The Principle of Compatibility: Its application within the world’s largest tuna fishery

This thesis analyzes the Principle of Compatibility (hereafter, Principle) within the world’s largest tuna
fishery, which occurs in the Western and Central Pacific Ocean. The Principle is foundational within the
international governance framework for highly migratory species such as tuna and billfish. However, the
application of the Principle within a functioning RFMO is not well documented, and thus, this thesis fills
a void in the academic literature.
This thesis investigates how the Principle was established within international fisheries law, serving to
bridge the gap between management of HMS in waters under national jurisdiction and on the high seas.
The analysis elucidates the rights and obligations afforded to coastal States with respect to national waters
(including in the exclusive economic zone), the freedom enjoyed by all States to fish on the high seas, and
the collective duty shared by all States to cooperate on the management of transboundary fish stocks.
The central focus of the analysis is the application of the Principle by the Western and Central Pacific
Fisheries Commission. The study employs an analytical tool that includes standards and criteria
associated with the application of the Principle. Each of the WCPFC’s conservation and management
measures associated with the catch of target species is assessed and scored for consistency with the
standards.
The analysis demonstrates that the WCPFC is, at least for the most part, applying the Principle, with the
highest rating concerning the management of tropical tuna stocks (skipjack, yellowfin and bigeye tuna).
Overall, however, the analysis also reveals that the WCPFC has inconsistently applied the Principle and
its associated provisions. This thesis identifies the WCPFC’s harvest strategies approach as both an
opportunity and a mechanism to promote a more consistent application of the Principle, which is
important for the long-term conservation and management of the world’s largest tuna fishery.