prop · GL03139 · 1998-01-01 00:00:00 — Pending agreement on such arrangements, States shall observe the provisions of this Agreement and shall act in good faith and with due regard to the rights, interests and duties of other States. Where a subregional or regional fisheries management organization or arrangement has the competence to establish conservation and management measures for particular straddling fish stocks or highly migratory fish stocks, States fishing for the stocks on the high seas and relevant States shall give effect to their duty to cooperate by becoming members of such organization or participants in such arrangement, or by agreeing to apply the conservation and management measures established by such organization or arrangement. States having a real interest in the fisheries concerned may become members of such organization or participants in such arrangement. The terms of participation in such organization or arrangement shall not preclude such States from membership or participation; nor shall they be applied in a which discriminates against any State or group of States having a real interest in the fisheries concerned. Only those States which are members of such an organization or participants in such an arrangement, or which agree to apply the conservation and management measures established by such organization or arrangement, shall have access to the fishery resources to which those measures apply. Where there is no subregional or regional fisheries management organization or arrangement to establish conservation and management measures for a particular straddling fish stock or highly migratory fish stock, relevant States and States fishing on the high seas for such stock in the subregion or region shall cooperate to establish such an organization or enter into other appropriate arrangements to ensure conservation and management of such stock and shall participate in the work of the organization or arrangement. intending to propose that action be taken by an intergovernmental organization having competence with respect to living resources should, where such action would have a significant effect on conservation and management measures already established by a competent subregional or regional fisheries management organization or arrangement, consult through that organization or arrangement with its members or participants. To the extent practicable, such consultation should take place prior to the submission of the proposal to the intergovernmental organization. Subregional and regional fisheries management organizations and arrangements In establishing subregional or regional fisheries management organizations or in entering into subregional or regional fisheries management arrangements for straddling fish stocks and highly migratory fish stocks, States shall agree, inter alia, on: (a) the stocks to which conservation and management measures apply, taking into account the biological characteristics of the stocks concerned and the nature of the fisheries involved; (b) the area of application, taking into account article 7, paragraph 1, and the characteristics of the subregion or region, including socio- economic, geographical and environmental factors; (c) the relationship between the work of the new organization or arrangement and the role, objectives and operations of any relevant existing fisheries management organizations or arrangements; and (d) the mechanisms by which the organization or arrangement will obtain scientific advice and review the status of the stocks, including, where appropriate, the of a scientific advisory body. States cooperating in the formation of a subregional or regional fisheries management organization or arrangement shall inform other States which they are aware have a real interest in the work of the proposed organization or arrangement of such cooperation. Functions of subregional and regional fisheries management organizations and arrangements In fulfilling their obligation to cooperate through subregional or regional fisheries management organizations or arrangements, States shall: (a) agree on and comply with conservation and management measures to ensure the long-term sustainability of straddling fish stocks and highly migratory fish stocks; (b) agree, as appropriate, on participatory rights such as allocations of allowable catch or levels of fishing effort; (c) adopt and apply any generally recommended international minimum standards for the responsible conduct of fishing operations; (d) obtain and evaluate scientific advice, review the status of the stocks and assess the impact of fishing on non-target and associated or dependent species; (e) agree on standards for collection, reporting, verification and exchange of data on fisheries for the stocks; (f) compile and disseminate accurate and complete statistical data, as described in , to ensure that the best scientific evidence is available, while maintaining confidentiality where appropriate; (g) promote and conduct scientific assessments of the stocks and relevant research and disseminate the results thereof; (h) establish appropriate cooperative mechanisms for effective monitoring, control, surveillance and enforcement; (i) agree on means by which the fishing interests of new members of the organization or new participants in the arrangements will be accommodated; (j) agree on decision-making procedures which facilitate the adoption of conservation and management measures in a timely and effective ; (k) promote the peaceful settlement of disputes in accordance with Part VIII; (l) ensure the full cooperation of their relevant national agencies and industries in implementing the recommendations and decisions of the organization or arrangement; and (m) give due publicity to the conservation and management measures established by the organization or arrangement. New members or participants In determining the nature and extent of participatory rights for new members of a subregional or regional fisheries management organization, or for new participants in a subregional or regional fisheries management arrangement, States shall take into account, inter alia: (a) the status of the straddling fish stocks and highly migratory fish stocks and the existing level of fishing effort in the fishery; (b) the respective interests, fishing patterns and fishing practices of new and existing members or participants; (c) the respective contributions of new and existing members or participants to conservation and management of the stocks, to the collection and provision of accurate data and to the conduct of scientific research on the stocks; (d) the needs of fishing communities which are dependent mainly on fishing for the stocks; (e) the needs of States whose economies are overwhelmingly dependent on the exploitation of living resources; and (f) the interests of developing States from the subregion or region in whose areas of national jurisdiction the stocks also occur. Transparency in activities of subregional and regional fisheries management organizations and arrangements States shall provide for transparency in the decision-making process and other activities of subregional and regional fisheries management organizations and arrangements. Representatives from other intergovernmental organizations and representatives from non-governmental organizations concerned with straddling fish stocks and highly migratory fish stocks shall be afforded the opportunity to take part in meetings of subregional and regional fisheries management organizations and arrangements as or otherwise, as appropriate, in accordance with the procedures of the organization or arrangement concerned. Such procedures shall not be unduly restrictive in this respect. Such intergovernmental organizations and non-governmental organizations shall have timely access to the records and reports of such organizations and arrangements, subject to the procedural rules on access to them. Strengthening of existing organizations and arrangements States shall cooperate to strengthen existing subregional and regional fisheries management organizations and arrangements in order to improve their effectiveness in establishing and implementing conservation and management measures for straddling fish stocks and highly migratory fish stocks. Collection and provision of information and cooperation in scientific research States shall ensure that fishing flying their flag provide such information as may be necessary in order to fulfil their obligations under this Agreement. To this end, States shall in accordance with : (a) collect and exchange scientific, technical and statistical data with respect to fisheries for straddling fish stocks and highly migratory fish stocks; (b) ensure that data are collected in sufficient detail to facilitate effective stock assessment and are provided in a timely to fulfil the requirements of subregional or regional fisheries management organizations or arrangements; and (c) take appropriate measures to verify the accuracy of such data. States shall cooperate, either directly or through subregional or regional fisheries management organizations or arrangements: (a) to agree on the specification of data and the format in which they are to be provided to such organizations or arrangements, taking into account the nature of the stocks and the fisheries for those stocks; and (b) to develop and share analytical techniques and stock assessment methodologies to improve measures for the conservation and management of straddling fish stocks and highly migratory fish stocks. Consistent with Part XIII of the Convention, States shall cooperate, either directly or through competent international organizations, to strengthen scientific research capacity in the field of fisheries and promote scientific research related to the conservation and management of straddling fish stocks and highly migratory fish stocks for the benefit of all. To this end, a State or the competent international organization conducting such research beyond areas under national jurisdiction shall actively promote the publication and dissemination to any interested States of the results of that research and information relating to its objectives and methods and, to the extent practicable, shall facilitate the participation of scientists from those States in such research. Enclosed and semi-enclosed seas In implementing this Agreement in an enclosed or semi-enclosed sea, States shall take into account the natural characteristics of that sea and shall also act in a consistent with Part IX of the Convention and other relevant provisions thereof. Areas of high seas surrounded entirely by an area under the national jurisdiction of a single State States fishing for straddling fish stocks and highly migratory fish stocks in an area of the high seas surrounded entirely by an area under the national jurisdiction of a single State and the latter State shall cooperate to establish conservation and management measures in respect of those stocks in the high seas area. Having regard to the natural characteristics of the area, States shall pay special attention to the of compatible conservation and management measures for such stocks pursuant to Article 7. Measures taken in respect of the high seas shall take into account the rights, duties and interests of the State under the Convention, shall be based on the best scientific evidence available and shall also take into account any conservation and management measures adopted and applied in respect of the same stocks in accordance with Article 61 of the Convention by the State in the area under national jurisdiction. States shall also agree on measures for monitoring, control, surveillance and enforcement to ensure compliance with the conservation and management measures in respect of the high seas. Pursuant to Article 8, States shall act in good faith and make every effort to agree without delay on conservation and management measures to be applied in the carrying out of fishing operations in the area referred to in paragraph 1. If, within a reasonable period of time, the fishing States concerned and the State are unable to agree on such measures, they shall, having regard to paragraph 1, apply Article 7, paragraphs 4, 5 and 6, relating to provisional arrangements or measures. Pending the of such provisional arrangements or measures, the States concerned shall take measures in respect of flying their flag in order that they not engage in fisheries which could undermine the stocks concerned. Non-members of organizations and non-participants in arrangements A State which is not a member of a subregional or regional fisheries management organization or is not a participant in a subregional or regional fisheries management arrangement, and which does not otherwise agree to apply the conservation and management measures established by such organization or arrangement, is not discharged from the obligation to cooperate, in accordance with the Convention and this Agreement, in the conservation and management of the relevant straddling fish stocks and highly migratory fish stocks. Such a State shall not authorize flying its flag to engage in fishing operations for the straddling fish stocks or highly migratory fish stocks which are subject to the conservation and management measures established by such organization or arrangement. States which are members of a subregional or regional fisheries management organization or participants in a subregional or regional fisheries management arrangement shall, individually or jointly, request the fishing entities referred to in Article 1, paragraph 3, which have fishing in the relevant area to cooperate fully with such organization or arrangement in implementing the conservation and management measures it has established, with a view to having such measures applied de facto as extensively as possible to fishing activities in the relevant area. Such fishing entities shall enjoy benefits from participation in the fishery commensurate with their commitment to comply with conservation and management measures in respect of the stocks. States which are members of such an organization or participants in such an arrangements shall exchange information with respect to the activities of fishing flying the flags of States which are neither members of the organization nor participants in the arrangements and which are engaged in fishing operations for the relevant stocks. They shall take measures consistent with this Agreement and international law to deter activities of such which undermine the effectiveness of subregional or regional conservation and management measures. DUTIES OF THE FLAG STATE Duties of the flag State A State whose fish on the high seas shall take such measures as may be necessary to ensure that flying its flag comply with subregional and regional conservation and management measures and that such do not engage in any activity which undermines the effectiveness of such measures. A State shall authorize the use of flying its flag for fishing on the high seas only where it is able to exercise effectively its responsibilities in respect of such under the Convention and this Agreement. Measures to be taken by a State in respect of flying its flag shall include: (a) control of such on the high seas by means of fishing licences, authorizations or permits, in accordance with any applicable procedures agreed at the subregional, regional or global level; (b) of regulations: (i) to apply terms and conditions to the licence, authorization or permit sufficient to fulfil any subregional, regional or global obligations of the flag State; (ii) to prohibit fishing on the high seas by which are not duly licensed or authorized to fish, or fishing on the high seas by otherwise than in accordance with the terms and conditions of a licence, authorization or permit; (iii) to require fishing on the high seas to carry the licence, authorization or permit on board at all times and to produce it on demand for inspection by a duly authorized person; and (iv) to ensure that flying its flag do not conduct unauthorized fishing within areas under the national jurisdiction of other States; (c) of a national record of fishing authorized to fish on the high seas and provision of access to the information contained in that record on request by directly interested States, taking into account any national laws of the flag State regarding the release of such information; (d) requirements for marking of fishing and fishing gear for identification in accordance with uniform and internationally recognizable and gear marking systems, such as the Food and of the United Nations Standard Specifications for the Marking and Identification of Fishing ; (e) requirements for recording and timely reporting of position, catch of target and non-target species, fishing effort and other relevant fisheries data in accordance with subregional, regional and global standards for collection of such data; (f) requirements for verifying the catch of target and non-target species through such means as programmes, inspection schemas, unloading reports, supervision of transshipment and monitoring of landed catches and market statistics; (g) monitoring, control and surveillance of such , their fishing operations and related activities by, inter alia: (i) the implementation of national inspection schemes and subregional and regional schemes for cooperation in enforcement pursuant to articles 21 and 22, including requirements for such to permit access by duly authorized inspectors from other States; (ii) the implementation of national programmes and subregional and regional programmes in which the flag State is a participant, including requirements for such to permit access by from other States to carry out the functions agreed under the programmes; and iii) the development and implementation of monitoring systems, including, as appropriate, satellite transmitter systems, in accordance with any national programmes and those which have been subregionally, regionally or globally agreed among the States concerned; (h) regulation of transshipment on the high seas to ensure that the effectiveness of conservation and management measures is not undermined; and (i) regulation of fishing activities to ensure compliance with subregional, regional or global measures, including those aimed at minimizing catches of non-target species. Where there is a subregionally, regionally or globally agreed system of monitoring, control and surveillance in effect, States shall ensure that the measures they impose on flying their flag are compatible with that system. Compliance and enforcement by the flag State A State shall ensure compliance by flying its flag with subregional and regional conservation and management measures for straddling fish stocks and highly migratory fish stocks. To this end, that State shall: (a) enforce such measures irrespective of where violations occur; (b) investigate immediately and fully any alleged violation of subregional or regional conservation and management measures, which may include the physical inspection of the concerned, and report promptly to the State alleging the violation and the relevant subregional or regional organization or arrangement on the progress and outcome of the investigation; (c) require any flying its flag to give information to the investigating authority regarding position, catches, fishing gear, fishing operations and related activities in the area of an alleged violation; (d) if satisfied that sufficient evidence is available in respect of an alleged violation, refer the case to its authorities with a view to instituting proceedings without delay in accordance with its laws and, where appropriate, detain the concerned; and (e) ensure that, where it has been established, in accordance with its laws, a has been involved in the commission of a serious violation of such measures, the does not engage in fishing operations on the high seas until such time as all outstanding sanctions imposed by the flag State in respect of the violation have been complied with. All investigations and judicial proceedings shall be carried out expeditiously. Sanctions applicable in respect of violations shall be adequate in severity to be effective in securing compliance and to discourage violations wherever they occur and shall deprive offenders of the benefits accruing from their illegal activities. Measures applicable in respect of and other officers of fishing include provisions which may permit, inter alia, refusal, withdrawal or suspension of authorizations to serve as or officers on such . International cooperation in enforcement States shall cooperate, either directly or through subregional or regional fisheries management organizations or arrangements, to ensure compliance with and enforcement of subregional and regional conservation and management measures for straddling fish stocks and highly migratory fish stocks. A flag State conducting an investigation of an alleged violation of conservation and management measures for straddling fish stocks or highly migratory fish stocks may request the assistance of any other State whose cooperation may be useful in the conduct of that investigation. All States shall endeavour to meet reasonable requests made by a flag State in connection with such investigations. A flag State may undertake such investigations directly, in cooperation with other interested States or through the relevant subregional or regional fisheries management organization or arrangement. Information on the progress and outcome of the investigations shall be provided to all States having an interest in, or affected by, the alleged violation. States shall assist each other in identifying reported to have engaged in activities undermining the effectiveness of subregional, regional or global conservation and management measures. States shall, to the extent permitted by national laws and regulations, establish arrangements for making available to prosecuting authorities in other States evidence relating to alleged violations of such measures. Where there are reasonable grounds for believing that a on the high seas has been engaged in unauthorized fishing within an area under the jurisdiction of a State, the flag State of that , at the request of the State concerned, shall immediately and fully investigate the matter. The flag State shall cooperate with the State in taking appropriate enforcement action in such cases and may authorize the relevant authorities of the State to board and inspect the on the high seas. This paragraph is without prejudice to article 111 of the Convention. States Parties which are members of a subregional or regional fisheries management organization or participants in a subregional or regional fisheries management arrangement may take action in accordance with international law, including through recourse to subregional or regional procedures established for this purpose, to deter which have engaged in activities which undermine the effectiveness of or otherwise violate the conservation and management measures established by that organization or arrangement from fishing on the high seas in the subregion or region until such time as appropriate action is taken by the flag State. Subregional and regional cooperation in enforcement