International Framework of Ecosystem Approach to Fisheries: With Reference to Policy and Legislative Practices of Malaysia

Introduction

The incorporation of the ecosystem approach to fisheries (EAF) into the legal and normative framework of international fisheries-related instruments is a testament to the growing recognition by the global community on the need to adopt a more holistic approach in fisheries governance (Food and Agriculture Organization (FAO), 2005, p. 4). By far the most significant of these instruments came into existence following the adoption of the United Nations Convention on the Law of the Sea (LOSC) in 1982. These post-LOSC instruments - legally-binding multilateral treaties, declarations, guidelines, and resolutions - were, either discussed or negotiated, and eventually adopted at varying stages of meetings and fora under the auspices of the United Nations (UN) General Assembly or the FAO. The rest were approved through separate initiatives by regional fisheries bodies around the world.

Some notable fisheries-related instruments with explicit and implicit reference to the guiding principles and management measures of the EAF include the FAO Compliance Agreement,¹ the UN Fish Stocks Agreement,² and the FAO Code of Conduct for Responsible Fisheries.³ Additional set of instruments for responsible fisheries in which the EAF framework were drawn upon, consist of non-binding International Plans of Actions (IPOAs) that individually deal with specific issues in the field of fisheries management, explicitly shark management, seabird by-catch, fishing capacity, and illegal, unreported and unregulated (IUU) fishing.⁴ The rest of instruments of relevance to the EAF framework were the outcome of a series of intergovernmental conferences organized for addressing the complexities of sustainable resources management and development, such as the 1992 United Nations Conference on Environment and Development (UNCED) and the 2002 World Summit on Sustainable Development.

Synonymous with the recognition of EAF in the above-mentioned global fisheries-related instruments is the increased commitment by States in implementing this particular approach (FAO, 2014, p. 75). Nevertheless, no matter how comprehensive the international legal and policy framework for responsible fisheries is, accomplishing the full potential and effectiveness of this framework would entail State to have the political will, along with the technical and financial capacity, to fully implement and comply with this international regime.

Therefore, this chapter analyses the extent to which Malaysia has adopted the EAF framework for the sustainable and responsible management and conservation of marine fisheries in Malaysian Fisheries Waters. It is worth noting that the coverage area “Malaysian Fisheries Waters” encompasses three distinctive maritime jurisdictional zones sanctioned by the LOSC, namely, the internal water, the territorial sea and the EEZ. As an illustration, the latter two measured seaward from the baselines. The first objective of this chapter is to provide background of and to examine the principles and management measures under international fisheries instruments regarding the exercise of the EAF. This chapter also discusses the impetus behind the global community’s increasingly recognition of the EAF regime as reflected by its adoption of the various instruments that in turn are critical in securing the long-term viability of marine capture fisheries industry and the global economic health. Second, this chapter analyses Malaysia’s national policy and legislative frameworks, which have referred to or adopted EAF principles and measures. Finally, it examines the gaps in the frameworks relevant to the implementation of the international framework of EAF, and where applicable, recommends policy and legal reforms to address the identified gaps.