Fishing claims in territorial waters
Fishing claims in territorial waters involve the rights and regulations governing the use of marine resources within specific maritime boundaries established by countries. Historically, conflicts over fishing rights have intensified since the seventeenth century, particularly with the rise of oceangoing fleets. A significant turning point occurred in 1945 when the United States asserted its right to regulate fishing and claim natural resources up to two hundred miles off its coast. This prompted many nations to establish their own territorial claims, leading to disputes in various regions, including notable conflicts known as the Cod Wars between Iceland and the United Kingdom.
In response to these tensions, the United Nations convened multiple conferences aimed at establishing comprehensive legal frameworks for ocean governance, culminating in the Third United Nations Conference on the Law of the Sea (UNCLOS III) in the 1970s. The resulting agreements defined a twelve-mile territorial limit and a two-hundred-mile Exclusive Economic Zone (EEZ), where countries maintain exclusive rights to fishery resources. Today, these zones are crucial for global fisheries, accounting for over 85% of fish catches and encompassing significant underwater resources. Understanding fishing claims is essential for appreciating the intersection of international law, environmental sustainability, and national interests in marine resource management.
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Subject Terms
Fishing claims in territorial waters
International agreements concerning coastal fishing rights
During the 1970’s, several countries in the Americas clashed over the expansion of territorial waters and economic zones.
In North America, European colonization and the increased importance of oceangoing fleets led to conflict over freedom of the seas in the seventeenth century. By the nineteenth century, a limit of three nautical miles was observed by most countries, including the United States and Great Britain and its territories.
Then in 1945, in a radical policy shift, the United States claimed the right to regulate fishing in areas contiguous to the coast and also claimed all natural resources on and in the continental shelf. This led to other countries making territorial and economic claims as far as two hundred miles into the ocean. The United Nations held conferences in 1958 and 1965, but they were unable to reach agreements on key issues.
Actions
In the early 1970’s several conflicts arose which indicated the need for a settlement to legal issues related to the oceans of the world. Although Chile, Peru, and Ecuador had all claimed two-hundred-mile territorial limits, they had not pressed this claim. However, in the early 1970’s, relations between Ecuador and the United States deteriorated, and Ecuador detained American fishing vessels. The United States refused to recognize the two-hundred-mile limit, and the U.S. Navy began operations off the coast of Ecuador. About the same time, what is known as the Second Cod War (followed shortly by a Third Cod War) took place between Iceland and the United Kingdom, when Iceland refused to allow British fishing vessels close to its coast. As both were vital North Atlantic Treaty Organization (NATO) allies, the United States through NATO offered help in mediating the dispute.
As a result of these types of conflicts, the Third United Nations Conference on the Law of the Sea (UNCLOS III) began in December, 1973, in New York. Throughout the rest of the decade, UNCLOS III worked hard to reach agreement on numerous provisions, details, and definitions. Many agreements were reached along the way, but it was not until 1982 that the final text was presented to the participants. The United States was one of three countries voting against the final text.
Impact
As UNCLOS III reached consensus on an item, many countries adopted the provision. Thus in 1977, Canada adopted an economic zone of two hundred miles from its shore, causing problems for some U.S. fishermen. The major provisions reached during the 1970’s included a twelve-mile territorial limit in which countries have total control and another twelve miles in which they have limited legal jurisdiction.
For fishing, the major provision is the two-hundred-mile Exclusive Economic Zone, which grants the country total control of the ocean’s resources. Worldwide, this area is where more than 85 percent of all fish are caught and all the known oceanic oil reserves exist. The United States, with the longest coastline of any country in the world, had the most to gain in economic and fishery resources.
Bibliography
Churchill, R. R., and A. V. Lowe. The Law of the Sea. 3d ed. Yonkers, N.Y.: Juris, 1999.
United Nations. Oceans and Law of the Sea: Division of Ocean Affairs and Law of the Sea. http://www.un.org/Depts/los/index.htm.