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VII. NON-PARTIES TO A SUBREGIONAL OR REGIONAL AGREEMENT OR ARRANGEMENT

The discussion on this section addressed how to deal with vessels fishing in an area where a regional conservation and management regime for a particular high seas stock, established in accordance with the provisions of the Law of the Sea Convention, applies and the flag State of the vessel does not cooperate with other States in the regional arrangement. Canada said that States who do not belong to a regional organization may choose not to fish in the area. If they do, both Canada and the EC agreed that they still have obligations not to undermine the effectiveness of regional organizations or arrangements.

The Russian Federation said that this Conference must develop mechanisms that would make it possible to impose obligations on States starting to develop fishing industries to cooperate with existing organizations. The EC raised four points: international fishing organizations should be open to all States interested in exploiting stocks; non-member States should be invited to join regional organizations; even if they do not join regional organizations, States are not discharged from the obligation to conserve such stocks; and if a State does not want to join, the EC is not certain that sanctions should be applied. Peru agreed with the EC that it is premature at this stage to talk about sanctions on non-contracting parties, but that it is necessary to have a mechanism that would be respected by non-parties.