공해 어업과 공해상 승선검색절차― 중서부태평양 수산위원회(WCPFC) 채택 절차를 중심으로

Amid growing concerns surrounding the stock status of bigeye and yellow-fin tuna fisheries under its jurisdiction, the Western and Central Pacific Fisheries Commission(WCPFC) has just set in motion the process of enforcing boarding and inspection on the high seas. The binding Boarding and Inspection Procedures were adopted by consensus in late 2006 as a Conservation and Management Measure(CMM 2006-08) to be officially implemented from May 16, 2008 as part of the stringent Monitoring, Control and Surveillance(MCS) scheme. The WCPFC Boarding and Inspection Procedures represent an unavoidable but unfortunate amendment to the age-old freedom of fishing and flag state jurisdiction on the high seas. The Procedures incorporate another major addition to the list of existing exceptions to the time-old freedom of fishing. The right of visit has already been allowed in respect of the ships suspected of engaging in piracy, slave trade or unauthorized broadcasting(UNCLOS, Art. 105), offences regarded as the 'public enemy' of mankind or public nuisance. The enforcement Procedures provide for several types of serious violation, such as the failure to maintain sufficient records of catch and catch-related data or an attempt to tamper with or disable intentionally the vessel monitoring system(VMS) enabling the WCPFC to track down vessel locations, to intimidate, interfere with or sexually harass an authorized inspector(Para. 37). The flag state will still retain and exercise the power of sanctioning the fishing vessel registered in that state for seriously violating conservation and management measures in force or for significantly undermining their effectiveness. The High Seas Boarding and Inspection Procedures will somehow affect the rights and obligations of not just Korean corporations and people, but the State itself, bearing upon or even prejudicing its sovereignty. For purposes of clarity in domestic application, therefore, the entire Procedures need be transformed into domestic law, via e.g. Order, Regulations or Notice of the Minister of Agriculture, Forestry, Fisheries and Foodstuffs, and published in the government's Official Gazette.