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same states' responsibility for the conservation of the stocks, 

 including an explicit obligation for the protection of fisheries 

 habitat both on the high seas and within EEZs. 



In this regard, the negotiation of the anadromous species 

 provision of UNCLOS - Article 66 - is instructive. Articles 63 

 (2), 64, and 66 are, to a large extent, variations of the same 

 basic issue - the relative rights of coastal and high seas 

 fishing states over transboundary stocks in international waters. 



During the Third United Nations Conference on the Law of the Sea, 

 several coastal states, amongst them the United States and 

 Canada, advanced the argument that coastal states, in whose 

 rivers anadromous species spawn, should have preferential rights 

 over the fisheries for anadromous species while on the high seas 

 because of the costs borne by the coastal states in maintaining 

 the habitat of these fish. The end result of the negotiations - 

 Article 66 - gives coastal states virtually exclusive rights to 

 determine the extent, if any, of fishing for anadromous species 

 on the high seas. Article 66, however, does not contain any 

 explicit obligation to maintain the habitat of these fish. 



The practical result or, to borrow the language of Agenda 21 

 (17.49 e) , the "effective implementation" of Article 66 has been 

 coastal states success in negotiating international agreements to 

 prohibit high seas fishing for salmon in the North Atlantic 

 (North Atlantic Salmon Conservation Organization) and the North 



