Journal of The School of Marine Science and Technology,Vol.2 No.3
gAn Examination of the Convention for the Conservation of Anadromous Stocks in the North Pacific Oceanh
Hiromi USHIO
Abstract
The Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean mhereafter, the Conventionn 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 thegConvention 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 interesthin anadromous stocks which the states of origin have under the United Nations Convention on the Law of the Seamhereafter,UNCLOSn.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.
@ @ @
@ PDFi0.5MBj >>>
@ @ @