Fisheries and Oceans

34.	Marshall Islands (19 March 2003)
33.	Ukraine (27 February 2003)
32.	Cyprus (25 September 2002)
31.	United Kingdom (Pitcairn, Henderson, Ducie and Oeno Islands, Falkland Islands, South Georgia and South Sandwich Islands, Bermuda, Turks and Caicos Islands, British Indian Ocean Territory, British Virgin Islands and Anguilla (10 December 2001)
30.	Malta (11 November 2001)
29.	Costa Rica (18 June 2001)
28.	New Zealand (18 April 2001)
27.	Barbados (22 September 2000)
26.	Brazil (8 March 2000)
25.	Australia (23 December 1999)
24.	Uruguay (10 September 1999)
23.	Canada (3 August 1999)
22.	Monaco (9 June 1999)
21.	Papua New Guinea (4 June 1999)
20.	Cook Islands (1 April 1999)
19.	Maldives (30 December 1998)
18.	Islamic Republic of Iran (17 April 1998)
17.	Namibia (8 April 1998)
16.	Seychelles (20 March 1998)
15.	Russian Federation (4 August 1997)
14.	Federated States of Micronesia (23 May 1997)
13.	Mauritius (25 March 1997)
12.	Iceland (14 February 1997)
11.	Solomon Islands (13 February 1997)
10.	Senegal (30 January 1997)
9.	Bahamas (16 January 1997)
8.	Nauru (10 January 1997)
7.	Norway (30 December 1996)
6.	Fiji (12 December 1996)
5.	Samoa (25 October 1996)
4.	Sri Lanka (24 October 1996)
3.	United States of America (21 August 1996)
2.	Saint Lucia (9 August 1996)
1.	Tonga (31 July 1996)

Source:  United Nations, Oceans and the Law of the Sea, Division for Oceans Affairs and the Law of the Sea, last updated 11 April 2003, http://www.un.org/Depts/los/convention_agreements/convention_agreements.htm.

---

APPENDIX 3

Straddling Fish Stocks in the Northwest Atlantic:  A Chronology

1940s and 1950s

• In 1945, U.S. President Harry S. Truman unilaterally extends United States jurisdiction over all natural resources on that country’s continental shelf.  Mexico and other Latin American countries follow with similar proclamations.
• In 1946, Argentina claims control of its continental shelf (which extends beyond 200 miles) and the sea above it.  Hoping to control the depletion of fish stocks in their adjacent seas and to limit the activities of distant-water fishing fleets, Chile and Peru assert sovereign rights over a 200‑mile zone in 1947.
• In 1948, Iceland declares conservation zones beyond its three-mile limit out to the continental shelf.
• On 8 February 1949, the International Commission for the Northwest Atlantic Fisheries (ICNAF) is established to undertake research on and manage the Northwest Atlantic fishery.  On 31 March, the Newfoundland Act, 1949 and the Terms of Union of Newfoundland With Canada bring Newfoundland and Labrador into Confederation as the 10^th province.
• Ecuador extends its jurisdiction to 200 miles in 1950.  Iceland extends its territorial sea from three to four miles in 1952.
• In March 1954, the Fairtry – a converted Antarctic whaling vessel and the first of a generation of factory freezer stern trawlers – is launched from a shipyard in Scotland and dispatched to the Grand Banks.
• In 1958, the United Nations convenes the first of three conferences on the Law of the Sea in Geneva.  The United Nations Conference on the Law of the Sea (UNCLOS I) produces conventions dealing with:  the territorial sea and the contiguous zone, the high seas, fishing and conservation of the living resources of the high seas, and the continental shelf.  That year, Iceland declares a 12-mile territorial sea.

 

1960s and 1970s

• The Second United Nations Conference on the Law of the Sea (UNCLOS II) is convened in 1960, but fails to produce an agreement on the breadth of the territorial sea and on fishing zones.
• Canada extends its territorial sea from three to 12 miles in 1964.  The Gulf of St. Lawrence and Bay of Fundy are declared to be within Canada’s exclusive jurisdiction in 1971.
• In response to voyages of the American super tanker Manhattan through the Northwest Passage, Canada extends its jurisdiction in Arctic waters to 100 miles in 1971.
• In 1972, Iceland adopts a 50-mile limit; the so-called “cod wars” ensue between that country and Britain.
• On 3 December 1973, the Third United Nations Conference on the Law of the Sea (UNCLOS III) opens.  Like its two predecessors, the Conference attempts to introduce some order into the extension of claims of maritime states to ocean resources.  The first substantive meeting is held in June 1974 after five years of preparation by the UN Seabed Committee.  Canada takes a leading role in all areas of negotiations (limits to national jurisdiction, fisheries management, pollution control, scientific research, and seabed mining).
• In 1975, Canada’s Fisheries Minister closes ports to Soviet fishing boats.  Canada pursues bilateral agreements with other nations to pave the way for a 200-mile declaration, and offers access to fish in return for compliance with the 200-mile limit.
• In 1976, Iceland adopts a 200-mile limit.  Canada’s Fisheries Minister announces that Canada will unilaterally extend jurisdiction to 200 miles on 1 January 1977.  The federal government releases its Policy for Canada’s Commercial Fisheries, which lays the ground rules for fishery management in anticipation of extended jurisdiction.
• On 1 January 1977, Canada unilaterally declares fisheries jurisdiction to 200 miles.  The declaration creates two boundary disputes – one with the United States in the Georges Bank/Gulf of Maine area (resolved by reference to the International Court of Justice (ICJ) in The Hague in 1984) and one with France, which claims a 200-mile economic zone around the islands of St. Pierre and Miquelon off the southern coast of Newfoundland and Labrador (resolved by a decision of a court of arbitration in 1992).  In 1977, Canada implements the first Groundfish Management Plan.
• On 1 January 1979, the Northwest Atlantic Fisheries Organization (NAFO) formally comes into existence to manage those portions of the Grand Banks fishing grounds outside Canada’s 200‑mile zone.  Quotas are voluntary to the extent that members can circumvent them by launching an objection through an appeal process.  Ten stocks are initially brought under NAFO management, seven of which straddle the 200-mile limit.  ICNAF expires on 31 December 1979.

 

10 December 1982

The LOS Convention is opened for signature at Montego Bay, Jamaica.  A record number of 119 countries sign the LOS Convention that day.  Canadian Alan Beesley, who chaired the LOS Convention’s drafting committee, signs for Canada.

 

25 January 1983

The Council of Ministers of the European Economic Community (EEC) approves a new common fisheries policy based on a community system for the conservation of resources, a common organization of the fishery market, and a common external policy.

 

September 1985

At the seventh annual meeting of NAFO, the EEC challenges Canada’s exclusive management of northern cod in the NAFO Convention Area, and argues that Total Allowable Catches should be set above previous levels.  The NAFO Fisheries Commission adopts a moratorium for 1986 on (3L) cod fishing by NAFO Contracting Parties.

 

1987

A federal/provincial task force on foreign overfishing reports to Canada’s First Ministers.  In accordance with their instructions, Canada focuses the attention of other NAFO members on the overfishing problem and the implications of the EEC’s refusal to comply with NAFO conservation decisions.  The Fisheries Council of Canada releases Foreign Overfishing:  A Strategy for Canada.

 

September 1988

The NAFO General Council adopts Resolution 4/88 calling on all Contracting Parties to avoid excessive or inappropriate use of the objection procedure.

 

September 1989

The NAFO General Council passes Resolution 1/89 calling for compliance with the NAFO management framework and decisions.

 

October 1989

Alan Beesley, an internationally known authority on the Law of the Sea, is appointed Ambassador for Marine Conservation.  That year, the Government of Canada begins high-level diplomatic efforts and a public information campaign in Europe.

 

December 1989

The Standing Senate Committee on Fisheries recommends in The Marketing of Fish in Canada that Canada step up sanctions beyond port closures and the curtailment of preferential access to surplus stocks of fish within the 200-mile limit to bring pressure on those countries that overfish the straddling fish stocks.  The Committee recommends that the Prime Minister, the Secretary of State for External Affairs, and the Minister of Fisheries and Oceans develop a strategy to establish full Canadian fisheries jurisdiction over the whole continental shelf.

 

23 March 1990

The Fisheries Council of Canada (FCC) releases Managing Fisheries Beyond 200 Miles:  Canada’s Options to Protect Northwest Atlantic Straddling Stocks.  Prepared by the Oceans Institute of Canada, the study focuses on the need for more stringent conservation of transboundary stocks and proposes policy options for Canada, including functional fisheries management for these stocks.

 

30 March 1990

The federal government releases the Final Report of the Northern Cod Review Panel (chaired by Dr. Leslie Harris).  The Independent Review of the State of Northern Cod recommends that Canada seek international agreement to permit its management of all fish stocks indigenous to the Canadian continental shelf and that extend beyond the 200-mile economic zone and, failing achievement of this objective, Canada take unilateral action to acquire management rights.

 

September 1990

Canada hosts a gathering of experts on high seas conservation in St. John’s, Newfoundland.  At the next meeting held in May 1991, in Santiago, Chile, Canada joins with other coastal states to develop a text of principles and measures (known as the “Santiago Text”).  At the 12^th annual meeting of NAFO, a working group is established to develop proposals for the improvement of fisheries surveillance and control.  A resolution directed toward eliminating catches by fleets from non-members of NAFO, particularly fleets operating under flags of convenience, is adopted.

 

17 May 1991

Randolf Gherson is appointed Ambassador for Fisheries Conservation (replacing Alan Beesley), with responsibility to coordinate Canada’s efforts to resolve the problem of overfishing.

 

September 1991

A report tabled at NAFO’s 13^th annual meeting shows that all stocks managed by the organization are in decline.  Some stocks are believed to be so low that scientists can no longer offer meaningful management options.

 

24 February 1992

Canada’s Minister of Fisheries and Oceans announces a conservation ceiling for the management of the northern cod stock, effectively shutting down the Canadian offshore fishery inside the 200-mile limit.

 

March 1992

During a preparatory meeting for the United Nations Conference on Environment and Development, the principles in the Santiago Text (of September 1990) are incorporated in “L.16,” a United Nations document on high seas fishing regulation.  The proposals on high seas fishing are supported by 40 coastal states.  On 30 March, a convoy of seven Canadian trawlers sets out from St. John’s to take “symbolic custody” of the fishery beyond Canada’s 200-mile limit.

 

3 June 1992

The EC suspends fishing for cod, plaice and yellowtail in areas outside the 200-mile zone.

 

5 June 1992

The Scientific Council of NAFO releases a report that validates the data and analysis presented by Canadian scientists on the state of northern cod.

 

6 June 1992

A resolution is passed at the United Nations Conference on Environment and Development (UNCED, also known as the Earth Summit) committing nations to the conservation and sustainable use of marine living resources on the high seas.

 

2 July 1992

A two-year moratorium on the Canadian northern cod (2J3KL) fishery is announced by the Minister of Fisheries and Oceans.  On 19 July, Save our Northwest Atlantic Resources (SONAR) is formed by the Fishermen, Food and Allied Workers Union and the Fisheries Association of Newfoundland and Labrador.

 

September 1992

At its annual meeting, NAFO unanimously adopts a ban on fishing for northern cod in 1993.  The EC, for the first time since 1984, agrees to abide by all NAFO conservation decisions for 1993.  Quotas are generally set in accordance with the advice from the NAFO Scientific Council.  NAFO approves measures developed at a special session on surveillance and control (convened at Canada’s request) in May 1992.  A pilot project begins in January 1993 to place observers on vessels (from each Contracting Party) for 10% of fishing days.  Measures to reduce the harvest of small fish include new minimum sizes for cod and flounder, and new minimum mesh sizes.  Measures to improve the effectiveness of inspections at sea include the requirement to maintain production log books or stowage plans.

 

22 December 1992

The UN General Assembly adopts a resolution to convene a Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks.

 

21–24 January 1993

Representatives from 47 United Nations countries meet in St. John’s to prepare for the United Nations Conference on High Seas Fisheries, to be held in April and July.

 

19–23 April 1993

Sixty-five countries attend the organizational session of the UN Conference on High Seas Fisheries in New York City.

 

6 July 1993

DFO releases a report on the status of groundfish stocks, which indicates that northern cod stock may not recover until the end of the decade.

 

9 July 1993

The Canadian Prime Minister asks for the commitment of other Group of Seven (G7) members to support the upcoming United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks.

 

12–30 July 1993

The second session of the Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks meets at the United Nations in New York City.  On 16 July, the Canadian delegation tables a draft convention that requires:  recognition of the special interest of coastal nations in straddling and migratory species outside their 200-mile limits; consistency in conservation and management measures inside and outside Exclusive Economic Zones; a stipulation that there be no adverse impact on resources inside 200‑mile limits from fishing in areas outside the limits; and a compulsory dispute settlement mechanism.  The proposal is co-sponsored by Argentina, Chile, Iceland and New Zealand.

 

September 1993

At its annual meeting, NAFO extends the 1993 moratorium on fishing for northern cod outside 200 miles to the end of 1994, and adopts a moratorium for 1994 on fishing 3LNO American plaice and yellowtail flounder, and 3NO witch flounder.  New conservation measures are approved for fishing shrimp and 3NO cod.  For 3NO cod, this includes:  the presence of Canadian or European Community (EC) patrol vessels when the stock is being harvested; 50% observer coverage on vessels; and dockside monitoring by EC officials for all EC fishing vessels.  NAFO-member countries commit themselves, over the next year, to pursue means of ending fishing by vessels from non-NAFO countries.

 

October 1993

The Fisheries Crisis Alliance (a coalition of Newfoundland church groups, municipalities, development associations, unions and fishery organizations) releases, on 1 October, a petition calling for the restoration of fish stocks.  On 20 October, a national campaign called “No Fish, No Future” is launched by the Canadian Ocean Caucus (an alliance made up of about 50 environmental groups from across Canada).

 

24 November 1993

The International Agreement to Promote Compliance with International Conservation and Management Measures for Fishing Vessels on the High Seas is adopted by the UN Food and Agriculture Organization in Rome.  Known as “the FAO Compliance Agreement” (and the first stage to be completed of the FAO’s Code of Conduct for Responsible Fisheries), the Agreement places a general obligation on flag states to take measures to ensure that their vessels do not engage in activities that undermine the effectiveness of international conservation and management measures.

 

29 November 1993

Canada’s Fisheries Resource Conservation Council (FRCC) recommends that the moratorium on fishing for northern cod be extended through 1994, and that it include cod in the Gulf of St. Lawrence and areas off Nova Scotia.  The FRCC believes overfishing by foreign fleets generally (and their catches of small fish in particular) to be a serious constraint to the rebuilding of stocks on the Grand Banks, and recommends that the Government of Canada take appropriate action.

 

20 December 1993

The Minister of Fisheries and Oceans announces the 1994 Atlantic Groundfish Management Plan.  The northern cod moratorium is to continue indefinitely, all major cod fisheries inside the Canadian zone are to close, and quotas for most other species of groundfish are to be sharply reduced.  Total Allowable Catches of groundfish in the Atlantic region are reduced to 250,000 tonnes, a 75% reduction from 1988.  In December, the European Community agrees to respect the ban on fishing northern cod outside Canada’s 200-mile limit.

 

18 January 1994

The Throne Speech underlines the federal government’s commitment to “take the action required to ensure that foreign overfishing of East Coast stocks comes to an end.”  Later in January, the Minister of Fisheries announces that he had asked the Minister of National Defence to be prepared, when the time came, to inform the government of options available to deal with overfishing.

 

February 1994

Results of Canadian research on turbot (also known as Greenland halibut) off lower Labrador and eastern Newfoundland suggest a two-thirds decline in biomass since 1991.  At a special NAFO meeting held in Brussels on 15-17 February, NAFO votes to cancel the 6,000-tonne 3NO cod quota that it had approved in September 1993, agrees to impose a moratorium on fishing 3NO cod, and adopts Canada’s proposal to extend, until the end of the year, a pilot on-board observer program.

 

14–31 March 1994

The third session of the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, meets in New York City.

 

2 April 1994

DFO seizes the Kristina Logos (a trawler flying the Panamanian flag) for fishing in 3NO, an area placed under NAFO moratorium.

 

4 May 1994

New regulations come into force that require Canadian fishing vessels operating on the high seas or in the waters of another country to be licensed by Canada.

 

May 1994

Canada’s Minister of Foreign Affairs and the Minister of Fisheries and Oceans announce the introduction of new legislation giving the Government of Canada the authority to make regulations for the conservation of straddling fish stocks on the high seas.  Bill C-29, An Act to amend the Coastal Fisheries Protection Act, provides for the arrest of vessels that have no international registration or that fly flags of convenience and that refuse to comply with conservation measures in the NAFO Regulatory Area.  Canada amends its acceptance of the compulsory jurisdiction of the ICJ in The Hague.  Bill C-29 receives Royal Assent on 12 May, and goes into effect on 31 May 1994.  Stateless and flag-of-convenience vessels reportedly leave the Grand Banks.

 

20 May 1994

Canada is the first country to become party to the FAO International Agreement to Promote Compliance with International Conservation and Management Measures for Fishing Vessels on the High Seas of 24 November 1993.

 

June 1994

The Minister of Fisheries and Oceans indicates that Canada will be requesting that NAFO regulate the turbot fishery by setting a Total Allowable Catch.  In its review of the state of turbot, the NAFO Scientific Council and Canada’s Fisheries Resource Conservation Council warn that fishing effort in offshore areas is in excess of what the stocks can sustain.  Canada responds by reducing its domestic quota off Baffin Island by more than half, and ends a fishery development program off the coast of Labrador.  Quotas are further reduced on 20 July.

 

26 July 1994

Two U.S. vessels are seized by Canadian fisheries officers for having fished Icelandic scallops without licences on the Nose of the Grand Bank outside the 200-mile limit.  Later that year, in November, the Minister of Fisheries and Oceans announces that the United States has recognized Canada’s jurisdiction over Icelandic scallops on the continental shelf outside 200 miles.  Following a review of the scientific evidence, the United States concludes that the scallops are a sedentary species as defined in international law.  The proceedings against the two American captains are stayed.

 

15–26 August 1994

The fourth session of the United Nations Conference on Straddling Fish Stocks and Highly Migratory Species is held in New York City.  Canada urges the adoption of a binding convention that would allow regional fisheries organizations (such as NAFO) to set total catches, create mechanisms to settle disputes, and enforce the rules concerning straddling and migratory stocks.  On 23 August, a 31-page draft convention is circulated among delegates.  The Conference ends with a draft treaty that would regulate fishing on the high seas, and an agreement to continue negotiations into 1995 to make it legally binding.

 

30 August 1994

The Prime Minister announces the appointment of Paul Lapointe as Ambassador for Fisheries Conservation.

 

September 1994

At its annual meeting, NAFO agrees for the first time to establish a Total Allowable Catch (TAC) for turbot of 27,000 tonnes – a significant reduction from annual catches of more than 60,000 tonnes in previous years.  The TAC is set to try to halt the decline and allow the stock to rebuild, and includes all catches in NAFO Sub-areas 2 and 3.

 

26 November 1994

The 1982 United Nations LOS Convention comes into force one year after its 60^th ratification.

 

9 January 1995

Canada and Norway reach an agreement on reciprocal fisheries enforcement outside each country’s 200-mile fishing zone.  The enforcement authorities of each country are allowed to board, inspect and seize vessels of the other country fishing illegally in international waters outside each other’s 200-mile zones.  (Similar reciprocal enforcement agreements had already been signed with Estonia, Latvia and Lithuania.)

 

30 January–1 February 1995

At a special meeting of the NAFO Fisheries Commission, the EU claims 75% of the TAC for turbot, but receives an allocation of only 12.59% (3,400 tonnes), while Canada receives 60.37% of the allowable catch (16,300 tonnes – an amount reflecting its traditional share of the stock).  NAFO allocates 3,200 tonnes to Russia (11.85% of the TAC), 2,600 tonnes to Japan (9.63%), and 1,500 tonnes (5.56%) for other members combined.  The EU votes against the decision.

 

5 February 1995

Canada’s Minister of Fisheries and Oceans informs the EU Fisheries Commissioner that Canada is prepared to consider transitional measures to allow the EU to adjust to the 1995 quota, provided that the EU does not invoke the NAFO objection procedure.

 

15 February 1995

Canada’s Fisheries Minister announces that Canada would use any means necessary to prevent the destruction of turbot in NAFO Sub-areas 2 and 3.

 

1 March 1995

After having objected to its assigned turbot quota, the EU sets an autonomous catch limit – 69% of the TAC, or six times more fish than allotted to the EU by NAFO.

 

3 March 1995

Canada’s Minister of Fisheries and Oceans announces that the Coastal Fisheries Protection Regulations have been amended, making it an offence for Spanish and Portuguese vessels to fish for turbot on the Grand Banks.  Until then, the regulations had applied only to flag-of-convenience vessels and stateless vessels.  Canada’s Prime Minister also proposes to the EU President that a 60-day moratorium be imposed on fishing turbot in NAFO waters.  The proposal is rejected by the European Council of Ministers on 6 March.

 

9 March 1995

Canada’s Minister of Fisheries and Oceans announces that Canada is enforcing a 60-day moratorium on fishing turbot inside and outside the 200-mile limit.  In what has become known as “the turbot war,” Canadian fishery officers and an RCMP emergency response team seize and arrest a Spanish fishing vessel, the Estai, outside Canada’s 200-mile limit.  An inspection of the Estai by Canadian fishery officials reveals that:  79% of the turbot aboard are less than 38 cm in length; and 6% of the catch is less than 17 cm in length (mature turbot are 60-70 cm in length).  The vessel’s log books show the misreporting of catches, and 25 tonnes of American plaice, a species under a NAFO fishing moratorium, are discovered behind secret bulkheads.  On 10 March, the media report that Spain has dispatched a navy ship to the NAFO Regulatory Area.

 

12 March 1995

The captain of the Estai is charged with illegally fishing turbot, obstructing a fishery officer, destroying fishing gear, and failing to stop when ordered to do so; he is released on an $8,000 bond.  The hearing of the charges against the captain is set for 20 April in St. John’s (the charges were later dropped).  Soon after the Estai’s arrest, the remaining Spanish and Portuguese trawlers reportedly withdraw beyond the turbot grounds on the Grand Banks.  The Estai’s nets (which were cut loose prior to its seizure) are retrieved and show that undersized fish were caught with illegal gear.

 

16 March 1995

Bilateral discussions between Canada and the EU over turbot begin in Brussels.  The morning after, the Estai and the vessel’s 24-man crew leave St. John’s harbour after posting a $500,000 bond.

 

26 March 1995

The warps of the Spanish vessel Pescamaro Uno are cut by the Canadian Coast Guard vessel Sir Wilfred Grenfell.

 

27 March–12 April 1995

At the fifth session of the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks in New York City, Canada’s Minister of Fisheries and Oceans delivers a speech stressing the need for effective enforcement on the high seas.  The nets from the Estai are displayed.

 

28 March 1995

Following the boarding of the Estai (on 9 March 1995), Spain files an Application to the ICJ in The Hague instituting proceedings against Canada.  Spain claims Canada has no legal right to arrest the Estai in international waters.

 

15 April 1995

The Canada-EU Control and Enforcement Agreement settles the dispute between the EU and Canada over turbot in NAFO Sub-areas 2 and 3.

 

20 April 1995

The Canada-EU Control and Enforcement Agreement is formally signed by the EU and Canada.  Both parties agree to immediately implement 100% observer coverage.  Other aspects of the Agreement include:  independent, full-time observers on board all vessels at all times; enhanced surveillance via satellite tracking; dockside inspections of all vessels at each port of call; special powers to order a vessel to port for a thorough inspection; authority to seal fish holds and preserve evidence of apparent infringements; the requirement that observers report, within 24 hours, any infringements of conservation and enforcement measures to NAFO inspection vessels and to the Organization’s Executive Secretary; the requirement that observers provide their reports at the end of each voyage to the Executive Secretary; the sharing of information on the location and identity of vessels; the option of having Canadian officials present during the inspection of an EU vessel ordered to port by an EU inspector; and the sharing of information by all Contracting Parties regarding follow-up action where a vessel has been cited for an infringement.  Canada and the EU agree to propose jointly to NAFO that the measures specified in the Control and Enforcement Agreement be adopted by NAFO Contracting Parties.  Canada repeals the provisions of its federal regulations made pursuant to the Coastal Fisheries Protection Act.

 

21 April 1995

Canada informs the ICJ that, in its view, the Court lacks jurisdiction to deal with the case brought to it by Spain because of a reservation Canada made in its 10 May 1994 declaration.  In this declaration, Canada stated that the Court had compulsory jurisdiction over all disputes other than disputes arising out of or concerning conservation and management measures taken by Canada with respect to vessels fishing in the NAFO Regulatory Area and the enforcement of such measures.

 

June 1995

On 9 June, the Fisheries Commission of NAFO ends three days of closed-door discussions on the conservation and enforcement measures in the Canada-EU Control and Enforcement Agreement of April.  On 12 June, the Tourist Office of Spain announces that the visa requirement that had been imposed on 1 April for Canadians visiting that country would be lifted on 14 June.  That day, a Spanish trawler becomes the first known violator of the Canada-EU Control and Enforcement Agreement when a boarding party from the Canadian destroyer Nipigon finds 11 tonnes of turbot over and above the amount recorded in the vessel’s fishing log, which is subsequently confirmed by an EU inspector.

 

24 July–4 August 1995

The final session of the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks approves a new UN instrument – the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (generally known as the United Nations Fish Stocks Agreement, or UNFA).  Conservation measures established by regional fisheries management organizations (RFMOs) or arrangements are to be binding on all parties.  UNFA provides:  the means for members of RFMOs, such as NAFO, to take enforcement actions against vessels on the high seas when the flag state is unable to do so; for the compatibility of conservation measures both inside and outside 200-mile limits (including a provision to ensure that measures outside 200 miles do not undermine those inside); and compulsory and binding settlement of disputes concerning high seas fisheries.  Countries become legally bound by UNFA following 30 ratifications.

 

September 1995

At its 1995 annual meeting, NAFO adopts, on 15 September, new fisheries control measures based on the April 1995 Canada-EU Agreement.  Beginning on 1 January 1996, all vessels belonging to NAFO Contracting Parties fishing on the Nose and Tail of the Grand Banks are to have an independent observer on board at all times.  Canada’s Minister of Fisheries and Oceans announces that NAFO has adopted “the toughest set of control and enforcement measures of any fisheries management organization in the world.”

 

3 November 1995

U.S. President Bill Clinton signs into law legislation that, among other things, authorizes that country to join NAFO.  U.S. officials subsequently deposit the necessary documents for joining the Organization on 29 November.

4 December 1995

The sixth session of the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks is convened in New York City for the opening for signature of UNFA.

31 May 1996

The Government of Canada announces the opening of Canadian ports to EU fishing vessels.

31 January 1997

Canada’s Oceans Act comes into force; jurisdiction over ocean areas is recognized through the declaration of an Exclusive Economic Zone (EEZ) and a Contiguous Zone (CZ).

4 December 1998

The ICJ decides not to hear Spain’s claim against Canada, declaring it has no jurisdiction in the matter (see 28 March 1995).

 

3 August 1999

Canada ratifies the 1995 UNFA.

 

11 December 2001

UNFA enters into force (one month following ratification by the 30^th state on 11 November 2001).

 

29 January–1 February 2002

At a special meeting of NAFO held in Helsingor, Denmark, Canada presents information showing an increasing trend in non-compliance by vessels of some countries belonging to NAFO.  Canada proposes measures to address the problems of excessive by-catches of species under moratoria, misreporting, and exceeding quotas.  NAFO increases the TAC for turbot, from 40,000 to 44,000 tonnes, an amount above the catch level recommended by science.  NAFO agrees to establish a process to review and assess compliance performance by NAFO members on an annual basis.

 

14 March 2002

During a port inspection in Long Pond, Newfoundland and Labrador, Canadian fishery officers find on board a Russian-registered vessel (the Olga) that fishes for shrimp and groundfish, 48 tonnes of cod, 9 tonnes of skate and other species caught on the southern Grand Banks.

 

21 March 2002

In response to persistent violations in the NAFO Regulatory Area beyond Canada’s 200-mile limit, Canada announces the closure of its ports to Faeroese shrimp vessels.

 

9 April 2002

Evidence that Estonian shrimp boats are violating NAFO conservation measures for shrimp leads Canada to close its ports to that country’s fishing fleet.

 

May 2002

At meetings of the North Atlantic Fisheries Ministers Conference (NAFMC) in Russia, the Minister of Fisheries and Oceans raises Canada’s concerns about conservation and the increasing trend towards non-compliance in the NAFO Regulatory Area.

 

11 June 2002

In a report entitled Foreign Overfishing: Its Impacts and Solutions, Conservation on the Nose and Tail of the Grand Banks and the Flemish Cap, the House of Commons Committee on Fisheries and Oceans recommends that Canada withdraw from NAFO and establish custodial management of fisheries on the Nose and Tail of the Grand Banks and the Flemish Cap.  Also recommended is the use of UNFA and the Coastal Fisheries Protection Act to address non-compliance in the NAFO Regulatory Area.

 

August 2002

A Custodial Management Coalition is formed in Newfoundland and Labrador.

 

September 2002

The annual meeting of NAFO held in Santiago de Compostela, Spain, ends with the adoption of measures designed to improve the effectiveness of NAFO.  With the exception of turbot, quotas in the Regulatory Area are based on advice from the NAFO Scientific Council.  NAFO’s Standing Committee on International Control (STACTIC) is also asked to measure compliance in the NAFO Regulatory Area.  The TAC for turbot is set at 42,000 tonnes for 2003, above the 36,000-tonne catch level recommended by the Scientific Council.

 

27 September 2002

The Minister of Fisheries and Oceans announces that Canada will close its ports to foreign fishing vessels it believes are committing serious violations of the conservation and enforcement measures set by NAFO.

 

13 December 2002

The Minister of Fisheries and Oceans announces that Canada is reopening its ports to the Estonian fishing fleet, lifting a ban it had imposed in April.

 

20 February 2003

A Roundtable Forum on Improving the Management of Straddling Fish Stocks is held at the Marine Institute, Memorial University, St John’s, Newfoundland and Labrador.

 

17 March 2003

A report by a Newfoundland and Labrador All-Party Committee on the 2J3KL and 3Pn4RS cod fisheries calls for a Canadian-based fisheries management regime to be adopted beyond 200 miles to protect the straddling fish stocks on the Nose and Tail of the Grand Banks.

 

25 March 2003

The House of Commons Standing Committee on Fisheries and Oceans releases a report on Custodial Management Outside Canada’s 200-Mile Limit that reiterates recommendations made earlier in June 2002.

 

SOURCES

·       UN, Oceans and the Law of the Sea, http://www.un.org/Depts/los/index.htm

·       CBC (St. John’s), A Partial Chronology of the 200-Mile Limit Question, http://www.stjohns.cbc.ca/fisheries/chrono.jsp

·       Claude Emery, Overfishing Outside the 200-Mile Limit:  Atlantic Coast, Current Issue Review 90‑6E, Parliamentary Research Branch, Library of Parliament, 17 September 1996

·       International Institute for Sustainable Development, “UN Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks:  Year-End Update,” Earth Negotiations Bulletin, Vol. 7, No. 55, 18 December 1995, http://www.iisd.ca

·       Rhodes University, Chapter 2:  Historical Development of International Fisheries Law, http://streamer.rug.ac.be/cdlaw/chap2/index.htm

·       Memorial University of Newfoundland, Management of Northern Cod Fishery:  Chronology – Key Events and Publications, http://www.mun.ca/library/cns/cod/coda/chrono

·       DFO, News Releases and Backgrounders (various years), http://www.ncr.dfo.ca

·       NAFO, Annual Reports (various years), http://www.nafo.ca/

---

APPENDIX 4

Witnesses