45 



The problem that we have, Mr. Chairman, is that while we agree 

 that the United Nations Conference on Straddling Stocks and 

 Highly Migratory Species does present an opportunity, currently, 

 we do not think that the text provides us any assurances that our 

 interests are going to be protected. And, in fact, the result could 

 undercut our position with regard to the straddling stocks in the 

 Donut Hole. 



As you have noted, the text is tepid. It is not designed to be a 

 binding agreement presently. It pretty much, in my view, preserves 

 the status quo, and it subjects the United States, if we were a 

 party to it, to this mandatory dispute resolution process. And that 

 could, indeed, jeopardize the agreements that we have reached in 

 the Central Bering Sea, for example. 



The results from this conference are coupled with the pending 

 adoption of the United Nations Law of the Sea, and the United 

 States becoming a party to that treaty, because, in many ways, the 

 same kinds of mechanisms for dispute resolution are embodied in 

 the Law of the Sea. And, we are also concerned that UNCLOS 

 would be used to dismantle the nonbinding resolutions at the Unit- 

 ed Nations regarding driftnets. 



If the United States is going to become a party to UNCLOS and 

 become subject to binding dispute resolution mechanisms, then we 

 are very, very concerned about the future of the driftnet morato- 

 rium over the long haul, and we really believe that the driftnet ban 

 has to be reinforced through some kind of binding agreement. 



And I think. Senator Stevens, that the questions you asked of 

 Ambassador Colson and Will Martin from NOAA were right on the 

 money. I think that they have not particularly considered the im- 

 plications for driftnets or straddling stocks. They just want to get 

 these things done and just move on. And I think that we need to 

 encourage the administration to look at ways whereby we could re- 

 inforce the ban on driftnets and make that a binding part of inter- 

 national law, so that we do not have that problem in the future. 



And I will close, Mr. Chairman. 



Thank you. 



[The prepared statement of Mr. Benton follows:] 



Prepared Statement of David Benton 



Thank you Mr. Chairman for this opportunity to testify before you today regard- 

 ing international fisheries issues in the North Pacific. For the record, I am David 

 Benton, the Director of the Office of External and International Fisheries, Alaska 

 Department of Fish and Game. 



1 would like to speak today about a number of recent developments which we be- 

 lieve will have a significant impact on living marine resources in the North Pacific 

 and Bering Sea, and the ability of the United States to effectively promote the con- 

 servation and management of those resources. The events 1 am referring to, Mr. 

 Chairman, are the successful conclusion of a convention for the management of pol- 

 lock resources in the Central Bering Sea, the implementation of the new North Pa- 

 cific Anadromous Fish Convention, the recent change in the United States' position 

 regarding the product of the U.N. Conference on Straddling Stocks and Highly Mi- 

 gratory Fish Stocks, and related matters. 



Mr. Chairman, in order to fully appreciate the significance of these events, a little 

 historical perspective may be in order. 



In 1989, well over 100 Japanese salmon driftnet vessels were fishing on the high 

 seas of the North Pacific and Bering Sea. This fleet was intercepting large numbers 

 of North American salmon in a directed high seas salmon fishery authorized pursu- 

 ant to the terms of the International Nortn Pacific Fisheries Convention (INPFC). 

 At the same time, nearly 1000 high seas driftnet vessels from Japan, the Republic 



