Incorporated precautionary and ecosystem approach

PASS NAFO - In 2007 NAFO adopted an amendment to the Convention. The objective of the Convention in Article II is to ensure the long term conservation and sustainable use of the fishery resources in the Convention Area and, in so doing, to safeguard the marine ecosystems in which these resources occur. In the General Principles in Article IIIc-e, the amended Convention requires Parties to apply the precautionary approach consistent with Article 6 of the UN Fish Stocks Agreement; to take 'due account' of the impact of fishing activities on marine ecosystems and minimize harmful impacts; and take 'due account' of the need to preserve marine biological diversity. The amendment requires ratification by three-fourths of NAFO parties before entering into force.

The Commission may, under Article VI, "adopt, where necessary, proposals for conservation and management measures to minimise the impact of fishing activities on living marine resources and marine ecosystems in the Regulatory Area, or in the Convention Area, where agreed by consensus".

PASS NEAFC's 2006 amendments to its convention include a precautionary approach in Article 4. The Article now reflects the ecosystem approach, stating that: "The Commission shall perform its functions in order to fulfil the objective set out in Article 2* and: "When making recommendations in accordance with Article 4 or 6 of the Convention, the Commission shall in particular:

a) ensure that such recommendations are based on the best scientific evidence available;
b) apply the precautionary approach;
c) take due account of the impact of fisheries on other species and marine ecosystems, and in doing so adopt, where necessary, conservation and management measures that address the need to minimise harmful impacts on living marine resources and marine ecosystems; and
d) take due account of the need to conserve marine biological diversity.

3. The Commission shall provide a forum for consultation and exchange of information on the state of the fishery resources in the Convention Area and on the management policies, including examination of the overall effects of such policies on the fishery resources and, as appropriate, other living marine resources and marine ecosystems".

* NEAFC Convention Article 2: "The objective of this Convention is to ensure the long-term conservation and optimum utilization of the fishery resources in the Convention Area, providing sustainable economic, environmental and social benefits".

PASS SEAFO's Article 3 General Principles states that: "in giving effect to the objective of the Convention, the Contracting Parties, where appropriate through the Organisation, shall, in particular:

(a) adopt measures, based on the best scientific evidence available, to ensure the long term conservation and sustainable use of the fishery resources to which this Convention applies;
(b) apply the precautionary approach in accordance with Article 7;
(c) apply the provisions of this Convention relating to fishery resources, taking due account of the impact of fishing operations on ecologically related species such as seabirds, cetaceans, seals and marine turtles;
(d) adopt, where necessary, conservation and management measures for species belonging to the same ecosystem as, or associated with or dependent upon, the harvested fishery resources;
(e) ensure that fishery practices and management measures take due account of the need to minimise harmful impacts on living marine resources as a whole; and
(f) protect biodiversity in the marine environment."

PASS CCAMLR was established in response to concerns that an increase in commercial krill catches in the Southern Ocean could have a serious impact on populations of krill and other marine life - particularly seabirds, seals and fish that mainly depend on krill for food. It has a mandate both to ensure effective regulation of marine living resources (other than seals south of 60oS and whales in general) and to conserve the ecosystem so that it can also support dependent and associated species.

This is spelled out in Article II of its Convention which states its objective as: "Conservation of Antarctic marine living resources" and goes on to say that any harvesting and associated activities must be conducted in such a way as to prevent the decline in any harvested population to levels below stable recruitment. At the same time it must maintain the ecological relationships between harvested, dependent and related populations, restore depleted populations at similar levels, and minimize the risk of changes to the marine ecosystem that are not potentially reversible over two or three decades.

CCAMLR also applies a 'precautionary' approach to minimize the potential risks of unsustainable practices. Areas currently not fished are closed and will only be opened following a scientific assessment which sets catches, seasons, bycatch levels and other regulatory measures.

All fisheries other than some krill fisheries require scientific observers.

Information on commercial and exploratory fisheries is gathered, analysed by the Scientific Committee and its Working Groups, and advice provided to the Commission for decisions.

In practical terms, it has taken some years for the precautionary and ecosystem approach to be applied fully. The Commission is sometimes hampered by its consensus-decision-making approach, and so far has struggled to effectively tackle illegal, unreported and unregulated (IUU) fishing, including by vessels from contracting parties. However, precautionary and ecosystem approaches are truly embedded in the Convention.

FAIL GFCM - The GFCM's 1997 Amendment does not reflect the ecosystem approach, although Article III provides that in formulating and recommending measures: "The Commission shall apply the precautionary approach to conservation and management decisions, and take into account the best scientific evidence available and the need to promote the development and proper utilization of marine living resources."

FAIL The NWP's draft negotiating text as it currently stands fails to incorporate an ecosystem approach, referring to it only in the preamble. It also fails to implement paragraph 70 of UN GA resolution 61/105, as well as modern approaches to fisheries management, as reflected in the UN Fish Stocks Agreement and other relevant international instruments.

PASS SP RFMO has adopted Interim Measures which take into account an ecosystem approach to fisheries management as well as the precautionary approach.

The latest draft of its negotiating text (Revision 2) appropriately includes the ecosystem approach and precautionary approach in its objective and elsewhere in the draft Convention, consistent with paragraph 70 of UN GA resolution 61/105 in its conservation and management principles.