Implementing Article 28 of the UN Fish Stocks Agreement: The First Review of a Conservation Measure in the South Pacific Regional Fisheries Management Organisation

Abstract

ABSTRACTThis article assesses the contribution of the 2013 Review of the South Pacific Regional Fisheries Management Organisation's measure on jack mackerel to effective decision making as mandated by the UN Fish Stocks Agreement. Though positive overall, the review highlights some potential flaws, notably the dilemma that the requirement of an alternative measure equivalent in effect to the one challenged may, if interpreted strictly, lead to a replacement measure just as unacceptable to the state initiating the review. Other issues emerging from the review are the incentive to overreport catch in anticipation of an allocation and a doubtful interpretation of a central provision in the treaty that created the organization.