FISHING LAW IN PANAMA: A project that gathers the best international practices of fishing legislation

PANAMA
Wednesday, March 03, 2021, 07:00 (GMT + 9)

PANAMA - After going through a period of intense debates and heated questions, the final version of the draft Fisheries Law does not contain any of the elements that were bitterly criticized, and includes the most modern concepts of fisheries legislation, following the recommendations of the United Nations Food, Agriculture and Fisheries Organization (FAO).

The project had been harshly criticized by representatives of artisanal fishing, stating that it established fines that were impossible to pay, prohibited shark fishing, and forced fishermen to disembark at authorized docks, which is not always possible. for the 25 thousand artisanal fishermen, many of whom operate from beaches and shores.

It is clear that the opinions of the artisanal sector are fundamental, especially considering that its International Year is approaching in 2022, and that without its active collaboration many of the Panamanian fishing resources are unmanageable.

In what CeDePesca was able to observe, after a meticulous reading of the final version of the project, none of those questioned elements are present: no fines are defined for artisanal fishing, no specific measure in relation to sharks appears, and it is authorized the use of beaches and shores for landings, prior coordination with ARAP.

Another aspect that was questioned has been the change of composition in the Responsible Fisheries Commission, a consultative body of ARAP, which, strictly speaking, has never functioned since its creation. It is criticized that the participation of representatives of the different sectors of artisanal fishing was reduced and, on the other hand, the original place of the NGOs in its composition was restored, expressing particular concern regarding the participation of one of them.

The concern is understandable, however, it is a matter of less importance, since this advisory body does not make decisions, and the ARAP will define its members among shortlists proposed by the organizations of each sector, so it is most likely that there will be a periodic rotation of its members. On the other hand, it is also foreseen that other people may be invited to their meetings to express their points of view.

On the other hand, the Law highlights the role of artisanal fishing in much of its articles, establishes the concept of co-management with the participation of fishermen, and adopts advanced concepts from the FAO Code of Conduct for Responsible Fisheries such as the precautionary principle, the ecosystem approach, sustainability as the basis for the use of aquatic resources, and defines tools such as research and management plans for each resource, logbooks and authorizations for sailing and traceability.

As a very important detail, this Law creates for the first time the category of sport fisherman, obliges him to obtain a national fishing license, and to pay a fee for it, which puts an end to the lack of control of the sector.

In summary, beyond the fact that any legal instrument is perfectible, we observe that this law represents enormous progress towards the management and sustainable management of Panama's aquatic fishery resources, and, therefore, creates the bases for its actors, fishermen and other sectors in the production chain can benefit from the recovery of overexploited stocks and their maintenance at an optimal level in the future.

Source: CeDePesca

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