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| FAO Code of Conduct for Responsible Fisheries | ||||||
|
Link
to text of agreement
Status of agreement
| Basic information |
| Date of adoption | 31 October 1995 |
| Place of adoption | Rome, Italy |
| Entry into force | n/a |
| Authentic text(s) | English |
| Summary of instrument |
On 31 October 1995, at it's twenty-eighth session, the Conference of the FAO adopted, by consensus, the Code of Conduct for Responsible Fisheries. It was the culmination of two years negotiation and the result of five formal meetings, principally in the form of technical consultations. The Code, which is voluntary, aims, inter alia, to establish principles for responsible fishing, in accordance with the relevant rules of international law, and to serve as an instrument of reference to help states establish or improve the legal, institutional and managerial arrangements required for responsible and sustainable fishing. It applies globally to all fisheries, including fisheries within the EEZ and the territorial sea as well as those on the high seas and to all stages of the fishing process, including capture and post-harvest production and trade.
The Code is not intended to be
a static instrument. It is
anticipated that the Code may be revised by FAO competent bodies as well as
by States and organizations adopting parts of the Code and that parts of the
Code may be formalized through the adoption of binding agreements implementing
specific aspects. In these regards, it
should be noted that FAO has started developing a series of International Plans
of Action, within the framework of the Code, on specific aspects of responsible
fishing, as well as a series of technical guidelines on implementing the Code,
and that in 1993 the
Agreement
to Promote Compliance with International Conservation and Management
Measures by Fishing Vessels on the High Seas
was adopted as a legally binding agreement designed to be an integral part
of the Code (despite being adopted before it). That agreement entered into force
in April 2003.
The general principles on which the Code is based are set out extensively in
Article 6, which serves as an introduction to the substantive provisions of the
Code and anticipates much of what is contained in them. There are seven
substantive articles, each dealing with a separate aspect of fisheries
conservation and management. Each article is intended to be capable of being
free-standing and capable of further elaboration (for example in the technical
guidelines or subsequent instruments, referred to above). The issues dealt with
are as follows:
Fisheries Management
Article 7 on fisheries management contains many
important subheadings concerning management objectives, management framework and
procedures, data gathering and management advice, the precautionary approach,
capacity management measures, implementation and financial institutions. The
general objective of this Article is to lay down a framework from which States
and all those engaged in fisheries management can adopt, through appropriate
policy, legal and institutional frameworks, measures for the long-term
conservation and sustainable use of fisheries resources. To this end, the Code
recommends the full implementation of measures envisaged in instruments such as
the LOS Convention and the
UN
Fish Stocks Agreement and encourages the establishment
of effective measures for monitoring, control, surveillance and enforcement.
Fisheries management measures should, inter alia, according to the
Code, provide for the avoidance of excess fishing capacity, protect the
biodiversity of aquatic habitats and ecosystems, restore depleted stocks or
allow them to recover and avoid adverse environmental impacts. The application
of the precautionary approach, including the establishment of biological
reference points, is stressed, as is the
need for fisheries management to be based on effective data.
Fishing Operations
Article 8 deals with fisheries operations and
it has provisions on the duties of flag states and port states, as well as
provisions on harbours, protection of the environment and the abandonment of
structures and reefs. The overall objective of this article is to promote a
framework that would encourage the sustainable development, foster protection of
the aquatic environment and the maintenance of biodiversity while making a
significant contribution to the safety of fishing operations. Flag states are
encouraged to ensure compliance with appropriate safety requirements as well as
to promote access to insurance coverage for fishing vessels. Port States are to
provide safe and environmentally sound harbours and landing places.
Aquaculture
Article 9 contains provisions on aquaculture
development (which includes both aquaculture and culture based fisheries). The
Code urges States to establish a framework for promoting responsible aquaculture
development, including initiating regular oversight and review to ensure minimal
adverse impacts and ecological change. States should implement international
codes of practice to ensure genetic diversity of the farm stocks and prevent
introduction of non-native species.
Coastal Area Management
The Integration of Fisheries into Coastal Management, covered in Article 10, contains provisions relating to institutional framework, policy measures, regional cooperation and implementation. The Code calls for the promotion of the precautionary approach for coastal area management and stresses the need to take into account the fragility of coastal ecosystems, the need to consult those involved in the use of resources, the need to value coastal resources, the need to promote public awareness and the need for the exchange of information.
Post-Harvest Practices and Trade
Article 11 deals with post-harvest practices
and trade and has provisions dealing with responsible use of fish including
measures to protect consumer health, responsible international trade and laws
and regulations relating to fish trade.
Fisheries Research
Article 12 deals with fisheries research. It stresses the importance to responsible fisheries of the availability of a sound scientific basis to decisions concerning fisheries management.
| Further information and references |
- Internet sources
- Bibliographic references
P. D. Dalton, ‘Implementing the International Code of Conduct for Responsible Fisheries’ in M. H. Nordquist and J. N. Moore (eds.), Current Fisheries Issues and the Food and Agriculture Organization of the United Nations, (The Hague: Kluwer Law International, 2000)
D. Doulman, ‘Code of Conduct for Responsible Fisheries: Development and Implementation Considerations’ in M. H. Nordquist and J. N. Moore (eds.), Current Fisheries Issues and the Food and Agriculture Organization of the United Nations, (The Hague: Kluwer Law International, 2000)
W. Edeson, ‘The Code of Conduct for Responsible Fisheries: An Introduction’, (1996) 11 IJMCL 233
G. Moore, ‘The Code of Conduct for Responsible Fisheries’ in E. Hey (ed.), Developments in International Fisheries Law, (The Hague: Kluwer Law International, 1999)
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