADC Protocol on Fisheries BRICS (Brazil, Russia, India, China, South Africa) The Southern African Development Community (SADC) has been in existence since 1980, when it was formed as a loose alliance of nine majority-ruled States in Southern Africa known as the Southern African Development Coordination Conference (SADCC). The SADC vision is one of a common future, within a regional community that will ensure economic well-being, improvement of the standards of living and quality of life, freedom and social justice; peace and security for the peoples of Southern Africa. This shared vision is anchored on the common values and principles and the historical and cultural affinities that exist amongst the peoples of Southern Africa. These Summits are convened to seek common ground on areas of importance for these major economies. Talks represent political and entrepreneurial coordination, in which member countries have identified several business opportunities, economic complimentary and areas of cooperation. The BRICS (Brazil, Russia, India, China, and South Africa) Mechanisms aims to achieve peace, security, development and cooperation. It also seeks to contribute 14 August August August 2001

5 5 IBSA (India Brazil SA) Trilateral Ministerial Commission significantly to the development of humanity and establish a more equitable and fair world. IBSA is a trilateral, development initiative between India, Brazil and South Africa to promote South South cooperation and exchange. In the aftermath of discussions between the Heads of State and/or Government of the IBSA countries at the G 8 meeting that took place in Evian in 2003, and following ongoing trilateral consultations, the Foreign Ministers of the respective countries met in Brasilia on June 6, formalized through the adoption of the Brasilia Declaration. December June October 2008 SWIOFC (South West Indian Ocean Fisheries Commission) IBSA is of strategic importance to fisheries considering that the areas of cooperation in the various sectors includes Improvement of short cycle livestock production in Agriculture/Aquaculture and the development of substantial capabilities in different sectors in Trade. SWIOFC is one of the numerous regional fisheries management organizations (RFMO S) AND WAS ESTABLISHED IN SWIOFC is composed of coastal states on the east coast of Africa whose territories are situated within the area of jurisdiction of the organization. South Africa participates in the organization mainly because of trans-boundary fish stock and ecosystem management relevant to its social and economic interest. BILATERAL AGREEMENTS COUNTRY TYPE OF AGREEMENT AREAS OF COOPERATION AGREEMENT PROCESS Australia This cooperative framework derives from the fruitful cooperation between the two countries within CCAMLR to address IUU fishing in the Southern Ocean Formal cooperation on Fisheries Cooperate on combating Illegal Unreported and Unregulated (IUU) fishing activities Enhancing exchange programme Cultural heritage conservation in marine protected areas Marine pollution management Expansion and management of marine protected areas Policing of CCAMLR zones A letter of Intent was signed in March Mozambique Agreement on cooperation in respect of fisheries and integrated marine and coastal management and development. Fisheries and Coastal development Research, Compliance, Monitoring and Surveillance Information exchange Marine aquaculture development Statistical database Capacity building Sharing of information on Coastal protection December 2008

6 6 New Zealand This also derives from the common interests in the Southern Ocean Research Compliance Sharing information on fisheries policy Enhancement of the ability to cooperate within RFMOs and other international for a Sharing of information on coastal management and protection Cultural heritage in Marine Protected Areas Cooperation arrangement entered in March FUTURE BILATERALS China Fisheries and aquaculture Fisheries and Aquaculture development and training Marine policy Marine eco-environmental protection; Integrated coastal management Ocean observation and prediction; Antarctic research cooperation; Ocean minerals resources exploration and exploitation; Sea island and coastal zone management; Marine scientific research including resource surveys; Ocean satellite and remote sensing; Marine information and data exchange; and Both Parties may mutually agree upon any other area of cooperation in the field of marine science and technology. Chile Cooperation on Aquaculture development Learning and exploring the best practices on aquaculture Canada Cooperation on Aquaculture management and To cooperate in: development Animal health Species development technology Shell fish sanitation programme Environment monitoring programme Aquaculture management practices

7 Norway Donor funded Projects Marine ecosystems approaches, Research and data development Coastal Management Aquaculture United Kingdom Cooperation on Aquaculture development Learning and exploring the best practices on aquaculture France South Africa and France currently have extensive bilateral cooperation in areas such as science, culture, safety and security, health, tourism and defence and both countries wish to extend their mutual cooperation. As an example of initiatives to further strengthen scientific and technical cooperation, South Africa and France would negotiate an agreement to extend their continental shelves off the South African islands of Marion and Prince Edward and the French archipelago of Crozet. This submission will be made to the Commission on the Limits of the Continental Shelf in accordance with Article 76 of the United Nations Convention on the Law of the Sea. 7 Cooperative surveillance and law enforcement operations, including through developing further agreements or arrangements; to enhance: cooperative surveillance and scientific research on marine living resources the adoption of agreed minimum standards for the vessel marking of fishing vessels licensed to fish in the area of Cooperation

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