Barnes, J.

Burnett-Herkes, J.

Ninnes, C.

English

Aquatic Commons

104
IMPLICATIONS FOR THE CARIBBEAN REGION OF AN
INTERNATIONAL AGREEMENT ON CONSERVATION
AND MANAGEMENT OF STRADDLING FISH STOCKS
AND HIGHLY MIGRATORY FISH STOCKS.
         
JAMES BURNETT-HERKES1, CHRISTOPHER NINNES2 
AND JOHN BARNES3
1Dr. James Burnett-Herkes
Permanent Secretary
Ministry of the Environment
Hamilton, Bermuda
2Mr. Christopher Ninnes
Department of Environment and Natural Resources
Turks and Caicos Islands.
3Mr. John Barnes, Director
Bermuda Department of Agriculture
Fisheries and Parks.
         
ABSTRACT
            The United Nations Conference on Straddling Fish Stocks and Highly
Migratory Fish Stocks was convened in New York in August 1994 to consider a
revised negotiating text that sought to implement those articles of the United
Nations Convention on the Law of the Sea relating to the conservation and
management of these types of fish stocks. This paper discusses the possible
implications for coastal states in the wider Caribbean and Gulf of Mexico of the
United Nations reaching a consensus to put in place a binding agreement that would
seek to ensure long-term conservation and sustainable use of straddling fish stocks
and highly migratory fish stocks. of particular interest are proposals for adoption
of a precautionary approach to management; the compatibility of conservation and
management measures and development of mechanisms for international
cooperation for adapting management measures; for the harvest of stocks and for
enforcement of management measures, rules and regulations.
         
INTRODUCTION
The United Nations Law of the Sea Convention (UNCLOS) (United
Nations, 1983) commenced in 1982 and following the requisite number of
ratifications will become fully operative in November, 1994. It should be noted that
the United Kingdom has recently become party to this binding agreement and it is
likely that the provisions will be extended to the British dependent territories in the
Atlantic and Caribbean regions. This extremely broad international legislation has
Proceedings of the 47th Gulf and Caribbean Fisheries Institute
105
important ramifications not only for fish stocks but also in terms of maritime law,
ship’s registers, territorial waters, extended areas of jurisdiction (Exclusive
Economic Zones), various other marine resources and pollution considerations.
A result of the implementation of the Law of the Sea will be a document
that will address, specific articles of UNCLOS which make provisions for the use
of fish stocks and other living marine resources in high seas. it will ensure the rights
afforded coastal states under UNCLOS are protected and define the rights of flag
states and port states as these also comprise important aspects of international law.
It is important to realise that the modern utilisation of marine resources has
developed to such an extent that the impact of management measures taken by one
country on a fish stock may well affect the resources of other countries. Similarly,
lack of management and over-utilisation of resources may damage fish stocks on
a regional or sub-regional basis. 
Thus it is in this context that UNCLOS tries to address the concerns of
coastal states (countries bordering the sea and having a claim on the resources
contained therein) while not preventing free access to and utilisation of stocks
found on the high seas. High seas are defined as those areas which are beyond the
jurisdiction (200 mile limit generally) of any coastal state.
These initiatives are an international attempt to prevent the collapse of
more fisheries on a worldwide basis and this is obviously a good thing and is much
needed. It will carry with it, however, the obligation for all countries to comply with
the resolutions made by the regional management agency. It is therefore important
for all countries to be involved in the decision-making process and to know and
understand what is being proposed.
DISCUSSION
The United Nations Conference on Straddling Fish Stocks and Highly
Migratory Fish Stocks, as governed by The United Nations Law of the Sea
Convention, commenced on Monday, 15th August 1994 at U.N. Headquarters in
New York City.
Following the various opening statements, work began on the discussion
of and amending of the revised negotiating text of a proposed convention which
will, in due course, govern international fisheries efforts for highly migratory
species (tunas, marlins and sharks) and straddling stocks (cod, haddock and lobsters
among many others).
This is expected to be a lengthy process since it involves a document of
about 28 pages of text, much of which is controversial. There are fundamental
differences between many of the countries present at the Conference. This is
particularly with regard to issues important to coastal states as opposed to the
Proceedings of the 47th Gulf and Caribbean Fisheries Institute
106
Distant Water Fishing Nations (DWFN).
The so-called Distant Water Fishing Nations are those countries which
exploit not only their domestic fishing zones but whose fleets harvest fish stocks all
over the world. These include Japan, Korea, Poland, Spain, France, Italy, China, to
name a few.
The present draft document attempts to address the concerns of the DWFN
to whom continued access to the world’s oceans is essential while at the same time
protecting the interests of island and coastal nations which may only have artisanal
fisheries.
It should be recognized that many jurisdictions in the greater Caribbean
region, both sovereign nations and dependent territories, manage their own fisheries
under their own laws and, in general, that these are all fully committed to the need
for effective conservation and management of their respective fish stocks. A
deterioration of the world fisheries situation has brought home to these islands a
number of consequences including unlicenced vessels fishing in their zones; vessels
fishing straddling stocks just beyond their 200 mile limits, and, the adoption of
quotas of highly migratory stocks by regional fisheries organizations in which they
do not participate.
Fundamental to the proposed agreement is a reliance on the formation of
effective regional and/or sub-regional fisheries management organizations or
arrangements. These bodies would have responsibility to:
         
1.  define conservation and management measures
2. make allocations of quotas and limits on fishing effort, where necessary
3.  recommend minimum standards for the responsible conduct of fishing
operations
4.  facilitate the collection of scientific advice and to review the status of
fish stocks
5. produce standards for the collection, reporting verification and exchange
of data on fish stocks
6. compile and disseminate accurate and complete information on fish
stocks
7. promote and conduct scientific assessment of fish stocks and related
research
           8. establish cooperative mechanisms for effective monitoring, control,
surveillance and enforcement of fishing activities;
9. provide means by which fishing interests of new members or
participants in the organization can be accommodated
10. provide decision-making procedures for the adoption of conservation
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107
and management measures in a timely and effective manner
11. provide procedures for the peaceful settlement of disputes including
compulsory procedures for binding decisions
12. ensure the full cooperation of national agencies and industries in the
work of the sub-regional or regional fisheries management organization or
arrangement.
         
It is not the intent of the agreement to set up new regional bodies but,
where possible, to work within the framework of existing organizations such as the
International Commission for the Conservation of Atlantic Tunas (ICCAT). On the
other hand, it would seem to be necessary to establish and develop a new regional
body to address the management of straddling stocks in the wider Caribbean.
The result of the August 1994 session of the Convention was a document
tabled by the Conference Chair, Ambassador Satya Nandan (Fiji) entitled Draft
Agreement For The Implementation Of The Provisions Of The United Nations
Convention On The Law Of The Sea Of 10 December 1982 Relating To The
Conservation And Management Of Straddling Fish Stocks And Highly Migratory
Fish Stocks, (Nandan, 1994).
Although there were a number of matters which remained unresolved at
the conclusion of the August, 1994 meeting it appeared likely that much of this
draft document would be incorporated into the final product of these deliberations.
A major element of the outcome of this Conference at the resumption of
negotiations in March 1995 (tentative) will be a decision on whether or not the final
document takes the form of a binding international agreement or is merely a series
of guidelines for international participation. In either case, there will be implications
of a significant nature for many of the coastal states of the Caribbean and Gulf
regions.
It would be beneficial for small coastal states and island countries for the
final product to be binding as this will help to ensure proper international
management of the pelagic species upon which fisheries in the Gulf and Caribbean
regions are largely dependent.
There is, however, another aspect of such an agreement that will impact
considerably on the coastal states and that is the requirement for the enforcement,
including the requirement for each country to provide the resources needed to
enforce the provisions of such an agreement.
Coincidental to the Conference presently under discussion was the
acceptance of the FAO Agreement (Food and Agricultural Organization, 1994) to
promote compliance with international conservation and management measures by
fishing vessels on the high seas. This document sets guidelines for the flagging of
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108
fishing vessels, and generally establishes a code of conduct relating to aquaculture
development, fishing operations, trade and research.
Many of these aspects involve the commitment of funds to enable the
recommendations to be carried out and, in addition, may have a detrimental effect
on the generating of funds from revenue sources such as the flagging of fishing
vessels.
 Of particular interest to the Greater Caribbean are the highly migratory
species such as tuna, marlins and sharks which are already exploited by most
islands to some extent as well as straddling species such as spiny lobsters, groupers
and other species which are found from Brazil to Bermuda.
Although it can be argued that regional management organizations exist
for the highly migratory stocks and indeed there are some bi-lateral and
multi-lateral arrangements relating to certain shared stocks, the question of
straddling stocks is far more vexatious.
Generally the sections of the draft agreement dealing with straddling
stocks are designed more for codfish than they are for groupers and spiny lobsters
but the same principals apply.
 Some stocks in the Caribbean region can be classified as straddling
because eggs and larvae are widely distributed by complex ocean current patterns
resulting in broadly distributed gene pools. Most grouper species and spiny lobsters
fall into this category and present challenges for management on a regional basis.
Unfortunately, this has never been done and in spite of the interdependency of one
country’s stock on another we see today the effects of overfishing and loss of
critical habitat occurring at an alarming rate.
Uncontrolled fishing on aggregating spawning stocks and the virtually
uncontrolled use of fish pots together with the loss of critical (inshore) habitat has
resulted in the decline of a number of grouper species to levels where they are
economically extinct as a commercial fishing resource in some areas and are
threatened with the same fate in others.
 Similarly, the protection of spawning stocks of spiny lobsters (particularly
the wide ranging Panulirus argus) through institution of size limits or realistic and
enforceable catch quotas will ensure recruitment of this valuable resource
throughout it range.
The continued harvest of sub-adult animals as presently practiced in some
countries like the U.S.A., Brazil and Mexico is a recipe for disaster.
The roles that a regional body must play in the long-term management of
valuable regional stocks such as grouper and lobster are varied and include, inter
alia, the development of effective management measures for each species of
concern; the adoption of those measures by countries in the region and the strict
Proceedings of the 47th Gulf and Caribbean Fisheries Institute
109
enforcement of management measures by those countries. Not an easy task when
one considers the number of countries involved, the number of official languages
(five) spoken in those countries; the geography and the cultures, customs and
economics of the region.
Overall, however, it is obvious that the regional fisheries organizations are
going to become more important and it is likely that presently existing fora,
particularly those already sanctioned by United Nations agencies such as the Food
and Agricultural Organization (FAO), Intergovernmental Oceanographic
Commission for the Caribbean (IOCARIBE) and Western Central Atlantic Fisheries
Commission (WECAFC) will have to play a greater role in the future. Thus, it will
be advantageous to participate in these organizations prior to the formulation of
new management measures or the imposition of a system of quotas. To this end,
Bermuda has already begun the process of obtaining membership in ICCAT which
is the regional management organization for most of the pelagic species caught in
local waters.
Other coastal states within the Gulf and Caribbean region have had
representation at this United Nations Conference on Straddling and Highly
Migratory Stocks and have also expressed interest in exploring the possibilities for
membership in ICAAT as they too harvest tuna and related species both on a
domestic level and with Distant Water Fishing Fleets.
Given the likely development of international fisheries, this is probably the
best course of action for coastal states in this region and while there will still remain
a number of unresolved issues which will have to be negotiated between
like-minded states and their neighbors, it is likely that the overall shift to
international management regimes will favour solutions that will be of benefit to the
region as a whole rather than to a limited number of marine resource users.
         
LITERATURE CITED
Food and Agriculture Organization of the United Nations. 1994. Guidelines for the
Responsible Management of Fisheries. Technical Consultation on the
Code of Conduct for Responsible Fishing. Rome, Italy.
Nandan, S. 1994. Draft Agreement For The Implementation Of The Provisions Of
The United Nations Convention On The Law Of The Sea Of 10 December
1982 Relating To The Conservation And Management Of Straddling Fish
Stocks And Highly Migratory Fish Stocks. The United Nations
Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks.
New York.
United Nations. 1983. The Law of the Sea United Nations Convention on the Law
of the Sea with Index and Final Act of the Third United Nations
Proceedings of the 47th Gulf and Caribbean Fisheries Institute
110
Conference on the Law of the Sea. United Nations, New York.


Agriculture Organization of the United Nations.

Draft Agreement For The Implementation Of The Provisions Of The United Nations Convention On The Law Of The Sea

The Law of the Sea United Nations Convention on

Implications for the Caribbean region of an international agreement on conservation and management of straddling fish stocks and highly migratory fish stocks

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Implications for the Caribbean region of an international agreement on conservation and management of straddling fish stocks and highly migratory fish stocks

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