RELEVANCE OF INTERNATIONAL AND REGIONAL INSTRUMENTS TO NATIONAL COASTAL FISHERIES POLICY

RELEVANCE OF INTERNATIONAL AND REGIONAL INSTRUMENTS TO NATIONAL

COASTAL FISHERIES POLICY

UNIT 1

Pio E. ManoaSchool of Marine Studies

Faculty of Islands & Oceans

University of the South Pacific

Coastal Fisheries Policy and Planning Course, 28/01/08 – 8/02/08, Apia, Samoa

Secretariat of the Pacific Community

Unit 1 Objective:

• Understand the fisheries policy processes, institutions and systems: How does it work?

Unit 1 Learning Outcomes:

• Understand the process, influences and trends in fisheries policy

• Identify and apply relevant international and regional instruments in the development of national policy

• Appreciate the different types of national and local institutions in the Pacific Islands region and their basis in law and policy

Unit 1 - Topics covered:

• Overview of fisheries policy processes • International and regional instruments and their

relevance to national coastal fisheries policy• Review of national institutions and systems and

their policy and legislative framework• Policy initiatives for strengthening the

participation of Pacific Island communities in coastal fisheries management and decision-making

Overview

• Influences on policy making

• International and regional instruments

• Policy implications of these instruments

• How principles and concepts in international and regional instruments have been included in national policy

Influences on policy making

• International– FAO Committee on Fisheries (adopts fisheries

instruments)– UN General Assembly (resolutions on

fisheries)– UNEP Regional Seas programme (Noumea

Convention)

Influences on policy making cont’d

• Regional– SPC Heads of Fisheries– Pacific Islands Leaders – Forum Fisheries Committee – SPREP decisions and programmes– USP Capacity Building

Influences on policy making cont’d

• National– Political interests– Economic goals– Development priorities and aspirations– Interests of resource owners/rights holders– Public interests– International and regional obligations

National and regional policies

• National Biodiversity Strategy and Action Plans

• National Development Plans (e.g. Tonga, Kiribati)

• National Fisheries Management Plans

• Regional Coastal Fisheries Strategy

• Pacific Islands Regional Ocean Policy and Integrated Strategic Action Framework

International instruments

• 1982 United Nations Convention on the Law of the Sea

• 1992 Declaration of Cancún• 1992 Rio Declaration on Environment and

Development• Agenda 21, Chapter 17 UNCED• 1995 FAO Code of Conduct for Responsible

Fisheries• 1995 United Nations Fish Stocks Agreement• 2000 Western and Central Pacific Fisheries

Convention

International instruments cont’d

• Agreement to establish a South Pacific Regional Fisheries Management Organisation

• Millenium Development Goals (MDGs)

1982 United Nations Convention on the Law of the Sea

• Sovereignty of coastal State in internal waters, archipelagic waters and territorial sea

• Coastal State duties and rights of third States in archipelagic waters and territorial sea

• Obligation to protect and preserve the marine environment

1995 FAO Code of Conduct for Responsible Fisheries

Non-binding instrument that among others aims to:

a) 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;

b) establish principles and criteria for the elaboration and implementation of national policies for responsible conservation of fisheries resources and fisheries management and development;

c) 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.

1995 FAO Code of Conduct for Responsible Fisheries

Examples of General Principles:• States and users of living aquatic resources should

conserve aquatic ecosystems. The right 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 (6.1).

• Fisheries 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 (6.2).

1995 FAO Code of Conduct for Responsible Fisheries

Examples of General Principles:• States should prevent over fishing and excess fishing

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 (6.3).

• 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(6.4).

1995 FAO Code of Conduct for Responsible Fisheries

Examples of General Principles: • Protection and rehabilitation of all critical

fisheries habitats in marine and fresh water ecosystems, such as wetlands, mangroves, reefs, lagoons, nursery and spawning areas (6.8).

• 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 (6.9).

1995 FAO Code of Conduct for Responsible Fisheries

7.1.1 States and all those engaged in fisheries management should, through an appropriate policy, legal and institutional framework, adopt measures for the long term conservation and sustainable use of fisheries resources. Conservation and management measures, whether at local, national, subregional or regional levels, should be based on the best scientific evidence available and be designed to ensure the long-term sustainability of fishery resources at levels which promote the objective of their optimum utilization and maintain their availability for present and future generations; short-term considerations should not compromise these objectives.

7.1.2 Within areas under national jurisdiction, States should seek to identify relevant domestic parties having a legitimate interest in the use and management of fisheries resources and establish arrangements for consulting them to gain their collaboration in achieving responsible fisheries.

Regional instruments

• Background to regional cooperation in fisheries management

• Role of Forum Fisheries Agency & the Secretariat of the Pacific Community

Regional instruments

• 1979 South Pacific Forum Fisheries Agency Convention

• 1982 Nauru Agreement Concerning Cooperation in the Management of Fisheries of Common Interest

• 1989 Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific

• 1992 Niue Treaty on Cooperation in Fisheries Surveillance and Law Enforcement in the South Pacific Region

Regional instruments

• Pacific Island Regional Ocean Policy and Integrated Strategic Action Framework

• Strategic Plan for Fisheries Management and Sustainable Coastal Fisheries in the Pacific Islands

• Vava’u Declaration on Fisheries

Relevance of International & Regional Instruments

• Sustainable Development

• Sustainable Fisheries

• Responsible Fisheries

Relevance of International & Regional Instruments

• Selected concepts and principles introduced by instruments:– Ecosystem approach to fisheries

management– Rights-based fisheries management– Community-based fisheries management– Use of performance indicators– Application of precautionary approach

Relevance of International & Regional Instruments

• Selected concepts and principles introduced by instruments cont’d:– Exchange of real-time information– Reduction of waste in fisheries– Consideration of interests of indigenous

fishers and fishing communities– Enhancement of Monitoring, Control and

Surveillance measures

Pacific policy initiatives

• PIROP-ISA designed to be compatible with 1982 LOSC, Agenda 21 and other instruments

• Regional Coastal Fisheries Strategy based on MDGs and regional fisheries concerns

• National fisheries management plans/strategies

• Recent national legislation includes recognised principles and concepts

END