The Deep-Sea Fisheries Guidelines were a direct response to the UN General
Assembly’s Resolution 61/05 (2006) committing States to:
1) Conduct impact assessments of high seas bottom fisheries to prevent “significant”
adverse impacts on vulnerable marine ecosystems;
2) Close areas of the high seas to bottom fishing where vulnerable marine ecosystems have been identified or are likely to be present unless managed to protect
against significant impact on vulnerable marine ecosystems;
3) Ensure long-term sustainability of deep-sea fish;
4) Require their vessels to move out of areas with vulnerable marine ecosystems.
The FAO Deep-Sea Fisheries Guidelines explicitly identify an approach for
identifying vulnerable marine ecosystems (VME) based on classifying the uniqueness or rarity of the ecosystem, the functional significance of the habitat, the fragility
of the ecosystem, the life history of species within the VME, and the structural
complexity of the ecosystem.
23 Additionally, the guidelines are informative about
what constitutes a significant adverse impact on a VME that States should avoid.
Regional Fisheries Management Organizations have relied on these guidelines to
identify VMEs and seven regional fisheries management organizations with a
mandate to manage deep-sea fisheries in areas beyond national jurisdiction have
adopted the guidelines. As noted below, the Deep-Sea Fisheries Guidelines are likely
to be influential in shaping any international instrument that might govern fisheries
beyond national jurisdiction.
The FAO concluded in 2011 the International Guidelines on Bycatch Management and Reduction of Discards. These guidelines reflect a commitment to implement the 1995 Code of Conduct for Responsible Fisheries designed to promote “the
maintenance, safeguarding, and conservation of biodiversity of ecosystems by
minimizing fisheries impacts on non-target species and the ecosystem in general.”
24
As with the other guidelines discussed in this section, the intention behind the
Bycatch and Discard guidelines was to provide specific advice to States and
RFMOs in implementing an ecosystem approach to fisheries. In terms of governance, States were encouraged in the development and implementation of any
policies, legal frameworks, or institutional frameworks to take into consideration
“the application of an ecosystem approach to fisheries” that would be consistent with
UNCLOS and the UN Fish Stocks Agreement.
25 Particularly, States and RFMOs in
addressing bycatch and discards, two of the most difficult aspects of fisheries
management, should undertake fisheries management planning based on an ecosystem approach to fisheries.
26
23 FAO Guidelines for the Management of Deep-sea Fisheries in the High Seas (2009) para. 42.
Available at http://www.fao.org/docrep/011/i0816t/i0816t00.htm.
24 FAO, International Guidelines on Bycatch Management and Reduction of Discards (2011).
Available at http://www.fao.org/3/ba0022t/ba0022t00.pdf.
25 Id. at para. 3.1.2(i) and 3.2.1.
26 Id. at para. 4.1.1.
12 UN Food and Agriculture Organization: Exercising Legal Personality to Implement. . . 209
Assembly’s Resolution 61/05 (2006) committing States to:
1) Conduct impact assessments of high seas bottom fisheries to prevent “significant”
adverse impacts on vulnerable marine ecosystems;
2) Close areas of the high seas to bottom fishing where vulnerable marine ecosystems have been identified or are likely to be present unless managed to protect
against significant impact on vulnerable marine ecosystems;
3) Ensure long-term sustainability of deep-sea fish;
4) Require their vessels to move out of areas with vulnerable marine ecosystems.
The FAO Deep-Sea Fisheries Guidelines explicitly identify an approach for
identifying vulnerable marine ecosystems (VME) based on classifying the uniqueness or rarity of the ecosystem, the functional significance of the habitat, the fragility
of the ecosystem, the life history of species within the VME, and the structural
complexity of the ecosystem.
23 Additionally, the guidelines are informative about
what constitutes a significant adverse impact on a VME that States should avoid.
Regional Fisheries Management Organizations have relied on these guidelines to
identify VMEs and seven regional fisheries management organizations with a
mandate to manage deep-sea fisheries in areas beyond national jurisdiction have
adopted the guidelines. As noted below, the Deep-Sea Fisheries Guidelines are likely
to be influential in shaping any international instrument that might govern fisheries
beyond national jurisdiction.
The FAO concluded in 2011 the International Guidelines on Bycatch Management and Reduction of Discards. These guidelines reflect a commitment to implement the 1995 Code of Conduct for Responsible Fisheries designed to promote “the
maintenance, safeguarding, and conservation of biodiversity of ecosystems by
minimizing fisheries impacts on non-target species and the ecosystem in general.”
24
As with the other guidelines discussed in this section, the intention behind the
Bycatch and Discard guidelines was to provide specific advice to States and
RFMOs in implementing an ecosystem approach to fisheries. In terms of governance, States were encouraged in the development and implementation of any
policies, legal frameworks, or institutional frameworks to take into consideration
“the application of an ecosystem approach to fisheries” that would be consistent with
UNCLOS and the UN Fish Stocks Agreement.
25 Particularly, States and RFMOs in
addressing bycatch and discards, two of the most difficult aspects of fisheries
management, should undertake fisheries management planning based on an ecosystem approach to fisheries.
26
23 FAO Guidelines for the Management of Deep-sea Fisheries in the High Seas (2009) para. 42.
Available at http://www.fao.org/docrep/011/i0816t/i0816t00.htm.
24 FAO, International Guidelines on Bycatch Management and Reduction of Discards (2011).
Available at http://www.fao.org/3/ba0022t/ba0022t00.pdf.
25 Id. at para. 3.1.2(i) and 3.2.1.
26 Id. at para. 4.1.1.
12 UN Food and Agriculture Organization: Exercising Legal Personality to Implement. . . 209