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To Catch A Thief: Canadian Law And Practice In The Northwest Atlantic, 1992-1994

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Chapter Summary

This chapter discusses how the Government of Canada used the international and domestic law available to it to address the problem of non-contracting party (NCP) vessels fishing within the Northwest Atlantic Fisheries Organization (NAFO) area while, at the same time, developing new legal and operational tools to achieve more lasting solutions. Addressing the Republic of Korea proved to be an interesting problem as there were three levels of approach required. Firstly, Korea was seeking membership in NAFO and to receive quotas as a fishing State. Secondly, Korea was taking advantage of the loophole within the NAFO Convention involving NCP States to have two of its fishing vessels regularly in the NAFO area fishing without quota, inspection, or scientific reporting. Finally, and simultaneously, there were four Korean vessels flagged in Panama and fishing as NCP vessels under a flag of convenience.

Keywords: Canada; domestic law; international law; non-contracting party (NCP) vessels fishing; Northwest Atlantic Fisheries Organization (NAFO); Republic of Korea



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