isheries management is about the conservation and
sustainable use of living marine resources. The 1982 UN Law of the Sea
Convention, the 1995 Fish Stocks Agreement and the 1995 FAO Code of Conduct
for Responsible Fisheries define the globally accepted norms for
conservation and management of living marine resources. On the basis of
this global framework, a comprehensive system of regional and national
management and conservation regimes has been developed.
The Convention on International Trade in Endangered Species of Fauna and
Flora, CITES, was established to remedy a situation where international
trade was endangering the survival of certain species. Species can be
listed in one of three appendices according to the degree of threat trade
poses to their existence. CITES is therefore based on ideas and objectives
that are substantially different from those of fisheries management
regimes.
Over the last decade there have been recurrent attempts to apply the
CITES mechanism to commercial fisheries. There are several reasons for
opposing such a move. Neither the listing criteria, the procedures nor the
administrative mechanism in CITES are structured to take account of the
natural dynamics of commercial fish stocks in general. Also, as has become
evident through the work of FAO, there are a number of additional issues
embedded in the CITES regulative framework that need to be addressed.
In the context of FAO, the Committee on Fisheries, COFI, has recurrently
pointed out these problems, and has set up two Technical Consultations
addressing the problems of applying CITES criteria to commercial fisheries.
The last such consultation, in Namibia 2 - 25 October 2001, addressed the
issue of listing criteria in detail, and provided a report setting out some
important principles:
- The best scientific advice available shall be used
- Current stock sizes should be compared with appropriate previous
baselines
- Listing proposals shall be evaluated on a case by case basis in a
transparent and neutral scientific process
I want to emphasise three sets of concerns relating to the
recommendations in the report of the second Technical Consultation:
First of all, the listing criteria must be designed to take account of
the natural dynamics of fish stocks, such as the rapid natural fluctuations
of many fish stocks.
The second concern relates to the quality of scientific advice and the
arrangements for its provision. The 1982 UN Law of the Sea Convention
requires coastal states to use the best scientific advice available in
fisheries management. A no less stringent standard should be applied here.
This means that regional fisheries management organisations with a proven
scientific record and national fisheries research institutions are the
relevant providers of scientific assessments and advice.
The third issue is that of administrative capacity and ability to modify
regulations on a timely basis in response to changes in stock status. This
is a concern that needs to be seriously addressed. Current CITES practices
demonstrate that it is extremely difficult to modify listings once they are
in place. De-listings rarely occur, even when they are warranted by valid
scientific assessments. And the current decision-making machinery only
allows for changes every second year. Both are serious obstacles to a CITES
involvement in this realm.
