Link
to text of agreement
Status
of agreement
| Basic information |
| Date of adoption | 5 February 2002 |
| Place of adoption | Belize City, Belize |
| Entry into force | 5 February 2002 |
| Authentic text(s) | English |
| Summary of provisions |
Objectives
(a) The efficient management and sustainable development of marine and other aquatic resources within the jurisdictions of Member States;
(b) the promotion and establishment of co-operative arrangements among interested States for the efficient management of shared, straddling or highly migratory marine and other aquatic resources;
(c) the provision of technical advisory and consultative services to fisheries divisions of Member States in the development, management and conservation of their marine and other aquatic resources.
Scope
- Material
Marine and other aquatic resources.
- Geographic
The CARICOM region.
Organizational mechanism
Caribbean Regional Fisheries Mechanism
| Description of agreement |
The Agreement establishing the Caribbean Regional Fisheries Mechanism (CRFM) was adopted at the Thirteenth Intersessional Meeting of the Heads of Government of the Caribbean Community (CARICOM), in Belize City, Belize from 4-5 February 2002. The Agreement entered into force immediately, following signature by eight countries at that meeting. The process for the establishment of the CRFM was formally launched in 1996, although it had its origins in an earlier CARICOM programme, established in 1991: the Caribbean Fisheries Resources Assessment and Management Programme (CFRAMP). One of the major objectives of CFRAMP, which ran for 10 years, was the establishment of a permanent regional fisheries mechanism to replace it when it expired. The negotiations for that permanent mechanism took place over several years, and was developed through a series of regional technical workshops and ad hoc working group meetings between 1999 and 2002. The inaugural meeting of the CRFM bodies took place in March 2003, in Belize (the new location of the headquarters of the CRFM).
Objectives and scope
The overall goal of the Agreement is to promote sustainable use of fisheries and aquaculture resources in and among member States, by the development, management and conservation of these resources in collaboration with stakeholders to benefit the people of the Caribbean region. The Agreement identifies three specific objectives of the CRFM as follows: (a) the efficient management and sustainable development of marine and other aquatic resources within the jurisdictions of Member States; (b) the promotion and establishment of co-operative arrangements among interested States for the efficient management of shared, straddling or highly migratory marine and other aquatic resources; (c) the provision of technical advisory and consultative services to fisheries divisions of Member States in the development, management and conservation of their marine and other aquatic resources.
Participation
Participation in the Agreement and CRFM is open to all CARICOM Member States and Associate Member States. Beyond this, the Ministerial Council may admit as an Associate Member of the Mechanism any State or territory of the Caribbean Region, that, in its opinion, is able and willing to discharge its obligations under the Agreement. The State or territory wishing to become an Associate Member must conclude an association agreement with the CRFM.
Organizational structure
The Convention provides for the establishment of three main bodies, which together make up the Caribbean Regional Fisheries Mechanism: the Ministerial Council; the Caribbean Fisheries Forum; and the Technical Unit (which also serves as the Secretariat).
Ministerial Council
The Ministerial Council is the main decision-making body, is composed of a Minister of Fisheries from each member Government and is to meet in regular session once per year. It is to determine the policy of the Mechanism, including by, inter alia:
(a) promoting the efficient management, conservation and development of shared, straddling and highly migratory marine and other aquatic resources of the Caribbean Region through attainment of competence over the resources and through cooperation with competent organizations;
(b) developing and maintaining relations with national, sub-regional and regional institutions and bodies and international institutions and organizations concerned with fisheries;
(c) promoting and facilitating human resource training and development in fisheries and support programmes designed to establish, facilitate and strengthen fisheries research, technical cooperation and fair working and living conditions for fishers and fish workers;
(d) organizing and reviewing the work of the Mechanism, and its component bodies.
Forum
The composition of the Forum, which is to meet ordinarily once per year, includes both representatives of each member and associate member of the mechanism, and representatives of selected groups, approved by the Ministerial Council as observers. These groups include: fisher folk organizations and private fishing companies within the Caribbean Region; and regional organizations and non-governmental organizations whose work in the area of fisheries contribute to the work of the Mechanism. The functions of the Forum include, inter alia:
(a) promoting the protection and rehabilitation of fisheries habitats and the environment generally;
(b) encouraging the use of post-harvest practices that maintain the nutritional value and quality of products;
(c) encouraging the establishment of effective mechanisms for monitoring, control and surveillance of fisheries exploitation;
(d) recommending arrangements for sustainable fisheries management and development and cooperative and other arrangements relating to fisheries;
(e) reviewing the arrangements recommended by the Technical Unit for sustainable fisheries management and development and considering action taken by Member States and third States which may prejudice arrangements for such management and development;
(f) carrying out certain administrative and executive functions.
The Forum is empowered to establish such Sub-Committees as is considered necessary for the fulfilment of these functions and the work of the Forum is overseen by an Executive Committee, composed of five members and two associate members, which is to function as necessary between meetings of the Forum.
Technical Unit
The Technical Unit is the permanent Secretariat of the Mechanism and provides managerial, technical, scientific and administrative support to the Mechanism. The functions of the Technical Unit are, inter alia, to:
(a) provide technical, consultative and advisory services to member States in the development, assessment, management and conservation of marine and other aquatic resources and, on request, in the discharge of any obligations arising from bilateral and other international instruments;
(b) support and enhance the institutional capacity of Member States in fisheries’ areas such as, inter alia, policy formulation; registration and licensing systems; information management; and harvest and post-harvest technologies;
(c) encourage, support and, as appropriate, provide effective regional representation at relevant international fora;
(d) collect and provide relevant data on fisheries resources, including sharing, pooling and information exchange;
(e) promote the conduct of trade in fish and fish products according to applicable agreements;
(f) carry out certain administrative and executive functions, including acting as the central co-ordinating body for the Mechanism and serving as the Secretariat, coordinating with other bodies, etc.
Decision-making
Each member has one vote in each of the deliberative organs of the Mechanism, as
does each associate member in respect of matters for which it is eligible to
vote. The member States may vote in any organ or sub-committee of the Mechanism;
associate members may participate in discussions in the Forum and its
Sub-Committees but are eligible to vote only where decisions are being taken on
management regimes to which they are parties or concerning fisheries which they
share with other member States.
Unless otherwise provided, decisions of the deliberative organs of the Mechanism
shall be reached by consensus. In the absence of consensus decisions shall be
deemed adopted, if supported by a qualified majority of three-quarters (¾) of
the member States comprising the Mechanism.
Settlement of disputes
Questions concerning the interpretation or application of the Agreement are to be submitted in the first place to the Ministerial Council for decision. Where the Ministerial Council gives a decision under this procedure, any member State may then require that the question be referred to an arbitral tribunal whose decision is final. Under the agreement, the arbitral tribunal is to consist of three persons, one arbitrator appointed by each of the parties to the dispute and a third appointed by the two initially appointed. The tribunal may establish its own rules of procedure, but the procedures must ensure at least one hearing before the tribunal, as well as the opportunity to provide initial and rebuttal written submissions, and the tribunal’s hearings, deliberations and initial report, and all written submissions to and communications with it, are confidential.
Main provisions and functions
The principal function of the Agreement is the establishment of the Caribbean Regional Fisheries Mechanism, with each of the constituent bodies carrying out the specific functions prescribed for them. These functions may be summarized as follows:
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providing technical and advisory services to member States in the development, assessment, management and conservation of fisheries resources, and in the implementation of bilateral and international instruments, |
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facilitating the management, conservation and development of shared fisheries resources of the Caribbean region either through attainment of competence over the resources or through cooperation with competent fishery institutions, |
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supporting the institutional capabilities of member States in a wide-range of areas, including: policy formulation; registration and licensing systems; information management; resource monitoring, assessment and management; monitoring, control and surveillance; and harvest and post-harvest technologies, |
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developing and maintaining relations with national, regional and international agencies, and organizations organizations that have an impact on the fisheries within the region, |
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promoting and supporting programmes to establish, facilitate and strengthen research |
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promoting and encouraging technical cooperation, information exchange and networking among States |
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promoting and facilitating human resource training and development, and |
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promoting and facilitating the development of aquaculture. |
In pursuance of its objectives, the Mechanism is to be guided by a number of general principles which include: maintaining biodiversity in the marine environment; managing fishing capacity and fishing methods; encouraging the use of precautionary approaches; promoting awareness of responsible fisheries; and according due recognition to the contribution of small scale and industrial fisheries to employment, income and food security.
When the CRFM was being developed, the CARICOM Fisheries Unit,
in its 2002 Strategic Plan for the
Caribbean Regional Fisheries Mechanism, the participating countries agreed upon
nine priority areas: (1) research and data analysis to support policy
formulation and decision-making; (2) preparation for global competitiveness; (3)
resources assessment and management; (4) human resource development and
institutional strengthening; (5) strengthening of fishers’ organizations and
improved community participation; (6) promotion of the expansion and utilization
of unutilized and under-utilized aquatic resources; (7) development and
promotion of aquaculture; (8) development and promotion of risk reduction
programmes for fishers; and (9) development and promotion of programs for
conflict resolution among multiple users in coastal zones.
| Further information and references |
- Internet sources
- Bibliographic references
M.O. Haughton, R. Mahon, P. McConney, G.A. Kong, A. Mills, 'Establishment of the Caribbean Regional Fisheries Mechanism' 28 Marine Policy 351–359 (2004)