48 MANAGEMENT OF HIGH SEAS FISHERIES 



North Pacific Ocean would indicate that the solution of these prob- 

 lems will require an approach which is probably different from that 

 which will be valid for other parts of the world. Indeed, in most 

 other areas of the oceans the fisheries problems have not been studied 

 enough to determine their character. In particular we refer to the 

 application of the principle of abstention to the North Pacific. 



The principal task that faces those who will renegotiate the North 

 Pacific Fisheries Treaty will be the definition of objectives. It would 

 hardly seem possible to develop a workable treaty without agreement 

 on objectives which are clearly defined and completely understood 

 by all participants. While these objectives must provide for the full 

 development of all fisheries, at the same time it is essential that they 

 recognize the necessity for management, and for protecting the inter- 

 ests of those countries which have made extensive financial sacrifices, 

 and subjected their fisheries to various restraints, to maximize fish- 

 eries which are still being fully utilized. The requirements which 

 determine the application of the abstention principle should be 

 formulated more precisely so as to eliminate, wherever possible, the 

 disagreements about intent and meaning that have occurred luider 

 the present treaty. 



The continued use of the principle of freedom of the seas to fish- 

 ing seems to result in part from a feeling that the law must be the 

 same for all uses of the sea. The comment of Professor Lipson (1958) 

 seems appropriate here, when he says that no unitary rule could or 

 should be devised to cover the overlapping types of zones and uses of 

 the high seas. "There is no reason why one rule of law must apply 

 to the regulation, control, prohibition, or mutual tolerance of such 

 diverse activities as navigation, fishing, conservation of fisheries and 

 cable laying. . . ." This thought applies equally to the need for rec- 

 ognition of different requirements of the fisheries in different parts 

 of the oceans. Freedom of fishing is not reconcilable ^vith develop- 

 ment of effective high seas fisheries management practices. 



It must be recognized that neither the biological nor economic 

 aims of regulation are reconcilable with free entry into the fisheries 

 of anyone who may want to exploit them. This means that entry 

 into any fishery which does not have an infinite capacity for produc- 

 tion will eventually have to be limited. The North Pacific Treaty 

 should provide for some limitation of entry into the fisheries for 

 salmon and halibut, and for other species that in the future become 



