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Conflicts in the sphere of fishery: classification and methods of permission


TINRO news

Volume 137

UDC 639.2

A.A. Kurmazov

(The Russian-Japanese Commission on settlement of the claims connected with fishery, Tokyo, Japan)


The conflicts in fishery arise, as a rule, as a result of excessive fishing efforts and deficiency of fishing resources. The greatest number of the conflicts have the international character when they take place between countries of origin of fishing stocks and the countries of forwarding trade. But they can arise also at the national level. The considered period — since the end of the 19th century so far. The conflicts which were taking place in a northern part of the Pacific Ocean however are mainly investigated examples and from Northern Atlantic and also the Convention AHTKOM area of coverage are given. The conflicts are resolved by political methods (international treaty) or economic (application of the foreign trade sanctions). Sometimes business reaches application of measures of power influence, including armed conflicts. Examples of various conflicts in the field of fishery and methods of their permission are shown.

Kurmazov A.A. Conflicts in fisheries: classification and methods of solution//Izv. TINRO. — 2004. — Vol. 137. — P. 409-416.

A fisheries conflict may be determined as & #34; not satisfied claims to fishery recourses of one subject of fisheries if they contradict to the interests of other subject of fisheries". The fisheries conflicts arise as a rule as a result of the overfishing and deficit of the fisheries recourses. The most number of conflicts are in the international fisheries, when they occur between countries of the fisheries recourses origin and countries of distant sea fisheries. However they may occur on the national level too.

The historical period from the end of XIX Century to the nowadays is examined. Mainly the conflicts in the north Pacific are considered, but another ones in the north Atlantic and ANTCOM Convention zone are adduced too. The conflicts between the USA and Canada concerning the sockeye salmon of Fraser River and the Bering Sea halibut are considered in detail. Before NPAFC establishment, conflict existed between interests of Japan and other countries of salmons origin (Canada, US and Russia). At that time the conflicts arose inside of Japan, too: between fishermen and government, and among the fishermen for the government subsidy to narrow salmon fishery, and other. The latent conflict in the Japan Sea concerning the common mackerel of the Tsushima Strait, and the other one on snow crab of the Yamato Rise are considered, as well. Besides, conflicts are able to occur between countries-participants of an international agreement on fisheries and countries not participating in the agreement.

The conflicts may be solved by political methods (as international agreement) of or economical methods (as trade sanctions). Sometimes enforcement may be applied, including armed conflict. An attempt has been done to classify the fishery conflicts and the methods of their solving.

The conflicts in the sphere of fishery happen, as a rule, because of the shortage of fishing resources. The states (applying for one stock, coastal and not coastal, participating in the international treaty can be participants of the conflict and is not present), in the state fishermen and fishing administrations or the governments (when the first are dissatisfied with the limiting solutions of the second), the fishermen and fishermen (competing for the same stock), etc. The conflicts in fishery arise if different subjects of fishery apply for one stock which volume is insufficient for satisfaction of inquiries of all subjects, and disappear if its participants manage to agree about mutual restrictions or about adoption of uniform rules of conduct. Sometimes they have long character and last decades. The conflict is first of all unsatisfied claims for water bioresources of one subject of fishery which are expressed in the actions which are in a conflict with the interests of other subject of fishery. The conflict can be solved, but unsatisfied claims at the same time remained. Then arises hidden, latent, the conflict, and it can be shown in the future again.

The international conflicts in fishery began to arise with the end of an era of freedom of fishing in the World Ocean, approximately in the first half of the 19th century when began to sign also the first international contracts on fishery, at first in Western Europe between England and France (1939) for restriction of freedom of fishing of the third countries in prol. English Channel (Bekya-shev, 1996). In the second half of the 20th century the sufficient negative experience in the field of development of sea bioresources was accumulated: under the influence of natural factors and as a result of excessive fishery some major stocks of hydrobionts in the most various regions of the World Ocean were undermined. Need of acceptance of the most immediate measures on regulation of fishery and preservation of marine biological resources not only does not decrease, but from year to year becomes sharper. Expenses of the international community on acceptance of such measures increase. Level of the international mechanisms by means of which the objective — sustainable fishery is achieved increases. In some cases considerable diplomatic efforts, especially when it comes to armed conflicts at protection of fishing interests are made.

So, in Northern Atlantic in 1995 there was a paltusovy conflict between Canada and Spain which developed into the conflict between Canada and the European Community (EC). The Spanish vessels which were carrying out trade of a black halibut around the island of Newfoundland in an open part of Atlantic were arrested by the Canadian authorities. The Canadian law forbidding trade of fishes which cross-border stock (which is formed at the same time in a zone of national jurisdiction and the adjoining open waters) decreases (Peresada, 1995) became the basis for arrest. At the same time from the biological point of view the Canadians were right as they protected the associated stock which is formed in the Canadian zone. Canadians were right and from the economic party as by this time a ban on trade of a cod, and on the coast near Newfoundland was imposed there were without work about 50 thousand people, and the halibut remained the only valuable fish which trade could support economically victims of the trade ban areas (Today, 1995; Zilanov, 1996).

For protection of fishing claims of the countries the Spanish and Canadian warships entered the fishing area. Difficult diplomatic negotiations on settlement of this conflict were required. Nevertheless demonstration of military power and results of diplomatic efforts on overcoming the arisen contradictions up to the end did not satisfy participants of the conflict. Its influence was so big that in Spain oppositional to the government of force tried to use internal political contradictions for

strengthenings of the influence on a wave of discontent with an official position of the country on this matter.

In 1969 the USSR and Norway were forced to stop catch of the atlanti-chesko-Scandinavian herring in connection with catastrophic reduction of a stock (Shleynik, 1996). The conflict did not follow, but taking measures was painful for both countries which made such decision as these measures strongly limited possibilities of trade of the Soviet and Norwegian fishermen in the adjoining coastal areas. In 1996 in the same Northern Atlantic, in the North Sea, E vropeysky Union made the difficult decision, having sharply limited fishing of a herring as its stocks were reduced to the lowest level after 1970 when trade was stopped for 4 years. The quota was reduced from 313 thousand tons to 156 thousand tons. It meant the trade termination until the end of the year (Rybak, 1996). At the same time ministers of fishery of E S reached the agreement on restriction from 1996 to 2001 in Northern Atlantic of quotas for production of a cod, a salmon, a sardine, a halibut and a mackerel for 30% (The fish capital, 2000) that, undoubtedly, had to cause the conflict between fishermen and fishing administrations of the countries which supported restrictions.

In the late nineties unregulated and illegal fishing kly-Kacha in the Southern ocean in an area of coverage of the Convention & #34 began; About preservation of marine living resources of Antarctic (AHTKOM) & #34;. This fish has high consumer qualities and the price in the international market, for example in a number of the countries of Latin America and Australia. Since 1997 within three years as a result of unregulated fishing about 90 thousand tons of this fish — twice more, than in the Convention area of coverage were extracted at adjustable trade. The excessive intensity of trade led not only to essential exhaustion of stocks of a klykach, but also to reduction of populations of sea birds (petrels and albatrosses) (Brukhis, 2000). For the purpose of preservation of stocks of this fish and an ecosystem in general the complex system of precautionary measures was introduced, up to documenting of its catches.

However poaching did not stop that caused the serious conflict of the Australian and Uruguayan authorities in August, 2003. Uruguayan vessel & #34; Viarsa" conducting illegal trade of a klykach in the Convention area of coverage, after the long pursuit (during prosecution 4600 miles were passed) it was detained by the Australian boundary ship and it is fined 500 thousand Australian dollars. An incident caused the serious diplomatic conflict of Canberra and Montevideo (Daily Yomiuri, 2003).

Of a northern part of the Pacific Ocean — a zone of intensive fishery — the problem of exhaustion of sea bioresources as a result of overexploitation and emergence on this soil of the interstate or intra national conflicts is so characteristic, as well as of other regions of the World Ocean.

Long (since the beginning of the 20th century) the character has the American-Canadian conflict concerning definition of mutual quotas of catch of salmons (a salmon and a humpback salmon) in prol. Georgia and the river Fraser, despite long ago the existing bilateral agreements. The root of contradictions of two countries was that uncontrolled trade of a salmon by fishermen of the State of Washington had an adverse effect on her stocks. At the same time at the beginning of the 20th century and the Canadian side carried out construction works on the river Fraser where the salmon from prol comes on spawning. Georgia, without any accounting of need of preservation of spawning areas. In 1913 during the explosive works during laying of the railroad the canyon Damned Gate — one of the main spawning passes of a salmon was filled up. Because of excessive trade to the sea and destructions of spawning areas by 1917 the stocks of a salmon were reduced by 80%. And by 1930, trade of a salmon of this area practically stopped (Lafitsky, 1971).

Attempt to develop joint American-Canadian efforts on regulation of trade of a salmon and protection of its resources were undertaken several times, since 1892. But they came to an end with failures (Reiff, 1959). The project signed in 1930. Conventions on trade of a salmon were drafted in 1918, and ratified by the USA only in 1937. The convention did not remove sharpness of a problem of trade of a salmon. The arrangement repeatedly was exposed to revision, changed protocols. The bilateral conflict for privileges of trade of salmons continues to escalate periodically. So, in 1995-1996 the irreconcilability of positions of participants of the convention reached such sharpness that participation of the foreign intermediary was required. The representative of New Zealand became him. However, so discouraged him & #34; an abyss between positions сторон" that he at the beginning of March, 1996 asked for resignation (Silks, 1996).

During this period Canada accepts a number of economic sanctions against the USA. In particular, for transit pass through prol. Georgia the American vessels had to pay duty of 1.5 thousand Canadian dollars from the vessel. Clinton's administration agreed to compensate these expenses from federal treasury. But the secret offense of the American congress came up outside next year when collecting from Canada of 300 thousand a dale. was a condition of resumption of negotiations on a salmon as illegally received by it in the form of duties from the American fishing vessels (Fishing news, 1996; Soviet Russia, 1997).

Consequences & #34; salmon блокады" Canadians affect to this day. In 1985 the American-Canadian agreement on the Pacific salmon is signed. The bilateral Pacific salmon committee (Pacific Salmon Committee) which tasks include negotiation about trade of the Pacific salmon, monitoring, assessment of stocks, the analysis of results of researches for the purpose of restoration of the stocks which are formed in the rivers of the northwest coast of America is created. However almost 20 years' work of this committee can be interrupted because of the decision of the U. S. Congress to suspend financing of committee (an annual contribution — 1.1 million US dollars). It actually means cancellation of the agreement of 1985 and strong weakening of control over a situation with trade of salmons and their study (Suisang keydzay simbun, 2003a).

The problem of restriction of the Japanese trade of salmons in a northern part of the Pacific Ocean and the Bering Sea as a result of which solution quite clear boundary between interests I poniya and other countries of origin of stocks of the Pacific salmons was drawn has a bit different roots. E the background of the triple Convention on fishery in these areas (INPFC) in which the USA, Canada and Japan took part had Slee nevertheless mainly resursoograditelny nature, the Convention of 1992 (NPAFC) in which also Russia participates except these three states, in the basis has the principle of the primary rights and primary responsibility of the states in which rivers stocks of anadromous species of fish, 1982 put in the Convention of the UN on maritime law are formed

However and in that and other case the Japanese fishermen step by step lost a possibility of trade of salmons in the high sea on which social and economic stability of a number of areas I poniya, especially Hokkaido depended. At the same time the conflicts arose already in Japan: on the one hand between fishermen for the right of receiving the state subsidies for curtailment of trade or opportunities of trade in the zone, with another — between the fishermen dissatisfied with decisions of the government, and representatives of local administrations forced to realize such decisions (Hokkay keydzay, 1991).

From the unusual party the problem of salmon trade in a northern part of the Pacific Ocean as a result of the irresponsible statement of G. Filshin, the deputy minister of foreign trade of Russia in the early nineties and one of was shown

the most competent as was considered, economists in the team of the first Russian president B.N. Yeltsin. This statement was made during the trip to the northwest regions of the USA (Alaska, In ashington, California) in August, 1991 and concerned, including, intentions to become the competitor of Alaska concerning export of fish in I a poniya if Alaska does not cooperate in questions of pricing of export products. Representatives of Alaska immediately said that they consider sharp increase in the volume of export of salmons by the Soviet Union to Japan in one of the main reasons for falling of the prices of this type of products this year. Nevertheless, in Japan this & #34; exchange любезностями" it was regarded as attempt of creation some kind of & #34; northern картеля" infringing the interests of Japan (Sui dignity keydzay simbun, 1991). And it on the eve of signing of the quadrilateral convention on protection of stocks of anadromous species of fish of a northern part of the Pacific Ocean!

Other conflict similar to the American-Canadian salmon arose again between the USA and Canada concerning a halibut. By 20th of the last century trade of a belokory halibut in the Bering Sea the Canadian and American fishermen conducted already more half a century. There was a coastal infrastuktura of fish processing on the Pacific coast of the USA which substantially depended on unloadings of a halibut from the Canadian fishing vessels, first of all in Bellingham (State of Washington) and Send-Poyne on Alaska (Lafitsky, 1971).

As trade of a halibut by fishery managers of the USA and Canada was not controlled in any way, stocks of this fish in the Bering Sea were strongly undermined in the first decades of the 20th century. However obvious need in common to limit trade was accepted not at once. The first draft agreement on preservation of a halibut of 1919 included articles about scientific works on a halibut. Certainly, it demanded non-productive costs, and, most likely, therefore the U.S. Senate did not approve this project.

further this conflict was resolved by

by achievement bilateral dogovorennosti*. In the 1960th the stocks of a halibut as a result of bilateral regulation of trade were restored. And about 1500 fishermen of Alaska and the western coast of the USA and about the same the Canadian fishermen began to conduct trade of a halibut on a stable basis. Also the coastal fish-processing industry won. The international commission on trade of a halibut works and now.

Whether It is necessary to tell how serious was a problem of stocks of a pollock in enclaves of the Far East seas. As a result of uncontrollable trade and natural decrease in number under the threat there were most numerous stocks of a pollock in the world in the Okhotsk and Beringovy seas. Acute contradictions between the coastal states and the countries of forwarding trade managed to be smoothed not at once, years of negotiations for this purpose were required. Despite arrangements within the 6-sided convention on an occasion of acceptance of the international measures for regulation of trade of this look in an enclave of the Bering Sea, claims of the countries of forwarding fishery are not withdrawn. They in any given form annually move forward at the sessions of the Commission on a pollock of an open part of the sea.

The situation after a conclusion of the foreign fleet from an open part of the Sea of Okhotsk continues to remain very difficult. Russia, being under pressure of obligations under agreements in the field of fishery with China, the Republic of Korea, Japan, so far offsets loss by these countries of opportunities of trade of a pollock in an open part of the sea allocation of quotas in the part of the Bering Sea. And it causes serious contradictions between the Russian Far East fishermen and central office of management.

* The convention on preservation of trade of a halibut in a northern part of the Pacific Ocean and the Bering Sea 1953

We will consider conflict situations of a bit different character. At in-depth studies of features of dimensional list of crabs of different areas of the Far East seas of Russia the scientists of the TINRO-center revealed discrepancy of a trade measure with the real dimensional list of crabs that did not allow to determine correctly the volume of the general admissible catch (GAC) for some areas.

In the 1990th demand sharply increased from fishermen on stocks of crabs of different types in the Russian zone of the Far East. These stocks began to be reduced because of the increased intensity of trade. But the reason of such reduction consists not only in refishing, but also is connected with imperfection of rules of fishery which define a trade measure. In the second half of the 1990th it became clear that the trade measure for some species of red king crabs is underestimated. Also it does not consider distinction of biological characteristics of populations of crabs of various seas.

The minimum trade measure in the Russian rules of fishery for a blue crab — 130 mm on carapace width — is quite fair for the males of a blue crab of the Sea of Okhotsk having the maximum size of 180 mm. Population of a blue crab of the Koryak coast of the Bering Sea is characterized by accumulation of males in it of the largest sizes and favourably differs from the populations of Sea of Okhotsk where trade males are on average 22-27 mm less. Thus, the ODE for the Koryak population it turns out overestimated. The similar situation developed also with other species of crabs — Byrd's crab-strigunom, a crab-strigunom angulyatusy in the Okhotsk and Beringovy seas and some other (Slizkin, Dolzhenkov, 1997).

For permission of this contradiction scientists of the TINRO-center in 1997 it was offered to increase a trade measure for the mentioned species of crabs taking into account their real biological characteristics for the purpose of ensuring more rational and their sustainable trade.

At the end of the 20th century in a northern part of the Pacific Ocean took place and other conflict situations generated by irrational use of fish resources. The crab conflict was about to happen in the central Part Ya of the ponsky sea, on Yamato's height. In this area in the 1980th, intensive trade of a red crab-striguna was conducted by the Japanese and North Korean fishermen at total absence of regulations. At the same time in this area also scientific research of stocks and biology of crabs by either Koreans, or Japanese was practically not conducted. Yamato's height is divided into three zones of national jurisdiction — 200-mile zones of Russia, the DPRK and Japan. Trade in the Japanese and Korean zones has an adverse effect also on that part of a stock which was distributed in the Russian zone. If in 1988-1991 the males reached the average sizes about 103-107 mm, then here in 1993 — only 68 mm (The homeland, etc., 1997).

Because of exhaustion of a stock of a red crab-striguna on Yamato bank of court of the DPRK and Japan began to conduct illegal trade, coming into the Russian zone. Cases of their detention by the Russian bodies of fish conservation began to become more frequent. In the early nineties during the period & #34; бума" creations of joint ventures by the Russian organizations with the foreign companies the joint venture for production of crabs-strigunov in the Russian zone of the Sea of Japan & #34 was created; DDS" with participation of HK & #34; Дальморепродукт" and Japanese company & #34; Daixing суйсан" from the prefecture of Tottori which coast leaves to the area of the sea where there is Yamato's height. The Russian participant began to receive a quota which was taken up by fishing vessels of the Japanese partner. Besides, prefectures Simane and Tottori which fishermen traditionally conduct trade of crabs-strigunov in the Sea of Japan including the area of the height I a mat, in 1993 adopted the plan of preservation of resources of coastal waters, including reduction of the period of trade of crabs, introduction of security zones, release of juveniles of crabs, etc. (Suisangkai, 1993). In re-

a zultata of the specified actions the conflict was resolved also many contradictions connected with operation of a stock of crabs-strigunov disappeared.

Practically all above-mentioned conflict situations caused by deficiency of sea bioresources or, telling differently, the resulting excesses of requirements of the regional markets and technical capabilities of fishery over bioproductive opportunities of the ocean, arose and were in most cases allowed by negotiations and the conclusion of agreements on regulation of trade between countries of origin of a stock.

Another matter when in water areas of effect of the international treaties establishing service conditions of sea bioresources conduct unregulated fishing of court of the countries which are not members of the international organizations. Sometimes such trade is conducted by vessels of the countries participating in the international agreements, but at the same time violate conditions of such agreements.

In the 1990th the issue of illegal fishing activity of the courts of Taiwan which illegally conducted large-scale trade of a tuna in the Pacific Ocean and also a salmon in a northern part of the Pacific Ocean was particularly acute enough. Illegal trade of a salmon in the Bering Sea and other regions of a northern part of the Pacific Ocean was also carried out court of China. Neither that, nor other country were participants of the international agreements (to be fair it is necessary to tell that they violate conditions of international treaties of court practically of all countries of a northern part of the Pacific Ocean).

The taken corrective actions in the relation стран-" неучастников" — power (detentions of the ships) or economic (restriction of import of catches from the countries which vessels conduct illegal trade). At the same time the principle is put in the forefront — protection of fish resources is more significant business, than freedom of trade. The position of Japan at a meeting of Parliamentary association of fishing policy in October, 1993 was quite so formulated (Suisang keydzay simbun, 2003b).

In some cases when the cross-border stock oblavlivatsya by vessels of a part of countries of origin of such stock with violation of the existing international agreements between them, and the country in whose waters the fishing is conducted, cannot or does not want to take for one reason or another control measures, there is a hidden conflict which potentially can escalate in the future. Such situation developed in the Tsushima passage in a 200-mile zone of Japan where unregulated fishing of a mackerel is conducted by South Korean and Chinese vessels. The mackerel migrates through zones of all three countries. And Japan, though is interested in inventory management of this look, does not limit a frame the ODE of a mackerel of this population, motivating it with the fact that unilateral measures for management of a stock are inefficient.

Summing up the analysis of conflict situations in the sphere of fishery in the World Ocean, we will note that they take place practically in all sea areas, significant for fishery. The conflicts arise, as a rule, concerning development of cross-border stocks. The nature of the conflicts and methods of their settlement is very similar also in Atlantic where trade of cross-border stocks is conducted by vessels of a large number of the countries within centuries, and in a northern part of the Pacific Ocean where oceanic, forwarding trade has not such long history, and conduct its vessels of smaller number of the countries.

We will try to classify the described conflict situations and methods of their permission. Conflict situations arise in the following cases:

1) when coastal neighboring countries operate a joint stock (it is more brightly expressed in a case with a salmon of the river Fraser, it is less — in a case with a belokory halibut of the Bering Sea at the coast of the northwest of America);
2) when the countries of forwarding trade to the detriment of economic interests begin to operate the stock migrating in the high sea at -

brezhny countries of origin of a stock (salmons, pollock of the open Areas of Beringova and Okhotskogo of the seas);

3) when there are contradictions in one of the countries generated by the international restrictions (the internal Japanese conflict as a result of restrictions of trade of a salmon in the high sea);
4) because of economic blackmail at the competition for sales market (when the USSR and the USA showed keen interest in the market of a salmon in Japan);
5) at emergence of the new scientific knowledge which is in a conflict with rules of fishery (crabs of the Russian zone);
6) when the countries which are not participating in such agreements begin to conduct the trade of cross-border resources regulated by the international agreements (illegal trade of a tuna and salmons in the Pacific Ocean);
7) when the certain countries are not interested in strain of relations with neighbors, conflicting to own interests (mackerel of population of the Tsushima passage).

The method applied to resolution of conflicts, as a rule, is universal — achievement of the international agreement at the intergovernmental level. But also there are also others — power (detention of the ships), economic sanctions (creation of joint ventures, joint economic activity) at additional measures of management.


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Came to edition of 4.03.04

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