The NAFO model of international collaborative research, management and cooperation

Abstract

Following extension of fisheries jurisdiction to 200 nautical miles by Coastal States in the Northwest Atlantic in 1977, the Northwest Atlantic Fisheries Organization (NAFO) was established through a multilateral convention. NAFO differed substantially in form and modalities from its predecessor fisheries organization, International Commission for the Northwest Atlantic Fisheries (ICNAF), which had been responsible for international fisheries management in the Northwest Atlantic from 1949. The structure of NAFO was designed to reflect the circumstances of Coastal State jurisdiction over fisheries in much of the area, the existence of several self-contained stocks outside 200 miles on the Flemish Cap, and the existence of several stocks which straddle the boundary between the Coastal States jurisdiction and the waters outside the 200-mile zones of the Coastal States. NAFO functioned relatively smoothly during its first years (1979-85). From 1985 to the early-1990s, decisions by the Fisheries Commission of NAFO were ineffective because of extensive use of the 'objection procedure' by one member of NAFO. During the past two years, this conflict has abated. Progress has been made in devising a more effective management and enforcement regime. Recent international legal developments, especially the 1985 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, will have significant implications for the functioning of NAFO. In particular, the implementation of a precautionary approach to management will pose significant challenges and opportunities for NAFO.