IMO Legal Framework in the Fishing Sector

image

The IMO legal framework concerns the safety and security of fishing vessels and fishing vessel personnel, as well as environmental protection.  

Cape Town Agreement  

The Torremolinos International Convention for the Safety of Fishing Vessels, 1977, and its subsequent Protocol of 1993 were adopted as mandatory instruments to create international standards for fishing vessel safety. However, neither have entered into force despite a significant effort made by the Organization. To overcome difficulties in the ratification, a new agreement was proposed that would eliminate issues encountered by a number of States with substantial fishing fleets. After five years of intensive discussion and preparation at IMO, the Cape Town Agreement was adopted in 2012 for the implementation of the provisions of the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977.

Relevant resolutions to promote the entry into force of the Cape Town Agreement: 

  • resolution MSC.364(92) on the Procedure for calculating the number of fishing vessels of each contracting State to the Cape Town Agreement of 2012 on the implementation of the provisions of the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977, by the depositary; 
  • resolution A.1086(28) on Entry into force and implementation of the 2012 Cape Town Agreement; and
  • resolution A.1107(29) on Entry into force and implementation of the 2012 Cape Town Agreement. 

On 24 February 2026, Argentina's accession completed the requirements for entry into force. The Cape Town Agreement will now enter into force in February 2027, closing a longstanding gap in the global maritime safety framework. 

The Agreement sets out mandatory safety standards for more than 45,000 fishing vessels of 24 metres in length and over (according to FAO data), helping to prevent casualties, improve working conditions for fishers, enhance competitiveness and protect the marine environment. It is a culmination of decades of work by the IMO and represents the fourth pillar in global fishing vessel safety:

  1. International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), 1995 (entered into force in 2012)
  2. Food and Agriculture Organization of the United Nations (FAO) Agreement on Port State Measures to Prevent, Deter, and Eliminate Illegal, Unreported, and Unregulated Fishing, or the PSMA in order to ensure that catch is legal (entered into force in 2016);
  3. ILO Work in Fishing Convention (C188) to improve the working conditions for crews (entered into force in 2017); and
  4. Cape Town Agreement of 2012 (entering into force in 2027).

STCW-F Convention of 1995  

The International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995 (STCW-F 1995), which entered into force on 29 September 2012, sets the certification and minimum training requirements for crews of seagoing fishing vessels of 24 metres in length and above. Fishing vessels, while in the port of another Party, are subject to port State control inspections to verify that personnel on board are certified. 

Voluntary instruments developed jointly by FAO, ILO and IMO  

FAO, ILO and IMO have collaborated in developing a number of voluntary instruments, that provide information on the design, construction, and equipment of fishing vessels and, training and protection of the crews of fishing vessels with a view to promoting the safety of the vessel and safety and health of the crews. These include:

  • The FAO/ILO/IMO Document for Guidance on Training and Certification of Fishing Vessel Personnel takes account of the conventions and recommendations;

  • Code of Safety for Fishermen and Fishing Vessels, 2005, parts A and B;

  • Voluntary Guidelines for the Design, Construction and Equipment of Small Fishing Vessels, 2005; 

  • Safety Recommendations for Decked Fishing Vessels of Less than 12 Metres in Length and Undecked Fishing Vessels; and 

  • Implementation Guidelines on Part B of the Code, the Voluntary Guidelines and the Safety Recommendations. 

IMO ship identification number scheme

The Organization extended the application of the IMO Ship Identification Number Scheme to include fishing vessels (resolutions A.1078(28), A.1117 (30) and A.1215(34)). The amendment was co-sponsored by FAO, together with a number of IMO Member States and NGOs, enabling the IMO Number to be used as the Unique Vessel Identifier for the FAO Global Record for fishing vessels. For more information about the IMO ship identification number scheme, please click here. 


Environmental protection

MARPOL Annex V and London Convention and Protocol (LC/LP) 

There is a link between maritime safety, marine pollution and IUU fishing. Abandoned, lost or otherwise discarded fishing gear can become a navigational hazard, as well as being a source of marine litter.

The revised MARPOL Annex V prohibits the discharge of all types of garbage into the sea from ships (regulation 3.1), except as provided otherwise. The discharge of plastics, including but not limited to synthetic ropes, synthetic fishing nets, plastic garbage bags and incinerator ashes from plastic products, is prohibited at all times, except in case of regulations 3.2 and 7.1 of the MARPOL Annex V. 

The 1972 London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (‘London Convention’ or ‘LC’), and its 1996 Protocol (‘London Protocol’ or ‘LP’), regulate the dumping of wastes at sea. The disposal of plastics at sea is in effect prohibited under both the Convention and Protocol (although the regime is stricter under the more recently adopted Protocol). Under the Protocol all dumping is prohibited, except for the eight waste types, as described in the Protocol, which may be considered for dumping at sea provided a permit is granted by the competent authorities following an environmental assessment process.  

The London Convention and Protocol are also addressing the issue of the disposal of fibreglass vessels, which are often used as fishing vessels, following concerns raised by delegations, in particular, from the Pacific Islands region. 

Under the London Convention and Protocol, the issue of abandoned or drifting fish aggregating devices (FADs), as well as polystyrene and Styrofoam buoys used in aquaculture, as sources of marine litter, have also been discussed, noting that source control and best practices are important elements to reduce these problems. To that purpose, Parties to the treaties have been invited to provide information on their possible source control options to reduce discarded FADs. 

IMO’s action plan to address marine plastic litter from ships  

In recognizing the ongoing problem of marine plastic pollution, IMO adopted the Action Plan to address marine plastic litter from ships (resolution MEPC.310(73)), on 26 October 2018The Action Plan is part of the Organization's commitment to support the implementation of the 2030 Agenda for Sustainable Development and in particular the Sustainable Development Goal (SDG) 14 (not least target SDG 14.1, addressing marine litter/plastics), thereby contributing to the global solution for preventing marine plastic litter from entering the oceans through ship-based activities.