DEVELOPING COUNTRIES HESITANT TO ACCEPT MICRO-MANAGEMENT OF FISHERIES ACTIVITY, GENERAL ASSEMBLY IS TOLD

Press Release
GA/9797

DEVELOPING COUNTRIES HESITANT TO ACCEPT MICRO-MANAGEMENT OF FISHERIES ACTIVITY, GENERAL ASSEMBLY IS TOLD

Law of Sea Debate Begins; Conservation, Marine Pollution, Unregulated Fishing, Piracy on High Seas among Issues Discussed

Developing countries for which fisheries were particularly important for their livelihood, food security and foreign exchange earnings could not be expected to accept micro-management of their economies by the General Assembly, Iceland’s representative told the Assembly this afternoon as it met to consider its agenda item, “Oceans and the Law of the Sea”.

He said fish were the primary source of animal protein for 1 billion people in the developing world. While this was not meant to say that his Government was against all discussion of issues concerning fisheries, it nevertheless felt that the Assembly should address issues that were global in nature and could only be resolved through global cooperation, notably marine pollution. Conservation and sustainable utilization of living marine resources was a local and regional matter. Iceland considered fisheries subject to the sovereign rights of States or to the responsibility of regional fisheries management organizations.

Introducing a draft resolution on oceans and the law of the sea, the representative of New Zealand said it was more apparent than ever that the problems of oceans and seas were inter-related and needed to be considered as a whole. That principle was at the heart of the United Nations Convention on the Law of the Sea, and the same integrated approach needed to be taken in the implementation of the Convention and to the activities carried out within its framework. The Assembly had an important role in contributing to this end, by maintaining oversight over the complex network of process, organizations and responsibilities established by the Convention and ensuring that those activities took place in a way that was in accord with the overall balance achieved in the Convention. The problem of illegal, unreported and unregulated fishing was finally getting the attention it deserved.

The representative of the United States, introducing a draft resolution on large-scale pelagic drift-net fishing, unauthorized fishing in zones of national jurisdiction and on the high seas, and related issues, said marine pollution and the level of “bycatch and discards” in some commercial fisheries threatened the health of the marine ecosystem and the achievement of sustainable fisheries. Although there were international agreements regulating marine pollution, more

General Assembly Plenary - 1a - Press Release GA/9797 42nd Meeting (PM) 26 October 2000

coordination was needed among all the relevant intergovernmental bodies, regional fisheries management organizations, industry, and non-governmental organizations to effectively address that complex problem

Addressing the issue of crimes at sea, the representative of the Republic of Korea said that piracy and armed robbery were rampant in certain regions of the world and still represented a serious threat to the lives of seafarers, as well as the safety of navigation and the security of coastal States. The international community, regional organizations and States in affected regions should intensify their efforts to address the problem with a renewed emphasis on inter-agency and inter-State cooperation.

The representatives of Monaco, France (on behalf of the European Union and associated States), Norway, Canada, Philippines, India, Viet Nam, China, Tonga and Japan also spoke.

The Assembly will meet again tomorrow, 27 October, at 3 p.m. to continue its consideration of oceans and the law of the sea.

General Assembly Plenary - 3 - Press Release GA/9797 42nd Meeting (PM) 26 October 2000

Assembly Work Programme

The fifty-fifth regular session met this afternoon to take up consideration of oceans and the law of the sea.

(For background information, see Press Release GA/9796 of 26 October.)

Statements

VICTORIA HALLUM (New Zealand), introducing the draft resolution on oceans and the law of the sea, said it represented the key tangible product of the General Assembly’s ongoing commitment to undertake an annual review and evaluation of the implementation of the Convention on the Law of the Sea and other developments in ocean affairs and law of the sea. It was the result of a series of open-ended consultations among delegations. The draft resolution touched upon a number of important current issues, such as the need for capacity-building for the implementation of the Convention, the problems of illegal, unreported and unregulated fishing and the degradation of the marine environment, both from land- based sources and from pollution from ships and crimes at sea.

Speaking in her national capacity, she said it was more apparent than ever that the problems of oceans and seas were interrelated and needed to be considered as a whole. That principle was at the heart of the Convention, and the same integrated approach must be taken in its implementation and for activities carried out within its framework. The Assembly had an important role in contributing to that, in maintaining oversight over the complex network of processes, organizations and responsibilities established by the Convention, and ensuring that those activities took place in a way that was in accord with the overall balance achieved in the Convention.

The problem of illegal, unreported and unregulated fishing was finally getting the attention it deserved, she said. All States needed to take action to ensure that the activities of their nationals did not undermine the conservation and management measures agreed upon by regional fisheries management organizations. Turning to non-living marine resources, she was pleased that the International Seabed Authority had adopted Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area. The Commission on the Limits of the Continental Shelf had also made considerable progress in its work, and would soon begin to receive submissions from States.

JAMES S. CARMICHAEL (United States), introducing the resolution on large- scale pelagic drift-net fishing, unauthorized fishing in zones of national jurisdiction and on the high seas, fisheries by catch and discards, and other developments, said the resolution represented a successful merger of various regional and global priorities. In the past several years, the international community had placed major emphasis at the governmental and intergovernmental level on sustainable fisheries. In 1999, the Food and Agriculture Organization’s (FAO) Committee on Fisheries had endorsed three international plans of action for the management of fishing capacity, the conservation and management of sharks and for reducing incidental catch of seabirds in longline fisheries. He urged all countries to actively implement those important international plans by the timetables set forth in them.

Marine pollution and the level of bycatch and discards in some commercial fisheries threatened the health of the marine ecosystem and the achievement of sustainable fisheries, he said. Marine pollution and debris could significantly affect the marine and coastal environment, commercial and artesianal fisheries, the tourism industry and navigational safety. Although there were international agreements regulating marine pollution, more coordination was needed among all the relevant intergovernmental bodies, regional fisheries management organizations, industry, and non-governmental organizations to effectively address that complex problem at both the global and regional levels.

On the issue of marine science, he said, many questions should be reviewed, such as how to better understand the coupled ocean/atmosphere system and how to best implement the global ocean observing system, among other things. He also asked how cross-cutting issues such as human health, seafood safety, capacity- building, sustainable fisheries and the role of the ocean in climate could be linked with existing marine science and operational programmes. The United States shared the concerns expressed in the resolution on the need to cooperate to suppress acts of piracy and armed robbery at sea.

He said the Commission on the Limits of the Continental Shelf could be a force for stability. Essential elements of that stability included a cautious approach to thorny issues in the establishment of the outer limit of the continental shelf, the possibility of appropriate assistance to developing States, a strict approach to ensuring confidentiality and an unvarying commitment to refrain from any actions which reflected negatively on the Commission or the Commissioners. He supported the proposed voluntary trust fund relating to that Commission.

JACQUES L. BOISSON (Monaco), said that Monaco had always been a firm defender of protection of the marine environment and its resources. Monaco would take part in the third global meeting of conventions and action plans for regional seas, to be held in Monaco under the auspices of the United Nations from 6 to 11 November, and in a meeting to be held from 14 to 17 November in Tunisia, where the Mediterranean Commission for Sustainable Development would examine strategies for the environment of the Mediterranean.

The question of illegal fishing, both non-regulated and non-controlled, must receive priority attention because of its dangerous consequences, he said. Monaco hoped that the FAO action plan would examine and recognize the responsibility of the flag bearer States. Cooperation and coordination were indispensable if the international community were to stop the increase in acts of piracy. Two thirds of these took place in seven geographical zones. Thus regional cooperation between the most affected States was essential. The International Maritime Organization (IMO) had created a working group with a view to establishing guidelines on that subject. Monaco was very much in favour of that development.

FRANCOIS ALABRUNE (France), speaking on behalf of the European Union and associated States, said the Montego Bay convention was a milestone in progress towards strengthened international cooperation on oceans. The need for informal reinforcement of such cooperation had become a matter of particular urgency, if the marine environment was to be safeguarded and the risk of over-exploitation of natural marine resources prevented. That convention remained a vital prop underpinning every effort by the international community in the areas of exploitation of the marine environment, and of the promotion of peace and safety on the high seas.

Maritime safety issues remained a major European Union concern, he said. There had been an increase in the number of violent attacks on ships. He underlined the major importance of the work which had been carried out by the IMO over a number of years to combat piracy. The European Union accordingly renewed its appeal to coastal States, calling on them to cooperate in taking appropriate steps to bring to book the perpetrators of those attacks. He also called upon flag States and other affected States to ensure that shipping companies took full account of the need to protect their vessels and crews against such attacks.

The European Union was of the opinion that the code of conduct for responsible fisheries drafted under the aegis of the FAO was an especially useful tool, and continued to recommend its use by all national and regional bodies responsible for administering stocks, he said. The adoption of that code would lead to fair and sustainable management of resources. Marine pollution from land- based sources was also a matter of the first importance. It was absolutely necessary to make use of a more integrated approach in order to fight pollution and degradation of the marine environment, and to combat its harmful effects on health, on the economy and on social life.

HANS WILHELM LONGVA (Norway) stated that the entry into force in 1994 of the United Nations Convention on the Law of the Sea was an event of historic significance, since the Convention was the legal framework within which all activities related to the oceans were considered. Moreover, since the implementation of the Convention, the International Tribunal for the Law of the Sea and the Commission on the Limits of the Continental Shelf were now established and working. Many States, especially developing States, needed advice and assistance in the implementation of the Convention and to develop and strengthen their capabilities to benefit from the legal regime for the seas and oceans which it established.

Today, an urgent challenge with respect to development and transfer of marine technology was to provide the least developed States, including small island developing States, with adequate funding and technical assistance for the submission of technical and scientific data to the Commission on the Limits of the Continental Shelf, he said. Norway was conscious of the need for States with a continental shelf which extended beyond 200 miles to devote appropriate national resources for carrying out the preparatory work needed for the submission of information to the Commission. That might mean considerable expense in the short term, and Norway acknowledged the importance of adequate support in that context. He found it appropriate therefore to take forward the recommendation to establish a voluntary trust fund that was intended to assist those States. As soon as the trust had been established, Norway would make an initial contribution of $1 million.

He said Norway was one of the early ratifiers of the United Nations Fish Stocks Agreement, and was concerned that more than four years after its adoption, it had still not entered into force. Norway urged States to ratify and implement the Agreement as soon as possible. The status of fisheries in the high seas in certain areas was alarming, illegal, unregulated and unreported fishing often occurred in zones under the national jurisdiction of coastal States, particularly developing coastal States, in violation of there rights and jurisdiction to conserve and mange the living marine resources in those areas. Norway recognized the need for capacity-building to ensure that States had the availability to benefit from the sustainable development of their marine resources and to provide assistance to developing States in upgrading capabilities in monitoring control and enforcement of fishing regulations.

MATTHEW W. KING (Canada) said that Canada had a significant stake in ensuring the health and well-being of the oceans, as it was one of the few States that bordered on three oceans. Today, traditional activities like fishing and shipping were being joined by new, rapidly expanding activities like tourism, aquaculture, oil and gas development. Managing that growth well meant striking a sometimes-delicate balance. Attitudes towards oceans had changed. They were no longer seen as limitless and their vulnerability was a harsh reality facing the world. Action was needed at the national level and at the international level, he said. It was in that spirit that Canada had become the first nation in the world to adopt an Oceans Act in 1997. It was a national blueprint for managing the relationship between Canada’s land and three oceans in a fully integrated and sustainable way.

Improved coordination was needed. Since the 1992 Rio Conference on environment and development, several international bodies had issued calls to work towards that goal. The United Nations Open-Ended Informal Consultative Process on Oceans and the Law of the Sea was translating that commitment into reality. For example, there had been discussion on the Global Programme of Action which encouraged States to develop regional and national programmes to prevent, reduce and control land-based activities that degraded the marine environment.

Of particular concern to Canada, he said, was the issue of fisheries. The problems besetting the world’s fisheries were well-known -- too much capacity, too much killing power, too much rule-breaking and too little cooperation. Fortunately, the solutions to those problems were also known -- reduction of capacity, management of stocks throughout their range and conservation measures based on science and effective enforcement. The 1995 Agreement on Straddling and Highly Migratory Fish Stocks was the most important tool to deal with the problems facing the world’s fisheries. However, agreements were of little worth if they were not ratified and implemented, he said. He urged all countries to become party to the 1995 Agreement and then work to ensure the full implementation of their obligations under that Agreement.

FELIPE MABILANGAN (Philippines) said meaningful results were needed when it came to the problems relating to unauthorized fishing in zones of national jurisdiction, on the high seas and with regard to illegal, unreported and unregulated fishing. The living marine resources of the Philippines were under siege, he said. The marginal and traditional fisherfolk had to stay longer and go farther out to sea, and even then were not assured of any catch. This affected the livelihoods and the very lives of a large number of his countrymen.

He said the Philippines took its duty to protect the seas from poachers very seriously and exerted every effort to prevent that practice. However, the flag States had a responsibility to bear when their ships ignored established laws and disregarded the welfare of the environment.

Rules and standards were important, he said and every State had actively sought to establish those. Of particular significance to his country were the determined and dedicated efforts of the small islands developing States. They were the custodians of large areas of the world’s oceans and had a high share of global biodiversity.

He said he welcomed the continued emphasis given to the problem of piracy, which had reached serious and alarming levels in recent years. Piracy was included in the 13-point priority program of the Philippine Cabinet Committee on Maritime and Ocean Affairs. A national action plan was in the process of being formulated which would include provisions of self-protection measures and a ship security plan.

He said the conflicting claims to the South China Sea presented one of the more demanding challenges for his country, in its efforts to secure its maritime boundaries. As a claimant country, the Philippines based all its actions on the need to settle those disputes peacefully, in accordance with international law, and the need to continue to exercise self-restraint in the conduct of activities in the South China Sea.

THORSTEINN INGOLFSSON (Iceland) said his country’s economy was based on the sustainable harvesting of living marine resources. The health and responsible stewardship of the oceans were therefore of critical importance to Iceland. There was concern in many countries over the state of the oceans and of fish stocks in some regions. Some countries pressed for a more active role of the Assembly in the area of fisheries, due to the fact that their fish stocks had been depleted or even lost because of overfishing.

Fisheries were particularly important for developing countries, for their livelihood, food security and foreign exchange earnings. Fish were the primary source of animal protein for 1 billion people in the developing world. Those developing countries, he said, could not be expected to accept micro-management of their economies by the General Assembly. This was not meant to say that his Government was against all discussion of issues concerning fisheries, but it nevertheless felt that the Assembly should address issues that were global in nature and could be resolved only through global cooperation, such as marine pollution. On the other hand, conservation and sustainable utilization of living marine resources were local and regional matters. Iceland considered fisheries subject to the sovereign rights of States or under the responsibility of regional fisheries management organizations.

He noted that the three institutions established under the Convention on the Law of the Sea were functioning well. The International Tribunal for the Law of the Sea had already dealt with five cases in an expeditious and effective manner. The International Seabed Authority had recently adopted the Mining Code. Iceland had also followed with keen interest the work of the Commission on the Limits of the Continental Shelf. It had adopted the Rules of Procedure and the Scientific and Technical Guidelines and was ready to receive submissions from coastal States with information on the outer limits of their continental shelf beyond 200 nautical miles. However, he went on, the implementation of the Global Programme of Action to protect the Marine Environment from Land-based Sources of Marine Pollution had fallen short of expectations. Pollution from land-based activities was the most serious and imminent threat to ocean habitats and biological diversity; it represented between 70 and 80 per cent of all marine pollution.

S.S. PALANIMANICKAM (India) said the United Nations Convention on the Law of the Sea was the cornerstone of the international legal regime relating to the oceans and seas. His Government felt the need for its universal acceptance could not be overemphasized. It was essential for States parties, as a matter of priority, to harmonize their national legislations with the provisions of the Convention, in order to ensure the consistent application of those provisions.

India supported the adoption by the International Seabed Authority, of the Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area, popularly known as the Mining Code. The Code constituted the most important substantive basis for carrying out the functions of the Authority, permitting it to conclude formal contracts with the registered pioneer investors. As the first State to be registered as such an investor in 1987, India had its plans of work for exploration of the mine site in the Indian Ocean approved by the authority in 1997 and was now eligible to obtain an exploration contract.

He said, the report of the Secretary-General on the overexploitation of living marine resources and excess fishing capacity was a matter of grave concern. In addition, the prevalence of illegal, unregulated and unreported fishing was a severe problem affecting world fisheries, particularly those of developing countries. It was likely to have far-reaching adverse consequences for the long term, sustainable management of their fisheries. The Agreement on the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks was a significant development in the implementation of the Law of the Sea Convention. His Government was presently examining the agreement with a view to acceding to it. He expressed concern regarding overfishing that continued to take place in contravention of applicable regional conservation regimes and called for the implementation of agreements guaranteeing the enforcement of the rights of developing country coastal States.

PHAM BINH MINH (Viet Nam) said that as a coastal State with a broad continental shelf, his country attached great importance to the work of the Commission on Limits of the Continental Shelf. Since its establishment in 1997, eight sessions of the Commission had been held and it had made considerable efforts in its organizational work. He believed that the amendments to its Rules of Procedure would effectively enhance the work of the Commission.

Being a State party to the United Nations International Convention on the Law of the Sea, Viet Nam always respected the provisions of the Convention and fulfilled its international commitments. It therefore expected other parties to do likewise. The Government continued to adopt new laws and regulations, and to amend outdated ones, to further the harmonization between national law and international law of the sea.

It placed high priority on educating its people about optimum exploitation, as well as managing and preserving the marine resources and environment. Developing regional and international cooperation in marine scientific research and technology transfer was another focus, along with fishery, oil exploration and exploitation. Viet Nam was also exerting great efforts to cooperate with China and the countries of the Association of South-East Asian Nations (ASEAN), in order to create a favorable environment based on mutual understanding and confidence for the settlement of disputes in maritime boundaries in the Eastern Sea (South China Sea).

SU WEI (China) said his country, like others, attached great importance to the exploration, utilization and sustainable management of marine resources, the protection of the marine environment and marine scientific research. He said he appreciated the progress made in the work of the International Seabed Authority. The Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area further elaborated on the principle of “common heritage of mankind” as enshrined in the Convention, and provided concrete rules to be followed in activities of the exploration and exploitation of the international seabed.

On management and sustainable exploitation of marine living resources in the area beyond the national jurisdiction, he said commendable results had been achieved. The 1995 Agreement relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks represented an important complement to the United Nations Convention on the Law of the Sea.

He said illegal, unregulated and unreported fishing activities had severe adverse impact on the effectiveness of the measures for the sustainable management and exploitation of marine living resources. He hoped the United Nations agencies and regional fishery organizations would be strengthened so that the problem could be properly addressed.

Useful discussions had been held in the first informal consultative meeting on topics such as fisheries, environmental protection, scientific research, capacity-building, suppression of crimes at sea and the strengthening of regional cooperation.

SUH DAE-WON (Republic of Korea) said that while the gradual increase in the parties to the United Nations Convention on the Law of the Sea represented a trend towards universal participation, he hoped the incremental process towards the goal of universality would be accelerated with ratification or accession of the remaining States. It was important that the Convention attain universality and maintain its unified character in order to develop into an effective global norm that ensured a stable and peaceful maritime order. He said that, encircled by seas on three sides, the Republic of Korea attached great importance to maritime matters and considered it crucial to interpret and apply the Convention faithfully to its letter and spirit. The three institutions of the Convention, the International Seabed Authority, the International Tribunal for the Law of the Sea and the Commission on the Limits of the Continental Shelf, had made substantial progress over the past year.

He said crimes at sea, piracy and armed robbery in particular, were rampant in certain regions of the world and represented a serious threat to the lives of seafarers, as well as the safety of navigation and the security of coastal States. It was worrisome that, despite efforts to suppress those violent acts, there was still no sign of a significant decrease. The international community, regional organizations and States in affected regions should intensify their efforts to prevent and eradicate piracy and armed robbery at sea, with a renewed emphasis on inter-agency and inter-State cooperation.

He said he considered inter-State cooperation indispensable for the secure and effective implementation of the Convention, at the global and regional level, and he welcomed the signing of the new fisheries agreement between his country and China in early August. Important negotiations on maritime boundary delimitation between the Republic of Korea and neighboring States were now under way, for the purpose of ensuring the eventual legal stability of the seas of north-east Asia within the framework of the Convention.

S TU’A TAUMOEPEAU TUPOU (Tonga), speaking for the countries of the Pacific Islands Forum with Missions at the United Nations in New York (Australia, Federated States of Micronesia, Fiji, Marshall Islands, Nauru, New Zealand, Papua New Guinea, Samoa, Solomon Islands, Vanuatu), said the ocean was of immense importance to the Pacific Group. While many of those countries had small landmasses, they were the custodians of a great expanse of the world’s oceans,

with its collective exclusive economic zones amounting to more than 30 million square kilometres.

He said no treaty was more central to the spirit and goals of the United Nations Charter than the Convention on the Law of the Sea, which provided a legal order for nearly three quarters of the surface of the planet. He noted with satisfaction that the tenth meeting of States Parties, in addition to the important administrative tasks assigned to it, was increasingly dealing with a range of other important issues relating to the Convention. Among those was the question of a trust fund for providing assistance in proceedings before the Tribunal, and the 10-year time limit under article 4 of annex II to the Convention. That issue was of particular interest to him and he looked forward to taking part actively in further discussion on the issue.

KOICHIRO SEKI (Japan) said his country attached great importance to the United Nations Convention on the Law of the Sea. The Asian waters, particularly the South China Sea and the Malacca Strait, had been affected severely by piracy and armed robbery at sea. The number of incidents was increasing, and they were becoming more violent. Appropriate international action was needed to combat such crimes, so Japan was pleased that the draft resolution reflected that as a priority issue. Japan had been taking initiatives to combat crimes at sea, and, in March this year, it had hosted an international conference on the issue, which produced the Tokyo appeal.

In relation to the activities of the Commission on the Limits of the Continental Shelf, he said his delegation noted that the deadline for the submission of data and information for the purpose of establishing the outer limits of continental shelves beyond 200 nautical miles was fast approaching for those States parties for whom the Convention entered into force on 16 November 1994. In view of the importance of ensuring that every State party intending to submit data was able to do so, Japan supported the idea of establishing a voluntary trust fund that would assist the developing States in the preparation of their submissions to the Commission.

Touching upon fisheries and related issues, he said conservation management, as well as the sustainable use of living marine resources, was more important than ever for the subsistence of the human race. Japan believed it was important to build the capacities of developing countries in the area of fisheries in order to achieve the best in conservation and rational use of fisheries resources.

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