Editor's Note: This article was updated on May 9, 2024, to correct a typo.
One of the primary responsibilities of regional fisheries management organizations (RFMOs) – the intergovernmental bodies charged with oversight of most of the world’s high-seas fisheries – is to ensure that their member countries comply with regulations intended to protect valuable fish populations. Although every RFMO does that slightly differently, each organization typically forms a compliance committee to monitor member countries’ adherence to the rules, determine if those members need help implementing measures, and recommend how they should respond to cases of non-compliance.
The most effective compliance review processes include strong requirements for data collection, thorough review mechanisms that evaluate if members are meeting their obligations, a set of pre-agreed corrective actions for when cases of non-compliance are identified, and guidelines for how observer organizations can participate and ensure transparency of the process.
However, most RFMOs could add or strengthen one or more of these elements, and many member countries are also still facing challenges in fulfilling their responsibilities. Fortunately, in the past two years, several RFMOs have sought to improve their compliance processes, to build capacity that supports members’ ability to fulfil their obligations, and to provide greater clarity on what is needed to ensure sustainability.
The Western and Central Pacific Fisheries Commission (WCPFC) and Inter-American Tropical Tuna Commission (IATTC) oversee some of the world’s most valuable tuna fisheries, whose combined catch is worth over $26 billion each year. In recent years, those RFMOs have made changes to improve compliance. For example, WCPFC established a system of “audit points” that detail the specific obligations that are included in key management measures, and agreed on criteria to assess how members are fulfilling their obligations. Similarly, IATTC adopted a procedure to identify and categorize cases of non-compliance and assign follow-up actions, which could include mandatory written updates from members or automatic review of the issue during the next year’s meeting.
Nonetheless, both RFMOs could improve their compliance processes. Specifically, WCPFC should follow other RFMOs and agree to a series of corrective actions that members must take to address cases of non-compliance. WCPFC must also agree to allow accredited civil society organizations to fully observe the compliance review process, to ensure it is being carried out in a transparent way. For IATTC to continue to improve, it should agree to a defined list of serious infringements and accompanying follow-up actions that would ensure the most egregious cases are addressed in a timely manner.
In 2023, the Indian Ocean Tuna Commission (IOTC), which manages tuna catch worth $8.64 billion annually, also agreed on improvements to its compliance process. These included adopting a mechanism to assign compliance statuses to each member and a list of possible follow-up actions, such as technical or capacity assistance, for member governments that need help. But IOTC still needs to develop a list of corrective actions, with incentives and sanctions to correct or deter non-compliance.
Elsewhere, in 2022, the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted a schedule of actions that determines the severity of specific infractions and the actions that countries must take in response. Like WCPFC, ICCAT could also learn from other RFMOs on how best to assess and fulfil obligations.
Developments across multiple RFMOs highlight the progress being made to strengthen accountability through improvements to their compliance review processes. In particular, they demonstrate the value of identifying and categorizing cases of non-compliance and providing predetermined follow-up actions.
But while recent advancements are a positive sign, RFMOs must maintain momentum. RFMOs and their members should learn from the progress made by other regional bodies, and utilize forums such as the Tuna Compliance Network, to continue to identify ways to improve on how they document and track states’ compliance, categorize and respond to infractions, and ensure the process is fair and transparent for all stakeholders.
Laura Eeles is a senior associate and Jamie Gibbon is a manager with The Pew Charitable Trusts’ international fisheries project.