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FISHERY COMMITTEE FOR THE EASTERN AND CENTRAL ATLANTIC

(Sub-committee on Management of Resources Within the Limits of National Jurisdiction)
Tenth Session


8-11 December 1997
Lome, Togo

REGIONAL STRATEGY FOR THE IMPLEMENTATION OF THE CODE OF CONDUCT FOR RESPONSIBLE FISHERIES

BACKGROUND

1. The Code of Conduct for Responsible Fisheries was adopted unanimously by the Twenty-eighth Session of the FAO Conference in October 1995. The Code covers all fisheries and related activities and, as a voluntary instrument, does not have to be formally accepted by States. It seeks to ensure that aquatic resources are exploited and utilised responsibly and in accordance with long term principles of sustainability. In addition to its general principles, the Code addresses fisheries management, fishing operations, aquaculture development, integration of fisheries into coastal area management, post-harvest practices and trade and fisheries research

2. At its Twenty-eight Session, the FAO Conference requested FAO, in collaboration with members and interested organisations, to elaborate, as appropriate, technical guidelines in support of the implementation of the Code. FAO has established the series "Technical Guidelines for Responsible Fisheries". Five sets of guidelines have already been published dealing with, respectively, fishing operations, the precautionary approach to capture fisheries and species introductions, integration of fisheries into coastal area management, fisheries management and aquaculture development. Further guidelines in the series are planned.

3. The 1993 FAO Conference adopted the Agreement to Promote Compliance with International Conservation and Management measures by Fishing Vessels on the High Seas (Compliance Agreement) which is an integral component of the Code of Conduct. Many of its elements are already being adopted by States as their fisheries legislation is revised and other policy changes implemented concerning national authorizations for vessels to fish on the high seas. It will enter into force on the date of receipt by the Director General of FAO of the twenty fifth instrument of acceptance. By 15 June 1997, acceptance has been received from Argentina, Canada, Georgia, Madagascar, Myanmar, Norway, St. Kitts and Nevis, Sweden, USA and the European Community.

4. The 1995 United Nations General Assembly adopted the Agreement for the Implementation of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UN Fish Stocks Agreement). The Agreement provides concrete and innovative provisions for the coordinated management of stocks occurring in zones of national jurisdiction and on the high seas, and which are the target resources for many of the world’s most important and valuable commercial fisheries. However to implement fully the Agreement there must be a high degree of international cooperation between coastal States and high seas fishing nations on a range of fundamental technical issues.

5. The Code, the Compliance Agreement and the UN Fish Stocks Agreement are essentially complementary in nature. While the latter two instruments have a more restricted focus than the Code, these three instruments ultimately have similar goals and objectives in that they generally seek to achieve enhanced fisheries conservation and management in the broadest sense.

PROMOTION AND IMPLEMENTATION OF THE CODE OF CONDUCT

6. Article 4 of the Code states that members and non-members of FAO, and all persons concerned with the conservation, management and utilisation of fisheries resources and trade in fish and fishery products should collaborate in the fulfilment and implementation of the objectives and principles contained in the Code. To this end, the implementation of the Code is being promoted by FAO at the international, regional and national levels through both Regular Programme and Field Programme activities.

7. FAO, alone and in concert with its members and other organisations, has taken a number of steps to promote the implementation of the Code. Where appropriate and necessary, FAO will seek to customize areas and activities of the Code to ensure that regional specificities are addressed in the implementation of the Code. The issue of promotion is being addressed at government level, through industry channels and with inter- and non-governmental organisations. In addition, some States at their own initiative (e.g. Canada) have initiated national measures, including workshops, to promote the Code widely and to ensure that the fishing industry, for example, is well briefed on technical and related aspects.

8. The initiatives, inter alia, that FAO has pursued in implementing the Code include the following:

9. At its Twenty-second Session COFI agreed that a progress report on implementation of the Code should be presented every two years which would include information on FAO activities, proposed guidelines to implement the Code, and on inter-regional programmes, as well as application at national level. FAO regional fishery bodies will also be used as vehicles for reporting and disseminating information on progress achieved with the implementation of the Code.

ASSISTANCE TO DEVELOPING COUNTRIES

10. FAO Conference Resolution 4/95, recalling Article 5 of the Code, urges that the special requirements of developing countries be taken into account in implementing its provisions. It also requests that FAO elaborate an inter-regional programme for external assistance. The purpose of this programme is to upgrade the fisheries capabilities of developing countries so that they will be better placed to meet their obligations under the Code.

11. In 1995-96, FAO elaborated the inter-regional programme in ten areas covered by the Code and submitted the programme to the international donor community for possible funding. In response, the Government of Norway has agreed to provide support for upgrading capabilities in monitoring, control and surveillance, and for provision of scientific advice for fisheries management. The Government of the Netherlands has agreed to support the areas of fisheries policy, planning and management and of umbrella support to non governmental organisations. Other donors have also expressed interest in supporting some of the remaining areas of the programme but have not yet made firm commitments.

12. All FAO regional fisheries bodies and other relevant bodies have been requested to schedule an item on the Code in their respective meeting agendas. Where this has been done it has resulted in various initiatives, including the organisation of technical consultations, workshops, and seminars at various levels with a view to strengthening regional cooperation and facilitating exchange of experiences. This could facilitate implementation of the Code at national, regional, and sub-regional levels.

IMPORTANCE OF THE CODE OF CONDUCT AND COMPLIANCE AGREEMENT TO FISHERIES OF THE EASTERN CENTRAL ATLANTIC

13. The Code of Conduct have particular relevance to Eastern Central Atlantic States where fisheries resources for national food security and for the promotion of social and economic development are important. The Code seeks to ensure that both high seas and exclusive economic zone (EEZ) fisheries are developed and utilised in a rational and responsible manner, since they "provide a vital source of food, employment, recreation, trade and economic well-being for people throughout the world, both for present and future generations" (see Introduction to the Code).

14. Fisheries in the Eastern Central Atlantic Ocean are important in terms of potential for providing large quantities of low value small pelagics for local human food, as well as cash and foreign exchange from smaller volumes of high value fish, crustacea and molluscs. They are essential to many of the local economies and their sustainability must be ensured.

15. The Code of Conduct intends to help coastal and fishing nations of the region in and members of the Committee are urged to take into account the measures required at national level to implement fully the Code and also to ratify the Compliance Agreement. Moreover, where shared resources exists and common issues need to be addressed, members are further urged to initiate and participate in subregional and regional activities that will serve to strengthen the implementation of the Code in the CECAF region.

MAJOR ISSUES OF THE TWENTY-SECOND SESSION OF COFI OF RELEVANCE TO THE CECAF REGION

16. Members of the Sub-Committee are informed that FAO will, as directed by the Twenty-second Session of COFI, provide questionnaires for reporting on implementation of the Code. These questionnaires will serve to facilitate and standardise reporting among States and across regions.

SUGGESTED ACTION BY THE SUB-COMMITTEE

17. Members of the Sub-Committee are invited to advise on action that might be taken nationally and regionally to implement the Code, and in particular those provisions which are of most importance to the CECAF region. This information should lay the basis for the elaboration of a regional CECAF strategy for the implementation of the Code and to this end members are further invited to identify the critical elements that should form the basis of the regional strategy.