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VI. NON-PARTIES TO A REGIONAL AGREEMENT

Chile said that newcomers to regional or subregional organizations are not likely to be happy with quotas and parties already fishing do not want to see their quotas reduced. Peru mentioned the possibility of coastal States using mechanisms, such as those described in L.11, as well as a court of arbitration, access to ports and economic measures. Canada said that States who choose not to belong to a regional organization may choose not to fish in the area, so Article 118 of the Law of the Sea should not apply. If they do, as the EC said earlier, they still have obligations not to undermine the effectiveness of regional organizations.

The Russian Federation said that this Conference must develop mechanisms that would make it possible to impose obligations on States starting to develop fishing industries to cooperate with existing organizations. The EC raised four points: international fishing organizations should be open to all States interested in exploiting stocks; non-member States should be invited to join regional organizations; even if they do not join regional organizations, States are not discharged from the obligation to conserve such stocks; and if a State does not want to join, the EC is not certain that sanctions should be applied. Morocco said that moral pressure should be brought to bear on non-cooperating states. Peru agreed with the EC that it is too premature at this stage to talk about sanctions on non-contracting parties, but that it is necessary to have a mechanism that would be respected by non-parties. The EC added that regional fishery organizations must not be closed shops.