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FAO FISHERIES TECHNICAL PAPER 223




Fisheries regulations under extended jurisdiction and international law


Table of contents


by
William T. Burke
Professor of Law
University of Washington
Seattle, Washington 98195
USA

PREPARATION OF THIS PAPER

This document has been prepared as part of FAO's Regular Programme activities, aimed at assisting fishery administrators and other persons responsible for the management of fisheries. It is the first in a series of technical papers relating to the PRACTICES OF FISHERIES MANAGEMENT.

Reprinted 1992

The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Food and Agriculture Organization of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.

M-40

ISBN 92-5-101231-8

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FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS Rome, 1992
© FAO



Distribution:

FAO Fisheries Department
FAO Regional Fisheries Officers
Directors of Fisheries
Selector SM
Author
For bibliographic purposes this document should be cited as follows:
Burke, W.T., 1982 Fisheries regulations under extended jurisdiction and international law.
FAO Fish.Tech.Pap., (223):23 p.
ABSTRACT
This paper discusses two of the problems associated with the changes taking place in the international law of the sea. The first of these deals with the transit of fishing vessels through zones of national jurisdiction beyond the territorial sea. Transitting fishing vessels have an interest in expeditious transit and the coastal States have an interest in ensuring that the vessel is not fishing within its zone during transit passage. This conflict in interest is examined and various alternatives for resolving the conflict are appraised in terms of the international law of the sea. The second problem is that of the regulation of fishing for highly migratory species in high seas enclaves beyond national jurisdiction. The interests of fishing and coastal States are examined in the light of developments in customary and conventional international law. Although the problems discussed are of primary interest to the South Pacific States, they are also relevant to other regions of the world.

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CONTENTS

I.INTRODUCTION
II.TRANSIT OF FISHING VESSELS THROUGH ZONES OF NATIONAL JURISDICTION BEYOND THE TERRITORIAL SEA
 A.Conflicting interests at stake
 B.Alternatives for protecting coastal interests
 C.Applicable international law
 D.Appraisal of alternatives in terms of the international law of the sea
  (1)Apply territorial sea law to passing fishing vessels
  (2)Prohibition of entry by unlicensed fishing vessels
  (3)Required sealanes
  (4)Reporting of entry into zone
  (5)Stowage of fishing gear during passage
  (6)Require transitting FVS to carry transponders to facilitate location and identification
  (7)Measures employed pursuant to international agreement
 E.Concluding remarks
III.REGULATION OF FISHING FOR HIGHLY MIGRATORY SPECIES (HMS) IN HIGH SEAS ENCLAVES BEYOND NATIONAL JURISDICTION
 A.Customary international law of fisheries
 B.High seas enclaves and the draft Convention on the Law of the Sea
 C.Concluding remarks
IV.BIBLIOGRAPHY