Link to text of agreement
Status of agreement

Objectives

The main objectives are: (1) to establish an international regime for conservation. management, and optimum utilization of pollock resources in the Convention Area; (2) to restore and maintain the pollock resources in the Bering Sea at levels which will permit their maximum sustainable yield; (3) to cooperate in the gathering and examining of factual information concerning pollock and other living marine resources in the Bering Sea; and to provide, if the Parties agree, a forum in which to consider the establishment of necessary conservation and management measures for living marine resources other than pollock in the Convention Area as may be required in the future.

Scope

 - Legal

Pollock.

 - Geographic

The high seas area of the Bering Sea (beyond 200 nautical miles from the baselines from which the breadth of the territorial sea of the coastal States the Bering Sea is measured). Activities under the Convention, for scientific purposes, may extend beyond the Convention Area within the Bering Sea.

Organizational mechanism

To administer and implement the Agreement, Annual Conferences of the Parties are held and a Scientific and Technical Committee has been established.

The Convention on the Conservation and Management of Pollock Resources Central Bering Sea was adopted in 1994, following concern about an extensive distant-water fishery that had developed in the mid-to-late 1980s in the high seas enclave (known as the "Donut Hole") of the central Bering Sea area of the Aleutian Basin, beyond the US and Russian 200-mile zones. The negotiations for the agreement were quite prolonged, ultimately concluding with the initialling of the text on 11 February 1994 after 3 years of negotiations. The Convention was the formally signed on 16 June 1994 by the People's Republic of China, the Republic of Korea, the Russian Federation and the United States. Japan and Poland signed it on 4 August 1994 and 25 August 1994, respectively. The Convention entered into force on 8 December 1995 (for Russia, Poland, China and the United States). Japan (on 21 December 1995) and Korea (on 4 January 1996) became parties subsequently.

Objectives and scope

The objectives of the Convention, which applied to pollock only (but may be extended in scope by agreement amongst the parties) are:

1. to establish an international regime for conservation, management, and optimum utilization of pollock resources in the Convention Area [the high seas area of the Bering Sea beyond the U.S. and Russian 200-mile jurisdictions];

2. to restore and maintain pollock resources in the Bering Sea at levels which will permit their maximum sustainable yield;

3. to cooperate in the gathering and examining of factual information concerning pollock and other living marine resources in the Bering Sea; and

4. to provide, if the Parties agree, a forum in which to consider the establishment of necessary conservation and management measures for other living marine resources in the Convention Areas as may be required in the future.

Participation

The Convention was initially open for signature, and then ratification or accession, by the six interested States: the People's Republic of China, Japan, the Republic of Korea, the Republic of Poland, the Russian Federation and the United States. Other States whose nationals and fishing vessels wish to conduct fishing for pollock in the Convention Area may be invited to become parties by unanimous agreement of the existing parties.

Organizational structure

The Convention does not provide for a commission. It does, however, specify that parties will convene an Annual Conference and establish a Scientific and Technical Committee. The functions of the Annual Conference are, inter alia, to establish an annual harvest level for pollock in the Convention Area, establish an annual individual national pollock quota for each party, adopt appropriate pollock conservation and management measures, establish a Plan of Work for the Scientific and Technical Committee and discuss cooperative enforcement measures and receive enforcement reports from each party.

The primary functions of the Scientific and Technical Committee are to compile, exchange, and analyze information on fisheries harvests, fish stocks and other living marine resources in accordance with the Plan of Work established by the Annual Conference and to investigate other scientific matters as may be referred to it by the Annual Conference. The Committee also makes recommendations to the Annual Conference regarding the conservation and management of pollock, including the annual harvest level.

Settlement of disputes

No formal binding mechanism for the settlement of disputes is provided. Article XIII of the Convention simply provides that if any dispute arises between two or more of the parties concerning, those parties should consult among themselves with a view to having the dispute resolved by available peaceful means of their own choice.

Main provisions and functions

The Convention sets out a long list of functions, to be carried out by the parties (and agreed upon through their Annual Conferences), including:

- establishing the allowable harvest level for pollock in the Convention Area;
- establishing individual national quotas for each party;
- adopting other appropriate conservation and management measures for the pollock resources in the Convention Area;
- establishing a plan of work for the Scientific and Technical Committee;
- consideration of the effect of trial fishing operations for pollock and other matters related to the conservation and management of living marine resources other than pollock in the Convention Area;
- discussion of fishery support operations in the Convention Area, including the environmental impact of such operations.

The parties are also to review compliance and enforcement measures, including consideration of national reports relating to measures taken to investigate and penalize violations of provisions of the Convention and consideration of cooperative schemes established under the Convention.

An Annex to the Convention, which can be amended by the Annual Conference, sets out the allowable harvest level. According to the Annex, no fishing is permitted in the Convention area unless the biomass of the Aleutian Basin stock exceeds a threshold of 1.67 million metric tons. Above this level and below a biomass level of 2.5 million tons, the Annex fixes progressive allowable harvest levels. Above 2.5 million tons, the allowable level is to be determined by the parties.

Compliance and enforcement

The primary responsibility for enforcement rests with the flag State. Thus flag States are to ensure that fishing vessels have the necessary authorizations and that fishing activities are carried out in accordance with the conditions of the authorization. The Convention also specifies several cooperative measures for compliance and enforcement, however. Thus, all vessels fishing for pollock are required to take on board an observer (in accordance with the Central Bering Sea Observer Program, the essential elements of which are set out in the Convention), to be fitted with satellite monitoring devices and to notify entry to and exit from the Convention area and to notify the other parties of the location of any transhipments. The Convention also permits officials of parties other than the flag State to board and inspect fishing vessels, although the responsibility for following up any suspected infringements remains with the flag States.

- Internet sources

 - Bibliographic references

 - Additional treaty references

TIAS 11465

Internet Guide to International Fisheries Law
Created by Christopher Hedley
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