Conservation of Pacific Sea Turtles

Chapter 20. The Conservation of Sea Turtles under the Law of the Sea Convention, the UN Fish Stocks Agreement, and the WCPF Convention

396 Taken cumulatively, a number of specific and general international instruments provide the international legal and policy framework for the conservation of sea turtles (Hykle 1999). This chapter assesses the effectiveness of three of the general instruments in the conservation of sea turtles in the western and central Pacific region: (1) the United Nations Convention on the Law of the Sea (the Law of the Sea Convention), (2) the post–Law of the Sea instrument negotiated to promote the effective implementation of the Law of the Sea framework: the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (the UN Fish Stocks Agreement), and (3) the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (the WCPF Convention). The implementation of the UN Fish Stocks Agreement and the WCPF Convention could provide an effective framework to minimize the incidental catch of sea turtles in longline and purse-seine fishing operations in the western and central Pacific Ocean, currently the largest tuna fishing ground in the world. CHAPTER 20 The Conservation of Sea Turtles under the Law of the Sea Convention, the UN Fish Stocks Agreement, and the WCPF Convention Martin tSaMenyi anD joytiSHna jit The Law of the Sea, UN Fish Stocks, and WCPF | 397 The Law of the Sea Convention Background The Law of the Sea Convention, which came into force in November 1994, is currently the principal international legal instrument governing all aspects of ocean use. All other international instruments governing ocean activities rely on the Law of the Sea Convention as their reference point and benchmark . In practice, there is a clear trend for these later treaties to increase the content of the regimes of control set out in the Law of the Sea Convention. For many uses of the sea, and certainly in the case of marine resources, the Law of the Sea Convention divides the oceans into distinct jurisdictional zones, each with its own legal characteristics: (1) internal waters, (2) the territorial sea, (3) archipelagic waters, (4) the exclusive economic zone (EEZ), and (5) the high seas. Internal waters, the territorial sea, and archipelagic waters all come under the full sovereignty of the coastal state. The EEZ has a qualified sovereignty regime. Although noncoastal states have certain rights in the EEZ, the coastal state has considerable discretionary powers over fishing in the zone and the undertaking of scientific research. The coastal state also has a range of conservation obligations with respect to the EEZ. The high seas are currently governed by the concept of high seas freedoms . Conservation obligations on the high seas are made effective through the work of fisheries commissions, other international agreements, and the powers of the flag state over fishing vessels carrying its flag. Zones under Coastal State Full Sovereignty The zones under sovereignty comprise internal waters, archipelagic waters, and the territorial sea. Because these maritime zones come under the full sovereignty of coastal states, the Law of the Sea Convention generally does not impose any limitations on states with regard to the management and conservation of the marine environment in these zones of jurisdiction. The only limitations relate to the passage of foreign vessels in archipelagic waters1 and the territorial sea.2 In the territorial sea, the coastal state has power to adopt laws and regulations relating to innocent passage of foreign vessels. Such laws and regulations may cover the conservation of the living resources of the sea,3 the prevention of infringement of the fisheries laws and regulations of the coastal state,4 and the preservation of the environment of the coastal state.5 398 | Martin tSaMenyi anD joytiSHna jit Zones under Coastal State Sovereign Rights The main maritime zone under sovereign rights of coastal states of relevance to the conservation of sea turtles is the EEZ.6 In the EEZ, coastal states exercise sovereign rights for the purpose of exploring and exploiting, and conserving and managing the living and nonliving natural resources of the area as outlined in Article 56 (1) (a). Coastal states also have jurisdiction to protect and preserve the marine environment of the EEZ according to Article 56 (1) (b) (iii). Currently, the most important resource activity in the EEZ is fishing. Thus, the effectiveness of...