National legislation on ocean authority zones and the contemporary law of the sea

Abstract

Unilateral claims to 200‐nautical‐mile zones of varying forms of national jurisdiction continue to proliferate as the LOS negotiations continue. Legislation from thirty‐nine nations establishing exclusive economic zones is examined. Discussion and comparison include the scope of authority claimed, the range in activities affected, the exclusiveness of authority asserted, the extent of recognition of the interests and rights of other states, and the geographic extent of individual claims. The primary focus is upon comparing provisions that concern or directly relate to navigation in the zone. After brief discussion of the draft LOS treaty provisions concerning access to the zone for transportation and communication, the disparity between these provisions and some national measures is noted.     

Fishing negotiations at the Third United Nations Conference on the Law of the Sea

Abstract

One of the major consequences of the negotiations at the Third United Nations Law of the Sea Conferences (UNCLOS III) was a substantial reduction of the international commons in which the freedom to fish existed and the creation of what was supposed to be a sui generis zone, the 200‐mile exclusive economic zone (EEZ), but within which the coastal state would have a virtual monopoly on the right to allocate resources. How this was done at UNCLOS III is analyzed using a model that shows the progress over time on major issues of the parliamentary‐diplomatic‐style negotiation in which consensus was required for an acceptable outcome. The shifting positions of major states and bargaining groups as they maneuvered toward consensus is examined on the questions of the creation of the 200‐mile EEZ, the rights of foreign fishermen in the EEZ, the fishing rights of geographically disadvantaged states in the EEZ, and the management of highly migratory species. The analysis shows that the new ocean regime, created through complex tradeoffs and strenuous issue‐by‐issue bargaining, was critically influenced by fisheries issues.     

Thailand's fisheries: A victim of 200‐mile zones

Abstract

During the 1970s, Thailand emerged as the major distant‐water fishing nation in Southeast Asia. By the 1980s, Thailand's neighboring states had introduced 200‐nautical‐mile economic zones with the consequence that the Thai fishing industry faces a loss of approximately 300,000 square kilometers of fishing grounds that had been utilized by the Thai trawler fleet. The Thai fishing industry will face a difficult time in the next decade as neighboring states take action to remove foreign vessels from their 200‐mile zones and the Thais are forced into their small zones in the Gulf of Thailand and Andaman Sea. Thailand, as a developing country with a distant‐water fishing fleet, is a victim of the 200‐mile economic zones.     

The fishing conservation and management act of 1976: Economic issues associated with foreign fishing fees and foreign allocations

Abstract

In April 1976 President Ford signed Public Law 94–265, the Fishery Conservation and Management Act of 1976. As this legislation comes of age, a far‐reaching and new approach to the management of our nation's fishery resources will be set into motion. Some of the most significant provisions of the Act are the restriction on the amount of foreign fishing, the charging of fees for foreign fishing privileges, and an enormous expansion of the area over which the United States exercises fisheries management control. This article briefly explains why the Act came into existence and what its key provisions are. It outlines the proposed foreign fee system for FY1977 and discusses the important economic impacts upon the United States from foreign fishing fees and restricted amounts of foreign fishing. It then examines possible policy questions and the important economic information necessary to assess them.     

Harmonizing extended zone legislation in southeast asia

Abstract

The extension of national jurisdictions up to 200 nautical miles out to sea creates new opportunities for cooperation among nations in regions such as Southeast Asia. One approach to cooperation is for nations of the region to work toward harmonizing their national laws relating to the management of their extended zones. Harmonization may be defined as the deliberate alignment of the laws of different nations for the purpose of fulfilling their national interests.

In Southeast Asia there are opportunities for harmonization in most of the major ocean use sectors. In fisheries, for example, standardized laws might be established regarding the licensing of foreign fishing vessels for access to Southeast Asian waters. In shipping, agreed standards could be applied to expedite shipping between ports of the region as well as for traffic to and from the region. In environmental protection, uniform standards could be established for monitoring for pollution. Harmonization may be especially useful where issues are international in character but the concerned nations are reluctant to create any new international management body.     

The new ocean regime and Japan

Abstract

Japan is an island nation which is heavily dependent upon the surrounding seas for food, importation of raw materials, exportation of finished products, and for national security. Japan is also the world's largest fishing and shipping nation, which poses certain problems and imposes special responsibilities on her. Japan has traditionally followed the principle of freedom of the high seas, but under the external pressure of developments at UNCLOS III and unilateral actions by other states, Japan has been forced to accept and accommodate herself to the new concept of transit passage through international straits, the twelve nautical mile territorial sea, and the two hundred nautical mile exclusive economic zone, which were perceived as contrary to her national interests. However, Japan is adapting to the new ocean regime that is emerging from both customary and conventional international law, because she has confidence that a stable regime is more important in the long run than some short‐term advantages that might be obtained through the absence of any regime. Furthermore, as one of the highly developed nations of the world, Japan feels a special responsibility to play an effective role in aiding and assisting the developing nations of the world.     

Highly migratory species in the new law of the sea

Abstract

The 1982 Convention on the Law of the Sea provides for coastal state sovereign rights over all living resources within the exclusive economic zone, but in a separate article makes special provision for so‐called highly migratory species (HMS) that are specifically identified in an Annex to the treaty. This paper examines the basic treaty provisions concerning all fisheries in the EEZ, highlighting the position of HMS, and then devotes detailed consideration to the regulation of fishing for HMS in light of Article 64 and other articles of the treaty. Discussion centers upon the requirements of Article 64, including the duty of cooperation and its subject matter, the meaning and consequence of failure to cooperate, the manner of cooperation under Article 64, and the application of the treaty to enclaves of high seas. Attention is given to the application to HMS of specific obligations under Articles 61 and 62, authority over HMS fishing within archipelagic waters, and the use of fish aggregation devices. There is also consideration of the relationship between the 1982 Convention and customary law regarding HMS, with particular attention to the position vis‐a‐vis the Convention of the United States as a nonsignatory who does not recognize coastal state jurisdiction over tuna but claims sovereign rights over all other highly migratory species within its recently proclaimed exclusive economic zone.     

Southeast asia: National marine interests and marine regionalism

Abstract

Increased awareness of the value of marine resources and their fragility and/or limits is fostering a consideration of regional marine arrangements when states in physical marine regions perceive that global standards and regimes may not adequately address their special circumstances. The semi‐enclosed South China Sea appears to be a logical site for regional approaches to certain transnational problems of common marine resource use or protection. Political entities include the Westem‐oriented ASEAN block‐Thailand, Malaysia, Singapore, Indonesia, and the Philippines; the socialist states‐China, Vietnam, Kampuchea, and land‐locked Laos; politically‐isolated Taiwan, the British dependencies of Hong Kong and Brunei, and the Portuguese colony of Macau. Each political entity's predilection to participate in regional marine arrangements is determined by integrating perceived advantages and disadvantages to national marine interest, approximated by such measures as marine accessibility, dependence, investment and control, with the perceived importance of politically integrative and divisive factors.     

Using bioacoustics and conventional netting methods to assess the initial effectiveness of a newly deployed artificial reef on fish assemblages in Xiangshan Bay near Ningbo,Zhejiang Province,China

Objectives of the study were ascertaining the temporal variation of fish density and biomass as well as the changes in fish species composition in a surveyed area before and after deployment of an artificial reef. The study was initiated within an area of 0.25 km² in response to a strong demand for fisheries enhancement and resource conservation in Xiangshan Bay, Zhejiang Province, China. This survey data was collected through a SIMRAD EY60 system and bottom trinal nets pre‐ and post‐construction of the artificial reefs, May 2011 to September 2012 in Xiangshan Bay. The raw data were analyzed using fisheries acoustic Echoview (Myriax) software combined with bottom trinal net data. The results showed that estimated fish density, represented by a nautical area scattering coefficient (NASC) at the artificial reef increased by 14.04, 31.10, 17.35% in May, July and September 2012 after construction of the artificial reef, and that the fish biomass increased by 8.92, 29.06, and 18.09% in these three months of 2012 in contrast to 2011. The numbers of fish species varied from 7 to 9 in May, from 10 to 14 in July and from 9 to 12 in September of 2012. These temporal changes in the fishery status were considered as being mainly due to deployment of the artificial reefs in early April 2012.     

Maritime Delimitation and Fishery Cooperation in the Tonkin Gulf

In June 2004 China and Vietnam ratified both a maritime boundary agreement for the Tonkin Gulf (Beibu Gulf) and a fisheries cooperation agreement for the Gulf. These agreements end years of negotiation and debate regarding the rights of the respective states to the ocean areas and resources in the Gulf.     

French marine policy in the 1970s and 1980s

Abstract

France, hitherto more “continental”; than “maritime,”; increasingly developed its ocean activities in the 1970s and 1980s. This article describes the different sectors of its marine activities and evolvement of a different outlook concerning the sea. Important events such as the 1976 Proclamation and subsequent implementation of the French 200‐nautical mile Exclusive Economic Zone, and 1981 formation of a new Socialist government in France after 23 years of uninterrupted “Gaullist”; rule, offered a unique opportunity to restructure marine policy. The new Ministry of the Sea was intended to integrate marine policy and cater to a developing ocean “constituency.”; It was eventually downgraded to a “Secrétariat d'Etat,”; but its impact was undeniably important.     

The case in international law for Canada's extension of fisheries jurisdiction beyond 200 miles

In March 1995, Canadian fisheries authorities boarded and arrested the Spanish fishing vessel, Estai, outside the Canadian 200‐mile zone on the Grand Banks, an event that served to focus world attention on a dispute that had its origins in the failure of the 1982 United Nations Convention on the Law of the Sea to implement an effective conservation and management regime for fish stocks on the high seas, particularly with respect to fish stocks that straddle coastal states’ exclusive economic zones. This article examines the origins of the dispute, including the allegations relating to overfishing of North Atlantic Fisheries Organization‐recommended quotas, the background to the vessel's arrest, and the subsequent confrontation that occurred, both at diplomatic levels and on the high seas, between Canada and the European Union. An analysis is made of the case in international law for Canada's extension of jurisdiction beyond 200 miles pursuant to the provisions of Section 5 of the Coastal Fisheries Protection Act. Finally, the article examines the implications of the recently concluded Agreement on the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks for disputes of the kind that arose in the present case.     

Population diversity of Cistopus indicus inferred from mitochondrial DNA (Cytochrome b) variation from China and Vietnam

ABSTRACT

The octopus Cistopus indicus is an important target of cephalopod fisheries in China. It is widely distributed in the South Pacific and tropical Indian Ocean, from the South China Sea, the Philippines, Malaysia, to Indian and Pakistan seas. We collected specimens from five sites in China and Vietnam (Zhoushan, Wenzhou, Shacheng, Zhanjiang and Mangjie). A fragment of 675bp of cytochrome b (Cytb) was amplified from 95 individuals. A total of 27 haplotypes and 78 variable nucleotide sites was observed. High haplotype diversity and low nucleotide diversity were observed in all populations. The phylogenetic analysis separated these populations into two clades; one was composed of three populations (Zhoushan, Wenzhou and Shacheng), the other of two (Zhanjiang, Mangjie). AMOVA analysis detected that 4.67% of the genetic variation occurred within populations and 95.33% occurred among populations. FST values ranged from 0.014 to 0.993, highlighting the high genetic variation among the populations. Assuming a molecular clock with a rate of 2.15–2.6%/Ma for the Cytb gene, the two clades may have diverged 2.88–3.49 million years ago (Pliocene). Neutral evolution tests and mismatch distribution analysis suggested recent population expansion. The present results revealed valuable information for genetic assessment, management and conservation of this species.     

The European economic community and the law of the sea

Abstract

The European Economic Community (EEC) has the competence, to the exclusion of its Member States, to conclude international agreements in important fields, such as fisheries, on which the draft convention on the law of the sea contains provisions. Contracting parties to the future Law of the Sea Convention will not be allowed to make reservations to the convention or participate in it on a partial basis. It follows there‐from that provisions must be envisaged which would allow the EEC to become a contracting party to the convention together with its Member States. This article outlines the legal background for participation by the EEC in international agreements and indicates the main provisions of interest to the EEC in the draft convention prepared at UNCLOS III.     

The first baleen whale marine protected area proposed for Bryde's whales in the Beibu Gulf,China

The establishment of marine protected areas (MPAs) for cetaceans is an important strategy to mitigate human disturbance and protect biodiversity. Despite abundant cetacean species, there are only a few MPAs dedicated to cetacean conservation in China, all of which are for inshore dolphins. Bryde's whales, the only nearshore baleen whale population in mainland China, are conflicting with intensive human activities, yet an effective conservation strategy is lacking. This study used species distribution models to analyze distribution patterns and suitable habitats of Bryde's whales in the Beibu Gulf and proposes the first baleen whale MPA in China. Our results showed Bryde's whales have a seasonal distribution pattern in the Beibu Gulf, and that the waters around Weizhou Island and the southeastern coast of Vietnam were their core habitats. The seasonal nighttime light data indicated a negative relationship between the number of ship lights and Bryde's whale sightings and suggest that Bryde's whales might be threatened by fisheries. We proposed an MPA based on the results, suggesting that the waters within 20 km around Weizhou Island should be declared a protected area. Furthermore, we recommend that anthropogenic activities in the waters around Weizhou Island are better managed to reduce negative impacts on marine life.     

Fauna of anemonefishes (Pomacentridae,Amphiprioninae) and their host sea anemones (Cnidaria,Actiniaria) on reefs of Phu Quy,Con Son,and An Thoi Islands (South China Sea,South Vietnam,and Gulf of Thailand) and a review of these groups from the coastal waters of Vietnam

A full species composition of anemonefishes (Pomacentridae, Amphiprioninae) and their host sea anemones (Cnidaria, Actiniaria) from reefs of Phu Quy and Con Son Islands (off South Vietnam) and An Thoi Islands (northeastern Gulf of Thailand) is presented for the first time. A comparison of the faunas of anemonefishes and their host sea anemones is conducted in the coastal waters of Vietnam and adjacent waters. The presence of intermittent ranges of the anemonefishes in the coastal waters of Vietnam is demonstrated. For example, the ranges of two species, Amphiprion clarkii and A. frenatus, include the coastal waters of Vietnam, excluding the Gulf of Thailand, where they are not found even at the eastern border of the gulf. A. perideraion is absent in the Gulf of Tonkin, but it is distributed to the south along the entire coastal zone of Vietnam, including the Gulf of Thailand. In the coastal waters of Vietnam, A. sandaracinos is distributed only between the Gulf of Tonkin and Gulf of Thailand. A. polymnus is reliably indicated in the coastal waters of Vietnam between 12°50′ and 9°54′ N, but, most likely, its range is continuous along the entire Vietnamese coast. The richness of species composition of host sea anemones decreases (from nine to three species) in the southern direction, from Central Vietnam to the eastern border of the Gulf of Thailand.     

Deciphering the Nnorth Korean‐Soviet (Russian) maritime boundary agreements

Abstract

North Korea and the Soviet Union delimited their land and sea boundaries in two treaties, signed in 1985 and 1986. A warming bilateral relationship, joint plans to develop an economic zone near the Tumen River land boundary, and the desire to exploit marine resources, especially offshore oil, probably accelerated the negotiations. The two countries’ straight baseline claims affected the bearing of the negotiated boundaries. The territorial sea boundary may have given half‐effect to the natural coastline, and inexplicably, its terminus falls short of extending a full 12 nautical miles from the respective straight baseline claims. The 1986 continental shelf/exclusive economic zone boundary reflects the baselines and appears to delimit the South Korea—Soviet Union continental shelf, as well as the tri‐point with Japan. It ignores the presence of Liancourt Rocks (Takeshima/Tok‐do), islets disputed between Japan and South Korea. Neither South Korea nor Japan has publicly commented on the treaties.     

Wide limits and “equitable”; distribution of seabed resources

Abstract

This article discusses some drawbacks of a universally applicable 200‐mile limit for seabed resources in terms of the artificial nature of this limit, the jeopardy to the proposed international regime to govern deep seabed resources, and the views of land‐locked and shelf‐locked countries. Given the uncertain political acceptability of a 200‐mile limit, a systems approach is suggested as a means of devising a compromise solution that would maximize the objectives of: respect of existing internationally agreed conventions; promotion of the rational development of deep seabed resources; provision of equitable distribution of seabed resources and provision of acceptable benefits to all major groups of countries. One possible solution would be to have the limit of coastal jurisdiction over seabed resources defined in terms of the continental margin coupled with a system for sharing the “take”; in the area between 12 miles and the limit of the margin. The share payable to the international seabed authority would increase progressively with the distance of exploitation from the coast but would be moderated by the relative income level of the coastal State.     

The 1987 law of yugoslavia on the coastal sea and the continental shelf

Abstract

This article analyzes the recent Yugoslav legislation on the regime of internal waters, the territorial sea, and the continental shelf which was initiated by the ratification of the Law of the Sea (LOS) Convention on behalf of Yugoslavia on November 27, 1985. The highlights of the 1987 law are the clauses strengthening the national security interests in the internal waters of Yugoslavia, the repair of foreign ships in domestic shipyards, the introduction of the system of prior notification of foreign warships entering the territorial waters, and the extension on the continental shelf of sovereign rights over archeological and historical objects. It is maintained that the law has failed to incorporate the novelties of the LOS Convention such as the proclamation of the Yugoslav exclusive economic zone (EEZ) in the Adriatic Sea and the reestablishment of its contiguous zone.     

U.S. fishery negotiations with Canada and Mexico

Abstract

In the last decade, the world has witnessed a fundamental reorientation of posture toward marine resources as evidenced by consensus in the Third United Nations Conference on the Law of the Sea (UNCLOS III) and the near universal move toward fishery jurisdictions of 200 nautical miles (370 km). These and other non‐marine‐specific economic and political pressures impose a new constellation of constraints on North American fishery relations. This has resulted in disharmonies on two borders.

This paper, then, addresses the form of binational fishery negotiations between the United States and her two neighbors. One section presents a general model of the binational negotiation process. The next section introduces the institutional and political context of U.S.‐Canada relations, and then applies the negotiation model to the evolution of West Coast salmon deliberations. In a parallel fashion, the following section focuses on U.S.‐Mexico relations and the tuna, shrimp, and anchovy fisheries. The last section concludes with remarks on future directions for North American binational fishery relations.