Appendix C Alternative Legal-Political Frameworks for Exploiting the 

 Living Resources of the High Seas 



I. GIVE EACH COASTAL STATE EXCLUSIVE ACCESS TO THE LIVING RESOURCES OF THE 

 WATERS SUPERJACENT TO ITS CONTINENTAL SHELF 



Existing claims to extended exclusive fisheries zones are sought to be justified essentially on the 

 argument that if the geographical status of the coastal State warrants its control over the mineral and 

 sedentary living resources of the continental shelf, it also warrants its control over the non-sedentary 

 living resources of the superjacent waters. For the purpose, the continental shelf could be defined as the 

 panel recommended for mineral resources exploration and exploitation, i.e., 200 meters or 50 nautical 

 miles from the coast, whichever gives the coastal State the greater area for exclusive fisheries 

 exploitation. In addition, to make this alternative workable, the coastal State could be given permanent, 

 exclusive access to any fish stock, the bulk of which is centered in the waters superjacent to the 

 contiaental shelf as thus defined, even though the stock is sometimes found in waters beyond.' 



It is difficult to determine what percentage of the world's fish catch would thereby be allotted to the 

 coastal States, but it is estimated that 75 percent of that catch is taken within 200 miles of land. 



a. There are many arguments for this alternative— other than the analogy to the natural resources of 

 the continental shelf. 



(1) It will make possible more effective regulation to conserve the resources and to exploit them 

 economically because the coastal State will be able to act unilaterally to safeguard its own interests. 



However, it should be pointed out in reply, this is merely a potentiahty. As Dr. W. B. Chapman has 

 emphasized to us, the California sardine, the Atlantic and Gulf menhaden, the Atlantic and Gulf oyster, 

 have been substantially depleted even though the United States has exclusive access to these species. The 

 Pacific mackerel and Alaskan king crab are in similar danger. Peru and Chile have overfished the sperm 

 whale in waters to which they claim exclusive access. 



Furthermore, most developing coastal States do not have the scientific and technical competence 

 necessary for effective regulation. 



(2) It wiU remove the fears of developing coastal States that the status quo threatens their future 

 access to the living resources of the high seas. 



(3) It may moderate the conflict between the United States and Chile , Eduador and Peru. However, 

 our recommended redefinition of the continental shelf would fall far short of satisfying the present 

 claims of these countries. 



(4) It cannot be said for certain what impact the alternative would have on United States fishermen. 

 That would depend on estimates of (a) the quantity of fish now taken by foreigners in waters to which 

 the United States would have exclusive access under the proposal; (b) whether United States fishermen 

 would actually take the additional stocks thereby made available to them; (c) the quantity of fish now 

 caught by United States fishermen in waters to which foreign coastal States would have exclusive access 

 under the proposal; and (d) whether United States fishermen would be excluded from these waters by 

 such States. 



b. There are also many arguments against the alternative. 



(1) The analogy to the mineral resources of the continental shelf is not apt. As we pointed out in 

 Chapter III, the Truman Proclamation of 1945, which was the foundation for the subsequent 

 Convention on the Continental Shelf, was justified on a number of grounds which are not appUcable to 

 living resources. It was justified on the ground that effective exploitation of the mineral resources of the 

 continental shelf would require the cooperation and protection of the coastal State; but fishermen are 



See Dodyk, Report on the International Law of Ocean Fisheries 144-45 (Prepared for National Council on Marine 

 Resources and Engineering Development, 1967). 



VUI-150 



