Resolutions.
79 This mandate-component has also been used to adopt ‘guidelines on
sustainable Atlantic bluefin tuna farming practices in the Mediterranean’,
80 which
were developed by the ad hoc GFCM/ICCAT Working Group on Sustainable
Bluefin Tuna Farming/Fattening Practices in the Mediterranean. These practices
can be regarded as a hybrid between capture fishing and aquaculture, and are also
called ‘capture-based aquaculture’. The guidelines cover, inter alia, socio-economic,
environmental, data and research, and animal welfare issues. They complement the
capture fisheries component that is principally regulated by ICCAT, and that is
aimed at ensuring compliance with catch restrictions, and combating IUU fishing,
including through various traceability measures.
81 Similar to ICCAT, the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) only regulates the
capture fisheries component of the extensive tuna farming of Southern bluefin tuna
in Australia’s maritime zones.
82
The third example is NASCO, whose mandate relates to the “conservation,
restoration, enhancement and rational management of salmon stocks”.
83 Faced by
continuously dwindling stocks, this broad mandate allowed NASCO to adopt under
the overarching framework of the 1998 Agreement on Adoption of a Precautionary
Approach
84 : the 2001 Plan of Action for the protection and restoration of Atlantic
salmon habitat
85 ; the 2003 Resolution to minimize impacts from aquaculture,
introductions and transfers, and transgenics on wild salmon stocks
86 ; and the 2004
Guidelines on the use of stock rebuilding programmes (including ‘stocking’).
87
4 Dealing with Free Riders
In the domain of international fisheries law, free riders benefit from the efforts
undertaken by others on the conservation and management of fisheries resources
by either avoiding being subject to restraints on fishing and fishing activities—in
other words: avoiding applicability—or by not complying with applicable restraints.
Examples are fishing in excess of a TAC or not using measures relating to by-catch
79 Recommendation GFCM/41/2017/1 and Resolutions GFCM/41/2017/1 and GFCM/41/2017/2
and GFCM/36/2012/1.
80 Decision GFCM/30/2006/1.
81 See in particular ICCAT Recommendation 06/07.
82 Resolution on the Establishment of a Record of Authorised Farms, as adopted in 2008, and
amended in 2010.
83 Art. 3(2) of the Convention for the Conservation of Salmon in the North Atlantic Ocean,
Reykjavik, 2 March 1982. In force 1 October 1983 (1338 UNTS 33).
84 Doc. CNL(98)46.
85 Doc. CNL(01)51.
86 Doc. CNL(06)48 (consolidated version).
87 Doc. CNL(04)55. See also Dahl (2016) and the Scoping Policy Analysis for Aquatic Genetic
Resources (FAO doc. CGRFA-14/13/Inf.24; 2013), at pp. 10 and 14.
98
E. J. Molenaar
79 This mandate-component has also been used to adopt ‘guidelines on
sustainable Atlantic bluefin tuna farming practices in the Mediterranean’,
80 which
were developed by the ad hoc GFCM/ICCAT Working Group on Sustainable
Bluefin Tuna Farming/Fattening Practices in the Mediterranean. These practices
can be regarded as a hybrid between capture fishing and aquaculture, and are also
called ‘capture-based aquaculture’. The guidelines cover, inter alia, socio-economic,
environmental, data and research, and animal welfare issues. They complement the
capture fisheries component that is principally regulated by ICCAT, and that is
aimed at ensuring compliance with catch restrictions, and combating IUU fishing,
including through various traceability measures.
81 Similar to ICCAT, the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) only regulates the
capture fisheries component of the extensive tuna farming of Southern bluefin tuna
in Australia’s maritime zones.
82
The third example is NASCO, whose mandate relates to the “conservation,
restoration, enhancement and rational management of salmon stocks”.
83 Faced by
continuously dwindling stocks, this broad mandate allowed NASCO to adopt under
the overarching framework of the 1998 Agreement on Adoption of a Precautionary
Approach
84 : the 2001 Plan of Action for the protection and restoration of Atlantic
salmon habitat
85 ; the 2003 Resolution to minimize impacts from aquaculture,
introductions and transfers, and transgenics on wild salmon stocks
86 ; and the 2004
Guidelines on the use of stock rebuilding programmes (including ‘stocking’).
87
4 Dealing with Free Riders
In the domain of international fisheries law, free riders benefit from the efforts
undertaken by others on the conservation and management of fisheries resources
by either avoiding being subject to restraints on fishing and fishing activities—in
other words: avoiding applicability—or by not complying with applicable restraints.
Examples are fishing in excess of a TAC or not using measures relating to by-catch
79 Recommendation GFCM/41/2017/1 and Resolutions GFCM/41/2017/1 and GFCM/41/2017/2
and GFCM/36/2012/1.
80 Decision GFCM/30/2006/1.
81 See in particular ICCAT Recommendation 06/07.
82 Resolution on the Establishment of a Record of Authorised Farms, as adopted in 2008, and
amended in 2010.
83 Art. 3(2) of the Convention for the Conservation of Salmon in the North Atlantic Ocean,
Reykjavik, 2 March 1982. In force 1 October 1983 (1338 UNTS 33).
84 Doc. CNL(98)46.
85 Doc. CNL(01)51.
86 Doc. CNL(06)48 (consolidated version).
87 Doc. CNL(04)55. See also Dahl (2016) and the Scoping Policy Analysis for Aquatic Genetic
Resources (FAO doc. CGRFA-14/13/Inf.24; 2013), at pp. 10 and 14.
98
E. J. Molenaar