[Congressional Record Volume 141, Number 199 (Thursday, December 14, 1995)]
[Senate]
[Pages S18589-S18590]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      STRADDLING STOCKS AGREEMENT

  Mr. PELL. Mr. President, on December 4, 1995, Madeleine Albright, our 
Ambassador to the United Nations, signed on behalf of the United States 
the Agreement for the Implementation of the Provisions of the United 
Nations Convention on the Law of the Sea of 10 December 1982 Relating 
to the Conservation and Management of Straddling Fish Stocks and Highly 
Migratory Fish Stocks. As the Ambassador said in her speech at the 
time, this Agreement offers a tremendous advancement in our global 
efforts to better conserve and manage living marine resources. I ask 
unanimous consent that Ambassador Albright's speech be printed in the 
Record at the conclusion of my remarks. This Agreement was the result 
of 3 long years of negotiations and will best serve the interests of 
the United States by putting an end to the lawlessness of high seas 
fisheries.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mr. PELL. Mr. President, the United States has long held the view 
that fishing activities should be carried out in a sustainable fashion, 
and with due regard to appropriate conservation and management 
measures. The Straddling Stocks Agreement ensures that the 
precautionary measures we have already adopted will be respected and 
implemented by our international partners. The United States has 
clearly led the way in this respect and it was of the utmost importance 
to ensure that our efforts would not be undermined by the destructive 
practices of other States.
  This Agreement is only the latest step in our ongoing efforts to 
establish a mosaic of international legal agreements that will set up a 
strong regime for the management of our marine living resources. 
Foremost among these is the Convention on the Law of the Sea, 
transmitted to the Senate on October 6, 1994 (Treaty Document 103-39). 
More than a year later, this historic treaty is still pending before 
the Committee on Foreign Relations. I am hopeful that the Committee 
will be able to consider this Convention early next year. The 
principles embodied in the Straddling Stocks Agreement are not only 
consistent with the Law of the Sea, but it is to be applied 
concurrently with that Convention.
  Mr. President, in the past year, I have repeatedly addressed the 
Senate to highlight the ways in which the Law of the Sea Convention has 
been improved, and now meets our fisheries interests, our national 
security interests, and our economic interests. This hard-fought treaty 
was the result of more than 20 years of negotiations, in which both 
Democratic and Republican Administrations participated actively. As a 
result, all the concerns that the United States had expressed when the 
Convention was first open for signature in 1982 have now been 
addressed. An agreement modifying the deep sea-bed mining provisions of 
the Convention was concluded and signed by the United States in 1994. 
Similarly, the Straddling Stocks Agreement addresses some of the high 
seas fishing issues that had been left open by the Convention.
  I expect the administration will forward the Straddling Stocks 
Agreement to the Senate early next year. In order to optimize the 
effects of the Straddling Stocks Agreement, it is urgent that the 
United States also become a party to the Law of the Sea Convention. The 
Straddling Stocks Agreement specifies that the settlement of disputes 
will be carried out by the Law of the Sea Tribunal, which will be 
established in Hamburg shortly. Fortunately, the judges on this 
Tribunal have not been designated yet, but the United States must be a 
party to the Convention if an American judge is to be designated.
  This is but one of the many reasons why the United States should 
ratify and become a party to the Law of the Sea Convention. We now have 
another incentive to take urgent action on this issue and I trust that 
all my colleagues who have shown such an interest in the Straddling 
Stocks Agreement will join me in my efforts to see the Straddling 
Stocks Agreement and the Law of the Sea Convention ratified promptly.

                               Exhibit 1

             Statement of Ambassador Madeleine K. Albright

       Mr. Chairman, distinguished ministers, fellow ambassadors 
     and delegates, and ladies and gentlemen.
       This is a memorable occasion for all members of the 
     international community who have labored to conserve fishery 
     resources and strengthen the law of the sea. On this historic 
     day, the United States, joined by other members of the 
     international community, will sign the Agreement, adopted by 
     consensus by the UN Conference on Straddling Fish Stocks and 
     Highly Migratory Fish Stocks. This Conference concluded its 
     work after three years of intense negotiations and 
     outstanding international cooperation. The United States is 
     pleased to have participated in this effort. We are convinced 
     that this Agreement offers a tremendous advancement in our 
     global efforts to better conserve and manage living marine 
     resources. 
     
[[Page S18590]]

       As both a coastal State and a State whose vessels fish on 
     the high seas, we are keenly aware of the need for a balanced 
     approach in the Agreement, one that recognizes the legitimate 
     concerns of both groups. The United States believes that the 
     Agreement strikes a reasonable balance between conservation 
     and fishing concerns, and between the interests of coastal 
     States and States whose vessels fish on the high seas. We 
     support the Agreement because it establishes new and 
     effective rules to conserve and manage marine fisheries and 
     provides for States to resolve their disputes through 
     compulsory binding dispute settlement procedures. The 
     Agreement, if widely ratified and properly implemented, will 
     both improve the health of our ocean ecosystems and ensure a 
     lasting supply of fish to feed the world's population.
       The United States wishes to acknowledge the skill, 
     leadership and energy of Ambassador Satya Nandan for crafting 
     the Agreement. We are truly indebted to you.
       This Agreement is particularly noteworthy because it 
     directly contributes to a broader global effort to promote 
     international cooperation, reduce conflict and achieve more 
     effectively the sustainable use of living marine resources. 
     The Agreement is consistent with and builds upon the United 
     Nations Convention on the Law of the Sea which entered into 
     force last year. It complements the 1993 Agreement to Promote 
     Compliance With International Conservation and Management 
     Measures by Fishing Vessels on the High Seas, which itself is 
     an integral component of the International Code of Conduct 
     for Responsible Fisheries which was adopted last month in 
     Rome. Together, these instruments provide a strong basis to 
     move forward in achieving sustainable use of living marine 
     resources in the world's oceans and seas.
       Looking to the future, we see many exciting challenges 
     before us. Our first task is to bring this Agreement into 
     force as soon as possible. We hope that all nations that sign 
     the Agreement today will soon deposit their instruments of 
     ratification. We urge those nations which are not able to 
     sign the Agreement today to do so as soon as possible. Also 
     ahead are the challenges of implementing effectively the 
     provisions of the Agreement in various regional and 
     subregional organizations and arrangements throughout the 
     world. The status of the world's fish stocks demands that 
     implementation of the Agreement begin immediately wherever 
     straddling and highly migratory fish stocks are harvested.
       In closing, Mr. Chairman, the Fish Stocks Agreement is a 
     laudable accomplishment. The tasks before us are not only 
     possible, but absolutely necessary. At stake are important 
     issues involving biological integrity of marine ecosystems 
     and food security. The United States is confident that we 
     will succeed. Let us hope that our imagination and strength 
     are as vast as the oceans we so cherish.

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