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CODE OF CONDUCT FOR RESPONSIBLE FISHERIES

Circumstances Surrounding International Discussion

The Code of Conduct for Responsible Fisheries was developed by the FAO Secretariat upon the recommendation of the 1992 Declaration of Cancun. To facilitate consideration of the draft Code, the FAO organized a Technical Consultation on the Code of Conduct for Responsible Fishing, held in Rome, Italy, from September 26 to October 5, 1994. On October 25, 1995, the text of the Code was adopted by the twenty-eighth session of the FAO Conference. The Code establishes voluntary guidelines and international standards of behavior for responsible fishing practices that will ensure the conservation of aquatic resources. The provisions of the Code are consistent with UNCLOS; Agenda 21, Chapter 17 of UNCED; the Reflagging Agreement; and the United Nations Agreement on Straddling Fish Stocks and Highly Migratory Fish Stocks. Yet, the Code addresses many diverse aspects of fisheries, covering areas not encompassed by the previous agreements, such as coastal zone management, aquaculture, and international trade.

Principles of the Code

While most of the Code reiterates the calls for holistic preservation of the aquatic ecosystem, it extends and strengthens the provisions of certain conservation efforts. The non-binding nature of the Code allows it to recommend more stringent approaches to conservation issues.

Fishery Management

The Code (Article 6.1.2) states that short-term considerations should not impede the long-term objectives of conservation management efforts. To ensure the success of management efforts, the Code advises that long-term objectives be translated into management action. It advocates the economic viability of stock exploitation and the avoidance of overcapitalization. The Code calls for the establishment of mechanisms for reducing fishing vessel capacity to acceptable levels where overcapacity and overcapitalization exist. When submitting data records to the FAO, the Code suggests that vessel operators report capital investments and operating costs.

Fishing Operations

Under the Code, flag states are encouraged to ensure compliance with appropriate safety requirements as well as to promote access to insurance coverage for fishing vessels. Port states are to provide safe and environmentally sound harbors and landing places. Visiting fishing vessels should adhere to internationally accepted minimum standards of health and work safety. The Code suggests that states promote adoption of technology for the best use and care of retained catch. Additionally, environmental impact assessments of gear are advised, including resulting habitat disturbance and the consequences of gear loss and abandonment. The Code encourages states to protect both the atmosphere and the aquatic environment. Offshore structures should be removed under standards and guidelines approved by competent fishery authorities. Research addressing the viability and safety of artificial reefs and fish aggregation devices is endorsed.

Aquaculture

The Code urges states to establish a framework for the promoting responsible aquaculture development. This responsibility includes initiating regular oversight and review to ensure minimal adverse impacts and ecological change. States should implement international codes of practice to ensure genetic diversity of the farm stocks and prevent introduction of non-native species. Responsible aquaculture should be developed in areas of national jurisdiction and transboundary aquatic ecosystems.

Coastal Area Management

Unlike the other Agreements, the Code discusses fisheries within national jurisdictions. States should adopt practices to achieve sustainable fisheries in coastal ecosystems, considering economic, social, and cultural factors. The Code calls for the promotion of the precautionary approach for coastal area management and encourages multidisciplinary management research. Cooperation with neighboring states to coordinate management efforts in adjacent coastal areas is encouraged.

International Trade Practices

The Code promotes responsible use of fish. Provisions advocate that states adopt appropriate measures to protect consumer health, ensuring that consumers receive safe, wholesome, and unadulterated fish and fishery products. Quality assurance standards should be established and applied throughout the industry. States also should cooperate to establish fair and equitable international trade practices that do not jeopardize the sustainable use of living aquatic resources. This includes eliminating market barriers, including tariffs and quotas, and simplifying trade laws without distorting their effectiveness. The Code encourages periodic review of laws and regulations to determine whether the conditions that gave rise to their introduction continue to exist.

Implications

When developing the Code, the FAO examined the conservation efforts of states with successful management schemes. The FAO provided a forum for international discussion and established the Code as a guide for effective management. The non-binding nature of the Code allowed for a broad-based text, with provisions that not all states support. Rather than striving for an enforceable agreement, the FAO generated the Code as a template from which states can draw when developing national fishery policy or regional management agreements. Since some provisions may contradict U.S. policy, (32) the United States probably would not support a binding agreement. Rather, the Code may represent a useful resource from which to borrow language when designing regional management organizations. (33) In the future, the Code may be used as a leveraging tool by states negotiating to establish or restructure regional management arrangements. For example, the United States may face pressure from Canada to more seriously consider the precautionary approach and curb the harvest rates in the southeast Alaska chinook salmon troll fishery.

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