Dr. Jonathan O.
Dickson
Chief, Capture Fisheries Division, BFAR
CONTENTS
PREFACE
INTRODUCTION
Article 1 - Nature and Scope of the Code
Article 2 - Objectives of the Code
Article 3 - Relationship with other Int’l Instruments
Article 4 - Implementation, Monitoring and Updating
Article 5 -Special Requirements of Developing Countries
Article 6 - General Principles
Article 7 - Fisheries Management
Article 8 - Fishing Operations
Article 9 - Aquaculture Development
Article 10 -Integration of Fisheries into Coastal Area Mgt
Article 11 - Post-harvest Practices and Trade
Article 12 - Fisheries Research
Annex 1 BACKGROUND TO THE ORIGIN AND
ELABORATION OF THE CODE
Annex 2 RESOLUTION Aquaculture Development
FAO TECHNICAL GUIDELINES
FOR RESPONSIBLE FISHERIES
BACKGROUND
Aquatic resources renewable but not infinite
Proper management is required to sustain their contribution to
needs of population
EEZs introduced in the 70s and adopted in 1982
States invested in modern fishing fleets and processing
factories
By the late 1980s fisheries resources could no longer sustain
New approaches to fisheries management embracing
conservation and environmental considerations were urgently
needed
Unregulated fisheries on the high seas ( straddling and highly
migratory fish species) which occur within and outside EEZs
By 1998 200 major fishery resources, 35% are declining
yields, 25% percent leveled at a high exploitation level, 40%
percent showing increasing catches
BACKGROUND
1991 - 19th COFI Session called for devt of new concepts for
responsible, sustained fisheries
1992 – International Conference on Responsible Fishing, Cancun,
Mexico, further requested FAO to prepare an international Code of
Conduct
1992 -The Declaration of Cancun, was an important contribution to
the United Nations Conference on Environment and Development
(UNCED), in particular its Agenda 21
The United Nations Conference on Straddling Fish Stocks and
Highly Migratory Fish Stocks
1993, the Agreement to Promote Compliance with International
Conservation and Management Measures by Fishing Vessels on the
High Seas
1995 - CCRF was unanimously adopted by the FAO Conference
The Code sets out principles and
international standards of behaviour for
responsible practices
The Code recognises the nutritional,
economic, social, environmental and cultural
importance of fisheries, and the interests of all
those concerned with the fishery sector.
The Code takes into account the biological
characteristics of the resources and their
environment and the interests of consumers
and other users
NATURE AND SCOPE OF THE CODE
This Code is voluntary
The Code is global in scope
Directed toward all
The Code provides principles and
standards applicable to the conservation,
management and development of all
fisheries
ARTICLE 2- OBJECTIVES OF THE CODE
establish principles, in accordance with the relevant rules of
international law, for responsible fishing and fisheries activities, taking into account all their
relevant biological, technological, economic, social, environmental and commercial aspects ;
establish principles and criteria for the elaboration and
implementation of national policies for responsible conservation of fisheries
resources and fisheries management and development;
serve as an instrument of reference to help States to
establish or to improve the legal and institutional framework
required for the exercise of responsible fisheries and in the formulation and implementation of
appropriate measures
provide guidance in the formulation
which may be used where appropriate
and implementation of international agreements and other
legal instruments, both binding and voluntary
ARTICLE 2- OBJECTIVES OF THE CODE
facilitate and promote technical, financial and other cooperation in
conservation of fisheries resources and fisheries management and
development
promote the contribution of fisheries to food security and food
quality, giving priority to the nutritional needs of local communities
promote protection of living aquatic resources and their
environments and coastal areas;
promote the trade of fish and fishery products in conformity with
relevant international rules and avoid the use of measures that
constitute hidden barriers to such trade;
promote research on fisheries as well as on associated
ecosystems and relevant environmental factors ; and
provide standards of conduct for all persons involved in the
fisheries sector
ARTICLE 3- RELATIONSHIP WITH OTHER INTERNATIONAL
INSTRUMENTS
iinterpreted and applied in conformity with the relevant rules of
international law, as reflected in the United Nations Convention on the
Law of the Sea, 1982.
Nothing in this Code prejudices the rights, jurisdiction and duties of
States under international law as reflected in the Convention
The Code is also to be interpreted and applied:
consistent with the relevant provisions of the Agreement for the
Implementation of the Provisions of the UNCLOS relating to the
Conservation and Management of Straddling Fish Stocks and
Highly Migratory Fish Stocks;
in accordance with other applicable rules of international law,
including the respective obligations of States pursuant to
international agreements to which they are party; and
the 1992 Rio Declaration on Environment and Development, and
Agenda 21 adopted by the United Nations Conference on
Environment and Development (UNCED)
ARTICLE 5 – SPECIAL REQUIREMENTS OF
DEVELOPING COUNTRIES
The capacity of developing countries to implement
the recommendations are taken into account.
The special circumstances and requirements of
developing countries, including in particular the least-
developed are taken into account
Financial and technical assistance, technology
transfer, training and scientific cooperation and in
enhancing their ability to develop their own fisheries as
well as to participate in high seas fisheries, including
access to such fisheries.
ARTICLE 6 – GENERAL PRINCIPLES
The right
6.1 States and users of living aquatic resources should conserve aquatic ecosystems.
to fish carries with it the obligation to do so in a responsible
manner so as to ensure effective conservation and management of the living aquatic resources.
6.2Fisheries management should promote the maintenance
of the quality, diversity and availability of fishery resources in
sufficient quantities for present and future generations in the context of food security, poverty
alleviation and sustainable development.. Management measures should not only ensure the
conservation of target species but also of species belonging
to the same ecosystem or associated with or dependent upon the target species.
States should prevent overfishing and excess fishing
6.3
capacity and should implement management measures to ensure that fishing effort is
commensurate with the productive capacity of the fishery resources and their sustainable utilization.
States should take measures to rehabilitate populations as far as possible and when appropriate.
ARTICLE 6 – GENERAL PRINCIPLES
6.4 Conservation and management decisions for fisheries should be based
on the best scientific evidence available, also taking into account traditional
knowledge of the resources and their habitat, as well as relevant
environmental, economic and social factors. States should assign priority to
undertake research and data collection in order to improve scientific and
technical knowledge of fisheries including their interaction with the
ecosystem. In recognizing the transboundary nature of many aquatic
ecosystems, States should encourage bilateral and multilateral cooperation
in research, as appropriate
6.5 States and subregional and regional fisheries management
organizations should apply a precautionary approach widely to
conservation, management and exploitation of living aquatic resources in
order to protect them and preserve the aquatic environment, taking account
of the best scientific evidence available. The absence of adequate scientific
information should not be used as a reason for postponing or failing to take
measures to conserve target species, associated or dependent species and
non-target species and their environment.
ARTICLE 6 – GENERAL PRINCIPLES
6.6 Selective and environmentally safe fishing gear and practices should be
further developed and applied, to the extent practicable, in order to maintain
biodiversity and to conserve the population structure and aquatic ecosystems
and protect fish quality. Where proper selective and environmentally safe fishing
gear and practices exist, they should be recognized and accorded a priority in
establishing conservation and management measures for fisheries. States and
users of aquatic ecosystems should minimize waste, catch of non-target species,
both fish and non-fish species, and impacts on associated or dependent species.
6.7 The harvesting, handling, processing and distribution of fish and fishery
products should be carried out in a manner which will maintain the nutritional
value, quality and safety of the products, reduce waste and minimize negative
impacts on the environment
6.8 All critical fisheries habitats in marine and fresh water ecosystems , such as
wetlands, mangroves, reefs, lagoons, nursery and spawning areas, should be
protected and rehabilitated as far as possible and where necessary. Particular
effort should be made to protect such habitats from destruction, degradation,
pollution and other significant impacts resulting from human activities that
threaten the health and viability of the fishery resources.
ARTICLE 6 – GENERAL PRINCIPLES
6.9 States should ensure that their fisheries interests, including the need for
conservation of the resources, are taken into account in the multiple uses of the
coastal zone and are integrated into coastal area management, planning and
development
6.10 Within their respective competences and in accordance with international
law, including within the framework of subregional or regional fisheries
conservation and management organizations or arrangements, States should
ensure compliance with and enforcement of conservation and management
measures and establish effective mechanisms, as appropriate, to monitor and
control the activities of fishing vessels and fishing support vessels.
6.11 States authorizing fishing and fishing support vessels to fly their flags
should exercise effective control over those vessels so as to ensure the proper
application of this Code. They should ensure that the activities of such vessels
do not undermine the effectiveness of conservation and management measures
taken in accordance with international law and adopted at the national,
subregional, regional or global levels. States should also ensure that vessels
flying their flags fulfil their obligations concerning the collection and provision of
data relating to their fishing activities.
ARTICLE 6 – GENERAL PRINCIPLES
6.12 States should, within their respective competences and in accordance with
international law, cooperate at subregional, regional and global levels through
fisheries management organizations, other international agreements or other
arrangements to promote conservation and management, ensure responsible fishing
and ensure effective conservation and protection of living aquatic resources
throughout their range of distribution, taking into account the need for compatible
measures in areas within and beyond national jurisdiction.
6.13 States should, to the extent permitted by national laws and regulations, ensure
that decision making processes are transparent and achieve timely solutions to urgent
matters. States, in accordance with appropriate procedures, should facilitate
consultation and the effective participation of industry, fishworkers, environmental and
other interested organizations in decision making with respect to the development of
laws and policies related to fisheries management, development, international lending
and aid
6.14 International trade in fish and fishery products should be conducted in
accordance with the principles, rights and obligations established in the World Trade
Organization (WTO) Agreement and other relevant international agreements. States
should ensure that their policies, programmes and practices related to trade in fish
and fishery products do not result in obstacles to this trade, environmental
degradation or negative social, including nutritional, impacts.
ARTICLE 6 – GENERAL PRINCIPLES
6.15 States should cooperate in order to prevent disputes . All disputes relating to
fishing activities and practices should be resolved in a timely, peaceful and cooperative manner, in
accordance with applicable international agreements or as may otherwise be agreed between the parties.
Pending settlement of a dispute, the States concerned should make every effort to enter into provisional
arrangements of a practical nature which should be without prejudice to the final outcome of any dispute
settlement procedure.
6.16 States, recognising the paramount importance to fishers and fishfarmers of understanding the
promote
conservation and management of the fishery resources on which they depend, should
awareness of responsible fisheries through education and
training. They should ensure that fishers and fishfarmers are involved in
the policy formulation and implementation process , also with a view to
facilitating the implementation of the Code
ensure that fishing facilities and equipment as well as
6.17 States should
all fisheries activities allow for safe, healthy and fair working and
living conditions and meet internationally agreed standards adopted by relevant international
organizations.
ARTICLE 6 – GENERAL PRINCIPLES
6.18 Recognizing the important contributions of artisanal and small- scale fisheries to employment,
income and food security, States should appropriately protect the rights of fishers
and fishworkers, particularly those engaged in subsistence, small-scale and artisanal
fisheries, to a secure and just livelihood, as well as preferential access, where
appropriate, to traditional fishing grounds and resources in the waters
under their national jurisdiction.
consider aquaculture, including culture-based
6.19 States should
fisheries, as a means to promote diversification of income
and diet. In so doing, States should ensure that resources are used responsibly and adverse
impacts on the environment and on local communities are minimized.
WHAT ARE THE CONTENTS
OF THE FAO TECHNICAL
GUIDELINE No.1
PRACTICAL ADVICE TO IMPLEMENT
CCRF-ARTICLE 8 (FISHING
OPERATIONS)
SPECIFIC RESPONSIBILITIES OF ALL
CONCERNED PARTIES
WHO ARE THE
CONCERNED PARTIES?
STATES
INTERNATIONAL
ORGANIZATIONS
FISHERIES MGT. BODIES
FISHING VESSEL OWNERS,
MANAGERS AND CHARTERERS
FISHERMEN AND THEIR
ORGANIZATIONS
COVERAGE AND
APPLICATION
GLOBAL
VOLUNTARY, BUT INCLUDE
SOME INTERNATIONAL
INSTRUMENTS
ALL FISHING VESSELS
ALL FISHING AND RELATED
ACTIVITES IN ALL OCEANS,
SEAS AND INLAND WATERS
RESPONSIBILITIES OF
ALL STATES
ON FISHERIES RESOURCES
PRECAUTIONARY APPROACH
CONSIDERATION TO SELECTIVITY OF
FISHING GEAR
DEVELOP STANDARD
METHODOOLOGY OF FIHSING GEAR
SELECTIVITY
FISHING CARRIED OUT BY
AUTHORIZED UNITS
ESTABLISH AND OPERATE MCS
LAW ENFORCEMENT
RESPONSIBILITIES OF
ALL STATES
ON ENVIRONMENT
ADOPT STANDARDS TO OPTIMIZE
USE OF ENERGY
PHASE-OUT
CHOLOFLOUROCARBON (CFC)
PROVIDE ADEQUATE RESEARCH
& MONITORING OF ENVIRONMENT
SELECT, IMPROVE AND PROPER
MANAGEMENT OF HARBOUR SITES
& LANDING PLACES
RESPONSIBILITIES OF
ALL STATES
ON FISHERIES SECTOR
ESTABLISH APPROPRIATE MGT POLICIES
MONITOR GEAR AND CATCH
PROMOTE SELECTIVE GEAR
DEVELOP STANDARD METHODOLOGY OF
GEAR SELECTIVITY
ESTABLISH MCS
ESTABLISH & UPDATE VESSELS REGISTRY
ESTABLISH & OPERATE OBSERVERS PROGRAM
APPLY PRECAUTIONARY APPROACH
DISSEMINATE PROGRESS OF RESEARCH
REGULATE TRANSHIPMENT
IMPROVE GIS
RESPONSIBILITIES OF
ALL STATES
ON FISHING INDUSTRY
ENSURE GOOD WORKING CONDITIONS &
SAFETY OF FISHERMEN
ELABORATE MANAGEMENT POLICIES
ISSUE “AUTHORITY TO FISH”
GUARANTEE FISHNG RIGHTS OF ARTISNAL &
SMALL-SCALE FISHERIES
REDUCE CONFLICTS BETWEEN GEARS &
FISHERIES
WHEN APPROPRIATE, USE ARTIFICIAL
STRUCTURES AND/OR FISH AGGREGATING
TECHNOLOGY TO INCREASE STOCK
ABUNDANCE
FLAG STATES
RESPONSIBILITIES
ON INTERNATIONAL FISHING
ISSUE “AUTHORIZATION TO FISH”
ENSURE CONTROL OF AUTHORIZED
VESSEL
CARRY ALL REQUIRED DOCUMENTS
PROPERLY INSURED; MAINTAINED
ACCDG TO NATIONAL AND
INTERNATIONAL CONVENTIONS
PROPERLY MARKED
MANNED BY EXPERIENCED AND
QUALIFIED
ESTABLISH AND MAINTAIN VESSEL
REGISTRY & REPORTING SYSTEM
ISSUE STANDARD OF SAFETY
REPATRIATION OF CREW, WHEN
APPROPRIATE
PORT STATES
RESPONSIBILITIES
INSPECT DOCUMENTS REQUIRED
ONBOARD VESSELS
REPORTING INSPECTIONS
APPREHENSION OF NON-
COMPLIANT VESSELS
PROCEDURE ACCORDING TO
INTENRAITONAL LAWS AND
AGREEMENTS
RESPONSIBILITIES OF
THE INDUSTRY
EQUIPMENT
PROPERLY EQUIPPED
(NAVIGATION, DATA STORAGE,
MONITORING)
EUIPMET TO ENHANCE ENERGY
OPTIMIZATION AND REDUCE THE
EMISSIONS OF DANGEROUS
SUBSTANCE
RESPONSIBILITIES OF
THE INDUSTRY
DOCUMENTS
CARRY ALL DOCUMENTS
ONBOARD, INCLUDING AUTHORITY
TO FISH
INFORM FLAG STATES THE
VALIDITY OF CERTIFICATES AND
“AUTHORIZATION TO FISH”
INSURANCE COVERAGE
RESPONSIBILITIES OF
THE INDUSTRY
OPERATION
RESPECT EXISTING REGULATIONS FOR THE
PREVENTION OF COLLISION AT SEA
MARKING OF VESSELS AND FISHING GEARS
RECOGNIZE THE FISHING RIGHTS (SMALL-
SCALE)
REDUCE CONFLICT AMONG USERS
DEVELOP/USE MORE SELECTIVE GEARS
CONTRIBUTE TO ENERGY SAVING
REPORT LOST FISHING GEAR
MAITAIN GOOD QUALITY OF CATCH
REPORT ACTIVITIES AT SEA (SAILING &
FISHING)
FACILITATE THE CONTROL BY
PATROL/PROTECTION VESELS AND OFFICERS
RESEARCH
RESPONSIBILITIES
ON FISHING
DEVELOP MORE SELECTIVE
FISHING GEARS
DEVELOP STANDARD
METHODOLOGY IN FISHING GEAR
SELECTIVITY
ENVIRONMENTAL AUDIT
(INCLUDING FISHI PORTS)
IMPLEMENT OBSERVERS
PROGRAM
WHY REGIONALIZE THE CCRF ?
CCRF text is a result of negotiation process
where specific regional issues were diluted (or
even avoided)
Global sustainable fisheries is only achieved
with SEA countries taking appropriate action
Need to consider the specific fisheries situation in
the region prior to the implementation of the
CCRF.
WHY REGIONALIZE THE CCRF ?
Cultural Situation:
Historically fish dependent
Traditional catching methods and processing methods
Fisheries Structure
Majority are non-industrial and small scale traditional
fisheries.
Fishing boats are small in size, great in number
Majority fishermen and people involved are as small
scale, coastal and subsistence fisheries
WHY REGIONALIZE THE CCRF ?
Ecosystem
Tropical fisheries resources are multi-species
composition
Dominant species does not compose the
majority of catch
Situations require difference in gear selectivity
and stock assessment methodologies
PROCESS OF REGIONALIZATION
March 1998 – the 30th Meeting of the SEAFDEC
Council supported the program for the
Regionalization the CCRF
June 1998- five regional core experts meet to initiate
draft
November 1998- an “Expert Consultation on the
Regionalization of the Code of Conduct for
Responsible Fisheries Phase 1:Responsible Fishing
Operations”
1999- Experts meeting finalized guideline
Publication
OBJECTIVES
to clarify the requirements
to prioritize the required action;
to identify the areas which require special
consideration in the regional context
COVERAGE AREA
ASEAN countries
Countries with similar fisheries
INTERNATIONAL LEGAL INSTRUMENTS
relevant regulations, principles and requirements
under international law, Agreements and
Conventions are referred to in the CCRF
REGIONAL GUIDELINES FOR
RESPONSIBLE FISHING OPERATIONS
Regional Guidelines was prepared based on
the Article 8 Fishing Operations of the C CRF
General comments for paragraphs from
regional points of view
Specific considerations for regional application;
and,
Required follow up activities
AREAS OF CONCERN
Allowable fishing operation and responsible manner
should be clarified.
Maintenance of records for authorization to fish is
needed.
Data of all fishing operations including statistical
data should be conducted.
Education and Training Programs for fishers.
Marking of the different types of fishing gears due
to lost or abandoned gears giving negative impact
to environment.
Destructive fishing gears should be identified and
banned.
AREAS OF CONCERN
Discards (species thrown away) and stock
assessment should be clarified.
Limitation of the number of fishing boats due to
fishing over capacity.
Reducing discards and improve research on
survival of escaping fish.
Information on ghost fishing (lost or abandoned
gears).
AREAS OF CONCERN
Assessment of the impact of fishing gears
before its introduction.
Environmental and Social Impacts of fishing
gears before introduction.
Introduction of Fishing Gear Selectivity in laws
and regulations should be considered.
Standard methodologies for gear selectivity
research should be developed.
AREAS OF CONCERN
Cooperation on research programs and
research results.
Environmental Impact of fishing gears should
be considered.
Scientific evaluation of new types of gears
before local introduction.
Evaluation of traditional fisheries knowledge
and technologies of small-scale fisheries
should be conducted.
Linkage with RA 8550
• Under the Fisheries Code, provisions that
is similar with the Code of conduct for
Responsible Fisheries include the ff:
– Section 47- Code of Practice for aquaculture
• It shall outline the general principles and guideline
for environmentally sound design and operation to
promote the sustainable development of the
industry
Linkage with RA 8550
• Fisheries Administrative Order No . 214
provides the details of the code of practice for
aquaculture to include guidelines on site
selection, evaluation, farm design and
construction, water usage, water discharge
and effluent management, use of drugs,c
chemicals and pesticides, stock selection and
practices, introduction of exotic and GMO,
feed management, fish health management
and carrying capacity of lakes-based
aquaculture
Linkage with RA 8550
• Another is the issue on Active and Passive
Fishing Gear under Fisheries
Administrative Order 201
• Section 8 & 9 of the Fisheries Code
provides provision under catch ceiling
limitations and also the establishment of
closed season
Linkage with RA 8550
• Various prohibitions under Chapter VI of RA
8550 provides some information on
unauthorized fishing activities, poaching, fishing
using explosives, use of fine mesh nets, use of
active gear, ban on coral exploitation, ban on
muro ami, illegal use of superlights, conversion
of mangroves, fishing in overfished areas,
fishing in fishery reserves, refuge and sanctuary,
fishing of rare, threatened and endangered
species and aquatic pollution