**1998 Year of the Ocean**

**A SURVEY OF INTERNATIONAL AGREEMENTS**

**Contents**

1\. INTRODUCTION J-2

2\. THE LAW OF THE SEA J-2

3\. THE MARINE ENVIRONMENT J-3

4\. LIVING MARINE RESOURCES J-9

5\. LIVING MARINE RESOURCES

NEW AGREEMENTS NOT YET IN FORCE J-14

6\. MARINE TRANSPORTATION J-17

7\. THE ANTARCTIC AND ARCTIC J-19

8\. LIST OF ACRONYMS J-22

This Year of the Ocean document was prepared as a background discussion
paper and does not necessarily reflect the policies of the U.S.
Government or the U.S. Government agencies that participated in its
preparation.

**INTRODUCTION**

The legal regime governing the use of the ocean is based on a network of
important international agreements. The following is a compendium of
some of those agreements and programs relating to the ocean with a brief
description of each. The list is selective and is designed to illustrate
the major ocean agreements relating to the environment, fisheries,
transportation, and the polar regions. The United States is either a
party to each agreement or in the process of ratification. The list is
indicative, but not comprehensive.

**THE LAW OF THE SEA**

**United Nations Convention on the Law of the Sea, 1982**

**Senate Treaty Doc. 103-39, Oct. 6, 1994**

The United Nations (UN) Convention on the Law of the Sea, with Annexes
done at Montego Bay, December 10, 1982 (the Convention) and the
Agreement Relating to the Implementation of Part XI of the 1982 United
Nations Convention on the Law of the Sea, adopted and opened for
signature at the United Nations in New York, July 28, 1994 (the
Agreement) provide a comprehensive framework that sets forth the rights
and obligations of States with respect to the uses of the ocean. Its
provisions would guarantee United States' control of economic activities
off its coasts, such as fishing and oil and gas development, and enhance
the United States' ability to protect the marine environment. At the
same time, it preserves and reinforces the freedoms of navigation and
overflight essential to national strategic and commercial interests.

The Convention authorizes a territorial sea of up to 12 nautical miles
and Coastal State sovereign rights over fisheries and other natural
resources in an Exclusive Economic Zone that may extend to 200 nautical
miles from the baseline. The Convention further accords Coastal States
sovereign rights over the nonliving resources, including oil and gas,
found in the seabed and subsoil of the continental shelf, which is
defined to extend to 200 nautical miles from the baseline or, where the
continental margin extends beyond that limit, to the outer edge of the
geological continental margin. The Convention preserves the rights of
navigation and overflight in areas under Coastal State jurisdiction and
on the high seas beyond.

The 1994 Agreement fundamentally changed the provisions of Part XI of
the Convention that establish a system for regulating the mining of
mineral resources from the deep seabed beyond national jurisdiction.
Part XI was renegotiated to remove the obstacles to the acceptance of
the Convention that had prevented the United States and other
industrialized countries from becoming parties. The United States signed
the Agreement and has submitted the Law of the Sea Convention and the
Agreement together as a package to the Senate for advice and consent.
The entry into force of a widely accepted and comprehensive law of the
sea convention has been a consistent objective of the United States
since negotiations began on such a convention over two decades ago. The
Convention entered into force in 1994 and over 120 States are parties
including the United Kingdom, Germany, Italy, Japan, South Korea,
Australia Russia, China, and France. The United States is not yet a
party; the Convention was submitted for Senate advice and consent to
ratification in 1994.

**THE MARINE ENVIRONMENT**

**Conference on Environment and Development:**

**Agenda 21 Chapter 17 (Oceans)**

Chapter 17 on oceans in Agenda 21 sets forth an ambitious work program
for the international community in pursuing the objective of sustainable
development with respect to the ocean. To this end, it promotes new
approaches to managing human uses of ocean resources, including the
application of environmental impact assessment procedures and natural
resource accounting techniques; economic incentives to encourage
industrial and agricultural practices that avoid degradation of the
marine environment; and protection of the ecosystems and habitats of
marine species. Particular emphasis is given to coastal areasthe
land/sea interfacewhich are critical to the life cycles of most marine
species and in which human population is increasingly concentrated.

The specific program areas of Agenda 21 Chapter 17 (Oceans) may be
summarized as follows:

\(a\) Integrated management of coastal areas, including representation
of all affected interests in decision making, to ensure that human uses
of these areas are compatible, sustainable, and environmentally sound;

\(b\) Development and implementation of strategies, particularly at the
local and national level, to prevent degradation of the marine
environment from land-based activities, including recognition of this
effort as a central component of coastal area management;

\(c\) Strengthening and improving implementation of international
measures to prevent marine pollution from vessels and from dumping at
sea;

\(d\) Improved management of coastal fisheries, including use of
selective gear and practices, to ensure healthy populations and to meet
human nutritional needs;

\(e\) Implementation of obligations for international cooperation to
conserve marine living resources found on the high seas (e.g.,
straddling stocks and highly migratory species);

\(f\) Protection and restoration of endangered marine species, as well
as preservation of marine biological diversity, including protection of
rare or fragile ecosystems and habitats critical for marine species;

\(g\) Coordinated programs of scientific research and systematic
observations, as well as data exchange, to improve understanding and
management of the marine environment, including implementation of a
Global Ocean Observing System;

\(h\) Regular review and coordination of activities within the United
Nations system relating to the protection and sustainable development of
the marine environment and revitalization of the United Nations
Environment Programme (UNEP) Regional Seas Program; and

\(i\) Elaboration of programs to address the particular problems of
small island developing States, whose economies and very existence is
integrally tied to the marine environment.

**Convention for the International Council for the Exploration of the
Sea (ICES)**

The environment of the North Atlantic and adjacent seas has been the
prime concern of ICES since its inception in 1902. As the oldest
intergovernmental marine science organization in the world, its main
focus has continued to be on international cooperative scientific
studies. Article 1 of the 1964 ICES Convention formally identifies the
Council's principal functions:

a\. to promote and encourage research and investigations for the study
of the sea particularly related to the living resources thereof;

b\. to draw up programs required for this purpose and to organize, in
agreement with the contracting parties, such research and investigations
as may appear necessary;

c\. to publish and otherwise disseminate the results of research and
investigations carried out under its auspices.

Since the 1970s, a major responsibility for ICES has involved the
provision of scientific information and advice for fisheries
conservation and protection of the marine environment to
intergovernmental regulatory commissions, the European Commission, and
the governments of ICES member countries.

ICES works in the broad areas of fisheries, oceanography, and
environmental sciences, including the study of marine pollution, and
maintains extensive databases on the North Atlantic, in cooperation with
other international organizations. The work is organized and carried out
by scientists from the 19 contracting parties: Belgium, Canada, Denmark,
Estonia, Finland, France, Germany, Iceland, Ireland, Latvia,
Netherlands, Norway, Poland, Portugal, Russia, Spain, Sweden, the United
Kingdom and the United States. Scientific Observer status has been
granted to Australia, South Africa and Greece. Lithuania applied in 1997
for membership.

More than 40 international organizations have Observer status and
cooperative relations with ICES. Of the United Nations agencies, ICES
works with the Fisheries Department of the Food and Agriculture
Organization (FAO), the Intergovernmental Oceanographic Commission, the
International Maritime Organization, the World Meteorological
Organization, and the UNEP.

**Intergovernmental Oceanographic Commission, 1960**

The Intergovernmental Oceanographic Commission (IOC) promotes marine
scientific investigations to learn more about the nature and resources
of the oceans and provides related ocean services and training. The IOC
plans, coordinates, and supports global and regional programs, in
cooperation with IOC member states and other international
organizations. The IOC is designated in the UN Convention on the Law of
the Sea as the competent international organization for marine
scientific research. It also has specific responsibilities under the
Framework Convention on Climate Change, the Convention on Biodiversity,
Agenda 21 of the UN Conference on Environment and Development, and the
International Decade for Natural Disaster Reduction.

Through memoranda of understanding, the IOC cooperates with ICES in the
North Atlantic, and with the North Pacific Marine Science Organization
**(**PICES) in the North Pacific region. UN agencies that work closely
with the IOC on programs of mutual interest include the World
Meteorological Organization, the UNEP, the International Maritime
Organization, the FAO, and the International Atomic Energy Agency.
Scientific advice is provided to the IOC by the Scientific Committee on
Oceanic Research of the International Council of Scientific Unions.
Major programs include study of global ocean circulation, ocean mapping,
and global ecosystem dynamics. Under each of these program areas and in
cooperation with national and international agencies, the IOC sponsors
and organizes meetings and workshops to define scientific problems and
service requirements, and to develop appropriate international programs.
The programs are executed by the participating IOC member states.

**The Convention on the Prevention of Marine Pollution by Dumping**

**of Wastes and Other Matter, London, 1972**

The Convention on the Prevention of Marine Pollution by Dumping of
Wastes and Other Matter, known as the London Convention of 1972, is the
primary international agreement controlling the deliberate dumping of
non-ship generated wastes at sea. Since entering into force in 1975, the
London Convention has provided a structure by which its now 77
contracting parties have made consistent progress in combating marine
pollution caused by dumping at sea. The London Convention has become
more restrictive over the years. In 1993, bans on the ocean disposal of
low-level radioactive wastes and industrial wastes were adopted.

In 1996, a Protocol to the London Convention was adopted, at a special
meeting of the contracting parties, and signed by the United States,
subject to ratification. The Protocol is a free-standing agreement to
which both contracting and non-contracting parties to the London
Convention may become party. The Protocol embodies a major structural
revision of the Conventionthe so-called "reverse list" approach.
Parties are obligated to prohibit the dumping of any waste or other
matter that is not listed in Annex 1 ("the reverse list") of the
Protocol. Dumping of wastes or other matter on the reverse list requires
a permit. Parties to the Protocol are further obliged to adopt measures
to ensure that the issuance of permits and permit conditions for the
dumping of reverse list substances comply with Annex 2 (the Waste
Assessment Annex) of the Protocol. There are seven categories of
substances on the reverse list. These include dredged material; sewage
sludge; industrial fish processing or other fish waste; vessels and
offshore platforms or other man-made structures at sea; inert, inorganic
geological material; organic material of natural origin; and bulky items
including iron, steel, concrete and similarly unharmful materials for
which the concern is physical impact and is limited to those
circumstances where such wastes are generated at locations with no
practicable access to options other than dumping.

**Framework Convention on Climate Change, 1994**

Over 160 countries are now Parties to the United Nations Framework on
Climate Change (the Convention) which was ratified by the United States
in 1992. This Convention entered into force on March 21, 1994 and the
Parties held their first meeting in April 1995 in Berlin. There, they
launched a negotiating process designed to produce a new legal
instrument to deal with the threat of climate change in the post 2000
period. In this regard, the Third Session of the Conference of the
Parties \[to the Convention\] reached agreement December 11, 1997 on a
protocol committing developed countries to reduce greenhouse gas
emissions.

**Convention for the Protection and Development of the Marine
Environment of the Wider Caribbean Region (Cartagena Convention), 1983**

The Cartagena Convention, which entered into force in 1984, is a
framework convention negotiated under the auspices of the United Nations
Environment Programme, Regional Seas Program. It is aimed at the
protection of the marine environment and the promotion of
environmentally sound development in the wider Caribbean region,
including the Gulf of Mexico. The Cartagena Convention is similar in
form to nine other regional agreements negotiated under the auspices of
the Regional Seas Program, including one for the South Pacific, to which
the United States is a party.

The Cartagena Convention contains general obligations on parties to
protect the marine environment of the region from a variety of pollution
sources, including oil pollution from ships, dumping, and pollution from
land-based activities. It is intended to be supplemented by protocols
containing more specific obligations in these areas. A Protocol on
Combating Oil Spills was negotiated and entered into force with the
Cartagena Convention. A Protocol on Specially Protected Areas and
Wildlife was negotiated in 1990 but has not entered into force. This
Protocol has been transmitted to the U.S. Senate for advice and consent
to ratification. A protocol on pollution from land-based activities,
which accounts for about 80 percent of the pollution entering the marine
environment, is currently under negotiation.

**Basel Convention on the Control of Transboundary Movements**

**of Hazardous Wastes and their Disposal (Basel Convention)**

The Basel Convention is an international agreement which attempts to
control the movement of hazardous waste across State boundaries. This
Convention, which went into effect in 1992:

-   requires environmentally sound management of transboundary movements
    and disposal of waste

-   provides a list of covered wastes (including hazardous and other
    wastes)

-   prohibits exports of covered wastes to the Antarctic Treaty Area

-   generally requires notice to and consent, in certain circumstances,
    of transit and receiving countries before exports of covered wastes
    commence

-   commits parties to prohibit a transboundary movement if there is
    reason to believe that the waste would not be managed in an
    environmentally sound manner in the importing country

-   commits parties to assume responsibility for disposal of waste
    illegally exported and imported

One hundred twenty-two countries have ratified the Basel Convention.
Although the U.S. Senate has given its advice and consent, the United
States is not a party at this time.

**Global Program of Action for the Protection of the Marine
Environment**

**From Land-Based Activities, 1995**

The Global Program of Action was adopted November 3, 1995 at the
conclusion of a two-week conference sponsored by the UNEP and hosted by
the United States. The Global Program of Action seeks to prevent the
degradation of the marine environment from land-based activities by
helping States Parties realize the duty to preserve and protect the
marine environment. It is designed to assist States in taking actions
individually or jointly according to their respective policies,
priorities, and resources. It constitutes a practical source of guidance
for action which must take place at the national and regional level;
identifies steps for making available knowledge and experience about
effective measures to combat land-based sources of marine pollution; and
offers instruction on how to involve the relevant United Nations
institutions in the implementation effort.

**Convention for a North Pacific Marine Science Organization (PICES),
1992;**

**U.S. Senate Treaty Document 102-9, 102nd Congress, 1st Session**

PICES was established to promote and coordinate marine scientific
research in the northern North Pacific and adjacent seas, particularly
northward of 30 degrees north latitude. The organization's purpose is to
advance scientific knowledge about the ocean environment, global climate
change, living resources and their ecosystems, and the impacts of human
activities, and to promote the collection and rapid exchange of
scientific information on these issues. The six contracting parties are
Canada, the People's Republic of China, Japan, the Republic of Korea,
Russia, and the United States. Each party pays an equal contribution.

**South Pacific Regional Environment Program, 1995**

The South Pacific Regional Environment Program (SPREP) is designed to
promote cooperation in the South Pacific region, provide assistance to
protect and improve the environment, and to ensure sustainable
development. SPREP is comprised of twenty-two Pacific island countries
and four developed countries with direct interests in the region. The
SPREP Agreement came into force on August 31, 1995. The United States
has signed the Agreement, which is before the Senate for its advice and
consent for ratification.

**Convention on the International Hydrographic Organization**

The International Hydrographic Organization is a technical organization
established to coordinate and promote the adoption of reliable and
efficient scientific practice in hydrography and navigation. It has the
following objectives:

a\. bring about close and permanent association between national
hydrographic offices;

b\. ensure the greatest possible uniformity in nautical charts and
documents;

c\. further the exchange of nautical charts and documents;

d\. provide guidance and advice on request;

e\. assist countries engaged in setting up or expanding their
hydrographic service;

f\. encourage coordination of hydrographic surveys with relevant
oceanographic cruises or other activities;

g\. facilitate the application of oceanographic knowledge for the
benefit of navigators;

h\. cooperate with other international organizations and scientific
institutions with similar objectives.

The International Hydrographic Organization is organized in two parts.
The Conference, composed of representatives of all member states, meets
every five years. In the intersessional period, the scientific and
technical business of the organization is conducted by the Bureau,
composed of an elected Directing Committee and the Secretariat staff.
Dues for the member states are assessed according to the tonnage of
their fleets.

**LIVING MARINE RESOURCES**

**International Convention for the Regulation of Whaling, 1948**

The International Convention for the Regulation of Whaling, drafted in
1946 after a conference hosted by the United States, was subsequently
ratified and entered into force in 1948. This Convention was the
culmination of a series of agreements begun in the 1920s, the purpose of
which was to establish a system of international regulation for whaling
in order to ensure the conservation and development of whale stocks, and
to make possible the orderly development of the whaling industry. The
Convention created the International Whaling Commission, the
organization that is internationally recognized as having authority over
the conservation and management of whale stocks worldwide. In 1982, the
International Whaling Commission adopted a commercial whaling
moratorium, which took effect in 1986 and remains in place.

**Convention Between the United States of America and the Republic of
Costa Rica for the Establishment of an Inter-American Tropical Tuna
Commission, 1949;**

**Tuna Conventions Act of 1950 (64 Stat. 777), as amended (16 U.S.C.
951-961)**

The Agreement established the Inter-American Tropical Tuna Commission,
to "(1) study the biology of the tunas and related species of the
eastern Pacific Ocean with a view to determining the effects that
fishing and natural factors have on their abundance and (2) to recommend
appropriate conservation measures so that the stocks of fish can be
maintained at levels which will afford maximum sustainable catches." The
nations who are party to this agreement are: Costa Rica, Ecuador,
France, Japan, Nicaragua, Panama, the United States, Vanuatu, and
Venezuela.

The Commission's duties were broadened in 1976 to include work on the
problems arising from the tuna-dolphin relationship in the eastern
Pacific Ocean. The International Dolphin Conservation Program, which was
developed by the Inter-American Tropical Tuna Commission, has
drastically reduced the dolphin mortality in purse seine tuna fisheries,
where the dolphin bycatch rate had been traditionally high. In 1992, ten
nations with tuna vessels operating in the eastern Pacific Ocean entered
into the La Jolla Agreement, which committed them to reduce dolphin
mortality to insignificant levels, with a goal of eliminating it
entirely through the application of ecologically sound fishing methods.
This Agreement established an annually decreasing limit on the total
allowable dolphin mortality in the fishery to a level of less than 5,000
in 1999. The International Dolphin Conservation Program has already
achieved that mark, well ahead of schedule.

**Convention for the Preservation of the Halibut Fishery**

**of the Northern Pacific Ocean and Bering Sea, 1953;**

**Northern Pacific Halibut Act of 1982**

**(as amended: 50 Stat. 325; 67 Stat. 494; 79 Stat. 902; 97 Stat. 78).**

The bilateral International Pacific Halibut Commission was created to
conserve, manage, and rebuild the halibut stocks of the west coast of
Canada and the United States to levels which would achieve and maintain
the maximum sustainable yield from the fishery. The Commission is
responsible for data collection and stock assessment, and addresses the
issue of bycatch of halibut by the groundfish fisheries in the region.
The halibut resource has been managed by this Commission since 1923.

**Convention on Great Lakes Fisheries between the United States and
Canada, 1954;**

**Great Lakes Fisheries Act of 1956 (16 U.S.C. 932)**

The bilateral Great Lakes Fishery Commission was established to control
and eradicate sea lamprey, which decimated important commercial and
recreational fisheries in the Great Lakes. The lamprey entered the lakes
through canals built in the nineteenth century to provide access to the
lakes by ocean-going vessels. This Commission is also responsible for
undertaking research programs to determine the maximum productivity of
any stock of fish that is of interest to the parties, and making
recommendations on appropriate measures for the conservation and
management of those stocks.

**International Convention for the Conservation of Atlantic Tunas,
1966;**

**Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971)**

The International Commission for the Conservation of Atlantic Tunas was
established to provide an effective program of international cooperation
in research and conservation in recognition of the unique problems of
tunas and tuna-like species. The Convention area is defined as all
waters of the Atlantic Ocean, including the adjacent seas. The
Commission is responsible for providing internationally coordinated
research on the condition of the Atlantic tunas, tuna-like species, and
their environment, as well as for the developing harvest proposals for
consideration by the convention parties. The objective of such
regulatory proposals is to conserve and manage species of tuna
throughout their range to achieve maximum sustainable catch. Parties
include Angola, Benin, Brazil, Canada, Cape Verde, Cote d'Ivoire, Cuba,
Equatorial Guinea, the European Union, France, Gabon, Ghana, Japan, the
Republic of Korea, Morocco, Sao Tome and Principe, the Republic of South
Africa, Spain, the Russian Federation, the United Kingdom, Uruguay, the
United States, and Venezuela.

**Convention on Wetlands of International Importance Especially As
Waterfowl Habitat, Ramsar, 1971**

The Convention on Wetlands of International Importance, known as the
Ramsar Convention from its place of adoption in 1971 in Ramsar, Iran, is
the only international accord dedicated to the protection and
conservation of wetlands. Over 100 contracting parties, including the
United States, have committed themselves to the wise use of wetlands at
over 700 sites that are specifically recognized as important under the
Convention. Wetlands support many important plants and animals,
migratory waterfowl, and provide water purification and flood control
services. Wetlands also play an important role in protecting shorelines
and coastal waters from pollutants. Under the Ramsar Convention, the
definition of wetlands extends to a wide variety of habitats, including
rivers, lakes, coastal lagoons, mangroves, peatlands, and coral reefs.

**Convention on International Trade In Endangered Species of Wild Fauna
and Flora, Washington, 1973**

The Convention on the International Trade in Endangered Species of Wild
Fauna and Flora, which was signed in 1973, restricts international trade
in the large number of endangered and threatened species. These species
include all whales, dolphins and porpoises, sea turtles, some seals
(including walrus), marine otters, polar bears, and some fish species.
The United States is a party to this Convention.

**Follow-Up on Actions Taken at the 22nd Session of the FAO Committee on
Fisheries, Rome, March 17-20, 1997**

The United Nations Food and Agriculture Organization was founded in
October 1945 with a mandate to raise levels of nutrition and standards
of living, to improve agricultural productivity, and to better the
condition of rural populations. Since its inception, FAO has worked to
alleviate poverty and hunger by promoting agricultural development,
improved nutrition, and the pursuit of food securitythe access of all
people at all times to the food they need for an active and healthy
life. FAO is active in land and water development, plant and animal
production, forestry, fisheries, economic and social policy, investment,
nutrition, food standards, and commodities and trade. It also plays a
major role in dealing with food and agricultural emergencies. As a
long-term strategy for the conservation and management of natural
resources, a specific priority of the FAO is encouraging sustainable
agriculture and rural development. It aims to meet the needs of both
present and future generations through programs that do not degrade the
environment and are technically appropriate, economically viable, and
socially acceptable.

The FAO Committee on Fisheries (COFI) will address fishing capacity
issues, shark conservation and management, and seabird bycatch avoidance
at three technical consultations early in 1998. Policy-makers from COFI
member countries will meet in October 1998 to recommend plans of action
in each of the three areas. The plans of action are to be adopted at the
March 1999 COFI meeting.

**Convention on Future Multilateral Cooperation in the Northwest
Atlantic Fisheries, 1979; Northwest Atlantic Fisheries Convention Act of
1995 (Title II of P.L.104-43)**

The mission of the Northwest Atlantic Fisheries Organization is twofold:

\(1\) to provide for continued multilateral consultation and cooperation
with respect to the study, appraisal, and exchange of scientific
information and views relating to the fisheries of the Convention Area
(which is off the Atlantic coasts of Canada and the United States, from
the Virginia Capes to the southern tip of Greenland), and

\(2\) to conserve and manage fishery resources of the Regulatory Area,
i.e., that part of the Convention Area that lies beyond the areas over
which coastal states exercise fisheries jurisdiction.

The Convention applies to all fishery resources except salmon, tunas,
swordfish, marlins, cetacean stocks managed by the International Whaling
Commission, and sedentary species of the continental shelf. Parties
include Bulgaria, Canada, Cuba, Denmark, Estonia, the European Union,
Iceland, Japan, Latvia, Lithuania, Norway, Poland, Republic of Korea,
Romania, the Russian Federation and the United States.

**Convention for the Conservation of Salmon in the North Atlantic Ocean,
1982;**

**Atlantic Salmon Convention Act of 1982 (16 U.S.C. 3601)**

This Convention applies to the salmon stocks which migrate beyond areas
of fisheries jurisdiction of coastal states of the Atlantic Ocean north
of 36°N latitude throughout their migratory range. The purpose of the
North Atlantic Salmon Conservation Organization is: (1) to promote the
acquisition, analysis, and dissemination of scientific information
pertaining to salmon stocks in the North Atlantic Ocean, and (2) to
promote the conservation, restoration, enhancement, and rational
management of salmon stocks in the North Atlantic Ocean through
international cooperation. Members include Canada, Denmark, the European
Union, Finland, Iceland, Norway, Sweden, the United States, and the
Russian Federation.

**Agreement Between the Government of the United States of America and
the Government of Canada Concerning Pacific Salmon, 1985;**

**Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631)**

The mission of the Pacific Salmon Commission is to serve as a forum for
cooperation between the United States and Canada in the establishment of
general fishery management regimes for the international conservation
and harvest sharing of intermingling North Pacific salmon stocks.

**Treaty on Fisheries Between the Governments of Certain Pacific Island
States and the Government of the United States of America, 1988;**

**South Pacific Tuna Act of 1988 (16 U.S.C 973-973r)**

This Treaty provides U.S. fishermen with the opportunity to fish within
the exclusive economic zones of some countries in the South Pacific
region under agreed terms and conditions. It prohibits U.S. fisheries of
any kind (not only tuna) except in accordance with the agreement. Only
purse seine fishing for tunas is allowed. A separate economic assistance
agreement between the United States and the South Pacific Forum
Fisheries Agency (FFA) is associated with the treaty. It calls upon the
United States to pay 14 million dollars annually to the South Pacific
nations through the FFA. The treaty requires the U.S. tuna industry to
pay \$4 million annually, in a lump sum, to the Pacific Island nations
through the FFA. Nations party to the agreement include Australia, Cook
Islands, Federated States of Micronesia, Fiji, Kiribati, Marshall
Islands, Nauru, New Zealand, Niue, Palau, Papua New Guinea, Solomon
Islands, Tonga, Tuvalu, Vanuatu, Western Samoa, and the United States.
The treaty and the economic assistance agreement entered into force on
June 15, 1988. The treaty has no expiration date. The economic
assistance agreement was initially agreed to extend for a five-year
period. In 1988, the treaty was amended and the economic assistance
agreement renegotiated and extended for an additional ten years.

**Convention on Biological Diversity, Rio De Janeiro, 1992**

The Convention on Biological Diversity is the main international forum
for addressing biodiversity. Its three objectives are conservation of
biological diversity, sustainable use of its components, and a fair and
equitable sharing of the benefits of genetic resources. This Convention
came into force in late 1993 and its Secretariat is located in Montreal.
While the United States signed the Convention in June 1993, it is not a
party at this time. The Senate Foreign Relations Committee favorably
reported it to the full Senate in June 1994, but concerns related to
domestic land use issues have stalled action on ratification.

The next Convention on Biological Diversity Conference of the Parties
will be in Bratislava in May 1998. In November 1995, this body adopted
the "Jakarta Mandate" on Marine and Coastal Biodiversity. Work has
proceeded slowly on five issues: integrated marine and coastal area
management, marine and coastal protected areas, sustainable use of
coastal and marine living resources, mariculture, and alien species.

**Convention for the Conservation of Anadromous Stocks in the North
Pacific Ocean, 1992; North Pacific Anadromous Stocks Act of 1992 (Title
VIII of P.L. 102-567)**

The North Pacific Anadromous Fish Commission serves as a forum for
promoting the conservation of anadromous stocks and ecologically related
species, including marine mammals, sea birds, and non-anadromous fish,
in the high seas area of the North Pacific Ocean. In addition, this
Commission serves as the venue for coordinating the collection,
exchange, and analysis of scientific data regarding the above species
within Convention waters. It also coordinates high seas fishery
enforcement activities by member countries (the Convention prohibits
directed fishing for salmonids and includes provisions to minimize the
incidental take of salmonids in other fisheries in the Convention area).
Members include Canada, Japan, the Russian Federation, and the United
States.

**Convention on the Conservation and Management of Pollock Resources in
the Central Bering Sea ("Donut Hole Agreement"), 1994**

This Convention establishes long-term measures for the conservation,
management, and optimum utilization of the Aleutian Basin Pollock stock
in the Central Bering Sea. The stock experienced a drastic decline prior
to the negotiation of this agreement, and remains at a low level of
abundance. There is currently a voluntary moratorium on fishing for
pollock in the "Donut Hole," although fishing may resume under the
Convention when stocks reach a sustainable abundance level. The
Convention requires that vessels fishing for pollock in the "Donut Hole"
use real-time satellite position-fixing transmitters and carry observers
on board. It also requires that any vessels fishing in the area consent
to boarding and inspection for compliance with the Convention by
enforcement officials of the member states. The agreement will aid in
ensuring the long-term health of pollock stocks in the Central Bering
Sea on which the U.S. pollock industry in the Pacific Northwest in part
depends. Parties include the People's Republic of China, Japan, the
Republic of Korea, Poland, the Russian Federation, and the United
States.

**Interim Agreement on Yukon River Salmon, 1995;**

**Yukon River Salmon Act of 1995 (16 U.S.C. 1821)**

The Yukon River Panel created by this agreement will make conservation
and management recommendations to the management entities designated by
each country, independent of the Pacific Salmon Commission. The Panel
will also undertake research, management, and restoration activities
within the Yukon River basin. The Yukon River is a major transboundary
river, rising in Canada and flowing to the Bering Sea through Alaska.
The Agreement institutionalizes cooperative conservation and management
and contains a provision, unique in international fishery agreements,
committing both the United States and Canada to protect salmon habitat
in the Yukon River region. The Agreement is in place while negotiations
continue on other difficult long-term issues and is currently being
extended.

**LIVING MARINE RESOURCESNEW AGREEMENTS NOT YET IN FORCE**

**Agreement to Promote Compliance with International Conservation and
Management Measures by Fishing Vessels on the High Seas (Compliance
Agreement)**

The Compliance Agreement builds upon the legal framework established by
the 1982 United Nations Convention on the Law of the Sea. The fishery
provisions of that Convention contain basic obligations for States whose
vessels fish on the high seas to cooperate in the conservation and
management of living marine resources. Under the Convention, flag States
must also ensure that there is a genuine link between themselves and the
vessels that fly their flag.

The Compliance Agreement builds upon those obligations in order to
address a growing threat to the integrity of multilateral fishery
organizations and international fisheries conservation and management
measures: Fishing vessels flying the flag of some States members of such
organizations have in the past increasingly reflagged to nonmember
states as a means to avoid fishing restrictions that would otherwise
apply.

Reflagging is only part of a larger problem. A growing number of newly
built high seas fishing vessels are registered directly, without
reflagging, in states that are not members of the major multilateral
fisheries organizations, precisely because these states are not bound by
the restrictions adopted by those organizations. The Compliance
Agreement is designed to address these situations and, more broadly, to
bring all high seas fisheries under greater control. The Agreement has
two primary objectives:

\(1\) to impose upon all states whose fishing vessels operate on the
high seas an array of obligations designed to make the activities of
those vessels consistent with conservation and management needs; and

\(2\) to increase the transparency of all high seas fishing operations
through the collection and dissemination of data.

These provisions establish a sound basis for conducting high seas
fishing while providing for the effective conservation and management of
living marine resources.

The Compliance Agreement forms an integral part of the FAO Code of
Conduct for Responsible Fishing which was adopted by the FAO Conference
in November 1995, and the Conference passed a resolution which urged
members and nonmembers of the FAO to accept the agreement and to bring
it into force as soon as possible. The agreement will come into force
upon its acceptance by 25 countries.

On November 3, 1995, President Clinton signed the Fisheries Act of 1995,
which contains the implementing legislation necessary to allow the
United States to accept the Compliance Agreement. The United States
deposited its instrument of acceptance for the Agreement with the FAO on
December 19, 1995. Thus far the European Union and nine countries have
deposited instruments of acceptance with the FAO.

**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, 1995**

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 Fish Stocks Agreement) was adopted on August
4, 1995.

The Agreement aims to reverse the global trend of declining fish stocks.
It preserves current conservation and management concepts expressed in
the United Nations Convention on the Law of the Sea. It also gives form
and substance to this Convention's mandate for States to cooperate in
conserving and managing straddling and highly migratory fish stocks. The
Agreement complements the 1993 Agreement to Promote Compliance With
International Conservation and Management Measures by Fishing Vessels on
the High Seas, which itself is an integral component of the FAO Code of
Conduct for Responsible Fisheries, and which was adopted in November
1995.

The Agreement lays out general principles to be followed by States to
conserve and manage the stocks in question. It prescribes a
precautionary approach to fishery management and advocates compatibility
in the measures adopted for stocks within areas of coastal State
jurisdiction and on the high seas. The Agreement specifies mechanisms
for cooperation between coastal States and distant water fishing States,
particularly the use of regional or subregional organizations or
arrangements. It also requires strict fisheries enforcement and the
collection and exchange of data on fishing operations, and requires
parties to settle disputes using the procedures established in the 1982
United Nations Convention on the Law of the Sea.

Nations that have ratified (the Agreement will enter into force when 30
nations ratify) include: Bahamas, Fiji, Iceland, Mauritius, Micronesia,
Nauru, Norway, Russia, St. Lucia, Samoa, Senegal, Solomon Islands, Sri
Lanka, Tonga, and the United States.

**International Dolphin Conservation Program (currently being
negotiated)**

This agreement, intended to formalize and strengthen the existing
International Dolphin Conservation Program's provisions mandating
dolphin conservation measures in the yellowfin tuna fishery in the
eastern tropical Pacific Ocean, is currently under development. The most
recent negotiating session, held the first week of February, 1998,
resulted in the conclusion of an agreed conservation program. Nations
involved include Colombia, Costa Rica, Ecuador, France, Japan, Mexico,
Nicaragua, Panama, the United States, Vanuatu, and Venezuela.

**Multilateral Agreement on the Conservation and Management of Highly
Migratory Species in the Western Pacific Ocean (currently being
negotiated)**

This agreement, intended to establish a management regime for highly
migratory species in the Western Pacific, is currently under
negotiation. The next working group sessions are scheduled for March
1998; a plenary session is scheduled in June 1998.

Nations involved in negotiations include: Australia, Cook Islands,
Federated States of Micronesia, Fiji, Kiribati, Marshall Islands, Nauru,
New Zealand, Niue, Palau, Papua New Guinea, Solomon Islands, Tonga,
Tuvalu, Vanuatu, Western Samoa, Japan, Taiwan, China, Korea, the
Philippines, and the United States.

**MARINE TRANSPORTATION**

**Convention on the Intergovernmental Maritime Consultative
Organization, 1948**

The Convention establishing the Intergovernmental Maritime Consultative
Organization, a specialized agency of the United Nations, entered into
force in 1958. The name of the organization was changed to the
International Maritime Organization (IMO) in 1982. The purpose of the
IMO is to provide machinery for cooperation among governments in
governmental regulation, policy, and practice relating to technical
matters of all kinds that affect shipping engaged in international
trade. It aims to encourage and facilitate the adoption of the highest
practicable standards in matters concerning maritime safety, efficiency
of navigation, and prevention and control of marine pollution from
ships. The IMO has 155 member states and two associate members. Many
non-governmental organizations and observers also participate in IMO
meetings. Since its inception, 30 Conventions and Protocols and over 700
codes and recommendations concerning maritime safety, prevention of
marine pollution, and related matters have been adopted under the
auspices of the IMO, some of which are discussed below. The IMO also
focuses on the effective enforcement and implementation of these
conventions, codes, and other instruments.

**International Convention on Civil Liability for Oil Pollution Damage
(CLC), 1969;**

**International Convention Establishing a Fund for Compensation of Oil
Pollution Damage (Fund Convention), 1971**

The CLC and Fund Convention were negotiated in 1969 and 1971
respectively, to establish an international regime of liability and
compensation for pollution damage from oil tanker spills. The CLC
established a regime of strict liability on tanker owners to pay for
damage up to \$20 million. Above this amount, the international fund
created by the Fund Convention provides additional compensation up to a
total per incident of about \$86 million. The United States never
ratified these conventions, due in large part to the limits which were
considered insufficient to cover damages and cleanup costs from major
oil spills. In 1984, Protocols were negotiated to both conventions which
increased ship owner liability to a maximum of nearly \$86 million, and
increased the total per incident compensation to about \$194 million
(the total compensation would rise to about \$260 million if the United
States were a party). After further technical amendments, these
Protocols were adopted in 1992 and entered into force internationally in
1996. The United States is not a party to either Protocol and has
adopted a unilateral domestic liability and compensation regime.

**International Convention for the Prevention of Pollution From Ships,**

**as amended (MARPOL Convention), 1973/1978**

The MARPOL Convention, which entered in force in 1983, is the primary
international agreement aimed at preventing or reducing intentional and
accidental discharges from ships into the marine environment. The MARPOL
Convention and mandatory Annexes I and II deal with discharges of oil
and noxious liquid substances in bulk, respectively. Optional Annexes
III, IV and V deal with packaged harmful substances, sewage, and
garbage, respectively. MARPOL and Annexes I, II, III, and V are in force
both internationally and for the United States. Annex VI, dealing with
air pollution from ships, was negotiated in 1997 but is not yet in
force. Another Annex, currently under negotiation, will be aimed at
preventing the introduction of aquatic nuisance species, such as the
zebra mussel, through ships ballast water.

The MARPOL Convention greatly reduces the amount of oil and ship
generated waste which can be discharged into the sea by ships and bans
such discharges completely in certain special areas. For example, the
Caribbean and Gulf of Mexico have been designated as special areas where
the dumping of ship generated waste, including plastic, is prohibited.
This designation will become effective as soon as adequate reception
facilities for such waste are available in the region.

**International Convention on Oil Pollution Preparedness, Response, and
Cooperation (OPRC Convention), 1990**

The OPRC Convention, which entered into force in 1995, was negotiated to
provide an international framework for cooperation in combating and
responding to major oil pollution incidents, and to enhance existing
national, regional, and global capabilities concerning oil pollution,
preparedness, response, and cooperation. The OPRC Convention encourages
all parties to enter into bilateral and regional response agreements to
prepare for and respond to oil spills, and establishes a voluntary
mechanism for parties to provide technical assistance in the form of
equipment and training to other parties that request it. It also
requires parties to establish national systems for preparedness and
response which would include shipboard oil pollution emergency plans,
and reporting requirements for oil pollution incidents. Even before the
OPRC Convention entered into force, its provisions on cooperation were
effectively utilized on a provisional basis to respond to the massive
oil pollution of the Persian Gulf during the 1991 Gulf War.

**International Convention on Liability and Compensation for Damage in
Connection with the Carriage of Hazardous and Noxious Substances by Sea
(HNS Convention), 1996**

The HNS Convention establishes an international regime of liability and
compensation for damages resulting from maritime accidents involving the
carriage of hazardous and noxious substances, similar to the
international liability and compensation regime for oil which is
described above. Maximum ship owner liability is set at approximately
\$133 million and the international fund will increase the total per
incident compensation to approximately \$334 million. At present, only
one State is a party to the Convention but several European States and
Canada are well along in the ratification process. The Clinton
Administration is in the process of deciding whether to submit the HNS
Convention to the Senate for advice and consent. Several difficult
issues are under consideration, including preemption of U.S. liability
statutes, which were particularly troublesome in the context of the
international liability and compensation regime for oil.

**International Convention on supplemental Compensation for Nuclear
Damage (Supplemental Convention on Nuclear Damage) 1997**

The Supplemental Convention on Nuclear Damage, was negotiated under the
auspices of the International Atomic Energy Agency to provide
supplemental compensation for civil damages resulting from a nuclear
accident, including an accident involving the transport of nuclear
materials by sea. It establishes an international fund that would
provide compensation of approximately \$400 million, over the first
\$400 million of the liability limits provided by a party's domestic
legislation. In order to become a party to the Supplemental Convention a
State's liability legislation or international obligations must meet
certain minimum criteria, including strict liability, channeling of
liability to the operator, and a single forum for jurisdiction among
parties. It also creates a mechanism that facilitates States entering
into global international agreements on civil nuclear liability that
does not currently exist.

**THE ANTARCTIC AND ARCTIC**

**The Antarctic Treaty, Washington, 1959**

The Antarctic Treaty, which entered into force in 1961, applies to the
area south of 60°S including all ice shelves. The Treaty guarantees
freedom of scientific research in Antarctica; establishes Antarctica as
a zone reserved exclusively for peaceful purposes; bans military
activities, including weapons testing; and prohibits nuclear explosions
and the disposal of radioactive waste. It also provides the right of
onsite inspection of all stations and installations in Antarctica to
promote the objectives of the Treaty and to ensure compliance with its
provisions. The Treaty freezes the question of previously asserted
rights and claims to territorial sovereignty in Antarctica, and provides
that no acts or activities carried out while the Treaty is in force will
constitute a basis for a claim. The Antarctic Treaty provided for
consultative meetings to exchange information, consult on matters of
common interest, and recommend measures in furtherance of the principles
and objectives of the Treaty.

As a result of these consultative meetings, approximately two hundred
recommendations have been agreed to by the consultative parties. The
recommendations incorporate measures to give effect to the principles
and purposes of the Antarctic Treaty. Recommendations adopted at
consultative meetings include initiatives which have led to the
conclusion of separate agreements which address resource issues. Two
such agreements are in force: the Convention for the Conservation of
Antarctic Seals (concluded 1972, entered into force 1978) and the
Convention on the Conservation of Antarctic Marine Living Resources
(concluded 1980, entered into force 1982).

The consultative parties adopted a Protocol on Environmental Protection
in Madrid on October 4, 1991, which entered into force on January 14,
1998. The Protocol designates Antarctica as a natural reserve, devoted
to peace and science, and sets forth basic principles and detailed
mandatory rules applicable to human activities in Antarctica, including
obligations to accord priority to scientific research. The Protocol also
establishes a Committee on Environmental Protection as an expert
advisory body to provide advice and formulate recommendations for
consideration at the consultative meetings.

The Treaty is open to any member of the United Nations. Thirty-one
additional countries have joined since it came into force in 1961:
Austria, Brazil, Bulgaria, Canada, China, Colombia, Cuba, the Czech
Republic, Denmark, Ecuador, Finland, Germany, Greece, Guatemala,
Hungary, India, Italy, the Republic of Korea, the Netherlands, Papua New
Guinea, Peru, Poland, Romania, the Slovak Republic, Spain, Sweden, and
Uruguay. Of these, Brazil, China, Ecuador, Finland, Germany, India,
Italy, Republic of Korea, the Netherlands, Peru, Poland, Spain, Sweden,
and Uruguay have since become consultative parties entitled to attend
and vote at consultative meetings provided for under Article IX of the
Antarctic Treaty. Consultative status is open to representatives of any
acceding party during such time as that party demonstrates its interest
in Antarctica by the conduct of substantial scientific research there.
Representatives of all other Antarctic Treaty parties may participate in
consultative meetings as observers if they wish to do so. These meetings
are held annually to consult on matters of common interest to Antarctica
and to recommend to the Consultative party governments measures which
will further the objectives of the treaty.

**The Convention for the Conservation of Antarctic Marine Living
Resources, 1980**

The Convention for the Conservation of Antarctic Marine Living Resources
establishes the legal obligations and mechanism for dealing with fishing
activities in the waters around Antarctica. This Convention requires
that management action take into account the impact of activities on all
living organisms in the Antarctic ecosystem. More specifically, the
objectives of the Convention are to ensure that:

\(a\) exploited populations not be allowed to fall below a level close
to that which ensures their greatest net annual increase;

\(b\) depleted populations be restored to such levels;

\(c\) ecological relationships between harvested, dependent, and related
species be maintained; and

\(d\) risks of changes to the marine ecosystem that are not potentially
reversible over two or three decades be minimized.

The original signatories to the Convention were Argentina, Australia,
Belgium, Chile, France, the Federal Republic of Germany, the German
Democratic Republic, Japan, New Zealand, Norway, Poland, South Africa,
the United Kingdom, the United States, and the U.S.S.R. It entered into
force on April 7, 1982.

**Declaration on the Arctic Council, 1996**

The eight Arctic governments[^1] met in Ottawa on September 19, 1996,
and signed the Declaration on the Arctic Council, which established the
Arctic Council as a high-level forum to promote cooperation among the
Arctic states on issues of mutual concern that require circumpolar
cooperation. The Council incorporates the structure of the Arctic
Environmental Protection Strategy, which was created in 1991 to foster
cooperation in solving Arctic environmental problems. In establishing
the Council, the Arctic governments took particular note of the
important role Arctic science and research play in adding to the
collective understanding of the circumpolar Arctic. The Arctic Council
currently comprises four subsidiary groups: Arctic Monitoring and
Assessment Program, Conservation of Arctic Flora and Fauna, Protection
of the Arctic Marine Environment, and Emergency Prevention, Preparedness
and Response. Two of the most notable results of the Arctic
Environmental Protection Strategy and the Arctic Council in the area of
protecting northern waters have been the publication of *Arctic Offshore
Oil and Gas Guidelines* in English and Russian, as well as ongoing
activities within the Protection of the Arctic Marine Environment
working group to develop a "Regional Program of Action for the
Protection of the Arctic Marine Environment from Land-Based Activities."
The Arctic Council is a forum for consultation but does not have an
independent organizational structure with a secretariat.

**Agreement on the Conservation of Polar Bears**

In 1973, the United States, Norway, Denmark, Canada, and the former
Soviet Union signed the international Agreement on the Conservation of
Polar Bears. The United States ratified the Agreement in 1976. Under the
terms of the Agreement, it became the responsibility of each nation to
develop conservation programs to promote compliance with the Agreement.
The Marine Mammal Protection Act of 1972, as amended, served that
purpose, vesting authority in the U.S. Fish and Wildlife Service for the
management and conservation of polar bears. Both the Agreement and the
Marine Mammal Protection Act prohibit the take of polar bears in United
States territory except in specified circumstances (by Alaskan Natives
for subsistence purposes).

**LIST OF ACRONYMS**

FAO Food and Agriculture Organization (United Nations)

FFA South Pacific Forum Fisheries Agency

ICES International Council for the Exploration of the Sea

IMO International Maritime Organization

UN United Nations

UNEP United Nations Environment Programme

[^1]: The United States, Canada, Denmark/Greenland, Finland, Iceland,
    Norway, Russia, and Sweden.