Lanterna Rally

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Published: 2020

Total Pages: 0

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The draft consolidated text, circulated to Members on June 25, presents a streamlined compilation of the draft language under discussion in a series of articles covering the new instrument's scope and definitions, the three substantive pillars of the rules (subsidies to IUU fishing, to overfished stocks, and subsidies that contribute to overcapacity and overfishing more broadly) and some cross-cut [...] Scope and Definitions Issues covered under the two first articles of the draft consolidated text include the type of subsidies covered by the disciplines, the overall scope of a future instrument, and the definition of key terms such as fishing or fishing-related activities. [...] In the case of an RFMO/A, Members seem to be converging on the need to ensure that the determination is made according to the rules and procedures of the RFMO/A. [...] Discussions have also focused on whether to make explicit certain obligations in the United Nations Convention on the Law of the Sea (UNCLOS) requiring the Member making a determination to inform the flag state of the vessel concerned and whether also to extend such an obligation to notification of the subsidizing Member and give them the opportunity to provide information. [...] The draft consolidated text suggests possibilities for the duration of the prohibition (as long as the sanction is in place, with a minimum number of months to be negotiated) and reflects ideas requiring Members notify measures in place, but does not explicitly address the question of when the prohibition would begin to apply.