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Letter From Greenpeace, Natural Resources Defense Council, World 

 Wildlife Fund, Inc., and National Audubon Society 



July 14, 1994. 



David Colson, 

 Department of State, 

 Washington, DC 20520 



Dear David: Only a little more than a month remains before the August 15 start 

 of the third substantive session of the UN Conference on Straddling Fish Stocks and 

 Highly Migratory Fish Stocks. The undersigned NGO's urge you and your Govern- 

 ment to speak out, prior to and during that session, in favor of two very important 

 matters: (1) a legally binding treaty tnat addresses conservation and managernent 

 measures comprehensively, and with real substance; and (2) effective opportunities 

 for NGO's to access key documents and monitx)r the ongoing negotiations. 



Numerous Government officials and the Chair, Ambassador Nandan, participated 

 in intersessional negotiations in Buenos Aires, Argentina, from June 13—17. Impor- 

 tant substantive taScs occurred during that meeting, including circulation of draft 

 documents (e.g., Canada's new draft treaty). Officials there also committed to pre- 

 paring, prior to August 15, a more widely agreed treaty text. 



It is becoming increasingly clear that the crisis in global fisheries is worsening. 

 In all regions of the world, fish stocks are under serious pressure, some ecosystems 

 have collapsed, and others are seriously impacted. Some nations are taking aggres- 

 sive actions that imply extensions of their exclusive economic zones, or making pub- 

 lic statements which threaten to move in that direction. Fishing fleets continue ille- 

 gal activities, and tensions between fleets from different nations on the high seas 

 and within national zones is on the rise. 



The conference could conclude in a tragedy of international proportions should 

 governments refuse to act collectively and responsibly in its remaining sessions. 

 Moreover, such collective and responsible action must not only address the high seas 

 but also the failure of conservation and management measures within zones of na- 

 tional jurisdiction. To avoid such a tragedy governments must, expeditiously and in 

 good faith, negotiate a legally binding global treaty that contains, inter alia, suffi- 

 cient substance to ensure: 



• stringent conservation and management standards; 



• a significant reduction in fishing capacity, which currently far exceeds supply; 



• a rapid phase-out of nonselective fishing gear and practices, thereby resulting 

 in major reduction in by-catch, waste and discards; 



• obligations to protect the marine environment from adverse effects of 

 nonfishing activities (e.g., marine pollution, habitat degradation), which are integral 

 to fisheries conservation; 



• a precautionary and ecosystem approach applied across the ranges of the 

 stocks; 



• commitments by coastal states, via "coherence, compatibility" or "consistency" 

 provisions, to adopt and implement strengthened conservation standards; 



• effective mecnanisms for NGO participation; 



• arrangements and mechanisms recognizing the special interests of fisherfolks 

 and fishworkers organizations, coastal communities, women, subsistence and 

 artisanal fishing groups; and 



• effective dispute settlement procedures and obligations. 



Regarding NGO participation, at the close of the March 1994 session of the con- 

 ference, NGO's presented an open letter to the chair and delegates, "expressjing] 

 strong concern aoout the recent exclusion of NGO's from negotiating sessions." the 

 letter observed that such exclusion "contradicts the letter and spirit of Agenda 21 

 and followiip of UNCED," and concluded by saying that: 



"NG(3 organizations and representatives call upon you and all States to in- 

 clude NGO participation at any intersessional meetings that may take place be- 

 tween now and the next session, and to ensure NGO participation in August, 

 including in so-called 'informal informals.'" 

 This call was supported by many delegations in the final plenary session. It is un- 

 fortunate that several of these same delegations have failed to followup on public 

 statements supporting NGO participation (e.g., NGO requests to Canadian, U.S. and 

 Argentinian onicials to monitor the Buenos Aires meeting were rejected.) Moreover, 

 other governments have failed to respond altogether. We remain well aware of the 

 fact that NGO's have no direct role in the negotiating process, as stated by the 

 Chair at the close of the April 1993 organizational session. However, we believe 

 that— for NGO's and other affected communities— transparency and timely dissemi- 

 nation of information (e.g., early access to the new draft treaty) is not only wise, 

 but essential to the broader and longer term success of this conference. 



