1. Introduction

A Code of Conduct for Responsible Fisheries has been developed with the long term objective "...to ensure the long term sustainability of living marine resources so that these can be harvested by generations to come thus making a substantial contribution to world food security and employment opportunities ...". The Code had been elaborated over almost a five-year period and was finally approved on 31 October 1995.

Article 8 of the Code further develops the provisions regarding fishing operations.

At the request of the Committee on Fisheries (COFI), Technical Guidelines for Fishing Operations were prepared with the immediate objective to provide practical advice on implementing the provisions of this Article to ensure all fishing operations are conducted responsibly.

These Technical Guidelines are addressed to States, international organizations, fisheries management bodies, owners, managers and charters of fishing vessels as well as fishers and their organizations. The Guidelines may be applied by States on a voluntary basis to all fishing operations, to all fishing vessels (including vessels engaged in transhipment of fish), to fishers, owners, managers, masters of harbours for fishing vessels, and competent authorities. However, it is worth mentioning that, at this stage, the Technical Guidelines have been published as a FAO Technical Paper, under its own responsibility and that the guidelines have not received prior, public endorsement by member states or by the world’s fisheries community. Furthermore, these Guidelines are preliminary and will be evaluated and revised as information accumulates through their implementation

Many fishing methods are used for tuna fishing in various parts of the world, the selection of which is the result of various elements/criteria such as how tuna are grouped, fishing area, depth, economical (amount of investment required, operation costs) and social conditions (situation of employment in the fishery sector), experience of fishers, etc. Tuna are caught by seining, driftnetting, trapping, pole and lining, longlining or trolling.

2. Background

Responsible Fishing Operations in general were discussed in detail during the FAO Expert Consultation for the Code of Conduct for Responsible Fishing Operations, held in Sidney, Canada in June 1994 on the matter.

When the discussions started for the elaboration of a code of conduct, the members of FAO recommended that specific consideration be given to problems of special interest for tuna fishing industries, related to fishing operations outside EEZs and to reflagging of large fishing units. An "Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas" (the Compliance Agreement) was prepared in consultation with the FAO Council. (So far ten countries have ratified the Agreement. The Agreement will come into force when twenty five countries have signed it).

The above-mentioned agreement concerning fishing in the high seas, has introduced the concept of "authorization to fish" attributed to certain vessels, under certain conditions, by the Flag State which is responsible for fishing operations carried out under its flag. The responsible Flag State is also committed to maintaining a registry of authorised vessels.

The developments at the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks has also to be taken into account.

Reference is also to be made to recent international conventions and regulations, in particular developments within the International Maritime Organization (IMO), such as: adoption of the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention on the Safety of Fishing Vessels, 1977; amendment of the Convention on the Training and Certification of Watchkeepers; development of a new Convention on the Training and Certification of Fishing Vessel Personnel (International Convention on Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995); and amendment of the International Regulations for the Prevention of Collisions at Sea (on the recommendation of FAO).

3. Shared responsibilities

For the implementation of responsible fishing operations, responsibilities are shared between fishing industries and States, including special responsibilities given to Flag States and Port States.

In this connection, the document considers in particular the responsibilities given to the industries involved in tuna fisheries within industrial and small scale fisheries, in international waters as well as in coastal areas.

As a matter of fact, it is worth, at this stage, remembering briefly, some of the aspects which are specific to the tuna fishing industry compared to other fisheries. Tuna are midwater or surface species, in many cases shoaling, characteristics making only certain fishing methods possible and that, when fish are grouped, the number of species caught at the same time is limited (therefore the by-catch, in many cases, is also limited). Tuna fish are highly migratory species which means that: - catch opportunities may last a short period of time only (seasonal fisheries); - fish aggregating devices may help in increasing catch opportunities, for both industrial and small scale fisheries; - tuna are very often caught in the high seas; - as a consequence, most tuna fishing activities are by rather large vessels, industrial type; - in most cases, proper management of tuna fisheries requires agreement between several countries.

4. Responsibilities of tuna fishing industries

Beside some aspects relevant specifically to tuna fishing industries/fisheries in particular, mostly related to the operation of industrial vessels in the high seas, the responsibilities of industry and States engaged in tuna fisheries are those related to all fisheries.

Equipment

• maintenance of proper equipment on board (navigation equipment and instrumentation, data storage devices and, to the extent possible, remote sensing devices

• equipment to enhance energy optimization and reduce the emissions of dangerous substances to the atmosphere

Documents

• carry all documents on board, including "authorization to fish"

• inform Flag States regarding the validity of certificates and "authorization to fish"

• insurance coverage

in compliance with the "Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas" (which has introduced the concept of "authorization to fish" attributed to certain vessels, under certain conditions, by a State, becoming the Flag State, which has responsibility and is also committed to maintaining a registry of authorised vessels) and the developments at the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish.

Operation

• respect of existing regulations for the Prevention of Collision at Sea (light and shapes)

• "ship traffic separation schemes", etc.

• marking of vessels and fishing gear.

As far as marking of fishing gear is concerned, it is worth referring to the Expert Consultation on the Marking of Fishing Gear, which was held in Canada, in July 1991 (FAO Fisheries Report No.485 and its Supplement): the identification of ownership of lost, abandoned and unattended fishing gear was considered since this issue was seen to constitute a hazard to sea mammals and birds as well as to the safety of navigation. In this connection, it is worth mentioning that IMO has agreed that the marking of fishing gear needs to be included in the COLREGS (Collision Regulations).

At the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, it was agreed that there should be "requirements for the marking of fishing vessels and fishing gear for identification in accordance with uniform and internationally recognizable marking systems, such as the Food and Agriculture Organization of the United Nations Standard Specifications for the Marking and Identification of Fishing Vessels".

See ANNEX

• recognize the fishing right to categories of fisheries (artisanal and small scale fisheries)

• reduce conflicts with vessels/fishermen using other fishing gear
  In this regard, the potential of conflict existing between users of passive fishing methods such as lining/longlining or gillnetting/driftnetting (for tuna, as well as for any other species) which are much in use in small scale and artisanal fisheries and users, on a larger scale in general, of surrounding nets/purse seines cannot be ignored. There is a risk of such competition for instance near to Fish Aggregating Devices.

• contribute to energy saving
  by the most efficient use of the energy, including for processing catches

• develop more selective fishing gear for minimizing waste, discards and catch of non-target species
  In this respect, the fishing industries are required in the Code of Conduct to make an effort to "minimize waste, discards, catch of non-target species, both fish and non-fish species, and impacts on associated or dependent species and that the intent of related regulations is not circumvented by technical devices". It is also required from industry to reduce discards, increase survival rates of escaping fish " States, with relevant groups from industry, should encourage the development and implementation of technologies and operational methods that reduce discards. The use of fishing gear and practices that lead to the discarding of catch should be discouraged and the use of fishing gear and practices that increase survival rates of escaping fish should be promoted."

  In addition fishers should cooperate in the field of fishing gear selectivity, including by facilitating the circulation of the relevant information.

  Furthermore, in connection to the "Precautionary Approach" concepts "States should, when drawing up their laws and regulations, take into account the range of selective fishing gear, methods and strategies available to the industry". This may invite the fisheries management authorities when dealing with tuna fisheries to compare tuna catches resulting from the use of seining and lining.

  Since the concept of fishing gear selectivity is introduced in the Code as "minimizing waste, discards and catch of non-target species", it calls practically for reducing the catch for which there is no on-the-spot market. The lack of a market may be either because there is no demand for the species or because the fish caught are not the "right" size. At the same time, it is worth remembering that within the concepts of responsible fisheries, priority should be given, beyond immediate marketing opportunities, to the longer term to ensure the conservation of fish stocks. It therefore dictates that the tuna should be caught after they have been allowed to reproduce. (It is worth mentioning in this respect fisheries targetting small tuna for bringing them ashore for artificial breeding in cages; such value-adding practices may in the medium term have a negative impact on fish stocks)

  Selectivity is very clearly required for both, species and size selection.

Selectivity of the fishing gear used for tuna:

(Based on a Table extracted from the Report of the Expert Consultation for the Code of Conduct for Responsible Fishing Operations, Sidney, British Columbia, Canada, 6-11 June 1994)

It is also worth mentioning tuna fishing (for albacore) with midwater trawls, in use in the north west Atlantic (south Ireland and the Bay of Biscay) and being tested in tropical waters. So far it has been observed that, in most of the cases, the catches are homogeneous, almost entirely tuna. The selection of tuna obviously results from the choice of fishing area, season and time; towing speed is most probably very important.

Large tuna are usually found at greater depths than smaller ones, so fishing gears which reach deeper into the water catch larger fish than those which fish close to the surface i.e. when longliners fish at great depth, they catch, in general, large fish; poles and lines used by baitboats fishing just a few metres under the surface, usually catch a smaller size of tuna.

It is also worth remembering that the utilization of artificial Fish Aggregating Devices (FADs) for seining, longlining or gillnetting induces, in many cases, changes in species and size composition: FADs often aggregate many fish species which are not together in open sea; FADs aggregate in shallow waters a high proportion of small fish. Similarly, when purse seining for tuna, differences have been observed regarding catch composition in species and size of fish when the seine has been set on free swimming schools of tuna or when it is set surrounding logs, floating debris, dead whales or live animals such as whales: the smallest tuna are caught in sets made on logs or other floating objects. With increasing fishing operations carried out in association with aggregating devices, artificial or natural , serious concern is now expressed regarding the expected increased by-catch, as well as the higher proportion of small fish in the catch.

Whatever fishing gear/method is used, non-technical/human factors are important. Furthermore, it is observed that human evaluation/selection of fishing area, season, time and various environmental factors and fishing gear position and manoeuvring are essential. This is true, even more, when pelagic fish, such as tuna, are concerned. The selection of species or size when fishing for tuna or tuna-like large pelagic fish results first of all from the choice of fishing area and the depth of fishing.

Recent huge progress in the field of electronics allowing a more accurate control of the fishing gear, seine, longline or driftnet, during its operation, make it possible to better adjust position and depth versus target species.

With modern technology, fishing gear can be set in the water where certain species or sizes of tuna can be found, i.e. using line shooters, longlines can be set very deep at the precise depth where the temperature suits the tuna shoals which have been located with the assistance of sea surface temperature charts; oceanic tuna purse seiners can sail directly to an appropriate fishing area, purse seines with increased depth can be set to allow catching larger tuna and tuna species which were, up to recently, only accessible by longlining.

In addition, it is worth mentioning that, in some cases, selectivity by technical characteristics or relevant devices fixed on fishing gear is appropriate e.g for tuna purse seines, mesh size selection (tests carried out in the Philippines) or even grids (Gulf of Guinea).

Responsible fishing practices also means, as required in the Code, that any side-impact of fishing activities on associated species or environment be, as far as possible, reduced. The obvious illustration of this is the successful effort made by the tuna purse seining industry to reduce incidental catches of dolphin in the Central Eastern Pacific. More recently a similar effort has been required from tuna longlining fishers to reduce mortality of seabirds resulting from hooking when shooting longlines: Tori poles, streamer lines and bait throwing machines have already greatly reduced seabirds by-catch in the South Pacific, as well as other measures such as prohibition of fishing during daytime or utilization of frozen bait. Efforts are now required to reduce incidental catches of shark (fish which is often associated with tuna and are a common by-catch when longlining or seining in the Pacific). While, in some cases, modifications to fishing gear (for instance rigging of driftnets in such a way that the floatline is some distance below the surface) have already allowed a reduction in the catch of certain shark species, the problem is difficult: mesh selection is not appropriate in most of the cases; other solutions will have to rely on the difference between tuna and shark behaviour and be designed for specific shark species and size.

• reporting lost fishing gear

  It is the fishers responsibility to minimize the loss of fishing gear and the ghost fishing effects of lost or abandoned fishing gear: 8.4.6 States should cooperate to develop and apply technologies, materials and operational methods that minimize the loss of fishing gear and the ghost fishing effects of lost or abandoned fishing gear.

  To minimize the loss of fishing gear, attention has to be given to proper marking of the gear on the surface, which means in the case of tuna, marking of longlines and driftnets with appropriate buoys, light and/or acoustic devices. If gillnets are lost, having made them, partly or totally, with biodegradable twines or panels, will reduce the chance of ghost fishing.

• maintenance of good quality of catch

• reporting of activities at sea (sailing and fishing)

• facilitate the control by fisheries protection vessels and officers

  Within the Code of Conduct and in connection with the precautionary approach, the need is recognized to carefully document and control all activities at sea and to evaluate the impact of fishing activities on living marine resources and environment. 8.4.3 States should make every effort to ensure that documentation with regard to fishing operations, retained catch of fish and non-fish species and, as regards discards, the information required for stock assessment as decided by relevant management bodies, is collected and forwarded systematically to those bodies.

  Furthermore States are invited, as far as possible, to establish observer and inspection schemes.

5. Responsibilities of States with regard to their own industry

Efforts are not only required from the fishery industry. As indicated earlier, in a process aiming at more responsible activities, responsibilities are shared. Fisheries authorities are also now in a process of changing/adjusting practices to fulfil new responsibilities with regard to their own fishing industry.

These responsibilities include, among others:

• guarantees regarding working conditions and safety of fishermen

which includes, of great importance for offshore tuna fishing activities, the establishment of SAR, GMDSS, the operation of efficient communication systems (ITU), forecasting and broadcasting of information on the weather and sea conditions.

• arranging the participation of industries in the elaboration of management policies and guaranteeing fishing rights to both artisanal and small-scale fisheries

even or especially when both types of fisheries are in operation in the same fishing area, using different fishing methods. In this connection the State is responsible for reducing risks of conflicts between fisheries using passive and active fishing gear, for instance small scale longlining or gillnetting and the operation of large purse seines.

• where appropriate, the State should facilitate the use of fish aggregating technology (for increasing stock abundance or enhancing fishing opportunities).

• the national fisheries authorities are also responsible for arranging education and training of fishers and informing them concerning responsible fisheries/relevant Code of Conduct, international agreements, regulations, authority of fisheries protection officers/vessels in charge of controlling fishing vessels at sea (asking tuna vessels operating in the high seas to produce "authorization to fish", logbook, insurance, checking marking of the vessel, certificate of the skipper, safety equipment, etc.)

Finally, it is worth mentioning the specific Flag State responsibilities agreed on within the Compliance agreement for fishing in the high seas consisting of establishing and maintaining a registry of vessels and a system for reporting the activities of vessels having their flag.

Flag States also have duties regarding the repatriation of crew when necessary.

6. Small-scale responsible tuna fishing

6.1 Fishers responsibilities

While many articles and recommendations included in the Code for responsible fisheries as reported above obviously refer to the industrial fisheries, equipment and practices, other fisheries, small scale or artisanal, are also concerned.

Small-scale fishers, including those involved in tuna fisheries, have to abide by the recommendations included in the Code of Conduct and, in this connection, they have their responsibilities.

The constraints (technical, economic, social) which limit the possibilities, practices and options of the small-scale fishery sector should not be neglected.

However, the small-scale fishers are required to pay attention, as far as possible, to possible wastage resulting from their fishing activities (fishing gear selectivity), to energy consumption and to the environmental impact of their activity in general.

It can also be reasonably expected that efforts will be made for marking small boats and fishing gear, and that lost fishing gear will also be reported.

It is also justified to recommend to fishers that they avoid conflicts with other vessels/fishers engaged in other fishing practices, including larger vessels using active fishing gear, such as tuna purse seine.

6.2 State responsibilities

States have also responsibilities with respect to the small-scale tuna fishing sector and fishers.

The States responsibilities include, among others:

the establishment of management policies taking into account small-scale fisheries, preferably in consultation with concerned fishing communities;

to guarantee the fishing rights of small-scale fishers, and to act to limit conflicts with other fisheries, larger-scale in particular;

to monitor the coastal environment, taking into account the fact that large pelagic fish and their migration can be affected greatly by modification of grounds, coastline and change in water quality;

where appropriate, to encourage the installation of fish aggregating devices, not only to enhance fishing opportunities for tuna by aggregation and retaining migrating fish but also for making sailing offshore for large pelagics safer.

7. Conclusion

While the recent development of responsible fisheries concepts is undoubtedly creating more/new constrains for fishing operators, it is worth drawing attention to the very impressive development, at the same time, of modern information technology (in addition to progress regarding fish detection) which creates new conditions for fishing. Mention can be made of actual facilities for - vessels and gear monitoring; - world navigation systems; - easy inter-vessel communications; - satellite based environmental sensing; - easy transfer of statistical and scientific data, all of special interest to the world-wide tuna industry and making "responsible tuna fishing" feasible, profitable and sustainable.

ANNEX System of lights and shapes for fishing gear and fishing elements

Extract of an Annex to FAO Technical Guidelines for Responsible Fisheries: a proposal appropriate to the marking of longlines, gillnets/driftnets used for large pelagic fish.

...

2.2 Where practicable, all position indicators attached to fishing gear should:

a) be as conspicuous as possible in a clear daytime atmosphere from a distance of at least 2 nautical miles at sea level;

b) carry radar reflectors;

c) carry lights with characteristics which do not conflict with those of navigational marks and which would be a distance of at least 2 nautical miles; and,

d) be fitted with a coloured flag or flags of fluorescent material, as an aid to daytime visibility.

2.3 Lights and shapes should also indicate the direction and extent of set and drifting gear.

2.4 Electronic devices, such as transponders and radio beacons which automatically and continuously indicate their position by means of signals may be used in addition to the lights and shapes. Such devices, however, must not operate at frequencies that would conflict with other devices used for navigation and search and rescue purposes.

........

3.2 Anchored or drifting fishing gear with the upper continuous edge of the gear at a depth of more than 2 metres below the surface should be marked in the following manner:

a) fishing gear set below the level of the sea and extending from an anchor or parent vessel, should be marked at both extremities by a spar buoy and at intermediate positions. The distance between the intermediate marks, and between the ntermediate marks closest to the extremities and the extremity markers should not exceed one kilometre. In the case of fishing gear attached to a vessel, the extremity of the gear nearest to the vessel need not carry a marker;

b) for recognition in daytime, the westernmost end spar buoy of such gear extending horizontally in the sea should be fitted with two flags one above the other or one flag and a radar reflector. The end spar buoy at the most easterly extremity should be fitted with one flag or a radar reflector; and,

c) for night time recognition, the most westerly end spar buoy should have two white lights one above the other; the most easterly end spar buoy to have one white light.

3.3 Fishing gear set within the upper two metres of the water column, and therefore a hazard to small transiting vessels, should be marked in the following manner:

a) for day time recognition, the extremities of the gear should have spar buoys carrying top marks consisting of two spherical shapes, one above the other at no more than one metre apart; the diameter of the upper of the two spheres to be smaller but no less than one half the diameter of the lower one;

b) for night time recognition, the spar buoys placed at the extremity of the gear should have two yellow lights, one above the other at no less than one metre apart and of different characteristics to lights fitted to intermediate buoys;

c) gear extending more than one kilometre should have intermediate buoys placed at distances of not more than one kilometre; intermediate spar buoys should have one spherical shape for day time recognition and one yellow light for night time;

d) "gates" should be provided for the free passage of surface vessels. Each side of the gate should be marked by spar buoys; the closest intermediate float should not be more than 10 meters from these spar buoys; and,

e) attended gear need not be marked at the extremity attached to a fishing vessel.

3.4 The dhan-buoy used with active gear, such as anchor seining, fly dragging and purse seining, should comply with the provisions as set out in paragraph. 2.2.

3.5 Fish aggregating devices should be marked in the same way as fishing gear and carry means to identify their position by day and by night. As a minimum requirement, they should comply with the provisions set out in paragraph 2.2. The requirements of paragraph 2.4 should apply to the use of electronic devices fitted to FADs.