On August 27, apparently convinced by Australia and New Zealand's insistence
on the need for a precautionary approach, the ITLOS jurists in effect ordered
that as a preliminary measure, pending a more detailed presentation of the
facts, Japan should not proceed with its research without the concurrence of its
CCSBT partners.
Thus, a scientific activity needed to improve stock assessments for southern
bluefin tuna was frustrated by the precautionary principle.
Incidentally, CITES is one of the very few venues that has elevated the
precautionary approach into a principle. It is not expressed as a
"principle" in UNCED's Agenda 21, nor in the Convention on Biological
Diversity, nor in the UN Straddling Stocks agreement, and it is certainly not
codified as a "principle" in the Law of the Sea Convention. It is well
to be cautious when dealing with the Earth's natural resources, but we must be
on guard against those who would use "the precautionary principle" as
a tool to obstruct science or to deny sustainable use.
In closing, I would like to bring up one more issue and an appeal for action.
The issue is the need to ban unregulated fishing vessels from the fisheries of
the high seas. As most of you know, sound conservation and management of the
ocean's fisheries resources is highly dependent upon accurate catch data,
agreement to and enforcement of needed conservation measures, and cooperation
among the nations that use a fisheries resource. Both the UN Law of the Sea
Convention and the UN Convention on Straddling Stocks and Highly Migratory Fish
Stocks call for nations fishing in regions of the high seas to cooperate in
developing international organizations to conserve and manage the fish resources
in each region.
The establishment of international organizations for the conservation and
management of the fishery resources is an ongoing process. However, some
countries and fishermen do not want to be bound by rules and regulations. They
want to operate, in effect, outside of the law, where their catches can be
unregulated and go unreported. Fishing vessels that change their registration to
countries that are not members of conservation and management organizations are
called "Flag of Convenience" vessels, or FOC for short.
FOC vessels do a great deal of harm to the world's fishery resources because
they plunder the fish stocks, refuse to adopt measures that would alleviate the
damage done to the ocean ecology through the use of improper fishing gear, and
conceal catch data needed for proper stock assessment. It is long past time to
put a stop to such practices.
As a first step, every country represented here should publicly condemn FOC
fishing and call on its legislators to enact legislation that would: (1) require
all of its fishermen to abide by international regulations for the conservation
and management of marine fishery resources; (2) deny access to its ports and
markets to fish products from FOC countries; and (3) provide for the
establishment of, and/or participation in, regional fish conservation and
management organizations.