The Management of Marine Regions: The North Pacific: An Analysis of Issues Relating to Fisheries, Marine Transportation, Marine Scientific Research, and Multiple Use Conditions and Conflicts [Reprint 2019 ed.] 9780520311749

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The Management of Marine Regions: The North Pacific

The Management of Manne Regions: The North Pacific An Analysis of Issues Relating to Fisheries, Marine Transportation, Marine Scientific Research, and Multiple Use Conditions and Conflicts

EDWARD MILES, STEPHEN GIBBS, DAVID FLUHARTY, CHRISTINE DAWSON, AND DAVID TEETER with WILLIAM BURKE, WLODZIMIERZ KACZYNSKI, AND WARREN WOOSTER

UNIVERSITY OF CALIFORNIA PRESS BERKELEY

L o s ANGELES

LONDON

UNIVERSITY

OF CALIFORNIA

PRESS

Berkeley and Los Angeles. California

UNIVERSITY

OF CALIFORNIA

PRESS.

LTD.

London. England

COPYRIGHT ©

1 9 8 2 BY T H E R E G E N T S O F T H E UNIVERSITY O F CALIFORNIA

Library of Congress Cataloging in Publication Data Main entry under title: The Management of marine regions. Includes bibliographical references and index. I. Fishery management. International—North Pacific O c e a n . 2. Marine resources and state—North Pacific Ocean. 3. Shipping—North Pacific Ocean—Government policy. 4. Marine sciences—Research—North Pacific Ocean— Government policy. 5. Fishery policy—North Pacific Ocean. 6. Maritime law—North Pacific Ocean. I. Miles, Edward L. SH214.2.M36 333.91'64'09I644 81-19657 ISBN 0-520-04458-4 AACR2

P R I N T E D IN T H E U N I T E D STATES O F AMERICA

1 2 3 4 5 6 7 8 9

For the late Donald L. McKernan, the Faculty, and Students of the Institute for Marine Studies, University of Washington

Contents

List of Tables List of Figures Abbreviations Preface Acknowledgments

xvii xxiii xxv xxix xxxiii

1. Introduction

1

Regions, Regionalism, and Applications to Ocean Management The North Pacific as a Marine Region Fisheries Marine Transportation Marine Scientific Research Multiple Use Conditions and Conflicts Plan of the Book PART I:

2 3 4 8 11 12 13

Living Resources in the North Pacific

2. Development of Living Resources Under the Regime of the High Seas Distribution of Living Resources Environmental Conditions Distribution of Major Commercial Species Demersal Species Pelagic Species Anadromous Species Crustaceans Cephalopods Marine Mammals Seabirds Seaweeds The Development of Fisheries Canada Japan Democratic People's Republic of Korea (DPRK)

17 17 18 21 22 24 25 25 26 26 27 27 28 28 29 31 vii

viii

CONTENTS

Republic of Korea (ROK) Union of Soviet Socialist Republics (USSR) United States (U.S.) Other Nations Trends in Development of Fisheries Socioeconomic Descriptors Employment Size of Fleet International Trade Consumption Summary 3. Traditional Regime for Fisheries Management Claims to Exclusive Access International Arrangements Multilateral Long-Term Agreements Participants Objectives Scope: Species, Geography, Time Organizational Competence to Prescribe and DecisionMaking Procedures Actions Effects Bilateral Long-Term Agreements Participants Objectives Scope: Species, Geography, Time Organizational Competence to Prescribe and DecisionMaking Procedures Actions Effects Bilateral Short-Term Agreements Northeast Pacific Bilaterals Gear Conflicts Access to Areas of National Jurisdiction Allocation of Stocks Research Operations and Dissemination of Information Visits Aboard Fishing Vessels Conclusions 4. Conflicts Over Living Resources Under Traditional Fisheries Regime and Trends Toward Extended Coastal State Jurisdiction General Consideration of Fishery Conflicts

31 31 33 33 34 39 40 41 46 48 51 52 52 54 55 55 55 56 57 58 62 63 63 64 65 66 70 74 75 75 76 77 78 80 81 82 83 84

CONTENTS

Coastal Fishing Distant-Water Fishing Claims to Prescribe for Management Claims to Prescribe for Conservation Sealing Salmon Halibut Crab Whaling Herring Other Fisheries Claims to Prescribe for Allocation Salmon Crab Halibut Herring Other Fisheries Claims to Accommodate Fishing Practices Gear Conflicts Incidental Catch Claims to Enforce Prescriptions The Trend in Fisheries Conflicts Trends Toward Extended Coastal State Jurisdiction Trends in the Law of the Sea and Actions by Canada and the United States Responses to the USSR, Japan, the Democratic People's Republic of Korea, and the People's Republic of China 5. Extended Jurisdiction: A Comparative Analysis of the Acts and Management Regimes General Scope of Authority General Objective Geographic Coverage Functional Coverage and Degree of Exclusivity Species Coverage Prescriptive Jurisdiction Activities Within National Jurisdiction Allocation Principles Anadromous Stocks Highly Migratory Species Enforcement Jurisdiction Invocation

ix

85 86 88 88 88 90 97 99 100 101 102 106 106 108 109 109 109 110 111 113 115 120 120 120 125 128 129 129 129 132 134 135 135 136 140 142 143 143

X

CONTENTS

Application Management Regimes Draft Convention Canada Japan Soviet Union United States The Future Management Regime Predictions Creation of Regional Law Conclusion

144 146 146 146 147 148 149 151 152 153 155

6. Assessment of the Implications of Extended Coastal State Jurisdiction

156

Claims to Prescribe for Management: The Northeast Pacific United States Bering Sea and Aleutian Islands Groundfish Gulf of Alaska Groundfish Halibut Incidental Catch Tanner Crab High-Seas Salmon Fisheries of Japan U.S.-Canada Salmon Pacific Groundfish Enforcement Summary Canada Claims to Prescribe for Management: The Northwest Pacific The Japan —USSR Negotiations on the Long-Term Bilateral Fishery Agreement, 1978 Claims for Access to Markets: The Northeast and Northwest Pacific The Problem of Import Restrictions The Problem of Joint Ventures The Korea Marine Industry Development Corporation Proposal The USSR Ministry of Fisheries (Sovrybfiot)—Bellingham Cold Storage Proposal The Poland —Mrs. Paul's Kitchens Proposal The ROK-Ketchikan Proposal Policy Issues Claims to Delimit Economic Zones and Other Boundaries: The Northwest Pacific Petroleum in the East China and Yellow Seas Territorial Conflicts Over Takeshima and Senkaku Islands Claims to Delimit Boundaries: The Northeast Pacific

158 158 158 161 165 167 168

170 173 176 178 180 181

182

188 193 193 202 203 207 207 207 208 213 214 216

217

CONTENTS

xi

The Long-Term Implication of Fisheries Management Under Extended Jurisdiction 7. Alternatives for Distant-Water Fishing States, Primarily in the Northeast Pacific Northeast Pacific Distant-Water Fisheries in International Perspective Expansion Prior to Extended Jurisdiction Main Economic Factors—The Case of Socialist Fisheries Economic Impact of Extended National Jurisdiction Utilization of Fishery Resources Within 200-Mile Fisheries Zones High Seas Living Resources as an Alternative for Long-Range Fleets Implications for the Northeast Pacific Coastal Nations License Fees and Surplus Quota Allocation License Fees Based on Dockside Value in the U.S. Market Ex-Vessel Price Based on Foreign Notations Costs-Benefits Studies as a Basis for Ex-Vessel Price Determination Possible Direct Benefits and Constraints of Lower Market-Value Species, Using Foreign Fleets Processing and Marketing Aspects Joint Development of Lower Market-Value Species Summary PART II:

218 224 225 225 234 240 240 247 251 251 259 260 263 264 269 270 273

Marine Transportation on the North Pacific

8. International Marine Transportation Financial Aspects of Shipping The Charter Market for Deep-Sea Trades Recent Events Affecting Freight Rates The United States Domestic Tankship Market Liner Shipments The Minibridge System Physical Setting of Trade Patterns of Marine International Trade North Pacific Trade and Total World Trade Trends in Patterns of Commerce Commodity Trades by Country Bulk Petroleum Trades Conclusions 9. Existing Regulatory Regime Governing Marine Transportation International Rules Governing Coastal State Jurisdiction

279 279 280 284 286 290 290 292 293 294 298 300 304 307 308 309

xii

CONTENTS

The Regulation of Navigation International National United States Canada Japan Regulation of Vessels Carrying Dangerous Cargoes International Deliberate Oil Discharge Accidental Oil Spills Dumping National Design, Construction, and Manning Dangerous Cargo Carriers Oil Pollution Prevention and Containment Enforcement Conclusions 10. Emerging Regulatory Trends and Their Implications for Ocean Commerce Changing International Rules and Their Consequences for Navigation The International Convention for the Prevention of Pollution from Ships (MARPOL) Conference on Tanker Safety and Pollution Prevention Other Multilateral Instruments of Consequence to Navigation UNCLOS III Negotiations and the Draft Convention on the Law of the Sea Prescription Enforcement Flag States (FS) Coastal States (CS) Port States (PS) Changing National Claims to Jurisdiction United States Canada Shipping Policy Developments of Consequence for Marine Transportation Future Developments and Their Implications for Navigation and Shipping Conclusions

310 310 312 312 313 313 314 314 315 315 316 317 317 318 319 320 322 323 323 325 326 327 327 328 328 329 329 330 331 332 332 340 342

11. New Technologies of Transportation and the Problem of Tanker-Originated Pollution

345

Worldwide and Regional Marine Oil Pollution Levels Environmental Consequences

345 349

CONTENTS

Xiii

A Socioeconomic Framework for Evaluating Policy Alternatives Major Technological Alternatives Load-On-Top Segregated Ballast Tanks Crude Oil Washing Double Bottoms Restriction of Cargo Tank Size International Efforts to Control Oil Discharges from Tankers The Tanker Safety and Pollution Prevention Conference of 1978 Comments on the Protocols and Plans for Implementation Consequences for the North Pacific Conclusions

PART HI:

354 357 357 360 362 367 372 374 377 378 384 384

Marine Scientific Research in the North Pacific

12. International Arrangements Affecting Marine Scientific Research International Fishery Agreements Long-Term Agreements Participation Research Objectives Resources Strategies Outcomes Conditions Other Regional and Global Marine Research Mechanisms International Council for the Exploration of the Sea (ICES) Participation Objectives Resources Strategies Outcomes Conditions International Whaling Commission (IWC) Participation Objectives Resources Strategies Outcomes Conditions The Northwest Atlantic Fisheries Organization (NAFO) Draft Antarctic Convention on Living Marine Resources

389 390 390 390 391 392 394 397 397 399 400 400 401 402 404 404 404 404 405 405 405 406 408 408 408 410

xiv

CONTENTS

Proposed Intergovernmental Oceanographic Commission (IOC) Working Group for the Western Pacific and Adjacent Waters (WESTPAC) Background Participation Objectives Resources Strategies and Outcomes Bilateral Agreements on Research Agreements Concerning Fisheries Research Agreements on Oceanographic Research Implications of Review and Analysis Participation Objectives Resources Strategies and Outcomes 13. The Need for a North Pacific Science Organization Reasons for Establishing a New Scientific Organization Purpose and Activities Informal Discussions of Proposal Analysis of Issues Scientific Issues General Issues Conclusions Epilogue PART

411 411 411 411 412 412 412 412 415 416 416 417 417 418 419 419 420 420 421 421 424 425 426

iv: Multiple Use Conditions and Conflicts of the North Pacific

14. Management of Multiple Use Conflicts—Offshore Oil Development, Marine Pollution, and Other Uses Methodological Considerations Offshore Oil Development Canada Democratic People's Republic of Korea (DPRK) Japan People's Republic of China (PRC) Republic of Korea (ROK) USSR United States Summary of Oil Development Marine Pollution Synthetic Organic Compounds

431 432 435 436 437 437 439 440 441 442 449 452 454

XV

CONTENTS

Heavy Metals Petroleum Ocean Dumping Radionuclides Nutrient Pollution Litter Other Multiple Use Conflicts Fishing with Marine Transport Marine Communication Cables with Other Uses Military Uses with Other Uses Ocean Mining with Other Uses Offshore Energy and Biomass Production with Other Uses Protection of Marine Habitats and Animals with Other Uses Marine Science with Other Uses Observations Concerning Multiple Use Conflicts in the North Pacific

PART V:

457 460 469 472 476 478 479 479 480 481 481 483 483 485 486

Conclusions

15. Legacy of the Past and Directions for Future Marine Policy in the North Pacific Living Resources Marine Transportation Marine Scientific Research Seabed Disposal of High-Level Radioactive Waste What Can Be Learned from the North Pacific Experience?

493 494 498 501 506 507

Appendixes A - Maps of Fisheries Convention Boundaries in the North Pacific

513

B — List of International Agreements for North Pacific Fisheries

515

C — Allocation Arrangements for the North Pacific

533

D — Articles from the Draft Convention on the Law of the Sea, Dealing with Living Resources in the Exclusive Economic Zone

538

E — Law on Provisional Measures Relating to the Fishing Zone (Japan) F — Union of Soviet Socialist Republics: Edict on Provisional Measures for the Preservation of Living Resources and the Regulation of Fishing in Marine Areas Adjacent to the Coast of the USSR

546

554

XVI

CONTENTS

G -

Highly Migratory Species

557

H -

International Fishery Commissions

558

1 — Discussion of Questions Concerning the Proposed International Council for Scientific Investigation of the North Pacific

568

Notes

579

Index

645

Tables

1.1

North Pacific State Catches as Percent of National Catch

4

1.2

Passage of Ships Through Major Narrow Straits, Japan, 1974

9

2.1

Bathymetry of the North Pacific and Adjacent Seas

19

2.2

North Pacific Fish Harvests Compared to World Harvests ( 1 9 7 0 - 1977)

35

2.3

Percentage of World Fish Harvests Taken by North Pacific Nations ( 1 9 6 0 - 1977)

36

2.4

North Pacific Fish Harvests as a Proportion of Total National Harvests ( 1 9 6 0 - 1977)

37

2.5

Percentage Share of Total North Pacific Fish Harvest ( 1 9 7 0 - 1977)

39

2.6

Trends in Fisheries Employment in the North Pacific ( 1 9 5 0 - 1 9 7 6 )

42

2.7a

Fishing Vessels of North Pacific Nations in Relation to Total World Fishing Fleet (1969, 1976, 1978)

44

2.7b

Fish Factory Vessels and Carriers of North Pacific Nations in Relation to Total World Fishing Fleet (1969, 1976, 1978)

45

2.8

Trade in Fishery Products by North Pacific Nations ( 1 9 7 0 - 1 9 7 6 )

47

2.9

Consumption of Fish Products by Nation ( 1 9 6 0 - 1 9 7 6 )

49

2.10

Importance of Fish in Food Supply, North Pacific Nations

50

4.1

Japanese Fishing Vessels Seized and Released by the USSR, 1 9 4 6 - 1 9 7 6

4.2

Japanese Fishing Vessels Seized by Korea, 1946-1962

4.3

Japanese Fishing Vessels and Crew Seized by the People's

94 103

Republic of China, 1 9 5 0 - 1 9 6 2

104

4.4

Japanese Damage Claims Against the Soviet Union, 1971— 1976

112

4.5

Enforcement Provisions of Selected Fisheries Conventions in the North Pacific

116

4.6

Soviet and Japanese Catches in the Northwest Atlantic and Northeast Pacific, 1 9 7 4 - 1 9 7 6

125

xvii

XVU1

4.7 6.1 6.2 6.3

CONTENTS

North Korean Extended Jurisdiction and Japanese Fisheries, 1976

127

Bering Sea and Aleutian Islands Groundfish Stock Assessments and Allocations

159

Ex-Vessel Values Used as Basis for Fee Schedules, Bering Sea and Aleutian Islands

161

Gulf of Alaska Groundfish Stock Assessments and Allocations

163

6.4

Ex-Vessel Values as Basis for Fee Schedule, Gulf of Alaska

165

6.5

Tanner Crab Stock Assessment and Allocation

169

6.6

Pacific Groundfish Stock Assessments and Allocations

177

6.7

Foreign Allocations in the Canadian Pacific Extended Fisheries Zone, 1977-1979

182

Japanese Total Catch for 1975 in Soviet Zone and Estimated Annual Catches for Foreign Fishermen in the Japanese Zone

184

Initial Japanese Proposals and Final Allocations for Fishing in the Soviet Zone, April-December 1977

185

Curtailment of Japanese Fishing Vessels in the North Pacific, 1977

189

Curtailment of Japanese Fishing Vessels in the United States' 200-Mile Exclusive Fisheries Zone

189

Japanese Quota for 1978 in the Soviet 200-Mile Fisheries Zone

190

Soviet Quota for 1978 in the Japanese 200-Mile Fisheries Zone, Compared with the Soviet 1976 Catch in the Same Area

190

Value of Japanese Fisheries Imports vs. Value of Total Imports, 1967-1976

193

Value of Japanese Fisheries Exports vs. Value of Total Exports, 1967- 1976

194

Japanese Fisheries Imports from Top Ten Countries, 1967-1976

195

6.8

6.9 6.10 6.11 6.12 6.13

6.14 6.15 6.16 6.17

Japanese Fisheries Exports to Top Ten Countries, 1967-1976

197

6.18

Japanese Joint Ventures in Fisheries

203

6.19

Japanese Investment in Alaskan Fisheries

204

CONTENTS

xix

6.20

Foreign Investment in the B.C. Fish Processing Industry

205

7.1

Catches as Percentage of National Total Taken by Local and Distant-Water Fleets

226

7.2

Volume of Catch by Selected Distant-Water Fleets, 1965-1975

228

7.3

Important Fish Species in Long-Range Fishing Operations

229

7.4

Trawlers and Fishing Vessels of Selected Distant-Water Fishing Nations (1976)

230

Fish Carriers and Fish Factories in Selected Countries During 1976

231

Tonnage of Fishing Vessels and Support Ships (over 100 GRT) of the Most Important Fishing Nations in 1974 and 1976

232

7.5 7.6

7.7

Per Capita Consumption of Fish and Meat in USSR and Poland

236

7.8

Production Costs of Fish Protein in Poland

237

7.9

Harvesting Costs of the Polish Distant-Water Fleet

238

7.10

USSR Capital Investments in Fishing Fleet, 1961 —1975

240

7.11

Russian and Polish Industrial Fishing Fleet Capacity

241

7.12

Volume of Catch and National Quotas for Foreign Northeast Pacific Fisheries

245

Present and Potential Catch of the Principal Commercial Species in the World Ocean

248

7.13 7.14

Value of Catch and Poundage Fees for Foreign Quota Allocations in the Northeast Pacific

252

7.15

Fish Products and Processing on Factory Trawlers

259

7.16

Ex-Vessel Price Notations in Seattle Fish Terminal for Alaska Pollock and By-Catch Species

261

7.17

Average 1976 Ex-Vessel Price of Bottom Species Harvested by Japan

262

Average Ex-Vessel Prices for Round Alaska Pollock and Cod in the USSR and Poland (1976)

262

Estimated Ex-Vessel Prices for Alaska Pollock in Principal Harvesting Countries

263

Alaska Pollock Fishing Potential and Allocations for Domestic and Foreign Fleets

265

7.18 7.19 7.20

XX

7.21 7.22

CONTENTS

Storage of Alaska Pollock and Preserving Method on Board

267

Balance Sheet of Coastal and Distant-Water Fisheries and Species of Low Market Value

271

8.1

Worldscale Reference Crude Oil Tanker Characteristics

280

8.2

Worldscale Flat Rates for the North Pacific Bulk Petroleum Trades (September 1978)

281

8.3

Existing Bulk Fleet July 1, 1979

287

8.4

American Tanker Rate Schedule Reference Crude Oil Tanker Characteristics

288

8.5

American Tanker Flat Rates (September 1978)

288

8.6

Trans-Siberian Landbridge Total Traffic

292

8.7

Regional Economic Indicators: GNP, Population, Trade Value

297

8.8

U.S. Pacific Coast and Alaska Trade with Japan

299

8.9

Chinese Oil Exports

305

8.10

Japanese Petroleum Imports

305

8.11

Soviet Oil Trades (Exports)

306

10.1

Liner Conferences Serving Japanese Ports

335

10.2

Trans-Pacific Conference and Rate Agreements Serving U.S. West Coast Ports as of May 1975

336

10.3

Conferences Serving West Coast Canadian Ports

336

10.4

FESCO Lines Serving U.S. Ports

337

10.5

Soviet Merchant Fleet Growth

338

11.1

Petroleum Hydrocarbons Dumped into the World Ocean

346

11.2

World Ocean borne Crude Oil and Products Trade

346

11.3

Principal North Pacific Crude Oil and Products Seaborne Trade (Imports) Crude Oil and Products Spilled in North Pacific

347

Tanker Casualties

348

11.5

Summary of Reported Oil Spills in the North Pacific (1954- 1979)

350

11.6

Oil Spills Reported in Waters Off Japan (1966-1978)

351

11.7

Crude Washing Economics for Integrated Oil Company

365

11.8

Crude Washing Economics for Independent Tanker Owner

366

11.9

Segregated Ballast Tank Capacity

376

11.10

Tanker Safety and Pollution Prevention Conference Results

379

11.4

CONTENTS

12.1

XXI

International Pacific Halibut Commission Budget 1970-1978

393

12.2

Annual Budgets of Selected Fisheries Commissions

393

12.3

National Distribution of ICES Officers, 1977

401

14.1

Canadian Government Offshore Hydrocarbon Exploration

436

14.2

OCS Oil and Gas Lease Sales on the West Coast of the U.S. 1954-1979

443

U.S. Offshore Production of Oil and Gas in the North Pacific

444

Ranking of United States OCS Areas by Petroleum Resource Potential

445

Production of Offshore Oil and Gas in the North Pacific

450

PCB Residues in Fish from Tokyo Bay and Seto Inland Sea

455

Ranges of Mean Heavy Metal Content in Northeast Pacific Fish and Shellfish

458

Polluting Incidents In and Around North Pacific Waters, Oil and Other Substances

461

Location of Polluting Incidents In and Around U.S. North Pacific Waters, Oil and Other Substances

462

14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11

Estimate of the Economic Cost of the Santa Barbara Oil Spill Accidental Damage to Fisheries by Oil Pollution in Japan ( 1 9 6 9 - 1 9 7 6 )

464 464

14.12

Marine Pollution Incidents Reported to the Maritime Safety Agency of Japan

465

14.13

Japanese Imports of PRC Crude Oil 1973- 1977 and Proposed Imports 1 9 7 8 - 1985

468

14.14

Canada's Ocean Dumping in the North Pacific 1976-1978

471

U.S. Ocean Dumping in the North Pacific 1968-1978

473

Levels of Major Fallout Radionuclides in Surface Sea Water

474

14.15 14.16 14.17

U.S. Disposal of Radioactive Wastes in the North Pacific 1 9 4 6 - 1 9 6 7

475

14.18

Registered Cases of Red Tide in Seto Inland Sea

478

14.19

Production of Iron Sands in Japan

482

XXII

CONTENTS

Appendixes C. 1 C.2

Japanese Quotas Under the Northwest Pacific Fisheries Convention, 1956

533

Quota and Catch in the Japanese and USSR Salmon Fisheries, 1962-1976

534

C.3

West Kamchatka King Crab Quotas, 1958-1976

535

C.4

Quotas under Bilateral Crab Agreements by Japan and USSR with U.S., 1965-1976

536

Catch Quotas for Foreign Fisheries in the Eastern Bering Sea and Aleutian Islands Regions

537

C.5

Figures

6.1

Time-Area Closures for Japanese High Seas Salmon Mothership Fishery, 1978

172

7.1

Volume of Catch and Fleet Capacity in the Soviet Union

232

7.2

Volume of Catch and Fleet Capacity in Poland

233

7.3

Fish Catch and Effort Dynamics in Poland

242

7.4

Fish Catch and Effort Dynamics in the U S S R.

243

7.5

Distant-water Fishing Fleet Operation System

258

7.6

Operation Ranges for the Vessels Engaged in Alaska Pollock Fisheries Based on Catch Preservation Method Used

268

Spot Charter World Scale Index, North Pacific Ocean Trades

283

8.1 8.2

Spot Charter Rate 1947 - 1 9 8 0 (Persian Gulf to United Kingdom/Continent)

283

8.3

Total Seaborne World Trade Exports by Weight

284

8 .4

Total World Trade Exports by Value

285

8.5

Freight Rates in Domestic United States Crude Oil Shipping Trades

289

8.6

Tariff Index: Trans-Pacific Freight Conference of Japan/Korea

291

Total Seaborne Trade of Japan and the United States

300

11.1

Seaborne Petroleum Cargo Movements

347

11.2

Japan Maritime Disaster Prevention Center:

8.7

Statistical Areas

353

11.3

Butterworth Systems LAVOMATIC® Tank Washing Machine

363

11.4

Tanker Bottom Construction

367

11.5

Hypothetical Damage Following Collision

373

11.6

Hypothetical Damage Following Grounding

374 xxiii

XXIV

CONTENTS

11.7

MARPOL 1973 Allowable Oil Outflows

375

11.8

Area of Vessel Side and Bottom Protected by Segregated Ballast Tanks

382

Conflicts Between International Pacific Halibut Commission (IPHC) and International North Pacific Fisheries Commission (INPFC) for Groundfish in the Northeast Pacific

398

Potential Interactions of Marine Activities in Close Proximity

433

General Catch Distribution of Groundfish in the Eastern Bering Sea

447

12.1

14.1 14.2

Appendix A 1 2

International Regulations of Fisheries in the Yellow Sea and the East China Sea

513

Salmon Regulatory Areas in the North Pacific Prior to Extended Jurisdiction

514

Abbreviations

ABC ACFM AEC AJIL AR ATRS CBR CBT CCMP CCOP CEPEX CFRWP CINECA COLREG COW CPUE CS CSK DAH DB DPRK DWT ECOSOC EEC EEZ EIS EY FAC FAO FCMA FCZ FESCO

allowable biological catch Advisory Committee on Fishery Management Atomic Energy Commission American Journal of International Law American Tanker Rate Schedule American Tanker Rate Schedule Committee on Biology and Research clean ballast tanks Advisory Committee on Marine Pollution (Russia) Committee for Coordination of Joint Prospecting for Mineral Resources in Asian Offshore Areas (UN Economic and Social Council) Controlled Ecosystem Pollution Experiment Commission for Fisheries Research in the Western Pacific Cooperative Investigation of the Northeast Central Atlantic collision regulations crude oil washing catch per unit effort Coastal States Cooperative Studies of Kuroshio and Adjacent Areas domestic annual harvest double bottom Democratic People's Republic of Korea dead weight tons Economic and Social Council of the United Nations European Economic Community exclusive economic zone Environmental Impact Statement equilibrium yield foreign allowable catch Food and Agriculture Organization Fisheries Conservation and Management Act fisheries conservation zone Far Eastern Shipping Company xxv

xxvi FLASH

CONTENTS

Foreign Fishing Vessels Licensing and Surveillance Hierarchical Information System FMP Fishery Management Plan FPC fish protein concentrate FS Flag State FY fiscal year GDR German Democratic Republic GIFA Governing International Fishery Agreement GRT gross registered tons IAEA International Atomic Energy Agency IATTC Inter-American Tropical Tuna Commission IBSFC International Baltic Sea Fisheries Commission ICCAT International Commission for the Conservation of Atlantic Tuna ICES International Council for the Exploration of the Sea ICG International Coordinating Group ICNAF International Commission for the Northwest Atlantic Fisheries ICNT Informal Composite Negotiating Text ICSEAF International Commission for the Southeast Atlantic Fisheries ICSU International Council of Scientific Unions IGS inert gas system IGOSS Integrated Global Ocean Station System ILM International Legal Materials IMCO Intergovernmental Maritime Consultative Organization INMARSAT Convention on the International Maritime Satellite Organization IOC Intergovernmental Oceanographic Commission IOCARIBE Intergovernmental Oceanographic Commission for the Caribbean and adjacent regions INPFC International North Pacific Fisheries Commission IPHC International Pacific Halibut Commission IPSFC International Pacific Salmon Fisheries Commission IWC International Whaling Commission JNOC Japan National Oil Company KMIDC Korea Marine Industry Development Corporation LASH lighter aboard ship LDC lesser developed country LNG liquified natural gas LNTS League of Nations Treaty Series LOT load on top MARPOL International Convention for the Prevention of Pollution from Ships MOT Ministry of Transport (Canada) (Japan) MSA Maritime Safety Agency (Japan) MSEY maximum sustainable economic yield

CONTENTS

MSY NAFO NAS NEAFC NMFS NOAA NORPAX NPFSC OBO OCIMF OCS OCS O&G ODS OECD OY PICES PMP PRC PS PWSA ROK RSW SBT SC SCOR SOLAS TAC TALFF TAPS TIAS TINRO TS TSPP TSS UJNER UNCTAD UNCLOS III UNLS UNTS U.S.C. USCG

xxvii maximum sustained yield Northwest Atlantic Fisheries Organization National Academy of Sciences North East Atlantic Fisheries Commission National Marine Fisheries Service National Oceanic and Atmospheric Administration North Pacific Climate Study North Pacific Fur Seal Commission combined carrier Oil Companies International Marine Forum outer continental shelf outer continental shelf oil and gas operating differential subsidies Organization for Economic Cooperation and Development optimum yield Pacific International Council for the Exploration of the Sea Preliminary Management Plan People's Republic of China Port State Ports and Waterways Safety Act Republic of Korea refrigerated seawater segregated ballast tanks Scientific Council Scientific Committee on Oceanic Research International Convention for the Safety of Life at Sea total allowable catch total allowable level of foreign fishing Trans-Alaskan Pipeline Act Treaties and International Agreements Series (post 1945), United Nations Pacific laboratory of the Ministry of Fisheries in Vladivostok, Russia territorial sea Tanker Safety and Pollution Prevention traffic separation scheme United States-Japan Conference on Natural Resources Development United Nations Conference on Trade and Development Third United Nations Conference on the Law of the Sea United Nations Legislative Series United Nations Treaty Series United States Code U.S. Coast Guard

xxviii

USFDA

CONTENTS

WMO

United States Food and Drug Administration U.S. Geological Survey U.S. Gulf of Mexico to north of Cape Hatteras (route) very large crude carriers Laboratory of the Ministry of Fisheries in Moscow, Russia vessel traffic systems Western Pacific Investigations (IOC) World Meteorological Organization

dwt dm MT mMT ppb ppm psi

deadweight tons moulded draft amidships metric tons million metric tons parts per billion parts per million pounds per square inch

USGS USNH VLCC

VNIRO VTS

WESTPAC

Preface

The North Pacific Project was established at the Institute for Marine Studies, University of Washington, in September 1976, and was funded by the Rockefeller Foundation. This funding eventually covered the period September 1, 1976 to August 31, 1980. The Project seeks to identify and describe in detail the major marine policy problems of the North Pacific region. This book and its accompanying Atlas complete the first phase. In future volumes the Project will attempt to formulate and evaluate alternative policies, organizational networks, and criteria for achieving optimal management of the following activities, singly and in combination: conservation and exploitation of living and nonliving (hydrocarbon) resources, marine transportation, scientific research, and control of marine pollution. The basic Project team at the Institute of Marine Studies consists of Edward Miles as Principal Investigator, Stephen Gibbs, David Fluharty, and Wlodzimierz Kaczynski; the team was assisted by two graduate students each year. In addition, the team's cartographer is John Sherman of the Department of Geography, University of Washington. Oversight is provided by the Faculty Review Board of the North Pacific Project, currently chaired by Warren S. Wooster, Director, Institute for Marine Studies. Until his death on May 9, 1979, the Board was chaired by Donald L. McKernan. The Board consists of the following individuals: Dayton L. Alverson (fisheries), Donald E. Bevan (fisheries), Lewis J. Bledsoe (mathematics and fisheries), William T. Burke (law), James C. Crutchfield (economics), Richard H. Fleming (oceanography), Marc J. Hershman (law). Thane H. McCulloh (oceanography), Dean A. McManus (oceanography), and Robert L. Stokes (economics). Phase I of the Project (this book and the Atlas) was completed primarily by the Seattle team with some collaboration with scholars in Japan and Canada. Phase II (the second book) was fully collaborative. The Japanese team consisted of an integrated fisheries group and individuals participating on marine transportation and marine pollution. The fisheries group was chaired by Shoichi Tanaka (Ocean Research Institute, University of Tokyo) and consisted of Akira Hasegawa (Tokyo Fisheries University), Tetsuya Hirano (Ocean Research Institute, University of Tokyo), Yutaka Hirasawa (Tokyo Fisheries University), Tsuyoshi Kawasaki (Tohuku University), and Kazuo Sumi (Yokohama City University). Individual participation on marine transportation problems was by Masao Oda (Tokyo University of Mercantile Marine). Individual participation on marine pollution was by Makato Shimizu (Ocean Research Institute, University of Tokyo). Canadian participation in the Project (through August 1980) was by individual faculty xxix

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PREFACE

members at the University of British Columbia, led by Mark Zacher, Director, Institute of International Relations. It involved, on fisheries, Gordon Munro (economics); on marine transportation, Trevor Heaver, George Gorelik, and William Waters (business), with the assistance of research fellows Earl Hedlund (U.S.), John Taplin (Australia), and Viktor Tikhonov (USSR); on Canadian interests and policies on the West Coast tanker trade, Mark Zacher and one research fellow; on Canadian-U.S. boundary conflicts in the Northeast Pacific, Donald McRae (law) and one research assistant. The substantive focus in this volume is on the following issues: 1. Fisheries 2. Marine transportation 3. Marine scientific research 4. Multiple use conditions and conflicts (a) offshore oil development (b) problems of marine pollution (c) multiple use interactions and conflicts This focus excludes a large number of other issues from consideration, most notably those relating to military uses, recreational uses, and unconventional energy sources of the North Pacific region. There are several reasons for this choice. Primarily, we wanted to focus on the current major policy problems of using the resources of the North Pacific Ocean or of using the ocean as a medium for transportation. Furthermore, we wanted to look at the regional context in the sense that these issues are not fully contained within the boundaries of a single country. By these criteria, we excluded all policy issues of purely coastal significance (i.e., within twelve miles) and dealt with major issues falling outside the territorial seas of the countries concerned. This decision immediately excluded recreational issues. We excluded any consideration of unconventional energy sources because the potential o f the North Pacific (north of 30° north latitude) is not significant, and therefore this is not a major current or potential policy problem for the region. We excluded military uses because they fall solely within national control and, more importantly, are of such great sensitivity that access to detailed information would be severely constrained. We included problems of marine scientific research because adequate management of resources and the protection of the marine environment require that more systematic attention be paid to arrangements for improving the stock of available knowledge. This is beyond the capability of any single coastal state in the region to produce by itself and problems of cooperation are paramount. Having "cleared the ground" with this volume and the accompanying Atlas, it is our intention to produce a future series of detailed policy studies on the most important marine policy problems of the North Pacific to which authoritative decision makers can have continuing reference. We are aware that policy innovation in the marine area will not take place in a vacuum. The larger context consists of the current characteristics of the international system as a whole and the general foreign policy interests, objectives, and actions of the nation-states of the North Pacific region. Some major convention-breaking events have recently occurred within this region, both with respect to extended zones of national jurisdiction, the China-

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xxxi

Japan Treaty of Friendship, and the new demarche of the Chinese People's Republic toward the outside world. Moreover, developments relating to the joint exploration and exploitation of outer continental shelf hydrocarbons, involving Japan and the USSR in North Sakhalin and discussions between Japan and China relative to exploiting hydrocarbon resources in Po Hai Bay, are added complications. So are the proposed withdrawal of the U.S. from the Republic of Korea and the continuing territorial conflicts of the Northwest Pacific. The possible links between developments in regional marine policy and these events will have to be taken into account. It seems particularly appropriate that scholars in Japan, Canada, and the United States cooperate at this time of radical change in the customary law of the sea; they must try to work out desirable new policies and institutional arrangements that can facilitate adaptation to the changes and forge new bonds of cooperation across the North Pacific Ocean.

Acknowledgments

Since this is a large project we are indebted to many people in three countries for advice and assistance. It is a pleasure to acknowledge these debts publicly. We are, first of all, grateful to the Rockefeller Foundation for four years of generous support for the North Pacific Project. Although the Foundation should in no way be held responsible for views expressed herein, the consideration and assistance we have received from our project officers since the Project began in September 1976 has been outstanding. Accordingly, we would like to express our gratitude to Elmore Jackson, Ralph Richardson, John Stremlau, Gary Toeniessen, and Mason Willrich. We relied very heavily on the Faculty Review Board for the North Pacific Project for advice, criticism and many other forms of assistance. These individuals responded unstintingly to innumerable calls from us and helped in many more ways than we have space to specify. Several of them spent much time going over all or portions of this very large manuscript. We therefore say a special thank you to Dayton L. Alverson, William T. Burke, James A. Crutchfield, Richard H. Fleming, Thane McCulloh, the late Donald L. McKeman, and Warren S. Wooster. We are happy that Burke and Wooster were persuaded to contribute chapters to this volume in addition to providing trenchant critical review of other portions of the manuscript. We are also delighted to record our indebtedness to George Hany, Deputy-Director, Marine Mammal Laboratory, National Marine Fisheries Service, for providing us an evaluation of the work of the North Pacific Fur Seal Commission, which we include in this volume. Similarly, Frank Langdon, Department of Political Science, University of British Columbia, provided us the benefit of his expertise on marine resource conflicts in the Northwest Pacific. His analysis was incorporated in chapter 6 of this book. We owe an enormous debt of gratitude to James Johnson, then U. S. Fisheries Attaché in Tokyo, and his assistant, Yoshio Nasaka. The extent of our debt is clear from statistical data on fisheries in Part I of this book. Similarly, we are indebted to Marilyn Myers, then Transportation Officer, U.S. Embassy, Tokyo, for facilitating our access to many important Departments and Divisions of the Japanese Ministry of Transportation. A large number of colleagues and interested parties have responded to repeated requests for information and/or have read all or portions of this manuscript and given us the benefit of their counsel. We would like to mention Choon-ho Park, Douglas Johnston, Douglas Fleming, William Waters, Trevor Heaver, Mark Zacher, Gordon Munro, Parzival Copes, Masao Oda, Shoichi Tanaka, Kazuo Sumi, William Gray, Donald Roseman, Daniel

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xxxiv

ACKNOWLEDGMENTS

Sheehan, Robert Stewart, Stephen Kinnaman, the late Eldon Opheim, Richard Storch, and Lawrence Glosten. It is a pleasure to record our very considerable gratitude to many government agencies and several private companies or industry associations in the United States, Canada, and Japan for providing us information on a wide variety of subjects. In the United States, we would like to mention the National Marine Fisheries Service, especially the Northwest and Alaska Fisheries Center and the Office of the Regional Director, Seattle; the U.S. Coast Guard, 14th District; the Department of State, Office of Oceans and Fisheries Affairs and Office of the Geographer; and the North Pacific and Pacific Fishery Management Councils. In Canada, we are indebted to the Fisheries Research Board of Canada, Nanaimo Station and Vancouver office, and to Michael Waldichuk of the Pacific Environment Institute, Vancouver. In Japan, we are indebted to officials of the Japan Fisheries Agency, Ministry of Agriculture, Forestry and Fisheries; the Japan Fisheries Association; the Malacca Straits Council; Ocean Routes, Inc. of Monterey, California and Tokyo; the Marine Geology Division of the Geological Survey Institute of Japan; the Japan Hydrographic Service; the Japanese Maritime Safety Agency; the Japanese Ministry of Transportation, International Division, Traffic Safety and Environmental Pollution Control Division, Overseas Routes Division, and the Bureau of Ports and Harbors; the Japan Maritime Research Institute; and the Japan Shipowners Association. In Japan we are also indebted to Masayoshi Fumoto and Kiyofumi Nakauchi, who helped guide our introduction to the Japanese marine affairs community during the first two years of the Project. A research project of this magnitude depends to a great extent on the assistance of expert librarians. We are therefore considerably indebted to Yasukot Fukano and her staff at the Fisheries and Oceanography Library, University of Washington. We are also indebted to the staffs of the Science, East Asia, Government Documents, and Engineering Libraries at the University of Washington. We are pleased to acknowledge with gratitude the major contributions made to the North Pacific Project by our two budget managers, Martha Allison and Ora Chapman. By saying a public thank you to the Project's secretary, Irene Novak, we can only hint at the extent to which we depended on her truly phenomenal capabilities and her rapid and accurate typing of several versions of a dauntingly large manuscript. Since a large number of individuals were involved in the production of this book, it is appropriate to identify their contributions. Chapters I, 3, 4, 6, and 15 were written by Edward Miles; chapters 2 , 4 , and 14 by David Fluharty; chapters 3 and 12 by William Burke; chapters 5 and 6 by Christine Dawson; chapter 7 by Wlodzimierz Kaczynski; chapters 8 and 11 by Stephen Gibbs; chapters 9 and 10 by David Teeter; and chapter 13 by Warren Wooster.

1 Introduction

The management of the world ocean is characterized by a haphazard quilt of global, regional, bilateral, and national arrangements differentiated by activity and ocean, but without effective mechanisms for achieving coordination across either activities or oceans. This fragmentation creates occasions for significant conflict and interferes with productive use of the oceans to a noticeable degree. As new technologies increasingly permit a variety of uses of ocean space, policies designed to achieve coordinated management of the oceans are required if conflict is to be avoided, and if human use of the marine environment is to be less wasteful. Such policies necessarily transcend national jurisdictional zones and are therefore beyond the capability of individual nation-states, irrespective of their level of development. The emergence of a 200-mile economic zone (or other variously defined extended zones of national jurisdiction), in which the coastal state exercises exclusive control over marine resources, scientific research, and acts of pollution, has produced two immediate and interacting effects. The first places great stress on national institutions and requires the formulation of new national and international policies for management of ocean resources and ocean space. The second, significantly affected by the first, intensifies the need for increased bilateral and multilateral consultations, and a new level of coordination to cope with impending changes in the patterns of use. The second anticipated effect is the major impetus for this book because recent demands for expanded jurisdiction have seldom included consideration of the policies and organizational networks implied by the need for coordinated management and conflict resolution on the regional or subregional level. Accordingly, we address the need for a policy-oriented approach to management of human use of the oceans in the new regime by dividing the world ocean into a series of marine regions. For this purpose, a marine region is defined as a marine area in which the pattern of management problems posed by different activities is at least analytically separable from the rest of the world ocean. It is important to realize that the interaction of technological advance and jurisdictional change produces significantly altered contexts for the management of ocean-related 1

2

INTRODUCTION

activities. Since 1960, major advances have been made in vessel size and capabilities, the implantation of artificial islands and other installations in the ocean, and the capacity to exploit the ocean at greater depths than previously. Most of these advances result in increasing the density of ocean-related activities within neritic zones relatively near the shore; it is highly probable that resolving the conflicts of multiple use of the ocean in these zones will be one of the most important marine policy problems of the future. Superimposed on the technological dimension lie a series of crucial jurisdictional changes that have crystallized in the establishment of exclusive economic zones. Article 56 of the Draft Convention on the Law of the Sea 1 defines the "Rights, jurisdiction and duties of the coastal state in the exclusive economic zone." In an area extending 188 miles beyond a 12-mile territorial sea, 2 the coastal state possesses: (a)

sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the bed and subsoil and the superjacent waters and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds; (b) jurisdiction as provided for in the relevant provisions of the present Convention with regard to: (i) the establishment and use of artificial islands, installations and structures; (ii) marine scientific research; (iii) the preservation of the marine environment; (c) other rights and duties provided for in the present Convention.

It is clear that the economic zone will be a multipurpose zone. Not only more ocean space but many more types of activities will be controlled by the coastal state than ever before. This further implies the capacity to determine "net benefit" on the part of the management agency. Most coastal states, developed as well as developing, currently lack the capacity to make these determinations. One of our objectives, therefore, is to begin to fill this gap by using the North Pacific Ocean as an example for developing approaches that can be adapted to other parts of the world.

REGIONS, REGIONALISM, AND APPLICATIONS TO OCEAN MANAGEMENT A fairly extensive literature deals with political and economic dimensions of regionalism and regional integration. 3 There is no need to summarize this literature here, though it is necessary to dispose of the basic definitional problem before making extensions to the ocean environment. There are essentially two choices for defining a region. The first is to use location or contiguity as the determining criterion, and infer that there is a direct causal relationship between this characteristic and the pattern of activities and policy problems dealt with. This turns out to be an excessively limiting approach since countries are often more tightly connected in terms of their transactions with countries outside the region than within. The

INTRODUCTION

3

second choice, and the one utilized in this book, is to treat location as being secondary, and to focus instead on the pattern of activities and perceived policy problems that should be at least analytically separable from the rest of the world. A policy problem is defined as the perception by some actor of the need to choose between different objectives or courses of action. The notion of choice reflects concern with both the processes of decision and of implementation. The perspective outlined above requires that we focus on specific contexts, and that we identify (a) the countries involved, (b) the ways in which their interests are defined, (c) the ways in which capabilities are distributed, (d) the ways in which benefits and costs are seen to be divided up on the various issues of significance, (e) existing organizational arrangements and their relative effectiveness, ( f ) definitions of alternative strategies for dealing with policy problems, and (g) the impact on behavior of extraregional concerns and involvements. Because this approach emphasizes the primacy of some specific context, we need to define more carefully what our expectations are when we claim that analyses of one situation can be used fruitfully in dealing with other situations in the world. We do not mean that the organizational arrangements and substantive policies adopted or recommended for one region can be automatically transferred elsewhere, irrespective of the diversity of conditions. W e do contend, however, that analytic perspectives are more easily and usefully transferred, even though, here too, adaptation is necessary.

THE NORTH PACIFIC AS A MARINE REGION The North Pacific presents a likely starting point because it is an area of intense usage and clear importance, with a history of cooperation manifested through an existing network of international organizations. Only a small number of highly industrialized actors are involved who, despite differences in size and in political and economic systems, possess the scientific and technological capabilities essential to rational management, and an apparent will to achieve such a level of performance. The North Pacific is here operationally defined as the north temperate zone of the Pacific Ocean, ranging from about 30° north latitude to the northern extremity of the Bering Strait, and bounded by the coasts of East Asia and North America. The region delimited thereby is marked by similar geological, physical, and biological parameters and a well-demarcated current system.4 This definition excludes the subtropical areas of the Pacific Ocean, which exhibit substantially different environmental conditions, resources, and patterns of use. The 30° N boundary roughly approximates the northern limit of the equatorial current and faunal systems. Since the majority of commercially valuable manganese nodule deposits are located south of the 30° N line, deep seabed mining activities are considered only as they affect other uses within the North Pacific area. So delimited, the North Pacific region is both analytically distinct and manageable for a pragmatic approach to the design of marine policy alternatives.

4

INTRODUCTION

Since our focus is on the pattern of activities, we wish to avoid excessive rigidity in the application of the southern boundary of 30° N. Our concern is with activities related to fishing, shipping, petroleum production from the outer continental shelf (OCS), scientific research, and oil pollution. These activities represent a fairly discrete network of problems that involve the countries on the rim, primarily with each other. The choice of 30° N was made deliberately to exclude both the manganese nodule issue and the tuna issue. These are problems of near global dimension. Fisheries activities in the Northwest Pacific, however, require us to be concerned with what happens as far south as 20° N. Similarly, oil tanker movements take us even further south, to Malacca Strait and the Lombok - Makasar Channel; and in the Northeast the Panama Canal is significant for a variety of shipping movements. The criteria guiding our choice of activities are: (a) that the activities involve countries from the region primarily with each other, and (b) that the policy problems to which these activities give rise are regarded by relevant actors, or the research team, as being of immediate significance and some urgency. Let us therefore describe the links between the issues and actors in more detail.

Fisheries Compared to most of the world ocean, the stakes in fisheries are very high in the North Pacific. The area produces more than one quarter (27.6% in 1975) of the total world production of fish and shellfish. The seven nation-states of the region—Canada, Chinese People's Republic (CPR), Democratic People's Republic of Korea (DPRK), Japan, Republic of Korea (ROK), USSR and U.S.—together produce almost SO percent of the total world catch, and Japan and the USSR are the dominant distant-water fishing countries of the world. Table 1.1 shows the importance of the North Pacific for the national catches of these seven states. T A B L E 1.1 NORTH PACIFIC STATE CATCHES AS PERCENT OF NATIONAL CATCH North Pacific State

% of national catch ( 1975)

Canada CPR DPRK Japan ROK USSR U.S.

13 100 100 91.2 89.9 33.3 12.5

Source: Chapter 2, table 2.3. this volume.

Only Japan, the ROK and the USSR fish throughout the region. Canada, the CPR, the DPRK, and the U.S. maintain primarily localized, coastal efforts and the CPR catch comes predominantly from inland waters. The change in regime, therefore, is most destabilizing

INTRODUCTION

5

for Japan, the ROK, and the USSR—particularly for the ROK. The USSR, however, does have a considerable capacity to compensate for its losses elsewhere in the world by drastically reducing the catches of Japan and the ROK in its exclusive fisheries zone. For Japan, this action places the greatest burden on its offshore fleet rather than on the coastal or long-distance fleets. Kasahara and Burke have characterized the major problems of the traditional regime as being: (a) The lack of comprehensiveness inregulatoryarrangements resulting in a complex network of ad hoc bilateral and trilateral agreements covering different species. (b) The arrangements are inflexible with respect to new entrants. (c) This patchwork quilt of agreements drastically increases the costs of administration and yields a limited monitoring capacity so that issues are usually not dealt with until they become serious. (d) There does not exist a uniform system of data collection and analysis. While each country carries on research, the information gained is not generally accessible.5 The traditional regime governing fisheries exploitation in the North Pacific was based on the open-access criterion, and the region experienced a much slower rate of extensions of national jurisdiction than in other regions of the world ocean. This is not surprising, since the mix of distant-water fishing interests and the broader security interests of the U.S., USSR, and Japan emphasized the necessity of keeping coastal state constraints on navigation to a minimum. Moreover, the principal states of the Northeast Pacific had no major longdistance fisheries operating in the region. Consequently, a very complicated patch work quilt of regional arrangements developed, including bilateral and multilateral agreements, which often established very weak commissions. Most stocks were in fact not regulated at all, and the system was increasingly inefficient and ineffective in resolving the intensifying conflicts that have emerged from about the mid- 1960s. The early extensions of coastal state jurisdiction in the Northeast (and later in the Northwest) Pacific occurred with respect to continental shelf living resources, mainly crab. But there was growing domestic pressure in Canada and the U.S. to extend national jurisdiction over all fisheries, first to twelve miles and then beyond. These pressures grew as a result of the intensification of fishing effort by Japan and the USSR, which occurred after 1959 and multiplied the points of conflict between the coastal and distantwater fisheries. These points of conflict included gear conflicts, increasing incidental catch of species preferred by the North American coastal fisheries, increasing density of foreign fishing efforts encroaching on traditional fishing grounds of the North Americans, and more recently, the export and import imbalance in fisheries products. Domestic pressures for extending national jurisdiction in the Northeast Pacific increased as the global move toward 200-mile exclusive economic zones gained momentum in the Third United Nations Conference on the Law of the Sea (UNCLOS III) after 1972. The U.S. government, however, in an attempt to balance a variety of sometimes conflicting interests, sought to deflect these pressures by seeking preferential (not exclusive) rights for the coastal state over fisheries, but this was not enough. Once the U.S. had accepted coastal

6

INTRODUCTION

state sovereignty over resources in the exclusive economic zone in 1974 as the major price for protecting its navigational interests, particularly passage through straits used for international navigation, the U.S. government had lost the fight vis-á-vis its domestic constituencies seeking to extend national jurisdiction over fisheries—hence, Public Law 94-265, the Fisheries Conservation and Management Act (the FCMA) in 1976. Extensions of coastal state jurisdiction in the Northeast Pacific in 1976, combined with a variety of other actions being taken globally—especially for the USSR in the North Atlantic—triggered a rapid transformation of the regime for fisheries in the North Pacific as a whole, though the effects of that transformation were more drastic in the Northwest than in the Northeast Pacific. In the Northeast Pacific the most dramatic change has affected the groundfish resources, where all species have for the first time come under the management authority of two coastal states. The terms of foreign access to the surpluses in these stocks are defined in the relevant domestic legislation and regulations of the U.S. and Canada. However, since by far the larger share of resources falls within the U.S. zone, the terms of access for most stocks are described in the Governing International Fishery Agreements (GIFAs) as required by FCMA. This left only three major issues for which the transitional period would be somewhat more prolonged: (1) the renegotiation of arrangements relative to distribution of the salmon catch between the U.S. and Canada; (2) the renegotiation of the International North Pacific Fisheries Commission (INPFC) between the U.S., Canada, and Japan, and affecting primarily the Japanese high-seas salmon fishery; and (3) the renegotiation of the International Pacific Halibut Commission (IPHC) between the U.S. and Canada. This last issue also tangentially involved terms of access for U.S. groundfish fishermen for resources off the coast of British Columbia. The U.S.—Canada salmon negotiations present perhaps the most complicated set of problems. The component issues involve such complex fisheries as the Yukon River fisheries of the North, with important components originating in the Yukon Territory of Canada and migrating through hundreds of miles of U.S. territory in Alaska to the Bering Sea. Other salmon issues involve salmon originating in the Columbia River of the U.S. and migrating through Canadian waters in British Columbia, and subject to varied domestic fisheries of both countries. Still other issues involve the Fraser River and the International Pacific Salmon Fisheries Commission (IPSFC), the ocean salmon fishery in general, and the boundary problems between the U.S. and Canada in two areas: first, between British Columbia and the U.S. off the Strait of Juan de Fuca; and, second, in waters between Canada and Alaska (Dixon Entrance). While the major problems in fisheries management under "freedom of fishing" arrangements were the absence of central management authority and the inflexibility of the management mechanism created, these problems have for the most part been solved. There may, of course, still be serious problems of conservation, but these will clearly be the result of policies followed deliberately or inadvertently by one or the other, or both, of the coastal states involved. The major problems of the future appear to be: (1) specific foreign

INTRODUCTION

7

allocations, and the tensions between determinations of the surplus and strategies for the development of domestic fisheries; (2) competition for markets; (3) jurisdiction over shared stocks, as between the U.S. and Canada, and to a lesser extent between the U.S. and the USSR; and (4) arrangements concerning scientific research and standardization of data. In the Northwest Pacific, the situation is much more complicated and considerably more difficult. In the first place, since 1956 there have been organic links between some of the management approaches adopted on both sides of the North Pacific. In 1953 the INPFC adopted the line of 175° W longitude as the "provisional abstention line." This line was intended to be flexible by the United States, especially since, at the time, it was not clear how far west salmon of North American origin migrated. As more detailed knowledge accumulated, the U.S. wished the line moved further west because in its interpretation the abstention line was to be placed so that no salmon of North American origin could be taken by the Japanese. The Japanese, however, claimed that the line should be moved further east, since more salmon of Asian origin moved nearer the U.S. and Canadian coasts and the abstention line was intended to divide the stocks equitably. This problem could not be resolved because the Convention required unanimity for decision. In addition, a further development in 1956 added to the inflexibility of the 175° W longitude boundary. This line was made the easternmost boundary of the Japan-USSR agreement and the Japanese salmon quota in the Soviet area would have been adversely affected had the line been moved further west. With respect to the USSR, access to fisheries resources of the Northeast Pacific is also an important issue since in recent years Soviet fishermen have been taking 400,000— 500,000 metric tons annually. However, the fact that the U.S. and Canada proposed to extend their jurisdiction in the Northwest Atlantic as well was a very significant factor for the Soviet Union. Equally significant was the fact that the members of the European Economic Community proposed to extend their jurisdiction as a group in the Northeast Atlantic. Faced with these two major perturbations, and seeing the chainlike reaction of extensions globally in connection with UNCLOS III, the Soviets decided to reserve most of the resources within their 200-mile zone in the Pacific for themselves. This resulted in the complete exclusion of the Republic of Korea, whose representatives sought to redress the balance in the Northeast Pacific at the expense of both the Japanese and the Soviets, and in the unexpectedly drastic curtailment of Japanese fishing in Soviet waters during their bilateral negotiations in May 1977. All of these events, but particularly the enactment of the Soviet 200-mile zone, led Japan reluctantly to introduce its own extended fisheries zone in July 1977. North Korea has also extended its jurisdiction, but it is not clear at this time whether (and if so, when) China and South Korea will extend theirs. This means that the major fisheries problems of the future for the Northwest Pacific are: (1) how many and which economic zones will be extended, with the attendant problems of delimitation; (2) the problem of satisfying growing domestic demands for fish as a source of animal protein; and (3) joint management of shared stocks. These problems will be accentuated by the degree to which external political issues impinge upon fisheries conflicts. These are: (1) the problem of delimitation of the conti-

8

INTRODUCTION

nental shelf in the East China and Yellow seas; (2) territorial conflicts (e.g., the J a p a n USSR conflict over the northern Kurils); (3) the conflict between China and the USSR; (4) the broader game of coalition politics involving Japan, China, the U.S., and the USSR; and (5) the problem of the two Koreas. It remains to be seen whether national control will turn out in fact to be a more efficient and effective regime for managing fisheries than the open-access regimes of the past. Theoretically, of course, national control gives the coastal state an opportunity to eliminate high levels of biological and economic waste if it wishes, but the interests of different fisheries often conflict and considerable disparity may exist between regional and national perceptions of utility. In the U.S., Canada, and Japan, internal regional pressures can and do exert great effect on national responses, and it is not always clear that the claims of special interests can be justified on the basis of more objective criteria for reducing biological and economic waste in the management of fisheries. The question of whether national regimes are more effective than open-access regimes is still to be decided. Meanwhile, the change in regime has resulted in a marked shift in patterns of fishing, and in a massive shift on the substantive issues of international fisheries politics. No longer is the extent of national control a major issue, except in the case of transboundary stocks, which is more of a problem in the Northeast than in the Northwest Pacific. This decline in the intensity of conflicting claims to prescribe for management has been accompanied by a major increase in the significance and intensity of conflicting claims to regulate fishing practices. In addition, in the Northeast Pacific, there has been a significant increase in the salience of conflicting claims over access to markets, and this also is tangentially related to conflicts over national policies governing joint venture anangements. It appears that in the Northeast Pacific generally, we are in a transition period with respect to fisheries; this poses two major long-run questions: (1) What will be the rate of foreign phase-out from traditional fisheries and, correspondingly, how fast can and will domestic fishing effort be developed to replace the foreigners? There will be several answers to these questions and they will vary by fishery and market. (2) Who will set the rules within which the market for fisheries products will function in the future? Japan, of course, is the predominant influence here, but there is an increasing challenge from both the USSR and the U.S. It is not at all clear at the moment what the future holds in this respect beyond a steady rise in prices for consumers everywhere in the region.

Marine Transportation Japan dominates the trade of the North Pacific with the U.S. following a far second (Japan leads by a ratio of almost five to one). However, the J a p a n - U . S . connection is the dominant trade relationship in the region. About 45 percent of total exports (tonnage) out of the U.S. West Coast ports goes to Japan, and about 15 percent of imports come from Japan. The annual rate of increase of U. S. West Coast trade (primarily with Japan) is growing about 10 percent faster, in tonnage and value, than U.S. East Coast trade with Europe and other areas. It has been noted that if this trend continues, there will be a shift in the relative importance of the North Pacific as compared to the North Atlantic for maritime trade.

9

INTRODUCTION

The Japanese pattern of trade is also very significant since most of its imports consist of low value, high tonnage basic commodities, while most exports consist of high value, low tonnage, finished goods. Japan imports a large tonnage from Southeast Asia and the Middle East, consisting primarily of crude petroleum, which has experienced sharp increases in value since 1973. The growth of the Soviet flag fleet has been another significant recent trend in North Pacific maritime trade. In particular, the Soviet Far Eastern Shipping Company (FESCO) has introduced a large number of new break and bulk carriers in the general cargo trade, which have operated outside the traditional conference system. These carriers provide significant competition for liner conferences serving the North Pacific, particularly on the U.S. West Coast to Japan route. The Soviet rates have been generally 10 to 30 percent lower than the conference rates, but it is not clear whether the Soviets wish to maintain this competition indefinitely, or if they wish to use it primarily as a means of negotiating entry to particular conferences on favorable terms. Japan's extensive reliance on maritime trade results in considerable congestion of shipping lanes and ports in and around Japan. For instance, a large proportion of Japanese maritime trade (44.6 percent) is concentrated in seventeen major ports. Twelve of these ports are located in three areas: the Bay of Tokyo, Bay of Ise, and the Seto Inland Sea. These three areas account for 14.1 percent of all ships calling at all Japanese ports, but 55.6 percent of the total number of ocean-going ships. 6 The total number of ships calling at the seventeen ports annually is 1,068,172, of which the total number of ocean-going ships was 55,536, with the rest being coast-wise vessels. In terms of scale, there is no other country in the world that has a comparable problem of congestion for its deep sea trades. This extremely high density of marine traffic is a problem in itself, as well as for other uses of the coastal areas of Japan, in particular for fisheries. Most of this traffic must go through several narrow straits. Data for 1974, as shown in table 1.2, provide a measure of scale. The rate of marine accidents is quite high. In 1971, 1,413 merchant ships of 1,827,670 gross tons were involved in accidents; in 1974, the numbers had changed to 1,368 ships of TABLE

1.2

PASSAGE OF SHIPS THROUGH MAJOR NARROW STRAITS, JAPAN, 1 9 7 4

Strait

Average no. ships per day

Uraga Channel Irako Strait Akashi Passage E. Bisan Passage W. Bisan Passage Kurushima Passage

794 1174 1981 1751 1022 1260

Source: From Masao Oda, "Marine Transportation of Japanese Seaborne Trade and Related Laws and Regulations' ' in Christine L. Dawson, ed., The North Pacific Project (Seattle: Institute for Marine Studies. University of Washington, 1977), figure 4, p. 531.

10

INTRODUCTION

2,053,549 gross tons, reflecting a shift to larger vessels.7 For the same period, 1,187 fishing boats of 83,461 gross tons were involved in accidents during 1971; the number for 1974 was 1,121 fishing boats of 102,551 gross tons. Most of the accidents occurred less than three nautical miles from port, followed by those occurring in port, followed by those occurring between three to fifty nautical miles from port. Navigation in the three areas has been strictly regulated since 1972 under the Maritime Traffic Safety Law, and the so-called fishery right fisheries have been preempted, though partially compensated. With respect to other countries in the region, Vancouver is the only major Canadian port on the Pacific. It specializes in the export trade (84 percent of total tonnage in 1975) with emphasis on grain (to Japan and China) and coal (to Japan). Japan is Canada's most important trading partner in the Pacific, and is also the most important trading partner for the ROK and, we suspect, will soon be for China, if this is not already the case. Japan, therefore, is simply the focus of most North Pacific trade, with traffic density being generally higher in the Northwest Pacific than in the Northeast. But there is also a growing traffic density problem involving tankers off Los Angeles and Long Beach, and a potential problem arising from increased tanker traffic, and increased size of tankers, operating from Valdez, Alaska to Puget Sound, especially through Rosario Strait. The most important commodity groups of North Pacific trade are containerized general cargo, noncontainerizable general cargo, and petroleum. It is worth emphasizing that tanker-generated oil pollution has been much less of a problem in the North Pacific region than elsewhere in the world, not only because of the vast area involved but also because the average annual input seems to be considerably below the world average. Accidental spills from tankers have not been a major problem so far. The largest spill occurred in 1975 but amounted to only 5,000 metric tons (MT). The normal range (1967- 1976) is 1,345-2,851 MT, with no secular trend evident. 8 With respect to oil input to the North Pacific via normal ship operations, the heaviest traffic occurs on the Middle East-Japan route via the Strait of Malacca and the LombokMakasar Channel. This amounts to about 19 percent of the total world petroleum trade, but much less than 19 percent of the estimated annual oil spillage goes into the North Pacific for two reasons: (1) on a ton-mile basis, a much smaller percentage of the world petroleum trade actually occurs in the North Pacific; and (2) concerted efforts are being made in Japan to reduce operational discharge. This results in less than the expected input, the best estimate being about 71,500 MT annually, or about .4 percent of the estimated world total. The major potential challenges to the marine transportation system of the North Pacific are: (1) the implications of the United Nations Conference on Trade and Development (UNCTAD) Code of Conduct for Liner Conferences; (2) Soviet competition as represented by the growth of FESCO; (3) increasing domestic demands for more stringent port state regulation of tanker traffic, especially in Canada and the U.S.; (4) increasing domestic demands for more stringent strait state regulation of tanker traffic, and the Malacca Straits Council arrangement, which provides significant benefits to Singapore and Indonesia but less to Malaysia.

INTRODUCTION

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Marine Scientific Research The North Pacific is connected in a variety of ways in the conduct of marine scientific research, but the research system, as is usually the case, is largely decentralized. As shown by the analysis in chapter 12, no adequate mechanism for the facilitation of marine scientific research exists for the North Pacific as a whole. Even with respect to fisheries, existing arrangements exhibit piecemeal and nonadditive approaches to research, and bilateral arrangements do not yield studies that are comparable on both sides of the ocean. Moreover, no comprehensive work is currently being done on a regional basis concerning the budget of all important pollutants introduced into the North Pacific. We have no means of systematically comparing the results of investigations on the coastal areas around the Northeast and Northwest Pacific because there is virtually no standardization of measurements and intercalibration of instruments. "While the general features of North Pacific circulation, flora and fauna, and sea bed characteristics are reasonably well known, the picture is inadequate in detail, and little is known about the pattern of variability." 9 As a result of these deficiencies, in chapter 13 we make the following case for the creation of an International Council for Scientific Investigation of the North Pacific, consisting of Canada, Japan, the USSR, and the U.S. as initial members: 1. Management decisions on the multiple use of the ocean and its resources should be based on adequate scientific understanding of ocean processes and phenomena in the region. 2. Despite the extensions of national jurisdiction now taking place or likely to take place in the North Pacfic, conflicts in use of living resources, both within and beyond the limits of national jurisdiction, are bound to increase. 3. Although several international bodies exist for the management of specific fishery resources in the region, there is no overall mechanism for the exchange of data and information on the status of stocks on which national and international decisions on resource management can be based. 4. Increasing uses of ocean resources, the transport of petroleum and other potentially toxic products, and industrial activities around the margins of the North Pacific represent intensifying threats to the health of the marine environment. No mechanism exists for pooling efforts to understand and to monitor these threats. 5. The role of the ocean in modulating weather and climate is now evident. An improved mechanism is required for the development and coordination of investigations of ocean-atmosphere interaction that will enhance the possibility of predicting weather and climate. 6. Scientific investigations are conducted in the North Pacific under the auspices of several governments, including those of the U.S., the USSR, Canada, and Japan. These investigations fall within all fields of marine science and its applications. Some are multiinstitutional and include arrangements for interinstitutional coordination; others are the efforts of single institutions. No general mechanism exists for the initiation,

12

INTRODUCTION

planning, and coordination of multinational oceanographic and fishery research programs in the region. 7. Data resulting from these investigations, in part at least, eventually find their way into the world data exchange system. However, there is no mechanism for the orderly and timely exchange of data and information between governments and institutions engaged in the research, for improving the quality and intercomparability of measurements, or for selecting common statistical areas and bases. The purpose of the proposed organization would be: To promote the development of cooperative research activities and the exchange of information concerning (1) the North Pacific marine environment and its interactions with land and atmosphere; (2) uses of the North Pacific and its living and nonliving resources; and (3) the effects of man's activities on the quality of the marine environment. To achieve this purpose, the organization would engage in activities related to marine science, fisheries, and quality of the marine environment, and to other marine fields as appropriate, such as the following: (1) exchange of data and information; (2) review of research plans, programs, and progress; (3) identification of critical research programs and of methods appropriate for their solution; (4) planning development, and coordination of cooperative investigations, of problems of common interest; and (5) evaluation and interpretation of available data and information from the scientific point of view.

Multiple Use Conditions and Conflicts We began this book by arguing that the management of human use of the world ocean is characterized by a haphazard quilt of global, regional (international), bilateral (nonregional), and national arrangements differentiated by activity and ocean, but without effective mechanisms for achieving coordination across either oceans or activities. We think the traditional sectoral approach to management is inadequate for the future, given the pattern of technological advance and the revolution that has occurred in the world ocean regime. The fact is that the economic zone is a multipurpose zone, and coastal states will increasingly feel the necessity of making decisions affecting its multiple use in a far more coordinated fashion than hitherto. This is very difficult to do for both practical and conceptual reasons. It is difficult for practical reasons because different patterns of ocean use exhibit different patterns of institutionalization. They differ in the types of technologies utilized, the interests perceived and pursued, the ways in which benefits are distributed, and the composition of their national, transnational and intergovernmental constituencies. This high level of decentralization is almost perfectly mirrored in the patterns of national organization related to ocean management. Achieving coordinated management of ocean use, therefore, involves transforming the structure and mode of operation of the entire national, transnational, and intergovernmental range of systems, in which perhaps the national dimension may well be the most important. This is a Herculean task indeed! But it seems to us that the conceptual task is almost as difficult as the practical one. The taxonomic problem must be solved first for the world ocean as a whole. We think that the

INTRODUCTION

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starting point for taxonomies should be the two-dimensional problem of accommodating multiple uses of ocean space. This implies the need to construct two types of n-dimensional matrices that relate use against use and use against environmental conditions. It is difficult to fill in the cells of these matrices for specific locations in the world ocean because the data have not been collected in that fashion; nation-states are only now beginning to realize the need for more systematic treatment of the problem. Once past the taxonomic problem, the measurement problem must be solved, and this may be insurmountable. Each pattern of use must be decomposed into several dimensions that reflect location, scale of operations, impacts on ocean space (type, time, and scope), impacts on other activities (degrees of compatibility and conflict), impacts on the ocean environment (degrees of compatibility and conflict), and value. The last dimension is critical for attempting to derive some criteria for determining economic optimality, but it may be a search for the Holy Grail since no common metric exists. The notion of value presupposes that for each cell in each matrix we find some way of dealing quantitatively with the trends relative to location, magnitude and intensity of effort, time, and appropriate discount rates. This is similar to attempts to develop a social welfare function in economics, which have not met with notable success. We are therefore forced to rely on a qualitative cataloging of the conditions and conflicts of multiple uses of ocean space in specific marine regions of the world ocean. 10 These, in time, should lead to more comprehensive national data collection efforts and, we hope, to a greater degree of experimentation with approaches to their management. The aim that we had in mind for the North Pacific in this book was to facilitate systematic attempts to accommodate multiple uses of ocean space and to evaluate proposed solutions to policy problems in terms of their impacts on the interconnectedness of activities, in addition to other more familiar criteria. However, given the difficult theoretical and methodological problems identified above, we limited ourselves to the question whether in fact multiple use problems in the North Pacific are of sufficient regional scope to require deliberate attempts to manage them. Our investigations have shown that except in a few localized areas, most especially in the coastal waters of Japan, the management of multiple use conflicts is not a major problem for the North Pacific region as a whole and is not likely to be so for the foreseeable future.

PLAN OF THE BOOK The book is divided into five parts. Part I deals with fisheries in terms of five characteristics. First, the major living resources of the Northeast and Northwest Pacific are identified and the fisheries that have grown to depend upon them are briefly described. Second, the traditional regime for international fisheries management in the North Pacific is described. A considerable amount of unpublished material written previously by Professor William T. Burke is included at the end of chapter 3. Third, the major international conflicts that have emerged over the past two decades are summarized and the trends leading to unilateral extensions of coastal state jurisdiction in 1976 and 1977 are analyzed. Fourth, a

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INTRODUCTION

detailed comparative analysis of the coastal state acts is presented. Fifth, the major international fisheries policy problems generated by extended jurisdiction in the North Pacific are analyzed in some detail and an assessment of their short- and long-term implications is provided. In this section. Professor Frank Langdon's analysis of some of the special problems of the Northwest Pacific is included as part of chapter 6. Part II deals with the system for marine transportation as it operates in the North Pacific. It describes, in general fashion, the existing marine transportation system in terms of price levels and vessel supply, major ports and the volume and value of tonnage through-put, the major trade routes by cargo and vessel type, and the influence of climate on vessel routing. The Project Team also summarizes a variety of studies that attempt to forecast future developments in technology, in particular technology relating to control of ship-generated oil pollution. In addition to the technical and economic dimensions of the marine transportation system, Part II also deals with existing regulatory arrangements, and assesses the implications for the North Pacific of changes in the law of the sea, demands by coastal and port-states for greater protection against oil pollution hazards, and the UNCTAD Code of Conduct for Liner Conferences. In comparing the fisheries and marine transportation sections, it is apparent that in the North Pacific, fisheries really constitute the major regional problem. Marine transportation constitutes a very important dimension of the marine activities in the region but the system is driven by global rather than primarily regional dynamics. Consequently, a certain awkwardness is incurred by adopting a regional focus to marine transportation problems. We have done so because the subject is simply too important to be left out of the book. There are differences in the level of detail in the treatment accorded each section. It is not possible to achieve the same level of detail for the marine transportation section as we have done for the fisheries section because the former issue has not been the subject of public regulation in the region to the extent that the latter has been. Less documentation is therefore available. Part III provides an analysis of international arrangements affecting marine research in the North Pacific, and makes a case for the establishment of a new international organization concerned with scientific investigation of the North Pacific Ocean. Part IV deals with problems of multiple use conditions and conflicts by focusing on the exploitation of oil, gas and other minerals, problems of marine pollution, and specific problems of conflicts between oil and gas production and fisheries activities in the United States and Japan. These problems are all of local rather than regional scale and the available information on pollution is skimpy and not systematic for the region as a whole. Part V concludes the book. It deals primarily with policy problems that remain unsolved and specifies the additional research and analyses that appear to be necessary in the future.

Development of Living Resources Under the Regime of the High Seas

The North Pacific Ocean is a major world source of marine organisms; harvests of these organisms play an important role in the economic and international relations of the bordering nations. Study of the rapid development of the fishery resources of the North Pacific and its increasingly international character is essential to understanding the conflicts that have developed there, the attempts to create an international regime for fisheries management, and the potential for further development of the fishery resources in light of extended national jurisdiction over fisheries. It is impossible to deal effectively with all the relevant aspects of fisheries development in the North Pacific in a single chapter. Therefore, the approach here focuses on the international context and major trends in fisheries development. The aspects can be grouped into three broad categories: (1) the biological and environmental conditions affecting the distribution of the fishery resources; (2) the development of fish harvesting by North Pacific nations, with special attention given to fish stocks where more than one nation is involved in exploitation; and (3) the role that fisheries play in the economic and social life of the nations in the region. With respect to the third category, attention is given to fisheries as a source of employment, an investment opportunity measured in size of the fishing fleet, a component of international trade, and a supplier of food for human consumption.

DISTRIBUTION OF LIVING RESOURCES This section deals with the environmental conditions that influence the distribution of living resources in the North Pacific, and with the distribution patterns of major commercial species according to ecological and taxonomic groupings. It is important to note at the outset that, while the North Pacific is defined as a region for this study, the patterns of trade, fishing, and even environmental conditions, are not homogeneous throughout the area. An understanding of the diversity of the region is a key to comprehending the region as a whole. The region itself extends from the near-tropical waters off southern Japan to the arctic waters

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LIVING R E S O U R C E S

of the Bering Sea. The Bering Sea contains one of the largest and most productive areas of continental shelf in the world ocean, while the continental shelves along the Pacific coast of Japan and the United States are relatively narrow and productivity is variable. Typhoons of tropical origin can make fisheries operations hazardous in the southwestern part of the region, while ice can form quickly from spray blown on the rigging and overburden and capsize fishing vessels off the coasts of the Soviet Union and Alaska.

ENVIRONMENTAL CONDITIONS Many oceanographic phenomena interact to influence the productivity of the various subregions of the North Pacific. Among the most important are the bathymetry (or configuration) of the ocean bottom, the system of ocean currents, and the water temperature. Differential solar heating of the earth's surface influences water temperature and ocean currents, which in turn are affected by the shape of the ocean basins and other factors. Ocean currents and surface temperature regimes influence the world weather system. In terms of the bathymetry, the North Pacific might be characterized as a steep-sided, half-moon shaped pan. It has a narrow rim of continental shelf (usually less than 150180 meters deep) which extends outward from the shore a distance that seldom exceeds 50—60 kilometers except in the marginal seas and the Gulf of Alaska. In the eastern Bering Sea, the continental shelf is nearly 700 km wide. The continental slope constitutes a relatively sharp transition zone between the edge of the continental shelf and the 4 , 0 0 0 7,000 meter deep abyssal plain of the Pacific. In addition, there are five marginal seas surrounding the North Pacific—the Bering Sea, Sea of Japan, Okhotsk Sea, Yellow Sea and East China Sea. Together, these seas constitute an area exceeding all the other marginal seas of the world's oceans. Comparison of bathymetry of the North Pacific and marginal seas in table 2.1 shows considerable variation in the amount of continental shelf, slope, and ocean basin. The North Pacific has a continental shelf that occupies less than 2 percent of its total area, while the continental shelves of the Yellow and East China seas underlie almost the entire sea area. The Sea of Japan contains little continental shelf and, for the most part, is extremely deep. Similarly, the Bering Sea shows a sharp division between the continental shelf and the deep basin areas. The Okhotsk Sea has a much larger continental slope area than the other seas. The Yellow Sea has an area of approximately 40,000 km 2 and an average depth of only 50 meters. 1 The shallow continental shelf and upper continental slope areas are important because most of the fish production and harvest in the North Pacific is in the upper 300 to 500 meters of the water column; 2,1 the richest areas of fish production are located on or near the continental shelf. This is probably because the shallower bottom topography traps nutrientrich materials and keeps them available in the ecosystem rather than being lost in the deep ocean basins, and because light is available for photosynthesis.4 Other reasons are that the shelf serves as a physical barrier to wider spatial distribution, shallow areas are enriched by nutrients supplied by land or coastal upwelling, and the richer coastal waters are favorable

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