The FAO Code of Conduct for Responsible Fisheries
The FAO Code of Conduct for Responsible Fisheries (the Code) is voluntary in nature and does not create legally binding obligations upon States. This voluntary nature of the Code has enabled it to cover much more than may have been possible in a document intended to be a binding international agreement. The Code sets out principles and international standards of behaviour for responsible practices with a view to ensuring the effective conservation, management and development of living aquatic resources, with due respect for the ecosystem and biodiversity. The Code has the widest scope, indeed, it is stated to be "global in scope, and is directed towards members and non-members of FAO, fishing entities, subregional, regional and global organizations, whether governmental or non-governmental, and all persons concerned with the conservation of the fishery resources and management and development of fisheries, such as fishers, those engaged in processing and marketing of fishery products and other users of the aquatic environment in relation to fisheries." 1 It continues: "It also covers the capture, processing, trade and marketing of fish and fishery products, fishing operations, aquaculture, fisheries research and the integration of fisheries into coastal area management." 2 Thus, the Code, by applying to all fisheries, covers fisheries on the high seas, within the EEZ, in territorial waters, as well as covering inland fisheries, even when they are in shared waters. The Code is structured so that it has a statement of general principles followed by articles that give specific content to the general principles. The General Principles are set out in article 6. In effect, article 6 provides the outline of the Code. These principles urge that States should 3: conserve aquatic ecosystems, recognizing that the right to fish carries with it an obligation to act in a responsible manner; promote the interests of food security, taking into account both present and future generations; prevent overfishing and excess capacity; base conservation and management decisions on the best scientific evidence available, taking into account traditional knowledge of the resources and their habitat; apply the precautionary approach; develop further selective and environmentally safe fishing gear, in order to maintain biodiversity, minimize waste, catch of non-target species, etc.; maintain the nutritional value, quality and safety in fish and fish products; protect and rehabilitate critical fisheries habitats; ensure fisheries interests are accommodated in the multiple uses of the coastal zone and are integrated into coastal area management; ensure compliance with and enforcement of conservation and management measures and establish effective mechanisms to monitor and control activities of fishing vessels and fishing support vessels; exercise effective flag State control in order to ensure the proper application of the Code; cooperate through subregional, regional and global fisheries management organizations; ensure transparent and timely decision making processes; conduct fish trade in accordance with the principles, rights, and obligations established in the WTO Agreement; cooperate to prevent disputes, and resolve them in a timely, peaceful and cooperative manner, including entering into provisional arrangements; promote awareness of responsible fisheries through education and training, as well as involving fishers and fishfarmers in the policy formulation and implementation process; ensure that fish facilities and equipment are safe and healthy and that internationally agreed standards are met; protect the rights of fishers and fish workers, especially those engaged in subsistence, small scale and subsistence and artisanal fisheries; promote the diversification of income and diet through aquaculture. 1 Article 1: The Nature and Scope of the Code 2 Although recreational fisheries is not specifcally mentioned in this clause, it was clearly also intended to be covered, as the "Introduction" to the Code refers to the role of fisheries in "recreation". 3 Note that "should" is used consistently throughout the Code of Conduct to show its status as a voluntary instrument.   Prepared by Grant Bryden International Institutions and Liaison Service     Top		The Code sets out international standards of behaviour for responsible practices FAO/FIRI   links United Nations Convention on the Law of the Sea Governance of Exclusive Economic Zones (EEZs) further information FAO Code of Conduct for Responsible Fisheries Text of the Code Article 6: General principles Article 1: The Nature and Scope of the Code Introduction of the Code The Rome Declaration on the Implementation of the Code Aquaculture development and the Code of Conduct The FAO Code of Conduct and the requirement for structural change and adjustment