The Code was principally the outcome of the International Conference on Responsible Fishing held in Cancun, Mexico, in May 1992. The consensus reached at the Conference is formalized in the Declaration of Cancun that sets out a list of subjects requiring attention to preserve the aquatic environment. The Code, which is a voluntary instrument, is consistent with the 1982 United Nations Convention on the Law of the Sea. Moreover, the Code takes account of the provisions of Agenda 21, the results of the 1992 FAO Technical Consultation on High Seas Fishing, and the 1984 Strategy endorsed by the World Conference on Fisheries Management and Development. In addition, the Code is consistent with other relevant instruments, including the UN Fish Stocks Agreement and the Compliance Agreement. Global in scope, the Code covers fishing activity both within and beyond zones of national jurisdiction. Furthermore, the Code embraces a wide range of important fishery issues such as overcapacity of the global fishing fleet, the inadequate control of vessels by flag States, the inadequate provision of fishery data to both flag States and coastal States for fisheries management, and trade restrictions intended to achieve environmental protection. The Code consists of 12 articles and two annexes. Articles 1 to 5 cover the nature and scope of the Code; its objectives; its relationship with other international instruments; implementation, monitoring and updating procedures; and the special requirements of developing countries. The substantive provisions are found in Articles 6 to 12. Article 6 describes the general principles of the Code, making reference to the subsequent more detailed Code provisions. Article 7 deals with Fisheries Management, Article 8 with Fishing Operations, Article 9 with Aquaculture Development, Article 10 with Integration of Fisheries into Coastal Area Management, Article 11 with Post-Harvest Practices and Trade, and Article 12 with Fisheries Research. The articles of the Code cover a considerable number of critical issues in contemporary fisheries conservation and management. The precautionary approach is included and specifically related to those fishing practices that are particularly damaging to the environment. For example, the Code provides management objectives which include measures to minimize "pollution, waste, discards, catch by lost or abandoned gear, catch of non-target species, both fish and non-fish species, and impacts on associated or dependent species, such as uncertainty relating to the size and productivity of stocks, and the impact of fishing activities (including discards) on non-target and associated or dependent species". The Code, as do other recently concluded international fishery instruments, places high priority on the role of regional fishery bodies (RFBs) in providing the mechanism for establishing a responsible international fisheries regime. Indeed, in the introductory article, it is explained that the Code calls upon all those involved in fisheries to take measures towards its implementation. In the first of the substantive articles (Article 6.5), the Code points out that RFBs should apply a precautionary approach to the conservation, management and exploitation of living aquatic resources. The Article 7 provisions on fisheries management make numerous references to the role of RFBs in achieving management objectives; providing a management framework and procedures; gathering data and offering management advice; applying the Precautionary approach; describing management measures; and generally implementing the Code. Go to the full text of the Code of Conduct for Responsible Fisheries In this section
|
||||||
