Relevance of International and Regional Instruments to National Coastal Fisheries Policy

Unit 1 – Fisheries Policy Processes, Institutions and Systems – Lecture Notes – Pio Manoa – Nov 2007

UNIT 1 FISHERIES POLICY PROCESSES, INSTITUTIONS AND SYSTEMS

RELEVANCE OF INTERNATIONAL AND REGIONAL INSTRUMENTS TO NATIONAL COASTAL FISHERIES POLICY

International and regional instruments and their relevance to national coastal fisheries policy

This lecture surveys existing international and regional instruments and their relevance and use in national coastal fisheries policy. Non-binding instruments that will be covered include Agenda 21 and the Rio Declaration, the FAO Code of Conduct for Responsible Fisheries, and the Pacific Islands Regional Ocean Policy and its Strategic Action Framework. Binding instruments include the 1995 UN Fish Stocks Agreement and the 2000 Western and Central Pacific Fisheries Convention.

Expected duration:1.5 hours

Introduction

International and regional instruments continue to play an influential role in fisheries policy at the national level throughout the world. Since the 1992 Earth Summit, there has been increased attention on the need to strengthen fisheries management as management practices employed earlier were not effective. Sustainable development concepts have since been promoted and have been included in various international instruments.

As a region, PacificIslandsStates and territories have established numerous regional and sub-regional instruments to improve management of fish stocks. Most of these regional and sub-regional instruments have been internalized in national policy and legislation. However, these instruments place an emphasis on oceanic fisheries management rather than coastal fisheries management. The lecture will however discuss policy implication of all relevant instruments and how they may be applied in coastal fisheries policy.

International Instruments[1]

At the international level, the 1982 United Nations Convention on the Law of the Sea (LOSC) is widely acknowledged as the ‘constitution’ for the sea. The LOSC codified many principles and rules relating to the sea. The LOSC also specifies maritime zones which States could claim as well as the powers that coastal States enjoy and the rights of other States in each maritime zone. During the negotiations of the LOSC, a number of Pacific Island States were involved and supported initiatives such as the archipelagic State regime and the creation of the Exclusive Economic Zone. These zones expand the maritime territory of Pacific Island States and also impose the burden of protecting and preserving the marine environment as well as ensuring sustainability.

The Earth Summit was a landmark meeting that focused attention on people and their environment. The Summit served to re-orientate international thinking about how the environment and natural resources, including fisheries, should be used. Chapter 17 of Agenda 21 provides for oceans, coasts and fisheries.[2]After the Earth Summit, the following agreements were concluded:

• 1993 FAO Compliance Agreement;
• 1995 FAO Code of Conduct for Responsible Fisheries (and the associated International Plans of Action and Technical Guidelines); and
• 1995 UN Fish Stocks Agreement.

The 1995 UN Fish Stocks Agreement gave rise to the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean.

Other fisheries initiatives that were designed to promote long-term conservation and sustainable use and support the goals and intent of Agenda 21 include the

• 1992 Cancún Declaration on Responsible Fishing;
• 1995 Kyoto Declaration and Plan of Action on the Sustainable Contribution of Fisheries to Food Security;
• 1999 Rome Declaration on the Implementation of the Code of Conduct for Responsible Fisheries;
• 2001 Reykjavik Declaration on Responsible Fisheries in the Marine Ecosystem
• The fisheries goals in the Plan of Implementation for the 2002 Johannesburg World Summit on Sustainable Development

1993 FAO Compliance Agreement

The 1993 FAO Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (Compliance Agreement) is an integral part of the Code of Conduct, even though its legal status is different from the voluntary Code of Conduct for Responsible Fisheries. It was adopted in 1993, but did not come into force until 2003. Thirty two countries have accepted the Agreement, mainly flag states committing themselves to be responsible flag states – only Cook Islands has accepted the Agreement in the region.

The Compliance Agreement is complemented by the subsequent 1995 UN Fish Stocks Agreement and the 1995 FAO Code of Conduct for Responsible Fisheries. They all provide a consistent legal foundation for achieving the goal of long-term conservation and sustainable use of the fisheries resource. The objective of the Compliance Agreement is to deter re-flagging of fishing vessels to avoid compliance with internationally agreed conservation and management measures, which undermines the work of RFMOs. Further detail is provided in Appendix 1 and at http:/

1995 Code of Conduct for Responsible Fisheries

The 1995 FAO Code of Conduct for Responsible Fisheries, which has its roots in the LOSC, was concluded in the aftermath of the International Conference on Responsible Fishing (Cancún, Mexico, 6–8 May 1992) and the Earth Summit. These conferences, respectively, adopted the Cancún Declaration and Agenda 21.

The concept of responsible fisheries and the possibility of creating guidelines or a code of practice for responsible fisheries that would take into account all the technical, socio-economic and environmental factors was first discussed by the 1991 Session of the Committee on Fisheries (COFI). The concept of responsible fisheries emerged during discussions about large-scale pelagic driftnet fishing.

COFI acknowledged that FAO had an important role to play in promoting international understanding about the responsible conduct of fishing operations, and it was in this way that the concept of and the need for a Code of Conduct was conceived. Following an extensive consultative and negotiation process among FAO members, the FAO Conference unanimously adopted the Code in October 1995.

Four IPOAs have been concluded within the framework of the 1995 Code of Conduct for Responsible Fisheries. These IPOAs address

• reducing the incidental catch of seabirds in longline fisheries;
• the conservation and management of sharks;
• the management of fishing capacity; and
• the prevention, deterrence and elimination of IUU fishing.

These IPOAs focus on particular fisheries issues that are deemed to warrant special urgent attention because of their negative effects on fisheries and the environment. Countries are urged to develop national plans of action to give effect to the IPOAs. This requires fisheries managers to assess carefully their respective national positions with respect to each of the IPOAs and, in turn, take steps to address them. Each of the IPOAs provide guidance to fisheries managers about how the national plans should be elaborated and the timeframes within which the national plans should be concluded.

The Code of Conduct is a global instrument, and it is recognised that it is not equally applicable to all countries. Moreover, the Code focuses more intensively on industrial fishery issues than on problems of particular importance to small-scale fisheries. As a result, without deviating from the overriding purpose and intent of the Code, fisheries managers should, based on their national situations and needs, strive to implement the Code, taking account of national circumstances and priorities, with attention to the special requirements of developing countries, including SIDS (Article 5).

In the PacificIslands region, much of the focus of implementation of the international instruments was initially at regional level, responding to global concerns over control of fishing in the high seas. However, in the last few years, implementation in the region at national level has increased as indicated by:

• systematic revision of national laws incorporating the principles of responsible and sustainable fisheries
• broader application of community-based approaches to fisheries management
• increasing participation by non-governmental stakeholders including environmental and industry NGOs
• application of the ecosystem approach in tuna fisheries
• institutional reforms that have emphasised strengthening of monitoring, assessment and management and conservation aspects of fisheries
• capacity building gains in skills in these areas
• increased attention to mitigating impacts on non-target species
• several initiatives to prepare IPOAs

For information about the Code of Conduct for Responsible Fisheries, go to the webpage found at

1995 United Nations Fish Stocks Agreement

The 1995 UN Fish Stocks Agreement was developed in response to a call from UNCED for cooperation to ensure that high seas fisheries are managed in accordance with the provisions of the United Nations Convention on the Law of the Sea, particularly highly migratory and straddling stocks. The Agreement serves to strengthen and supplement the provisions of the 1982 Convention dealing with straddling stocks and highly migratory stocks. It sets out detailed rules and minimum standards to be followed and steps to be taken by States and RFMOs to settle disputes if and when they arise. The Agreement entered into force on 11 December 2001.

The purpose of the Agreement is “to ensure the long-term conservation and sustainable use of straddling fish stocks and highly migratory fish stocks through effective implementation” of the relevant provisions of the LOSC.

While the Agreement only address the conservation and management of straddling and highly migratory fish stocks, the general principles found in Article 5, the obligation to apply the precautionary approach (Article 6) in accord with the guidelines in Annex II, and the need to ensure compatibility of measures in zone and beyond in Article 7 is relevant to coastal fisheries. These articles are provided in Attachment B.

For information on the Agreement and its status, go to the webpage found at

2000 Convention for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean

The Convention for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC Convention) was concluded in 2000 within the framework of the LOSC and its implementing agreement, the 1995 UN Fish Stocks Agreement. The structure and content of the WCPF Convention parallels the 1995 UN Fish Stocks Agreement. The Convention was the first agreement of its type to be concluded for highly migratory fish stocks under the 1995 UN Fish Stocks Agreement.[3] It is a landmark agreement for Pacific Island Countries and the management of highly migratory fish stocks.

The purpose of the Convention is to provide for the comprehensive conservation and management of highly migratory fish stocks in the Convention Area: “to ensure, through effective management, the long-term conservation and sustainable use of highly migratory fish stocks in the western and central Pacific Ocean in accordance with the 1982 Convention and the Agreement” (i.e., the 1995 UN Fish Stocks Agreement).

The Convention came into force in June 2004, and was brought into force by its ratification by 10 PacificIsland countries with Australia, Korea and New Zealand. Subsequently, all PacificIslandStates and all major fishing states in the region have become Commission Members. The Commission has introduced measures relating to fishing activity on the high seas and in national waters.

For information about the Convention and the Commission, go to the webpage found at

South Pacific Ocean Regional Fisheries Management Agreement

The latest international fisheries instrument relevant to the PacificIslands region to be developed is the South Pacific Ocean Regional Fisheries Management Agreement. Negotiation of this agreement is in its final stages. The agreement applies to the high seas in a large area of the South Pacific from Chile across to Australia. The northern border of the area for the Western Pacific is not yet established, so it is not yet clear how much, if any, of the PacificIslands region will be covered by this Agreement.

The agreement will establish a new organisation, called the South Pacific Regional Fisheries Management Organisation (SPRFMO). The SPRFMO will have functions that roughly parallel those of the WCPF Commission, applying to the straddling and discrete high seas stocks that are not covered by the WCPF Convention. The major existing fisheries that will be covered include the large mackerel fishery in the high seas of the eastern South Pacific and the deep bottomfish species complex on the under sea ridges and plateaus, of which orange roughy is the most sought after species.

For information about this initiative, go to the webpage found at

Other International Instruments:

Millenium Development Goals

The MDGs emanated from the United Nations Millenium Declaration adopted by the UNGA in September 2000.[4] The MDGs have influenced the Strategic Plan for Coastal Fisheries endorsed in 2003 and influence the work of international and regional organisations in the region. Goals 1, 7 and 8 are relevant to coastal fisheries. Goal 1 aims to eradicate poverty and hunger, goal 7 promotes environment sustainability, and goal 8 supports global partnerships for development.

Goal 1:

• Reduce by half the proportion of people living on less than a dollar a day
• Reduce by half the proportion of people who suffer from hunger

Goal 7:

• Integrate the principles of sustainable development into country policies and programmes; reverse loss of environmental resources
• Reduce by half the proportion of people without sustainable access to safe drinking water
• Achieve significant improvement in lives of at least 100 million slum dwellers, by 2020

Goal 8 aims include:

• Develop further an open trading and financial system that is rule-based, predictable and non-discriminatory, includes a commitment to good governance, development and poverty reduction— nationally and internationally
• Address the least developed countries' special needs. This includes tariff- and quota-free access for their exports; enhanced debt relief for heavily indebted poor countries; cancellation of official bilateral debt; and more generous official development assistance for countries committed to poverty reduction
• Address the special needs of landlocked and small island developing States
• In cooperation with the private sector, make available the benefits of new technologies— especially information and communications technologies

Regional Instruments[5]

Regional cooperation in the PacificIslands region is well developed and recognised internationally. This cooperation is promoted through the work of three technical regional agencies: the Forum Fisheries Agency, the Marine Resources Division of the Secretariat of the Pacific Community and the Secretariat of the Pacific Regional Environment Programme. One of the outstanding features of regional cooperation in fisheries is the extent to which countries have been able to coordinate and harmonise their policies and activities in areas of common concern.

Initially, regional fisheries cooperation was focused on arrangements with distant-water fishing nations and entities (DWFNs) that target tuna stocks in exclusive economic zones (EEZs). But recently, Pacific Island Countries have broadened their focus to include fostering and controlling domestic fleets as those fleets grow in importance. Along with the right to expand development of domestic fishing industries, is the right of responsibility in maintaining effective sustainable fisheries management and that stocks are kept above sustainable levels.

The international community recognises that Small Island Developing States (SIDS) have special needs and that they face a range of uncertainties not confronted by most other continental developing States. Almost without exception, SIDS have fragile economies, and this situation is made worse by environmental concerns that pose substantial threats to the survival of many SIDS, especially those consisting of low-lying islands and atolls.

Fisheries are the lifeline of SIDS in the PacificIslands region. While the degree of economic and social dependence varies among countries, some of them, such as Kiribati, depend on tuna to a very large extent for food security and as a means to promote national development.

In fostering regional fisheries cooperation in the PacificIslands region, countries must strike a balance between their national interests and those of their neighbours in the region. It has been demonstrated that national and regional interests do not always coincide on fisheries issues. Nonetheless, through consensus building and the recognition that not all countries will benefit equally, agreement is usually reached and a common approach adopted. This process, which sometimes involves national sacrifice in the interest of the common regional good, has been viewed with enthusiasm by other regions of the world where fisheries cooperation has not achieved the same level of development or dynamism as in the PacificIslands region.

Regional fisheries cooperation in the PacificIslands region has been formalised in a number of instances through regionally adopted instruments. The purpose of these instruments is to strengthen the conservation and management of shared fisheries in the region and to put in place arrangements that will facilitate long-term sustainable and responsible practices.

Like their international counterparts, regional instruments need to be implemented. States are, therefore, required to develop policy that supports the instruments and, in turn, and as appropriate, take action to revise legislation to give effect to them. Fisheries managers should be well briefed on the purpose, role and status of regionally concluded instruments, even if their governments are not party to them.

Regional and sub-regional instruments adopted include:

1979 South Pacific Forum Fisheries Agency Convention

The FFA Convention resulted from the decision by the South Pacific Forum to decline a proposal to establish a regional fisheries commission like the WCPF Commission and to establish instead a regional fisheries agency open only to members of the South Pacific Forum. The decision was a response to the refusal of some fishing states to accept coastal state sovereign rights over tuna and a belief by Forum Members that they needed to cooperate among themselves to put in place their EEZs and associated legal and technical frameworks before entering into an organisation with fishing states. However the FFA Convention also includes recognition of the need for “additional international machinery to provide for co-operation between all coastal states in the region and all states involved in the harvesting of such resources” which subsequently led to the negotiation and adoption of the WCPF Convention.