Fisheries Administration and Lagislation

Unit 10 - International law of the sea

10.2. Shared fish Stocks

• Tranboundary stocks that cross the EEZ boundary into one or more neighboring EEZs.
• Highly migratory stocks such as tuna
• Straddling stocks: all stocks to be found within the EEZ and outside in the high seas.

These stocks which migrate from one EEZ to other EEZ. Through International negotiation and agreements resources can be shared if the two coastal states share same EEZ. Members of SAARC (South Asian Association for Regional Cooperation)-Nepal, Bhutan, India, Pakistan, Bangladesh, Srilanka, Maldives. -India can allow foreign vessels for fishing by chartering, licensing, joint ventures. The maritime boundary agreement between India & Srilanka was held in 1974. According to this agreement the Adam bridge was the line of boundary. However Indian fishers are permitted to visit (kachhativu island area) without travel documents. The traditional vessels rights were also protected but fishing vessels were not defined. However in 1976 agreement, there was a provision for granting rights to Srilankan fishing vessels in Indian EEZ as a short term arrangement but not vice-versa. When Indian fisherman traditional rights were included by Sri-lankans, trawlers were not permitted. Both India & Sri Lanka are claiming rights for Kachhativu island for so many years.

• RFMO-Regional Fisheries Management Organization
• NWAFO-North West Atlantic Fisheries Organization
• North East Atlantic Fisheries Organization
• Distinct water fishing states (DWF)- Japan, Spain. These countries do fishing in high seas (beyond 200 nm) all around the world.
• Sharing of straddling stock between two coastal states is done through RFMO.

RFMO sometimes called regional fisheries organization (RFO), is an international organization dedicated to the sustainable management of fishery resources in a particular region of international waters, or of highly migratory species. RFMOs may focus on certain species of fish (e.g. the Commission for the Conservation of Southern Bluefin Tuna) or have a wider remit related to living marine resources in general within a region (e.g. the Commission for the Conservation of Antarctic Marine Living Resources). This wide diversity of mandates and areas of application, and also effective implementation of regulations, opens up opportunities for illegal, unreported and unregulated fishing vessels.
We need to establish collective RFMO property rights to both straddling and discrete fish stocks. Further absolute freedom to fish in the high seas should be eliminated. It was observed that the RFMOs and freedom to fish in the high seas is now incompatible with the goals of conservation, sustainable use and optimum utilization of the world’s capture fishery resources. Convention on Fishing and Conservation of the Living Resources of the High Seas, 1958 can also be analyzed. However, it must be mentioned that India is not a party to the convention.
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 Stocks is not mentioned in the course structure and since the FAO Code of Conduct is mentioned I am of the opinion that the same must be incorporated. It sets out principles for the conservation and management of those fish stocks and establishes that such management must be based on the precautionary approach and the best available scientific information. The Agreement elaborates on the fundamental principle, established in the Convention that States should cooperate to ensure conservation and promote the objective of the optimum utilization of fisheries resources both within and beyond the exclusive economic zone.
The Agreement attempts to achieve this objective by providing a framework for cooperation in the conservation and management of those resources. It promotes good order in the oceans through the effective management and conservation of high seas resources by establishing, among other things, detailed minimum international standards for the conservation and management of straddling fish stocks and highly migratory fish stocks; ensuring that measures taken for the conservation and management of those stocks in areas under national jurisdiction and in the adjacent high seas are compatible and coherent; ensuring that there are effective mechanisms for compliance and enforcement of those measures on the high seas; and recognizing the special requirements of developing States in relation to conservation and management as well as the development and participation in fisheries for the two types of stocks mentioned above.
The Agreement was adopted on 4 August 1995 by the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks and opened for signature on 4 December 1995. It remained open for signature until 4 December 1996 and was signed by 59 States and entities.