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2014 Fishing for a Solution: Canada’s Fisheries Relations with the European Union, 1977–2013

Barry, Donald; Applebaum, Bob; Wiseman, Earl

University of Calgary Press

Barry, D., Applebaum, B. & Wiseman, E. "Fishing for a Solution: Canada’s Fisheries Relations with the European Union, 1977–2013". Beyond boundaries: Canadian defence and strategic studies series; 5. University of Calgary Press, Calgary, Alberta, 2014. http://hdl.handle.net/1880/50142 book http://creativecommons.org/licenses/by-nc-nd/4.0/ Attribution Non-Commercial No Derivatives 4.0 International Downloaded from PRISM: https://prism.ucalgary.ca FISHING FOR A SOLUTION: CANADA’S FISHERIES RELATIONS WITH THE EUROPEAN UNION, 1977–2013 Donald Barry, Bob Applebaum, and Earl Wiseman

ISBN 978-1-55238-779-5

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Acknowledgement: We acknowledge the wording around open access used by Australian publisher, re.press, and thank them for giving us permission to adapt their wording to our policy http://www.re-press.org APPENDIX I: MAP OF NAFO CONVENTION AREA

Source: Fisheries and Oceans Canada

125

APPENDIX II: MEMBERS OF NAFO

Current members Canada (1978) Cuba (1978) Denmark, on behalf of the Faroe Islands and Greenland (1979) European Union (1978) France, on behalf of St. Pierre and Miquelon (1996) Iceland (1978) Japan (1980) South Korea (1993) Norway (1978) Russian Federation (1992) Ukraine (1999) United States (1995)

Former members Bulgaria (1979–2006) Estonia (1992–1994, joined the EU) Latvia (1992–2004, joined the EU) Lithuania (1992–1994, joined the EU) Poland (1979–2004, joined the EU) Romania (1979–2002) Portugal (1979–1986, joined the EU) (1983–1986, joined the EU) East Germany (1978–1990, joined the EU following reunification of Germany) Soviet Union (1978–1991, succeeded by the Russian Federation)

Source: Northwest Atlantic Fisheries Organization

127

TABLE I 562 7,247 19,816 12,722 EU Catch to NAFO to Reported Reported 0 EU

12,000 26,400 1988 20,000 Quota Unilateral Unilateral 0 0 3,100 EU 14,750 NAFO NAFO Quota 6,441 28,179 EU 19,896 22,648 Catch Catch to NAFO to Reported Reported

7,500 EU 26,400 1987 Quota Unilateral Unilateral 0 3,100 6,465 12,345 EU TABLE I TABLE NAFO NAFO Quota (Quantities in Tonnes) 11,571 11,079 EU 23,388 30,285 Catch to NAFO to Reported Reported

7,500 EU 26,400 1986 Quota Unilateral Unilateral to NAFO for NAFO Groundfish Stocks and 2J3KL Cod for 1986–1992 0 3,100 6,465 12,345 EU Comparison of EU Unilateral Quotas, EU NAFO Quotas, and EU Catches Reported NAFO NAFO Quota Stock 3M Cod 3NO Cod 3M Redfish 3LN Redfish

130 FISHING FOR A SOLUTION

9,831 2,888 2,549 3,205 85,379 26,559 58,820 250 3,000 5,000 9,000 4,000 25,000 84,000 188,650 104,650 1 0 0 NS 510 250 350 300 19,260 19,260

1,183 5,106 2,954 16,992 33,607 137,006 103,399 2 3

375 59,275 25,000 76,400 135,675 1 0 0 NS 610 375 350 300 23,545 23,545

3,788 2,789 5,887 21,122 60,446 170,355 109,909 2 3

58,900 25,000 68,560 127,460 1

0 0 NS 350 700 300 23,260 23,260

3M American Plaice 3LNO American Plaice 3LNO Yellowtail 3NO Witch 3+4 Squid 3NO Capelin Totals 2J3KL Cod Totals Grand

Table I 131 638 7,311 6,825 13,672 NAFO EU Catch EU Catch Reported to to Reported 0

7,000 6,000 12,000 EU 1990 Quota Unilateral Unilateral 0 0 7,750 6,860 EU NAFO NAFO Quota 548 6,344 18,817 13,225 EU Catch NAFO Reported to to Reported 0 (Quantities in Tonnes) (Quantities 12,000 26,400 20,000 TABLE I (CONT’D) TABLE EU 1989 Quota Unilateral Unilateral 0 0 3,100 9,220 EU NAFO NAFO Quota to NAFO for NAFO Groundfish Stocks and 2J3KL Cod for 1986–1992 Cod and 2J3KL Stocks NAFO Groundfish NAFO for to Comparison of EU Unilateral Quotas, EU NAFO Quotas, and EU Catches Reported Reported Quotas, EU NAFO and Catches of EU Unilateral Comparison Stock 3M Cod 3NO Cod 3M Redfish 3LN Redfish

132 FISHING FOR A SOLUTION

461 130 650 1,411 31,098 23,759 54,857 1 NS 750 200 500 500 1,200 28,150 60,150 32,000 1 0 0 317 NS 100 750 350 16,127 16,127

350 1,131 1,990 3,404 11,492 57,301 35,595 92,896 4 700 1,670 6,820 3,000 4,000 99,590 25,000 157,990 58,400 1 0 0 NS 100 385 350 700 13,855 13,855 3M American Plaice 3LNO American Plaice 3LNO Yellowtail 3NO Witch 3+4 Squid 3NO Capelin Totals 2J3KL Cod Totals Grand

Table I 133 704 605 4,148 6,421 2,377 6,845 EU Catch Catch NAFO Reported to to Reported 328 350

5,016 6,665 6,465 6,000 EU 1992 Quota Unilateral Unilateral 328 476 350 5,016 6,665 6,465 EU NAFO NAFO Quota 973 6,511 1,603 11,201 4,280 10,502 EU Catch Catch NAFO Reported to to Reported 328 350 5,016 7,750 6,465 6,000 EU 1991 Quota (Quantities in Tonnes) (Quantities Unilateral Unilateral TABLE I (CONT’D) TABLE 0 328 350 5,016 7,750 6,465 EU NAFO NAFO Quota to NAFO for NAFO Groundfish Stocks and 2J3KL Cod for 1986–1992 Cod and 2J3KL Stocks NAFO Groundfish NAFO for to Comparison of EU Unilateral Quotas, EU NAFO Quotas, and EU Catches Reported Reported Quotas, EU NAFO and Catches of EU Unilateral Comparison Stock 3M Cod 3NO Cod 3M Redfish 3LN Redfish 3M American Plaice 3LNO American Plaice

134 FISHING FOR A SOLUTION 122 586 7,523 29,331 21,808 1 NS 140 750 1,000 26,714 53,014 26,300

1 0 0 NS 140 750 20,190 20,190

246 1,100 23,512 36,416 59,928 1 NS 140 750 1,000 27,799 54,799 27,000 1 0 0 NS 140 750 20,799 20,799 3LNO Yellowtail 3NO Witch 3+4 Squid 3NO Capelin Totals 2J3KL Cod Totals Grand not specified the EU was 1. Quota to Fisheries Agreement. Term the EU under Canada-EU Long Canada to by allocated of 2J3KL cod 2. Includes 9,500t all stocks. quotas for EU did not set unilateral 3. The 84,000t. Set initially at the EU in July 1989. 4. Amended by Based reports on from the European Commission, and Fisheries Oceans Canada, and the Northwest Atlantic Organization Fisheries

Table I 135

NOTES

INTRODUCTION where it is found in documents and statements from the pre-1993 era. 1 Quoted in Elizabeth Brubaker, 4 Barbara Johnson, “Canadian “Unnatural Disaster: How Foreign Policy and Fisheries,” in Politics Destroyed Canada’s Barbara Johnson and Mark Zacher, Atlantic Groundfisheries,” in eds., Canadian Foreign Policy and Terry Lee Anderson, ed., Political the Law of the Sea (Vancouver: Environmentalism (Stanford: University of British Columbia Hoover Institution Press, 2000), Press, 1977), 52–99; Christian 164. Lequesne, “Fisheries Policy: 2 Brubaker, “Unnatural Disaster,” Letting the Little Ones Go?” in 164–65. Helen Wallace, William Wallace 3 The European Union (EU) was and Mark A. Pollack, eds., Policy- known as the European Economic Making in the European Union, 5th Community (EEC), or simply ed. (New York: Oxford University as the European Community Press, 2005), 353–76. (EC), from its establishment in 5 Lequesne, “Fisheries Policy,” 358. 1958 until 1993, when it acquired Lequesne writes with reference its present name following the to Europe, but the point applies conclusion of the Treaty on equally to Canada. Economic Union (Maastricht 6 Peter Clancy, “Chasing Whose Treaty). The contemporary title is Fish? Atlantic Fisheries Conflicts used throughout the book, except and Institutions,” in Mark

137 Sproule-Jones, Carolyn Johns legislation_summaries/glossary/ and B. Timothy Heinmiller, eds., coreper_en.htm#. Canadian Water Politics: Conflicts 12 Lequesne, “Fisheries Policy,” 362, and Institutions ( 366. and Kingston: McGill-Queen’s 13 Jesús Iborra Martin, Policy University Press, 2008), 262–65. Department B: Structural and 7 William E. Schrank, “The Cohesion Policies, European Newfoundland Fishery: Ten Parliament, “The Common Years After the Moratorium,” Fisheries Policy: Practical Guide” Marine Policy 29 (2005): 417–18; (Provisional version), 2009, 17. Report of the Independent Chair: 14 European Parliament, “MEPs back MOU Steering Committee, international agreements on fishing “Newfoundland and Labrador in the North Atlantic,” Press Fishing Industry Rationalization Release, October 18, 2010. and Restructuring, February 2011,” 15 European Commission, “The i. Common Fisheries Policy: A 8 Johnson, “Canadian Foreign Policy User’s Guide” (2009), 22. See also and Fisheries,” 54. Constance Johnson, “Fisheries 9 The history of the term and Enforcement in European its antecedents is discussed in Community Waters Since Advisory Panel on the Sustainable 2002—Developments in Non- Management of Straddling Fish Flag Enforcement,” International Stocks in the Northwest Atlantic, Journal of Marine and Coastal Law “Breaking New Ground: An Action 23 (2008): 249–70. Plan for Rebuilding The Grand 16 Lequesne, “Fisheries Policy,” 361; Banks Fisheries,” June 2005, 60–71. ORCA Inc., “Select Drivers in 10 Lequesne, “Fisheries Policy,” the European Union in Relation 354. For extended discussions to NAFO Management and of the Common Fisheries Policy Decisions,” prepared for the see: Michael Leigh, European Advisory Panel on Sustainable Integration and the Common Management of Straddling Fisheries Policy (London: Croom Stocks in the Northwest Atlantic Helm, 1983); M.J. Holden and (February 2005), 12; Victor David Garrod, The Common Vázquez Seijas, “The Future for Fisheries Policy, 2nd ed. (Oxford: Fisheries-Dependent Communities: Fishing News Books, 1996); and The Fisheries-Dependent Region Robin R. Churchill and Daniel of Galicia,” Journal of Northwest Owen, The EC Common Fisheries Atlantic Fisheries Science 23 Policy (Oxford: Oxford University (October 1998): 175–84. Press, 2010). 17 European Parliament, Directorate 11 Lequesne, “Fisheries Policy,” General Internal Policies of the 362–63; Europa/Summaries Union, “Fisheries in Portugal,” of Legislation/Glossary, IPOL/B/PECH/NT/2006_04, Coreper, http://europa.eu/ 26/07/2006; ORCA Inc., “Select Drivers,” 12.

138 FISHING FOR A SOLUTION 18 Article XI. 3 requires that the inspection of international Fisheries Commission “seek to fisheries on these banks under ensure consistency between: an international scheme of joint any proposal that applies to a management.” (The Contracting stock or group of stocks occurring Party referred to is Canada.) both within the Regulatory Area Convention on Future Multilateral and within an area under the Cooperation in the Northwest fisheries jurisdiction of a coastal Atlantic Fisheries (NAFO State, or any proposal that would Convention), http://www.nafo.int/ have an effect through species about/frames/about.html. interrelationships on a stock or The EU was a reluctant signatory group of stocks occurring in whole to the NAFO Convention, having or in part within an area under the opposed Canada’s special interest fisheries jurisdiction of a coastal outside 200 miles through the State; and “consistency” and “special any measures or decisions taken consideration” clauses. Throughout by the coastal State for the the UN Law of the Sea negotiations management and conservation the Union had taken the position of that stock or group of stocks that coastal states should have no with respect to fishing activities more rights outside 200 miles than conducted within the area under its other states. It decided to adopt fisheries jurisdiction.” the Convention for other reasons, Article XI. 4 requires that including the fact that it was the “Proposals adopted by the first international agreement it Commission for the allocation signed to which the Soviet Union of catches in the Regulatory was also a party. The Soviet Union Area shall take into account the had not yet recognized the EU. interests of Commission members The Soviets’ acceptance of the EU whose vessels have traditionally as an equal member of NAFO was fished within that Area, and, in an important step for the EU in the allocation of catches from achieving international acceptance. the Grand Bank and Flemish 19 Scott Parsons, “Governance Cap, Commission members of Straddling Stocks in the shall give special consideration Northwest Atlantic: A Review of to the Contracting Party whose the Northwest Atlantic Fisheries coastal communities are primarily Organization,” Prepared for the dependent on fishing for stocks Advisory Panel on Straddling related to these fishing banks and Stocks (March 5, 2005), 5. which has undertaken extensive 20 Adela Rey Aneiros, “Spain, the efforts to ensure the conservation European Union, and Canada: of such stocks through A New Phase in the Unstable international action, in particular, Balance in the Northwest Atlantic by providing surveillance and Fisheries,” Ocean Development

Notes 139 and International Law 42, nos. Agreement on Fisheries Between 1–2 (2011): 162. For the text of the the Government of Canada and the proposed new Convention see European Economic Community, “Amendment to the Convention on July 28, 1978; Financial Post Future Multilateral Cooperation in (, ON), July 14, 1978; the Northwest Atlantic Fisheries,” confidential sources. GC 07/4, http://www.nafo.int/ 4 Agreement on Fisheries Between about/frames/activities.html. the Government of Canada and the 21 The UN Fish Agreement, European Economic Community, sometimes referred to as the July 28, 1978. UN Fish Stocks Agreement 5 European Report, no. 526, July 26, (UNFSA), is formally known as 1978, no. 535, September 23, 1978, the Agreement no. 570, February 7, 1979, and no. for the Implementation of the 573, February 17, 1979; Europe, no. Provisions of the United Nations 2555, November 8, 1978; Leigh, Convention for the Law of the Sea European Integration, 129. of 10 December 1982 relating to the 6 European Report, no. 574, February Conservation and Management of 21, 1979, and no. 608, June 30, 1979. Straddling Fish Stocks and Highly 7 International Canada, March Migratory Fish Stocks. 1979, 102, and June 1979, 153; Agreement in the Form of an Exchange of Letters Between the 1 | THE LONG-TERM FISHERIES Government of Canada and the AGREEMENT European Economic Community, This chapter draws on Donald Concerning their Agreement on Barry, “The Canada-European Fisheries, Brussels, June 28, 1979. Community Long Term Fisheries 8 Europe, no. 2782, November 5/6, Agreement: Internal Politics and 1979, and no. 2824, January 11, Fisheries Diplomacy,” published in 1980; European Report, no. 646, the Journal of European Integration December 15, 1979, and no. 654, 9, no. 1 (Autumn 1985): 5–28. January 23, 1980; Agreement in 1 Terence C. Bacon, Director the Form of an Exchange of Letters General, Bureau of Legal Affairs, Between the European Economic Department of External Affairs, Community and the Government “Canada’s 200-Mile Fishing Zone: of Canada, Concerning the The First Five Years,” Chilean Amendment and Extension of Conference on EEZ and Fisheries their Agreement on Fisheries of Regime,” October 28–30, 1981. June 28, 1979, Official Journal of 2 Michael Leigh, European the European Communities (OJEC), Integration and the Common no. L 312, December 8, 1979. See Fisheries Policy (London: Croom also Council of the European Helm, 1983), 128, 130. Communities, Press Release, April 3 European Report, no. 524, July 19, 14, 1980. 1978, and no. 528, August 3, 1978;

140 FISHING FOR A SOLUTION 9 Canada, Task Force on Atlantic particular, in Article XI, paragraph Fisheries, Navigating Troubled 4, thereof.” Waters: A New Policy for the 15 Eurofish Report, no. 97, February Atlantic Fisheries (Ottawa: 18, 1981; confidential sources. Minister of Supply and Services 16 Eurofish Report, no. 93, December Canada, 1983), 23. 10, 1980, no. 97, February 18, 1991, 10 International Canada, February and no. 98, March 14, 1981. 1979, 66; Eurofish Report, no. 17 Evening Telegram (St. John’s, NL), 61, September 5, 1979; European December 11, 1980; confidential Report, no. 646, December 15, sources. The Nova Scotia industry 1979; confidential sources. was also affected by the LTA, 11 Leigh, European Integration, 92–93, although in a more limited 129–30; Eurofish Report, no. 82, way than its Newfoundland June 25, 1980. counterpart. Opinion within the 12 European Report, no. 695, June 21, Nova Scotia industry was divided. 1980; Eurofish Report, no. 81, June Inshore fishers, who did not fish 25, 1980; confidential sources. in areas assigned to the EU but 13 The EU’s apparent concession expected to gain from the LTA would provide little benefit tariff concessions, supported the to Canada. Under GATT this pact. However, offshore fishers quantity was open to all exporting and processors, many of whom countries, including those with operated trawlers in the Union’s even more preferential quotas. designated fishing zones, opposed Thus, it would be largely used it. The Nova Scotia government up before Canada could take initially supported the LTA but advantage of it. Norway and later came out against it. Chronicle Iceland could use this tariff rate Herald (Halifax, NS), March 4, quota when theirs were filled or 1981 and October 27, 1981. even, as they did, use it first to keep 18 Globe and Mail (Toronto, ON), others out of the EU market, after January 1, 1981; Europe, no. 3079, which they would use their own February 16/17, 1981; Eurofish quotas. Report, no. 96, February 4, 1981, 14 Agreement on Fisheries Between and no. 97, February 18, 1981; the European Economic Leigh, European Integration, Community and the Government 130–31. of Canada, December 30, 1981, 19 Europe, no. 3080, February 18, OJEC, no. L 379, December 31, 1981; Eurofish Report, no. 96, 1981. In Article VII. 1, “The two February 4, 1981; European Report, Parties reaffirm their attachment to no. 752, February 18, 1981. the cooperation provided for in the 20 Eurofish Report, no. 97, February Convention on Future Multilateral 18, 1981. Cooperation in the Northwest 21 The Times (London, UK), March 7, Atlantic Fisheries, to which they 1981. are Contracting Parties and, in

Notes 141 22 European Report, no. 759, March 35 Department of Fisheries and 14, 1981; Eurofish Report, no. 99, Oceans, “Reduced Cod Allocation March 18, 1981; Europe, no. 3101, for EEC,” Press Release, March 4, March 19, 1981. 1983. 23 The Times, March 21, 1981. 36 Globe and Mail, March 1, 1983, and 24 The Times, March 25, 1981. March 2, 1983. 25 European Report, no. 763, March 37 Agreement in the Form of an 28, 1981. Exchange of Letters Between the 26 Leigh, European Integration, 113– Government of Canada and the 14; confidential sources. European Economic Community 27 Daily News (St. John’s, NL), January Concerning their Fisheries 5, 1982; confidential sources. Relations, December 30, 1983. 28 Eurofish Report, no. 119, December 38 Chronicle Herald, December 2, 22, 1981; European Report, no. 832, 1983; Evening Telegram, December December 24, 1981; confidential 21, 1983; Globe and Mail, sources. December 21, 1983. 29 Agreement on Fisheries Between the European Economic 2 | FROM CONFLICT TO Community and the Government COOPERATION of Canada, December 30, 1981, OJEC, no. L 379, December 31, 1 L.S. Parsons, Management of 1981. Marine Fisheries in Canada, 30 Confidential sources. Canadian Bulletin of Fisheries and 31 Leigh, European Integration, 132; Aquatic Sciences, no. 225, 1993, Eurofish Report, no. 120, January 273–74. 13, 1982, and no. 121, January 27, 2 Parsons, Management of Marine 1982; Europe, no. 3288, January Fisheries in Canada, 273–74; 15, 1982, and no. 3293, January 22, Eurofish Report, no. 204, May 9, 1982; confidential sources. 1985; Evening Telegram (St. John’s, 32 Confidential sources. NL), May 11, 1985, June 18, 1985, 33 Globe and Mail, March 12, 1982; and June 27, 1985; Canadian Press, Evening Telegram, March 12, January 23, 1986. 1982; Eurofish Report, no. 125, 3 This discussion is based on March 24, 1982; Donald Barry, Parsons, Management of Marine Icy Battleground: Canada, the Fisheries in Canada, 265–71. International Fund for Animal 4 Commission Communication Welfare, and the Seal Hunt (St. to the Council, “Guidelines and John’s: Breakwater Books, 2005). Initiatives for the Development 34 European Report, no. 903, of the Common Fisheries Policy,” November 6, 1982, and no. 920, June 12, 1986, COM (86) 302 final. January 15, 1983; Globe and Mail, The implementation of this policy, January 28, 1983; confidential which led to severe overfishing, was sources. not only harmful to the Northwest Atlantic resources but also

142 FISHING FOR A SOLUTION devastated many of the fisheries quotas, which it did not, while the of developing countries with other members of NAFO caught which the EU signed agreements. their legitimate shares of the TACs

In these agreements the Union set by NAFO, the Fmax level would primarily provided money for have been significantly overfished quotas. Often the recipient for some stocks. This unilateral countries lacked an adequate claim had no basis in science but management system in their zones reflected the EU Common Fisheries and the EU provided scientific Policy’s commitment to find fishing “cooperation,” which generally opportunities for its distant water overestimated the amount of fish fleet in apparent disregard for the available to catch. This, combined costs. with the lack of effective controls, 10 Eurofish Report, no. 226, March 27, led to unrestricted fishing and 1986, and no. 230, May 22, 1986; unsustainable catch levels. Toronto Star (Toronto, ON), May 5 Tom Wray, “Spain to Harden 7, 1986; Evening Telegram, May 21, EEC Line on Fisheries,” National 1985. Fisherman, November 1985, 5. 11 Toronto Star, May 27, 1986. 6 Karl M. Sullivan, “Conflict in 12 Government of Canada, “New the Management of a Northwest Fisheries Relations Policies Atlantic Transboundary Stock,” Announced,” News Release, June Marine Policy 13, no. 2 (April 13, 1986. For many years the 1989): 128. Spanish fleet had fished close to the 7 Evening Telegram, October 2, 1985; 200-mile limit, and at times some Times & Transcript (Moncton, of these boats followed the fish into NB), October 8, 2005; Parsons, Canada’s waters. This reflected Management of Marine Fisheries in the historic distribution of the Canada, 274–75. stocks, which were primarily found 8 Prior to this time, the Fisheries in greater abundance inside the Council had routinely reviewed Canadian zone. When Canadian and adopted the results of the patrol vessels approached the NAFO meetings. Although the Spanish vessels fled back across the Council had the authority to line. Some were apprehended and annul the European Commission’s fined. The owners were prepared objections, it did not do so in 1985 to pay the fines as “a cost of doing or any subsequent year. business.” With the higher fines 9 Eurofish Report, no. 235, July 31, the Spanish fleet, their past claims 1986. Although the EU stated that of faulty navigation equipment it would set its unilateral quotas resolved, suddenly found the

based on a higher, Fmax, level of boundary line, demonstrating that fishing, it allocated to itself all of real financial penalties can restrain

the increased fishing at the maxF illegal fishing practices. level and more. Even if the EU had 13 Eurofish Report, no. 233, July 3, limited its catches to its unilateral 1986.

Notes 143 14 Parsons, Management of Marine other NAFO stocks, bringing its Fisheries in Canada, 275. total unilateral quotas to 188,650t 15 Chronicle Herald (Halifax, NS), compared to its NAFO quotas of September 12, 1986, and September 19,260t. However, that year the 13, 1986; Eurofish Report, no. 248, decline in the stocks started to hit February 19, 1987. the EU fleet. Its total cod catch 16 Evening Telegram, November 21, reported to NAFO was only about 1986; Fisheries Council of Canada, 47,000t. Between 1986, when the “Foreign Overfishing: A Strategy Union began setting unilateral cod for Canada,” February 1987; quotas until 1992, when it stopped, Toronto Star, February 14, 1987. without external restraints its 17 Parsons, Management of Marine cod catches fell by more than 75 Fisheries in Canada, 275; Eurofish percent. While all other NAFO Report, no. 254, May 14, 1987. members respected the scientific 18 Chronicle Herald, September 18, advice, the Union continued 1987; Eurofish Report, no. 268, to support its fleet’s perceived November 26, 1987. immediate needs to the detriment 19 Times & Transcript, January 29, of all other NAFO parties. 1988. See also Europe, no. 4683, Canada had similar problems December 17, 1987; Eurofish with the decline in quotas and Report, no. 270, December 22, 1987. its effect on the Canadian fleet. The EU’s own NAFO reported However, strict conservation quotas and catches show that measures were adopted, even if although the Union increased their adoption may have been its unilateral quotas, its actual slow at times. The reduction in catches fell, reflecting the declining quotas in the Northwest Atlantic state of the stocks. For example, had a significant effect on most of for 1986 the EU fleet reported to Canada’s fleet, which only fished in NAFO cod catches at about the the Northwest Atlantic. The EU’s same level as its unilateral cod distant water fleet in the NRA was quotas of 103,176t. The EU’s official significantly less affected. NAFO cod quotas, not including 20 Eurofish Report, no. 264, October any 2J3KL cod, were only 21,215t. 1, 1987, and no. 273, February 28, For 1987, the Union unilaterally 1988; Globe and Mail (Toronto, increased its cod quotas for 1988 ON), October 2, 1987. to 110,300t, while its NAFO quota 21 Eurofish Report, no. 287, September fell to 18,810t. It reported cod 1, 1988. catches of 59,944t. For 1988, For 22 Eurofish Report, no. 289, September 1988, the EU accepted the NAFO 29, 1988; Globe and Mail, moratorium on 3M cod but also September 14, 1988, and September increased its unilateral quota for 15, 1988; Ottawa Citizen (Ottawa, 2J3KL cod, bringing its unilateral ON), September 16, 1988. cod quotas to 110,400t, and set 23 Ottawa Citizen, December 14, for itself unilateral quotas for six 1988. See also Eurofish Report, no.

144 FISHING FOR A SOLUTION 293, November 24, 1988, and no. the Canadian Atlantic Fisheries 295, December 15, 1988. Scientific Advisory Committee 24 Department of Fisheries and determined that a major factor Oceans, “Northern Cod TAC for contributing to the perilous 1989 Announced,” News Release, condition of the stock was that the February 8, 1989. Canadian TACs had been set too 25 John C. Crosbie, No Holds Barred: high because much of the catch My Life in Politics (Toronto: reporting data of the 1960s and McClelland & Stewart, 1997), 378. 1970s, on which the TACs had been 26 William E. Schrank, “The based, was inaccurate. European Newfoundland Fishery: Ten Years fleets were blamed because of their After the Moratorium,”Marine blatant disregard for conservation Policy 29, no. 5 (2005): 410. See after the EU decided, in 1985, to also Alan Christopher Finlayson, conduct an unrestricted fishery. Fishing for Truth: A Sociological 28 Globe and Mail, April 1, 1989; Analysis of Northern Cod Stock Michael Harris, Lament for an Assessments from 1977 to 1990, Ocean: The Collapse of the Atlantic Institute of Social and Economic Cod Fishery: A True Crime Story, Research, Memorial University, updated ed. (Toronto: McClelland Social and Economic Studies, & Stewart, 1999), 111–15. no. 52, 1994; Leslie Harris, “The 29 Department of Fisheries and East Coast Fisheries,” in Bruce Oceans, “Report on Northern Cod Mitchell, ed., Resource and Released,” News Release, May 20, Environmental Management 1989; confidential sources. in Canada: Addressing Conflict 30 Financial Post (Toronto, ON), April and Uncertainty (Toronto: 10, 1989. Oxford University Press, 1995), 31 Eurofish Report, no. 303, April 27, 130–50; George A. Rose, Cod: The 1989, and no. 305, May 25, 1989. Ecological History of the North 32 Eurofish Report, no. 306, June 8, Atlantic Fisheries (St. John’s: 1989. Breakwater Books, 2007); Alex 33 Eurofish Report, No 306, June 8, Rose, Who Killed the Grand 1989; Globe and Mail, June 3, 1989. Banks? The Untold Story Behind 34 Globe and Mail, September the Decimation of One of the 12, 1989; Eurofish Report, no. World’s Greatest Natural Resources 314, September 28, 1989. The (Mississauga, ON: John Wiley official’s claim was incorrect. At & Sons Canada, 2008); and Gus the time, fishing vessels from Etchegary, Empty Nets: How Greed NAFO members Norway, Iceland, and Politics Wiped Out the World’s and Denmark did not receive Greatest Fishery (Portugal Cove–St. allocations in Canadian waters. Philip’s, NL: Boulder Publications, The other NAFO parties did so 2013). as part of bilateral agreements 27 In its retrospective analysis of signed between 1977 and 1979. the northern cod stock in 1989, These agreements as well as the

Notes 145 NAFO Convention had recognized using the objection procedure in the special interest of Canada as 1985. The most egregious attack on the coastal state in the NAFO relative stability was on the 3LN Regulatory Area. The EU had redfish stock. The TAC in 1987 refused such agreements, even was 25,000t, which was allocated though Spain and Portugal had to Contracting Parties that had signed similar pacts prior to their traditionally fished that stock. accession to the EU. The EU’s member states had never 35 “Relative stability” was a key done so. Accordingly, the Union’s principle built into the EU’s quota was 0t, which it had always Common Fishery Policy. It meant been, although as a result of its that as TACs changed, the relative objection the EU allowed its fleet quota shares of the stocks would to catch 28,179t that year. The EU remain constant among the fleet caught more than the entire member states. The same principle TAC itself. With these catches the applied in NAFO. However, the EU raised its proportion from 0 EU’s unilateral quotas violated to 53 percent of the total catch this principle. For example, in envisaged for that year. This attack 1989, the NAFO TAC for the 3NO on the principle of relative stability cod stock on the Tail of the Grand affected all NAFO members Banks was 25,000t. The EU’s share and prompted the unanimous at relative stability was 37 percent support, except for the EU, for this of the TAC. However, with its resolution. unilateral quota set at 26,400t, 36 Globe and Mail, September 16, the Union claimed more than 100 1989. percent of the TAC set by NAFO. 37 Government of Canada, “Canada Further, by its actions it created Announces Public Information a new TAC of 42,180t (the NAFO Campaign to End EC Overfishing,” TAC of 25,000t minus the EU’s News Release, October 6, 1989; NAFO-allocated quota of 9,220t Department of External Affairs, plus the Union’s unilateral quota “Canada Appoints Ambassador of 26,400t), and the EU claimed for Marine Conservation,” Press 62.2 percent of this EU-imposed Release, October 6, 1989. TAC. For witch flounder in the 38 Department of External Affairs. same area the situation was even “Information Campaign on worse. The EU had no traditional Overfishing in the Northwest fishery and hence a zero quota. Atlantic, Activity Summary, June However, through its objection it 1989–December 1009;” Globe and set a unilateral quota of 4,000t for Mail, October 14, 1989. this stock. The entire TAC for the 39 Globe and Mail, December 13, stock was 5,000t. The EU claimed 1989; Calgary Herald (Calgary, the right to 80 percent of its newly AB), December 21, 1989. created TAC, even though it had no 40 Calgary Herald, December 20, significant catches before it began 1989.

146 FISHING FOR A SOLUTION 41 Ottawa Citizen, January 19, 1990, 51 “Report of the Implementation and January 2, 1990. Task Force on Northern Cod 42 Globe and Mail, January 24, 1990. (Summary), October 1990 (Ottawa: 43 Globe and Mail, January 20, 1990. Minister of Supply and Services The Spanish and Portuguese Canada, 1990), 4–5; Globe and fishing effort for flatfish was a new Mail, December 15, 1990. development. The EU had received 52 Eurofish Report, no. 344, December very small NAFO quotas because of 6, 1990. a lack of a traditional fishery. These 53 Globe and Mail, December 1, 1990. were based on the historical catches 54 Government of Canada, of the French fleet operating out “Canadian Ministers Object to of St. Pierre and Miquelon. The EC Commission’s Fishing Quota quotas assigned to the EU were proposals,” News Release, no. in turn traditionally allocated to 286, December 11, 1990; Eurofish France. This changed when the EU Report, no. 345, December 20, onslaught on the fish stocks began 1990. The EU’s unilateral quotas in 1986, and Spain and Portugal for the redfish and witch flounder massively entered the flatfish stocks were largely based on the fishery. EU’s unrestricted catches of these 44 Globe and Mail, January 23, 1990. stocks in 1986 and 1987, under the 45 Independent Review of the State Union’s objections to NAFO TACs of the Northern Cod Stock, “Final and quotas. (The Commission had Report,” February 1990 (Ottawa: not set any quota limits for these Minister of Supply and Services stocks for those years.) Reported Canada, 1990); Eurofish Report, no. EU catches in 1986 and 1987 327, April 12, 1990. averaged about 26,000t and 3,400t 46 Globe and Mail, May 8, 1990; for these stocks, respectively. These Eurofish Report, no. 330, May 24, catch levels were used by the Union 1990. to set unilateral quotas for these 47 Ottawa Citizen, May 11, 1990; stocks in 1988 and 1989 at 20,000t Eurofish Report, no. 330, May 24, and 4,000t, respectively. However, 1990. the EU reported catches for these 48 Chronicle Herald, May 16, 1990. stocks in 1990 had declined to 49 Institute of Fisheries and Marine 7,311t and 1,411t. Therefore, the Technology, “Conference on the levels of the Union’s unilateral Conservation and Management of quotas set for these stocks in the Living Resources of the High 1991 (6,000t and 1,000t) were not Seas,” St. John’s, NL, September a serious effort to cut the fleet’s 5–7, 1990. fishing possibilities. Since 1986, 50 Eurofish Report, no. 339, September through the use of the objection 27, 1990. See also no. 336, August procedure, the EU had created a 16, 1990, and no. 338, September dependency on two new fisheries 13, 1990. for its fleets, which it could not eliminate. Further, despite the EU’s

Notes 147 agreement to accept most of the 65 Globe and Mail, April 3, 1992, NAFO quotas for 1991, its reported April 22, 1992, and April 24, 1992; catches show that most of its own Europe, no. 5717, April 25, 1992. unilateral and NAFO quotas were 66 Globe and Mail, May 16, 1992; exceeded. Europe, no. 5742, June 3, 1992; 55 Eurofish Report, no. 345, December European Community, “The 20, 1990, and no. 344, December 6, Scientific Council of NAFO 1990. Assesses the Status of Cod,” NR 56 Eurofish Report, no. 350, March 14, (92) 10, June 5, 1992; Eurofish 1991. Report, no. 382, June 18, 1992. 57 Government of Canada, “Canada 67 Raymond B. Blake, From Calls for Emergency Decision to Fishermen to Fish: The Evolution of Improve Controls on Fishing,” Canadian Fisheries Policy (Toronto: News Release, February 28, 1991. Irwin Publishing, 2000), 86; Globe 58 Department of Fisheries and and Mail, July 3, 1992 Oceans, “Monitoring of Fishing 68 J. Alan Beesley and Malcolm Activity Outside 200 Miles,” News Rowe, “Canada and Spain: A Release, May 14, 1991. Conservation Dispute,” L.O.S. 59 Globe and Mail, July 13, 1991, Lieder, reprinted in the August 28, 1991, September 14, Telegraph-Journal (St. John, NB), 1991, December 17, 1991, and May 16, 1995; Eurofish Report, no. December 19, 1991; Eurofish 395, December 21, 1992. Report, no. 364, September 26, 69 The Packet (Clarenville, NL), 1991, and no. 370, December 19, December 29, 1992, and January 1991. 5, 1993; Crosbie, No Holds Barred, 60 Globe and Mail, January 6, 1992 396; Agreement in the Form of an and January 10, 1992. Exchange of Letters Between the 61 Globe and Mail, February 18, 1992, European Community and the February 25, 1992, and February Government Concerning Fisheries 29, 1992; Eurofish Report, no. 374, Relations, Official Journal of the February 27, 1992. European Communities (OJEC), no. 62 Globe and Mail, March 3, 1992, L 340, December 12,1993. March 4, 1992, March 30, 1992, April 1, 1992, and April 2, 1992; 3 | THE confidential sources. 63 European Community “EC/ This chapter draws upon Donald Canada Relations in the Fisheries Barry, “The Canada-European- Sector,” NR (92) 5, April 2, 1992. Union Turbot War: Internal 64 Globe and Mail, April 2, 1992. See Politics and Transatlantic also Government of Newfoundland Bargaining,” published in the and Labrador, “Questions and International Journal 53, no. 2 Answers on Foreign Overfishing,” (Spring 1998): 253–84. 21 May 1992.

148 FISHING FOR A SOLUTION 1 House of Commons, Debates, to demonstrate the Council’s January 18, 1994, 10. view that if the fishing pressure 2 Eurofish Report, no. 421, January remained as high as it had been 20, 1994; Chronicle Herald in the previous year a catch of (Halifax, NS), January 25, 1994. about 40,000t could be expected 3 Evening Telegram (St. John’s, NL), compared to the EU’s 1993 catch February 26, 1994. of close to 50,000t. The Council 4 Globe and Mail (Toronto, ON), also made it clear that it advised a April 4, 1994. significant reduction in the level of 5 Government of Canada, “Canada fishing and warned of the need to Takes Action to End Foreign reduce catches. Overfishing,” NR-HQ-94-30E, May 9 Brian Tobin, All in Good Time 10, 1994; Chronicle Herald, May (Toronto: Penguin Canada, 2002), 11, 1994; Eurofish Report, no. 432, 95, 95–96; Eurofish Report, no. 434, June 23, 1994. For a discussion of July 21, 1994; confidential sources. the Coastal Fisheries Protection 10 Europe, no. 6397, January 13, 1995; Act and its impact, see Douglas European Report, no. 2007, January Day, “Tending the Achilles’ Heel of 14, 1995; Eurofish Report, no. 446, NAFO: Canada Acts to Protect the January 19, 1995. Nose and Tail of the Grand Banks,” 11 Evening Telegram, January 14, Marine Policy 19, no. 4 (1995): 1995. 257–70. 12 Chronicle Herald, February 1, 1995. 6 Claude Emery, “Overfishing 13 Fisheries and Oceans, “Tobin Says Outside the 200-mile Limit: NAFO Must Decide Equitable Atlantic Coast,” Current Issue Sharing Arrangement for Review 90-6E, Research Branch, Greenland Halibut,” News Release, Library of Parliament, September January 27, 1995. 17, 1996, 13–14 and App. 3. 14 Tobin, All in Good Time, 96–100; 7 Northwest Atlantic Fisheries confidential sources. Organization (NAFO), Scientific 15 NAFO, Report of the Fisheries Council Reports, 1994 (Scientific Commission – Special Meeting, 30 Council Meeting, 8–22 June 1994), January–1 February 1995, Brussels, 108. Belgium, NAFO/FC Doc. 95/2; 8 Globe and Mail, September 24, Tobin, All in Good Time, 99–102; 1994; Eurofish Report, no. 439, Michael Harris, Lament for an September 29, 1994; NAFO, Report Ocean: The Collapse of the Atlantic of the Fisheries Commission, 16th Cod Fishery, A True Crime Story, Annual Meeting, 19–23 September updated ed. (Toronto: McClelland 1994, NAFO/FC Doc. 94/13; & Stewart, 1999), 13–14. Canada’s Eurofish Report, no. 445, December lobbying efforts are discussed in 22, 1994. The figure of 40,000t Adam Gough, “The Turbot War: that was in the Scientific Council The Arrest of the Spanish Vessel report was not a recommendation Estai and its Implications for for a catch level. It was intended

Notes 149 Canada-EU Relations,” MA Thesis, Canada, 2007), 109, 108–9; Tobin, University of Ottawa, 2009, 49–50. All in Good Time, 116–18, 123–24. 16 Globe and Mail, February 2, 1995. 30 Toronto Sun (Toronto, ON), March 17 Europe, no. 6212, February 3, 1995. 19, 1995; Globe and Mail, March 10, 18 Globe and Mail, February 8, 1995: 1005. Europe, no. 6419, February 13/14, 31 Globe and Mail, March 10, 1995; 1995; Tobin, All in Good Time, Harris, Lament for an Ocean, 1–5; 103–7, 109–12. Gough, “The Turbot War,” 59–63. 19 Tobin, All in Good Time, 103–4; 32 James Bartleman, Rollercoaster: My Europe, no. 6420, February 15, Years as Jean Chrétien’s Diplomatic 1995. Advisor, 1994–1998 (Toronto: 20 Globe and Mail, February 16, McClelland & Stewart, 2005), 101. 1995. 33 Evening Telegram, March 10, 1995. 21 Evening Telegram, February 18, 34 European Union, “Commission February 21, and February 22, Statement on Canadian Attempted 1995. Seizure of European Fishing 22 Evening Telegram, February 21, Vessel,” NR (95) 11, March 9, 1995. 1995. 35 Sources Say, no. 793, March 10, 23 Globe and Mail, February 24, 1995. 1995; Financial Times (London, 24 Tobin, All in Good Time, 109; UK), March 11, 1995. Robert H. Edwards, “The 1995 36 Calgary Herald, March 11, 1995. Canada-European Union Turbot 37 European Report, no. 2023, March Crisis: Canada’s Use of Force in 11, 1995. Fisheries Diplomacy,” MA Thesis, 38 Gough, “The Turbot War,” 65. Dalhousie University, 1996, 39 Globe and Mail, March 13, 1995; 159–68. Calgary Herald, March 13, 1995; 25 Tobin, All in Good Time, 114, 112– Bartleman, Rollercoaster, 101–3. 14; Department of Foreign Affairs 40 Globe and Mail, March 14, 1995; and International Trade, “Canada Calgary Herald, March 14, 1995. Urges EU to Respect NAFO 41 Globe and Mail, March 14, 1995; Halibut Allocation and Negotiate Manchester Guardian Weekly Outstanding Issues,” News Release, (Manchester, UK), March 19, 1995. March 2, 1995. 42 European Report, no. 2024, March 26 Europe, no. 6434, March 6–7, 1995; 15, 1995; Globe and Mail, March European Report, no. 2022, March 15, 1995. 8, 1995. 43 Globe and Mail, March 15, 1995. 27 Calgary Herald (Calgary, AB), The “official” logbook significantly March 7, 1995; Sources Say, no. 786, under-reported the catch in order March 7, 1995, Europe, no. 6435, to allow the vessel to remain on March 8, 1995; Evening Telegram, the fishing grounds for the entire March 8, 1995. season. As well, failure to file 28 Globe and Mail, March 9, 1995. accurate catch reports when the 29 Jean Chrétien, My Years as Prime vessel offloaded its catch in port Minister (Toronto: Alfred A. Knopf would lead to lower taxes having

150 FISHING FOR A SOLUTION to be paid by the owner and an ship returned to its home port no opportunity to move large volumes violation could be detected. It was of fish onto the grey market. Tax easy for vessels to divert to another evasion in the fisheries sector in port, transfer or dump their catch Spain and Portugal was well known at sea, or discard small-mesh nets. in the industry and to the two 52 Globe and Mail, March 29, 1995. countries’ governments. Tobin sent Rowat back to Brussels 44 Europe, no. 6441, March 16, 1995. after rumors surfaced that the 45 European Report, no. 2045, March Department of Foreign Affairs was 18, 1995; MacLean’s, March 27, lobbying Chrétien and the Privy 1995, 18–19. Council Office to take charge of the 46 Globe and Mail, March 16, 1995. negotiations because of fisheries 47 Calgary Herald, March 17, 1995, officials’ alleged inflexibility. Smith and March 18, 1995; Europe, no. reportedly complicated Rowat’s 6443, March 18, 1995; European task in Brussels by implying that Report, no. 2025, March 18, 1995, the government was not fully and no. 2026, March 21, 1995; behind Tobin. Earlier, Smith had Globe and Mail, March 18, 1995, tried to persuade Tobin to alter his and March 21, 1995; Sources stance, asking whether it was worth Say, no. 801, March 16, 1995; damaging relations with the EU Department of Foreign Affairs and for the sake of “some smelly little International Trade, “Conservation fish.” Tobin notes that, in contrast, and Enforcement Primary officials abroad performed their Concerns in Fisheries Dispute,” duties admirably. Among these was News Release, March 18, 1995; Jacques Roy, the ambassador to confidential sources. the EU, who, along with Gianluigi 48 Globe and Mail, March 18, 1995; Giola, the European Commission’s Evening Telegram, March 21, 1995. Deputy Director General for 49 Calgary Herald, March 17, 1995, External Relations, played an and March 19, 2005. important role in helping to keep 50 Bartleman, Rollercoaster, 103–5; the lines of communication open Globe and Mail, March 22, 1995; between the two sides. Tobin, All Calgary Herald, March 24, 1995. in Good Time, 117, 133–36; Gough, 51 Sources Say, 28 March 1995; “The Turbot War,” 77–78. Gazette (Montreal, QC), March 53 Brian Tobin, All in Good Time, 132. 28, 1995; Europe, no. 6449, March 54 Globe and Mail, March 30, 1995. 27–28, 1995; Calgary Herald, 55 Financial Times (London, UK), March 28, 1995. The inability of EU March 29, 1995; Eurofish Report, fisheries inspectors to find evidence no. 451, March 30, 1995; Europe, of infractions by the fleet was a no. 6452, March 31, 1995. For the long-standing enforcement issue. text of the note, see European A vessel would be inspected at sea, Union, “Canada-EU fisheries a serious infringement found, and Dispute,” News, NR (95) 18, March a citation issued. But when the 30, 1995.

Notes 151 56 Calgary Herald, March 31, 1995. Chrétien (Toronto: Viking Canada, 57 Calgary Herald, March 31, 2003), 113. 1995; Europe, no. 6452, March 69 Globe and Mail, April 17, 1995; 31, 1995. Some commentators Bartleman, Rollercoaster, 112–13; have suggested that the British “Agreement on Fisheries Between government supported Canada the Government of Canada and the for reasons of historic ties and European Community,” April 16, sentiment. But it is unlikely that 1995. these factors overrode domestic 70 Sources Say, no. 840, April 18, 1995. considerations. Readers will recall 71 Financial Times, April 18, 1995; that the UK blocked approval of European Report, no. 2034, April the long-term fisheries agreement 19, 1995. with Canada for almost a year 72 Financial Times, April 18, 1995. because the British fishing industry The court ruled that it did not have was dissatisfied with the pact’s jurisdiction over the case because market access provisions, and to of the Canadian reservation lodged gain bargaining leverage on other when parliament amended the Common Fisheries Policy matters. Coastal Fisheries Protection Act to 58 Chronicle Herald, March 30, 1995. authorize Canadian enforcement 59 Globe and Mail, March 30, 1995. actions on the high seas. The 60 Eurofish Report, no. 452, April 12, second legal action was a civil case 1995; Daily News (Halifax, NS), brought by the owner and captain April 13, 1995. of the Estai for damages as a result 61 European Report, no. 2031, April 8, of Canada’s alleged illegal arrest 1995, and no. 2032, April 12, 1995; and detention of the vessel and its Tobin, All in Good Time, 133–36. crew. After many years of costly 62 European Report, no. 2032, April legal action the courts dismissed all 12, 1995; confidential sources. claims against Canada. 63 Gazette, April 12, 1995; Chronicle 73 Fishing News, April 21, 1995; Herald, April 13, 1995; Financial Calgary Herald, May 1, 1995. Times, April 13, 1995. 74 European Union, “EU-Canada 64 European Report, no. 2033, April Relations,” News, NR (95) 21, May 14, 1995. 2, 1995. 65 Calgary Herald, April 13, 1995; 75 Times Colonist (Victoria, BC), May Globe and Mail, April 15, 1995. 4, 1995; Europe, no. 6476, May 8–9, 66 Globe and Mail, April 15, 1995, and 1995. April 17, 1995. 76 Chronicle Herald, September 16, 67 Calgary Herald, April 15, 1995; 1995; Eurofish Report, no. 464, Bartleman, Rollercoaster, 110–11; September 28, 1995; confidential Chrétien, My Years as Prime sources. Minister, 110–11. 77 See, for example, Ted L. 68 Chrétien, My Years as Prime McDorman, “Canada’s Minister, 111; Lawrence Martin, Aggressive Fisheries Actions: Iron Man: The Defiant Reign of Jean Will They Improve the Climate

152 FISHING FOR A SOLUTION for International Agreements?” 4 | NEW CONFLICTS ARISE Canadian Foreign Policy 2, no. 1 WorldFish Report (formerly 3 (Winter 1994/95): 5–28. Allan Eurofish Report), no. 17, June 17, Gotlieb and Charles Dalfen argue 1996, and no. 19, July 18, 1996. that under Prime Minister Pierre 2 Convention on Future Multilateral Trudeau, Canada began pursuing Cooperation in the Northwest its national and international Atlantic Fisheries (NAFO legal interests more aggressively, Convention), Article V. 3. especially with regard to maritime 3 Evening Telegram (St. John’s, NL), concerns. See their “National September 17, 1996; WorldFish Jurisdiction and International Report, no. 25, September 26, 1996. Responsibility: New Canadian 4 Fisheries and Oceans Canada, Approaches to International Law,” “NAFO Recognizes Canadian American Journal of International Decision-making for Northern Law 67 (April 1973): 229–58; and Cod,” News Release, September 16, Michael Harris, Lament for an 1996. Ocean, 9. Prime Minister Chrétien 5 WorldFish Report, no. 36, March claimed that Canada’s actions 13, 1997; Evening Telegram (St. during the Turbot War were aimed John’s, NL), September 13, 1997; at enhancing the prospects for Ottawa Citizen, October 11, 1997. an international accord. (Prime 6 Western Star (Cornerbrook, NL), Minister Jean Chrétien, Address September 22, 1997; WorldFish to the American Society of Report, no. 51, October 9, 1997. In Newspaper Editors, Dallas, Texas, the late 1980s the Faroe Islands’ April 6, 1995.) In the judgment of shrimp fleet began to fish on Christopher Joyner and Alejandro the Nose of the Banks in NAFO Alvarez von Gustedt, the dispute Division 3L. This fishery was contributed to the successful on the same shrimp stock that conclusion of the United Nations straddled the Canadian 200-mile Convention on Straddling Stocks limit and had been traditionally and Highly Migratory Species in fished inside the Canadian zone August 1995. See “The Turbot War by Canada. Canada protested this of 1995: Lessons for the Law of fishery, claiming it was having a the Sea,” International Journal of negative impact on the portion Marine and Coastal Law 11, no. 4 of the stock in Canadian waters. (November 1996): 425–58. The Faroese insisted they had the 78 Donald Barry, “Toward a Canada- right to an “experimental fishery.” EU Partnership?” in Patrick M. Despite objections, the Faroese Crowley, ed., Crossing the Atlantic: continued their “experiment” for Comparing the European Union three years. In order to reduce and Canada (Aldershot, UK: the increased pressure on the Ashgate, 2004), 35–58. shrimp stock as a whole, Canada sought NAFO management of

Notes 153 the 3L stock. NAFO agreed with by closing its ports to Danish- the Canadian proposal and set represented vessels. a TAC. It also decided, in a rush 7 Globe and Mail (Toronto, ON), at the end of a busy meeting, to June 20, 1998. allocate 90 percent of the stock 8 WorldFish Report, no. 73, August to Canada and distribute the 27, 1998. remaining 10 percent equally to 9 WorldFish Report, no. 75, all of the NAFO members. The September 24, 1998. Faroese were outraged when they 10 Telegram (formerly Evening received only 67t. They believed Telegram, St. John’s, NL), they deserved a larger share for September 22, 1998; WorldFish “developing” the “new” fishery. Report, no. 75, September 24, 1998, There was no sympathy for their and no. 81, December 22, 1998. position among the Contracting 11 WorldFish Report, no. 89, April Parties. None was prepared to give 22, 1999; Department of Foreign up its share to the Faroese or to be Affairs and International Trade, seen as rewarding a fleet that had “Better Access to EU Market for overfished the stock. Interestingly, Canadian Shrimp Exports,” News in the early 1990s when the EU Release, April 1, 1999. attempted to benefit from its 12 WorldFish Report, no. 100, “discovery” of the offshore turbot September 22, 1999; Fisheries stock, NAFO was consistent in not and Oceans Canada, “Dhaliwal rewarding excessive unauthorized Announces Canada Successful in fishing. The management regime Pushing for Conservation-Based and quota shares for 3L shrimp Management at NAFO Meeting,” continued in effect in subsequent News Release, September 17, 1999. years. Iceland had issues with the 13 Europe, no. 7618, December 18, 3M shrimp stock on the Flemish 1999; WorldFish Report, no. 106, Cap, especially about the effort December 21, 1999. management regime which would 14 Fisheries and Oceans Canada, limit the number of vessels and the “Canada Announces Progress days they fished as a conservation at the NAFO Annual Meeting,” measure. The shrimp fishery on News Release, September 22, 2000; the Flemish Cap is managed on the WorldFish Report, no. 126, October basis of effort control as a unique 4, 2000. solution to the historic fishery. The 15 WorldFish Report, no. 92, June Faroese have regularly objected 3, 1999, and no. 98, August 25, to their NAFO quota share of 3L 1999. The EU’s concern was shrimp. This led to overfishing of valid in that Canada had a their NAFO quota and subsequent different interpretation of UN disputes with Denmark, which Fish Agreement than the Union. represents the Faroe Islands and Canada’s new legislation allowed Greenland, in NAFO. Canada for regulations to authorize responded, on several occasions Canadian enforcement vessels to

154 FISHING FOR A SOLUTION act beyond NAFO limitations. The with levels as high as 90 percent. EU fought hard against this and The EU claimed that Canada’s Canada has still not fully embraced concerns were not substantiated in its legislative opportunities. the Union’s catch reports. This can 16 Department of Foreign Affairs and be explained by the fact that vessels International Trade, “Canada and with large catches of American Spain Issue Joint Declaration on plaice continued to fish for turbot Overall Relationship and Fisheries in other areas during the season. Cooperation,” News Release no. When the vessels returned to port 65, May 23, 2001, with attached for inspection the proportion of “Joint Declaration Regarding the American plaice was significantly Overall Relationship and Fisheries reduced. Cooperation.” 21 Northwest Atlantic Fisheries 17 WorldFish Report, no. 131, Organization (NAFO), Annual December 19, 2000. Report, 2001 (Scientific Council 18 WorldFish Report, no. 138, April 11, Meeting, 13 May–14 June, 2001), 2001, no. 136, March 14, 2001, and 109. no. 137, March 28, 2001. 22 The EU later claimed that it did 19 Advisory Panel on the Sustainable not oppose limiting the depth of Management of Straddling Fish the turbot fishery. The claim was Stocks in the Northwest Atlantic, unfounded, as shown by the fact “Breaking New Ground: An Action that it prevented a decision on the Plan for Rebuilding the Grand issue in 2003, at which point it Banks Fisheries,” June 2005, 100; seems to have disappeared from the Globe and Mail, February 6, 2002; agenda. Telegram, February 7, 2002. 23 NAFO, Annual Report, 2002 20 The depth restriction measure was (Fisheries Commission Special critical for Canada as the primary Meeting, 29 January–1 February quota holder of the small American 2002), 74–75; WorldFish Report, no. plaice TAC. The proposed measure 159, February 6, 2002; confidential was intended protect the stock, sources. which was being heavily fished 24 Department of Fisheries and as a bycatch by EU vessels in the Oceans, “Canada Disappointed turbot fishery. Many of them had with Outcome of NAFO Meeting,” American plaice as more than half News Release, February 5, 2002; their catch in NAFO Division 3NO, Telegram, February 3, 2002; CBC as they purposely targeted their News, “Foreign overfishing hurting fishery in shallow waters where the Grand Banks conservation,” stock was abundant rather than February 7, 2002, http://www. deeper waters that were preferred cbc.ca/stories/print/2002/02/07/ by the turbot stock. Virtually overfishing_nfld020207. all EU vessels fishing in NAFO 25 WorldFish Report, no. 159, Division 3NO exceeded the NAFO February 6, 2002. bycatch limit of 10 percent, some

Notes 155 26 Telegram, March 16, 2002, and 38 CBC.ca/news, “Canada must March 22, 2002; WorldFish Report, extend control of fishing, MPs no. 162, March 20, 2002. say,” September 3, 2002, http:// 27 Department of Fisheries and www.cbc.ca/story/canada/ Oceans, “Canada Closes Ports to national/2002/09/03/overfishing. Fishing Vessels from the Faroe html?print; Telegram, September Islands,” News Release, March 21, 2002. 21, 2002; “Canada Closes Ports 39 NAFO, Annual Report, 2002 to Fishing Vessels From Estonia,” (Fisheries Commission Annual News Release, April 9, 2002; Meeting, 16–20 September); “Minister Thibault Pleased with NAFO, Scientific Council Reports Russia’s Cooperation Regarding 2002 (Report of Scientific Council Fishing Vessel Olga,” News Release, Meeting 6–20 June); WorldFish April 3, 2002. Report, no. 175, September 18, 28 House of Commons, Standing 2002; Telegram, September 25, Committee on Fisheries and 2002; confidential sources. Oceans, “Foreign Overfishing: 40 Canada.com News, September Its Impacts and Solutions, 23, 2002, www.canada.com/ Conservation on the Nose and comp...={BE47D1-2337-4C67- Tail of the Grand Banks and the B41A-A18F50F16734} Flemish Cap,” June 2002, 22, 18–19. 41 Government of Newfoundland and 29 Government of Newfoundland and Labrador, “Minister confirms that Labrador, “Minister pleased with NAFO is a completely ineffective report from Standing Committee organization for Newfoundland on Fisheries and Oceans,” News and Labrador,” News Release, Release, June 12, 2002 (Fisheries September 20, 2002 (Fisheries and Aquaculture). and Aquaculture); National Post 30 Globe and Mail, June 12, 2002. (Toronto, ON), September 21, 2002; 31 Fisheries and Oceans Canada, Telegram, September 21, 2002. “Thibault Presses European 42 Fisheries and Oceans Canada, Ministers to Address Overfishing,” “Canada Announces New News Release. June 27, 2002. Approach to Dealing with Foreign 32 Telegram, May 29, 2002; WorldFish Vessels for Serious Violations of Report, May 29, 2002. NAFO Measures,” News Release, 33 WorldFish Report, no. 160, September 27, 2002. February 20, 2002. 43 Telegram, September 28, 2002. 34 WorldFish Report, no. 167, May 29, 44 Times & Transcript (Moncton, NB), 2002. September 28, 2002. 35 WorldFish Report, no. 172, August 45 Government of Newfoundland 7, 2002. and Labrador, “Minister proposes 36 The Nor’wester (Springdale, NL), custodial management to his August 21, 2002. provincial, territorial and federal 37 Telegram, August 27, 2002. counterparts,” News Release, September 27, 2002 (Fisheries and

156 FISHING FOR A SOLUTION Aquaculture); “Minister meets with 53 WorldFish Report, no. 197, July World Wildlife Fund to discuss 23, 2003; Fisheries and Oceans foreign overfishing and custodial Canada, “Canada Reopens Ports management,” News Release, to Estonian Fishing Fleet,” News November 6, 2002 (Fisheries and Release, December 13, 2002; Aquaculture). “Canada Reopens Ports to Faroese 46 Fisheries and Oceans Canada, Vessels, News Release, August “Government Responds to 7, 2003; “Canada Cites Two EU Standing Committee Report Vessels for NAFO Violations,” on Foreign Overfishing,” News News Release, September 19, 2003. Release, November 8, 2002, and 54 This is typical EU behaviour in attached “Government Response international fora that has been to the Standing Committee on clearly seen in NAFO on numerous Fisheries and Oceans’ Tenth occasions. When the Fisheries Report, Foreign Overfishing: Council has decided on a course Its Impacts and Solutions of action for EU waters, the Union (Conservation on the Nose and Tail tries to have it integrated into all of the grand Banks and the Flemish of its international relations. Many Cap).” issues decided by the Council have 47 Fisheries and Oceans Canada, been long promoted by others but “Report on the Roundtable Forum strongly resisted by the EU until on Improving the Management of the Council has acted. The gap Straddling Fish Stocks,” February between the need for action and a 20, 2003. reluctant Council decision, usually 48 Newfoundland and Labrador All- based on the lowest common Party Committee on the 2J3KL and denominator in the EU, has been 3Pn4Rs Cod Fisheries, Stability, the cause of significant disputes Sustainability and Prosperity: and extensive delays in adopting Charting a Future for Northern and and implementing important Gulf Cod Stocks, March 17, 2003, 6. conservation and enforcement 49 House of Commons, Standing measures. Committee on Fisheries and 55 NAFO, Report of the Fisheries Oceans, “Custodial Management Commission, Annual Meeting, Outside Canada’s 200-Mile Limit,” September 2003; Fisheries and March 2003. Oceans Canada, “Canada Makes 50 Fisheries and Oceans Canada, Progress on Compliance and “$50 Million Action Plan to Conservation at NAFO,” News Assist Fishers, Plant Workers and Release, September 19, 2003; Communities Affected by Closure WorldFish Report, no. 209, January of Three Cod Fisheries,”News 21, 2004; confidential sources. Release, April 24, 2003. 56 WorldFish Report, no. 201, October 51 Globe and Mail, June 6, 2003. 1, 2003. 52 WorldFish Report, no. 182, January 57 Fisheries and Oceans Canada, 8, 2003. “New $17.5 M Investment Expands

Notes 157 NAFO Enforcement,” News migration, and fishing activity Release, March 16, 2004. for this stock in the previous few 58 House of Commons, Debates, years had been occurring in the March 24, 2004, 1654. Northwest Atlantic and had not 59 Fisheries and Oceans Canada, been counted against the NEAFC “Government of Canada quota. The increased effort on Announces New Measures to the stock, which was justified by Combat Foreign Fishing,” News some NEAFC parties as outside Release, May 6, 2004. the NEAFC quotas, convinced 60 UNFA provides for a three- NEAFC and NAFO that further working-day period for the flag management was required by state of the vessel to deal with a NAFO to avoid overfishing this serious infringement allegation. stock on the high seas in the NAFO Should the flag state fail to comply, Regulatory Area. This was a case of UNFA allows for the inspecting déjà vu in relation to the arguments state to remove the vessel from the about 3L cod. But this time it was fishing grounds, bring it to port much easier to resolve. for further inspection, and hold 66 NAFO, Report of the General the vessel until the flag state has Council, 26th Annual Meeting, fulfilled its obligations. September 13–17, 2004; Report 61 Globe and Mail, May 7, 2004, and of the Fisheries Commission, May 8, 2004. Annual Meeting, September 62 Delegation of the European 2004); WorldFish Report, no. 226, Commission to Canada, “EU September 22, 2004. fishing vessel returns to port 67 Fisheries and Oceans Canada, after alleged infringement,” Press “Progress Achieved at Annual Release, May 10, 2004. Meeting of the Northwest Atlantic 63 Chronicle Herald (Halifax, NS), Fisheries Organization (NAFO),” May 19, 2004; Globe and Mail, News Release, September 19, 2004; August 20, 2004, and September 3, Government of Newfoundland 2004; confidential sources. and Labrador, “Minister comments 64 Fisheries and Oceans Canada, on outcomes of 26th annual “Diplomatic Cooperation NAFO meeting,” News Release, Strengthening International September 17, 2004 (Fisheries and Partnerships,” Backgrounder, Aquaculture); “Who’s coddling September 2004; Globe and Mail, whom? asks Hearn,” Press Release, August 28, 2004. September 20, 2004. 65 The redfish stock newly found 68 Fisheries and Oceans Canada, in the northern part of NAFO “Taking Action Against waters traditionally had been Overfishing Remains High Priority managed in the Eastern Atlantic by of Government of Canada,” News members of the Northeast Atlantic Release, September 24, 2004. Fisheries Commission (NEAFC) 69 Fisheries and Oceans Canada, but was showing signs of westward “Minister Regan to Visit

158 FISHING FOR A SOLUTION Portugal and Britain to Advance High Seas Fisheries and the United International Fisheries Governance Nations Fish Agreement – ‘Moving Agenda,” News Release, November from Words to Action’,” May 2, 5, 2004. 2005. 70 Fisheries and Oceans Canada, 78 CBC.CA News, “Little love for “Regan Addresses United Nations custodial management,” May 3, General Assembly: Invites Fishing 2005. Nations to St. John’s Conference,” 79 Fisheries and Oceans Canada, News Release, November 16, 2004. “Ministerial Declaration Signals 71 Fisheries and Oceans Canada, Political Commitment to Change “Regan Appoints Members of the Direction of High Seas Fisheries Advisory Panel on the Sustainable Governance,” News Release, May 2, Management of Straddling Fish 2005. Stocks in the Northwest Atlantic,” 80 Government of Newfoundland News Release, December 13, and Labrador, “Fishing Conference 2004; “Terms of Reference of the over, now turn commitments into Advisory Panel on the Sustainable action: Minister,” News Release, Management of Straddling Fish May 6, 2005 (Fisheries and Stocks in the Northwest Atlantic,” Aquaculture). Backgrounder, December 2004. 81 Telegram, May 31, 2005. 72 Telegram, December 2, 2004. 82 Government of Newfoundland and 73 Government of Newfoundland and Labrador, “Overfishing violations Labrador, “Province encouraged by must be prosecuted regardless of Prime Minister’s signals of action where they occur,” News Release, on overfishing,”News Release, May 31, 2005 (Fisheries and December 2, 2004 (Fisheries and Aquaculture). Aquaculture). 83 Advisory Panel on the Sustainable 74 Government of Newfoundland and Management of Straddling Fish Labrador, “Province encouraged Stocks in the Northwest Atlantic, by permanent funding to combat “Breaking New Ground: An Action overfishing,”News Release, Plan for Rebuilding the Grand February 24, 2005 (Fisheries and Banks Fisheries,” June 2005, 74, Aquaculture); Government of 75. Canada, “Canada’s National Plan 84 Fisheries and Oceans Canada, of Action to Prevent, Deter and “Minister’s Response to the Final Eliminate Illegal, Unreported and Report of the Advisory Panel on Unregulated Fishing,” March 2005. Straddling Fish Stocks,” Minister’s 75 Telegram, May 2, 2005. Statements, September 1, 2005. 76 National Post, May 2, 2005. 85 Greenpeace, The Northwest Atlantic 77 Government of Newfoundland and Fisheries Organisation: a case Labrador, Trevor Taylor, Minister study in how RFMO’s regularly fail of Fisheries and Aquaculture, to manage our oceans, June 2005; “Luncheon Address, International Bruce Cox (Executive Director, Conference on the Governance of Greenpeace Canada) to Prime

Notes 159 Minister , July 25, 2 Alison Auld, “European nations, 2005. Canada promise to reform 86 World Wildlife Fund, “Cod beleaguered fisheries group,”Yahoo overfished in the North-West News, September 23, 2005, http:// Atlantic despite ban,” News Article, www.nafo.ca/about/media/oth- September 20, 2005; Telegram, news/2005/alison.html. September 20, 2005; Andrew 3 Fisheries and Oceans Canada, Rosenberg, Marjorie Mooney-Seus “Canada and Portugal Sign and Chris Ninnes, “Bycatch on Memorandum of Understanding the High Seas: A Review of the on Fisheries Cooperation: Bilateral Effectiveness of the Northwest Committee Created to Oversee Atlantic Fisheries Organization Implementation,” News Release, (Toronto: WWF – Canada, 2005). October 12, 2005, with attachment “Memorandum of Understanding 5 | REFORMING NAFO on Fisheries Cooperation Between the Department of Fisheries and 1 “Report of the General Council and Oceans Canada and the Ministry its Subsidiary Bodies (STACFAD of Agriculture, Rural Development and STACFAC),” 27th Annual and Fisheries of Portugal,” October Meeting, 19–23 September 2005, 12, 2005. Tallinn, Estonia, in Northwest 4 CBC.ca/news, “Portugal pledges Atlantic Fisheries Organization to protect fish stocks,” October 13, (NAFO) Meeting Proceedings of 2005, http;//www.nafo.ca/about/ the General Council and Fisheries media/oth-news/2005/portpledges. Commission for 2005/2006, http:// html; Chronicle Herald (Halifax, archive.nafo.int/open/mp/2005-06/ NS), October 13, 2005, and October meetproc-2005-06.pdf; Canada, 14, 2005. “Discussion Paper – Modernization 5 Telegram (St John’s, NL), December of Regional Fisheries Management 6, 2005; Globe and Mail (Toronto, Organizations,” GC Working Paper ON), December 7, 2005. 05/05; Norway, “Discussion Paper 6 National Post (Toronto, ON), – The NAFO Convention in the February 17, 2006. Context of Recent Developments 7 Telegram, June 19, 2006. Concerning Ocean Governance,” 8 Fisheries and Oceans Canada, GC Working Paper 05/01; “Reform “Joint Canada-European Union of NAFO,” GC Doc 05/02; “NAFO Inspection Patrols in the Northwest Starts a Reform Process,” Press Atlantic Ocean,” News Release, July Release, September 23, 2005; 6, 2006. Fisheries and Oceans Canada, 9 Canadian Press, “Wait and see if “Northwest Atlantic Fisheries Canada, EU joint fish patrols work: Organization Commits to Reform N.L. fisheries minister,” July 6, Agenda,” News Release, September 2006. 23, 2005. 10 Chronicle Herald, August 29, 2006.

160 FISHING FOR A SOLUTION 11 Telegram, September 1, 2006, the fact that some data is forwarded September 12, 2006, September 13, to the European Commission for 2006, and September 16, 2006. onward dissemination to NAFO. 12 Telegram, September 1, 2006. Therefore, real time data may not 13 Canadian Press, “Recovery plan reach patrol vessels until hours or needed for cod stocks in northwest even days after it is sent and thus be Atlantic, WWF report says,” virtually impossible to verify. September 7, 2006, www.nafo. 16 Adela Rey Aneiros, “Spain, the int/about/media/oth-news/2006/ European Union, and Canada: recovery.html; Andrew A. A New Phase in the Unstable Rosenberg et al., High Seas Reform: Balance in the Northwest Atlantic Actions to Reduce Bycatch and Fisheries,” Ocean Development Implement Ecosystem-Based and International Law 42, nos. 1–2 Management for the Northwest (2011): 164. Atlantic Fisheries Organization 17 CBC.ca/news, September 26, 2006, (Toronto: World Wildlife Fund, www.cbc.ca/canada/nova-scotia/ July 2006). story/2006/09/26/hearn-nafo.html. 14 See Fisheries and Oceans 18 European Commission, “Fisheries: Canada, “Canada Achieves Major Commission welcomes progress Reforms at Historic Meeting of in the reform of the Northwest the Northwest Atlantic Fisheries Atlantic Fisheries Organisation,” Organization,” News Release, News Release, September 26, 2006; September 22, 2006; NAFO, Association of Seafood Producers, “NAFO Reform in Full Swing,” “Seafood Industry applauds Press Release, September 22, 2006. Canada’s leadership in building 15 It is not clear that “real time” a new NAFO,” News Release, data resolves the problem of September 28, 2006. misreporting as many claim it 19 Southern Gazette (Marystown, does. Vessels are required to report NL), October 3, 2006; Fisheries and their catches in real time to their Oceans Canada, “Canada Achieves national designated fisheries Major Reforms at Historic Meeting monitoring centre. The national of Northwest Atlantic Fisheries centre is supposed to transmit Organization,” News Release, the data as soon as possible to the September 22, 2006. NAFO Secretariat, which in turn 20 CBC.ca/news, November 9, forwards it to Contracting Parties 2006, www.cbc.ca/canada/ that have an enforcement presence newfopundland-labrador/ in the NAFO Regulatory Area. story/2006/11/09 However, most receiving centres 21 Telegram, October 8, 2006, and only operate during business November 25, 2006. hours, five days a week and not 22 Standing Senate Committee on holidays, whereas fishing is an on Fisheries and Oceans, “The ongoing activity. In the EU’s case Management of Atlantic Fish this may be further complicated by

Notes 161 Stocks: Beyond the 200-Mile 30 Bob Applebaum, “Notes for a Talk Limit,” February 2007, i. in St. John’s,” July 23, 2007. 23 Fisheries and Oceans Canada, 31 Telegram, August 20, 2007; CBC.ca/ “NAFO Reforms Proving to be news, July 24, 2007, www.cbc.ca/cp/ Successful,” Minister’s Statements, Atlantic/070724/t072419A.html. February 21, 2007. The Department 32 Bill Rowat, Scott Parsons, Bob did not make a detailed response Applebaum, and Earl Wiseman, to the Senate report until October “”International management of 2007. See Fisheries and Oceans the Northwest Atlantic fisheries Canada, “Government Response outside 200 miles from shore has to the Standing Senate Committee failed miserably,” Ottawa Citizen on Fisheries and Oceans Report (Ottawa, ON), September 20, 2007. – The Management of Atlantic 33 Fisheries and Oceans Canada, Fish Stocks: Beyond the 200-Mile “Statement by , Limit,” October 18, 2007. Minister of Fisheries and Oceans: 24 Chronicle Herald, May 17, 2007. Upcoming NAFO Meeting,” 25 NAFO, “Report of the Working September 21, 2007. Group on the Reform of NAFO,” 34 NAFO, “Amendment to the 25–28 April 2006, Montreal, Convention on Future Multilateral Canada, NAFO/GC Doc 06/01; Cooperation in the Northwest “Report of the Working Group Atlantic Fisheries,” NAFO/GC on the Reform of NAFO,” 12–15 Doc. 07/4, Article VI. 10. September 2006, and 17 September 35 NAFO, “Amendment to the 2006, Lunenburg County, Nova Convention on Future Multilateral Scotia, Canada, NAFO/GC Doc. Cooperation in the Northwest 06/3. Atlantic Fisheries,” Article XIV. 8, 26 NAFO, Working Paper by the 11. Chair, Convention on Cooperation 36 See Earle McCurdy (President, in the Northwest Atlantic Fisheries, Food, Fish and Allied Workers Reform W.G. W.P. 06/1, Revision 4. Union) in Standing Senate 27 Standing Senate Committee on Committee on Fisheries and Fisheries and Oceans, Proceedings, Oceans, Proceedings, October 29, Issue no. 3 (October 19, 2006), 2009, 12:29; Patrick McGuinness 3:61–3:88. (President, Fisheries Council of 28 Standing Senate Committee Canada) and Bruce Chapman on Fisheries and Oceans, “The (Executive Director, Groundfish Management of Atlantic Fish Enterprise Allocation Council) Stocks: Beyond the 200-Mile in House of Commons, Standing Limit,” February 2007, 47, 52. Committee on Fisheries and 29 NAFO, GC Intersessional Meeting Oceans, Evidence, October 22, – April 2007, Convention on 2009, 2, 3; confidential source. Cooperation in the Northwest 37 Fisheries and Oceans Canada, Atlantic Fisheries, GC Working “Canada Continues to Build on Paper 07/12. its Achievements in NAFO,”

162 FISHING FOR A SOLUTION News Release, September 28, the Convention of the Northwest 2007; FISHupdate.com, “EC: New Atlantic Fisheries Organization,” convention will strengthen NAFO,” News Release, October 8, 2009; October 2, 2007, www.nafo.int/ Standing Senate Committee on about/media/oth-news/2007/ Fisheries and Oceans, Proceedings, convention.html; Chronicle Herald, October 29, 2009, 12:30. October 11, 2007. 43 In a “Report on the Problems of 38 Conservative Party of Canada, the Fisheries Sector in the NAFO “The True North Strong and Zone,” submitted to the European Free: ’s Plan for Parliament’s Committee on ,” 2008; Government Fisheries in April 1996, rapporteur of Newfoundland and Labrador, Miguel Arias Cañete, a member Fisheries and Agriculture, from Spain, commented on the “Province Questions Statement impact of UNFA on NAFO. He on Custodial Management,” News noted that “Another ambiguity Release, October 18, 2008. within the agreement which could 39 Gus Etchegary, Empty Nets: affect NAFO is the one concerning How Greed and Politics Wiped the principle of biological unity Out the World’s Greatest Fishery which the agreement advocates as (Portugal Cove–St. Philip’s, NL: a main basis. Thus the agreement Boulder Publications, 2013), 273; establishes the requirement for any CBC.ca/news, September 10, given population to be regarded as 2009, http://www.cbc.ca/news/ one throughout the zone in which canada/newfoundland-labrador/ it is found, with no distinction story/2009/09/10/nl-fisheries- made between the EEZ [extended control-910.html; Letter from economic zone] and adjacent Premier Danny Williams to waters. It also establishes the Prime Minister Stephen Harper, requirement to cooperate for the September 11, 2009; Telegram, purposes of stock conservation. September 12, 2009. From this we may conclude that 40 Honourable , Minister of countries which fish in open waters Fisheries and Oceans, “Canada and should be involved in fisheries and the Northwest Atlantic Fisheries conservation management not just Organization,” Ministerial outside the EEZs of the coastal Statement, September 11, 2009. states but also within those waters, 41 Letter from W.A. Rowat, Scott since the cooperation requirements Parsons, Bob Applebaum, and expressly imposed by the Earl Wiseman to Prime Minister agreement would be meaningless Stephen Harper, September 20, if countries fishing in open waters 2009, with attached commentary could only participate in the on Minister Shea’s statement. allocation and distribution of TACs 42 Fisheries and Oceans Canada, relating solely to open waters.” “Minister Gail Shea Dispels http://www.europarl.europa. Myths about Amendments to eu/sides/getDoc.do?pubRef=-//

Notes 163 EP//TEXT+REPORT+A4-1996- Negotiation in an Age of 0133+0+DOC+XML+V0// Transition,” International Journal EN. 35, no. 1 (1979/1980): 1–20; and 44 House of Commons, Standing Robert D. Putman, “Diplomacy Committee on Fisheries and Domestic Politics: The Logic of and Oceans, Eighth Report, Two-Level Games,” International November 2009; Standing Senate Organization 42, no. 3 (Summer Committee on Fisheries and 1988): 427–60. Oceans, “Proposed Changes to 2 Stig S. Gezelius, “Limits to the Convention on the Northwest Externalisation: The EU NAFO Atlantic Fisheries organization Policy 1979–1997,” Marine Policy (NAFO),” Report, November 2009. 23, no. 2 (1999): 155. 45 Fisheries and Oceans Canada, 3 Raymond B. Blake, From “Canada Ratifies Amended Fishermen to Fish: The Evolution of Convention of the Northwest Canadian Fishery Policy (Toronto: Atlantic Fisheries Organization,” Irwin, 2000), 85. News Release, December 11, 2009. 4 Angus Reid Report, March/April 46 Government of Newfoundland 1995; New York Times, March 31, and Labrador, “NAFO Ignores 1995. Scientific Advice: Further Proof of 5 Globe and Mail, (Toronto, ON), Need for Custodial Management,” April 13, 1995. News Release, September 28, 2009. 6 Evan H. Potter, Transatlantic 47 The Guardian (London, UK), May Partners: Canadian Approaches 18, 2012; WorldFish Report, no. to the European Union (McGill- 328, November 20, 2008. Queen’s University Press: Montreal and Kingston, 1999), 240. CONCLUSION 7 Financial Times (London, UK), April 18, 1995. 1 Andrew Moravcsik, “Integrating 8 Adela Rey Aneiros, “Spain, the International and Domestic European Union, and Canada: Theories of International A New Phase in the Unstable Bargaining,” in Peter B. Evans, Balance in the Northwest Atlantic Harold K. Jacobson, and Robert Fisheries,” Ocean Development D. Putnam, eds., Double-Edged and International Law 42, nos. 1–2 Diplomacy: International (2011): 159–61. Bargaining and Domestic Politics 9 Aneiros, “Spain, the European (Berkeley: University of California Union and Canada,” 165. Press, 1993), 15. See also Gilbert R. Winham, “International

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INDEX

A C Advisory Panel on the Sustainable Manage- Canada ment of Straddling Fish Stocks in authority over fisheries, 4 the Northwest Atlantic, 95, 97–98 extension of fisheries jurisdiction, 2, 14 Anderson, David, 78 fisheries agreements, phases, 15–16 Andriessen, Frans, 41, 45 and fisheries enforcement, 3–4, 87, 91, Applebaum, Bob, 107, 108, 109, 111–12 92, 93, 95–96, 122–23 Arctic Waters Pollution Prevention Act, 53 Canada-EU fisheries agreement (1992), Association des Industries de Pêche, 78 51–52, 119 Atlantic Fisheries Adjustment Program, Canada-Newfoundland and Labrador Ac- 44, 77 tion Team on Cod Recovery, 88–89 Atlantic Groundfish Strategy, 77 Canada-Portugal fisheries agreements, Avirense, 92, 102 30–31, 100 Canada-Spain fisheries agreements, 30–31, 80 B Canadian Atlantic Fisheries Scientific Advi- Balladur, Édouard, 68 sory Committee, 38, 40, 43, 46, 49 Bartleman, James, 60, 61, 66, 71–72 Canadian Council of Fisheries and Agricul- Beesley, Alan, 42 ture Ministers, 87 Blake, Raymond, 119 Canadian Fisheries Adjustment and Re- Bonino, Emma, 57, 58, 64, 66–67, 70, 72 structuring Program, 77 Borg, Joe, 102, 111 Cavaco Silva, Anibal, 50, 72 Bourgon, Jocelyne, 60 Chapman, Bruce, 162n36 Brites, 92, 102 Chrétien, Jean Brittan, Leon, 56, 59–60, 64, 73 and Arctic Waters Pollution Prevention Brubaker, Elizabeth, 2 Act, 53

173 and Brian Tobin, 60–61, 71–72, 120 custodial management and Canada-EU relations, 73–74 calls for, 5, 12, 35–36, 39, 44, 50, 83–84, and foreign overfishing, 53, 54 85, 87, 88, 91–92, 94, 95, 96, 100, and Newfoundland’s demand to renego- 122, 123 tiate terms of union, 88 definitions of, 5, 83–84, 96 and Turbot War, 59, 66, 71–72 and Harper government, 101, 104, 111, Clark, Joe, 40, 44, 45 112 Coalition for Custodial Management, 85 and proposed new NAFO Convention, Coastal Fisheries Protection Act, 54, 60, 109, 110, 112 62–63, 74 rejection of, 36, 84, 88, 96, 97 Regulations, 54, 59, 60, 69, 74, 92 Collenette, David, 60 Common Fisheries Policy D creation of, 16 De Bané, Pierre, 27 decision making, 5 Delors, Jacques, 43, 50 enforcement, 6–7, 48, 86, 92–93, 151n51 external dimension, 17, 31–32, 80 impact of Portuguese and Spanish acces- E sion, 31–32 Ecosystem approach to fisheries manage- policy areas, 5, 16–17 ment, 97, 102, 106 reform of, 5, 46, 80, 84–85, 89 Efford, John, 78 role of Committee of Permanent Repre- Estai, 61, 62–63, 64, 65, 66–67, 69, 70–71, sentatives, 6 120–21 role of Council of Ministers, 5–6 Etchegary, Gus, 97 role of European Commission, 6 European Union role of European Parliament, 6, role of institutions of, 5–6 member states, 6–8 lowers tariff on shrimp, 78, 104. See also and subsidiarity principle, 7, 103–4 Common Fisheries Policy Community Fisheries Control Agency, 7 nomenclature, 137n3 Conference of World Fisheries Ministers, 49 EU-Canada Bilateral Scientific Observer Conference on the Conservation and Man- Agreement, 35 agement of Living Resources in the High Seas, 45 Crosbie, John F closure of northern cod fishery, 51 and EU overfishing, 38, 40, 41, 42–43, Faroe Islands 45, 46, 47–48, 50 access to Canadian ports, 83, 89, 95 and fisheries agreement with the EU fishing violations, 80, 86 (1992), 51–52 and NAFO observer program, 90–91 and northern cod TAC, 38–39 shrimp fishery, 94, 153–54n6 support for high seas protest, 49 Fischler, Franz, 80, 84, 89, 91 Fisheries Community Alliance of New- foundland, 108, 111 Fish, Food and Allied Workers Union, 22, 49, 58, 59, 85

174 FISHING FOR A SOLUTION Fisheries Association of Newfoundland and Helms-Burton Act, 74 Labrador, 22, 85 House of Commons, vote on proposed new Fisheries Council of Canada, 36, 78 NAFO Convention, 113 Fisheries Products International, 39, 43, 49 House of Commons, Standing Committee

Fmax fisheries management strategy, 32–33, on Fisheries and Oceans 40–41 government response to reports, 87–88

F0.1 fisheries management strategy, 9, 15, 32, reports, 83–84, 88, 100, 112–13 35, 40–41 Hulan, Bud, 59 Fraser, John, 30, 34 I G Implementation Task Force on Northern G7 Summit, 45 Cod, 46 G8 Summit, 93 internal politics General Agreement on Tariffs and Trade, 18 and EU’s challenge to NAFO, 122–23 Gezelius, Stig, 118 importance of, 4–5, 115 Giola, Gianluigi, 151n52 and long-term agreement on fisheries, Goldenberg, Eddie, 60 115–18 González, Felipe, 41, 45, 63, 66, 68 and Portuguese and Spanish accession to Governance of High Seas Fisheries and the EU, 118–19 United Nations Fish Agreement – and proposed new NAFO Convention, Moving from Words to Action, 95, 123–24 96–97 and Turbot War, 119–122 Grand Banks, location of, 8 International Commission for the North- Greenland west Atlantic Fisheries, 1–2, 14–15, access to Canadian posts, 89, 95 16 salmon harvest off, 18, 19, 21, 22–23 International Court of Justice, 54, 72 Greenland halibut. See turbot International Plan of Acton to Prevent, De- Greenpeace, 42, 98 ter and Eliminate Illegal, Unreport- Grimes, Roger, 88 ed and Unregulated Fishing, 95–96

H J hail system, 48 Joana Princesa, 89, 102 Harper, Stephen, 100, 111 Johnson, Barbara, 5 Harris, Leslie, 38–39, 46 Hearn, Loyola and custodial management, 83, 85, K 91–92, 100 Kirby Commission. See Task Force on and enforcement, 102, 103–4 Atlantic Fisheries equates custodial management with Krenzler, Horst, 65, 66 NAFO reform, 101 Kristina Logos, 54 and former fisheries officials, 108, 109 and NAFO, 94

Index 175 L Northern Cod Review Panel, 38–39, 40, 43, 44, 46 Lequesne, Christian, 4, 5 Northwest Atlantic Fisheries Organization long-term agreement on fisheries, 2–3, 11, (NAFO) 17 annual compliance assessments, 86, allocations continued, 33–34 93–94 implementation problems, 25–27 approval of proposed new NAFO Con- interim accords, 18–19 vention, 110 negotiation of, 17–18, 20–25 calls for NAFO reform, 95–98 provisions of, 21, 25 Canada’s approach, 101 resolution of, 27 Canadian and EU approaches to, 93–94 termination of, 34–35, 36 Canadian and EU reports on, 85–86, West German fleet’s challenge to, 29–30 89–90 challenges facing NAFO, 113–14. M changes to proposals, 109–10 changes to, 75–76 Major, John, 68 comparison to 1979 Convention process, Marin, Manuel, 40, 41–42, 44–45, 46–48, 105 50 consistency provision, 9, 139n18 Martin, Paul, 93, 96, 100 creation of, 2, 99–100 May, Arthur, 95, 108–109 criticism of and Canadian government’s McCurdy, Earle, 58–59, 62, 85, 87, 112, response, 110, 111–12 162n36 decision making, 9 McGuinness, Patrick, 162n36 dispute settlement, 106–107 Mifflin, Fred, 76, 78 enforcement, 10 Mitterand, François, 41 EU in lead role, 99–100, 101 Morgan, Jim, 26 EU use of, 33, 35, 36, 38, 43, 47, 48–49, Mulroney, Brian, 41, 43, 44–45, 49, 50 51, 59 Helsingor meeting, 81–83 Joint Enforcement Scheme, 34, 35, 37 N Joint Inspection Scheme, 37 National Sea Products, 39, 43, 49 management inside 200 miles, 106, 108 Newfoundland and Labrador members of, 8, 127 attitudes toward foreign fishing, 5 NAFO Regulatory Area, 8, 125 economic importance of fisheries, 4–5 new control and surveillance measures, North Atlantic Fisheries Ministers Confer- 10, 99, 103–4, 123 ence, 74, 84, 98 Newfoundland government and fishing Northeast Atlantic Fisheries Commission, industry’s views of ratifications, 103, 105–6 5, 110–11, 123 northern cod objection procedure, 9, 10 Canadian management of, 9, 14, 30, 35 pilot project, 90–91 closure of northern cod fishery, 51 ratifications of, 10, 113 decline of, 2, 3, 38–39, 40, 44, 46, 49 role of, 8–9 EU acknowledgment of, 51, 69 significance of, 110, 122 importance of, 1, 14 Spain and Portugal views of, 110, 124 NAFO agreement on, 76

176 FISHING FOR A SOLUTION special consideration provision, 9, Round-Table Forum on Improving the 139n18 Management of Straddling Fish structure of, 9 Stocks, 88 voting formula, 106 Rowat, William, 61, 66, 67, 107, 109, 111–12, weaknesses of, 9–10 151n52 Working Group on NAFO Reform, 99, Roy, Jacques, 58, 59–60, 62, 72, 151n52 105 working group proposals, 106–7 S St. Pierre and Miquelon boundary issue, O 36, 39–40 O’Rielly, Alastair, 85, 87 Santa Mafalda, 89, 97 Ouellet, André, 60, 73 Santer, Jacques, 60, 61, 66, 67, 70, 73, 74 Schmidt, Helmut, 24 Schrank, William, 39 P seal hunt, 26, 27 Paleocrassas, Yannis, 56 Shea, Gail, 111, 112 Parsons, Scott, 109, 111–12 Siddon, Tom, 34, 38, 40 Peckford, Brian, 24, 35–36, 39 Smith, Gordon, 60, 61, 65, 66, 67, 151n52 Pescamaro Uno, 66, 68, 120, 121 Solana, Javier, 64, 70 Portugal, economic importance of Spain fisheries, 8 complaint to International Court of fisheries agreements with Canada, Justice, 63, 72, 152n72 30–31, 100 economic importance of fisheries, 7–8 fishing violations, 12, 35, 48, 56, 57, 80, fisheries agreements with Canada, 85–86, 89, 92–93, 97, 102, 113–14 30–31, 80 impact on EU’s NAFO policy, 3, 11, fishing violations, 35, 48, 56–57, 80, 31–32 85–86, 91–92, 104, 113–14 joins EU, 31–32 Galicia, role in fisheries, 7–8 view of Canadian policy, 32 impact on EU’s NAFO policy, 3, 11, Precautionary principle, 78, 79, 94, 106 31–32 Prodi, Romano, 74 joins EU, 31–32 Putnam, Robert, 115 view of Canadian policy, 32, 45 Spanish Fishing Association, 114 Standing Senate Committee on Fisheries R and Oceans, reports, 104, 107–8, 112–13 Recreational fishery, 79 straddling stocks Regan, Geoff, 91, 92, 94, 95, 97, 98, 100 defined, 8 Reid, Gerry, 82, 83, 84, 87 threat to, 29–30 relative stability, 42, 146n35 Sullivan, Loyola, 111 Rey Aneiros, Adela, 10, 103, 124 Rideout, Tom, 37, 102 Rompkey, William, 104

Index 177 T negotiations, 61, 63–66, 68–71 plans delayed for closer Canada-EU Task Force on Atlantic Fisheries (Kirby cooperation, 72–73, 74–75 Commission), 20, 38 release of Estai, 64–65 Taylor, Trevor, 94, 96–97 Spain, government and public opinion, Thatcher, Margaret, 24 role of, 120 Thibault, Robert, 82, 84, 85, 87, 88, 89 Thorn, Gaston, 23 Tobin, Brian U appointed fisheries minister, 53–54 United Fishermen of Newfoundland, 49 builds case against Eatsi, 63, 64–65, 67 United Nations Conference on the Envi- declares turbot fishing moratorium, 61 ronment and Development (Earth and fisheries conservation, 58, 62, 64–65 Summit), 45, 49, 50, 51 and Jean Chrétien, 60–61, 71–72, 120 United Nations Conference on Straddling lays groundwork for firm response on Stocks and Highly Migratory Fish turbot, 59 Stocks, 45, 51, 66, 73, 152–53n77 and North Atlantic Fisheries Ministers United Nations Convention on the Law of Conference, 74 the Sea, 10, 14, 49, 107 presses EU on fishing violations, 56–57 United Nations Fish Agreement, 10, 51, 73, Treaty of Lisbon, 6 79–80, 92, 96, 105, 106, 107, 112–13, turbot stock 158n60 brought under NAFO, 54–55 United Nations Food and Agriculture decline of, 55–56 Organization, 77. 95–96 increase in TACs and quotas, 79, 81–82, United Nations Law of the Sea Conference, 86 2 rebuilding program, 91, 94 state of 55 Turbot War V agreement reached, 71–72 approved by NAFO, 73 Valcourt, Bernard, 44–45, 46, 47 arrest of Estai, 61 Vessel Satellite Monitoring, 78, 79, 89 Canada makes conservation case, 58, 62, Vigo Ship Owners Association, 66 64–65, 72 Canada, government and public opinion, role of, 120 W EU Council, role of, 121 Wells, Clyde, 48, 49, 50, 54, 59 EU makes legal case, 62, 64, 72 Williams, Danny, 85, 95, 96, 111 EU sets unilateral quota, 59 Winham, Gilbert, 115 EU solidarity tested, 63–64, 67–68, 70, Wiseman, Earl, 107, 109, 111–12 121 World Trade Organization, 78–79 European Commission, role of, 120–21 World Wildlife Fund, 87, 98, 99–100, 102–3 fishing violations of Estai, 63, 64 NAFO TAC and quota decisions, 56, 57–58

178 FISHING FOR A SOLUTION Fishing for a Solution provides a detailed, policy-based account of the development of Canada’s fisheries relations with the European Union (EU). It covers over 35 years of this contentious relationship, including the extension of Canada’s fisheries jurisdiction to 200 miles in 1977, the subsequent creation of the Northwest Atlantic Fisheries Organization (NAFO) in 1979, and the development of a proposed new NAFO Convention in 2007 that still awaits formal approval as of 2014. Based on the experience of participants from inside the various negotiations and debates, the book delves deeply into the impact of internal politics on international fisheries negotiations. Fishing for a Solution is relevant for anyone interested in the inner workings of Canadian foreign policy or in the complexities of managing international resource agreements. It offers a unique perspective on the development of Canada-EU fisheries relations, blending the insights of a long-time observer of Canadian diplomacy with those of two former senior public servants who headed the International Affairs Directorate of Canada’s Department of Fisheries and Oceans.

DONALD BARRY is Professor Emeritus of Political Science at the University of Calgary. He is the author of Icy Battleground: Canada, the International Fund for Animal Welfare, and the Seal Hunt (2005).

BOB APPLEBAUM was Director General of the International Affairs Directorate at the Government of Canada Department of Fisheries and Oceans from 1983 to 1995.

EARL WISEMAN was Director General of the International Affairs Directorate at the Government of Canada Department of Fisheries and Oceans from 1995 to 2002.