Innovation in the quest for compatibility: Interplay of jurisdiction and allocation in the South Pacific Regional Fisheries Management Organisation

Abstract

This paper explores how the legal obligation that management measures for straddling stocks in the high seas and for areas under national jurisdiction must be ‘compatible’ is interpreted within the forum of Regional Fisheries Management Organisations, by considering the example of the ongoing conflict over allocation of jack mackerel (Trachurus murphyi) managed by the South Pacific Regional Fisheries Management Organisation (SPRFMO). To do so, the paper presents the innovative framework through which to realise compatibility set forth by the treaty instituting SPRFMO, the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean, together with the practice implementing these provisions as seen in the annual SPRFMO jack mackerel management measure. This measure has evolved as coastal States Chile and Ecuador have consented over time to apply the measure in the areas under their national jurisdiction, and as it has been used to urge coastal State Peru to ensure measures under its area of jurisdiction are compatible with those in the SPRFMO measure. Methodologically, the paper draws from a mix of doctrinal analysis of international treaties alongside document analysis of SPRFMO Commission meeting reports, management measures, and reports of the SPRFMO Review Panel, enriched through interviews with persons with experience of the workings of SPRFMO. Ultimately, the paper grapples with the challenges in interpreting and applying the legal obligation of compatibility within the political context of allocation decisions by a Regional Fisheries Management Organisation such as SPRFMO.