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Abstract |
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Paragraph 2 of Article 66 of the United Nations Convention on the Law of the Sea (hereafter,UNCLOS)provides that
the State of origin of anadromous stocks shall ensure their conservation by the establishment of appropriate regulatory
measures for fishing in all waters landward of the outer limit of its exclusive economic zone and for fishing provided for
in paragraph 3(b)and that The State of origin may, after consultations with the other states referred to in paragraphs 3
and 4 fishing these stocks, establish total allowable catches for stocks originating in its rivers. This paragraph is
interpreted as meaning the state of origin of anadromous stocks has an obligation to establish appropriate regulatory
measures for fishing, including establishing total allowable catches, in its exclusive economic zone (hereafter, EEZ) to
ensure their conservation. So, this paper examines Japanese practices about fishing for anadromous stocks and to what
extent the provision of Art. 66(2)is followed by Japan.
The fishing for anadromous species by Japanese is done within Japan’s EEZ and Russia’s EEZ. In the former EEZ the
anadromous species originating in Japanese rivers are fished and in part those originating in Russian rivers are fished. In
the latter EEZ the anadromous species originating in Russian rivers are fished by Japanese by permission. At present the
anadromous stocks originating in both Japanese and Russian rivers are abundant owing to the progress of artificial
hatching techniques and the good conditions of the habitat of anadromous species in the North Pacific. Therefore,at least
currently it doesn’t seem necessary to establish total allowable catches. However,because the conditions of anadromous
stocks rely greatly on the marine ecological system of the North Pacific, many-faceted studies on the marine ecosystem
of the North Pacific by the states concerned are strongly needed. |
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