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Abstract |
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The Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean mhereafter, the
Conventionn provides that the directed fishing for anadromous fish listed in Part I of the Annex to the Convention
shall be prohibited and the incidental taking of this anadromous fish shall be minimized to the maximum extent
practicable in thegConvention Area,hnamely on the high seas of the North Pacific Ocean and its adjacent seas,north
of 33degrees North Latitude. It can safely be said that the true purpose of the Convention is, under the name of
promoting the conservation of anadromous stocks,to strengthen gthe primary interesthin anadromous stocks which
the states of origin have under the United Nations Convention on the Law of the Seamhereafter,UNCLOSn.With
regard to the Convention there remain some problems to solve.
First,if states or entities not party to the Convention conduct directed fishing for anadromous fish and incidental
taking of such fish in the Convention Area, the problem of the legality of such fishing and taking arises in relation
to UNCLOS and customary international law. Secondly, although the Convention requires all parties to take
appropriate measures to prevent their fishermen from reflagging to avoid the prohibitions of the Convention, it
appears that state practice does not necessarily comport with this provision.Thirdly,while the Convention mandates
the North Pacific Anadromous Fish Commission to consider and make proposals to the parties for the enactment of
a certificate-of-origin program attesting that products of anadromous fish are from fish which were lawfully
harvested, it is imperative that the parties should commonly enact strict and unified rules of this. Fourthly, though
the Convention authorises the parties to enforce the provisions of the Convention at sea,there remains the problem
of the lack of means of enforcement adequate to police the vast Convention Ares.
In conclusion, the parties have the primary responsibility for anadromous stocks as it is provided in the
Convention, therefore they shall determine the total allowable catch and their capacity to harvest the anadromous
stocks and give other states access to the surplus of the allowable catch, which is the responsibility of the parties
which prohibit fishing anadromous fish on the vast high seas -the Convention Area -and restrict such fishing only
to waters landward of the outer limits of their EEZ. |
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