Regional Cooperation Protocol on Fisheries Management and Aquaculture in the Red Sea and Gulf of Aden

Show Law Preamble
  • By the grace of Almighty God

  • We, Salman bin Abdulaziz Al Saud

  • King of the Kingdom of Saudi Arabia

  • Based on Article (Seventy) of the Basic Law of Governance, issued by Royal Order No. (A/90) dated 27/8/1412 AH.

  • Based on Article (Twenty) of the Council of Ministers Law, issued by Royal Order No. (A/13) dated 3/3/1414 AH.

  • Based on Article (Eighteen) of the Shura Council Law, issued by Royal Order No. (A/91) dated 27/8/1412 AH.

  • After reviewing Shura Council Decision No. (31/314) dated 22/11/1446 AH.

  • After reviewing Council of Ministers Decision No. (186) dated 10/3/1447 AH.

  • We have decreed the following:

  • First: Approval of the Regional Cooperation Protocol on Fisheries Management and Marine Aquaculture in the Red Sea and Gulf of Aden, signed in the Hashemite Kingdom of Jordan on 21/8/1446 AH, in the attached form.

  • Second: His Highness the Prime Minister, the Ministers, and the heads of the concerned independent authorities - each within their jurisdiction - shall implement this Royal Decree.

  • Salman bin Abdulaziz Al Saud

  • The Council of Ministers

  • After reviewing the correspondence received from the Royal Court No. 87679 dated 28/11/1446 AH, including the telegram of His Excellency the Minister of Environment, Water, and Agriculture No. 11074771 dated 8/9/1446 AH, regarding the signed final version of the draft Regional Cooperation Protocol on Fisheries Management and Marine Aquaculture in the Red Sea and Gulf of Aden.

  • After reviewing the aforementioned final version.

  • After reviewing the Regional Agreement for the Protection of the Environment of the Red Sea and Gulf of Aden, approved by Royal Decree No. (M/51) dated 3/9/1405 AH.

  • After reviewing Council of Ministers Decision No. (29) dated 10/1/1446 AH.

  • After reviewing Memorandum No. (3526) dated 26/10/1446 AH, prepared by the Bureau of Experts at the Council of Ministers.

  • After considering Shura Council Decision No. (31/314) dated 22/11/1446 AH.

  • After reviewing the recommendation of the General Committee of the Council of Ministers No. (1715) dated 17/2/1447 AH.

  • It is decided as follows:

  • First: Approval of the Regional Cooperation Protocol on Fisheries Management and Marine Aquaculture in the Red Sea and Gulf of Aden, signed in the Hashemite Kingdom of Jordan on 21/8/1446 AH, in the attached form.

  • A draft Royal Decree has been prepared accordingly, its text is attached hereto.

  • Second: The Ministry of Environment, Water, and Agriculture - after completing the legal procedures regarding the matter stated in item (First) of this decision - shall coordinate with the General Secretariat of the Regional Commission for the Conservation of the Environment of the Red Sea and Gulf of Aden to make the necessary amendments - as deemed appropriate - to the following:

    • 1- The term (its extent), mentioned in the definition of (Illegal Fishing) in the protocol - referred to in item (First) of this decision - to be changed to (capacity).

    • 2- Article (Three) of the protocol - referred to in item (First) of this decision - to be in accordance with the text stated in paragraph (2) of item (First) of Council of Ministers Decision No. (29) dated 10/1/1446 AH.

    • 3- To submit regarding the matters mentioned in paragraphs (1) and (2) of this item, to complete the legal procedures.

  • Prime Minister

Preamble

  • The Governments of:

    • The Hashemite Kingdom of Jordan.

    • The Republic of Djibouti.

    • The Kingdom of Saudi Arabia.

    • The Republic of Sudan.

    • The Federal Republic of Somalia.

    • The Arab Republic of Egypt.

    • The Republic of Yemen.

  • As parties to the Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment, concluded in the city of Jeddah on 21 Rabi' al-Thani 1402 AH corresponding to 14 February 1982 AD, and its annexed protocols, hereinafter referred to as the Convention.

  • Recognizing the ongoing pressures on living marine resources and their ecosystems in the region and elsewhere, resulting from overfishing and environmental pressures from human activities and other factors, which may lead to the degradation of living marine resources unless effective measures are taken in cooperation with each other to address and reduce these pressures;

  • Acknowledging that the management of fisheries and sustainable aquaculture industry in all its activities should support the conservation of the quality, diversity, and abundance of fishery resources, and that administrative measures must take into account the integrity of the ecosystem as a whole;

  • Emphasizing the importance of fisheries and sustainable aquaculture industry in all its activities for food security, especially small-scale traditional fisheries that provide livelihoods and income for those working in the fishing sector in the region;

  • Also emphasizing the importance of protecting living marine resources and their ecosystems, and developing them as a natural and cultural heritage in the region, particularly through responsible fishing and sustainable aquaculture industry in all its activities that consider protection and conservation measures at the national and regional levels, to ensure that these measures are comprehensively applied; through general protection programs, and biosecurity programs and applications in particular;

  • Considering the principles adopted by international conventions and initiatives, especially the United Nations Convention on the Law of the Sea (1982), the Rio Declaration on Environment and Development and Agenda 21 (1992), the International Convention on Biological Diversity (1992), the Code of Conduct for Responsible Fisheries issued by the Food and Agriculture Organization of the United Nations (1995), as well as the principles and obligations adopted by the States in the Jeddah Convention (1982), the Protocol on the Conservation of Biological Diversity and the Establishment of a Network of Protected Areas in the Red Sea and Gulf of Aden (2005), and the Protocol on the Protection of the Marine Environment from Land-Based Activities in the Red Sea and Gulf of Aden (2005);

  • Recognizing that the adoption and ratification of this Protocol will result in many benefits at the national, regional, and international levels, including the sustainable management of fishery resources and marine aquaculture in the region; the conservation of endemic and migratory species, and animal and plant species of regional and international importance; reducing loss and degradation of coastal and marine ecosystems; improving social and economic development and food security through the sustainable use of coastal and marine resources, including fisheries and other uses; facilitating the development and implementation of effective administrative measures for fisheries and aquaculture; assisting the regional states in fulfilling their obligations under relevant international conventions to which they are parties, and cooperating with other regions that have adopted similar conventions; strengthening regional cooperation, especially regarding issues that naturally transcend borders; and establishing mechanisms for public awareness and education and promoting scientific research;

  • Have agreed as follows:

Part 1: (General Provisions)

Article 1: Objectives

1- Cooperation in achieving sustainable management of living marine resources, protecting, preserving, and developing them, and integrating their habitats and biodiversity within the Authority's jurisdiction, in order to achieve ecosystem prosperity and economic well-being for current and future generations in the region.

2- Cooperation in developing and implementing administrative, technical, and guidance principles and measures for responsible fishing and responsible aquaculture of marine organisms in the region, taking into account all biological, technological, economic, social, and environmental aspects, which also include regulations, programs, and biosecurity applications that ensure the health and safety of aquatic organisms in general and farmed ones in particular.

Article 2: Use of Terminology

Previous Amendments
  • For the purposes of this Protocol, the following terms and expressions shall have the meanings set forth below unless otherwise stated:

  • 1-Port State Measures: The requirements imposed by port states, or interventions taken by port states, which foreign fishing vessels must comply with, or which are applied to them as a condition for using the ports within the port state.

  • 2- Protocol: The Regional Cooperation Protocol on Fisheries Management and Marine Aquaculture in the Red Sea and Gulf of Aden.

  • 3- Authority: The Regional Agency for the Conservation of the Environment of the Red Sea and Gulf of Aden.

  • 4- Contracting Parties: Means the parties ratifying this Protocol.

  • 5- Agreement: The Regional Agreement for the Conservation of the Environment of the Red Sea and Gulf of Aden of 1982.

  • 6- Council: Means the Council of the Authority.

  • 7- Competent Authority: Means the entity designated by each state to undertake the responsibility of coordination for the implementation of this Protocol.

  • 8- Biodiversity: Means the variability among living organisms from all sources, including terrestrial, marine, and aquatic ecosystems and the ecological complexes of which they are part, among other things; this includes diversity within species, between species, and of ecosystems.

  • 9- Habitat: Means the place or type of site where an organism or group naturally occurs.

  • 10- Broodstock: Broodstock fish.

  • 11- Ghost Fishing: Unobserved fishing resulting from lost and abandoned fishing gear in the sea.

  • 12- Internal Waters: Means waters landward of the baseline of a maritime area forming part of the internal waters of the state.

  • 13- Protected Area: Means a geographically defined coastal and marine area or islands classified, regulated, and managed to achieve specific objectives related to the protection of biodiversity and its habitats.

  • 14-Biological Resources: Includes genetic resources, organisms or parts thereof, or any other animal or plant elements of ecosystems that have actual or potential value to humanity.

  • 15- Biotechnology: Means any technological application that uses biological systems, living organisms, or derivatives thereof to make or modify products or processes for specific uses.

  • 16- Carrying Capacity: Means the ability of an ecosystem to withstand human activities, according to physical, environmental, and socio-economic standards.

  • 17- Ecosystem: Means a biological community of groups of microscopic, plant, and animal organisms interacting with their non-living environment as an ecological unit.

  • 18- Endemic Species: Means species believed to exist only within a specific geographical territorial range.

  • 19- Alien Species: Means species or subspecies introduced into an area outside their natural past or present distribution range.

  • 20- Threatened Species: Means any biological group whose survival is threatened by human activities or other factors. It is a comprehensive term that includes the following classifications established by the International Union for Conservation of Nature:

    • - Critically Endangered Species: Species facing extremely high levels of risk of extinction in the wild.

    • - Endangered Species: Species facing very high levels of risk of extinction in the wild.

    • - Vulnerable Species: Species facing high levels of risk of extinction in the wild.

  • 21- Sustainable Use: Means the use of biodiversity elements in a manner and at a rate that does not lead to long-term decline of this diversity, thereby maintaining its ability to meet the needs and aspirations of present and future generations.

  • 22- Illegal Fishing Means activities that:

    • A- Are carried out by national or foreign vessels in the waters of the state without authorization from that state, or in violation of its laws and regulations; or

    • B- Are conducted by vessels flying the flag of states party to a relevant Regional Fisheries Management Organization but are inconsistent with conservation and management measures adopted by that organization and binding on the states, or relevant applicable international law;

    • C- Are inconsistent with national laws or international obligations including obligations the state has entered into with cooperating states under the relevant regional organization.

  • 23- Unreported Fishing Means fishing activities that:

    • A- Have not been reported or have been misreported to the national authority, contrary to national laws and regulations; or

    • B- Are conducted in the area of application of a relevant Regional Fisheries Management Organization without reporting or with misreporting, contrary to the reporting regulations of that organization.

  • 24- Unregulated Fishing Means fishing activities that:

    • A- Are conducted in the area of application of a relevant Regional Fisheries Management Organization by vessels without nationality or flying the flag of a non-member state of the organization, or by fishing entities in a manner inconsistent with the conservation and management measures of that organization; or

    • B- Are not subject to conservation or management measures where the fishing activities are conducted in a manner inconsistent with the state's responsibility under international law regarding the conservation of living resources.

  • 25- Responsible Fishing/Responsible Marine Aquaculture: According to the Cancun Declaration 1992, the principle of responsible fishing and responsible marine aquaculture includes the sustainable use of fishery resources compatible with environmental conservation, following fishing and aquaculture practices that do not harm the ecosystem, resources, or their quality, adding value to such products through processing to meet required quality specifications, and commercial practices that provide consumers access to high-quality products.

  • 26- Overfishing: The process of fishing at a rate exceeding the ability of species communities to replenish their stocks through natural reproduction.

Article 3: Scope of Application

Previous Amendments

The protocol includes the marine areas outlined in the Regional Agreement for the Conservation of the Red Sea and Gulf of Aden Environment, in addition to the coastal terrestrial areas and salt flats connected to the sea, as well as any coastal terrestrial areas designated by the contracting parties. The contracting parties that have internal marine waters within their land territory shall take into account, within their national management, what is consistent with the provisions of this protocol.

Article 4: General Obligations

  • The contracting parties undertake to take all possible measures in order to:

  • i- Adopt strategies, policies, and management plans for responsible fishing and sustainable aquaculture, preserve and develop living marine resources; and regulate the health, safety, and quality of farmed and caught aquatic organisms.

  • ii- Ensure that sustainable fisheries and aquaculture management plans and decisions are based on the best available scientific information and knowledge, and in consultation with stakeholders;

  • iii- Apply the precautionary approach in the management and exploitation of living marine resources and their conservation, considering that the lack of sufficient scientific information should not be used as a justification for failing to take measures to conserve species and ecosystem integrity;

  • iv- Facilitate the adoption of the ecosystem approach in fisheries and marine aquaculture management;

  • v- Protect and properly manage biodiversity and critical habitats of marine organisms, especially threatened species, and conserve them;

  • vi- Prevent overfishing and all illegal fishing gear such as the use of dynamite, poisons, and other similar methods in accordance with the national legislations applicable in each state;

  • vii- Combat illegal, unreported, and unregulated fishing;

  • viii- Implement effective measures for monitoring, control, and surveillance in fisheries and aquaculture management;

  • ix- Adopt a comprehensive approach to environmental impact assessments and biosecurity programs for aquaculture to determine the suitability of marine aquaculture operations and proposed fisheries infrastructure projects, assess their impacts on coastal and marine biodiversity, and promote technologies that reduce negative environmental impacts and enhance biosecurity levels;

  • x- Monitor and control all forms of pollution that may result from fishing and aquaculture activities that could affect habitats and species through biosecurity programs and their applications.

  • xi- Responsible management of small-scale traditional fishing for subsistence and livelihood, and its appropriate development;

  • xii- Identify the competent authorities responsible for fulfilling the obligations and duties set forth in this protocol.

Part 2: (Regional Data, Statistics, and Information)

(Article 5): Catch Statistics and Fishing Effort

1- The contracting parties shall work to ensure the collection of synchronized, periodic, reliable, and comprehensive statistics on the catch and fishing effort in accordance with accepted standards and methods, with details that allow for meaningful statistical analyses, and provide them to the Authority in accordance with the agreed information confidentiality procedures and requirements.

2- To ensure the sustainable management of fisheries and achieve social and economic development goals, the contracting parties shall work to ensure the provision of sufficient knowledge about social, economic, and institutional factors through the collection of socio-economic data and studies.

3- The Authority undertakes to compile the data it receives from the member states and make that data available simultaneously to the member states and other interested parties in accordance with the agreed information confidentiality procedures and requirements and the agreed presentation method among the contracting parties.

Article 6: Species Lists

The contracting parties shall provide basic and/or periodic lists of commercial marine fish species and/or species of local and cultural significance and/or other exploited species regulated by this protocol, as well as threatened species - where applicable - in accordance with recognized international standards if necessary and as stated in the Regional Protocol for the Conservation of Biological Diversity and the Establishment of Protected Areas in the Red Sea and Gulf of Aden (2005). These lists, which constitute Annexes I and II of the Regional Protocol for the Conservation of Biological Diversity and the Establishment of Protected Areas in the Red Sea and Gulf of Aden (2005), must also indicate the status of fish stock communities and special measures for the recovery of degraded stocks where possible.

Next section title

Next section content