Continued from page 5Endnotes
1. David E. Joneschild, B.S. graduate of Duke University, researched and prepared a draft of this report under the supervision of Eugene H. Buck, Senior Analyst in Natural Resources Policy.
2. Buck, Eugene H. Overcapitalization in the U.S. Commercial Fishing Industry. CRS Report 95-296 ENR. Feb. 22, 1995. 19 p.
3. Convention of the High Seas, Article 2(2), April 29, 1958, 13 U.S.T. 2312, T.I.A.S. No. 5200, 450 U.N.T.S. 82.
4. For further information, see: Buck, Eugene H. United Nations Convention on the Law of the Sea: Living Resources Provisions. CRS Report 95-4 ENR. Dec. 19, 1994. 6 p.
5. Buck, Eugene H. Living Aquatic Resource Laws and Treaties: Reference Guide. CRS Report 95-174 ENR. Jan. 19, 1995. 29 p.
6. Miles, Edward L., and William T. Burke. "Pressures on the United Nations Convention on the Law of the Sea of 1982 Arising from New Fisheries Conflicts- The Problem of Straddling Stocks." Ocean Development and International Law, v. 20 (1989): 343-357.
7. Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas: Message from the President of the United States. Senate Treaty Document 103-24. p. V.
8. Shipowners are required to register their vessels with a state. Once registered, the vessel flies the flag of that state, and that state regulates the ship's activities.
9. Congressional Record, p. S14467.
10. Personal communication with William E. Dilday, Office of Fishery Affairs, Bureau of Oceans and International Environmental and Scientific Affairs, U.S. Department of State, on September 21, 1995.
11. Personal communication with Commander Vince O'Shea, United States Coast Guard (Fisheries Enforcement), on September 21, 1995.
12. Straddling stocks are distributed across one or more jurisdictional boundaries. The Aleutian Basin stock of Alaska pollock, for example, is a straddling stock, occurring in the EEZs of both the United States and the Russian Federation as well as in the international waters in the central Bering Sea, commonly referred to as the Donut Hole.
13. Highly migratory fish stocks are those which migrate large distances, often crossing several national boundaries as well as inhabiting international waters. Examples include tuna and billfish, but exclude anadromous species such as Pacific salmon. A list of highly migratory species is presented in Annex I of UNCLOS.
14. The EEZ was established by UNCLOS to equalize the rights of individual coastal States to exploit the resources and to protect the marine environment off their coasts. Article 55 of UNCLOS defines the EEZ as an area beyond and adjacent to the territorial sea. Coastal States exercise sovereign rights for exploring and exploiting as well as conserving and managing EEZ natural resources (Article 56). According to Article 57, the seaward limit of the EEZ can extend no farther than 200 miles from the baseline from which the breadth of the territorial sea is measured. An EEZ for the United States was proclaimed by President Reagan on March 10, 1983 (Presidential Proclamation 5030).
15. United Nations Conference of Environment and Development. Agenda 21, Chapter 17. "Protection of the Oceans, All Kinds of Seas, Including Enclosed and Semi-Enclosed Seas, and Coastal Areas and the Protection, Rational Use and Development of Their Living Resources." Paragraphs 17.49 and 17.49(e). June 14, 1992.
16. Although Japan, Poland, South Korea, Spain, Russia, and Taiwan account for 90 percent of the world's fish harvest from international waters according to FAO, of these only Russia has signed the Agreement
17. Subsequent language in the Agreement suggests that "optimum utilization" encompasses biological, economic, and social concerns. Balancing these interests may be contentious because they sometimes conflict. Thus, optimum utilization represents a compromise among concerns.
18. Despite being a somewhat dated term, "maximum sustainable yield" is used in the Agreement. Today, "optimum yield" is more commonly used, to include economic and social considerations. Maximum sustainable yield normally encompasses only biological factors.
19. The requirements for collecting and sharing data are discussed in Annex I of the Agreement. These requirements aim to remedy the inadequate collection and sharing of data that precluded an accurate understanding of the impacts of fishing and stymied stock assessments in the past. For the United States, section 303(d) of the Magnuson Fishery Conservation and Management Act authorizes the Secretary of Commerce to release data in "any aggregate or summary form which does not directly or indirectly disclose the identity or business of any person."
20. Guidelines for application of the precautionary approach are discussed in Annex II of the Agreement. See also Garcia, S.M. The Precautionary Approach to Fisheries with Reference to Straddling Fish Stocks and Highly Migratory Fish Stocks. FAO Fisheries Circular No. 871. 1994. 76p.
21. For examples of the benefits and liabilities of operating under such a regional agreement, see: Buck, Eugene H. Atlantic Bluefin Tuna: International Management of a Shared Resource. CRS Report 95-367 ENR. Mar. 8, 1995. 26 p.
22. Although the Agreement does not specify either unanimous or majority consent, the tendency has been toward using majority consent to prevent lone states from blocking management decisions. If consensus cannot be reached, conflicts will be resolved as outlined in the "Dispute Settlement" section below.
23. Considering new member state interests or those of states wishing to join a regional management organization encourages these states to responsibly participate in the fishery. Limiting participation to only existing members may result in illegal fishing by non-members with little regard for management efforts.
24. The United States already has demonstrated a commitment to sustainable fishery resource conservation and management for enclosed areas beyond national jurisdiction. These efforts include the multilateral Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea (Washington, 1994) and domestic legislation such as the Sea of Okhotsk Fisheries Enforcement Act of 1995 (Title V of P.L. 104-43).
25. 16 U.S. Code 1853(a)(1)(A)
26. Recruitment rate is the rate at which additional individuals enter a population or some segment thereof, usually through reproduction, growth (allowing individuals to enter that portion of a population of harvestable size), or immigration.
27. Personal communication with William E. Dilday, Office of Fishery Affairs, Bureau of Oceans and International Environmental and Scientific Affairs, U.S. Department of State, on October 3, 1995.
28. Buck, Eugene H. Northwest Atlantic Fisheries Organization. CRS Report 93-324 ENR. Mar. 17, 1993. 4 p.
29. Personal communication with William E. Dilday, Office of Fishery Affairs, Bureau of Oceans and International Environmental and Scientific Affairs, U.S. Department of State on October 5, 1995.
30. Agreement to Reduce Dolphin Mortality in the Eastern Pacific Tuna Fishery, La Jolla, 1992; entered into force on April 23, 1992. Participating states include the United States, Spain, Mexico, and other Latin American states.
31. For further information, see Buck, Eugene H. Tuna and the GATT. CRS Report 91-666 ENR. Dec. 12, 1991. 7 p. Bills to modify U.S. regulations and implement the Declaration of Panama have been introduced in the 104th Congress in both the House (H.R. 2179) and Senate (I. 1420).
32. In existing form, the language concerning trade and the precautionary approach may differ from U.S. policy. If the Code were designed as a binding agreement, the United States would likely require careful consideration of these provisions.
33. Personal communication with Larry Snead, Office of Fishery Affairs, Bureau of Oceans and International Environmental and Scientific Affairs, U.S. Department of State, and Becky Roots, Office of International Affairs, National Marine Fisheries Service, on October 24, 1995.
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