GENERAL ASSEMBLY WARNED OF DETERIORATION OF MARINE RESOURCES, OVER-EXPLOITATION OF FISH STOCKS

Fifty-sixth General Assembly

Plenary

66^th Meeting (AM)

GENERAL ASSEMBLY WARNED OF DETERIORATION OF MARINE RESOURCES,

OVER-EXPLOITATION OF FISH STOCKS

Speakers in Debate on Oceans and Law of Sea Also Stress

Problems of Piracy, Maritime Robbery, Smuggling of Migrants

One of the most preoccupying problems related to the world’s oceans and seas was the deteriorating state of marine living resources, the representative of Belgium, speaking for the European Union and associated States, told the General Assembly this morning as the Assembly continued consideration of its agenda item on maritime issues.

That deterioration was mainly due to over-fishing, he said.  An important step forward would be made by the imminent entry into force of the Agreement relating to Straddling Fish Stocks and Highly Migratory Fish Stocks, but further steps were needed to stop the overexploitation of the precarious fish stocks.  Regional fisheries management organizations, which had a crucial role to play in reducing illegal, unreported and unregulated fishing, must be appropriately mandated and equipped to provide the necessary decision-making, monitoring, control and surveillance.

The representative of Japan said his country was fully conscious of the need for the conservation and management, as well as sustainable use, of living marine resources.  It recognized the importance of the issue of straddling fish stocks and highly migratory fish stocks.  It would make every effort, in cooperation with the countries concerned and bearing in mind the marine ecosystem, to ensure appropriate conservation and management as well as the sustainable use of those resources by eliminating illegal, unregulated and unreported fishing and taking measures for managing fishery resources.

Chile’s representative, speaking on behalf of the Rio Group, said protection and preservation of the marine environment and capacity building were of particular importance to the developing countries and would without doubt contribute to the task of implementation of the 1982 United Nations Convention on the Law of the Sea.  The protection and preservation of the marine environment was essential for the future of the oceans, and States clearly had an obligation to contribute to the realization of that principle.  He stressed the importance of the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities. 

The representative of the Republic of Korea said acts of armed robbery against ships and other violent crimes at sea continued to pose a serious threat to the international community and had increased, with many attacks occurring in the territorial sea of States.  All States concerned, in particular the coastal States, should take the measures necessary to combat and investigate acts of piracy and armed robbery at sea.  Another problem was that of smuggling migrants by sea.  With more and more immigrants struggling to migrate, and fewer smugglers caring about their safety, more and more people were being exposed to danger.

The representatives of Argentina, China, Iceland, Australia, Uruguay, Russian Federation, Mexico, Fiji, Viet Nam, Papua New Guinea and Nigeria also addressed the Assembly.

The Assembly meets again at 3 p.m. today to conclude its consideration of its agenda item, Oceans and the law of the sea.

Background

The General Assembly met this morning to continue its consideration of agenda items Oceans and the law of the sea.  (For more background information, see Press Release GA/9980 of 27 November.)

Statements

EVERT MARECHAL (Belgium), speaking on behalf of the European Union, and associated States said that one of the most preoccupying problems related to oceans and seas was the deteriorating state of marine living resources, mainly because of overfishing.  An important step forward would be made by the imminent entry into force of the Agreement relating to Straddling Fish Stocks and Highly Migratory Fish Stocks.  Additional steps to stop the over-exploitation of the precarious fish stocks were, however, necessary.  Also, regional fisheries management organizations had a crucial role to play in reducing illegal, unreported and unregulated fishing.  Those organizations must be appropriately mandated and equipped to provide the necessary decision-making, monitoring, control and surveillance with regard to fisheries.

The reduction and control of pollution also required further action by the international community, he said.  Referring to pollution from land-based activities were concerned, he said meaningful results could only be expected when measures were taken at the level of the entire catchment basin, with priority accorded to prevention at the source.  Therefore, the European Union favoured the development of an integrated approach to coastal zone management, and to the catchment basin as a whole, that took into account the ecosystems concerned.

He said efficient governance of oceans, based on the principle of sustainable development and protection of marine environment, required sufficient understanding of all aspects of oceans and seas.  Marine science was, therefore, an essential element for sound decision-making, particularly regarding the management of marine ecosystems, the integrated management of oceans and coastal areas and maritime operations.  Concrete results in marine scientific research would depend highly on capacity-building at both the national and regional levels, and on the transfer of technology. 

Progress in marine scientific research and monitoring would depend on strengthening global action to ensure that marine science was conducted towards the needs of policy makers, he added.  The European Union looked forward to the results of the efforts of the United Nations Environment Programme (UNEP) to examine the feasibility of establishing a regular process for the assessment of the state of the marine environment, with active involvement by Governments and regional agreements and building on ongoing assessment programmes.

ALEJANDRA QUEZADA (Chile), speaking on behalf of the Rio Group, said she supported the Assembly’s suggestions for issues that should be considered at its next session, namely, protection and preservation of the marine environment and capacity-building.  Those two issues, she said, were of particular importance to the developing countries and would without doubt contribute to the task of implementation of the sea law Convention.

The protection and preservation of the marine environment was essential for the future of the oceans, and States clearly had an obligation to contribute to the realization of that principle.  She stressed the importance of the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities, and said she fully shared the view that most marine pollution was a result of such activities.  In that connection, she looked forward to the results of the review of the status of implementation of the Programme, which was being carried out in Montreal, Canada.  She also took note of the regional plans being implemented in this area by some of its members, such as the Plan of Action being carried out by the South-East Pacific region.

She said that the exploration for polymetallic nodules in the area, which would take place when contracts were concluded by the International Seabed Authority, had the potential to adversely affect the marine environment.  Expressing appreciation for the work of the Legal and Technical Commission of the Authority on the elaboration of environmental guidelines, she urged continued work on the elaboration of environmental rules aimed at contractors who were undertaking activities in the area.  She further encouraged the Authority and its Member States to give priority to those aspects related to the protection of the environment when considering future regulations for prospecting and exploring for polymetallic sulphides and cobalt-rich crusts. 

LUIS CAPPAGLI (Argentina) said that since the ocean was a source of indispensable resources, and was crucial for regulating the earth’s atmosphere, sustainability was of particular concern.  Adequate staffing of the consultative process was important to ensure that it assisted in the key areas of protecting mineral resources, promoting transfer of technology and making the benefits of marine science available to all States.  The United Nations Educational, Scientific and Cultural Organization's (UNESCO) convention on protecting underwater cultural resources was an important part of its overall convention on all cultural resources.

While the Secretary-General’s report on the subject was excellent, he said, several sentences raised questions about the obligations of international cooperation versus domestic law.  He cited the issue of scientific research carried out by other parties on the seas, an activity that was well-regulated in his country.  While the promotion of international cooperation was important, the rights of any individual party must not be infringed.  Nevertheless, Argentina was a coastal State and interested in the protection of fish stocks in its own areas and on the high seas.  All States should adhere to the Convention on measures to protect against illegal fishing.  Environmental guidelines should be regionally reviewed and taken into consideration when developing legislation.

He said the International Maritime Organization had developed a code concerning piracy and armed robbery on the seas.  States having information about such crimes should communicate the knowledge to the appropriate State.

MOTOHIDE YOSHIKAWA (Japan) said his country was fully conscious of the need for the conservation and management, as well as sustainable use, of living marine resources.  It had been addressing the issue as a responsible fishing country, in cooperation with other countries concerned as well as through the Food and Agriculture Organization and relevant regional fisheries management organizations.

He said Japan recognized the importance of the issue of straddling fish stocks and highly migratory fish stocks.  It would therefore make every effort, in cooperation with the countries concerned and bearing in mind the marine ecosystem, to ensure appropriate conservation and management as well as the sustainable use of those resources by eliminating illegal, unregulated and unreported fishing, and taking measures for managing fishery resources.

On the question of piracy and armed robbery at sea, he said the world, particularly the south-east Asian region, continued to be plagued by such crimes, despite the efforts of affected countries as well as the relevant international and regional organizations.  Cooperation in the Asian region could provide a useful example for other regions in their fight against piracy and armed robbery at sea.  Japan was determined to do its best to address the issue, in cooperation with other Asian countries as well as with international organizations such as the International Maritime Organization, and to make the seas safe for international navigation.

On the issue of marine scientific research, he said that although the Convention contained provisions for research, it was regrettable that there were some cases where marine scientific research programmes were hindered from being carried out because the provisions were not fully implemented by national laws and regulations.  He said it was imperative for all States, including Japan that depended upon the sea, to develop cooperative relations at the regional, sub-regional and global levels, so that present and future generations could continue to reap benefits from the oceans.

SHEN GUOFANG (China) expressed support of an integrated approach to marine management, and said China stood for the efficient and sustainable use of marine resources.  It was important to further strengthen the role and responsibilities of the relevant United Nations agencies and institutions with regard to the development and transfer of marine science and technology as well as their coordination therein.  The implementation of the related provisions of the sea law Convention should be enhanced, and practical programmes should be formulated to help developing countries in their capacity building.

He said China attached great importance to combating crimes at sea and had taken active measures to this end.  The role being played by the International Maritime Organization in preventing and combating piracy and armed robbery on the seas should be further strengthened, and it was desirable to make that organization a coordinating body in that field.  Countries should be encouraged to establish unified agencies for maritime law enforcement and step up their efforts to combat crimes on the sea.  Regional cooperation should be further encouraged to develop a rapid and effective system for information-sharing, so as to jointly combat crimes on the sea.

He said the fact that the International Seabed Authority had entered into exploration contracts with relevant pioneer investors marked a new stage in the international seabed development.  He said he supported the Authority’s plan to start work on the formulation of regulations on the exploration of resources other than polymetallic nodules, such as polymetallic sulphides and cobalt-rich crusts on the ocean floor.  It was one of the practical steps in implementation of the Convention and an important measure to strengthen the management of the resources in the international seabed area.

THORSTEINN INGÓLFSSON (Iceland) welcomed the fact that 30 States had ratified the Agreement on Straddling Fish Stocks and Highly Migratory Fish Stocks and that, consequently, it would enter into force in just two weeks.  The Agreement was of paramount importance since it provided a framework for conservation and management of those stocks by regional fisheries management organizations.  All States that had not done so should ratify the Agreement, and he emphasized the importance of effective implementation of its provisions.

He said one of the most serious and extensive threats to the health of the marine ecosystem was pollution from land-based sources.  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; national or regional action plans on such pollution were an important tool to address the problem.  Only a few countries had adopted such national action plans, he added.  Iceland was one of them, and he strongly urged other governments to develop their own plans of action. 

He said sustainable management of living marine resources was another area where there was need for more effective action.  In October, his Government had hosted an international Conference on Responsible Fisheries in the Marine Ecosystem; the objective was to review the experience of applying ecosystem considerations in fisheries management and to identify challenges and strategies for inclusion of ecosystem considerations.

The Conference had adopted the Reykjavik Declaration on Responsible Fisheries in the Marine Ecosystem.  The Declaration clarified the nature and objective of ecosystem-based fisheries management, and it recognized the need to take into account the impact of the marine ecosystem on fisheries as well as the impact of fisheries on the marine ecosystem.

DAVID STUART (Australia) said that oceans and law of the sea issues were of critical importance to Australia, which was the world’s largest island, had one of the world’s longest coastlines, and among the world’s largest maritime zones and continental shelves.  The world’s largest coral reef system fringed the north-eastern coast of Australia and the biodiversity of Australia’s marine ecosystem was remarkable.  Protection of the marine environment was a key priority for Australia, but the challenges were many.

He said the obligation to assist persons in distress was a fundamental principle of the maritime community and it was one to which Australia was fully committed.  Recent experiences showed that it was not always as straightforward a task as one would wish, particularly where issues of sovereignty and illegal activities such as people trafficking were involved. 

In this context, he said Norway had made some assertions in its statement yesterday concerning the MV Tampa incident which required a response.  The rescue by the MV Tampa occurred outside the search-and-rescue region designated as being the responsibility of Australia.  Beyond the issuing of a distress relay, Australia did not direct the rescue.  Responsibility for that was assumed by the Indonesian Rescue Coordination Centre.  Australian Search and Rescue was advised by the Norwegian Rescue Coordination Centre that the rescue had been completed, that the vessel had resumed its voyage and was en route to Indonesia and that the Tampa had been in contact with Indonesian authorities.  However, he understood that because of pressure from those rescued, the master turned the MV Tampa around and headed for Christmas Island.

He said the MV Tampa was carrying intended unauthorized arrivals, and entered into Australian territorial waters surrounding Christmas Island despite an Australian direction that it not do so.  It was relevant that Christmas Island had no port suitable for the landing of substantial numbers of people.  Australian authorities were monitoring the situation on board the MV Tampa and, in the circumstances, decided that there was no requirement for the vessel to approach the Christmas Island port facility.  Assistance was provided to those on board, including food and medical monitoring and attention.  He said Australia was fully aware of the obligations and traditions attached to the rescue of those in distress at sea.  It had abided by those obligations and traditions.  However, circumstances such as those that arose in relation to the MV Tampa must not be used as a means of entering the territory of a State unlawfully. 

FELIPE PAOLILLO (Uruguay) said this year’s report on the oceans and seas strengthened his conviction that marine resources had become a topic of growing seriousness, and should be a central occupation for governments.  Over the past

30 years, the international community had witnessed tremendous development in international standard-setting to protect the environment.  But neither the international community nor governments had done enough to halt the trend towards an ecological crisis of incalculable magnitude.

Regulations were plentiful, he continued, but States needed to comply with their agreed obligations.  Uruguay was particularly worried about illegal and unregulated fishing, which was continuing to increase, years after the international community had become aware that sustainability affected marine resources.  Such fishing could have an irretrievable impact on the environment. Its prevalence was testimony to the unpardonable indifference of governments that had allowed those activities.

But there were some signs of hope, he said.  One was that the 1995 Fish Stocks Agreement would soon come into force.  Unfortunately, however, its signatories did not include most of the countries with the largest fishing fleets. He was also gratified that the report attached importance to the transport of radioactive and other dangerous substances.  Ships carrying those substances were transiting the area near Uruguay with increasing frequency, which was a risk for the sea zone and the territories around it.

VLADIMIR TARABRIN (Russian Federation) said the issue of marine-associated concerns was important to all Member States.  The Convention on the Law of the Sea was the basic instrument in that regard for promoting international cooperation.  All States should accede to it as the basis of national, regional and global actions in the field.

Some emerging developments, which were outside the scope of the Convention and not covered by its provisions, could cause concern.  He said the new convention of the United Nations Educational, Scientific and Cultural Organization (UNESCO) on protecting underwater cultural resources was an example.  It undermined the integrity of the seas and oceans, giving extra rights to coastal States, including the right to unilaterally take any measures under the pretext of protecting underwater heritage.  What would happen in the case of sunken warships? he asked.  It was presumed that the convention would apply to signatories only and that it would not apply to sunken ships or airplanes.

Overall, he said, his country was a great fishing power and supported the promotion of mutual cooperation.  However, the output of new forums must not overstep the competence of other laws and should not reach beyond their competence.

He said he supported the draft resolutions before the Assembly today.  [The drafts relate to oceans and the law of the sea (document A/56/L.17) and to straddling fish stocks and highly migratory fish stocks (document A/56/L.18).]  However, he said, some portions of the text on the oceans and the law of the sea, on procedural points, were of concern.

ALFONSO ASCENCIO (Mexico) said problems associated with marine areas needed to be addressed as a whole, in a cross-disciplinary and interdisciplinary manner.  International cooperation at all levels was indispensable to complement domestic efforts in the marine environment.  To Mexico bilateral and regional cooperation was particularly important and, in this context, it was promoting a Caribbean conference in order to improve such cooperation.  

He said the protection of coral reefs needed to be put higher on the list of priorities.  Those reefs had a crucial environmental function.  Unfortunately, the coral reefs in his region had suffered significant damage because of ships running aground or dragging their anchors.  He appreciated that the General Assembly had recognized the importance of coral reefs, and that the question of their protection had been added to the Jakarta Mandate on Biodiversity.

He said capacity-building was one of the central issues related to the law of the sea.  Developing countries needed help so that they, too, could guarantee compliance to a uniform regime for sea law.  Only through international cooperation and with assistance to developing countries could the sea be used for the benefit of all, and for future generations.

AMRAIYA NAIDU (Fiji) said small coastal States would gain valuable knowledge through the equitable sharing of marine scientific research and appropriate technology.  The jurisdiction of those States covered huge ocean masses, which far exceeded their management or scientific capacities.  They had, however, contributed a considerable amount of raw data into years of ocean survey and data collection exercises carried out by distant States. Very little of the outputs had been shared with them, so that they could develop fisheries and oceans management policies and measures.  That disparity, however, had been addressed in the United Nations Convention on the Law of the Sea, which sought parity between all States, coastal or otherwise.

He said he welcomed the substantive progress in work by the International Seabed Authority.  The issue of licences to pioneer investors marked the beginning of yet another challenge to forge cooperative partnerships in executing the terms of exploration contracts.  Those had the added obligation of ensuring the equitable sharing of benefits, and sustainable work for common benefit, in polymetallic nodules.  He was pleased with the Authority’s consideration of issues relating to regulations for similar initiatives in cobalt-crust, sulphides and natural gas hydrates.

He said the development of fisheries and other ocean and sea resources remained a far cry from the Convention's provisions for Fiji and other small island developing States.  Appropriate strategies and mechanisms were needed to help build their capacities, develop their economic bases and enable them to equitably share their resources with other Member States.  Until then, States in the Pacific would continue to supply half of the world’s catch of tuna, yet earn only 4 per cent annually of that billion-dollar industry.  Capacity-building and support were needed in the institutional, legal and ocean governance areas, where limited economic and human resources were most visible.

NGO DUC THANG (Viet Nam) said that his country attached great importance to the sea law Convention, since it provided the fundamental legal framework for all activities related to the oceans and seas.  It was essential that the Convention be fully implemented and that its integrity be preserved.  Viet Nam highly appreciated the work of all the institutions set up under 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. 

The Seabed Authority, with the duties assigned to it under the Convention of organizing and controlling all mineral-related activities in the international seabed area beyond the limits of national jurisdiction, which underlay most of the world’s oceans, had successfully fulfilled its mandate.  The contracts that were signed earlier this year between the Authority and several seabed operators, had enabled them to explore for another mineral source -– polymetallic nodules.  However, the measurement of the environmental impacts of seabed exploration was still a matter of great concern.  He believed the effective protection of the marine environment must be ensured.

International cooperation in the field of marine science was, for developing countries like Viet Nam, essential -- for capacity-building, for enhancing resources and for strengthening the means of implementing the Convention.  He said Viet Nam welcomed the progress made between the countries of the Association of South-East Asian Nations (ASEAN) and China on the principles for resolving disputes in the South China Sea.  This would facilitate regional cooperation and served peace and stability in the region.

LEE HO-JIN (Republic of Korea) said marine pollution and the conservation and management of marine living resources were matters of great concern to many States.  Marine pollution had a direct economic and social impact on food security and public health, beyond degradation of the marine environment.  Effective measures against illegal, unreported and unregulated fishing at the global, regional and national levels were essential for the conservation and management of marine living resources.  To this end, all parties concerned should make every effort to apply international rules and standards under the principles of the Convention. 

He said acts of armed robbery against ships and other violent crimes at sea continued to pose a serious threat to the international community.  His delegation was greatly concerned that during a ten-month period last year, the number of such crimes had increased by 27 per cent compared with 1999.  Many attacks had occurred in the territorial sea of States.  It was alarming that those crimes were becoming increasingly violent.  All States concerned, in particular the coastal States, should take necessary measures to combat and investigate acts of piracy and armed robbery at sea.

He said another problem was that of smuggling migrants by sea.  It was a complex issue with the social and economic causes of migration at its background.

With more and more immigrants struggling to migrate, and fewer smugglers caring about their safety, more and more people were being exposed to danger.  Closer cooperation between countries of origin and destination was required to combat this problem.

PETER DONIGI (Papua New Guinea) said that as a small island nation in the Pacific, Papua New Guinea had to transport all its export commodities to Europe through the sea-lanes of South East Asia, where there was a high incidence of piracy and armed robbery at sea.  He spoke of the percentage of the transportation costs that went into insurance, as a result of those illegal activities.  That would help determine the measures to be taken to offset those costs and ensure participation in global trade.

On the issue of marine scientific research, he said his country was keen to be involved in such research.  It promoted understanding, helped the transfer of the knowledge-based capacity to conduct such research, and helped to improve the qualitative valuation of resources.  However, his country’s right to participate in research conducted on its waters, and the right to receive raw data from it, was sacrosanct and non-negotiable.  Papua New Guinea would also retain its claim to ownership of scientific samples taken from its waters, and it would reserve its right to the ownership of patents, knowledge or commercial use developed in the future.

To ensure sustainability of fish stocks there had been established last September the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean.  He said States fishing in the region should become parties to the Convention as soon as possible.  States had the right and obligation to protect their borders against the practice of migrant-smuggling and to take actions against those of its people engaged in it.

T.A.B. SHODIPO (Nigeria) noted with satisfaction the outcome of the United Nations Open-ended Consultative Process on Oceans and the Law of the Sea, which had focused on marine science and development, the transfer of requisite technology and cooperation in combating piracy and armed robbery at sea.  The “consent regime” for conducting marine scientific research in maritime areas, he said, struck a balance between the rights of coastal States to regulate research in maritime zones under their jurisdiction, and the right of researching States to carry out research that did not explore or exploit resources.

He said developing countries lacked the tools and expertise for such areas as exploration and exploitation of seabed minerals, conservation and protection of living resources and coastal management, marine scientific research, problems of pollution, and toxic and chemical waste dumping.  They would even need assistance in developing appropriate legal regimes to effectively manage the ecosystem.  They must be enabled, and that could only happen through cooperation, partnership and assistance.

He said that as a coastal State, Nigeria attached great importance to the management and conservation of fish stocks.  The conservation and rational use of living sea resources as well as the sustainable development of fishing resources were crucial for food security.  He welcomed the fish stocks agreement, which was a bold attempt by the international community to protect commercially important species that had been the victims of illegal, unregulated and unreported fishing.