Party to the agreement to accept it and adopt
measures consistent with its provisions.
Fish Stocks Agreement
The Agreement for the Implementation of the
Provisions of the United Nations Convention
on the Law of the Sea of 10 December 1982
relating to the Conservation and Management
FIGURE 39
INTERNATIONAL LEGAL FRAMEWORK FOR FISHERIES
ALMOST 50 VOLUNTARY AND TECHNICAL GUIDELINES BASED ON THE CODE
CODE OF
CONDUCT FOR
RESPONSIBLE
FISHERIES
FAO
COMPLIANCE
AGREEMENT
PORT STATE
MEASURES
AGREEMENT
UNITED NATIONS
FISH STOCKS
AGREEMENT
UNITED NATIONS
CONVENTION
ON THE LAW
OF THE SEA
1985
1990
1995
2000
2005
2010
2015
2020
SOURCE: FAO.
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THE STATE OF WORLD FISHERIES AND AQUACULTURE
2020
of Straddling Fish Stocks and Highly Migratory
Fish Stocks (United Nations Fish Stocks
Agreement) was adopted in 1995 by the United
Nations Conference on Straddling Fish Stocks
and Highly Migratory Fish Stocks with a
view to implementing the relevant provisions
of UNCLOS. This agreement establishes a
requirement for management regimes based on
the precautionary principle and the best available
scientific information.
Port State Measures Agreement
The Agreement on Port State Measures to
Prevent, Deter and Eliminate Illegal, Unreported
and Unregulated Fishing (PSMA) was adopted
by the FAO Conference in 2009 and entered into
force in 2016. It is the only binding international
agreement specifically developed to combat
illegal, unreported and unregulated (IUU)
fishing. Its objective is to prevent, deter and
eliminate IUU fishing by preventing vessels
engaged in IUU fishing from using ports and
landing their catches. In this way, the PSMA
reduces the incentive for such vessels to continue
operating while, at the same time, blocking
fishery products derived from IUU fishing from
reaching national and international markets.
Code of Conduct for Responsible Fisheries
The Code consists of a collection of principles,
goals and elements pertaining to the
conservation, management and development of
living aquatic resources, with due respect for
the ecosystem and biodiversity. Although the
Code represents a global consensus or agreement
on a wide range of fisheries and aquaculture
issues, the application of the Code is voluntary.
The Code is to be interpreted and applied
in conformity with the relevant rules of
international law, and nothing in the Code
prejudices the rights, jurisdiction and duties of
States under international law as reflected in
UNCLOS. As at the end of 2018, the set of Code
products or “instruments” consisted of 8 sets
of guidelines, 8 legal instruments (including
the Code itself), 4 international plans of
action, 3 strategies and 32 technical guidelines.
The monitoring of the Code’s implementation is
conducted through three biennial questionnaires,
as discussed in the section Progress on the road
to sustainability, p. 96.
Implementation of the Code
Much has changed in the past 25 years, from
overfishing to rapid development in international
trade in fish and fish products, to the rapid
growth of aquaculture, and to the recognition
of the impacts of climate change on fisheries
and aquaculture. Fish and fish products are now
among the most traded food commodities in the
world, totalling an estimated USD 145 billion
in 2017. Fish is the main source of animal
protein for billions of people worldwide, and
the livelihoods of more than 10 percent of the
global population depend on capture fishing and
aquaculture (FAO, 2018a).
In the past 25 years, FAO and many other
organizations and institutions have worked to
promote the implementation of the Code and
its supporting instruments. These supporting
instruments, consisting of some 50 international
and technical guidelines, 4 international plans
of action and 3 strategies, have developed and
adapted to support the international community
in meeting emerging challenges. FAO has
facilitated hundreds of conferences, workshops,
expert and technical consultations to elaborate
and disseminate the Code and its supporting
instruments, and to support implementation
of the Code at the regional, national and
local levels.
Currently, the Code is available in more than
40 languages. It has guided the efforts of FAO
and other international organizations and
development agencies to provide legal, policy
and technical advisory services and assistance
to governments in the formulation or revision of
national fisheries and aquaculture legislation,
policy and institutional arrangements, and on
related issues. It has informed support services to
regional and subregional fisheries organizations
in improving their legal framework to promote
regional mechanisms and cooperation. It has
shaped the development of technical capacity
of governments to strengthen research,
statistics and information systems to support
evidence-based policy decisions at the national
and regional levels.
Conclusion
As a universally adopted and applicable policy
instrument, the Code has been a facilitator of
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PART 2
SUSTAINABILITY IN ACTION
change, catalysing cooperation at the local,
regional and global levels. Today, the fisheries
policies and legislation of most countries are
compatible with the Code. The Code and its
instruments have shaped fisheries policies,
legal and management frameworks worldwide,
instilling key principles of sustainable and
responsible development of fisheries and
aquaculture. The Code has also served as an
important catalyst for incorporating conservation
and environmental considerations into fisheries
and aquaculture management, and inspired
the development of the ecosystem approach to
fisheries and aquaculture.
For a world population expected to exceed
9 billion by 2050, the Code and its related
instruments provide the framework to promote
sustainable fisheries and aquaculture and
increase the role they play in sustainable
food systems. Moreover, the Code provides
the guidance needed to shape how to address
new and emerging issues in fisheries, such as
sustainable aquaculture development, ocean
degradation, social responsibility, biodiversity
conservation and climate change. Thus, the
Code will be fundamental to international
work in fisheries and aquaculture in support of
the 2030 Agenda for Sustainable Development
(2030 Agenda).
Progress on the road to sustainability – what
the Code questionnaire reveals
A mandate of COFI, as stipulated by Article 4
of the Code, is that FAO will report to COFI
every two years concerning implementation
of the Code (
Figure 40
). This task is largely
performed using the FAO Questionnaire on
the Implementation of the Code of Conduct
for Responsible Fisheries and Related
Instruments, which covers each article of
the Code. FAO sends the questionnaire to
all Members, regional fishery bodies (RFBs),
and selected non-governmental organizations
biennially, and the responses form the basis
of a progress report for discussion at COFI.
To date, FAO has prepared 11 such reports.
FAO also sends out two other questionnaires
to further monitor the implementation of the
Code’s Articles 9 (Aquaculture development)
and 11 (Post-harvest practices and trade).
Their results are discussed biennially at the COFI
Sub-Committee on Aquaculture and the COFI
Sub-Committee on Fish Trade, respectively.
In 2014, the Code questionnaire was digitalized,
permitting participants to answer the questions
succinctly, and helping with reporting on the
application of the Code, as well as related
developments. In 2016, 115 of the 193 Members
responded to the questionnaire, an increase
of 20 per cent since 2014; and for the latest
questionnaire (in 2018), this figure rose again, to
128 Members responding.
At its Thirty-second Session in 2016, COFI agreed
to the use of the data from the questionnaires for
national reporting on SDG indicators and Aichi
Biodiversity Targets, with due consideration for
confidentiality. Subsequently, methodologies
for SDG Indicators 14.6.1 (IUU fishing) and
14.b.1 (Access rights for small-scale fisheries)
were finalized in consultation with the COFI
Secretariat and approved by the Inter-agency
and Expert Group on SDG Indicators. In parallel,
the COFI Secretariat expanded sections in
the questionnaire that are relevant to these
SDG indicators and Aichi Biodiversity Target
reporting. The increasing influx of work being
done in conjunction with these platforms is
enabling discreet elements of the questionnaire
to be processed in an unprecedented way.
Fisheries management
At the regional and global level, the
questionnaire responses indicate a strong trend
toward improvements in fisheries management
in both marine fisheries and inland fisheries
(
Figures 41
and
42
).
Another positive trend in the past decade
has been the use of the ecosystem approach
to fisheries (EAF) as the preferred fisheries
management system. Three-quarters of Members
report they have adopted the EAF, and most of
these countries report having taken appropriate
management actions and established ecological,
socio-economic and governance objectives.
In 2011, RFBs reported that the Code
was unlikely to be effective until these
organizations adopted the EAF, including
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THE STATE OF WORLD FISHERIES AND AQUACULTURE
2020
the use of target reference points in the
fisheries of their members. Today, almost
three-quarters of Members have developed
target reference points with monitoring and
evaluation methods.
This move towards adoption of EAF management
measures could herald an improvement in
integrated coastal zone management (ICZM).
Despite FAO’s initiatives to integrate the EAF
into coastal zone management, there has been
slow progress in the past 25 years. This has
possibly been exacerbated since 2010, when
ICZM as a top priority for countries responding
to the questionnaire dropped from 43.6 percent
to 28.9 percent in 2011, and today remains at
27.4 percent. Fewer than one-third of Members
report having put in place complete and enabling
policy, legal and institutional frameworks for
ICZM, and about half have partially developed
frameworks awaiting adoption (
Figure 43
).
The most common conflicts reported within the
coastal area regard fishing gear conflicts and
conflicts between coastal and industrial fisheries.
However, most of the Members concerned
report having conflict-resolution mechanisms
in place. The hope that the situation is on the
cusp of change is not unfounded, with countries
reporting that they are regulating their fleets
more effectively through monitoring, control and
surveillance (MCS), limiting fishing effort and
increasing research activities. The questionnaire
responses indicate that these efforts are largely
undertaken in conjunction with EAF initiatives,
but nonetheless have the potential to positively
impact ICZM initiatives.
FIGURE 40
RESPONSE BY MEMBERS TO THE FAO QUESTIONNAIRE ON THE IMPLEMENTATION OF THE
CODE OF CONDUCT FOR RESPONSIBLE FISHERIES AND RELATED INSTRUMENTS, BY REGION
Total percentage
YEAR
0
10
20
30
40
50
60
70
0
5
10
15
20
25
30
35
40
2003
2005
2007
2009
2011
2012
2014
2016
2018
Africa
Asia
Latin America and the Caribbean
Europe
Near East
Northern America
Southwest Pacific
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