39 Ocean & Coastal L. Memo 1 (1993)

handle is hein.journals/ocoaslme39 and id is 1 raw text is: 









Ocean and Coastal



               Law Memo


Issue 39  March 1993


Recent Developments in Ocean and Coastal Law, 1992


International Developments

1.  Driftnets

A   UN Resolution Adopted

    UN General Assembly resolu-
tion 46-215 was adopted Decem-
ber 20, 1991. This resolution
established a moratorium on
driftnet fishing in all of the world's
oceans including enclosed and
semi-enclosed areas by Decem-
ber 31, 1992. The newest resolu-
tion also eliminated a conserva-
tion management clause in the
previous resolution 46-225 which
provided a way around the mora-
torium. The most recent resolu-
tion avoided the issue of net
length, however.

B.  Driftnet Bill Passage

    President Bush signed H.R.
2152 into law in November 1992,
establishing the High Seas Drift-
net Fisheries Enforcement Act,
Pub. L 102-582. The Act imple-
ments the global driftnet mora-
torium of General Assembly reso-
lution 46-215 and calls for efforts


to address controversial fisheries
management  issues in the central
Bering Sea (the Donut Hole).

1. Implementation of the Act

   The Act requires the Secre-
tary of Commerce to publish a
list of nations using driftnets in
the high seas. After notifying the
nations on the list, the Secretary
of the Treasury may deny U.S.
port privileges to that nation's
driftnet vessels. After the Secre-
tary of Commerce notifies a
nation that they are on the list,
the president will negotiate with
that nation to effect an immediate
termination of driftnet fishing. If a
nation continues to engage in
driftnet fishing, the Secretary of
the Treasury will prohibit importa-
tion of fish, fish products, and
sport fishing equipment of that
nation.

II. International Whaling
    Commission

    During the International Whal-
ing Commission (IWC) meeting in
Glasgow, Scotland, on June 29,


1992, Norway announced its
decision to resume hunting for
Northeast Atlantic minke whales.
Iceland announced that it will
leave the IWC and also that it
intends to resume commercial
whaling.

    At its Glasgow meeting, the
IWC  rejected a Japanese request
to hunt minke whales and reaf-
firmed the general moratorium on
whaling. The IWC adopted spe-
cific resolutions providing advice
on white whales, narwhals, pilot
whales, and striped dolphins and
requested information on the kill-
ing of pilot whales at the Faroe
Islands. A Revised Management
Scheme  for commercial whaling
was adopted, but it was condi-
tioned on the resolution of a
number  of other issues such as
establishing an inspection and
observation system. See Int'l
EnvtI. Daily (BNA) (July 1, 7, 8,
1992).

Ill.  The  Earth  Summit

    The United Nations Confer-
ence on Environment and Devel-


Distributed by: Oregon State University Extension * Sea Grant Program  Corvallis OR

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