Code of Conduct for Responsible Fisheries

From ancient times fishing has been a major source of food for humanity and a provider of employment and economic benefits to those engaged in this activity. The wealth of aquatic resources was assumed to be an unlimited gift of nature. However, with increased knowledge and the dynamic development of fisheries after the Second World War, this myth has faded in face of the realization that aquatic resources are not infinite and need to be properly managed.

The widespread introduction in the mid-seventies of exclusive economic zones (EEZ) and 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. Such extended national jurisdiction was a necessary but insufficient step toward the efficient management and sustainable development of fisheries. By the late 1980s it became clear that fisheries resources could no longer sustain rapid and often uncontrolled exploitation and development, and the new approaches to fisheries management embracing conservation and environmental considerations were urgently needed.

The FAO Committee on Fisheries (COFI) at its Nineteenth Session in March 1991 called for the development of new concepts, which would lead to responsible, sustained fisheries. Subsequently, the International Conference on Responsible Fishing, held in 1992 in Cancun (Mexico) further requested FAO to prepare an international Code of Conduct to address these concerns. The Code, which was unanimously adopted on 31 October 1995 by the FAO Conference, provides a necessary framework for national and international efforts to ensure sustainable exploitation of aquatic living resources in harmony with the environment.

This 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 recognizes the nutritional, economic, social, environmental and cultural importance of fisheries and the interests of all those concerned with the fishery sector. The code takes into account the biological characteristics of the resources and their environment and the interests of consumers and other users. States and all those involved in fisheries are encouraged to apply this Code and give effect to it.

This Code is voluntary and global in scope. It provides principles and standards applicable to the conservation, management and development of all fisheries. The Code also covers the capture, processing and trade of fish and fishery products, fishing operations, aquaculture, fisheries research and the integration of fisheries into coastal area management.

Oral presentation 9

Pilotage

The responsibilities and liabilities of pilots are not the same worldwide. In the Panama Canal the local pilots have extreme powers for conducting the navigation of ships in the canal area, and in recognition of this the Panama Canal undertakes to be liable for any damage or injury caused by the negligence of their pilots while piloting. Conversely, in some countries pilots are regarded in law as mere advisers to the shipmaster and their liabilities are excluded. In the United Kingdom pilots are more than advisers. Section 31 of the Pilotage Act 1987 states that “Pilot” means any person not belonging to the ship who has the conduct thereof. So, although the pilot does not supersede the master, who still retains command of the ship, the orders of a pilot for conducting the navigation of the ship should normally be followed by the master, unless the master can determine that such orders are endangering the ship, in which case the master has a duty to intervene.

As for the compulsory pilotage, the Pilotage Act 1987 states that a ship that is being navigated in an area and in circumstances in which pilotage is compulsory for it by virtue of a pilotage direction shall be (a) under the pilotage of authorized pilot accompanied by such assistant, if any, as is required by virtue of the direction, or (b) under the pilotage of a master or first mate possessing a pilotage exemption certificate in respect of that area and ship.

Rights of Pilots:

• An authorized pilot has a right to supersede an unauthorized pilot;

• A pilot may require the master of any ship which he is piloting to declare its draught, length and beam, and to provide him with such other information relating to the ship or its cargo as the pilot specifies and is necessary for him to carry out his duties. The master shall bring to the notice of the pilot any defects in, and any matter peculiar to, the ship and its machinery and equipment of which the master knows and which might materially affect the navigation of the ship.

• An authorized pilot must not be taken out of his area without his consent or without reasonable cause.

• The master of the ship, which is subject to compulsory Pilotage, must facilitate an authorized pilot boarding and subsequently leaving the ship.

Failure to comply with the above-mentioned Pilotage directions (relating to compulsory Pilotage) and infringement of the above-mentioned rights of pilots are criminal offenses for which fines have been specified in the Pilotage Act 1987.