FAO Code of Conduct for Responsible Fisheries

FAO Code of Conduct for Responsible Fisheries
Name	FAO Code of Conduct for Responsible Fisheries
Issuer	Food and Agriculture Organization
Adopted	1995
Subject	Fisheries management
Language	English

FAO Code of Conduct for Responsible Fisheries The FAO Code of Conduct for Responsible Fisheries is an international instrument developed to promote responsible practices in capture fisheries, aquaculture, post-harvest handling, and fish trade. It was adopted under the auspices of the Food and Agriculture Organization and reflects consensus-building efforts among member states including United States, China, India, Norway, and Japan. The Code interfaces with instruments such as the United Nations Convention on the Law of the Sea, the Convention on Biological Diversity, the World Trade Organization rules, and regional frameworks like the North East Atlantic Fisheries Commission.

Background and Development

The Code emerged from deliberations in the FAO Conference and the Committee on Fisheries during the late 1980s and early 1990s, influenced by crises documented by institutions including International Whaling Commission, Food and Agriculture Organization of the United Nations panels, and scientific assessments by Intergovernmental Panel on Climate Change contributors. Negotiations involved delegations from European Union, Brazil, South Africa, Australia, and Canada and drew on precedents such as the Brundtland Commission reports and the Rio Declaration on Environment and Development. Drafting incorporated inputs from organizations like World Wide Fund for Nature, The Nature Conservancy, Greenpeace International, and professional bodies such as the International Council for the Exploration of the Sea.

Principles and Objectives

The Code sets out principles aligned with instruments like the United Nations Fish Stocks Agreement and the Stockholm Convention on persistent organic pollutants, emphasizing sustainability, precaution, and ecosystem-based management advocated by entities such as the Scientific Committee on Oceanic Research and the International Union for Conservation of Nature. Objectives include conservation of aquatic habitats referenced by Ramsar Convention, equitable access echoed by World Trade Organization discussions, and social welfare ambitions similar to goals in the International Labour Organization conventions and the Universal Declaration of Human Rights. The Code links resource stewardship to livelihoods in communities represented in forums like the Small Island Developing States meetings and regional bodies such as the Pacific Islands Forum.

Key Provisions and Guidelines

Provisions address fisheries management measures comparable to those in the North Atlantic Salmon Conservation Organization, technical recommendations for fishing gear akin to standards discussed at the International Maritime Organization, and guidelines for aquaculture development parallel to recommendations from the World Bank and Asian Development Bank. It covers bycatch reduction methods discussed at the Agreement on the Conservation of Albatrosses and Petrels, post-harvest practices intersecting with Codex Alimentarius standards, and trade-related transparency reminiscent of WTO notifications. The Code also prescribes fisheries research coordination like projects funded by Global Environment Facility and monitoring approaches resonant with the Group of Experts on Fisheries and regional fisheries management organizations such as Pacific Regional Fisheries Management Organisation.

Implementation and National Adoption

Implementation has been pursued through national strategies modeled after policies in Norway, Iceland, and New Zealand and through capacity-building programs supported by United Nations Development Programme, Asian Development Bank, African Development Bank, and bilateral partners like United States Agency for International Development and Department for International Development (UK). Adopting states integrate Code guidance into statutes similar to those in Philippines fisheries law, regulatory frameworks practiced in Thailand aquaculture, and licensing regimes used in Peru and Chile. Regional seas conventions including the Barcelona Convention and the Nairobi Convention have facilitated harmonization among signatories such as Egypt and Kenya.

Monitoring, Compliance, and Enforcement

Monitoring approaches draw from systems used by European Commission fisheries monitoring, control and surveillance, and technologies promoted by programs like the Global Fishing Watch initiative and satellite services employed by European Space Agency. Compliance mechanisms mirror practices recommended by the United Nations Office on Drugs and Crime for illegal, unreported and unregulated fishing and enforcement partnerships exemplified by cooperative patrols among West African States or joint operations under South Pacific Regional Fisheries Surveillance. International dispute resolution pathways echo modalities in the International Tribunal for the Law of the Sea and arbitration experiences of International Court of Justice cases related to maritime resources.

Impact, Criticism, and Revisions

The Code influenced policy reforms in jurisdictions such as European Union Common Fisheries Policy changes, Canada's fisheries management revisions, and Australia's marine stewardship initiatives, while informing certification schemes like those of the Marine Stewardship Council and corporate sourcing policies by companies such as Walmart and Ikea. Criticisms have been raised by scholars affiliated with Oxford University, Stanford University, and University of British Columbia for perceived non-binding language, implementation gaps noted by World Bank reviews, and enforcement challenges highlighted by Greenpeace International campaigns. Revisions and technical guidelines have been issued through FAO-led working groups and regional workshops involving entities like International Labour Organization, Convention on International Trade in Endangered Species of Wild Fauna and Flora, and scientific bodies including ICES and the Scientific Committee on Antarctic Research.

Category:Fisheries law