SFF fisheries framework agreement faroe

The SFF has welcomed the publication of the fisheries framework agreement with the Faroe Islands

The Scottish Fishermen’s Federation (SFF) has welcomed the publication of the fisheries framework agreement between the UK and the Faroe Islands.

In a tweet this morning the organisation said “We welcome the publication of the framework agreement between the UK and Faroe on fisheries. Like those agreed with Norway and Greenland, important milestones on the road to independent coastal state status, enshrining the principle of zonal attachment.”

The framework agreement which will come into force on 01 January 2021 was signed between the two nations on 29 October this year, commits both contracting parties to following  the principles established by the Code of Conduct for Responsible Fisheries adopted at the FAO Conference in 1995.

The main fisheries issues are covered below:

Under Article 1, both parties have agreed to cooperate with a view to achieving the objective of ensuring the long-term conservation and sustainable use of marine living resources and, in doing so, safeguarding the ecosystems in which these resources occur, through the application of the following principles: 

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The Scottish Fishermen’s Federation has welcomed the publication of the fisheries framework agreement between the UK and the Faroe Islands.

(a) the promotion of the long-term sustainability and optimum utilisation of marine living resources; 

(b) that conservation and management measures for fisheries are based on the best scientific evidence available; 

(c) the application of the precautionary approach to fisheries management; 

(d) that due account is taken of the impact of fishing on species belonging to the same ecosystem or dependent upon or associated with the target stocks, and in doing so, measures are adopted to minimise harmful impacts; 

(e) that due account is taken of the need to preserve marine biological diversity;

(f) that complete and accurate data relevant to the management of fishing and fishing related activities are collected and shared in a timely manner; 

(g) the need to ensure compliance with fisheries conservation and management measures; 

(h) the facilitation of scientific research, in particular with regard to stocks of common interest, marine biology and the marine environment.

Under Article 2 – Access and Quota Transfers

  1. Each Contracting Party may grant access to its area of fisheries jurisdiction to

vessels flying the flag of the other Contracting Party, for the purposes of fishing. The extent and conditions of any such access shall be the subject of annual consultations between the Contracting Parties.

  1. Each Contracting Party may transfer to the other quotas for fishing by vessels flying the flag of that other Contracting Party. Any such transfers will be the subject of annual consultations between the Contracting Parties and will be subject to adjustment, where necessary.
  1. In this Agreement, a Contracting Party’s area of fisheries jurisdiction means the waters in respect of which it exercises sovereign rights or jurisdiction, extending up to 200 nautical miles from the baselines from which its territorial sea is measured, but excluding its territorial sea.

Article 3 provides for Annual Consultations:

  1. The Contracting Parties shall consult annually to seek to determine, inter alia, the following matters:

(a) any access by fishing vessels flying the flag of one Contracting Party to

the other’s area of fisheries jurisdiction under Article 2(1), and

(b) any transfer of quotas from one Contracting Party to the other under

Article 2(2).

  1. The Contracting Parties shall produce a written record documenting the results of their consultations.

Article 4 – Vessel Licensing:

Where access by fishing vessels flying the flag of one Contracting Party (the fishing Contracting Party) to the area of fisheries jurisdiction of the other Contracting Party (the licensing Contracting Party) has been granted under Article 2, the competent authorities of the fishing Contracting Party shall communicate in due time to the licensing Contracting Party the name, registration number, and other relevant particulars of the fishing vessels which shall be eligible to fish within the area of fisheries jurisdiction of the licensing Contracting Party. The licensing Contracting Party shall thereupon issue licences in a manner commensurate with the possibilities for fishing granted to the fishing Contracting Party and consistently with the terms under which access has been granted. 

Under Article 5- Compliance, Control and Enforcement:

  1. Each Contracting Party shall, consistent with international law, take all necessary measures to ensure that, when fishing in the area of fisheries jurisdiction of the other Contracting Party, vessels flying its flag comply with all conservation and management measures, other terms and conditions, and all rules and regulations governing fishing activities in that area.
  2. The Contracting Parties may agree on arrangements for operational cooperation necessary for the proper functioning or implementation of this Agreement, dealing in particular with:

(a) the licensing of vessels flying the flag of one Contracting Party when fishing in the other Contracting Party’s area of fisheries jurisdiction, including the exchange of data relating to such vessels;

(b) monitoring, control and surveillance of fisheries to ensure compliance with conservation and management measures.

  1. Arrangements agreed pursuant to this Article may take the form of protocols and guidance documents.

Article 6 – Consultation and Dispute Resolution

The Contracting Parties agree to consult on questions relating to the implementation and proper functioning of this Agreement, or in the event of a dispute concerning its interpretation or application.

The full document can be found here.

Brian J McMullin Solicitors
MMG Welding Killybegs

SFF welcomes publication of fisheries framework agreement with Faroe Islands

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