6th meeting of the United Nations Open-ended Informal Consultative 
Process on Oceans and the Law of the Sea  -  Issue #2 

EARTH NEGOTIATIONS BULLETIN <[EMAIL PROTECTED]>
PUBLISHED BY THE INTERNATIONAL INSTITUTE FOR 
SUSTAINABLE DEVELOPMENT (IISD) <http://www.iisd.org>

Written and edited by:

Alice Bisiaux
Robynne Boyd 
Elisa Morgera 
Cecilia Vaverka 

Editor:

Pamela S. Chasek, Ph.D. <[EMAIL PROTECTED]> 

Director of IISD Reporting Services:

Langston James "Kimo" Goree VI <[EMAIL PROTECTED]>


Vol. 25 No. 14
Tuesday, 7 June 2005

Online at http://www.iisd.ca/oceans/icp6/ 

UNICPOLOS-6 HIGHLIGHTS:

MONDAY, 6 JUNE 2005

The sixth meeting of the UN Informal Consultative Process on 
Oceans and the Law of the Sea (UNICPOLOS-6 or Consultative 
Process) opened on Monday, 6 June 2005, at UN headquarters in 
New York. Delegates convened in a Plenary session in the morning 
and afternoon, addressing organizational matters and exchanging 
views on areas of concern and actions needed. In the afternoon, 
a Discussion Panel on fisheries and their contribution to 
sustainable development was held. 

PLENARY 

OPENING: Co-chair Philip Burgess (Australia) opened the meeting, 
noting the two discussion panel issues relate to the Millennium 
Development Goals (MDGs). Underlining that this meeting is the 
last of the three year period for which the Consultative Process 
has been extended, he raised a number of questions on its future.

Co-chair Cristi�n Maquieira (Chile) stated that the issue of 
fisheries has taken an increasingly important role because of 
their impact on sustainable development.

MEXICO proposed to amend the agenda to indicate that the 
Consultative Process will suggest "issues" rather than 
"recommendations" to the General Assembly. Delegates adopted the 
agenda (A/AC.259/L.6) with the proposed amendment.

EXCHANGE OF VIEWS ON AREAS OF CONCERN AND ACTIONS NEEDED: ICELAND 
prioritized full implementation of existing global instruments and 
called for local and regional solutions to oceans resources 
management, rather than additional global instruments. He proposed 
strengthening regional fisheries management organizations (RFMOs), 
adding that each should decide on the modalities of its own 
performance assessment. He highlighted the importance of 
sustainable fisheries capacity building in Iceland's development 
aid policy, and reiterated his support to the GMA.

CANADA emphasized: integration of fisheries into the new oceans 
agenda; institutional coordination inside and outside the UN 
system; capacity building needs of developing countries; and 
coherence with other fora, such as the Convention on Biological 
Diversity Working Group on Protected Areas. On the future of 
UNICPOLOS, she called for its continuation and a better reflection 
of its discussions in the report to the General Assembly.

The US noted the challenge of moving from negotiation to 
implementation and said key areas need to be addressed, including: 
an ecosystem approach to conservation and management of marine 
resources; control of illegal, unreported and unregulated (IUU) 
fishing; overfishing and excess fishing capacity; lack of capacity 
of developing States to monitor and control fishing vessels; and 
the development of sustainable marine aquaculture.

NEW ZEALAND said the Consultative Process should be continued, and 
the nature of its mandate safeguarded. On high seas biodiversity, 
she called on States to cooperate to give effect to the General 
Assembly's call for interim targeted bans on destructive fishing 
practices in vulnerable areas, and indicated that her country will 
promote the combat of IUU fishing.

AUSTRALIA noted that the high seas are the last great commons, and 
stressed that unless all States cooperate in their management, 
they will become "deserts." She stressed the urgent need for 
implementation of the UN Fish Stocks Agreement (FSA) and said 
derelict fishing gear heavily impacts marine resources, noting the 
problem remains unresolved at the regional or international levels. 

CHINA emphasized the role played by small-scale fisheries and 
aquaculture for food security and poverty alleviation in 
developing countries, and called for increased compliance with 
existing provisions dealing with marine debris in international 
instruments. The REPUBLIC OF KOREA outlined national legal 
instruments on sustainable fisheries, including a Special Act on 
Reducing Small-Sized Bottom Trawlers and a vessel buyback 
programme to reduce the domestic fleet. 

To enhance management within the fishing industry, VENEZUELA noted 
that it will launch a registry of fisheries-related data and 
activities. MEXICO recalled the need to account for the Millennium 
Declaration, the Monterey Consensus, and the JPOI when discussing 
marine debris. Underlining the importance to maintain maritime 
security, INDONESIA mentioned a joint initiative with the IMO and 
the Global Environment Facility on a Marine Electronic Highway to 
increase the safety of navigation in the Area. NAMIBIA called for 
the abolition of subsidies to the fishing industry as well as 
protective trade measures.

NORWAY underscored the importance of implementing the existing 
legal framework for responsible fisheries. Noting that excess 
capacity is the major cause of overexploitation, he called for the 
reduction of fishing fleets. He said a food security approach 
should be taken for future fisheries management and called on 
States that have not yet done so to become members to the FSA.

Noting the role of fisheries in food security, CHILE said urgent 
steps need to be taken to regulate high seas fisheries. He listed 
areas of concerns, including: IUU fishing; port States' compliance 
with their conservation obligations; the definition of the genuine 
link between flag States and vessels; and fishing subsidies. PERU 
highlighted the links between fisheries and poverty reduction, 
food security, and economic development, calling for new financial 
resources and greater international cooperation in developing 
relevant human and institutional resources. 

The INTERNATIONAL LABOUR ORGANIZATION called attention to recent 
developments in the protection of living and working conditions at 
sea, and welcomed suggestions on how UNICPOLOS can help enhance 
the ratification and implementation of international maritime 
labor standards. The INTERNATIONAL MARITIME ORGANIZATION (IMO) 
noted the globalization of shipping services, and reported on the 
IMO Voluntary Member State Audit Scheme aimed to promote flag 
States' accountability. The UNESCO INTERNATIONAL OCEANOGRAPHIC 
COMMISSION (IOC) highlighted its work on: the tsunami early 
warning system in the Indian Ocean; scientific aspects of using 
indicators for an ecosystem approach to fisheries management; and 
the IOC Criteria and Guidelines on the Transfer of Marine 
Technology. The EUROPEAN COMMISSION stressed the need to implement 
the existing legal regime for the sustainable management of 
fisheries and outlined reforms undertaken within the EU on this 
issue. He called for the creation of additional RFMOs, and 
underlined fisheries' role in poverty reduction and achieving 
the MDGs.

The WORLD CONSERVATION UNION (IUCN) outlined her organization's 
work on high seas governance, and listed challenges to sustainable 
fisheries, including high seas bottom trawling, and the lack of 
measures to control shark fishing and of scientific information. 
THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF ATLANTIC 
TUNAS indicated that his organization's measures to combat IUU 
fishing have shown encouraging results. 

The SEA TURTLE RESTORATION PROJECT called for a temporary 
moratorium on longline fishing in the Pacific. CONSERVATION 
INTERNATIONAL, on behalf of the Deep Sea Conservation Coalition, 
outlined steps towards restoring fisheries to sustainable levels: 
controlling unregulated deep sea fishing to protect biodiversity; 
adopting conservation and management measures, as well as an 
interim prohibition of high seas bottom trawling. On behalf of a 
tripartite coalition, SIERRA CLUB called for the application of 
the precautionary principle to reduce activities that create 
intense submarine noise until effective guidelines on marine noise 
pollution are developed. 

The INTERNATIONAL TRANSPORT WORKERS FEDERATION highlighted 
circumstances that contribute to IUU fishing, including human 
rights violations in the fishing industry. Underscoring the need 
to ensure flag States' compliance with international regulations, 
GREENPEACE, on behalf of a group of NGOs, stressed the importance 
of considering the social dimension of sustainable fisheries, such 
as the respect for human rights in the fisheries sector.

DISCUSSION PANEL ON FISHERIES AND THEIR CONTRIBUTION TO 
SUSTAINABLE DEVELOPMENT 

David Balton, Deputy Assistant Secretary for Oceans, International 
Environmental and Scientific Affairs, US Department of State, 
presented a report on the outcome of the fourth round of informal 
consultations of States parties to the FSA, noting that 52 States 
are currently parties to the agreement. He indicated that the 
consultations focused on preparing for a review conference 
tentatively scheduled to take place from 22-26 May 2006 at the UN 
Headquarters in New York. Balton underscored the importance of 
using this opportunity to review the conservation and management 
of straddling and highly migratory fish stocks and to strengthen 
the implementation of the FSA.

In ensuing discussions, the COALITION FOR FISHERIES ASSOCIATION 
enquired about possible reasons for the low participation to the 
FSA. Barton responded that a few provisions cause concern for some 
countries, but also stressed that a number of States are working 
towards ratification.

Lori Ridgeway, Director-General, International Coordination and 
Policy Analysis, Fisheries and Oceans, Canada, reported on the 
Conference on the Governance of High Seas Fisheries and the FSA, 
Moving from Words to Action, and its outcomes, namely a 
ministerial declaration and chairs' reports of presentations and 
workshops. Ridgeway said the conference highlighted, the need to 
modernize RFMOs and their decision-making process to: include 
ecosystem considerations; enhance their transparency; and use best 
available scientific information. The conference also underscored: 
the need to urgently complete trade negotiations on fisheries 
subsidies; the possibility of negotiating a legal instrument on 
port State obligations; and the possibility for the General 
Assembly to decide the appropriate forum to elaborate on the legal 
definition of the genuine link between flag States and vessels.

Serge Garcia, Director of Fisheries Resources Division, Food and 
Agricultural Organization, provided an overview of the 2004 Report 
on the State of Marine Fisheries, noting that conclusions will be 
different when fisheries are considered as a whole. He listed 
statistics on the value of the world's fish trade, and global 
fleet size, and highlighted capture-based aquaculture as one of 
the major new issues affecting fisheries. He furthered that the 
majority of stocks are overfished and overexploited, pointing to 
tuna stocks as the primary example. Among actions required to 
mitigate fish stock decline, he highlighted a stronger commitment 
towards an ecologically sustainable future, as well as more 
responsible governance and industry. He noted that in order to be 
effective an ecosystem approach must be applied to all sectors. 

In ensuing discussions, participants focused on: the definition of 
fully exploited stocks; statistics on straddling high sea stocks; 
gaps in data; fish stocks recovery; and emerging issues of ethics.

IN THE CORRIDORS

As exchange of views on the two areas of focus of UNICPOLOS-6 
commenced, participants anticipated that fisheries will have the 
lion's share in the upcoming discussions. Some noted the link 
between fisheries and other related, ongoing processes, such as 
the meeting of the CBD working group focusing on high seas marine 
protected areas, lamenting its overlap with next week's second GMA 
international workshop. Others pointed out that the discussion 
panel on fisheries allows for a transition from UNICPOLOS-5's 
focus on new sustainable uses of the oceans to some of the 
emerging challenges in relation, this time, to more traditional 
uses. Indeed, some participants reiterated calls for action on the 
need for a genuine link between flag States and vessels, bottom 
trawling, and high seas biodiversity. With presentations on the 
alarming state of fisheries worldwide adding to the feeling of 
d�j� vu, NGO representatives hoped that delegates would not miss 
this opportunity to turn words into action.




This issue of the Earth Negotiations Bulletin � <[EMAIL PROTECTED]> is 
written and edited by Alice Bisiaux, Robynne Boyd, Elisa Morgera, 
and Cecilia Vaverka. The Digital Editor is Dan Birchall. The 
Editor is Pamela S. Chasek, Ph.D. <[EMAIL PROTECTED]> and the Director 
of IISD Reporting Services is Langston James "Kimo" Goree VI 
<[EMAIL PROTECTED]>. The Sustaining Donors of the Bulletin are the 
Government of the United States of America (through the Department 
of State Bureau of Oceans and International Environmental and 
Scientific Affairs), the Government of Canada (through CIDA), the 
Swiss Agency for Environment, Forests and Landscape (SAEFL), the 
United Kingdom (through the Department for International 
Development - DFID), the Danish Ministry of Foreign Affairs, the 
Government of Germany (through the German Federal Ministry of 
Environment - BMU, and the German Federal Ministry of Development 
Cooperation - BMZ), the Netherlands Ministry of Foreign Affairs, 
the European Commission (DG-ENV), and the Italian Ministry of 
Environment. General Support for the Bulletin during 2005 is 
provided by the United Nations Environment Programme (UNEP), the 
Government of Australia, the Austrian Federal Ministry of 
Agriculture, Forestry, Environment and Water Management, the 
Ministry of Sustainable Development and the Ministry of Foreign 
Affairs of Sweden, the Ministry of Environment and the Ministry of 
Foreign Affairs of Norway, the Ministry of Environment and the 
Ministry of Foreign Affairs of Finland, SWAN International, the 
Japanese Ministry of Environment (through the Institute for Global 
Environmental Strategies - IGES), and the Japanese Ministry of 
Economy, Trade and Industry (through the Global Industrial and 
Social Progress Research Institute - GISPRI). Specific funding for 
coverage of this meeting has been provided by the New Zealand 
Ministry of Foreign Affairs and Trade. Funding for translation of 
the Earth Negotiations Bulletin into French has been provided by 
the International Organization of the Francophonie (IOF) and the 
French Ministry of Foreign Affairs. Funding for the translation of 
the Earth Negotiations Bulletin into Spanish has been provided by 
the Ministry of Environment of Spain. The opinions expressed in 
the Earth Negotiations Bulletin are those of the authors and do 
not necessarily reflect the views of IISD or other donors. 
Excerpts from the Earth Negotiations Bulletin may be used in 
non-commercial publications with appropriate academic citation. 
For information on the Bulletin, including requests to provide 
reporting services, contact the Director of IISD Reporting 
Services at <[EMAIL PROTECTED]>, +1-646-536-7556 or 212 East 47th St. 
#21F, New York, NY 10017, USA. The ENB Team at ICP-6 can be 
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