Marine fisheries

In the United Nations Convention on the Law of the Sea (UNCLOS), the rights and obligations of all States relating to the conservation and management of marine living resources (MLRs) are mainly determined according to where the resources are located or from where they originate.

Territorial sea

All natural resources, including MLRs found in the territorial sea are under the sovereignty of the coastal State. Such sovereignty entitles the coastal State to adopt laws and regulations in respect of the conservation and management of the MLRs of the territorial sea, as well as the prevention of infringement of its fisheries laws and regulations therein (articles 2 and 21 (d)).

Exclusive economic zone

In the exclusive economic zone (EEZ), the coastal State has sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, including MLRs (article 56).  The coastal State shall ensure proper conservation and management of the living resources of the EEZ, so that they are not endangered by over-exploitation, taking into account the best scientific evidence available to it.  For this purpose, it shall design measures that will maintain or restore populations of harvested species at levels which can produce the maximum sustainable yield (MSY), as qualified by relevant environmental and economic factors, and taking into account other relevant factors identified in article 61 para. 3.  In taking such measures, the coastal state shall also ensure conservation of associated or dependent species (article 61, para. 4) and shall contribute to the exchange of available scientific information related to the conservation of fish stocks through competent international organizations (article 61, para. 5).

In addition, the coastal State is required to promote the optimum utilization of MLRs in the EEZ. To this end, it shall determine the total allowable catch (TAC) of MLRs in the EEZ, as well its own capacity to harvest such resources.  Where the coastal State does not have the capacity to harvest the entire TAC, it is obliged to give access to other States, particularly land-locked States and geographically disadvantaged States of the same region or subregion, to the surplus of the TAC (articles 62, 69 and 70).

Where the same fish stock or stocks of associated species occur within EEZ's of two or more coastal states, such states are required to coordinate the conservation and development of these shared resources, either directly or through appropriate subregional or regional organizations (article 63, para.1).  Concerning stocks that straddle the EEZ of the coastal State and the high seas (straddling fish stocks) and for species that migrate between the EEZ of the coastal State and the high seas (highly migratory species), the coastal State concerned and high seas fishing States are encouraged to cooperate for the conservation and management of such stocks and species (articles 63, para.2 , and 64).  The 1995 Agreement for the Implementation of the Provisions of United Nations Convention on the Law of Sea relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (the 1995 UN Fish Stocks Agreement) builds upon the principles laid down in UNCLOS to provide a specific regime for the conservation and management of straddling fish stocks and highly migratory fish stocks.

Concerning the conservation and management of anadromous stocks, UNCLOS provides that States in whose rivers anadromous stocks originate (State of origin) shall have the primary interest and responsibility for such stocks (article 66, para.1). As a general rule, fisheries for such stocks shall be conducted within the EEZ of the coastal State, except in cases where this rule would result in economic dislocation for a State other than the State of origin (article 66, para.3).

Continental shelf

The coastal State has sovereign and exclusive rights over the continental shelf for the purpose of exploring and exploiting its natural resources, including sedentary species found thereon (article 77).

High seas

On the high seas, all States enjoy the freedom of fishing (article 87 (e)), subject, inter alia, to the rights, duties and interests of coastal States (article 116 (b)), as well as to the obligations of all States to cooperate for the conservation and management of MLRs of the high seas (articles 117-119). 

Marine aquaculture

Marine aquaculture is frequently referred to as mariculture. Mariculture is defined as being “marine fish farming, or the raising of marine animals and plants in the ocean.” Although, no reference is made to mariculture in UNCLOS, rights and obligations associated with such activity could be considered within the legal framework provided in UNCLOS.

Territorial sea

In the territorial sea, the coastal State has sovereignty over such activity, provided that it does not impede on the right of innocent passage recognized to ships of all States through the territorial sea (article 17).

Exclusive economic zone

In the EEZ, the coastal State has sovereign rights over mariculture, including the conservation and management of MLRs therein, as such activity may be considered in UNCLOS as being within the framework of “other activities for the economic exploitation and exploration of the zone” recognized to coastal States in their EEZs (article 56, para.1 (a)). It is believed however that the surplus rule that allows access of other States to the coastal State’s MLRs in the EEZ would not apply to such farmed fishing.

On the other hand, whenever the coastal State needs to establish marine protected areas or special areas for mariculture purposes in the EEZ, it is required to have due regard to the freedoms of navigation and communications enjoyed by all States therein (article 58).