1. Introduction

A Code of Conduct for Responsible Fisheries has been developed with the long term objective "...to ensure the long term sustainability of living marine resources so that these can be harvested by generations to come thus making a substantial contribution to world food security and employment opportunities ...".

The Code includes a number of articles, each developing a specific aspect, such as, Fishing Operations, Fisheries Management, Integration of Fisheries into Coastal Area Management, Aquaculture Development, Post-harvest practices and Trade.

The Committee on Fisheries (COFI), has asked the Fisheries Department of FAO to prepare Technical Guidelines with the immediate objective of providing practical advice on implementing the provisions of each of the articles of the Code to ensure all related activities are conducted responsibly. The following FAO Technical Guidelines for Responsible Fisheries have already been published: Responsible Fishing Operations (No. 1), Precautionary Approach to Capture Fisheries and Species Introductions (No. 2); Integration of Fisheries into Coastal Area Management (No. 3); Fisheries Management (No. 4); Aquaculture Development (No. 5). The FAO Technical Guidelines for Responsible Post Harvest Practices is in preparation.

These Technical Guidelines are addressed to States, international organizations, fisheries management bodies, owners, managers and charterers of fishing vessels as well as fishers and their organizations. The Guidelines may be applied by States on a voluntary basis to all fishing operations, to all fishing vessels (including vessels engaged in transshipment of fish), to fishers, owners, managers, masters of harbours for fishing vessels, and competent authorities. However, it is worth mentioning that, at this stage, the Technical Guidelines have been published by FAO as Technical Papers, under its own responsibility and have not received prior, public endorsement by member states or by the world’s fisheries community. Furthermore, these Guidelines are preliminary and will be evaluated and revised as information accumulates through their implementation

The history of the responsible fisheries concept and of the development of the relevant Code of Conduct has been presented in detail in several documents. However, a few facts and events are briefly recalled hereunder:

The adoption in 1982 of the United Nations Convention on the Law of the Sea provided a new framework for the better management of marine resources. The new legal regime of the oceans gave coastal States rights and responsibilities for the management and use of fishery resources within their EEZs, which embraces some 90 percent of the world's marine fisheries.

More recently, clear signs of over-exploitation of important fish stocks, modifications of ecosystems, significant economic losses, and international conflicts on management and fish trade threatened the long-term sustainability of fisheries and the contribution of fisheries to food supply. Therefore, the Nineteenth Session of the FAO Committee on Fisheries (COFI), held in March 1991, recommended that new approaches to fisheries management embracing conservation and environmental, as well as social and economic, considerations were urgently needed. FAO was asked to develop the concept of responsible fisheries and elaborate a Code of Conduct to foster its application.

Subsequently, the Government of Mexico, in collaboration with FAO, organized an International Conference on Responsible Fishing in Cancún in May 1992. The Declaration of Cancún endorsed at that Conference was brought to the attention of the UNCED (United Nations Conference on Environment and Development) Summit in Rio de Janeiro, Brazil, in June 1992, which supported the preparation of a Code of Conduct for Responsible Fisheries.

(As a matter of fact, the Strategy for Fisheries Management and Development adopted by FAO Member Nations in 1984 with a view to implementing the new regime of the sea is still valid but needs updating and strengthening in some of its provisions particularly in order to take into account the recommendations of the meetings held in 1992, already mentioned, and the International Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks (New York, 1993)). The areas that require additional attention relate to: - the impact of environmental degradation (including climate change) on fisheries and aquaculture; - the incorporation of fisheries in the integrated management of coastal areas; - the need for more responsible approaches to high seas and EEZs fishery management and development practices; - the need for quality fisheries products which can contribute to food security ; - the need for more, improved, fishery research.)

When the discussions started for the elaboration of a code of conduct, the members of FAO recommended that specific consideration be given to problems related to fishing operations outside EEZs and to reflagging of large fishing units. An "Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas" (the Compliance Agreement) was prepared in consultation with the FAO Council. (So far almost ten countries have ratified the Agreement. The Agreement will come into force when twenty five countries have signed it).

The developments at the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks have also to be taken into account.

Reference is also to be made to recent international conventions and regulations, in particular developments within the International Maritime Organization (IMO).

The Twenty-eighth Session of the Conference in Resolution 4/95 adopted the Code of Conduct for Responsible Fisheries on 31 October 1995.

It is worth considering the vocabulary used in the Code and mentioning words, in particular those relevant to situations existing in West Africa, which are not common to fisheries texts, require some explanation or only appear very often.

This list shows very clearly the "philosophy" (reasons, values, principles) behind this text. As a matter of fact, it is expected that this text which is reflecting a consensus, meet the preoccupations of fishers, fish traders and fishery administrations in West Africa.

(The terms have been grouped arbitrarily for facilitating the understanding.

The numbers refer to articles of the Code of Conduct; the definitions marked with * are as proposed recently by S.Garcia, FAO Resources Division to be used within the Fisheries Atlas).

The concept "encompasses the sustainable utilization of fishery resources in harmony with the environment; the use of capture and aquaculture practices which are not harmful to ecosystems, resources and their quality; the incorporation of added value to such products through transformation processes meeting the required sanitary standards; the conduct of commercial practices so as to provide consumers access to good quality products" (International Conference on Responsible Fishing (Cancun, Mexico, 1992). The concept is developed in the International Code of Conduct for Responsible Fisheries adopted by FAO in 1995.*

Fishing effort 7.4.4
The amount of fishing (usually per unit of time) expressed in units such as: boat days on the fishing ground, number of traps, or trawl hauls, or (gillnet length x soaking time), etc.*

Commensurate with natural production capacity 6.3
Performance of fishing gear 7.6.4
Subsistence fisheries 6.18

Fishing by an individual or a group, for their food or that of the community they belong to. *

Food security is the priority of the human community (as well as obviously for the Food Agricultural Organization). In this connection fisheries carried out by fishers/coastal communities for consumption locally have priority.

Traditional, customary fishing practices 7.6.6; 10.1.3
While advanced technologies have been developed, there is an increasing interest in traditional, customary fishing practices because, in many cases, they were found to suit very well local conditions and are, in many cases, less harmful than modern technologies

Conflicts 6.15
Prevention 7.6.5; 10.1.4
Settlement 10.1.5

Intensive fishing by various fishing operators/communities, each using, at various scales, their own methods and capacities (fishing gear, vessels, fishing grounds) induces, in many cases, conflicts resulting from various immediate objectives affecting sustainable, properly managed exploitation of natural resources.

Waste 7.6.9
Realizing that natural resources have limits and that some modern technologies are inducing incomplete or poor utilization of the whole catch, it has been recognized that catches are not fully utilized as they should be, causing waste.

Selectivity 7.6.9; 8
"The ability to target and capture fish by size and species during harvesting operations, allowing by-catch, i.e., small (or juvenile) fish and non-target species to escape unharmed" "Selectivity means abandoning traditional emphasis on quantity and making a definite shift to sustainable harvesting practices. It also means catching targeted fish, releasing unharmed those not wanted, thus reducing overall pressure on the resource"

Environmentally safe fishing gear and practices 6.6; 7.6.9
A gear which does not create an unacceptable environmental impact *

Lost fishing gear (also mentioned as "ghost fishing") 7.6.9
The accidental and random capture of aquatic species by fishing gear (usually gill nets, or traps, pots, etc.) that has been lost or discarded at sea and which continues to entangle or trap aquatic animals. *

Safety, working conditions 6.17
The high amount of risk and accidents in the fishery industry has been recognized. As for all human activities, while productivity is the main objective, increasing attention is called for safety and working conditions

Internationally agreed standards (for statistics, measurements, assessment) 6.17; 7.4.4; 7.4.6
Realizing the need for more and more cooperation in all aspects of fisheries, the necessity of standards allowing exchanges has been recognized, regarding descriptions and characteristics of equipment, measurements, data, regulations, etc.

DEVELOPING COUNTRIES 5

Future generation
Realizing that natural resources have their limits, the future of the industry as it is now is questionable.

Precautionary approach 6.2
Set of measures taken to implement the Precautionary principle. "A set of agreed cost-effective measures and actions, including future courses of action, which ensures prudent foresight, reduces or avoids risk to the resource, the environment, and the people, to the extent possible, taking explicitly into account existing uncertainties and the potential consequences of being wrong" (Garcia, 1996). This approach is advocated to make development under uncertainty conditional upon acceptable scientific proof of its harmlessness *

Decision making processes 6.13; 10.1.2
Transparency
Timely
Consultation 7.1.2
Participation 7.1.6
Realizing past experiences with errors and failures regarding management of fisheries

Diversification for income, diet 6.19
Limits of the various natural resources, require, in many cases, that balanced efforts be applied to guarantee the sustainability of the benefits (economic, food).

ENVIRONMENT 6.4; 7.4.2; 10.2.4

Aquatic ecosystems 6.1; 6.4
A complex of living organisms and their non-living environment that are inseparably interrelated and interact upon each other. A functional system including animals and plants interacting between them and with the environment. Its limits vary with the scale of the processes involved. *

Endangered species 7.6.9
It has been recognized that several species are now endangered, directly or non-directly by fishing efforts in certain areas. Among these, turtles, sharks, seabirds, etc. Special attention has been required from fishing operators to reduce/stop the impact of fisheries on such species.

Biodiversity 6.6
The variety of life on earth at the three levels of biological organization: genetic (with species), species and ecosystem. Diversity indices measure the richness (the number of species) in a system but are therefore indifferent to species substitution which may, however, reflect ecosystem stress (such as those due to high fishing intensity). *

Critical fisheries habitats 6.8
(wetlands, mangroves, reefs, lagoons, nursery, spawning areas 10.1.2
The environment in which the fish live, including everything that surrounds and affects its life: e.g., water quality; bottom; vegetation; associated species (including food supplies). *

Impact of fisheries 6.7; 7.4; 7.6.4; 7.6.9
Besides the normal impact of fisheries consisting in capture of certain/target species, various side impacts are observed on natural resources (non-target species, various components of biological ecosystems) or on the environment.

Impact on environment 6.7

Food security 6.2; 6.18
This is the priority of the human community (as well as, obviously, for the Food and Agricultural Organization of the UN).

Nutritional value, safety of products 6.7
In connection with the concept of food security, fish is first of all protein and not only its economic/market value should be considered.

Economy, social factors 6.4; 7.4.2; 7.4.5
Not only natural resource conservation should be considered. Decision making processes in the short term result from various considerations in which economic and social factors are immediate/medium term priorities, especially in small scale/artisanal fisheries where choices/opportunities reflecting fishing capacity are limited.

Poverty 6.2
Poverty is still a major problem hindering, in many cases, human activities. It is recognized that such situation is requiring particular attention when considering fisheries development.

Employment 6.18
In most of the countries, including, in particular developing countries, employment is a major element (in many developing countries, having some sort of job constitutes the condition for survival).

Fishers rights 6.18; 10.1.3
Fishing activities, as other human activities, require that proper attention be given to the rights of those participating in these activities, in particular, when managing/regulating fisheries and regarding working conditions and safety.

Need and interest of indigenous people/local communities 7.6.6; 10.1.1; 10.1.3
When dealing with small scale fisheries, special attention has to be paid to the situation of fishers/local communities.

RESEARCH 6.4; 7.4.2; 12

Statistics 7.4.4
Relevant statistical data are a prerequisite to management.

Multidisciplinary research 10.2.5
From experience it has been recognized that, in most of the cases, for almost all problems research has to deal with, combined/joint research efforts in several disciplines is required.

Best scientific evidence 6.4; 7.4.1

Sustainable fisheries
"Development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs" (World Commission on Environment and Development, 1987). "Management and conservation of the natural resource base, and the orientation of technological and institutional change in such a manner as to ensure the attainment of continued satisfaction of human needs for present and future generations. Such sustainable development conserves (land) water, plants and (animal) genetic resources, is environmentally non-degrading, technologically appropriate, economically viable and socially acceptable" (FAO Council in 1991). *

Cooperation 4.1; 7.1.3;
It has been widely recognized that cooperation amongst individuals, institutions and States is a necessity for progress, in research as well as in industry.

Awareness of the concepts 6.16; 7.1.10; 10.2.1
When principles, such as those included in the Code for Responsible Fisheries, have been established and agreed on, obviously, a first step is to inform the operators/fishers involved in the concerned industry.

Explanation of the concepts 4.4; 7.1.10
Concepts, such as those included in the Code for Responsible Fisheries, are not obvious for professionals, in many respects. This practically means that they should be carefully explained (in order to have some chance that the recommendations are applied).

Risk, uncertainties 10.2.3
In spite of careful assessment and research, uncertainties and risks still exist and such a situation will continue. Therefore, a precautionary approach is required and is unavoidable.

Review
Continuous changes in local situations, uncertainties and risks require, practically, that analysis, recommendations (including those included in the Code of Conduct) and regulations have, in most cases, to be constantly adjusted or revised.

Continuous review of local situation 7.6.8; 4.3
Review of the Code of Conduct 4.3

While many articles and recommendations obviously refer to industrial fisheries equipment and practices, the Code is also relevant to other fisheries, e.g. small scale or artisanal.

For the implementation of responsible fisheries concepts, responsibilities are shared amongst all those involved in the sector, including fishers, fish processors, fishery administrations (including special responsibilities given to Flag States and Port States). The details concerning the responsibilities of fishermen and States regarding fishing operation are given in the Annex.

In West Africa, as in other parts of the world, where because of sizes of fishing populations, efficiency of fishing technology, limitation of natural resources, environmental constraints and high demand of fish, proper management of fishing activities is required and so the responsible fisheries concepts and the Code of Conduct are relevant.

As a matter of fact, a careful look at the content of the Code shows that concepts for equity, fairness and right to livelihood for the small-scale fishery sector are included. As mentioned earlier, in addition to a special article concerning requirements for developing countries (Article 5), references are made in the Code to traditional, customary fishing practices, subsistence fisheries, food security, social factors, poverty; attention is expressly drawn to the rights of all categories of fishers and on consultation and participation within decision making processes, regarding fisheries and coastal zone management.

When implementing the Code of Conduct within small-scale and artisanal fisheries responsibilities are shared between fishers and fishery administrations.

Small-scale fishers have to abide by the recommendations included in the Code of Conduct and, in this connection, they have their responsibilities.

The constraints (technical, economic, social) which limit the possibilities, practices and options of the small-scale fishery sector should not be neglected.

However the small-scale fishers are required to pay attention, as far as possible, to possible wastage resulting from their fishing activities (fishing gear selectivity) and to the environmental impact of their activity in general.

Regarding this last aspect, and as mentioned earlier, it is generally recognized that because of the ecosystem-dependent nature and small-scale of the technologies used at subsistence level, problems concerning wastage, selectivity and environmental impact would not, generally, be so serious. However, problems arise when/where the fishing effort is too intensive.

The main management option seems to be, in many cases, to reduce and control fishing effort, especially off the crowded coastal areas which have intensive small-scale fisheries.

In this connection, it can be reasonably expected that efforts will be made to mark boats (including canoes) and fishing gear, and that lost fishing gear will also be reported.

While small and larger scale fisheries are in many cases in competition because of limited resources, space on fishing grounds (and competition on fish markets), it is also recommended to fishers that they avoid conflicts with other vessels/fishers engaged in other fishing practices.

Finally, it is justified to request all fishers, including those involved in small-scale activities, to provide the information necessary for proper management of the fisheries or for research purposes.

• ensure safe food to consumers.
• be fair in what they sell to customers - not to defraud.
• make most use of fish by reducing waste.
• where possible develop products from unusual species so that more of the fish which is caught is used for human food.
• ensure that the wastes that are produced from processing do not pollute the environment. This is particularly so for waste water from fish processing which can contain large quantities of organic matter and may also contain cleaning and sanitising chemicals.
• not cause nuisance to communities by the smells produced by open air/natural drying.
• ensure the most efficient use of fuel (wood) during the smoking of fish and use of fuel from sustainable resources.

The use of toxic insecticides to overcome problems of insect infestation in both drying and dried fish products must be discouraged. Their use represents not only a threat to the consumers of the fish, but in many cases also a threat to the environment

States

States have also responsibilities with respect to the small scale fishing sector and fishers.

The States’ responsibilities can be summarized as :

to establish management policies taking into account small-scale fisheries, preferably in consultation with concerned fishing communities;

to guarantee the fishing rights of small-scale fishers, and to act to limit conflicts with other fisheries, larger-scale in particular;

to monitor the coastal environment in order to guarantee the sustainability of the small-scale fishery sector;

where appropriate, to encourage the installation of artificial structures and the development of fish aggregating technology in general;

to act to improve safety and working conditions of small scale fishers

to pay attention to design, arrangement, available facilities, and maintenance of landing places used by small scale fishing units;

to make extension services available to all fishers.

Regarding post-harvesting practices, States often have responsibilities to the fish trade to provide certain infrastructure needs, such as clean and well maintained marketing facilities, auction halls, water supplies, access to fishing villages, etc.

States may also have responsibilities in the field of food safety legislation and advice to small scale industries, so as to ensure consumer well being.

In this connection, States have a responsibility to assist in the search for alternative means for complying with new regulation.

Recently , during a meeting regarding the precautionary approach in small-scale fisheries of the Bay of Bengal (Medan, Indonesia, February 1997) it was observed that "given the ecosystem dependent nature of the activity the technologies that small-scale fishermen have evolved over time would tend to have a management orientation because they would be tuned to the local ecosystem; they would necessarily be simple and of relatively low efficiency; they would be eco-friendly, by the very fact that the technologies have existed for generations without destroying the system."

Thus it was felt that small-scale fishermen are already in a way practising a precautionary approach and participants were even wondering whether "there was sufficient justification to promote these concepts amongst the small-scale fisheries sector".

However, it has also been observed that "small-scale fisheries, because of several factors, are increasingly under stress and are displaying symptoms of stock stress and even depletion and that, as a consequence, there is reason, from a resource management point of view, to promote a precautionary approach policy.

Summarizing, precautionary approach means putting emphasis on prevention (rather than cure).

Regarding the potential of the various natural resources, a great deal of variability and uncertainty is recognized (in the Code references are expressly made to risk, uncertainties and, as a basis for decision-making, the "best scientific evidence" available).

For these reasons precaution is strongly recommended.

Furthermore, the responsibility for resource assessment and environmental audit is given to those who will directly benefit from its exploitation.

Practically, the precautionary approach is requiring carefully monitoring (including evaluation of impact) all fishing activities carried out.

Another aspect is that management and development plans are recognized as being subject to revision and modification as information accumulates and science progresses, in particular for assessment of fish stock.

Regarding the precautionary approach and fisheries management, it is worth mentioning a paper by G. Preston, for the Regional Workshop on precautionary approach and fisheries management, Medan, Indonesia, February 1997. "The precautionary approach is generally seen as an "extreme" form of management. While development is, in general, perceived as increasing fishing, processing and fish production capacity; management is often perceived as a response to development. Practically, precautionary approach for fisheries management would therefore consists practically in burdens, constraints, obstacles and consequently is, in general, very badly perceived by fishers. The challenge would be to present development and management as components of the same process.

Without going into detail regarding fisheries management procedures, it is worth drawing attention to a major difficulty in tropical areas resulting from the fact that all fisheries are multi-species, with often each of the species requiring a different precautionary approach and limits of exploitation.

An expert consultation on sustainable fishing technologies and practices will be held in Canada early next year and will include discussions regarding the strategy for introduction and implementation of sustainable technologies and practices; in addition, methodology for development and assessment of the selective effectiveness of fishing gear and of the impact on the marine habitat of fishing activities will be discussed.

The last two topics are important elements for more responsible fishing operations. In this connection it is worth mentioning a consultation to be held in 1998 on the reduction of incidental catch of seabirds aiming to limit the side-effects of fishing operations.

Responsible fishing operations also mean adjusting fishing fleet sizes to available resources. In this connection, it is worth mentioning that an international meeting will be organized in the USA in February 1998 on the restructuring of national fishing fleet capacities to levels conducive to sustainable harvesting of the available and accessible marine resources.

In the Code of Conduct and in the relevant Technical Guidelines, mention is made of the responsibility of States regarding dissemination of information and training of fishermen on responsible fisheries concepts and requirements. In this respect, FAO is now elaborating, in consultation with a number of training institutions and UN specialized agencies, a proposal for a special programme (TRAINFISH), which will be a component of an existing global programme called TRAIN-X (which now includes elements for training on maritime trade and management of the aquatic environment).

Non-Governmental Organizations (NG0s) who participated in the formulation of the Code are taking measures to spread the message about the Code in order to create pressure from below to get States to take measures to adopt its provisions.

International organizations working closely with fishworkers have also taken initiatives to publicise the relevant aspects of the Code. They include the International Labour Organisation (ILO), the International Federation of Free Trade Unions and the International Collective in Support of Fishworkers.

Programmes for promoting responsible fisheries have been elaborated. As far as fishing operations are concerned, a specific programme includes, among other things:

• assistance for the amendment of national fisheries legislation in relation to responsible fishing operations; - development of awareness programmes for responsible fishing operations and protection of the marine environment, with the organization of regional workshops for the training of trainers in this regard;

• enhancement of the capability of the countries to assess and select fishing gear and methods appropriate to their fisheries.

Additionally, it is worth mentioning two sub-programmes of the inter-regional programme dealing, respectively, with improvement of national capacities of developing countries in monitoring, control and surveillance and with the provision of scientific advice for fisheries management, which Norway has agreed to fund.

In conclusion, it is worth mentioning that the report of the last meeting of the Committee of Fisheries (COFI), 17-20 March 1997:

"... recalled that individual States are responsible for implementation of the Code and agreed that progress report on implementation of the Code should be presented every two years which should include information on FAO activities, proposed guidelines to implement the Code and on inter-regional programmes, as well as application at national level. A questionnaire will be designed."

A number of Technical Guidelines have already been issued to assist fishery administrations and industries in the implementation of the Code of Conduct; a questionnaire to evaluate progress in this respect has been drafted and is now being tested.