Proposal on Legal Advisory Consultant of NPFC

In 2023, FAC05 discussed the necessity of a legal advisor based on the Working Paper prepared by the Secretariat (NPFC-2023-FAC05-WP13) but failed to reach an agreement. The Republic of Korea firmly believes that there are distinct advantages to the Commission having an independent legal advisor. We observe other RFMOs, including the WCPFC, effectively employing their own legal advisory consultants. 

As the NPFC continues to progress, the workloads for both the Member States and the Secretariat are on the rise. Due to the complexities and ambiguities of some provisions of the conservation and management measures, the Secretariat is occasionally sought for advice on the interpretation of the NPFC provisions. However, they are unable to provide such interpretations as they are not in the position to do so. Legal advisory will also add value to the Secretariat’s work regarding intersessional review of IUU vessel delisting, as IUU vessel listing/delisting is the Commission’s collective action that can create significant issues for vessel owners and thus the Secretariat will need to ensure that any relevant step they take is appropriate and properly and effectively representing the Members. As such, the Commission can receive better support from the Secretariat if independent advice is sought on legally sensitive matters, particularly since much of the Commission's work is initially processed by the Secretariat before being considered by the Members. 

Moreover, discussions sometimes become entangled due to diverse interpretations of the NPFC provisions, particularly in the context of compliance and implementation. Therefore, independent legal advice from an expert with rich knowledge and experience in international fisheries laws would help us find reasonable solutions when our discussions are hindered by differing views