1. Canada and Fishing Stocks The Grand Banks

2. Background Since the 1970s, the fisheries in Eastern Canada’s Grand Banks have suffered disastrous depletion, seriously affecting both the economy and ecosystems of the Maritime provinces. While many theories abound about what caused the depletion, it cannot be denied that large scale overfishing by foreign fleets during the 80s and 90s exacted a huge toll on the straddling stocks. Canada joins the Northwest Atlantic Fisheries Organization (NAFO) in 1979, a regional organization for “the rational management and conservation of the fishery resources” on the Grand Banks beyond the 200 mile limit.

3. Role NAFO essentially does 2 things. Establishes total allowable catches to member nations in: (2) The Regulatory Area (includes part of the Convention Area that lies beyond 200 miles). (1) The Convention Area (includes waters falling under the jurisdiction of Canada, Denmark, France and the US) and

4. Problems NAFO is plagued with a bunch of problems, the first being (1)Its failure to revive former fishing grounds despite decades of moratoria. (2) The induction of Spain and Portugal into the European Union. This placed new demands on the existing fisheries arrangements as a result of the following factors: a doubling of the total # of EU fishermen & an increase in overall fishing capacity. (3) NAFO is utterly toothless beyond the 200 mile Exclusive Economic Zone.

5. Statement of Problem How should Canada protect its ocean fisheries when dealing with a largely dysfunctional organization?

6. Policy Options (1)Custodial Management. This would mean Canada taking on guardianship over straddling fish stocks beyond the 200 mile zone. (2) Replacing NAFO with a new regime since international law is slow to develop and reforms would largely be ineffective. (3) Take full advantage of the options for enforcement, dispute settlement and other provisions made possible under the United Nations Agreement on Straddling Stocks, especially Article 77. (4) Engage in bilateral agreements with the EU to rebuild fish stocks outside the 200 mile zone.

7. Policy Recommendations Option 3 : Take full advantage of the options for enforcement, dispute settlement and other provisions made possible under the United Nations Agreement on Straddling Stocks, especially Article 77.

8. Question What do you think would be more effective to protect Canada’s fish stocks? Policies of unilateralism (one-sided action) or bilateralism (cooperation) … ?