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Brief von John B. Ashton an die Vereinten Nationen

February 6, 2006

HUNTON & WILLIAMS LLP
200 PARK AVENUE
NEW YORK, NEW YORK 10166-0005
TEL 212 309 1000
FAX 212 309 1100

Director, Division for Ocean Affairs
and the Law of the Sea
Office of Legal Affairs
Room DC2-0450
United Nations
New York, New York 10017

Dear Sirs:

I am an officer of the North Atlantic Salmon Fund (US) and in that capacity I am delivering to you a request from the NASF organization based in Reykjavik, Iceland, on behalf of a coalition of conservation organizations in Wales, England, France, Spain, Germany and other countries. The request asks that the Division investigate what we consider to be a flagrant violation by the Republic of Ireland of the provisions of Article 66 of the Law of the Sea Convention.

The situation is tragic and urgent. The violation in question is the persistent refusal of the Irish Government to cooperate on the conservation of Atlantic salmon native to the coalition countries as they migrate through Irish territorial waters. There are relatively few of these wild salmon left and, unless action is taken, many of them will be caught this summer by drift nets licensed by the Irish Government.

The coalition has sought for over three years to have the Irish Government recognize its obligations under Article 66 and address the fact that its nets are decimating the salmon stocks of other countries. The official response of the Irish Government is that salmon in its territorial waters are its „national assets“ to be exploited as it sees fit. Further Irish exploitation of coalition salmon may very well mean the end of sustainable salmon populations in certain coalition rivers. Few salmon rivers in Europe now support fully-sustainable salmon stocks. The Irish Republic is entitled to destroy its own wild salmon stocks (which it appears they are foolishly doing), but it is respectfully submitted that under Article 66 it cannot be permitted to destroy those of the coalition countries, at least without their consent.

I am not an international lawyer, but Article 66 is the only law I am aware of that gives rights to countries with anadromous fish stocks in the territorial waters of other states where such fish migrate. Were it not for Article 66, a „host country“ would have the unfettered right to destroy the native fish stocks of the country of origin. But this is exactly what is happening in Irish territorial waters. Hence this request to the Division, the office entrusted with the enforcement of the Law of the Sea Convention. There are over 50 conservation organizations that support this request, and NASF expects more organizations will join on.

I have assisted with the preparation of this request and stand ready to provide more information and answer any questions. Please note that we have asked for a prompt meeting with the Division and that you let us know if the request should be modified or supplemented in any way to enable the Division to act.

Sincerely yours,
John B. Ashton

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