General Assembly Session 60 meeting 55

Mr. Ozawa (Japan)

Today the number of States parties to the United Nations Convention on the Law of the Sea is 149, and there are 122 States parties to the Agreement on the Implementation of Part XI of the Convention. We are pleased to see that these numbers are growing and that the Convention is coming to be widely accepted by the international community. Japan believes that the role of the Convention is becoming increasingly important as the international community faces a range of new issues, including the increase in transnational crimes such as terrorism, piracy and illegal trafficking in drugs, and the growing pressures on the marine environment. Each of these new issues needs to be addressed in a manner that respects the spirit and provisions of the Convention.

Japan, a seafaring nation with a vast exclusive economic zone and continental shelf, is committed to the United Nations Conference on the Law of the Sea and to the organs established under it, namely, the International Tribunal for the Law of the Sea, the International Seabed Authority and the Commission on the Limits of the Continental Shelf. As the largest contributor, we have actively participated in the work of those organs and intend to contribute further to their activities.

With regard to the Tribunal, Japan attaches great importance to its role in the maintenance of order and stability with respect to the ocean. Japan is willing to work steadily to establish and strengthen the rule of law and the principle of the peaceful settlement of conflicts through support for the Tribunal's activities.

With regard to the Commission on the Limits of the Continental Shelf, the omnibus draft resolution recognizes how important it is for States to exchange views in order to facilitate the preparation of submissions to the Commission. To that end, Japan, in cooperation with the United Nations University, is planning to host a symposium on scientific and technical aspects of the establishment of the outer limits of the continental shelf beyond 200 nautical miles, to be held in Tokyo from 6 to 7 March 2006. We hope that many States will be able to participate in that symposium.

The world continues to be plagued by threats of piracy and armed robbery at sea. We may recall the hijacking of a World Food Programme ship carrying food assistance in the waters off the coast of Somalia in June this year. Last year, there were more than 300 incidents of piracy around the world, nearly half of which occurred in Asia.

Japan is pleased to note that the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia was adopted in Tokyo last November after active negotiations that lasted more than three years. Japan took the initiative in proposing that agreement, believing that it would strengthen regional cooperation among maritime security organizations to establish an information-sharing system and a cooperative network dedicated to combating piracy and armed robbery at sea. Japan, which signed that Agreement in April this year, hopes it will not only contribute to enhanced cooperation among States parties in Asia but will also serve as a model of regional cooperation.

Allow me to speak on the subject of the marine environment. Surrounded by the sea, Japan considers the preservation of the marine environment to be extremely important. The issue of marine debris in particular is an urgent matter, as noted in the omnibus draft resolution. The problem should be tackled at various levels. At the regional level, Japan is considering making use of the framework of the Northwest Pacific Action Plan.

As a responsible fishing State and a State party to the United Nations Convention on the Law of the Sea, Japan is earnest about addressing conservation and management problems, as well as sustainable use issues related to living marine resources, including straddling fish stocks and highly migratory fish stocks. Those efforts have been implemented individually, bilaterally and multilaterally.

Japan is seriously concerned about illegal, unreported and unregulated (IUU) fishery activities and issues related to the overcapacity of global fisheries, which are becoming increasingly serious despite the efforts being made to promote the sustainable use of living marine resources. My Government has shown that it is committed to eliminating IUU fishing in order to conserve the marine ecosystem.

In that regard, we would like to stress once again the importance of basing our discussions of the issues of conservation and management and of the sustainable use of living marine resources on scientific evidence provided by competent organizations such as the Food and Agriculture Organization of the United Nations and the regional fisheries management organizations. We believe that regional organizations have the required specialized expertise to provide accurate assessments and thus offer a better forum than the United Nations for such discussions.

In our view, operative paragraph 46 of the omnibus draft resolution on oceans and the law of the sea (A/60/L.22), which deals with the transport of radioactive materials, unfortunately does not reflect the spirit or the substance of the series of thorough discussions on this issue conducted by the International Atomic Energy Agency and relevant organizations. Although Japan will not make an objection on that point, we do wish to express our dissatisfaction on that matter.

In concluding, I wish to reaffirm that Japan will continue to contribute to the stability of the legal framework on ocean affairs and, by so doing, promote prudent and equitable use of the sea by the international community, in accordance with the United Nations Conference on the Law of the Sea.

Mr. Panggabean (Indonesia)

At the outset, I thank the Secretary-General for his comprehensive reports on oceans and the law of the sea and on sustainable fisheries.

We are all aware that management of our oceans is a complex and multidimensional undertaking, which will become ever more complex as technological progress opens the door to further exploration of the potential benefits of the ocean.

The report of the Secretary-General on oceans and the law of the sea demonstrates that there is more to the sea than the exploitation of traditional natural resources such as fisheries, oil and gas. The sea offers other economically valuable benefits to be exploited, such as genetic and biological resources.

That presents us with the challenge of ensuring the availability of those resources in the long run. Already, related issues have emerged, ranging from protecting the environment to sharing the benefits. In my delegation's view, the problems have to be approached in a holistic manner, taking social, economic and environmental aspects into account in order to ensure the sustainable use of the oceans for future generations.

All that was not entirely anticipated when the Convention was concluded in 1982. However, my delegation reaffirms Indonesia's conviction that the Convention serves as the main international instrument on ocean affairs for governing all activities relating to the use and the utilization of the oceans. The draft resolution under consideration reflects that acknowledgement by reaffirming our commitment to preserving the Convention's integrity. In the light of that consideration, my delegation is pleased to learn of the progress made by various institutions in the field in their efforts to meet the objectives of the Convention.

My delegation welcomes the progress made by the Commission on the Limits of the Continental Shelf in considering the submissions of several coastal States. We also commend the initiative of the Division for Ocean Affairs and the Law of the Sea of convening a series of workshops in various regions to disseminate manuals and technical guidelines for delineation of the outer limits of the continental shelf of coastal States. The workshops made a valuable contribution, in particular by assisting developing countries to prepare their submissions and thus meet the time frame designated by the Commission.

We also attach great importance to the work of the International Seabed Authority. My delegation is pleased at the progress that has been achieved so far in the management of the resources of the seabed area beyond national jurisdiction. Its decision last August to provide modalities for the participation of experts from developing countries in research activities carried out in the Area by the pioneer investors is, indeed, consistent with the objectives of technology transfer and sharing the benefits of the ocean as the common heritage of mankind.

In addition to providing details relating to the new utilization of sea resources, the report also indicates persistent threats to commercial vessels. Acts of piracy and armed robbery at sea are still a major problem in many parts of the world. The situation presents a challenge to the international community, which must find effective means to combat that menace. Some analysts have gone further by linking terrorists and sea robbers, arguing that they could join forces and together wreak havoc in vital straits used for international navigation.

My delegation is fully aware that the safety of navigation in such straits is a key and vital element in promoting foreign trade. We are also fully aware of concerns about the seriousness of threats to maritime security brought to light by reports relating to terrorist networks and individual terrorists linked to Al-Qaida. Terrorists and sea robbers should be taken seriously as a matter of security. However, my delegation is of the view that we should not take an alarmist approach, as that would inadvertently encourage the terrorists.

While acknowledging the important war against terrorist acts in all their forms and manifestations, we should not lose sight of the importance of upholding the rule of law in conformity with international law. Only by means of concerted multilateral efforts can States effectively combat terrorism. As a result, the international community should respect the primary responsibility and sovereign right of littoral States in their efforts to ensure the safety of navigation and maritime security in the area.

In that connection, Indonesia, together with Malaysia and Singapore, has intensified its cooperation through the Tripartite Technical Expert Group on the safety of navigation. Our most recent meeting, which took place in Batam, Indonesia, in August, produced an understanding whereby we recognized the importance of and welcomed closer collaboration with the international community.

In the context of their collaboration with the International Maritime Organization (IMO), the three countries further engaged in broader consultation and dialogue with other interested States and major shipping industry actors at a meeting in Jakarta on 7 September 2005. The conclusions of that meeting are contained in document A/60/529, and my delegation is pleased to share them with members. In the context of strengthening the safety of navigation and maritime security in the area, we further commend the assistance of the IMO in facilitating the Marine Electronic Highway project for the Straits of Malacca and Singapore.

In view of the importance of fisheries for our economy, Indonesia welcomes the fact that the review conference of the 1995 Fish Stocks Agreement will be held next year. In connection with that review, the related draft resolution invites all States to participate on an equal footing in a preparatory meeting to be held early next year.

The Agreement provides a framework for the conservation and management of fish stocks in the high seas. To that end, it obliges States to practise caution when managing fish stocks and their ecosystems, as well as to minimize activities that are harmful to the oceans. However, noting the lack of State participation in the Agreement, my delegation is of the view that the review should be directed at identifying the impediments to States' accession to it.

We believe that strengthening international fisheries governance by filling existing gaps in the Agreement should not be conducted in such a way as to discourage States from joining the Agreement. It would be helpful to reflect on paragraph 12 of the Secretary-General's report (A/60/189), which indicates that article 21 of the Agreement has never been applied sensu stricto. We look forward to a discussion on the matter next year.

Indonesia is fully aware of the importance of continued efforts by the international community to find a constructive approach to addressing various issues relating to ocean affairs and the law of the sea. It is therefore a distinct pleasure for my delegation to co-sponsor draft resolution A/60/L.22 on oceans and the law of the sea.

Before concluding, my delegation wishes to express its appreciation to coordinators Mr. Marcos Almeida of Brazil and Ms. Holly Koehler of the United States, as well as to the countries that contributed to the consultations in a spirit of cooperation. It is our sincere hope that all Member States will support the draft resolution.

Ms. Ridgeway (Canada)

Canada is pleased to offer its perspectives on the challenges relating to this important agenda item.

The commitments manifested in the action-oriented draft resolutions on sustainable fisheries and on the law of the sea, which Canada is pleased to co-sponsor, come at a critical and complex time for fisheries and for the law of the sea. The need for concrete, concerted and coherent actions that live up to our commitments relating to the conservation and sustainable use of oceans and their resources has never been so pressing.

Ms. Ridgeway (Canada)

Canada, which has coastline on three oceans --the longest coastline in the world -- has a significant stake in ensuring success. Our history and trade are inextricably linked with the sea. Our oceans and their resources provide a foundation for our coastal communities and play a key role in our identity as Canadians.

Current statistics on the state of the world's fisheries and various reports setting out the threats to oceans resources and biodiversity are well known. The increased vulnerability of the oceans and their resources is a reality that has mobilized attention from various perspectives -- citizens, communities, those who rely on such resources for their livelihoods, international organizations, academia and civil society.

Ms. Ridgeway (Canada)

We have committed ourselves to addressing those risks, including at the World Summit on Sustainable Development. However, many of those commitments remain elusive owing to lack of capacity and tools, and even lack of agreement on future steps, which could appear as lack of international resolve to move forward decisively.

Indeed, the very complexity of legal and other instruments, management measures and forums dealing with oceans issues makes it difficult to find coherent, cooperative and practical approaches that can garner both domestic and international consensus.

An integrated, transparent, adaptive and enforceable regulatory framework is essential for fisheries and oceans sustainability and that of its industries. The challenge is whether we can pull together the threads of fisheries and oceans conservation issues and create an agenda that converges and plays to strengths coherently, rather than one that diverges and fragments.

We will have an unprecedented opportunity for united action for improvement if the international community can unite its strengths.

Let us take the case of fisheries.

Ms. Ridgeway (Canada)

This year has marked an important turning point in the momentum for change. We must capture that momentum and build upon it. Millions of people worldwide depend on fisheries for work and millions more depend on them for food. But overfishing is taking a socio-economic and environmental toll.

Combating overfishing is a top priority for Canada and for our Prime Minister, who has spoken about the issue repeatedly at international conferences and bilateral meetings. But there can be no success in that challenge without international cooperation. Canada is ready to play its role to help find solutions.

Ms. Ridgeway (Canada)

The international community has developed a series of both legally binding and voluntary tools dealing with fisheries and oceans management. The United Nations Fish Stocks Agreement, in particular, needs many more States parties in order to become the universal instrument that it is intended to be.

The world now needs to move from words to action so as better to use such instruments by fully implementing their obligations. Canada looks forward to the 2006 review conference of the United Nations Fish Stocks Agreement, which will examine the progress made so far and point the way towards even more effective implementation.

There has been an encouraging convergence of views and momentum aimed at ensuring that overfishing and illegal fishing are not tolerated, either domestically or on the high seas, and at ensuring that regional cooperation to manage high seas fisheries is a strong part of the broader oceans governance agenda.

Several events should be highlighted. The United Nations Food and Agriculture Organization's March 2005 Rome Ministerial Declaration on illegal, unreported and unregulated (IUU) fishing provides a global commitment to action. The Conference on the Governance of High Seas Fisheries and the United Nations Fish Stocks Agreement, hosted by Canada in May 2005, and the resulting St. John's Declaration signed by 19 Ministers or their designates constitute an important political commitment to international cooperation in the reform of fisheries governance. The second Asia-Pacific Economic Cooperation Oceans-Related Ministerial Meeting in Bali, the Joint Ministerial Statement and the Bali Plan of Action set out a broad regional oceans strategy, including specific priorities for action to address the threats of IUU fishing. The continuing work of the ministerial High Seas Task Force on IUU Fishing, joined by Canada, the United Kingdom, Australia, New Zealand, Chile and Namibia, will soon recommend practical ways of addressing IUU fishing for which we will seek a broader coalition of support to take that approach forward and make it a global reality.

Ms. Ridgeway (Canada)

But action to prevent overfishing, including the hard choices that will make those commitments real, starts at home. A coalition of support for national, regional and global change is needed. That coalition must also ensure that domestic overdependence and overcapacity do not create unreasonable pressures that threaten international cooperation.

Domestically, Canada is building a strategy to improve international cooperation in the fight on high seas overfishing. The strategy is built on vigilant monitoring and surveillance to increase compliance on the high seas, a diplomatic and advocacy strategy to create the conditions for change, and commitment and capacity to work internationally for improved international fisheries and oceans governance.

Ms. Ridgeway (Canada)

In that effort, it is critical to develop country capacity for fisheries and oceans management. Canada has announced a contribution of 500,000 Canadian dollars under Part VII of the United Nations Fish Stocks Agreement to help in that respect.

But the challenge for fisheries governance is not just to fix the problems of fishery but to ensure that it becomes a reliable part of the foundation for integrated protection, use and governance of oceans more broadly.

Canada's commitment to modern oceans management is reflected in our Oceans Action Plan released in May 2005. Its basis is integrated oceans planning, founded on an ecosystem approach to management. Large Oceans Management Areas provide the integrating framework, and that will include fisheries management renewal.

Ms. Ridgeway (Canada)

The Plan also recognizes that some marine environments and the resources they hold need special protection and management. Many instruments are available to provide special protection, including marine protected areas. Canada has announced a strategy for a federal network of marine protected areas in all three of our oceans. Last month, Canada designated three new marine protected areas, bringing the total to five. Those areas protect diverse sensitive areas and elements that range from the Endeavour hydrothermal vents off our Pacific coast to a unique strain of Irish moss and its habitat, Basin Head, in the Atlantic.

The lessons we and other participants have learned from those domestic efforts help us understand the challenges of the World Summit on Sustainable Development commitment to establish an international network of marine protected areas. For its part, Canada will soon host a workshop of international experts to discuss criteria in use to define ecologically and biologically significant areas, which we hope will be useful to the ongoing international debate.

Ms. Ridgeway (Canada)

We are looking forward to a successful meeting of the Ad Hoc Open-ended Informal Working Group on biodiversity beyond areas of national jurisdiction, which we hope will improve our collective knowledge on the issue of high seas biodiversity. The management of the agenda, in all its facets, is a challenge for States, international organizations and other participants. We need a constructive debate that will help define the options we face in protecting high seas biodiversity.

The implementation of an ecosystem approach to management is a complex task. In fact, it is a challenging concept for both developed and developing countries. Canada will be pleased to offer its perspective and experience with States and others at the 2006 meeting of the United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea, which will address ecosystem approaches and oceans.

Canada values that inclusive informal process, which engages open discussions on such issues, and we are pleased to see it continue. It helps us to understand possible joint solutions and the current discussion and to identify in which areas additional understanding and mechanisms are needed. That complicated topic requires a well-managed debate and a clear delineation of the steps that will help us understand how to make ecosystem approaches a reality. (spoke in French)

The themes in the draft resolutions reflect a collective, multidimensional and multidisciplinary agenda that must value balanced and reasoned approaches.

Ms. Ridgeway (Canada)

Canada's vision includes a strong understanding of fisheries and oceans, modernized and credible domestic and international fisheries governance, a linking-up of the domestic and international oceans agenda to all key players and mechanisms and the understanding that all involved will take up their roles with determination. Many of the mechanisms are nothing more than the sum of the political will and the capacities of States players. Canada is committed to helping in that endeavour.

Mr. Ngunjiri (Kenya)

At the outset, I express my delegation's appreciation to the Secretary-General for the comprehensive reports on this item, which contain developments relating to implementation of the United Nations Convention on the Law of the Sea (UNCLOS). Those documents provide a solid basis for today's discussion.

My statement will focus on three issues that are of major concern to Kenya -- namely, capacity building, marine safety and security, and the marine environment.

The lack of adequate capacity in many developing countries is a serious impediment to the implementation of the Convention and its related agreements. The Convention acknowledges this problem and emphasizes the need to build capacity and provide technical assistance to developing countries, especially in areas such as marine scientific research, transfer of technology, activities in the Area and preservation of the marine environment.

My delegation notes with gratitude that the Division for Ocean Affairs and the Law of the Sea has continued to play a lead role in capacity-building initiatives targeting developing countries. These initiatives have contributed and continue to contribute significantly to the ability of developing States to meet their obligations under the Convention through enhancement of knowledge and skills in ocean affairs and the law of the sea. I refer specifically to the United Nations Institute for Training and Research (UNITAR) briefings on development in ocean affairs and the law of the sea; the Hamilton Shirley Amerasinghe Memorial Fellowship Programme; the TRAIN-SEA-COAST programme; and the Nippon Foundation supported programme, for which we are grateful to the Foundation.

The series of training courses aimed at promoting compliance with article 76 of the Convention have been particularly useful to developing States, which lack the capacity to undertake the complex delineation exercise envisaged under article 76. Experts from my country participated in the course for the Indian Ocean region, held in Sri Lanka from 16 to 20 May 2005. The course, together with the comprehensive manual developed by the Division on preparation of submissions to the Commission on the Limits of the Continental Shelf, has helped our experts to obtain a better understanding of the full procedures for the preparation of submissions. This will no doubt help speed up the preparation of our submissions.

We urge that these initiatives be sustained through, inter alia, increased voluntary contributions to the trust funds established under the Convention. In particular, we call for further strengthening of regional and subregional scientific research capacities in developing countries.

Maritime security and crimes at sea are an important element in the management of our oceans. My delegation notes with concern the frequent occurrence of incidents of piracy and armed robbery at sea, as reported in paragraph 95 of the report of the Secretary-General (A/60/63). This is an indication that the measures currently in place are far from adequate. We recognize the ongoing efforts by the International Maritime Organization to coordinate international efforts to eradicate these crimes. However, we urge that more focus be given to high-risk regions, especially in areas where national Governments lack the capacity to effectively patrol and provide security in their territorial waters. The Eastern African coast, for instance, has in the recent past experienced a series of armed attacks, particularly in the waters adjacent to Somalia. This year alone, it has been reported that about 23 hijackings and attempted seizures have been recorded off the Somali coast, including two ships carrying aid for the United Nations World Food Programme. A number of ships destined for my country have also been targets of attacks in the last few months. These attacks have had very grave ramifications on our tourism industry and other economic activities, since some ships that were originally destined for the port of Mombasa have opted to divert to other destinations for fear of attacks.

Developing coastal States need support in enhancing their control measures in order to effectively combat the use of maritime transport by illicit traffickers of narcotic drugs and psychotropic substances. We, therefore, welcome the recent initiative by the United Nations Office on Drugs and Crime to support States' control measures in developing countries, through the provision of equipment and training to target illicit trafficking via maritime freight containers. We hope that the pilot programme in Ecuador and Senegal will be replicated in other coastal developing States.

My delegation attaches great significance to the marine environment and supports the implementation of Part XII of the Convention, which deals with the protection and preservation of the marine environment and resources from pollution and physical degradation. Within our coastal and marine areas, we have established national marine parks and reserves in order to enhance protection and conservation of the diverse and highly productive ecosystems therein. We have recently amended our Merchants' Shipping Act, with a view to reducing marine pollution from marine transport activities and dumping. Kenya is also actively involved in the Eastern Africa Regional Seas Programme and the Global Programme of Action for the Protection of the Marine Environment from Land-Based Activities, and is the coordinator of the New Partnership for Africa's Development coastal and marine thematic area.

Three years ago, the World Summit on Sustainable Development agreed to establish a regular process under the United Nations for global reporting and assessment of the state of the marine environment. My delegation notes with satisfaction the progress that has been made towards this end and welcomes the conclusions of the second international workshop on the regular process for global reporting and assessment of the state of the marine environment. We endorse the launch of the start-up phase of the "assessment of assessments" as a preparatory stage towards the establishment of the regular process. We also endorse the establishment of an organizational structure that includes an ad hoc steering group to oversee the "assessment of assessments". We urge that the membership of the ad hoc steering group should take into account the need for balanced geographical representation.

Fishery resources contribute greatly to food security, poverty alleviation and the economic well-being of many countries. My delegation reiterates its previous call for enhanced international cooperation in ensuring sustainable exploitation of these resources through enforcement of measures to prevent destructive fishing practices.

However, we see the urgent need for capacity-building, including the transfer of marine technology, to assist developing countries to meet their obligations and exercise their rights under international instruments, in order to realize tangible benefits from fisheries resources. In this regard, my delegation notes with satisfaction that the Assistance Fund under Part VII of the Agreement has began to operate and to consider applications for assistance from developing States parties. We urge States and international financial institutions that are in a position to do so to make voluntary contributions to the fund.

My delegation also appreciates the work of the Food and Agriculture Organization, particularly for developing guidance on the strategies and measures required for the creation of an enabling environment for small-scale fisheries. No doubt many developing countries, including my own, will find the document useful in developing our fishing industries in a manner consistent with the relevant international instruments.

In conclusion, I wish to emphasize my country's commitment to the United Nations Convention on the Law of the Sea, which sets out the legal framework within which all activities in the oceans and seas must be carried out. We believe that the Convention continues to contribute significantly to the strengthening of peace, security, cooperation and friendly relations among nations and the economic and social advancement of all peoples of the world.

Ms. Monteiro (Palau)

Palau aligns itself with the statement made by Papua New Guinea at the 54th meeting on behalf of the Pacific Islands Forum.

Palau would like to offer its congratulations to all who worked so hard to negotiate the draft resolutions before us today. We are pleased to support both draft resolutions and to be a sponsor of draft resolution A/60/L.23, on sustainable fisheries.

The vitally rich biodiversity of the sea bottom is the common heritage of all people and must be protected by all Member States. Last year, delegations pledged to undertake a review of destructive fishing practices, including bottom trawling, and to take urgent action where regulations are inadequate.

During the negotiations this year, Palau called for an interim prohibition on unregulated bottom trawling, as there is currently no effective mechanism for ensuring the sustainability of marine living resources in the high seas. In making this proposal it was our hope to continue the dialogue on combating destructive fishing practices. While an interim ban was not agreed to, we were pleased to see the insertion of language calling for a strengthened and more definite review process. This will ensure that meaningful examination and appropriate precautionary action can be taken over the next year.

Odious fishing practices are of particular concern to the small island States of the Pacific Ocean. As Palau's President Remengesau recently stated,

"For Palau, the environment is our economic future. We have no higher issue on our agenda than the preservation of our natural resources. Because of this, we recognize that a delicate balance must be struck between growth and conservation".

At the Pacific Islands Forum leaders meeting held this October in Papua New Guinea, our leaders agreed that the damage from bottom trawling is of serious concern and renewed their determination to develop an appropriate framework for addressing the issue over the next year.

The sustainable fisheries draft resolution stands as an undertaking by the international community to review the impact of fishing activity on marine bed ecosystems. The critical factor now is to ensure that the review process is thorough and prepares us well for next year's negotiations. We take this opportunity to commend the Division for Ocean Affairs and the Law of the Sea for undertaking this important review and trust it will be comprehensive. However, Palau must note with concern that, while we wait for this review to take place, precious marine life and seamounts continue to be vulnerable to destructive fishing practices.

Like the other sponsors of the draft resolution, as well as those delegations participating in its negotiation, we are looking forward to the upcoming session of the United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea and to it fulfilling its ambitious agenda. We also invite the States parties to respond in a detailed manner to the request from the Division for Ocean Affairs for information so that its stand-alone report on destructive fishing practices can be as useful and comprehensive as possible.

Palau will continue to raise the issue of a prohibition on deep sea bottom trawling at all international forums until the legal infrastructure is in place to deal with that destructive practice. We look forward to working constructively with the international community to address this urgent issue and to meet our shared promise to achieve sustainability in the oceans.

Mr. Kryzhanivsky (Ukraine)

My delegation aligns itself with the statement delivered by the United Kingdom on behalf of the European Union. Allow me to draw your attention to additional issues that are important to my country.

Ukraine is firmly committed to the United Nations Convention on the Law of the Sea, which represents a significant achievement by the international community and is important testimony to United Nations efforts to codify and develop the international law of the sea. This Convention is not only a charter within which all activities related to oceans and seas should be carried out; it is also a basis for a comprehensive system of economic and political cooperation in marine-related matters.

My country had attached great importance to fisheries issues even before Ukraine became a party to the Fish Stocks Agreement. Ukrainian legislation on fisheries was developed on the basis of provisions and principles of the Agreement. After the Verkhovna Rada -- the parliament of Ukraine -- passed the Law on Accession to the 1995 Agreement, additional practical steps to implement the provisions of the Fish Stocks Agreement are now being taken. These include, in particular, the adoption of a number of normative legal documents designed to enhance the role of the State in conducting ocean fishing and increasing the responsibility of vessel owners.

Over-exploitation of living marine resources through excessive fishing continues to be of grave concern to the international community. As a geographically disadvantaged country bordering a sea which is poor in living resources and suffering from the depletion of fish stocks from its exclusive economic zone, Ukraine places special emphasis on the problem of illegal, unregulated and unreported fishing.

We strongly believe that all States should apply effective measures for the conservation, management and exploitation of fish stocks in order to protect living marine resources and preserve the marine environment. Better international cooperation in this sphere is needed, and the crucial role here belongs to the relevant regional organizations. It is important that regional fisheries enhance their cooperation with a larger number of States, in particular with high-seas fishing States and geographically disadvantaged States.

The international legal framework within which commercial vessels flying Ukraine's flag can fish on the high seas consists of the 1982 United Nations Convention on the Law of the Sea, the Fish Stocks Agreement and the 1980 Convention on the Conservation of Antarctic Marine Living Resources. In addition, our State participates in the International Commission for the Northwest Atlantic Fisheries and in the Northwest Atlantic Fisheries Organization.

After joining the Food and Agriculture Organization (FAO), Ukraine affirmed its adherence to modern standards of sea fishing by accepting a long list of voluntary obligations, including codes and action plans elaborated by FAO to ensure the sustainable use of marine resources.

In 2002 Ukraine adopted a law on its national programme "On the building of fishing vessels", for 2002-2010. The year 2003 saw the adoption of the national programme for the development of the fishing industry in Ukraine up to 2010. The national bill on fishing has been elaborated and is now being considered by the Parliament of Ukraine.

Subordinate legislation regulating fishing on the high seas under the Ukrainian flag is currently being developed. Such legislation is aimed at regulating the activities of the Ukrainian fishing fleet and includes a list of commitments and priority actions for users.

Ukrainian delegations participate in the work of the various bodies of the Northwest Atlantic Fisheries Organization and of the North East Atlantic Fisheries Commission, advocating the obligatory presence of scientific observers on all marine vessels and in all fields of commercial fishing in the spheres of activity of those organizations. The State Department of Fisheries has recently undertaken voluntary commitments relating to numerous standards for the exploitation and preservation of marine living resources. Those commitments include the Code of Conduct for Responsible Fisheries; the international plan of action for reducing incidental catch of seabirds in longline fisheries; the international plan of action for the conservation and management of sharks; and the international plan of action to prevent, deter and eliminate illegal, unreported and unregulated fishing.

With respect to the problem of stock management and fishing, we would like to emphasize the need to introduce stricter measures to limit the level of exploitation of most stocks. At present there is no universal approach to determining biological criteria for an admissible level of stock exploitation.

We would emphasize the need to ensure effective coordination and cooperation in the process of integrated ocean management so as to promote sustainable fisheries, enhance maritime safety and protect the marine environment from pollution.

The institutions established within the framework of the Convention are essential components of the global regime that provides for the rule of law and the maintenance of peace and security in the oceans.

We note with satisfaction the effective functioning of the International Seabed Authority. It is important that the Authority, while examining the reports submitted by contractors, continue the elaboration of rules, regulations and procedures to ensure the effective protection of the marine environment and the conservation of the natural resources of the Area.

We would underline once again the crucial role played by the International Tribunal for the Law of the Sea in the process of the interpretation and implementation of the 1982 Convention and the Agreement. Since the Tribunal handed down its first judgement, it has considered 11 cases, and we hope that it will register new achievements in future.

In concluding my statement, I would like to convey Ukraine's appreciation to the Secretary-General for both the quality and scope of the report, which itself is a powerful tool for facilitating international cooperation and coordination. The activities of the Division for Ocean Affairs and the Law of the Sea continue to be intensive and commendable.

Mr. Dhakal (Nepal)

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