This report examines two international law of the sea issues that arise in connection with extended national jurisdiction over fisheries: (1) fishing vessel transit of an economic or fishery zone, and (2) treatment of fishing for highly migratory species (HMS hereafter) within the so-called mini-high seas, the enclosed or semi-enclosed pockets beyond national jurisdiction that are found, for example, in the west central and southwestern Pacific Ocean.
The following discussion, first, decribes the problem of fishing vessel transit in terms of the conflicting interests; second, identifies several alternatives for dealing with transitting fishery vessels; third, examines contrasting views of the draft LOS convention pertinent to this problem; fourth, appraises the alternatives in light of customary international law and the draft LOS convention. The second part of the report considers the enclaves question.
