IWC’s mandate is confined to marine mammals rather than fish, however, it is not
regarded as an RFMO in this publication.
Even though the first RFMOs avant la lettre were already operating by the start of
the first United Nations Conference on the Law of the Sea (UNCLOS I), the 1958
High Seas Fishing Convention
5 did not accord regional fisheries bodies or comparable mechanisms a prominent role. Instead, the Convention relied above all on the
special interests of coastal States in “the maintenance of the productivity of the living
resources in any area of the high seas adjacent to [their] territorial sea”, as well as
compulsory arbitration.
6 The only implicit reference to fisheries bodies is included in
Article 6(2), which reads:
A coastal State is entitled to take part on an equal footing in any system of research and
regulation for purposes of conservation of the living resources of the high seas in that area,
even though its nationals do not carry on fishing there.
The phrase “any system of research and regulation” would have certainly comprised the then existing RFMOs, but was presumably also broad enough to encompass other regional and global bodies.
In comparison with the 1958 High Seas Fishing Convention, the provisions of the
UNCLOS
7 on transboundary fish stocks and high seas fishing give cooperation
through subregional and regional organizations a much more prominent role, despite
leaving States a considerable margin of discretion in deciding on the form and level
of such cooperation.
8 These features are to some extent also incorporated in the Fish
Stocks Agreement,
9 which is understandable given that it is an implementation
agreement of the UNCLOS. However, due to the Fish Stocks Agreement’s more
explicit and specific support for regional fisheries regulation through RFMO/As, it is
widely regarded as reflecting the international community’s recognition of RFMO/
As as the preeminent vehicles for regional fisheries regulation.
10
5 Convention on Fishing and Conservation of the Living Resources of the High Seas of 29 April
1958. In force 20 March 1966 (559 UNTS 285).
6 Arts 6(1) and 9. See, however, Resolution III ‘International fishery conservation conventions’ of
25 April 1958; and the International Law Commission (ILC)’s “Commentary to the articles
concerning the law of the sea” (Yearbook of the International Law Commission, 1956, vol. II)
286–288, containing its Commentary on Art. 49 (which eventually became Art. 1(1) of the 1958
High Seas Fishing Convention), in particular paras 4, 9 and 19, which refer to earlier proposals
involving international fisheries bodies. See Serdy (2015), pp. 11–13 for a fuller account.
7 United Nations Convention on the Law of the Sea, Montego Bay, 10 December 1982. In force
16 November 1994 (1833 UNTS 396).
8 Cf. Rayfuse (2015), p. 440. See Arts 63, 44, 66, 67 and 118.
9 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, New York, 4 August 1995. In force 11 December 2001
(2167 UNTS 3).
10 See Part III on ‘Mechanisms for International Cooperation Concerning Straddling Fish Stocks and
Highly Migratory Fish Stocks’, and in particular Arts 8–13 and 17.
5 Regional Fisheries Management Organizations
83
regarded as an RFMO in this publication.
Even though the first RFMOs avant la lettre were already operating by the start of
the first United Nations Conference on the Law of the Sea (UNCLOS I), the 1958
High Seas Fishing Convention
5 did not accord regional fisheries bodies or comparable mechanisms a prominent role. Instead, the Convention relied above all on the
special interests of coastal States in “the maintenance of the productivity of the living
resources in any area of the high seas adjacent to [their] territorial sea”, as well as
compulsory arbitration.
6 The only implicit reference to fisheries bodies is included in
Article 6(2), which reads:
A coastal State is entitled to take part on an equal footing in any system of research and
regulation for purposes of conservation of the living resources of the high seas in that area,
even though its nationals do not carry on fishing there.
The phrase “any system of research and regulation” would have certainly comprised the then existing RFMOs, but was presumably also broad enough to encompass other regional and global bodies.
In comparison with the 1958 High Seas Fishing Convention, the provisions of the
UNCLOS
7 on transboundary fish stocks and high seas fishing give cooperation
through subregional and regional organizations a much more prominent role, despite
leaving States a considerable margin of discretion in deciding on the form and level
of such cooperation.
8 These features are to some extent also incorporated in the Fish
Stocks Agreement,
9 which is understandable given that it is an implementation
agreement of the UNCLOS. However, due to the Fish Stocks Agreement’s more
explicit and specific support for regional fisheries regulation through RFMO/As, it is
widely regarded as reflecting the international community’s recognition of RFMO/
As as the preeminent vehicles for regional fisheries regulation.
10
5 Convention on Fishing and Conservation of the Living Resources of the High Seas of 29 April
1958. In force 20 March 1966 (559 UNTS 285).
6 Arts 6(1) and 9. See, however, Resolution III ‘International fishery conservation conventions’ of
25 April 1958; and the International Law Commission (ILC)’s “Commentary to the articles
concerning the law of the sea” (Yearbook of the International Law Commission, 1956, vol. II)
286–288, containing its Commentary on Art. 49 (which eventually became Art. 1(1) of the 1958
High Seas Fishing Convention), in particular paras 4, 9 and 19, which refer to earlier proposals
involving international fisheries bodies. See Serdy (2015), pp. 11–13 for a fuller account.
7 United Nations Convention on the Law of the Sea, Montego Bay, 10 December 1982. In force
16 November 1994 (1833 UNTS 396).
8 Cf. Rayfuse (2015), p. 440. See Arts 63, 44, 66, 67 and 118.
9 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, New York, 4 August 1995. In force 11 December 2001
(2167 UNTS 3).
10 See Part III on ‘Mechanisms for International Cooperation Concerning Straddling Fish Stocks and
Highly Migratory Fish Stocks’, and in particular Arts 8–13 and 17.
5 Regional Fisheries Management Organizations
83