Measures to promote responsible fishing

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Measures to promote responsible fishing

• MS205 Law of the Sea

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Challenges

• Freedom of High Seas (Article 87)
• Primacy of Flag State Jurisdiction (Articles 91,
  92, 93)
• How do we treat Stateless vessels (vessels with
  no nationality or more than one nationality)?
• Third States (Vienna Convention)

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Conservation and Management of Living Resources
of High Seas

• Article 116 (Conditional right to fish)
• Article 117 (Duty to adopt measures for
  conservation with respect to nationals)
• Article 118 (Duty to cooperate)
• Article 119 (Conservation of LRs of High Seas)

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Recent International Instruments

• 1993 FAO Compliance Agreement.
• 1995 Code of Conduct for Responsible Fisheries.
• 1995 UN Fish Stocks Agreement.
• 2000 WCPF Convention.
• International Plans Of Actions Seabirds,
  Capacity, Sharks, IUU.

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Strategy

• All States
• Coastal State
• Port State
• Flag State
• Market State
• Regional Fisheries Management Organisation/Regiona
  l/Sub-regional Fisheries Arrangements
• Neighbouring States

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CASE STUDY JEANETTE DIANA

• Background
• United States had not accepted the 200-mile EEZ
  and from 1980 to 1987 US fishing vessels fished
  all over the South Pacific without much
  intervention.
• US view at the time was that because tuna were
  highly migratory, they did not come under the
  exclusive jurisdiction of coastal States beyond
  the territorial sea limits.

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CASE STUDY JEANETTE DIANA

• US vessel Carol Linda had run aground in Kiribati
  while fishing in Kiribati waters. Other US
  vessels Lone Wolf and Bold Adventurer were
  photographed fishing illegally in Solomon Islands
  waters. The US stated that it was not responsible
  for the actions of individual vessels.
• In FSM, Ocean Pearl was about to be blacklisted
  for dropping a speed boat rigged to its boom on
  top of a boarding party, but paid US500,000.
  Pricilla M was involved in a criminal action and
  her owners were ordered to pay US400,000 in an
  out-of-court settlement.

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CASE STUDY JEANETTE DIANA

• Arrests
• The first arrest was by PNG in 1982 of the Danica
  a 1,500 tonne US purse-seiner. American
  Tunaboat Association
• On 20 June 1984 US purse seiner Jeanette Diana
  was seized after a chase from the Solomon Islands
  patrol boat. Three shots were fired at the US
  purse-seiner to stop it. The defendants (captain
  and owners of vessel) were charged and found
  guilty by the High Court.
• The Court fined them a total of S172,000 and
  ordered the forfeiture of the vessel, gear and
  illegal catch. The SI government moved to sell
  the vessel for SI3.9 million.

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CASE STUDY JEANETTE DIANA

• What followed
• US imposed a ban on the import of fish products
  from SI under the Magnusson Act.
• Solomon Islands then banned all US vessels from
  fishing in its waters and offered an open
  invitation to the Soviet Union for negotiations
  on fishing rights.
• After 7 months, agreement was reached in April
  1985. The Solomon Islands sold the vessel back to
  its owners for SI770,000 and the import embargo
  was lifted.

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CASE STUDY JEANETTE DIANA

• Outcomes and Lessons
• 1987 US Multilateral Treaty concluded.
• Magnusson-Stevens Fishery Conservation and
  Management Act amendments.
• Lacey Act type provisions (e.g. PNG Solomon
  Islands).
• Regional, sub-regional and bilateral cooperation
  vital.