54 



Council deliberations. These international negotiations are not 

 transparent, in U.N. terms, for New England fisherman. 



While the Associated Fisheries of Maine has not had the oppor- 

 tunity to consider the draft legislation to implement the flagging 

 agreement which is before your committee, the Maine Sardine 

 Council can certainly support its passage, but we do ask that you 

 carefully review the bill to ensure that its enforcement provisions 

 are no broader than those imposed on domestic fisherman operat- 

 ing without our own EEZ today. I just do not have the background 

 to be able to make that determination myself. 



We do believe that congressional approval of this important 

 international agreement would allow the United States to remain 

 a nonparticipant in NAFO without diminishing its international 

 stature and support for the sustainable use of the living resources 

 of the high seas around the world. Discussions with Ambassador 

 Colson as recently as this morning, have led me to believe that the 

 State Department can support this view. 



While there has not been widespread review of the revised nego- 

 tiating text of the U.N. Conference on Straddling Stocks by Maine 

 fisherman, I would be surprised if the broad initiative would be op- 

 posed by anyone. As has been said by others this morning, it is a 

 little bit weak and wishy-washy, as so many international agree- 

 ments are. Relative to our relationship with Canada, of particular 

 interest to us is the document's recognition of high seas allocations 

 based upon historical fishing practices. 



I believe that at this time I could predict widespread opposition 

 to a legally binding treaty, because there has been essentially no 

 industry and Fishery Management Council input into the process. 

 The agreement is very poorly understood at this time. I am not an 

 expert in this area. In preparing my remarks, I was thinking that 

 the conference should certainly continue and make progress, but a 

 treaty with the force of customary international law should be ade- 

 quate to guide the high seas straddling stocks regimes that would 

 be of interest to the United States. 



We just are not plugged into the process, Mr. Chairman, and I 

 think at this time we could not support a binding agreement. I 

 guess the draft that we have looked at would not be a final treaty 

 anyway. We do look forward to continuing to focus on this with 

 you, and we do certainly recognize that there are some serious 

 overfishing issues around the world. We are dedicated to trying to 

 resolve those in our own backyard, and look forward to continuing 

 working with you toward that goal. 



That is the end of my remarks. I would be happy to answer any 

 questions you might have. 



[The prepared statement of Mr. Kaelin follows:] 



Prepared Statement of Jeffrey H. Kaeun 



Thank you for the opportunity to speak with you about some Maine and New 

 England perspectives on current issues in international fisheries conservation and 

 management. 



In addition to representing Maine's $40 million canned herring industry today, my 

 comments concerning the Northwest Atlantic Fisheries Organization (NAFO)are 

 made in behalf of the Associated Fisheries of Maine (AFM). While my term as Presi- 

 dent of this organization ended earlier this year, I remain active in developing the 

 AFM's government relations. policies. The AFM is a broad-based organization, rep- 



