Principles and measures

(1) Every person, when performing functions under this Act, shall apply– (a) the following principles and measures– (i) conservation and management of fishery resources shall be conducted in a transparent, accountable and inclusive manner using best practices; (ii) fishing shall be commensurate with the use of resources taking into account the impacts on non-targeted and associated or dependent species and the general obligation to protect and preserve the marine and freshwater environment; (iii) measures and management decisions shall be based on the best information available and designed to maintain or restore stocks at levels capable of producing maximum yield, or any other approved reference points, as qualified by relevant environmental, social and economic factors, and taking into account fishing patterns, the interdependence of stocks and species interaction; (iv) inter-sectoral participation and broadening of stakeholder participation (v) overfishing and excess capacity shall be prevented or eliminated; 20 Fisheries Resources (vi) data on including information relating to the ecosystems, social and economic systems in which fisheries occur, shall be collected, verified, reported and shared in a timely and appropriate manner; (vii) effective enforcement of, and compliance with, conservation and shall be pursued to protect biodiversity; (viii) pollution and waste originating from fisheries operations, discards, by- catch, lost or abandoned gear and impacts on other species and marine ecosystems shall be minimized or eliminated where possible; (ix) the welfare and livelihood of fishers and the fishing community shall be improved; and (b) the precautionary approach and an ecosystem approach in accordance with sub-sections (2) and (3). (2) The precautionary approach shall be applied widely to the conservation and management of fishery resources in order to protect the resources and to preserve the aquatic ecosystems in which they exist, and in particular, in the application of this Act, every person shall– (a) be cautious when information is uncertain, unreliable, or inadequate; (b) not use the absence of adequate scientific information as a reason for postponing or Fisheries Resources [CAP. 210 21 failing to take conservation and management (c) take account of best practices regarding the application of the precautionary approach, including Annex II of the Fish Stocks Agreement; and (d) take into account livelihoods and users of fisheries resources. (3) An ecosystem approach shall be applied widely to the conservation and management of aquatic resources.