This agreement must neither undermine nor conflict with the role and mandate of existing international fisheries management mechanisms. Emphasizing the importance of cooperation and coordination between the Contracting Parties and the North-East Atlantic Fisheries Commission, which is responsible for adopting conservation and management measures in part of the upper central Arctic Ocean and other relevant fisheries management mechanisms established and operated in accordance with international law, to also work with relevant international bodies and programmes; We asked Maya Gold to introduce it into the milestone agreement. Maya Gold is Senior Advisor on International and Intergovernmental Affairs to Fisheries and Oceans Canada and Head of Delegation for Canada on our Arctic Marine Protection Working Group (AMAP). In its 2009 conclusions on EU-2 Arctic policy, the Council expressed its willingness to consider a proposal to establish a legal framework for the part of the high seas not yet covered by an international conservation system, extending the mandate of the regional fisheries organisations concerned or another proposal agreed by the parties concerned. In accordance with the expiry clause provided for in Article 13(1) of the CAOFA, the CAOFA (and therefore the “moratorium”) remains in force for 16 years. Thereafter, it is automatically extended for successive periods of five years, unless one (!) of the parties raises objections (Article 13(2) of the CAOFA). Similarly, the CAOFA will only enter into force when all parts (!) of the A5+5 have become parties (Article 11(1)). This compromise solution (as opposed to a permanent ban) is reminiscent of the Ross Sea Marine Reserve, established by CCAMLR in Antarctic waters, which entered into force last year and is also subject to an expiry clause (35 years subject to renewal or replacement by consensus). However, the interim measures adopted under the CAOFA are part of a “gradual process” that could lead to the creation of one or more future RFMOs/AMOs within the CAO. This is not unknown and has been used, for example, within the framework of the South Pacific Regional Fisheries Organization (PPER). However, before the next step, scientific uncertainties regarding fish stocks in THE CAD should be reduced, an objective for which a robust Joint Scientific Research and Monitoring Programme (JPSRM) will be established (Article 4). If the Parties consider, on the basis of jpsrm data and other sources, that “the distribution, migration and richness of fish in the Convention area would encourage sustainable commercial fishing”, they may initiate negotiations for a new RFMO/A (Article 5(1)(c)(i)). This decision, like all substantive decisions taken within the framework of the CAOFA, must be taken by consensus (Article 6(2)).

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