FAO Fisheries Circular No. 995

DECISION-MAKING IN REGIONAL FISHERY BODIES OR ARRANGEMENTS: THE EVOLVING ROLE OF RFBS AND INTERNATIONAL AGREEMENT ON DECISION-MAKING PROCESSES

by
Judith Swan
SwanSea Oceans Environment Inc.

Table of Contents

The designations employed and the presentation of material in this information product do not imply the expression of any opinion whatsoever on the part of the Food and Agriculture Organization of the United Nations concerning the legal or development status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries

All rights reserved. Reproduction and dissemination of material in this information product for educational or other non-commercial purposes are authorized without any prior written permission from the copyright holders provided the source is fully acknowledged. Reproduction of material in this information product for resale or other commercial purposes is prohibited without written permission of the copyright holders. Applications for such permission should be addressed to the Chief, Publishing Management Service, Information Division, FAO, Viale delle Terme di Caracalla, 00100 Rome, Italy or by e-mail to [email protected]

© FAO 2004

ISSN 0429-9329

PREPARATION OF THIS CIRCULAR

This Circular was prepared within the framework of the Regular Programme as part of on-going activities of the FAO International Institutions and Liaison Service (FIPL) aimed at providing information on activities of regional fishery bodies.

Swan, J.*

Decision-making in Regional Fishery Bodies or Arrangements: the evolving role of RFBs and international agreement on decision-making processes.

FAO Fisheries Circular. No. 995. Rome, FAO. 2004. 82p.

ABSTRACT

This Circular describes the evolving role of Regional Fishery Bodies or Arrangements (RFBs), from the advisory bodies established during the first half of the twentieth century to the current trend of establishing management bodies. It also describes the recognition in recent international instruments of the authority of RFBs as management bodies, a response to the need for strengthened fisheries governance by RFBs. References to the role of RFBs and decision-making are reviewed in the 1982 United Nations Convention on the Law of the Sea, the 1993 FAO Compliance Agreement, the 1995 United Nations Fish Stocks Agreement, the 1995 FAO Code of Conduct for Responsible Fisheries and the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing.

Key areas relating to decision-making in RFBs described in the international instruments include the precautionary approach, agreement on decision-making procedures that facilitate the adoption of conservation and management measures in a timely and effective manner, transparency in the decision-making process, decision-making procedures for dispute prevention, and strengthening decision-making to implement relevant policies. Information complied on selected RFBs is summarized to illustrate some activities and procedures that fall within the areas addressed in the international instruments. The information - given in detail for each selected RFB in Appendix 2 and in a summary chart in Appendix 3 - includes a profile of relevant RFB functions and requirements as follows: area of competence, membership, organization, observers, decision-making by principal body, objection procedures and dispute settlement.

This Circular is descriptive only and presents information on selected RFBs in summary form. There is no assessment or analysis of the decisions taken, as the objective of this review is to promote a better understanding of the evolution of the role of RFBs and relevant international agreement on the elements involved in decision-making processes.