Treaty Negotiations for High Seas Fisheries in the North Pacific Ocean Blair Hodgson Director, International Fisheries Relations International Affairs Directorate

BACKGROUND Many high seas fisheries resources in the North Pacific are not currently subject to international management. A number of these fish stocks may occur in the high-seas as well as Canada’s Exclusive Economic Zone (EEZ, or 200-mile limit) off the Canadian west coast. International negotiations are underway to establish a new treaty that would conserve and manage these resources. A negotiating mandate is being sought from Cabinet to allow Canada to become a full party to treaty negotiations. The treaty will result in the establishment of a Regional Fisheries Management Organization (RFMO) that would conserve and manage currently unregulated high seas fish stocks in the North Pacific. RFMOs are international organizations that manage straddling and other fish stocks that occur in a specified region of international waters outside the 200-mile limits of coastal States. Canada is currently a member of five RFMOs. The next negotiating session will be held in Jeju, Korea on January 17-22, 2010.

CONTEXT Discussions on a new RFMO in the North Pacific Ocean began in 2006 among Japan, Korea, the Russian Federation and the United States, because of increasing international concern about unregulated high seas bottom-contact fisheries and their impact on vulnerable marine ecosystems. The geographic area initially considered only included high seas areas of the Northwest Pacific Ocean, and therefore Canada was not invited to take part. At the time, discussions only concerned bottom- contact fisheries. Due to the need for rapid action on unregulated bottom-contact fisheries, in 2008, the four countries agreed on voluntary interim conservation measures for the Northwest Pacific and a draft treaty that would establish a new legally-binding international management arrangement. The interim conservation measures included limiting effort on bottom-contact fisheries, limiting the expansion of bottom-contact fisheries where no such fisheries are occurring and other protective measures for vulnerable marine ecosystems.

CONTEXT (CONTINUED) In late 2008, the original negotiating countries decided to extend the scope of their considerations across the entire North Pacific, to the Exclusive Economic Zones of Canada and Mexico. Discussions also began about including all currently unregulated fisheries and not just bottom-contact fisheries. As a result, Canada and Mexico were invited to participate in the negotiations.

THE PROPOSED CONVENTION AREA The proposed Convention area includes entire the High Seas area of the North Pacific, with a southern boundary of 20 degrees north. It includes the high seas area adjacent to the Exclusive Economic Zones of Canada and Mexico (coordinates on the diagram are approximate).

CANADA’S INVOLVEMENT Canada has attended two negotiating sessions, in Busan, Korea in February 2009 and most recently in Seattle in August These negotiations have focused on refining the interim conservation measures and a new international treaty. We expect that the treaty will eventually cover all unregulated high-seas fisheries in the North Pacific. Canada has attended the past two negotiating sessions in order to acquire further information about the process, express initial opinions and pose questions. However, without an approved negotiating mandate from Cabinet, Canada cannot express any official positions. A mandate is being sought from Cabinet to allow Canada to express official positions in the treaty discussions, which, in turn, will protect Canadian interests. The draft treaty text is already well-developed and it is expected that another two to three more negotiating sessions will be needed to finalize the treaty.

CANADIAN INTERESTS Protection of Canadian stocks: Preliminary indications from DFO Scientists suggest stocks occurring within the Canada’s EEZ may also occur in the high-seas area off BC coast (e.g. dogfish, Pacific hake, Pacific halibut, ling cod, sablefish, rockfish, flounder, thornyhead, grenadier, shark species, sole, skate, skilfish, perch, and possibly others). It has also been reported that a Russian long-line vessel has already been fishing possible straddling stocks (rockfish and sablefish). These stocks could be subject to unregulated fishing on the high-seas to the detriment of the resources in Canadian waters. Securing Access to Future Fishing Opportunities: While Canada currently has no high-seas fisheries in the area apart from Pacific albacore tuna, it remains in Canada’s interest to protect access to future fishing opportunities. Meeting Canada’s International Obligations: As a signatory to the United Nations Fish Stocks Agreement, Canada as a coastal state has obligations set out in international law to ensure compatible measures are put into place for fisheries both within and outside Canada’s EEZ and to cooperate with adjacent RFMOs. Reported Russian Fishing Activity in the North Pacific in 2009.

CANADA’S PRIORITIES If authority to participate in the negotiations is granted, Canadian officials will seek to ensure that the final treaty text establishes a modern and effective RFMO, with a decision-making structure that allows for the protection and advancement of Canadian interests. Canadian officials will work towards developing a treaty text that allows for the following: –conservation and management of straddling stocks; –protective measures for vulnerable marine ecosystems that are consistent with Canadian domestic approaches; –protection of future fishing opportunities; –cost-effectiveness, –authority to carry out scientific work to support the RFMO, as required, and; –consistency with Canadian conservation and management measures (e.g. observer coverage) and Canadian domestic policies (e.g. sensitive benthic habitat policy).

NEXT STEPS We seek your views on Canada’s role in these international negotiations. If a negotiating mandate can be obtained before the next inter-governmental meeting in Jeju, Korea on January 17-22, 2010, Canada will able to fully participate in the negotiations. We will provide regular briefings throughout the negotiating process. If Canada decides to ratify the treaty, once treaty negotiations are completed, another mandate will need to be sought from Cabinet. This will require additional consultations with stakeholders at that time.