General Assembly Session 50 meeting 81

Mr. Laclaustra (Spain)

I have the honour of speaking on behalf of the European Union.

A year has passed since the United Nations Convention on the Law of the Sea entered into force. This marked the culmination of an effort, begun many years ago, towards the codification and progressive development of international law in this very important field. The number of States parties continues to grow, and, thanks to the Agreement relating to the Implementation of Part XI of the Convention, wider acceptance of the Convention has been facilitated.

The European Union wishes to express its satisfaction at the progress being made in setting up the institutions and organs created by the Convention. The job of creating these institutions is never easy. Nevertheless, we note that the Meetings of States Parties have managed to respond to these problems through realistic, gradual and flexible solutions that fully accord with the principle of cost-effectiveness.

Yesterday, the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stock was opened for signature. The European Community and its member States actively participated in the Conference at which this text was negotiated and finally adopted. At present, however, it is not possible for the European Community and its member States to sign the Agreement, as the required internal procedures have not yet been completed.

Once these procedures are finalized, the European Community and its member States will ensure their continued participation in, and commitment to, this important process. This active participation is based on the firm commitment of the European Community and its member States to responsible fishing and international cooperation in the management and conservation of living marine resources. We hope that this management, which will promote the sustainable use and development of the oceans and seas and their resources, will be carried out in accordance with the principles of cost-effectiveness, without duplication of efforts.

We would like to conclude by stating that the European Union is aware of the importance of the new phase that the law of the sea is entering, with a Convention in the process of being widely accepted and a system of institutions reflecting the will of the international community as to the sustainable management of the sea in a way that promotes the maintenance and strengthening of international peace and security as well as the economic and social development of all peoples.

Mr. Linton (Sweden)

We have just listened to the representative of Spain speaking on behalf of the European Union, and, of course, I fully agree with his statement. I should therefore like to confine my statement to a few comments on the issue of straddling fish stocks.

Sweden has, like all other members of the European Union, actively promoted the negotiation and conclusion of the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. My Government welcomes the opening for signature of this important global legal instrument, being, as it is, of a legally binding nature.

The Agreement thus constitutes an important tool for solving many problems now facing us -- for instance, unregulated fishing, overcapitalization, excessive fleet size, vessel reflagging to escape controls, insufficiently selective gear and unreliable databases. It is a major vehicle for addressing the lack, up to now, of sufficient cooperation between States in order to ensure long-term sustainability in world fisheries. It is furthermore an important step in a process towards responsible sustainable fisheries on the high seas and in fishing for straddling fish stocks and highly migratory fish stocks in the economic zones of the parties to the new Agreement.

It is now important that the process of implementation become successful. Otherwise, major commercial fish stocks around the world may collapse. The food security of millions of poor coastal people in the third world will be at risk, and world fisheries will face enormous problems. Our task is urgent. It is consequently the hope of the Swedish Government that the Agreement will be urgently signed and ratified by all those States that fish the important fish stocks covered by the Agreement and that urgent action will be taken to implement it. I regret that my country was not in a position to sign the Agreement yesterday, since the internal procedures within the European Community could not be completed in time. Let me assure the Assembly that our signature will be added without delay.

The conservation and management regime of the new Agreement is built on sustainability. It stresses the wide application of the precautionary approach to the management of straddling fish stocks and highly migratory fish stocks in order to protect living marine resources, the marine environment and its biological diversity. The Agreement furthermore introduces the necessary strict measures for multilateral enforcement of conservation and management measures.

Regional fisheries organizations will be the major vehicle for the implementation of the Agreement. Only those States which are members of or participants in these organizations, or which agree to apply their conservation and management measures, will have access to the fishery resources of the high-seas areas covered by the organizations. The organizations are open for membership to all States having an interest in the fisheries concerned. There is an urgent need to strengthen the regional fisheries organizations in order to carry out the new tasks assigned to them by the Agreement. They will have to organize meetings of member countries to prepare and adopt conservation and management decisions. Research must be organized, as well as monitoring, control and enforcement regimes. Secretariats, scientific institutions and laboratories may have to be established in the various regions. Tools for effective multilateral enforcement will have to be built up. Considerable efforts and investments might be necessary.

The Swedish Government has therefore proposed that the Food and Agriculture Organization of the United Nations (FAO) should prepare to assist the regional organizations, in particular in developing regions, in organizing for the performance of the new tasks. To that end, my Government has suggested that FAO urgently carry out a comprehensive study on possible options for mobilizing the necessary resources for financing the fixed, operating and other costs.

Let me conclude by stating that the new Agreement embraces some of the major commercial fish stocks in the high seas. Its provisions on general principles regarding conservation and management, as well as on the application of the precautionary approach, also apply to fishing for straddling fish stocks and highly migratory fish stocks in the economic zones. The full application of the Agreement by all the fishing nations of the world will make it possible to save these stocks for this generation and for future generations.

Before closing, I want to express the Swedish Government's acknowledgement of the skill, the firm leadership and the commitment of Ambassador Satya Nandan as one of the main architects of the Agreement.

Mr. DeCotiis (United States)

The United States is pleased to note that the international community continues to place great importance on issues involving the oceans and living marine resources. As a global and common resource, they offer an unparalleled opportunity to advance the principles of sustainable use and international cooperation. We therefore support the draft resolution being considered under agenda item 39, on the law of the sea, and the two draft resolutions under agenda item 96(c), dealing with the sustainable use and conservation of living marine resources of the high seas.

The 1982 United Nations Convention on the Law of the Sea continues to serve as a comprehensive framework with respect to the uses of the oceans. It creates the structure for the governance and protection of all marine areas, including the airspace above and the seabed and subsoil below.

In signing the accompanying Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea on 29 July 1994, the United States indicated that it intends to apply the Agreement provisionally, pending ratification. We are participating in the establishment of the International Seabed Authority, the International Tribunal for the Law of the Sea and the Commission on the Limits of the Continental Shelf. We are working to ensure that form follows function in the creation of these important institutions. In this regard, we welcome the efforts of the sponsors to effectuate the principles of cost- effectiveness of this draft resolution, particularly with regard to the frequency and duration of meetings. The United States is proceeding with its domestic procedures for accession to the Convention and ratification of the Agreement as soon as possible.

We commend the references in the draft resolution which link the strategic importance of the Convention on the Law of the Sea to chapter 17, on oceans, of Agenda 21 of the United Nations Conference on Environment and Development. This linkage is serving to strengthen the cooperation between States, especially in the area of marine environmental protection. Just last month, the United States hosted the United Nations Environment Programme conference on the protection of the marine environment from land-based activities. Practical, down-to-earth, hands-on solutions to the difficult issues raised by land-based sources of marine pollution and degradation of the coastal environment were incorporated in a programme of action and Washington declaration. We believe that the 1982 United Nations Convention provides the firm foundation upon which States can take action to improve the health of the marine environment.

Yesterday the United States, joined by other nations, signed the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks.

As a principal sponsor of resolutions 47/192, 48/194 and 49/121, through which the General Assembly convened the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, the United States commends the Conference for achieving its difficult goal and adopting a well-balanced Agreement by consensus. The United States supports the Agreement because its general principles and specific provisions on use of a precautionary approach, compatibility, regional and subregional organizations or arrangements, collection and exchange of data, enforcement and peaceful settlement of disputes strike a reasonable balance between conservation and fishing concerns, and between the interests of coastal States and States whose vessels fish on the high seas.

The United States hopes that all nations that signed the Agreement yesterday will soon deposit their instruments of ratification and urges those nations which were not able to sign the Agreement yesterday to do so as soon as possible in order that the Agreement may enter into force in the near future.

The United States is pleased to sponsor also the draft resolution dealing with large-scale pelagic drift-net fishing, unauthorized fishing in zones of national jurisdiction, and fisheries by-catch and discards. As a principal sponsor of General Assembly resolution 46/215, on large-scale pelagic drift-net fishing, the United States takes a particular interest in the full and effective implementation of that resolution, in particular the call for all members of the international community to fully implement a global moratorium on all large-scale pelagic drift-net fishing on the high seas by 31 December 1992. The United States believes that the best scientific evidence demonstrates the wastefulness and potential ecosystem-scale negative impacts of such fishing.

The United States has taken measures, both individually and collectively, to prevent large-scale pelagic drift-net fishing operations on the high seas and has called upon others to implement and comply with the resolution. The United States urges that any activity or conduct inconsistent with the terms of the resolution be reported to the Secretary-General. The United States has taken a number of steps to implement the resolution, including, among other things, prohibiting large-scale drift-net fishing in the United States exclusive economic zone and making it unlawful for United States nationals and vessels to engage in large-scale drift-net fishing anywhere on the high seas. We have also announced plans to promote observance of the global moratorium by vessels of all flags, including through steps the United States intends to take in the event that United States enforcement authorities have reasonable grounds to believe that a fishing vessel encountered on the high seas is conducting, or has conducted, large-scale pelagic drift-net fishing inconsistent with the resolution.

United States fisheries enforcement authorities continue to monitor high seas fishing activities in support of resolution 46/215 by conducting aircraft sorties and cutter patrols in areas of former large-scale high seas drift-net fishing activity. This year, United States enforcement officials, with the cooperation of other concerned Governments, detected a stateless vessel on the high seas equipped for large-scale drift-net fishing operations in the North Pacific. The stateless vessel was boarded and escorted to a United States port for further investigation and prosecution. The United States remains vigilant in its efforts to implement resolution 46/215. The United States is aware of reports of drift-net fishing in other areas and has undertaken efforts to investigate such reports. We call upon all members to ensure full compliance with resolution 46/215.

In this regard, we continue to encourage all members of the international community to take measures to prohibit their nationals and fishing vessels from undertaking any activity contrary to resolution 46/215 and to impose appropriate penalties against any vessel that may undertake such activities. The United States strongly supports continued monitoring of the implementation of resolution 46/215, in particular the global moratorium on large-scale pelagic drift-net fishing on the high seas, and would welcome a report to the General Assembly at its fifty-first session on implementation of the resolution.

As the principal sponsor of General Assembly resolution 49/116, the United States is especially interested in ensuring that flag States fulfil their obligation to prevent fishing vessels entitled to fly their national flag from fishing in zones under the national jurisdiction of other States, unless duly authorized, and to ensure that these fishing operations are conducted in accordance with the terms and conditions established by the competent authority. States have an obligation under international law, as reflected in the United Nations Convention on the Law of the Sea, to take measures to prevent fishing vessels entitled to fly their national flag from fishing in zones under the national jurisdiction of other States, unless duly authorized to do so. Article 56, paragraph 1, of the Convention provides that coastal States have sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources within their respective zones of national jurisdiction. Furthermore, article 62, paragraph 4, of the Convention provides that nationals of other States fishing in the exclusive economic zone shall comply with the conservation measures and with the terms and regulations established in the laws and regulations of the coastal State.

The United States has taken steps to prevent unauthorized fishing in zones under the national jurisdiction of other States by vessels entitled to fly the United States flag. These steps include domestic legislation prohibiting the importation and sale of fish taken in violation of any foreign law. The United States has also entered into several agreements containing specific provisions which prohibit unauthorized fishing by United States flag fishing vessels in areas under the national jurisdiction of other States. Violators of these measures are subject to fines, imprisonment or other enforcement action.

The United States attaches extreme importance to compliance with resolution 49/116 and encourages all flag States of the international community to take measures consistent with the Food and Agriculture Organization of the United Nations (FAO) Code of Conduct for Responsible Fisheries to prevent fishing vessels entitled to fly their flag from fishing in zones of other States unless duly authorized and ensure that such fishing operations are conducted in accordance with the conditions set out in such authorization. The United States would welcome a report to the General Assembly at its fifty-first session on implementation of the resolution.

As a principal sponsor of General Assembly resolution 49/118, the United States is also very interested in fisheries by-catch and discards. Fisheries by-catch and discards of by-catch are an increasing global economic, environmental and political concern, as States and relevant international organizations and regional fisheries management organizations and arrangements attempt to rebuild depleted stocks, maintain biological diversity, protect endangered species and ensure maximum sustainable use of fishery resources.

The United States is encouraged that the Agreement on straddling fish stocks and highly migratory fish stocks and the Code of Conduct for Responsible Fisheries, both adopted this year, contain provisions to address fisheries by-catch and discards. The Agreement contains a general obligation, among other things, for countries to minimize waste, discards, catch by lost or abandoned gear, catch of non-target species -- both fish and non-fish species -- and impacts on associated and/or dependent species -- in particular endangered species -- through measures including, to the extent practicable, the development and use of selective, environmentally safe and cost-effective fishing gear and techniques.

The Code contains guidelines for the conduct of fisheries conservation and management, fishing operations, aquaculture development, post-harvest practices, and research. In particular, the guidelines on fishing-gear selectivity and practices are aimed at reducing by-catch and discards.

The United States is working to reduce by-catch and discards in its international and domestic fisheries. International efforts in this regard include a proposed Western Hemisphere sea turtle convention to reduce the incidental take of sea turtles in Caribbean Basin shrimp fisheries. The United States is also a party to the Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea and the Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean. Each of these agreements contains specific measures either to minimize or to prohibit the retaining of non-target species. The United States is also working extensively with the International Pacific Halibut Commission to control and reduce halibut by-catch in groundfish fisheries off its west coast.

Finally, the United States urges all States to work with relevant international organizations and regional fisheries management organizations and arrangements to take action to adopt policies, apply measures, collect and exchange data and develop techniques to reduce by-catch, discards and post-harvest losses consistent with international law and relevant international instruments, including the Code of Conduct for Responsible Fisheries.

Mr. Samana (Papua New Guinea)

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