56 



Committee to carefully review sections 6 through 10 of the Act to ensure that its 

 enforcement provisions are no broader than those imposed on domestic fishermen 

 operating within the EEZ. 



We beueve that Congressional approval of this legislation would allow the United 

 States to remain a non-participant in NAFO without diminishing its international 

 stature in support of "the sustainable use of the living marine resources of the hi^ 

 seas". 



In further considering the somewhat arcane but interesting ideas contained in the 

 revised negotiating text of the UN Conference on Straddling Fish Stocks and Highly 

 Migratory Fish Stocks, I can sa^ that the Maine Sardine Council is also in support 

 of these discussions and most of'^the Conference's goals. Again, the committee should 

 recognize that the New England fishing industry has not been following these dis- 

 cussions closely. While the AFM has therefore not considered the text, I would be 

 surprised if this broad initiative would be opposed by anyone. 



Of particular interest would be the document's recognition of high seas allocations 

 based upon historical fishing practices. The area of developed countries' obligations 

 to developing states could be an area of concern in terms of the scarcity of fisheries 

 research and enforcement resources in this country today. 



I can predict widespread opposition, which I share, over these negotiations pro- 

 ducing a legally binding treaty at this time, however. There has been essentially no 

 industry and management council input into this process and the agreement is poor- 

 ly understood. Its vague language in a number oi areas would render it unenforce- 

 able. 



The Conference should develop an agreement with the force of customary inter- 

 national law when it convenes again next month. These legal standards would be 

 adequate to guide the development of straddling stock and highly migratory offshore 

 regimes of interest to the United States. 



Thank you for your attention to our views. I would be pleased to provide the Com- 

 mittee with any additional information and answer any questions which you may 

 have for me. 



letter from edward e. wolfe, deplty assistant secretary for oceans and 

 fisheries affairs, department of state 



August 27, 1987. 



Mr. Jeffrey Kaelin, 

 Maine Sardine Council, 

 Brewer, ME 04412 



Dear Jeff: Thank you for your efforts in arranging and hosting the industry 

 meeting on U.S. membership in the Northwest Atlantic Fisheries Organization 

 (NAFO) for us in Portland en July 29. At Portland, as at all of the meetings, the 

 message was clear. We will not move towards accession to NAFO without assurance 

 that there are benefits to the U.S. fishing industry. The interchange of ideas at each 

 of the meetings was productive and iniormative and we understand that there is 

 no pressure at present for NAFO membership from the industry in New England. 



The Ninth Annual Meeting of NAFO will take place in Halifax, Nova Scotia, Sep- 

 tember 14-18. 1987. My ofiice and the Office of International AfTairs in the National 

 Marine Fisheries Service will each send an observer. They will rep)ort on the signifi- 

 cant results of the meeting, if any, upon their return. We will keep you posted if 

 there are important developments in this area. We will also attempt to determine 

 what incentives Canada may offer in exchange for membership in NAFO. 



Thank you again for your help and your advice. 

 Sincerely, 



Edward E. Wolfe, 

 Deputy Assistant Secretary for Oceans and Fisheries Affairs. 



Senator Kerry. Thank you very much. 



Senator Stevens has a scheduling conflict, so I am going to turn 

 to him first. 



Senator Stevens. Thank you very much. I do have one. I am 

 grateful to you for holding this hearing, Mr. Chairman, and I want 

 you to know that Alaskans are proud of David Benton, what he has 

 been doing in international negotiations, working with the State 

 and NOAA in particular, to really provide more firm protection for 

 our fisheries off Alaska. 



