ANNEX 4
STATUS OF NATIONAL POLICY PROVISION AND IMPLEMENTATION IN RELATION TO DRAFT CODE OF CONDUCT ARTICLES 6 – 11

Table A4/1. Status of national policy provision and implementation in relation to Draft Code of Conduct Article 6 -- Fisheries Management

Article 6 (‘Fisheries management’) provision	Provision tinder national policy/ policy instrument	Provision in practice	Remarks
6.1 General
6.1.1 ‘Appropriate policy legal & institutional framework to ensure resource sustainablity at levels which allow optimal use…’	Commitment in principle (SMW 1993, 1994a, 1994b, 1995); provisions Law 14 & supplements.	Inadequate information base & monitoring, control, surveillance & enforcement existing regulations.	Comprehensive review of policy legal & institutional framework needed, with view towards strengthening compliance with this provision (SMW Plan/Follow-up Dept, lead role).
6.1.2 ‘Conservation & management measures…based on long-term objectives…short term considerations should not compromise these objectives.’	As above.	As above.	As above.
6.1.3 ‘Within waters under national jurisdiction…identify & consult with all parties interested in …use…resources…gain collaboration to ensure fishing carried out in responsible manner.’ (Provision pending)	Broad-based participation through People's Committee system . Local cooperatives also encouraged as fora -- Law 23 (see Annex 3). Fisher associations (Nakhaba) have been encouraged in past.	Annual SMW sector report subject to review, comments by People's Committees. Effectiveness existing mechanisms not clear. Nakhaba are often inactive, marginally active.	Mechanisms & implementation modalities in need of thorough review, in order to broaden, deepen the participation, consultation between all parties concerned, especially user groups & technical agency personnel (SMW Plan/ Follow-up Dept., lead role).
6.1.4 ‘Cooperation to establish effective conservation & management of resources where no appropriate regional organisation exists…’	N/A - multiple regional organisations for Mediterranean basin.	N/A	N/A
6.1.5 ‘…afford …representatives from intergovernmental and non-governmental organizations …opportunity to participate in meetings on fisheries management as observers or otherwise, as appropriate, to ensure transparency in decision-making mechanisms.’	See 6.1.3 above. No explicit provisions.	See 6.1.3 above. Also opportunities provided through various workshops organised under Project LIBFISH.	Mechanisms & implementation modalities in need of thorough review, overhaul, with view toward achieving compliance (SMW Plan/Follow-up Dept, lead role).
6.1.6 ‘…establish …effective mechanisms for fisheries monitoring, surveillance, control and enforcement to ensure compliance with conservation and management measures.’ (Provision pending)	Law 14 & its Rules generally. Plans for fisheries patrol boats.	Inadequate implementation standing laws, regulations generally.	Comprehensive review, overhaul of SMW MCS capabilities, compliance mechanisms indicated (SMW Dept. Marine Protect.).
6.1.7 ‘States …fishing … resources on the high seas should give effect to their duty to cooperate by participating in the work of the [relevant regional/sub-regional] fisheries management authority.	Implicit commitment as member/observer state.	Participation in GFCM, ICCAT (inconsistent).	Participation not regular or full; could be considerably strengthened.
6.1.8 ‘Where …State is not a member [of above authority]…still under the obligation to give effect to ….measures concerning …conservation & management…regulated stock or stocks adopted by that authority.’	Not explicit.	Not reviewed.	Not reviewed.
6.1.9 ‘As a precondition…ensuring…effectiveness of conservation & management measures, States should give priority to reduce overharvest & overcapacity to …level …fishing effort commensurate with the sustainable utilization of fisheries resources.’	Commitment in principle (SMW 1993, 1994a, 1994b, 1995).	Possible overcapacity.	Inadequate information base. Investigations indicated (SMW Depts. of Prod. & Mkting, Marine Protect., Plan/Follow-up).
6.1.10 ‘Regional ….management organisations…ensure effective dissemination, explanations legal rules to resource users…’	N/A -- regional organisation responsibility.	N/A	N/A
6.2 Management objectives
6.2.1 ‘Recognizing …long term sustainability …[as overriding conservation/management] objective, States…should…adopt appropriate measures designed to maintain or restore stocks at levels capable of producing maximum sustainable yield, as qualified by relevant environmental and economic factors…’	Commitment in principle (SMW 1993, 1994a, 1994b, 1995).	Catch assessment survey mechanism not in place. In adequate data collection, information base, regular research/ monitoring system.	Stock assessment information not complete Trawl survey work 1993/94 provides preliminary indication full exploitation trawlable stock western portion (LIBFISH reports)
6.2.2 ‘States…ensure … long-term management objectives…set to provide a high probability that, inter alia overcapitalization is avoided and exploitation of the stocks remains economically viable; the economic conditions under which fishing industries operate, promote responsible fisheries; biodiversity of aquatic habitats and ecosystems is conserved; depleted stocks are allowed to recover, or are actively restored where appropriate; adverse environmental impacts on …resources from human activities are assessed and corrected; and waste, by-catch and discards in fisheries are progressively reduced and avoided as far as practicable.’	Commitment in principle (SMW 1993, 1994a. 1994b, 1995), except overcapitalization, environmental restoration issues not explicitly addressed. Past policy has fostered rapid capitalization, exapansion of fleet capacity & fishing effort (SMW Decision No. 88/1988 provides enabling procedures). Law 14 Rules, Item 36 authorises MBRC role on stock impact determinations.	Generally not attended due lack adequate information, research/monitoring studies, & effective enforcement. Possibly serious overcapitalisation arising from period rapid capacity expansion harvest post-harvest areas. General lack good post-harvest handling practices.	Fundamental strategy review indicated some move towards which evident. Role of MBRC critical here but Centre not staffed/equipped to fully perform as mandated. Pollution, habitat degradation problems extreme some areas coast - see Annex 1 notes. (SMW Depts Plan/ Follow-up, Marine Protect, MBRC).
6.2.3 ‘…monitor activities other than fishing which affect aquatic environment…ensure they do not compromise [fisheries objectives].’.	Implicit commitment. Law 14 Rules, Item 3 and vessel license standing instructions refer.	Little/no evidence effective implementation.	Severe pollution, coastal/nearshore zone habitat destruction apparent numerous areas, especially around urban /industrial developments -- see Annex 1 notes. (SMW Dept. Marine Protect., MBRC; Envir. Protect Ctr.).
6.3 Management framework & procedures
6.3.1 ‘…fisheries management…concerned with whole stock unit over…entire area…distribution & take into account all removals. In the case of [straddling stocks]… conservation measures should be harmonized throughout the range of the stock.	Commitment in principle	Generally not attended due lack adequate information, research/monitoring studies, & effective catch assessment survey.	Stock assessment information not complete. especially for eastern zones (LIBFISH reports) Greater involvement GFCM for guideline'. information updates, indicated
6.3.2 ‘[States/fisheries management authorities] should use…best evidence …to determine…geographical extent of …resource …during its life cycle.’	As above.	As above	As above
6.3.3 ‘A …regional fisheries management authority should be consitituted…’	GFCM.	National participation, involvement irregular, follow-up not consistent.	Considerable strengthening participation in GFCM, other regional bodies & fora indicated
6.3.4 ‘States & fisheries management organizations…in consultation with [fisheries resource users]…should translate long-term objectives into management actions, formulated as a fishery management plan or other management framework.’	Commitment in principle.	Management plan/framework not fully elaborated, regularly reviewed/updated.	Closer ties with regional management arrangements Indicated. Comprehensive review, overhaul of SMW MCS capabilities. compliance mechanisms indicated
6.3.5 ‘Fisheries management authorities should foster & promote international cooperation & coordination… including information gathering & exchange, …research, management & development… to promote responsible fisheries.’	Commitment in principle	Follow-up weak, irregular, mostly ad hoc.	Cross linkages with international fisheries organisations, relevant scientific contacts, etc need to be systematically established, maintained.
6.3.6 ‘…States…seeking …action through a non-fishery organization…should consult in advance [with competent regional organization or arrangement]…and take its views into account.’ (Provision pending)	N/A	N/A	Provision relevance unknown/not reviewed
6.4 Management advice & data gathering
6.4.1 ‘…introduction…conservation & management measures should take account…best scientific evidence available to evaluate…likely impacts…’	Commitment in principle, reflected through legislative provisions for MBRC role. Law 14 Rules, Items 7, 36; Law 14 Tech..Appl. Chpt. 6.	Use of technical consultation mechanism weak, inconsistent. MBRC not staffed/equipped to fulfill role effectively.	Considerable room for improvement noted. need to strengthen MBRC research, technical support capabilities. Also need to build maintain linkages other relevant national scientific/technical institutes.
6.4.2 ‘States should promote investigations in support…conservation & management including research on …resources, …climatic, environmental, & socio-economic factors affecting them…disseminate results.’	As above.	Use technical consultation mechanism weak, inconsistent MBRC not staffed/equipped to fulfill role effectively Project LIBFISH sponsorship, outputs.	As above.
6.4.3 ‘…promote analyses ..of…costs, benefits & effects of alternative management options designed to rationalize fishing, in particular to mitigate the problem of overcapitalization and excessive levels of fishing effort.’	As above.	As above	As above
6.4.4 ‘…ensure …collection of timely, complete & reliable statistics on catch & fishing effort in sufficient detail to allow sound statistical analysis, verify the data through an appropriate system, & publish them in a manner consistent with …confidentiality requirements.’	Commitment in principle. Formal channel through SMW Production & Marketing Dept.. Requirements set out Law 14 Rules, Section II & Law 14 Tech.Appl., Item 36. Recent establishment of SMW Information & Documentation Bureau.	No effective fisheries statistics & information system/CAS in place. Annual reports published but data reliability problems.	Comprehensive review of institutional framework needed for compliance this provision, including review/revision reporting procedures, data collection formats (SMW Depts. of Prod. & Mkting, Plan/Follow-up. Info & Data Ctr).
6.4.5 ‘…require …updated information on fishing effort & related catches is maintained in accordance…recognized international standards & practices.’	As above.	As above.	As above
6.4.6 ‘…ensure …sufficient knowledge …social, economic & institutional factors is developed …to facilitate effective management…sustainable fisheries & enable [achievement] social & economic objectives…’	Commitment implicit in MBRC terms of reference.	MBRC not staffed/equipped to fulfill role effectively. Project LIBFISH sponsorship, outputs.	Considerable room for improvement indicated. need to strenghthen MBRC research, technical support capabilities. Institution building Also need to build, maintain linkages other relevant national academic/ scientific/ technical bodies/institutes.
6.4.7 ‘compile …scientific data related to transboundary, straddling and highly migratory stocks …in an internationally agreed format & provide …in timely manner to …relevant fishery management authority.’	Implicit commitment -- involvement GFCM.	Irregular compilations. Inadequate data gathering systems.	Comprehensive review of institutional framework needed for compliance this provision, include, review/revision reporting procedures, data colledtion formats
6.4.8 ‘…management organizations …compile data…make available [timely/agreed format]…to all interested …parties.	N/A - regional organisation responsibility	N/A	N/A
6.5 Precautionary approach
6.5.1 ‘In order to reduce risk of damage to marine environment & living aquatic resources, the precautionary approach should be widely applied.’	Not clearly specified; implied in Chapt 2, Law 14 Tech.Appl.	Provision now all more relevant with results LIBFISH stock assessment work, technical reports to consider	Review situation needed soon in light new information on stock
6.5.2 ‘In applying…take into account…uncertainties with respect…size, productivity & state …stocks, management reference points, levels & distributions …fishing mortality &…impact …fishing activities on associated …species including discard mortality, as well as climatic, environmental, social & economic conditions.’	As above.	As above	Information base in need of substantial expansion & elaboration, including start on building reliable time series data sets
6.5.3 ‘The precautionary approach …based…best scientific evidence available, include all appropriate techniques….Fishery…authorities should be more cautious when information is poor…	As above	Precaution not strongly applied in practice, some neglect in staying current with situation, marshalling evidence	Comprehensive review of strategy & institutional framework needed for compliance this provision Important role for MBRC in seeking compliance but weak means to fulfill it.
6.5.4 ‘When precautionary or limit reference points are approached, measures should be taken… [not to exceed]. …measures… should where possible be prenegotiated. If…exceeded, recovery plans should be implemented….	None known.	Now very relevant time to apply provision, at least for trawl fishery in west.	As above
6.5.5 ‘In… case… new or exploratory fisheries, conservative measures …should be established as soon as possible…& should remain in force until… sufficient data to allow assessment of… long-term sustainability of stocks & associated ecosystems.’	N/A	Could become relevant for proposed exploratory fishing eastern grounds &/or midwater trawling for underutilised species.	As above
6.6 Management measures
6.6.1 ‘As precondition for responsible fisheries, …ensure a level of fishing activities commensurate with the state of fisheries resources by adopting management measures which require that no vessel be allowed to fish unless so authorized. all vessels authorized to fish be properly marked in accordance…international law… & FAO Standard Specifications for the Marking & Identification of Fishing Vessels; the authorization to fish be carried on board vessels at all times; a record of authorized fishing vessels be maintained containing relevant details… data maintained in the record be used to monitor the capacity of the fleets in terms of catch requirements, capital invested & cost of operations. capital invested in fleets & supporting infrastructures & the costs of [their operations]… are in proportion to the value of the yield from the fisheries so… fishers operate under economic conditions that promote responsible fisheries.’	Formal commitment largely provided for in Law 14 & supplements passim -- see Annex 3. Also see for 6.2.2 above.	See for 6.2.2 above. Implementation of measures generally weak, especially with regard to data compilation, analysis, feedback for management plans.	Comprehensive review of strategy legal & institutional framework needed. Major role for MBRC indicated but Centre requires means, staff development. SMW data collection/ statistical analyis & reporting system in need comprehensive revision (SMW Depts. Marine Protect., Prod & Mkting, Plan/Follow-up; MBRC)
6.6.2 ‘…establish mechanisms for reducing capacity to acceptable levels where overcapacity & overcapitalization exist.’	Under consideration -- no formal provisions known, except limitation on foreign fishing (GPC Decision No. 17/1991)..	Nothing in force reducing capacity in domestic fleet, post-harvest infrastructure, except no new action on credit facilities to support craft purchase/import.	Fundamental strategy review/revision indicated.
6.6.3 ‘…examine carefully the performance of all existing fishing gear & practices …to phase out …those …not responsible & replace … with more acceptable alternatives …[giving] …particular attention to the impact of… measures on fishing communities & their access to the resource.’	MBRC responsibility under Item 37, Law 14 Tech.Appl.	No implementation.	Major strengthening MBRC capabilities indicated.
6.6.4 ‘States & fisheries management organizations … aim at recovering expenses for fishery conservation, management & research where & when appropriate & possible.’	Provisions not clear. Law 14 Tech.Appl., Item 15 refers to disposition seized illegal gear for use research/scientific purposes. Provision under Coop Law 23 for fee collection from fishers for social/ provident fund.	Measure not under implementation. Fishing license fees (10 LD annually) and 2% craft purchase value tax go to General Fund, not directly to SMW.	Consideration indicated for establishment of user fee system for industry support research. technical services
6.6.5 ‘…ensure that there are laws for suspension or withdrawal of authorizations to fish in …event …non-compliance with conservation & management measures in force.’	Law 14, Section 6 refers. Also Items 65–66 Law 14 Rules.	Extent implementation not clear, but likely limited owning low levels MCS & enforcement.	Mechanisms & implementation modalities in need review, possible revision.
6.6.6 ‘…authorize fishing in such a way as to avoid the risk of conflict among fishers using different vessels, gear & fishing methods.’	Law 14 Rules, Item 8; Tech.Appl. Items 10–12, 21–22, 24, 28.	Weak implementation.	Comprehensive review of requirements, implementation modalities, compliance mechanisms needed. Frequent complaints by artisanal fisheres re. trawler incursions inshore waters, and widespread use of spearguns. explosives (SMW Dept. Marine Protect.)
6.6.7 ‘…give due recognition… traditional rights… indigenous peoples & local fishing communities highly dependent on fishery resources for their livelihood…’	No specific provision except prohibition contracts foreign owned fishing companies (GCP Decision No. 17/1991).	Involvement of local cooperative & fisher association members in management process, but history conflicts between trawl & inshore fishery operators..	Situation warrants review as interests artisinal fishery may need stronger support.
6.6.8 ‘…consider cost-effectiveness when evaluating alternative conservation & management measures.’	No specific provision.	Not under implementation.	Role for MBRC but not being followed up, lack means, personnel, involvement in consultative process.
6.6.9 ‘…keep all conservation & management measures & their possible interactions under continuous review, & modify or abolish them as appropriate.’	Commitment in principle. MBRC role defined Law 14 Tech.Appl. Items 37 – 39	Lack regular follow-up.	As above.
6.6.10 ‘…to protect juveniles or spawners, avoid wastage & reduce the [non-target or discard] catch…management authorities should implement technical measures such as minimum landing size limits, mesh or gear regulations, closed areas, including marine reserves, or closed seasons where necessary. Regulations governing mulispecies fisheries should be designed to minimize discarding.’	Broad formal commitments. Law 14 & supplements passim. Legislative provsion for marine reserves under Law 14 Item 4; Rules Items 7; Tech.Appl. Chpt 6	Effectiveness doubtful.	Comprehensive review of requirements, implementation modalities. compliance mechanisms needed.
6.6.11 ‘States & …management organizations & arrangements should introduce measures for seriously depleted resources & those threatened with depletion that facilitate their sustained recovery. They should make every effort to ensure that resources & habitats critical to the wellbeing of such resources, which have been adversely affected by fishing or other human activities, are restored. For the purpose of restoration, provision should be made under national laws & appropriate international agreements or arrangements for the possibility of seeking financial or other forms of compensation in respect of damage to such resources & habitats.’	Commitment indicated by Law 14 Item 4; Rules passim, Tech.Appl. Item 31–33, 37–39, 68 & Chpt 6.	Effectiveness in question.	Apparent need extensive habitat restoration work. Follow-up lacking Comprehensive review policy legal & institutional framework indicated, including review, upgrading MBRC capabilities to facilitate compliance this provision
6.7 Implementation
6.7.1 ‘…ensure… effective legal & administrative framework…introduced & implemented at local & national levels, as appropriate, for fisheries conservation & management’	Law 14 & supplements.	Generally inadequate.	Comprehensive review, overhaul indicated
6.7.2 ‘…promote…implementation of …monitoring, control, surveillance & law enforcement measures. Where appropriate…should be conducted on… regional basis & in accordance …regionally-agreed procedures….States should cooperate in …enforcement of their respective fisheries laws & regulations.…’	Commitment in principle.	Irregular participation regional fisheries organizations, arrangements. Generally inadaquate MCS & enforcement practices.	Comprehensive review of requirements. implementation modalities, compliance mechanisms needed (SMW Dept Marine Protect)
6.7.3 ‘…agree on …means…activities …regional fishery management organizations & arrangements will be financed.…’	Implicit commitment. Subject regional-level consultations.	N/A	N/A
6.7.4 ‘States should establish a transparent mechanism by which the effectiveness of fisheries management is regularly reviewed in order to ensure that conservation & management objectives are achieved.’	No specific formal undertakings, but within national context, People's committees.	No regular mechanism for review by administrators, resource managers, researchers & users. Participation international/ regional organizations/ arrangements / fora not full, consistent.	Comprehensive review policy & practices indicated, with view towards strengthened compliance.
6.7.5 ‘…adopt procedures for compulsory & binding settlement of disputes, consistent with relevant international agreements, to ensure expeditious resolution….A State…opposing a conservation & management measure should continue to observe the measure until the dispute is settled.’	Subject regional-level consultations.	N/A	N/A
6.8 Management & trade
6.8.1} 6.8.2} [Provisions relating to requests of participants in regional fisheries management organizations/arrangements which have established conservation/management measures in specified waters, for cooperation by nonparticipants -- Proposed text.]..	Not reviewed.	N/A	N/A
6.9 Financial institutions [Banks, financial institutions should avoid setting loan/mortgage conditions requiring flagging of vessels if as means avoiding compliance with international conservation & management measures -- Proposed text]	N/A	N/A	N/A

Table A4/2. Status of national policy provision and implementation in relation to Draft Code of Conduct Article 7 -- Fishing Operations

Article 7 (‘Fishing operations’) provision		Provision under national policy/policy instrument	Provision in practice	Remarks
7.1 Responsibility of all States
7.1.1 ‘…ensure only authorized fishing operations conducted within their waters & keep record of authorizations.’		Law 14 & supplements passim	Enforcement likely inadequate. Frequent complaints unlicensed foreign trawler activities within national, even inshore waters.	SMW report 69 foreign trawlers stopped for inspection inside Libyan waters 1976–1992 Of these 60 released with signed promise not to repeat offense; 7 seized by courts; 2 fined & had fishing equipment seized One Japanese longliner seized 1993, another in 1995 (SMW Marine Harbour/Protect. Dept.)
7.1.2 ‘…cooperate to establish systems for monitoring, surveillance, control & enforcement …applicable legal rules in respect to fishing & related operations, in accordance international law.’		Commitment in principle	Irregular participation regional fisheries organisations, arrangements. Generally inadaquate MCS & enforcement practices.	Comprehensive review of requirements implementation modalities. compliance mechanisms needed More effective participation in regional/ international bodies/arrangements to strengthen compliance this provision (SMW Marine Harbour/ Protect. Dept.).
7.1.3 ‘…ensure adoption standards health & safety for everyone employed in fishing operations that take into account at least minimum provisions of relevant international agreements on conditions of work & service.		Explicit commitment to standards through Law 14, Items 10, 13; Rules, Items 15, 23–24, 45, Tech.Appl., Items 4–5, 73–74 (Sponge fishing).	Inspection procedures for craft licensing (every year) but effectiveness, consistency of application possibly weak..	Little/no practice of spot inspection for compliance. Thorough review indicated to confirm relevance existing regulations. effectiveness enforcement with view towards updating requirements & procedures to full conformance contemporary international standards (SMW Depts Training/Labour Marine Harbour/Protect).
7.1.4 ‘…make arrangements individually, together with other States or appropriate international organization for integration fishing operations into maritime search & rescue systems.’		Commitment in principle. In theory fishing trips tracked through permit system, registration on departure return.	Weak in practice. VHF communication net not providing full cover Search & rescue arrangements currently very inadequate.	Comprehensive review of requirements. implementation modalities, compliance mechanisms needed. Situation for inshore fishers, smallcraft operations particularly in need attention (SMW Depts. Training/Labour, Marine Harbour/Protect).
7.1.5 ‘…guarantee competence of fishers by promoting education & training programmes &, where appropropriate, the qualification of fishers….take into account provisions of International Maritime Organization/ International Labour Organization/ Food & Agriculture Organization Document for Guidance on Fishermen's Training & Certification.…’		Commitment in principle. Individual fishing licensing procedure specifies training. experience certification condition (Rules, Item 23). Licensing for Captains & Marine Mechanics likewise (Rules, Items 60–64)	Fisher training centre programme. Curriculum includes smallcraft handling, safety at sea but compliance provision 7.1.5 generally weak.	Thorough review situation in order. collaboration with maritime authorities (SMW Training/Labour Dept).
7.1.6 ‘…maintain records of fishers which should include, whenever possible, detailed information on their competence in accordance with their national laws.’		Commitment in principle through provisions above.	Record keeping not consistent reliable.	As above.
7.1.7 ‘Flag States, in …event., accident…should provide details to the States of foreign nationals involved.’		Not reviewed.	Not reviewed.	Situation should be confirmed; consultation also with maritime authorities.
7.1.8 [Provision relating to investigation of charge for fishing vessel operation offence against holder of Certificate of Competency, follow-up by State which issued Certificate and appropriate action.l		Not reviewed.	Not reviewed.	Confirm whether relevant
7.1.9 ‘…ensure through education & training…all engaged in fishing operations have …basic knowledge relevant international conventions, applicable environmental & other standards & provisions this Code.’		Nothing formal	Not being implemented	For consideration & follow-up SMW Department
7.2 Flag State responsibility
7.2.1 ‘…maintain record of fishing vessels entitled to fly flag & indicate in record details vessels, ownership & authorization(s) to fish.’		Not reviewed.	Not reviewed.	Study & follow-up, possible relevance LISPAFISH operations, though company's vessels in East Atlantic fishery do not operate under Libyan flag.
7.2.2 ‘…ensure no fishing vessel entitled to fly its flag should fish high seas waters under jurisdiction another state unless…issued with Certificate of Registry & authorized by competent authority . Such vessel should carry on board [Certificate & fishing authorization].		Not reviewed.	Not reviewed.	As above.
7.2.3 ‘All …vessels authorized…fish…high seas or in EEZ another State…properly marked in accordance with international law & FAO Standard Specifications & Guidelines for Marking & Identification of Fishing Vessels.’		Not reviewed	Not reviewed	As above
7.2.4 ‘All fishing gear…marked…accordance with national legislation taking account …standards & guidelines as may be agreed at international or regional levels [so owner can be identifiied].		Not reviewed.	Not reviewed	As above
7.2.5 ‘…ensure compliance with appropriate safety requirements for fishing vessels…fishers…accordance., international conventions…agreed codes or practice & voluntary guidelines. States should adopt appropriate safety requirements for all small vessels not covered by such …guidelines.		Not reviewed.	Not reviewed.	As above.
7.2.6 ‘Non-parties… Agreement to Promote Compliance with International Conservation & Management Measures by Vessels Fishing on the High Seas…encouraged to adopt laws & regulations consistent with…Agreement’		Not reviewed.	Not reviewed	As above
7.2.7 ‘…take enforcement measures in respect… vessels entitled to fly their flags which act in contravention of applicable conservation & management measures.…’		Not reviewed.	Not reviewed.	As above.
7.2.8 ‘…promote access to insurance coverage by owners & charterers of fishing vessels with respect to the protection & indemnity of crews as well as to indemnify third parties.…’		Not reviewed.	Not reviewed.	As above.
7.2.9 ‘…maintain information, updated at regular intervals, on all fishing operations authorized by them & …accordance …international standards & practices.		Commitment in principle through LISPAFISH accounting, SMW reporting routines	Effectiveness, completeness not known.	As above
7.2.10 ‘adopt necessary measures in… national legislation to ensure… agreements… employment of crew…clearly indicate… port to which crew members [repatriated by vessel owners in event stranded through no fault of own].		Not reviewed.	Not reviewed.	As above.
7.3 Port State responsibility
7.3.1 [In accordance international law, assist other States in achieving objectives this Code, other relevant international agreements (incl. from UN Conference on Staddling Fish Stocks & Highly Migratory Fish Stocks).]		Not reviewed.	Not reviewed.	Not reviewed.
7.3.2 [When vessel voluntarily in port another State, Port State may verify extent application internationally agreed minimum standards safety, health & work. Advise flag state & relevant international organization accordingly….]		Not reviewed.	Not reviewed.	Not reviewed.
7.4 Fishing practices
7.4.1 ‘…ensure… fishing conducted… due regard… safety of fishers, … IMO International Regulations for Preventing Collisions at Sea, as well as its provisions for the organization of marine traffic, protection of the aquatic environment & …prevention of damage to or loss of fishing gear.		No specific commitment to IMO Regulations under SMW national fisheries legal instruments. Broad references to safety (see for 7.1.3 above), protection aquatic environment (Rules & Tech.Appl. passim); gear damage, loss (Tech.Appl., Items 12–13, 22, 28.	Implementation weak, minimal.	Thorough review requirements, implementation modalities, compliance mechanisms needed. Follow up in collaboraton maritime authorities (SMW Depts. Training/Labour, Marine Harbour/ Protect.).
7.4.2 ‘States should prohibit the use of destructive fishing methods such as the use of poisons & explosives.’		Specific prohibitions in law. Law 14, Item 15; Rules, Item 50; Tech.Appl., Item 7.	Enforcement not effective.	Blast fishing has long history on coastline & incidence continues. Field & market observations confirm practice quite widespread; somewhat higher in eastern zone. Many scubadivers use spearguns for large demersals (SMW Depts. Marine Harbour/ Protect., Prod./Mkting).
7.4.3 ‘…make every effort… documentation… fishing operations, retained & discarded catch… origin of catch… maintained by those responsible….[Establish] programmes, such as observer schemes, in order to verify documentation with regard to fishing operations, catches & discards.’		Partial commitment in law through reporting requirements -- see 6.4.4 above.	Weak implementation. No collection/ recording discards, observer scheme.	Thorough review requirements, implementation modalities, compliance mechanisms needed (SMW Depts. Marine Harbour/Protect, Prod/Mkting).
7.4.4 ‘…promote adoption appropriate technology for best use & care of retained catch.’		Law 14 Rules, Chpt 3, broadly refer.	No particular programmes, action. Some technical advice provided to SMW, industry personnel through Project LIBFISH.	Area for wide-ranging action, follow up. LIBFISH F/Tech Group advisory reports are starting point (SMW Depts. Tech.Affairs, Prod/Mkting).
7.4.5 ‘…with relevant groups from industry,… encourage development, implementation of technologies, methods that reduce discards…Discourage as appropriate use fishing gear, practices that lead to discarding & promote use gear & practices that increase survival rates of escaping fish.’		No particular provision. Indirect commitment under Tech.Appl., Items 37–39.	Not under implementation.	Review of requirements, MBRC capabilities to fulfill this function needed (SMW Depts. Tech.Affairs, Prod/Mkting).
7.4.6 ‘States should cooperate in developing & applying technologies, materials, methods to minimize loss of gear& ghost fishing effects of lost or abandoned gear.’		Implicit agreement through participation international fisheries organizations.	No specific actions known.	More effective participation international organizations/ fora would facilitate information access, move towards greater compliance (SMW Depts. Tech.Affairs, Prod/Mkting).
7.4.7 ‘…require… implications habitat disturbance are investigated for all gear & carry out [investigations before]… allowing introduction new gear & methods… on commercial scale.’		Law 14 Tech.Appl., Items 37–39.	As above.	Review of requirements, MBRC capabilities to fulfill this function needed.
7.4.8 ‘…encourage investigations into… environmental impacts… fishing gear… in particular to adverse effects on biological diversity.		As above.	As above.	As above.
7.5 Fishing gear selectivity
7.5.1 ‘…require…gear, methods, practices be sufficiently selective as to minimise catch non-target species, waste, discards & threat to endangered species…. [Fishers] should cooperate in development selective gear, methods. States …ensure… information on new developments, requirements made available all fishers.’		Implicit acceptance as indicated provisions Law 14 & supplements.	Not under implementation.	Review of requirements, MBRC capabilities to fulfill this function needed. (MBRC & SMW Tech.Affairs Dept. collaboration).
7.5.2 ‘…to improve selectivity,… take into account the range of selective fishing tactics & gear available to the industry when drawing up… laws & regulations.’		As above.	As above.	As above.
7.5.3 ‘States & relevant institutions should colloborate in developing standard methodologies for research into fishing sear selectivity, fishing methods & tactics.’		Implicit agreement through participation international fisheries organizations.	No specific actions known.	More effective participation intenational organizations/ fora would facilitate information access, move towards greater compliance
7.5.4 [Encourage international cooperation]… with respect., research programmes for… gear selectivity, fishing methods & tactics, dissemination results, transfer of technology.		As above.	As above.	As above.
7.6 Energy optimization
7.6.1 ‘…promote development appropropriate standards, guidelines [towards]… more efficient use of energy in harvesting & post-harvest activities.…’		Nothing explicit.	Not under implementation.	Complete review of requirements indicated. (SMW Technical Affairs Dept.)
7.6.2 ‘…promote development & transfer of technology in relation to [above], & in particular encourage owners, charterers & managers to fit energy optimization devices to their vessels.’		Nothing explicit.	Not under implementation.	Complete review of requirements indicated. (SMW Technical Affairs Dept.)
7.7 Protection of the marine environment
7.7.1 ‘…introduce & enforce laws or regulations based on International Convention for the Prevention of Pollution from Ships 1973, as amended by the Protocol of 1978 (MARPOL 73/78).’		Maritime authority provisions. Nothing explicit under SMW provisions.	Not under implementation by SMW. Weak implementation by other relevant national authorities.	Study/review necessary measures with view to strengthen compliance indicated. (MBRC & SMW Depts. Marine Harbour/Protect. Tech. Affairs). Collaboration with maritime authorties & Environmental Protection Centre to review status national compliance with Barcelona Conventions for pollution protection of Mediterranean Sea (Barcelona 1976 and recent amendments), Protocol for the Protection of the Mediterranean Sea against Pollution from Land-based Sources (Athens 1980, in force Libya effective 1989)..
7.7.2 ‘Owners, charterers…managers… ensure.-.vessels fitted with appropriate equipment as required by MARPOL 73/78… [ & should consider fitting compactor or incinerator for treatment garbage/wastes in relevant classes vessels].’		As above.	As above.	As above.
7.7.3 ‘Owners, charterers… managers should minimise the taking aboard of potential garbage through proper provisioning practices.’		Nothing explicit.	As above.	As above.
7.7.4 ‘Crews…conversant with proper…procedures… to ensure discharges do not exceed… MARPOL 73/78 [levels]. Such procedures should as a minimum include… disposal of oily waste & shipboard garbage handling & storage.		As above.	Marine Academy training curriculum, weak follow up. Not under implementation by SMW.	As above (attention also for SMW Training/ Labourforce Dev. Dept).
7.8 Protection of the atmosphere
7.8.1 ‘…adopt relevant… provisions for… reduction of dangerous substances in exhaust gas emissions.’		Nothing explicit under SMW legal provisions, policy pronouncements.Vienna Convention for the Protection of the Ozone Layer (Vienna 1985) & Monteal Protocol on Substances that Deplete the Ozone Layer (Montreal 1987) came into force in Libya 1990.	Not under implementation by SMW.	Question implementation by other relevant national authorities. Study/review necessary measures with view to strengthen compliance indicated. Collaboration with maritime authorties, Environmental Protection Centre (SMW Marine Harbour & Protection, Technical Affairs departments).
7.8.2 ‘Owners, charterers or managers…ensure… vessels fitted with equipment to reduce emission of ozone depleting substances. [Crews conversant with proper use marine machinery to ensure dangerous substance emissions not exceed levels set by competent authorites, guidelines for application 1987 Montreal Protocol to the Vienna Convention on Substances that Deplete the Ozone Layer].’		As above.	As above.	As above.
7.8.3 ‘…make provision… phasing out use chlorofluorocarbons (CFCs) & transitional substances such as hydrochlorofluorocarbons (HCFCs) in refrigeration systems fishing vessels [& ensure others in industry informed & comply].’		As above.	As above.	As above.
7.8.4 ‘Owners, managers… take appropriate action for refit existing vessels & inclusion… alternative refrigerants to CFCs & HCFCs & alternatives to Halon in fire fighting installations in specifications all new vessels.’		As above.	As above.	As above.
7.8.5 ‘…follow international guidelines for disposal of CFC, HCFC & Halon.’		As above.	As above.	As above.
7.9 Harbours & landing places for fishing vessels
7.9.1 ‘…take into account International Standard Specifications for the design & construction of harbours & landing places to ensure, inter alia:
a)	provision… safe havens for fishing vessels;	No explict provision on Standard Specifications. Law 14, Item 5 & Rules, Item 9 refer to landing site establishment.	Considerable infrastructure, service installation/ upgrade under harbour & marsa development programme, but provision for specific services, safeguards incomplete.	Study/review necessary measures with view to strengthen compliance indicated. Collaboration with maritime authorties, Environmental Protection Centre (SMW Marine Harbour & Protection, Technical Affairs departments). LIBFISH 1993 Frame Survey database for detailed information landing site infrastructure, services, sanitation conditions, etc.
b)	availability adequate freshwater supplies;
c)	[provision of] adequate sanitation arrangements;
d)	[introduction of] waste disposal systems, including [for] oil & oily water,
e)	…no pollution from external sources (non-fisheries activities);
f)	…no pollution from fisheries activities;
g)	provision adequate servicing facilities for vessels, vendors & buyers;
h)	collection & disposal of unwanted fishing gear, and provision to combat effects of erosion & siltation.
7.9.2 ‘…establish institutional framework for [site selection/improvement for fishing vessel harbours]… which allows for consultation among the authorities responsible for coastal area management inter alia,fisheries, health, sanitation, industrial development & protection of environment’		As above.	As above. Idea of establishing regional fishing service centres being considered (ports to serve surrounding areas proposed for Tobruk, Dernah, Benghazi, Breygah, Sirte, Missrata, Tripoli, Zuarah).	As above. Links with other relevant national authorities in need considerable strengthening to effect compliance this provision.
7.10 Abandonment of offshore structures
7.10.1 [Ensure IMO standards, guidelines followed for removal redundant offshore structures & ensure competent fisheries authorities consulted prior to making decisions for removal.]		Not reviewed.	Not reviewed.	Study/review to determine relevance, possible application.
7.11 Artificial reels & fish aggregation devices
7.11.1 ‘…encourage research, develop policies for increasing stock populations, enhancing fishing opportunities through use, where appropriate, artificial structures placed on, or above, the sea-bed or at the surface.		Nothing specific.	Not under implementation.	No policies elaborated. Review of requirements indicated, along with MBRC capabilities to assist in compliance. Attention for SMW Technical Affairs Dept. (Numerous de facto artificial reefs in form WW II sunken wreckage, especially eastwards.)
7.11.2 ‘…ensure [provisions observed of relevant International Conventions on environment, prevention of pollution, safety of navigation]… observed when determining materials to be used in creation artificial reefs… selection of their geographical location.’		No specific provisions.	As above.	Study/review to determine relevance, possible application. SMW Technical Affairs Dept, consultation other relevant national authorities.
7.11.3 ‘…within framework coastal area management plans… establish management system for artificial reefs & Fish Aggregation Devices (FADs) which should include requirement for the approval of their construction & deployment bearing in mind the interest of artisanal and small scale fishers.’		No coastal area management plans yet elaborated; no specific provisions.	As above.	Seasonal use of FADs in lambouka (Dolphin fish/ mahi mahi) fishery by artisanal operators well-established practice, particularly western stretches coastline.
7.12.4 [Ensure appropriate navigation chart cartographic, environmental authorities informed prior placement removal artificial reefs, FADs.]		No specific provisions known.	As above.	Study/review to determine relevance, possible application.

Table A4/3. Status of national policy provision and implementation in relation to Draft Code of Conduct Article 8 - Aquaculture Development

Article 8 (‘Aquaculture development’) provision	Provision under national policy/ policy instrument	Provision in practice	Remarks
8.1 Responsible development of aquaculture including culture-based fisheries in areas under national jurisdiction
8.1.1 ‘…establish, maintain & develop appropriate legal & administrative framework which facilitates development responsible aquaculture.’	Commitment in principle. Weak legislative basis. Law 14 Tech.Appl., Chapt 4 is only provision. General Aquaculture Development Authority remit & research/technical support function through MBRC. Sponsorship of LIBFISH Project work.	Weak implementation. Technical advice, assistance through LIBFISH Project.	Comprehensive review of policy legal & institutional framework needed with view towards establishing adequate capabilities, including upgrading of MBRC & GADA staff establishments & facilities. LIBFISH Aqua Group advisory reports are starting point.
8.1.2 ‘…promote responsible development, management of aquaculture, including advance evaluation effects development on genetic diversity & ecosystems integrity, based on best available scientific information.’	Commitment implicit. Specific provisions lacking.	As above.	As above.
8.1.3 ‘…produce & regularly update aquaculture development strategies & plans… to ensure… development is ecologically sustainable & allow rational use of resources by aquaculture & other activities.’	‘General Plan for Aquaculture Sector’ now under drafting by SMW/GADA technical committee.	No comprehesive planning to date.	As above.
8.1.4 ‘…ensure… livelihoods local communities, & their access to fishing grounds, not negatively affected by aquaculture developments.’	No specific provision.	As above.	As above.
8.1.5 ‘…establish effective procedures …[for] appropriate environmental assessment & monitoring with aim minimizing adverse ecological changes, related socio-economic consequences resulting from water extraction, land use, discharge of effluents, use of drugs & chemicals, other aquaculture activities.’	General provision only (Law 14 Tech.Appl., Chpt 4).	Weak implementation.	As above.
8.2 Responsible development of aquaculture including culture-based fisheries within transboundary aquatic systems
8.2.1 ‘…protect transboundary aquatic systems by supporting responsible aquaculture practices within… national jurisdictions, & by cooperation in promotion sustainable aquaculture practices.’	Commitment in principle. Participation MEDRAP & follow-up TECAM, SELAM, EAM, SIPAM networks.	Weak implementation.	As above. Also, more effective participation intenational organizations/ fora would facilitate information access, move towards greater compliance
8.2.2 ‘…with due respect neighbouring States… accordance international law, ensure responsible choice species, siting & management of aquaculture activities which could affect transboundary aquatic ecosystems.’	As above.	As above.	As above.
8.2.3 ‘…consult., other neighbouring States, as appropriate, before introducing non-indigenous species into transboundary aquatic ecosystems.’	As above.	As above.	As above.
8.2.4 ‘…establish appropriate mechanisms, such as data bases & information networks to collect, share, disseminate data related to… aquaculture.	As above.	As above. Statistical information collection & reporting system for aquaculture activities very weak.	As above.
8.2.5 ‘…cooperate in development appropriate mechanisms, when required, to monitor impacts inputs used in aquaculture.’	As above.	As above.	As above.
8.3 Use of genetic resources for the purposes of aquaculture including: culture-based fisheries		-
8.3.1 [States should conserve generic diversity, maintain ecosystem integrity by appropriate management. Particular efforts to minimize harmful effects introduction non-native species, genetically altered stocks, & especially where can affect waters other jurisdictions.]	As above.	As above.	As above.
8.3.2 ‘…cooperate in elaboration, adoption, implementation international codes practice & procedures for introductions & transfers of aquatic organisms.	As above.	As above.	As above.
8.3.3 [To minimise risks disease transfer, adverse effects on wild & cultured stocks, encourage appropriate practices in genetic improvement broodstock, introduction non-native species, & production, sale, transport of eggs, larvae, fry, broodstock, other live materials….]	As above.	As above.	As above.
8.3.4 ‘…promote use appropriate procedures for… selection broodstock & production eggs, larvae, fry.’	Weak provisions under Law 14 Tech.Appl., Chpt 4.
8.3.5 ‘…where appropriate, promote research &, when feasible, development culture techniques for endangered species to protect, rehabilitate & enhance… stocks, taking… account critical need to conserve genetic diversity of endangered species.’	No provision.
8.4 Responsible aquaculture at the production level
8.4.1 ‘…promote responsible aquaculture practices in support of forming communities, producer organizations, aquaculturalists.’	Commitment implicit but no commercial or small-scale development as yet, no producer organizations.	Not under implementation; preliminary technical advisory work under Project LIBFISH.	No undertakings for promotion of smallscale, community aquaculture as yet. Existing SMW/GADA pilot installations themselves in need improved management regimes. LIBFISH reports refer.
8.4.2 ‘…promote active participation fishfarmers & their communities in development responsible… management practices.’	As above.	As above.	As above.
8.4.3 ‘… promote efforts which improve selection… use appropriate feeds, feed addititives & fertilizers, including manures.’	As above.	As above.	As above.
8.4.4 ‘…promote effective farm, fish health management practices which ensure safe, effective, minimum use therapeutants, vaccines, hormones & drugs, antibiotics… other diseease control chemicals.’	As above.	As above.	As above.
8.4.5 ‘…regulate use… chemical inputs…hazardous to human health & the environment’	As above.	As above.	As above.
8.4.6 ‘…require disposal… wastes [offal, sludge, dead/diseased fish, excess veterinary drugs, other hazardous chemical inputs]… not constitute a hazard to human health & the environment.’	As above.	As above.	As above.
8.4.7 ‘…ensure food safely… aquaculture products, & promote efforts… maintain quality, improve value through particular care before & during harvesting, on-site processing, & in storage & transport…’	As above.	As above.	As above.

Table A4/4. Status of national policy provision and implementation in relation to Draft Code of Conduct Article 9 -- Integration of Fisheries into Coastal Area Management

Article 9 (‘Integration of fisheries into coastal area management’) provision	Provision under national policy/policy instrument	Provision in practice	Remarks
9.1 Institutional framework
9.1.1 ‘…ensure… appropriate policy legal & institutional framework adopted to achieve sustainable, integrated use of resources, taking… account… fragility coastal ecosytems & finite nature of their natural resources & the needs of coastal communities.’	SMW policy not yet elaborated, but commitment implicit to participation such international programmes/ fora as UNEP/Mediterranean Action Plan.	No provision within SMW. At country-wide level, preliminary considerations being reviewed for preparations towards revised National Physical Perspective Plan, which will emphasize integrated environmental management approach.	Initial suggestions for attention to integrated management coastal zones made through Project LIBFISH reports. See esp. Reynolds et al. (1995). Urgent study necessary measures with view to strengthen compliance indicated, along with strong collaboration with National Physical Plan drafting exercise, maritime authorties, Environmental Protection Centre, other stakeholders, relevant national authorities.
9.1.2 ‘In view…multiple uses… coastal area, States should ensure… representatives of fisheries sector & fishing communities… consulted in the decision-making processes & involved in other activities related to coastal area management, planning, development.’	As above.	As above.	As above.
9.1.3 ‘…develop, as appropriate, institutional or legal frameworks… to determine possible uses coastal resources & govern access to them taking… account rights of coastal fishing communities & their customary practices to extent compatible with sustainable development.’	As above.	As above.	As above.
9.1.4 ‘…facilitate adoption fisheries practices that avoid conflict among fisheries resource users & between them & other uses coastal area.’	As above.	As above.	As above.
9.1.5 ‘…promote establishment procedures, mechanisms at appropriate administrative level to deal with conflicts within fisheries sector & between fisheries resource, other users of coastal area.’	As above.	As above.	As above.
9.2 Policy measures
9.2.1 ‘…promote creation public awareness… need for protection & management coastal resources & participation in management process by those affected.’	Same as above.		Same as above. SMW-produced TV programme Amwaje El Khair (‘Good Waves’) could be useful means of promotine public awareness, but environmental themes would need to be emphasised more. Also, use of Enadi El Bahri (Marine Clubs) programme could be considered in connection this provision, along with encouragement to local interest groups such as the Tajura-based Asdikha El Baher (‘Friends of the Sea’).
9.2.2 ‘In order to assist decision making on… allocation & use of coastal resources, States should promote their valuation taking account of economic, social & cultural factors.’	As above.	As above.	See 9.1.1 above.
9.2.3 ‘In setting [coastal area management policies]…, take due account of risks & uncertainties involved.’	As above.
9.2.4 ‘…in accordance with capacities, establish, promote establishment of systems to monitor coastal environment as part coastal management process using physical, chemical, biological, & economic & social parameters.’	As above.	As above.	As above.
9.2.5 ‘…promote mult-disciplinary, research in support coastal area management, in particular… environmental, biological, socioeconomic, legal & institutiional aspects.’	As above.	As above.	As above.
9.3 Regional cooperation
9.3.1 ‘States with neighbouring coastal areas should cooperate with one another to facilitate the sustainable use of coastal resources & the conservation of the environment’	As above.	As above.	As above. Stronger participation in regional & international programmes/ fora would facilitate compliance with this provision.
9.3.2 [Provide timely information, consultation with potentially affected States on activities that may have adverse transboundary effect….!.	As above.	As above.	As above.
9.3.3 ‘States should cooperate at… regional level to improve coastal area management.’	As above.	As above.	As above.
9.4 Implementation
9.4.1 ‘…establish mechanisms for cooperation & coordination among national authorities involved in planning, development, conservation & management coastal areas.’	See for 9.1.1	See for 9.1.1	See for 9.1.1
9.4.2 ‘…ensure… [authority/authorities] representing fisheries sector in coastal management process have appropriate technical & financial capabilities.’	As above.	As above.	As above.

Table A4/5. Status of national policy provision and implementation in relation to Draft Code of Conduct Article 10 -- Post-Harvest Practices and Trade

Article 10 (‘Post-harvest practices and trade’) provision	Provision under national policy/policy instrument	Provision in practice	Remarks
10.1 Responsible fish utilization
10.1.1 ‘…adopt appropriate measures to ensure the right of consumers to safe, wholesome & unadulterated fish & fishery products.’	Commitment in principle. Law 14 Tech. Appl., Chpt 3 specifies requirements. Initiatives under LIBFISH Project.	Generally inadequate. Recent technical advisory assistance, training under LIBFISH.	Significant evaluation/updating existing measures indicated. Advisory reports from LIBFISH F/Tech Group -- thorough review, follow-up. MBRC could play central role here but facilities and staff competencies in need further development (MBRC & SMW Prod/ Mkting Dept. in colloboration with municipal authorities, food industry.)
10.1.2 ‘…establish, maintain effective national safety, quality assurance systems to protect consumer health & prevent commericial fraud.	As above.	Weak implementation.	Need to put national fishery product qualtity assurance scheme in place, as identified through LIBFISH survey work. Application of HACCP principles strongly recommended.
10.1.3 ‘…set minimum standards for safety & quality assurance & [ensure effective application]…. promote implementation quality standards agreed within context FAO/WHO Codex Alimentarius Commission, other relevant organizations or arrangements.’	Libyan standard specifications.	Not consistent.	Cases of substandard products released on market recorded. Review of situation indicated, with view to updating national standards to full conformance with latest internationally agreed standards, as needed.
10.1.4 [States should cooperate on harmonization/ mutual recognition national sanitary measures, certification programmes… explore possibilities establishment mutually recognized control & certification agencies.]	Implicit acceptance of provision.	Initiatives under LIBFISH Project. participation relevant international organizations/ arrangements.	Strengthened participation relevant international organizations/ arrangements would facilitate compliance.
10.1.5 ‘…give due consideration… economic & social role… post-harvest… sector when formulating national policies for sustainable development & untilization… resources.’	Implicit acceptance.	Inadequate information base.	In depth study/review needed to provide basis policy elaboration.
10.1.6 ‘States, relevant organizations… sponsor research in fish technology, quality assurance & support projects to improve post-harvest handling… bearing in mind social, economic, environmental & nutritional impact such projects.’	LIBFISH Project sponsorship.	Numerous technical reports, consultations, training experiences related to fish technology.	Need for extensive follow-up of quality assurance development demonstrated.
10.1.7 ‘…ensure processing, transporting & storage methods environmentally sound through cooperation, facilitating development & transfer appropriate technologies.’	No specific provisions.	Cases of lax environmental protection in processing plants.	Thorough study/review indicated. LIBFISH F/Tech reports available.
10.1.8 ‘…encourage those involved in fish processing, distribution & marketing to: reduce post-harvest losses, waste, improve utilization of by-catch [extent consistent responsible fisheries managment practices], utilize resources, especially water & energy… in environmentally sound manner.	Commitment in principle. Law 14 Tech.Appl. Chpt 3 provisions.	Extensive scope for improved/upgraded practices throughout post-harvest chain, from on-board handling practices through processing, distribution, marketing.	Area for priority concern. Project LIBFISH F/Tech reports for indicators.
10.1.9 ‘…encourage use fish for human consumption & promote consumption fish whenever appropriate.’	Commitment in principle (SMW 1993, 1994a, 1994b, 1995). Intent of price controls, subsidies to industry?	Some promotion of fish consumption, fish dishes through SMW-produced TV programme Amwaje El Khair (‘Good Waves'’). Generally weak implementation of provision.	Policy & implementation measures could be reexamined. National population historically not heavy fish consumers. New product development & testing. Wide range of measures to improve attraction fishery products, e.g. better quality management, hygienic markets, etc. could be considered.
10.1.10 ‘…cooperate… to facilitate production value-added products by developing countries.’	No explicit provision except declared interest through LIBFISH Project	Nothing known.	Product development remains area for further work.
10.1.11 ‘…ensure international & domestic trade in fish, fishery products accords with sound conservation, management practices through improving identification origin fish purchased.’	Commitment in principle - Law 14 & supplement provisions on fishing trip reporting. Policy on international trade not reviewed.	Not in effect.	No specific mechanisms available and little/no action against those trading fish caught in illegal zones or with illegal methods.
10.1.12 ‘…ensure environmental effects post-harvest activities considered in development related laws, regulations, policies without creating market distortions.’	Agreement in principle, no specific provisions known.	No example cases known.	Comprehensive review of requirements, implementation modalities, compliance mechanisms needed.
10.2 Responsible international trade
10.2.1 ‘…provisions present Code should be interpreted, applied consistent with rights, obligations in WTO Agreement’	Not reviewed.	Not reviewed.	Comprehensive review of requirements, implementation modalities, compliance mechanisms needed. (SMW Depts. Prod/ Mkting, Planning/Follow-up).
10.2.2 ‘International trade in fishery products… not compromise sustainable development fisheries, responsible utilization living aquatic resources.’	Not reviewed.	Not reviewed.	As above.
10.2.3 ‘…ensure measures affecting international trade in fishery products transparent, based where applicable on scientific evidence, & in accordance… internationally agreed rules.’	Not reviewed. Secretariat Economics & Trade Decisions 2/1994, 3/1994, 93/1994,153/1994 regulate aspects of import/export trade in fish & fishery products.	Not reviewed.	As above. Standing SEC decisions prohibit, inter alia export canned fish products, fresh fish during winter months. Also specify procedures for export & species, quantities allowed. Review may be appropriate to verify basis these decisions.
10.2.4 [Trade measures to protect human, animal life should not be discriminatory & should conform internationally agreed trade rules….]	Not reviewed.	Not reviewed.	Comprehensive review of requirements, implementation modalities, compliance mechanisms needed.
10.2.5 ‘…further liberalize trade in fish, fishery products & eliminate barriers & distortions [duties, quotas, non-tarrif barriers]… in compliance rules, practices of WTO.’	See for 10.2.3 above.	Not reviewed.	Existing restrictions possibly out of keeping with this provision.
10.2.6 ‘…should not directly, indirectly create unnecessary or hidden barriers to trade which limit consumer's freedom choice supplier or restrict market access.’	As above.	Not reviewed.	As above.
10.2.7 ‘…should not impose trade restrictions… form of limitations or obligations with regard to a particular technology.’ (Provision pending)	Not reviewed.	Not reviewed.	Comprehensive review of requirements, implementation modalities, compliance mechanisms needed.
10.2.8 ‘…should not condition access to markets to access to resources.…’	Not reviewed.	Not reviewed.	As above.
10.2.9 ‘…should not link access to markets to purchase specific technology, sale other products.’	Not reviewed.	Not reviewed.	As above.
10.2.10 ‘…cooperate in complying relevant international agreements regulating trade in endangered species.’	Not reviewed.	Not reviewed.	As above.
10.2.11 ‘…develop international agreements for trade in live specimens, where risk of environmental damage in importing, exporting countries.’	Not reviewed. Likely agreement in principle given recognition environmental damage risks, conservation concerns evident existing legislation.	Not reviewed.	As above.
10.2.12 ‘…cooperate to promote adherence to an effective implementation relevant international standards for fish trade & living aquatic resource conservation.’	Not reviewed. As above.	Not reviewed.	As above.
10.2.13 ‘…should not undermine living aquatic resource conservation measures… to gain trade, investment benefits.’	As above.	Not reviewed.	As above.
10.2.14 ‘…cooperate to develop internationally acceptable rules, standards for trade… consistent with principles, rights, obligations of WTO.	As above.	Not reviewed.	As above.
10.2.15 ‘…[Cooperation between states, active participation relevant fora such as WTO Committee on Trade & Environment],… to ensure equitable, non-discriminatory trade in… fishery products… [&] wide adherence multilaterally agreed fishery conservation measures.’	Not reviewed. As above.	Not reviewed.	As above.
10.2.16 ‘States, aid agencies…ensure policies, practices… promotion trade & export production do not result in environmental degradation or adversely impact nutritional rights, needs people for whom fish critical to health, well-being & for whom other comparable sources food not readily available, affordable.’	Not reviewed. Likely agreement in principle given recognition environmental damage risks, conservation concerns evident existing legislation.	Not reviewed.	As above.
10.3 Laws & regulations governing fish trade
10.3.1 ‘…procedures applicable to international trade… fishery products should be transparent, simple as possible, comprehensible & based scientific evidence, when appropriate.’	See for 10.2.3 above.	See for 10.2.3 above.	See for 10.2.3 above.
10.3.2 ‘…in accordance national laws, facilitate appropriate consultation, participation industry… environmental & consumer groups in development, implementation laws regulations related to fish trade.’	Not reviewed.	Effectiveness not known.	Comprehensive review of requirements, implementation modalities, compliance mechanisms needed.
10.3.3 ‘…simplify laws, regulations & administrative procedures applicable to fish trade without jeopardizing their effectiveness.’	Not reviewed.	Effectiveness not known.	As above.
10.3.4 [When changes in legal requirements introduced affecting fish trade with other States, provide sufficient information & time for adjustment….]	Not reviewed.	Effectiveness not known.	As above.
10.3.5 ‘…periodically review laws, regulations… international trade… to determine whether conditions which gave rise to their introduction continue to exist.’	Not reviewed.	Effectiveness not known.	As above.
10.3.6 ‘…harmonize as far possible standards… international trade… in accordance with relevant internationally recognized provisions.	Not reviewed.	Not under implementation as far as is known.	Strengthened participation relevant international organizations/ arrangements would facilitate compliance.
10.3.7 ‘…collect, disseminate, exchange timely, accurate & pertinent statistical information on international fish trade through relevant national institutions, international organizations.’	Commitment in principle, reflected through SMW annual reports..	Weak implementation.	Comprehensive review of requirements, implementation modalities, compliance mechanisms needed.
10.3.8 ‘…promptly notify interested countries, WTO, other appropriate… organizations on developments of, changes to laws, regulations & administrative procedures applicable international trade fishery products.’	Not reviewed.	Effectiveness not known.	Strengthened participation relevant international organizations/ arrangements would facilitate compliance.

Table A4/6. Status of national policy provision and implementation in relation to Draft Code of Conduct Article 11 -- Fisheries Research

Article 11 (‘Fisheries research’) provisions	Provision under national policy/policy instrument	Provision in practice	Remarks
11.1 States should recognize…responsible fisheries requires… availability sound scientific basis to assist fisheries managers & other interested parties in making decisions. Therefore… should ensure appropriate research… conducted in all aspects fisheries. States should ensure… availability of research faciltieis & provide appropriate training, staffing, institution building to conduct research.…’	Strong, broad formal commitment indicated (SMW 1993, 1994a, 1994b, 1995); provisions Law 14 & supplements. MBRC charter. Sponsorship Project LIBFISH.	Under implementation through MBRC as leading marine biology & fisheries research institution in country. Pilot/trial aquaculture stations operated under GADA. Substantial recent progress in training for staff development, facility/ equipment provision/ rehabilitation.	Considerable room for further improvement noted, need to strengthen MBRC research, technical support capabilities. Also need to build, maintain linkages other relevant national scientific/technical institutes. Review of research staff remuneration, conditions of service indicated, with view towards improving motivation, commitment. Additonal major institution building in terms of staff upgrading, skill development indicated. Consolidation of staff establishment through encouragement to those with high professional dedication, release/rerplacement of chronic non-performers.
11.2 States should establish…appropriate institutional framework to determine… applied research required & its proper use.	As above. Explicit MBRC remit.	Constrained by budget limitations, staff operational capabilitites.	As above.
11.3 ‘…ensure… data generated by research analyzed, results published, respecting confidentially where appropriate, distributed… timely, readily undestood fashion, in order… best scientific evidence available as contribution to fisheries conservation, management & development In absence adequate scientific information, appropriate research should be initiated as soon as possible.’	As above.	Project LIBFISH/MBRC technical report series since 1994.	MBRC research reports formerly published through Bulletin, but series has not been issued for some years. Plans to revive.
11.4 ‘…collect reliable, accurate data, including data on bycatch, discards, waste… required to assess status fisheries & ecosystems. Where appropriate this data should be provided… appropriate time & level aggregation, to relevant., fisheries bodies.’	Refer to Article 6, Item 6.4.1	No effective fisheries statistics & information system/CAS in place. Annual SMW reports published but data reliability problems. Weak data monitoring practices at MBRC.	Comprehensive review of institutional framework needed for compliance this provision, include, review/revision reporting procedures, data collection formats. (MBRC collaboration with SMW Depts. Prod/Mkting, Plan/Follow-up.)
11.5 ‘States should be able to monitor & assess the condition of stocks under their jurisdiction, including the impacts of ecosystem changes resulting from fishing pressure, pollution or habitat alteration. They should also establish the research capacity to assess the effects of climate or environment change on fish stocks & aquatic ecosystems.	Strong, broad formal commitment indicated (SMW 1993,1994a, 1994b, 1995); provisions Law 14 & supplements. MBRC charter. Sponsorship Project LIBFISH.	Stock assessment work under Project LIBFISH. Further follow-up & biological sampling programme at landing sites needed.	LIBFISH technical reports. Routine monitoring and assessment capabilities of MBRC limited in terms of operating budget facilities, and trained & committed staff
11.6 ‘States should support & strengthen national research capabilities to meet acknowledged scientific standards.’	As above.	See 11.1 above.	See 11.1 above.
11.7 ‘…as appropriate in cooperation… relevant international organizations… encourage research to ensure optimum utilization of fishery resources & stimulate the research required to support national policies related to fish as food.’	As above.	Some implementation through recent work of LIBFISH F/Tech Group.	Considerable room for improvement noted, need to strengthen MBRC research, technical support capabilities. LIBFISH F/Tech Group proposal to establish pilot product development unit at MBRC. Also need to build, maintain linkages other relevant national scientific/technical institutes, & develop stronger participation in activities relevant international agencies/fora.
11.8 ‘…conduct research into, & monitor, human food supplies from aquatic sources & environment from which… taken & ensure… no adverse health impact on consumers…. results should be made publicly available’.	As above.	As above.	As above. LIBFISH F/Tech Group proposal to establish fisheries technological laboratory at MBRC.
11.9 ‘…ensure… social, economic, marketing & institutional aspects fisheries adequately researched & comparable data are generated for ongoing monitoring, analysis & policy formulation.’	As above.	As above.	See for 11.1 above.
11.10 ‘…carry out studies on… environmental impact & selectivity of fishing gear… with view to minimizing non-utilized catches & safeguarding bio-diversity of ecosystems & aquatic habitat as aid for management decisions.’	MBRC responsibility under Item 37, Law 14 Tech.Appl.	No implementation.	Major strengthening MBRC capabilities indicated.
11.11 ‘…ensure that before commercial introduction… new types gear… scientific evaluation their impact… The effects of such gear introductions should be monitored.’	As above.	As above.	As above.
11.12 ‘…investigate, document traditional fisheries knowledge, technologies, in particular those applied to small-scale fisheries, …to assess… application… sustainable fisheries conservation, management & development.	Indirect provison under MBRC charter, but nothing explicit.	No specific studies conducted. Some related work through LIBFISH Plan/Stat Group.	Area for continued follow-up. Large database from LIBFISH 1993 Frame Survey exists and could provide partial background material.
11.13 ‘…promote use research results… basis… setting management objectives, reference points & performance criteria [&]… ensure adequate linkages between applied research & fisheries management.	As for 11.1 above.	Implementation generally very weak. Applied research - management linkages not well developed.	As for 11.1 above.
11.14 [States conducting research activities in… jurisdiction another State, subject provisions & should ensure vessels comply laws, regulations of that State & international law.]	N/A	N/A	N/A
11.15 ‘…promote adoption uniform guidelines governing fisheries research conducted on high seas.’	No specific provisions, but demonstrated willingness to participate in regional arrangements.	N/A	N/A
11.16 [Where appropriate, support mechanisms including adoption uniform guidelines, to facilitate regional research, encourage sharing results other regions.]	As above.	Participation in MEDRAP and follow-on network activities; participation in MAP activities.	Indications that participation in regional collaborative research work generally needs to be more systematic, committed, & intensive.
11.17 ‘…directly, or with support… international organizations… develop collaborative… programmes to improve understanding biology, environment, status trans-boundary aquatic stocks.’	As above.	As above.	Recent participation in marine turtle nesting site survey. More involvement similar regional efforts indicated, as above.
11.18 ‘States, relevant international organizations…promote & enhance research capacities developing countries… [for effective participation] in conservation, management & sustainable utilization aquatic living resources.’	Subject regional/ international-level consulations.	N/A	N/A
11.19 [Competent international organizations, where appropriate -- technical, financial support to… investigations previously unfished/very lightly fished stocks.]	Subject regional/ international-level consulations.	N/A	N/A
11.20 [Technical/financial international organizations-requested research support… special attention small island States, less developed countries].	Subject regional/ international-level consulations.	N/A	N/A

LIBFISH TECHNICAL BRIEFING NOTES

01 Lamboeuf, M., A. Mujahid, & N. Elkebir. ‘Reconnaissance survey of the artisanal fishing fleet of Libya.’ TBN No. 1, April 1994. (En/Ar)

02 Bellec, O. ‘Drydocking and refit of RV NOUR and voyage of vessel to Valetta, Malta.’ TBN No 2 April 1994. (En/Ar)

03 Meaden, G.J. ‘Background notes and prospects for a Libyan marine fisheries Geographical Information System.’ TBN No. 3, April 1994. (En)

04 Reynolds, J.E. & M. Lamboeuf. ‘1993 Libyan fisheries frame survey planning & preparation workshop’ TBN No. 4, April 1994. (En)

05 Medina Pizzali, A.F. ‘Technical evaluation and recommendations for the Sabratah fish cannery.’ TBN No. 5, April 1994. (En/Ar - Limited Distribution)

06 Reynolds, J.E. & M. Lamboeuf. ‘1993 Libyan fisheries frame survey: Data handling/dBase management workshop.’ TBN No. 6, May 1994. (En)

07 Reynolds, J.E. ‘Proceedings of the joint MBRC/FAO staff workshop on research training programme development (Tajura, 6 January 1994).’ TBN No. 7, May 1994. (En/Ar)

08 Lamboeuf, M. ‘Notes on the marine resources survey planning workshop (MBRC, Tajura, 31 January 1994).’ TBN No. 8, May 1994. (En/Ar)

09 Medina Pizzali, A.F. ‘Interim report on the national fish handling & processing facilities survey: Workshop proceedings (MBRC, Tajura, 26 March 1994).’ TBN No. 9, May 1994. (En/Ar)

10 Vallet, F. ‘Proposals for MBRC aquaculture facility rehabilitation.’ TBN No. 10, May 1994. (En)

11 Reynolds, J.E., M. Lamboeuf, A. Ben Abdallah, A. Abukhader, R. Abdulbari, & A. Nafati. ‘Preliminary findings of the 1993 Libyan marine fisheries frame survey: Workshop proceedings.’ TBN No. 11, June 1994. (En/Ar)

12 Magsoudi, M. &F. Vallet (eds.) ‘MEDRAP II Artemia Workshop (Libya) & Southern salt lakes mission.’ TBN No. 12, July 1994. (En/Ar)

13 Lamboeuf, M., A. Ben Abdallah, J. Sutherland, & E. Ansel. ‘Libya trawl survey: Preliminary results of the first coverage.’ TBN No. 13, July 1994. (En)

14 Lamboeuf, M., A. Amer, R. Abdulbari, & S. Zgozi. ‘Calibration of SIMRAD EK500 scientific sounder - RV NOUR.’ TBN No. 14 (Rev. 1) June 1995. (En - Limited Distribution. Revision/update July 1994 issue)

15 Meaden, G.J. & J.E. Reynolds. ‘Establishing a marine fisheries GIS: the Libyan experience.’ TBN No. 15, Sept. 1994. (En)

16 Lamboeuf, M. & J.E. Reynolds. ‘The fishing fleet of Libya: preliminary results of the 1993 frame survey.’ TBN No. 16, Oct. 1994. (En)

17 Medina Pizzali, A.F., F. Vallet, & M. Magsoudi. ‘Proposal for an integrated small-scale solar salt and brine shrimp production unit.’ TBN No. 17, Oct. 1994. (En)

18 Vallet, F. ‘Ponds and raceways: Proposals for small-scale model fish farms.’ TBN No. 18, Nov. 1994. (En/Ar)

19 Fituri, A. & F. Vallet. ‘Investigation of Ain Kaam farm shrimp mortality: preliminary findings.’ TBN No. 19, Nov. 1994. (En/Ar - Limited Distribution).

20 Lamboeuf, M. & A. Ben Abdallah. ‘Libya trawl survey: Preliminary results of the second coverage.’ TBN No. 20, Dec. 1994. (En)

21 Vallet, F. & J.E. Reynolds, (eds.) ‘Review of aquaculture fundamentals & the LIBFISH Aqua component programme: Workshop proceedings.’ TBN No. 21, Jan. 1995. (En).

22 Ben Abdallah, A., A. Sanousi & IE. Reynolds (eds.) ‘RV NOUR ‘Workshop Afloat’ and vessel operations training review.’ TBN No. 22, Feb. 1995 (En).

23 El Sherif, R., A. Nafati, & S. El Ajnaf. ‘Seasonal variation of fat and moisture content in small pelagic fish of Libya.’ TBN No. 23, Feb. 1995 (En/Ar)

24 Meaden, G. J. ‘GIS and marine fisheries development for Libya: Workshop notes.’ TBN No. 24, April, 1995 (En).

25 Medina Pizzali, A.F. et. al. ‘Technical evaluation of three Tripoli fish markets.’ TBN No. 25, May 1995 (En/Ar).

26 Lamboeuf, M. et al. ‘Libyan marine resource assessment: trawl survey results, 1993–94.’ TBN No. 26, Aug. 1995 (En).

27 Medina Pizzali, A.F. & A. Ben Abdallah. ‘Introduction of chilled sea water (CSW) holding systems for the lampara fleet.’ TBN No. 27, Sept. 1995 (En/Ar).

28 Lamboeuf, M. & A. Amer. ‘Libyan marine resource assessment: acoustic survey results, 1994.’ TBN No. 28, Sept. 1995 (En).

29 Medina Pizzali, A.F. et. al. ‘Fish quality assessment: Notes on training and technical work.’ TBN No. 29, Sept. 1995 (En).

30 Reynolds, J.E. et. al. ‘Building MBRC technical services in product quality management, fish pathology, and aquaculture.’ TBN No. 30, Sept. 1995 (En/Ar).

LIBFISH FIELD DOCUMENTS

01 Goanec, M. ‘RV NOUR 1993–1994: Chief Engineer's report.’ FD No. 1, June 1994. (En - Limited Distribution)

02 Reynolds, J.E. et al. ‘Libyan coastal fisheries.’ FD No. 2, Sept 1995. (En - July 1994 draft under revision)

03 Ababouch, L., A.F. Medina Pizzali (eds.). ‘Training workshop on fish handling and quality assurance (MBRC, Tajura, Oct. 1994).’ FD No. 3, July 1995 (En - Limited Distribution. Original draft Dec. 1994).

04 Sutherland, J. ‘RV NOUR 1993–1994: Captain/Masterfisher's report.’ FD No. 4, Dec. 1994 (En -Limited Distribution)

05 Ansel, E. ‘RV NOUR 1993–1994: Fishing technology.’ FD No. 5, Dec. 1994 (En - Limited Distribution)

06 Kessler, W. ‘RV NOUR 1994: Chief Engineer's report.’ FD No. 6, Feb. 1995 (En - Limited Distribution)

07 Reynolds, J.E and D.S. Dawid. ‘Project Performance Evaluation Reports (Nov. 1993; June, Sept. & Dec. 1994).’ FD No. 7, Feb. 1995 (En - Limited Distribution)

08 Dawid, D.S. and J.E.Reynolds. ‘Project Performance Evaluation Summary Update: March 1995.’ FD No. 8, Mar 1995 (En/Ar - Limited Distribution)

09 Reynolds, J.E., D. Hadoud, & F. Vallet. ‘Planning for aquaculture development in Libya: A review.’ FD 9. Sept. 1995 (En).

10 Medina Pizzali A.F. et al. ‘Libyan national fisheries post-harvest facilities and enterprises: Survey results.’ FD 10. Aug. 1995 (En - in draft).

11 Vallet, F. ‘Aquaculture component activities: Final report.’ FD 11. Aug. 1995 (En - in draft).

12 Medina Pizzali A.F. ‘Fish Technology component activities: Final report.’ FD 12. Aug. 1995 (En - in draft).

13 Lamboeuf, M. ‘Resource assessment and fisheries statistics activities: Final report. FD 13. Sept. 1995 (En - in draft).

14 Reynolds, J.E. ‘The marine wealth sector of Libya: a development planning overview.’ FD 14. Dec. 1995 (En - in draft).

15 Reynolds, J.E. ‘Preliminary overall Project report: findings and recommendations.’ FD 15. Dec. 1995 (En - in draft).

For further information please contact: Project Manager, LIBFISH
International Mail:		Tajura Office:
	LIB/88/009 - GCP/LIB/021/IsDB		Marine Biology Research Centre
	UNDP Tripoli		P.O. Box 30830
	Palais des Nations		Tajura, LIBYA
	CH-1211 GENEVA 10
	SWITZERLAND
Tel + Fax: (218–21) 690002		Telex: 20523

ANNEX 4 STATUS OF NATIONAL POLICY PROVISION AND IMPLEMENTATION IN RELATION TO DRAFT CODE OF CONDUCT ARTICLES 6 – 11

ANNEX 4
STATUS OF NATIONAL POLICY PROVISION AND IMPLEMENTATION IN RELATION TO DRAFT CODE OF CONDUCT ARTICLES 6 – 11