This section deals with the need for cooperation between coastal States and States fishing on the high seas either bilaterally, multilaterally or through subregional or regional organizations and arrangements.
A delegate stated that the problem is that the mandate of this Conference is to review how cooperation has been carried out in practice, but it is unclear how this has been done. It was argued that the key paragraph is paragraph 7 on cooperation, but there was no resolution on the question of whether its application would be on the high seas or in the EEZs. Reference to States acting in good faith was seen by some as superfluous, while others argued for its retention. A delegate said that this paragraph should include a provision on the special interests of coastal States.
In paragraph 12, on regional fisheries management organization or arrangement, it was felt that reference should be made to those States that do not cooperate and to the extent of any cooperation, as opposed to simple participation in the regional fishing agreements.
On paragraph 13, on the new members entitlements and benefits when acceding to a regional fisheries management organization or arrangement, one delegate stated that incentives might need to be given to ensure that new entrants join the regional agreements, and this might be to the detriment of those that already belong to the regional organizations. Some of the provisions proposed in the document L.11/Rev.1 were suggested as being more acceptable alternative language. One delegate said that Section II on the Mechanisms for International Cooperation, is a good basis for negotiation, but more emphasis should be given to measures taken at the global level, and complimented Greenpeace in their initiatives.
It was suggested that paragraph 13(d), on the historical fishing patters of the non-party, needed some further reflection, and the reference to historical fishing patterns should be replaced by "the fishing practices of the non-party". Paragraph 13(e), on the special requirements of developing countries from the region or subregion, was seen by many as too vague, and appropriate alternative language was suggested.
With reference to paragraph 14, dealing with the absence of a subregional or regional fisheries management organization or arrangement, alternative stronger language was suggested that would place more obligation on States to enter into agreements or arrangements. This would then reflect the more assertive action that needs to be taken.
The debate moved once more to the scope of application of the Conference, and one delegate suggested that the issue be addressed head-on and that a specific paragraph be devoted to the matter. The representative of a coastal State said that distant water fishing States wanted to delete references to the high seas because their own coastal waters are not under threat, but that they would feel and react very differently if their own sovereign rights were threatened. A delegate reflected on the absence of uniform reference to the need for cooperative scientific research on the high seas and how, while scientific knowledge was desirable, it was often not attainable by developing coastal States because of heavy financial costs. He reserved the right to submit, under this section, a specific paragraph on this matter in a future session.
Referring to paragraph 15, dealing with the establishment of regional or subregional fisheries management organizations or arrangements, one distant water fishing State suggested sub-paragraphs (a) and (b) could perhaps be combined or, alternatively, (b) separated out from close proximity to (a). One delegate suggested that the title of Section II might be better called "Principles for International Cooperation".
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