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Report of Governing Council Meetings AGENDA FIFTH ANNUAL MEETING October 11 - 20, 1996 W X Opening Session 1. Address of welcome was given by Ted McWhinney Member of Parliament for Vancouver Quadra and Parliamentary Secretary to the Minister of Fisheries and Oceans. 2. Remarks by representatives of contracting parties. 3. Remarks by the Chairman. 4. Announcements. 5. Keynote lecture by Prof. Timothy R. Parsons. Taking Stock of Biological Studies in the Ocean. Governing Council 1. Preliminary report on administration. 2. Relations with other international organizations and observers from such organizations. 3. Membership and observers from other countries. 4. Election of Chairman. 5. Appointment of Executive Secretary. 6. Rule change to allow past Chairman to serve as an ex officio participant of Council. 7. Report of Finance and Administration Committee. a) Audited accounts for financial year 1995 b) Estimated accounts for financial year 1996 c) Budget for financial year 1997 d) Forecast budget for financial year 1998 e) Trust Fund f) Working Capital Fund g) Home Leave Relocation Fund h) Other funds held i) Appointment of Finance and Administration Committee Chairman 8. Report and recommendations of Science Board. 9. PICES Perspectives. 3 10. Future meetings of the Organization and subsidiary bodies, including time and place for the 7th and 8th Annual Meetings. 11. Any other business. Access for cooperative research. 4 REPORT OF OPENING SESSION W X The meeting of October 14 was called to order Act that was avant-garde in international law by the Chairman, Dr. Warren S. Wooster, who terms. Though it drew upon the Conservation welcomed all delegates, observers and protocols attached to the proceedings of the researchers to the Fifth Annual Meeting. Dr. Second United Nations Conference on the Law Wooster called on Mr. Ted McWhinney, of the Sea (1958-1960), it broke new ground in Member of Parliament for Vancouver Quadra, its assertion of a municipal (national) law power Parliamentary Secretary to the Minister of to act affirmatively on behalf of these new Fisheries and Oceans, to make a statement on international law imperatives. behalf of the Canadian Government. It was in the same spirit that, in 1995, in the It is a pleasure to convey to the 200 marine course of Canada’s so called “Turbot War” with scientists here assembled from the member Spain and Portugal, designed legally to contain countries of this Organization - China, Japan, and limit extravagant overfishing by the vessels Russia, South Korea, and the United States and of those two countries of an endangered species Canada - greetings from the Prime Minister of that threatened to follow the North Atlantic cod Canada, Jean Chretien and also our Minister of into near extinction, Canada asserted a Fisheries and Oceans, Admiral Fred Mifflin. municipal (national) law power, in The fact that the inaugural meeting of this implementation of the new international law Organization, in 1992, was held in Victoria, conservation imperatives, to reach the fishing B.C., and that Canada, as host country, is now vessels and crews of other countries, operating receiving this follow-up Annual Meeting in just outside our national territorial waters and Nanaimo, B.C., testifies to the Canadian contiguous waters and maritime zones and have Government’s awareness of Canada’s new consequences harmful for our international law historical role as a Pacific Rim country, and also rights and for those of the World Community at to the importance that Canada assigns to large. Acceptance by Canada of the right, if not relations with our neighbour countries who share the duty, to act affirmatively in protection of the a Pacific littoral: relations that extend not new international law norms has meant an merely to trade and commerce but that also embracing of what an eloquent delegate to the include cultural and academic-scientific Third United Nations Conference on the Law of exchanges and the acceptance of a common the Sea (1970-1982), Ambassador Pardo of responsibility for the safeguarding of the natural Malta, called the concept of the Oceans and their resources of our common Pacific region, with resources as the Common Heritage of the oceans and the abundant fisheries ranking at Humankind. the top of these conservation imperatives. Canadian diplomats, and I may cite here Canada, as a country that shares three oceans, - especially Ambassador Allan Beesley, who was the Atlantic, the Pacific, and the Arctic - has born in this province of British Columbia and always been a leader in the movement to who now lives here in professionally active “internationalize” the duty of protection of the retirement, were part of a “Ginger” group at the oceans and ocean fisheries resources, the more marathon sessions of the Third United Nations so because our special relation with the Arctic Conference already referred to; and the Treaty has made us sensitive to its delicate ecosystem signed at Kingston, Jamaica, in December 1982, and the need for extra vigilance in its behalf. In reflects their energy and also their idealism 1970, we enacted, through our national which sometimes (happily, in retrospect) seemed Parliament, an Arctic Waters Pollution Control to go beyond their more cautiously formulated 5 advance official briefs. But the Canadian provides the indispensable empirical base to the foreign service, with a rich intellectual tradition development of the new international law on built by Lester Pearson, and Paul Martin Sr., and environmental protection and Conservation of Pierre-Elliot Trudeau, as political leaders, has the Natural Resources of the World Community. never believed that the obligations of the In the new Canada Oceans Act, which we expect international lawyer reduced to a mere to pass in our House of Commons before the end mechanical restatement of the pre-existing law, of October, 1996, and in our planned new as written. We have accepted, - in the spirit Canada Fisheries Act, we provide new and more proclaimed by Myres McDougal of Yale comprehensive municipal (national) legal bases University, the teacher of both President Gerald for doing that. In the spirit of co-operation, in a Ford and President Bill Clinton - that the role of common international endeavour, that your the international lawyer - whether lawyer- Organization so well represents, we invite you to diplomat, or judge, or parliamentarian - extends encourage your own national governments to to active participation in changing and up-dating continue their commitment to science and the law, so as to accord with the emerging scientific research in aid of the oceans and ocean juridical conscience of the World Community. research. It is a dynamic process of legal change: international law-in-the-making! Dr. Wooster called upon Dr. John C. Davis to make a statement on behalf of the Canadian In this context, our turbot dispute with Spain and Department of Fisheries and Oceans. Portugal is now before the International Court of Justice at the instance of those two countries, Mr. Chairman, honoured guests, colleagues, I and we will ask the international judges to strike am delighted to welcome you here today to out boldly in support of the new international Nanaimo and the Fifth Annual Meeting of law imperatives on safeguarding of endangered PICES. I am speaking on behalf of Dr. W. or disappearing species that are part of the Doubleday, Head of Delegation, who will join Common Heritage. In the same spirit, face with us shortly. You have heard words of welcome what we regard as the State of Alaska’s gross as well, from the Hon. T. McWhinney, over-fishing of Pacific Coast salmon, in Parliamentary Secretary, for the Department of violation of the legal norms established by the Fisheries and Oceans on behalf of Canada. This Canada-U.S. Pacific Salmon Treaty of 1985, we message is from the Canadian Delegation have invited the U.S. Government - so far responsible for hosting the meeting here in unsuccessfully - to submit this particular Nanaimo. problem to legally binding international arbitration, or, failing that, to the jurisdiction of The Local Organizing Committee has worked the International Court of Justice. We believe extremely hard to make this meeting a success our portion is historically right and in full accord and hopes that everyone will find their stay in with the enlightened trends in contemporary Nanaimo pleasant and scientifically rewarding. international law and its progressive I know how hard this group has worked and feel development in accordance with the United sure that we will have an excellent meeting as a Nations Charter mandate. result of their labour. Our government’s commitment extends, also, to We are particularly happy to be hosting the encouraging and supporting long-range, annual PICES meeting this year because Canada fundamental scientific research of the sort that is initiating its GLOBEC program in 1996. Our you are already undertaking, in your various GLOBEC program includes an Atlantic ways, in biological oceanography, fishery component focused on groundfish and a Pacific science, physical oceanography and climate, and component focused on salmon. The program is marine environmental quality. Your work multidisciplinary and involves government and 6 university scientists from across Canada. We delegate, to make a statement on behalf of the hope that the Pacific component of Canada’s Chinese Government. GLOBEC program will complement the GLOBEC programs of our partners in PICES On behalf of the Chinese Government, I wish to and realize the
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