THE PRECAUTIONARY APPROACH______________

The term "precautionary approach" has become a buzz-word in marine fisheries management within the last few years to the point where the 1998 Guidelines for National Standard 1 of the Magnuson Act in part 600 state: "In general, Councils should adopt a precautionary approach to specification of OY." Since its inclusion in the 1995 document by FAG, the Code of Conduct for Responsible Fisheries, the definition of what the precautionary approach is and what actions constitute the achievement of it have been many and varied. The following discussion is intended
to bring some clarity to the issue by giving a brief history of the definition of the "precautionary approach" and examples of actions that can be taken to achieve it.

Dr. Rob Stephenson, DFO, New Brunswick defines the precautionary approach in the following statement from the proceedings of a conference on herring stock assessment and research priorities held in December 1997 at the New England Aquarium. "What is the precautionary approach? It is a concept aimed at insuring sustainable development and rational use. It involves the application of prudent foresight, taking into account uncertainties. We need to take action with incomplete knowledge. It has a lot of words that have not really been defined or operationalized, but basically I would put it this way: We have to be explicit about the needs for future generations, we have to avoid irreversible changes which are damaging to the ecosystem. Wel?ave to identify in advance undesirable outcome. We need to be efficient and effective in corrective measures and whenthere is uncertainty, give benefit to the resource."

What is the precautionary approach and how do we achieve it?

The "Code of Conduct for Responsible Fisheries" which was originated at the International Conference on Responsible Fishing in 1992 and adopted by the FAO (Food and Agriculture Organization) in 1995, was one of the first documents to conCretely define the precautionary approach and its application to fisheries. Although it is voluntary, parts are relevant to internationallaw. The purpose of the Code is to "provide principles and standards applicable to
the conservation, management and development of fisheries. It also covers the capture, processing and trade of fish and fishery products, fishing operations, aquaculture, fisheries research and the integration of fisheries into coastal area management."

Code of Conduct for Responsible Fisheries
Article 7.5 Precautionary Approach

7.5.1 States should apply the precautionary approach widely to conservation, management and exploitation of living resources in order to protect them and preserve the aquatic environment. The absence of adequate scientific information should not be used as a reason for postponing or failing to take conservation and management
measures.

7.5.2 In implementing the precautionary approach, States should take into account, inter alia, uncertainties relating to the size and productivity of the stocks, reference points, levels and distribution-of fishing mortality and the impact of fishing activities, including discards, on non-target and associated or depelrclant species as well as
environmental and socio-economic conditions.

States and subregional or regional fisheries management organizations and arrangements should, on the basis of the best scientific evidence available, inter alia, determine:

a.) stock specific target reference points, and, at the same time, the action to be taken if they are exceeded; and
b.) stock specific limit reference points and at the same time, the action to be taken if they are exceeded; when a limit reference point is approached, measures should be taken to ensure that it will not be exceeded.

7.5.4 In the case of new or exploratory fisheries, States should adopt as soon as possible cautious conservation and management measures; including, inter alia, catch limits and effort limits. Such measures should remain in force until there are sufficient data to allow assessment of the impact of the fisheries on the long-term sustainability of the stocks, whereupon conservation and management measures based on that assessment should be implemented. The latter measures should, if appropriate, allow for the gradual development of the fisheries.

7.5.5 If a natural phenomenon has a significant adverse impact on the status of living aquatic resources, States should adopt conservation and management measures on an emergency basis to ensure that fishing activity does not exacerbate such adverse impact. States should also adopt such measures on an emergency basis where fishing activity presents a serious threat to the sustainablility of such resources. Measures taken on an emergency basis should be temporary and should be based on the best scientific evidence available.

The NOAA Technical Memorandum: Technical Guidance on the Use of Precautionary Approaches to Implementing National Standard One of the Magnuson-Stevens Fishery Conservation and Management Act defines the precautionary approach in this manner. "The precautionary approach implements conservation measures even in the absence of scientific certainty that fish stocks are being overexploited. In a fisheries context, the precautionary approach is receiving considerable attention throughout the world primarily because the collapse of many fisheries resources is perceived to be due to the inabilityto implement timely conservation measures without scientific proof of overfishing. Thus, the precautionary approach is essentially a reversal of the "burden of proof." (NOAA 1998).

Examples of precautionary measures

1.) Taken from: Rocking the Boat: Conserving Fisheries and Protecting Jobs (McGinn 1998).

Control access to the fishery early, before problems apear.

Encourage responsible fishing through some form of fishing tenure or limited access.

Place a cap on both fishing capacity and total fishing catch rate

Develop conservative catch limits and define upper range.

If upper range is exceeded, implement recovery plans immediately to restore the stock.

Reduce subsidies and encourage development of fisheries that are economically self-sufficient.

Establish data collection and reporting systems.

Avoid targeting fish that are too young or too small.

Minimize bycatch through the use of more selective gear.

Use area closures and marine protected areas to limit risks to the resource by providing refuges for stocks and restoring habitat.

Develop management plans cooperatively with stakeholders and ensure ongoing participation and feedback.

2.) Taken from: Technical Guidance on the Use of Precautionary Approaches to Implementing National Standard One of the Magnuson-Stevens Fishery Conservation and Management Act (NOAA 1998).

Develop marine protected areas

Use "clean" gear types to minimize impacts of fisheries on stocks.

Place restrictions on the physical characteristics of gear (such as mesh size, hook size, and other physical characteristics) to minimize impacts of fisheries on the stocks and damage to the habitat.

Modify fishing characteristics to minimize impacts of fisheries on the stocks and damage to the habitat.

Modify fishing seasons to achieve conservation goals.

The need for precautionary management is immediate and critical. The luxury of time no longer exists for developing new ways of management and increased data collection for some rockfish species. Everyone involved in these issues must acknowledge and accept that the problems and questions identified with fisheries management in this report will never be completely answered or remedied solely through the actions of increasing data collection and/or scientific research. No matter how much time and money are dedicated to these actions answers that pass the "beyond a
shadow of a doubt" test will not always be found. In the face of this ever-present uncertainty, the Council, NMFS, all management entities, and the fishing industry must begin to utilize the precautionary approach in the management of West Coast rockfish stocks. It is intuitive in the face of doubt to err on the side of caution. Time and time again federal and state management entities have gambled with the health of the rockfish resource and erred on the side of risk.