43 



the country's 200-mile limit on the Nose and Tail of the Grand Banks threatens to 

 exacerbate the already intense acrimony that has arisen in the wake of the demise 

 of the region's groundfishery. 



Similar fisheries conflicts are occurring with increasing regularity worldwide. 

 Measures need to be taken to prevent these skirmishes from escalating into a series 

 of fish wars. An international agreement that efiectively addresses these conflicts 

 is clearly in the interests of the United States. 



The UN Process 



Population crashes, the poor performance of a number of existing international 

 management organizations and the increasing conflict between nations over fishing 

 of straddling and highly migratory species led to an agreement at UNCED to con- 

 duct negotiations aimed at developing a more effective international regime for 

 these fisheries. The UN negotiations began last year and will continue with a two- 

 week-session next month in New York. While this session was originally intended 

 to be the last, we now understand that negotiations will likely continue after August 

 with the goal of reaching agreement in the spring of 1995. 



The agreement that emerges from this process has significant potential to improve 

 the way fisheries are managed around the world and, to help ensure the integrity 

 of ocean ecosystems. For this goal to be realized however, major obstacles to reach- 

 ing a strong, legally binding agreement must be overcome and the negotiating text 

 must be strengthened.^ The role of the U.S. in both efforts will be key. We have 

 urged the United States to take the following initiatives: 



1. Advocate the adoption of strong conservation measures: Strong minimum con- 

 servation standards are necessary to effectively address overfishing, depletion, and 

 impacts on non-target species in their ecosystems. The U.S. took a leadership role 

 in shaping and promoting the inclusion of precautionary management measures in 

 the negotiating text during the March session. However, much work is needed to 

 expancf on and strengthen the language in the Chairman's negotiating text on pre- 

 cautionary measures, reference points and other key conservation issues. The U.S. 

 will need to press hard to elevate the text. 



2. Advocate the adoption of a legally binding global agreement that is comprehen- 

 sive: A key issue in the upcoming negotiations will be to what extent the text will 

 be legally binding. We strongly suppwrt a comprehensive legally binding text even 

 if this means negotiations are prolonged for a year or two years. This is because 

 in the absence oi a legally binding regime, compliance with key provisions in the 

 text on conservation, compliance, enforcement and dispute resolution will be vol- 

 untary. Without the force of law, we believe the text will have little impact on the 

 status quo and the pressing problems of overfishing, depletion and international 

 conflict that increasingly plague international fishing. 



3. U.S. Leadership is Required: Unresolved conflicts between nations over key is- 

 sues continue to stand in the path of reaching an agreement. Overcoming these hur- 

 dles will require vision and leadership on the part of the U.S. and a clear signal 

 that the U.S. is serious about achieving a strong, legally binding global regime that 

 will ensure the sustainability of the world's fisheries. A commitment to using the 

 U.S.' considerable leverage to pressure other governments to come to an agreement 

 will be essential. 



THE FLAGGING CONVENTION 



The "Agreement to Promote Compliance With International Conservation and 

 Management Measures By Fishing Vessels on the High Seas," concluded last fall, 

 represents an important step towards addressing the problem posed by vessels that 

 undermine international fisheries conservation efforts. The Agreement focuses on 

 one aspect of this problem, the flagging and reflagging of vessels to avoid fishing 

 restrictions that would otherwise apply. 



Reflagging is a significant obstacle to the effectiveness of international fisheries 

 management organizations. Vessels dissatisfied with conservation measures im- 

 posed^by its flag state can, simply reflag to a state that does not, impose such meas- 

 ures. The vessel is then free to fish as it pleases. The Agreement addresses this 

 problem by imposing requirements on flag states to control the activities of their 

 vessels and ensure that such vessels do not undermine the effectiveness of inter- 

 national conservation and management measures, among other things. 



*See attachment I for the comments of NRDC, the National Audubon Society, and the Center 

 for Marine Conservation on the draft negotiating text that emerged from the most recent formal 

 negotiating session, held in March. See attachment II for the recommendations of these groups 

 and Greenpeace for U.S. actions prior to and during the August session. 



