1. Tackling unregulated fishing activities in the context of the Fish Stock Agreement and RFMOs: is international customary law finally emerging? Osvaldo Urrutia S. Director of the Law of the Sea Center, Faculty of Law, Universidad Católica de Valparaíso Vice-Chairman, South Pacific Regional Fisheries Management Organisation (SPRFMO) Legal and international adviser, Undersecretariat for Fisheries, Government of Chile

2. The FSA is the most important development since UNCLOS for the regulation and good governance of fishing on the high seas But neither UNCLOS nor the FSA could have foreseen the complexities and challenges of combating IUU fishing today The FSA should not be read in isolation: developments in the Law of the Sea in relation to combating IUU fishing United Nations General Assembly Resolutions FAO Plan of Action IUU fishing 2001 FAOPort State Measures Agreement 2009 FAO Port State Measures Agreement 2009

3. Clear link FSA and the concept of unregulated fishing IUU fishing (FAO 2001, PSM Agreement 2009): ilegal, unreported, unregulated activities Fishing in a RFMO area by vessels without nationality, or by those flying the flag of a State not party to that organization Therefore, States parties to FSA and members of RFMOs should not tolerate unregulated activities Arts. 8.4 and 17 FSA: only Parties to RFMOs may fish in area regulated by RFMO

4. The IUU listing and its consequences What have States parties to the FSA and RFMOs done in relation to unregulated activities? It is possible to identify some interesting developments: 123 4 The regulation of transhipments and support activities Port access and port use regulations Boarding and inspection procedures

7. The IUU listing and its consequences And then, what have States parties to the FSA and RFMOs done in relation to unregulated activities? It is possible to identify some interesting developments: 123 4 The regulation of transhipments and support activities Port access and port use regulations Boarding and inspection procedures

10. Some relevant States have started to consider unregulated activities as contrary to international law - FSA has 82 Parties and world RFMOs add more States to the equation - State practice and opinio iuris should be assessed with regard to relevant States - The Law of the Sea has been historically the area of international law in which customary law is perhaps more fruitful and relevant - Bear in mind the developments we have identified Could we say that an emerging principle of international customary law is emerging? Is this important? Why?

11. Thank you