Proposal for a COUNCIL DECISION on the ratification by the European Community of the Agreement for the implementation of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling stocks (fish which are found both inside and outside exclusive economic zones) and highly migratory fish stocks
Date: 1996-10-04
Institutions: European Commission
Subjects: UN convention, conservation of fish stocks, fishery management, law of the sea, ratification of an agreement

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  04.10.1996 
COM(96)  472  final 

96/0238  (CNS) 

Proposal  for  a 

COUNCIL  DECISION 

on  the  ratification  by  the  European  Community  of the Agreement  for  the 
implementation  of  the  provisions  of  the United  Nations  Convention  on  the  Law  of  the 
Sea  of  10 December  1982 relating  to the conservation  and management  of  straddling 
stocks  (fish  which  are  found  both  inside  and  outside  exclusive  economic  zones)  and 
highly  migratory  fish  stocks 

(presented  by  the  Commission) 

Communication  from  the  Commission  to  the  Council 

Explanatory  memorandum 

On  4  August  1995,  the  United  Nations  Conference  on  straddling  stocks  (stocks  of  fish 
which are found  both inside and outside exclusive economic zones) and highly  migratory 
fish  stocks  adopted,  without  a  vote,  a  draft  Agreement  for  the  implementation  of  the 
provisions of the Uriited  Nations Convention of the Law of the Sea of  10 December  1982 
relating  to the  conservation  and management  of these  stocks.1 
The  Community  signed  the  Agreement  on  27 June  following  the  decision  taken  at  the 
Council  meeting  on  fisheries  on  10 June.  It  had  signed  the  Convention  on  the  Law  of 
force  on 
the  Sea  on  7 December  1984  and 
16 November  1994. 

this  Convention  entered 

into 

The  Agreement  should  be  assessed  in  the  context  of  the  development  of  international 
relations  in fisheries  and  the  negotiating  instructions  given  by the  Council. 

A full  evaluation of the Agreement was made by the Commission when it put its proposal 
to  the  Council  on  signing  (COM(95)  591 final of 22 November  1995). 

The Community  has played an important role in the development  of international  fishing 
relations  both  by  defending  the  interests  of  countries  fishing  the  high  seas  and  in 
affirming  its  commitment  to  effective  measures  to  conserve  and  manage  resources. 

This  central  role  of  the  Community  would  be  put  in  doubt  if  it  were  to  reject  the 
conclusions  of  this  conference.  It  would  then  be  very  much  in  a  minority,  a  position 
which  would  exclude  any  possibility  of  renegotiating  the  terms  of  the  Agreement  and 
could  only  lead  to  undesirable  developments  in  international  relations  concerning 
fisheries. 

The ratification  of the Agreement  by the European  Community  will enable  it to  monitor 
very  closely,  and  even  influence,  the  way  in  which  these  provisions  are  applied  and 
interpreted,  in  particular  within  regional  fisheries  organizations. 

The Community has achieved the goals that it set itself in the most important areas of the 
negotiations, in particular on the three points which were considered as primordial by the 
Council  on  fisheries  at  its  meeting  of  15 June  1995,  namely  the  necessarily  open 
character of regional fisheries organizations, safeguarding  of the jurisdiction of flag states 
and  a balance  in  obligations  as between  coastal  states  and  flag  states. 

In  the  area  of  the  management  and  conservation  of  fishery  resources,  the  Agreement 
introduces  a number  of  improvements  which  should  make  it  possible  to  deal  positively 

1 

- 

Document  A/CONF. 164/33 of  3 August  1995. 

with  the  current  difficult  situation,  which  is  the  source  of  manifold  tensions  among 
countries  involved  in  fishery  activities. 

This proposal  is designed to make it possible for the Community to ratify  the  Agreement 
as  soon  as  possible. 

In procedural terms, the Community must deposit a new declaration of competence  when 
it deposits its instrument of ratification  with the United Nations Secretary-General.  Since 
the  Council  reached  agreement,  at  the  time  of  signing,  concerning  the  allocation  of 
competence between the European  Community  and the Member  States for  areas  covered 
by the Agreement, the Commission  considers that an identical declaration  of  competence 
should  be  deposited  upon  ratification. 

The  Commission  proposal  does  not  contain  any  choice  of  procedures  for  dispute 
settlement.  The  Commission  considers  that  in  this  matter  it  is  necessary  to  adopt  the 
solution  which will be decided  upon when the Community  concludes the Convention  on 
the  Law  of the  Sea.  A  Commission  proposal  will  be  sent  to the  Council  to  that  end. 

On the  basis  of  the  foregoing,  the  Commission  proposes  that the  Council  decide  on  the 
ratification  of the Agreement by the Community and that the Community should, together 
with the Member States, deposit with the United Nations Secretary-General the instrument 
of ratification  and  the  declaration of  competence  contained  in Annex  B to this proposal. 
At  the  same  time,  it  requests  the  representatives  of  the  governments  of  the  Member 
States,  meeting  within  the  Council,  to  adopt,  as  in  other  similar  cases,  the  declaration 
contained  in  Annex  C. 

- l \— 

PROPOSAL  FOR  A  COUNCIL  DECISION 

on the  ratification  by  the  European  Community  of the  Agreement  for  the 
implementation  of  the provisions  of the  United  Nations  Convention  on  the  Law  of  the 
Sea  of  10 December  1982 relating  to  the  conservation  and  management  of  straddling 
stocks  (fish  which  are  found  both  inside  and  outside  exclusive  economic  zones)  and 
highly  migratory  fish  stocks 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  43  together  with  the  first  paragraph  of  Article  228(3), 

Having  regard  to  the  proposal  from  the  Commission,1 

Having  regard  to  the  Opinion  of the  European  Parliament,2 

Whereas,  for  sea  fishing,  the  Community  is  competent  to  adopt  measures  for  the 
conservation  and  management  of  fisheries  resources  and  to  enter 
into  external 
undertakings  with  other  countries  or  international  organizations; 

Whereas  the  Community  has  signed  the  United  Nations  Convention  on  the  Law  of  the 
Sea, which  obliges  coastal  states  and  states which  engage  in  fishing  on the  high  seas  to 
cooperate  in  the  conservation  and  management  of  straddling  fish  stocks  and  highly 
migratory  fish  stocks; 

Whereas  the  Community  took  part  in  international  negotiations  as  part  of  the 
United  Nations  Conference  on  straddling  fish  stocks  and  highly  migratory  fish  stocks, 
which  ended  with  the  adoption  of the  Agreement,  and  whereas  it  signed  the  Agreement 
on  27  June  1996; 

Whereas  the  aim  of  the  Agreement  is to  ensure  long-term  conservation  and  sustainable 
use of straddling fish stocks and highly migratory fish stocks by providing  for,  inter  alia, 
the  strengthening  of  international  fisheries  organizations  and  international  cooperation 
regarding  these  stocks; 

Whereas  Community  fishermen  fish  these  stocks  and  whereas  it  is  in  the  Community's 
interest  to  play  an  effective  role  in  the  regional  fisheries  organizations  which  will  be 
responsible  for  implementing  the  Agreement; 

Whereas under Articles  1(2), 38 and 47 thereof, the Agreement  is open to ratification  by 
the  European  Community  in  accordance  with  Annex  IX  to  the  Convention  on  the  Law 
of  the  Sea; 

i 
2 

-  IU 

Whereas  the  Community  and  its  Member  States  have  competence  in  the  areas  covered 
by the Agreement;  whereas it is therefore  necessary for the Community  and its Member 
States  simultaneously  to  become  contracting  parties  in  order  to  carry  out  together  the 
obligations laid down in the Agreement and exercise together the rights it confers  in cases 
of shared  competence  in order to  guarantee uniform  application of the Agreement  in the 
context  of the  common  fisheries  policy, 

HAS  DECIDED  AS  FOLLOWS: 

Article  1 

for 

the 

The  Agreement 
the 
United  Nations  Convention  on the Law of the  Sea of  10 December  1982 relating  to  the 
conservation  and management  of straddling  stocks (fish  which are found  both inside  and 
outside  exclusive  economic zones) and highly migratory fish stocks is hereby  ratified  on 
behalf  of  the  European  Community. 

implementation 

provisions 

the 

of 

of 

The  text  of the  Agreement  is  attached  to  this  Decision  as Annex  A. 

Article  2 

1. 

2. 

1. 

2. 

The President of the Council shall deposit, on behalf of the European  Community, 
the  instrument  of  ratification  and  the  declaration  of  competence  set  out  in 
Annex  B  to  this  Decision  with  the  Secretary-General  of  the  United  Nations,  in 
accordance  with  Articles  38, 47  and 49  of the  Agreement. 

The  instrument  of  ratification  shall  be  deposited  simultaneously  with  the 
instruments  of  ratification  of  all  the  Member  States  and  confirmation  shall  be 
given  of  the  declarations  made  when  the  Agreement  was  signed  by  the 
European  Community. 

Article  3 

Where the  Community  initiates a dispute settlement procedure as provided  for  by 
the  Agreement,  it  shall  be  represented  by  the  Commission.  Before  taking  any 
action  the  Commission  shall  consult  the  Member  States,  taking  into  account 
binding  procedural  time-limits. 

Where  the  Community  or  one  or  more  Member  States  are  party  to  the  same 
dispute  or  involved  in  a  number  of  disputes  in  which  similar  legal  issues  are 
raised,  the  Commission  and  the  Member  States  concerned  shall  defend  their 
interests  together,  reaching  agreement  on a choice  of jurisdiction  and drawing  up 
a  cohesive  legal  and  factual  body  of  argument,  in  accordance  with  Community 
and  national  spheres  of  competence. 

Done  at  Brussels,  ... 

For  the  Council 

The  President 

-  I v-

UNITED 
NATIONS 

General Assembly 

UNITED NATIONS CONFERENCE ON 
STRADDLING FISH STOCKS AND 
HIGHLY MIGRATORY FISH STOCKS 

Sixth  session 
New York, 24 July-4 August  1995 

m 
f\ 

Distr. 
GENERAL 

A/CONF.164/37 
8 September  1995 

ORIGINAL:  ENGLISH 

AGREEMENT FOR THE IMPLEMENTATION OF THE PROVISIONS  OF 
THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA 
OF  10 DECEMBER  1982 RELATING TO THE CONSERVATION AND 
MANAGEMENT OF STRADDLING FISH STOCKS AND  HIGHLY 

MIGRATORY FISH STOCKS 

95-27467S  (E) 

271095 

3 0 1 0 95 

A/CONF.164/37 
English 
Page 2 

AGREEMENT FOR THE  IMPLEMENTATION OF THE PROVISIONS  OF 
THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA 
OF 10 DECEMBER  1982 RELATING TO THE CONSERVATION AND 
MANAGEMENT OF STRADDLING  FISH STOCKS AND HIGHLY 

MIGRATORY FISH STOCKS 

The States Parties  to this Agreement, 

Recalling  the relevant provisions of the United Nations Convention on the 

Law of the Sea of  10 December 1982, 

Determined  to ensure the long-term conservation and sustainable use of 

straddling  fish stocks and highly migratory fish stocks, 

Resolved  to improve cooperation between States to that end, 

Calling  for more effective  enforcement by flag States, port  States  and 
coastal States of the conservation and management measures  adopted  for  such 
stocks, 

Seeking  to address  in particular the problems  identified  in chapter 17, 

programme  area C, of Agenda 21 adopted by the United Nations  Conference  on 
Environment  and Development, namely, that the management of high seas  fisheries 
is inadequate  in many areas and that sone resources are overutilized;  noting 
that there are problems of unregulated  fishing, over-capitalization,  excessive 
fleet  size, vessel  reflagging  to escape controls, insufficiently selective gear, 
unreliable databases and lack of sufficient  cooperation between States, 

Committing  themselves  to responsible fisheries, 

Conscious of  the need to avoid adverse  impacts on the marine  environment, 

preserve biodiversity, maintain  the integrity of marine ecosystems  and minimize 
the risk of long-term or irreversible effects of fishing operations, 

Recognizing  the need  for specific assistance, including  financial, 
scientific  and technological  assistance, in order that developing  States  can 
participate  effectively  in the conservation, management and sustainable use of 
straddling  fish stocks and highly migratory  fish stocks, 

Convinced  that an agreement  for the implementation of  the  relevant 

provisions  of the Convention would best serve these purposes  and contribute  to 
the maintenance of  international peace and security, 

Affirming that matters not  regulated by the Convention or by this Agreement 

continue to be governed by the rules and principles of general  international 
law, 

Have agreed as follows: 

/... 

A/CONF.164/37 
English 
Page 3 

PART I 

GENERAL  PROVISIONS 

Article 1 

Use of terms and scope 

1. 

For the purposes of this Agreement: 

(a)  "Convention"  means  the  United  Nations  Convention  on  the  L aw  of  the  Sea 

of  10  December  1982; 

(b)  "conservation  and  management  measures"  means  measures  to  conserve  and 

manage  one  or  more  species  of  living  marine  resources  that  are  adopted  and 
applied  consistent  with  the  relevant  rules  of  international  law  as  reflected  in 
the  Convention  and  this  Agreement; 

(c)  "fish"  includes  molluscs  and  crustaceans  except  those  belonging  to 

sedentary  species  as  defined  in  article  77  of  the  Convention;  and 

(d)  "arrangement"  means  a  cooperative  mechanism  established  in  accordance 

with  the  Convention  and  this  Agreement  by  two  or  more  States  for  the  purpose, 
inter  alia,  of  establishing  conservation  and  management  measures  in  a  subregion 
or  region  for  one  or  more  straddling  fish  stocks  or  highly  migratory  fish 
stocks. 

(a)  "States Parties" means States which have consented to be bound by this 

2. 
Agreement  and for which the Agreement  is in force. 

(b)  This Agreement applies mutatis mutandis: 

(i)  to any entity referred to in article 305, paragraph 1  (c) ,  (d) and 

(e),  of the Convention and 

(ii)  subject  to article  47,  to any entity referred to as an  "international 

organization"  in Annex IX, article 1, of the Convention 

which becomes a Party to this Agreement, and to that extent  "States Parties" 
refers to those entities. 

This Agreement  applies mutatis mutandis to other fishing entities whose 

3. 
vessels  fish on the high seas. 

/. 

A/CONF.164/37 
English 
Page 4 

Article 2 

Objective 

The objective of this Agreement  is to ensure the long-term  conservation  and 

sustainable use of  straddling  fish stocks and highly migratory  fish  stocks 
through effective  implementation of the relevant provisions of  the Convention. 

Article 3 

Application 

Unless otherwise provided, this Agreement applies to the conservation  and 

1. 
management of  straddling  fish stocks and highly migratory fish stocks  beyond 
areas under national  jurisdiction, except that articles 6 and  7 apply also to 
the conservation and management of such stocks within areas under national 
jurisdiction, subject  to the different legal regimes that apply within  areas 
under national  jurisdiction and in areas beyond national  jurisdiction  as 
provided  for in the Convention. 

In the exercise of  its sovereign rights for the purpose of  exploring  and 

2. 
exploiting, conserving  and managing straddling  fish stocks and highly  migratory 
fish stocks within areas under national jurisdiction, the coastal  State  shall 
apply mutatis mutandis  the general principles enumerated  in article  5. 

States shall give due consideration to the respective  capacities of 

3. 
developing  States  to apply articles 5, 6 and 7 within areas under  national 
jurisdiction and their need for assistance as provided  for in this Agreement. 
To this end, Part VII applies mutatis mutandis in respect of areas under 
national  jurisdiction. 

Article 4 

Relationship between this Agreement and the  Convention 

Nothing  in this Agreement  shall prejudice the rights, jurisdiction  and 
duties of States under the Convention.  This Agreement  shall be  interpreted  and 
applied  in the context of and in a manner consistent with the Convention. 

A/CONF.164/37 
English 
Page  5 

PART  II 

CONSERVATION  AND  MANAGEMENT  OF  STRADDLING  FISH  STOCKS 
AND  HIGHLY  MIGRATORY  FISH  STOCKS 

Article  5 

General  principles 

In  order  to  conserve  and  manage  straddling  fish  stocks  and  highly  migratory 
fish  stocks,  coastal  States  and  States  fishing  on  the  high  seas  shall,  in  giving 
effect  to  their  duty  to  cooperate  in accordance  with  the  Convention: 

(a)  adopt  measures  to  ensure  long-term  sustainability  of  straddling  fish 

stocks  and  highly  migratory  fish  stocks  and  promote  the  objective  of  their 
optimum  utilization; 

(b)  ensure  that  such  measures  are  based  on  the  best  scientific  evidence 
available  and  are  designed  to  maintain  or  restore  stocks  at  levels  capable  of 
producing  maximum  sustainable  yield,  as  qualified  by  relevant  environmental  and 
economic  factors,  including  the  special  requirements  of  developing  States,  and 
taking  into  account  fishing  patterns,  the  interdependence  of  stocks  and  any 
generally  recommended  international  minimum  standards,  whether  subregional, 
regional  or  global; 

(c)  apply  the  precautionary  approach  in  accordance  with  article  6; 

(d)  assess  the  impacts  of  fishing,  other  human  activities  and 
environmental  factors  on  target  stocks  and  species  belonging  to  the  same 
ecosystem  or  associated  with  or  dependent  upon  the  target  stocks; 

(e)  adopt,  where  necessary,  conservation  and management  measures  for 
species  belonging  to  the  same  ecosystem  or  associated  with  or  dependent  upon  the 
target  stocks,  with  a  view  to  maintaining  or  restoring  populations  of  such 
species  above  levels  at  which  their  reproduction  may  become  seriously 
threatened; 

(f)  minimize  pollution,  waste,  discards,  catch  by  lost  or  abandoned  gear, 

catch  of  non-target  species, both  fish  and  non-fish  species,  (hereinafter 
referred  to  as  non-target  species)  and  impacts  on associated  or  dependent 
species,  in particular  endangered  species,  through measures  including,  to  the 
extent  practicable,  the  development  and  use  of  selective,  environmentally  safe 
and  cost-effective  fishing  gear  and  techniques; 

(g)  protect  biodiversity  in  the  marine  environment; 

(h)  take  measures  to prevent  or  eliminate  overfishing  and  excess  fishing 

capacity  and  to  ensure  that  levels  of  fishing  effort  do  not  exceed  those 
commensurate  with  the  sustainable  use  of  fishery  resources; 

(i)  take  into  account  the  interests  of  artisanal  and  subsistence  fishers; 

A/CONF.164/37 
English 
Page 6 

(j)  collect and share, in a timely manner, complete and accurate  data 

concerning  fishing activities on, inter alia, vessel position, catch of  target 
and non-target species and fishing effort, as set out in Annex  I, as well as 
information  from national  and international  research programmes; 

(k)  promote and conduct  scientific  research and develop  appropriate 

technologies  in support of  fishery conservation and management; and 

(1)  implement and enforce conservation and management measures  through 

effective monitoring, control and surveillance. 

Article 6 

Application of the precautionary  approach 

1. 
States  shall apply the precautionary approach widely to conservation, 
management  and exploitation of straddling  fish stocks and highly migratory  fish 
stocks in order to protect  the living marine resources and preserve  the marine 
environment. 

States  shall be more cautious when information  is uncertain, unreliable  or 

2. 
inadequate.  The absence of adequate  scientific  information  shall not be used as 
a  reason  for postponing  or failing  to take conservation and management measures. 

3. 

In implementing  the precautionary  approach, States shall: 

(a)  improve  decision-making  for  fishery  resource  conservation  and 
management  by  obtaining  and  sharing  the  best  scientific  information  available 
and  implementing  improved  techniques  for  dealing  with  risk  and  uncertainty; 

(b)  apply  the  guidelines  set  out  in Annex  II  and  determine,  on  the  basis 
of  the  best  scientific  information  available,  stock-specific  reference  points 
and  the  action  to  be  taken  if  they  are  exceeded; 

(c)  take  into  account,  inter  alia,  uncertainties  relating  to  the  size  and 

productivity  of  the  stocks,  reference  points,  stock  condition  in  relation  to 
such  reference  points,  levels  and  distribution  of  fishing  mortality  and  the 
impact  of  fishing  activities  on  non-target  and  associated  or  dependent  species, 
as  well  as  existing  and  predicted  oceanic,  environmental  and  socio-economic 
conditions;  and 

(d)  develop  data  collection  and  research  programmes  to  assess  the  impact 

of  fishing  on  non-target  and  associated  or  dependent  species  and  their 
environment,  and  adopt  plans  which  are  necessary  to  ensure  the  conservation  of 
such  species  and  to  protect  habitats  of  special  concern. 

States  shall take measures  to ensure that, when reference points  are 

4. 
approached,  they will not be exceeded.  In the event that they are exceeded, 
States shall, without delay,  take the action determined under paragraph  3  (b) to 
restore the stocks. 

/... 

A/CONF.164/37 
English 
Page-7 

5. 
Where the status of target stocks or non-target or associated  or  dependent 
species  is of concern, States shall  subject such stocks and species  to enhanced 
monitoring  in order to review their  status and the efficacy of  conservation  and 
management measures.  They shall revise those measures regularly  in the light of 
new  information. 

For new or exploratory  fisheries, States shall adopt as soon as possible 

6. 
cautious conservation and management measures, including,  inter alia,  catch 
limits and effort  limits.  Such measures shall remain  in force until  there are 
sufficient  data to allow assessment of the impact of the fisheries on  the 
long-term  sustainability of the stocks, whereupon conservation  and  management 
measures based on that assessment  shall be implemented.  The latter  measures 
shall,  if appropriate, allow  for the gradual development of the fisheries. 

If a natural phenomenon has a significant  adverse  impact on the status of 

7. 
straddling  fish stocks or highly migratory  fish stocks, States  shall  adopt 
conservation and management measures on an emergency basis to ensure  that 
fishing activity' does not exacerbate  such adverse  impact.  States  shall  also 
adopt  such measures on an emergency basis where  fishing activity presents a 
serious  threat  to the sustainability of'such stocks.  Measures  taken on an 
emergency basis shall be temporary  and shall be based on the best  scientific 
evidence available. 

Article 7 

Compatibility of conservation and management  measures 

Without prejudice  to the sovereign rights of coastal  States  for the purpose 
1. 
of exploring  and exploiting,  conserving and managing  the living marine  resources 
within areas under national  jurisdiction as provided  for in the Convention,  and 
the right of all States  for their nationals  to engage in fishing on the high 
seas  in accordance with the Convention: 

(a)  with  respect  to  straddling  fish  stocks,  the  relevant  coastal  States 
and  the  States  whose  nationals  fish  for  such  stocks  in  the  adjacent  high  seas 
area  shall  seek,  either  directly  or  through  the  appropriate  mechanisms  for 
cooperation  provided  for  in  Part  III,  to  agree  upon  the  measures  necessary  for 
the  conservation  of  these  stocks  in  the  adjacent  high  seas  area; 

(b)  with  respect  to  highly  migratory  fish  stocks,  the  relevant  coastal 

States  and  other  States  whose  nationals  fish  for  such  stocks  in  the  region  shall 
cooperate,  either  directly  or  through  the  appropriate  mechanisms  for  cooperation 
provided  for  in  Part  III, with  a  view  to  ensuring  conservation  and  promoting  the 
objective  of  optimum  utilization  of  such  stocks  throughout  the  region,  both 
within  and  beyond  the  areas  under  national  jurisdiction. 

2. 
Conservation and management measures established  for the high seas and 
those adopted  for areas under national  jurisdiction shall be compatible  in order 
to ensure conservation and management of the straddling  fish stocks and highly 
migratory  fish stocks  in their entirety.  To this end, coastal  States  and  States 
fishing on the high seas have a duty to cooperate  for the purpose of  achieving 

/... 

A/CONF.164/3 7 
English 
Page  8 

compatible  measures  in  respect  of  such  stocks.  In determining  compatible 
conservation  and  management  measures,  States  shall: 

(a)  take  into  account  the  conservation  and management  measures  adopted  and 

applied  in accordance  with  article  61 of  the  Convention  in  respect  of  the  same 
stocks  by  coastal  States  within  areas under  national  jurisdiction  and  ensure 
that  measures  established  in  respect  of  such  stocks  for  the  high  seas  do  not 
undermine  the  effectiveness  of  such measures; 

(b)  take  into  account  previously  agreed  measures  established  and  applied 

for  the  high  seas  in accordance  with  the  Convention  in  respect  of  the  same 
stocks  by  relevant  coastal  States  and  States  fishing  on  the  high  seas ; 

(c)  take  into  account  previously  agreed  measures  established  and  applied 

in accordance  with  the  Convention  in  respect  of  the  same  stocks  by  a  subregional 
or  regional  fisheries  management  organization  or  arrangement; 

(d)  take  into  account  the  biological  unity  and  other  biological 

characteristics  of  the  stocks  and  the  relationships  between  the  distribution  of 
the  stocks, the  fisheries  and  the geographical  particularities  of  the  region 
concerned,  including  the  extent  to which  the  stocks  occur  and  are  fished  in 
areas  under  national  jurisdiction; 

(e)  take  into  account  the  respective  dependence  of  the  coastal  States  and 

the  States  fishing  on  the  high  seas  on  the  stocks  concerned;  and 

(f)  ensure  that  such  measures  do  not  result  in harmful  impact  on  the 

living marine  resources  as  a whole. 

In giving  effect  to  their  duty  to cooperate,  States  shall  make  every  effort 
3. 
to agree  on  compatible  conservation  and management  measures  within  a  reasonable 
period  of  time. 

If no  agreement  can be  reached  within  a  reasonable  period  of  time,  any  of 
4. 
the  States  concerned  may  invoke  the procedures  for  the  settlement  of  disputes 
provided  for  in  Part  VIII. 

Pending  agreement  on  compatible  conservation  and  management  measures,  the 

5. 
States  concerned,  in a  spirit  of  understanding  and  cooperation,  shall  make  every 
effort  to  enter  into provisional  arrangements  of  a practical  nature.  In  the 
event  that  they  are  unable  to  agree  on  such arrangements,  any  of  the  States 
concerned  may,  for  the  purpose  of  obtaining  provisional  measures,  submit  the 
dispute  to a  court  or  tribunal  in accordance  with  the procedures  for  the 
settlement  of  disputes  provided  for  in Part  VIII. 

Provisional  arrangements  or measures  entered  into or  prescribed  pursuant  to 

6. 
paragraph  5  shall  take  into  account  the provisions  of  this  Part,  shall  have  due 
regard  to  the  rights  and  obligations  of  all  States  concerned,  shall  not 
jeopardize  or  hamper  the  reaching  of  final  agreement  on  compatible  conservation 
and management  measures  and  shall, be without  prejudice  to  the  final  outcome  of 
any  dispute  settlement  procedure. 

A/CONF.164/37 
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Page 9^. 

Coastal States shall regularly  inform States fishing on the high seas in 
7. 
the subregion or region, either directly or through appropriate  subregional  or 
regional  fisheries management  organizations or arrangements, or through other 
appropriate means, of  the measures they have adopted  for straddling  f-uoh stocks 
and highly migratory  fish stocks within areas under their national  jurisdiction. 

8. 
States fishing on the high seas shall regularly inform other  interested 
States, either directly or through appropriate  subregional or regional  fisheries 
management  organizations  or arrangements, or through other appropriate means, of 
the measures  they have adopted  for regulating  the activities of vessels  flying 
their flag which fish for such stocks on the high seas. 

PART III 

MECHANISMS  FOR  INTERNATIONAL COOPERATION CONCERNING  STRADDLING 
FISH STOCKS AND HIGHLY MIGRATORY FISH STOCKS 

Article 8 

Cooperation  for conservation and management 

Coastal States and States  fishing on the high seas shall, in accordance 

1. 
with the Convention, pursue cooperation  in relation to straddling  fish stocks 
and highly migratory  fish stocks either directly or through  appropriate 
subregional  or regional  fisheries management  organizations or arrangements, 
taking  into account the specific characteristics of the subregion or region, to 
ensure effective conservation and management of such stocks. 

2. 
States shall enter  into consultations  in good faith and without delay, 
particularly where there is evidence  that  the straddling  fish stocks and highly 
migratory  fish stocks concerned may be under threat of over-exploitation or 
where,â new fishery  is being developed  for such stocks.  To this end, 
consultations may be initiated at the request of any interested  State with a 
view to establishing  appropriate  arrangements  to ensure conservation  and 
management of the stocks.  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 

3. 
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 coastal 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 manner which  discriminates 
against any State or group of States having a real interest  in the  fisheries 
concerned. 

/... 

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Only those States which are members of such an organization or participants 

4. 
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 

5. 
or arrangement  to establish conservation and management measures  for a 
particular  straddling  fish stock or highly migratory  fish stock,  relevant 
coastal 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. 

6.  Any State 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. 

Article 9 

Subregional and regional  fisheries management  organizations 
and  arrangements 

In establishing  subregional  or regional  fisheries management  organizations 

1. 
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  establishment  of  a  scientific  advisory  body. 

2. 
States cooperating  in the formation of a subregional or regional  fisheries 
management organization or arrangement  shall  inform other States which they are 

/... 

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Page  11 

aware  have  a  real  interest  in  the  work  of  the  proposed  organization  or 
arrangement  of  such  cooperation. 

Article  10 

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 Annex  I,  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  arrangement  will  be  accommodated; 

(j)  agree  on  decision-making  procedures  which  facilitate  the  adoption  of 

conservation  and  management  measures  in  a  timely  and  effective  manner; 

(k)  promote  the  peaceful  settlement  of  disputes  in  accordance  with 

Part  V I I I; 

(1)  ensure  the  full  cooperation  of  their  relevant  national  agencies  and 

industries  in  implementing  the  recommendations  and  decisions  of  the  organization 
or  arrangement;  and 

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Page  12 

(m)  give due publicity  to the conservation and management measures 

established by the organization or arrangement. 

Article  11 

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  coastal  fishing  communities  which  are  dependent  mainly  on 

fishing  for  the  stocks; 

(e)  the  needs  of  coastal  States  whose  economies  are  overwhelmingly 

dependent  on  the  exploitation  of  living  marine  resources;  and 

(f)  the  interests  of  developing  States  from  the  subregion  or  region  in 

whose  areas  of  national  jurisdiction  the  stocks  also  occur. 

Article  12 

Transparency  in  activities  of  subregional  and  regional  fisheries 
management  organizations  and  arrangements 

States  shall provide  for transparency  in the decision-making  process  and 

1. 
other activities  of subregional and regional  fisheries management  organizations 
and arrangements. 

Representatives  from other  intergovernmental  organizations  and 

2. 
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 observers  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 

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Page 13 

timely access to the records and reports of such organizations and arrangements, 
subject  to the procedural  rules on access to them. 

Article 13 

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. 

Article 14 

Collection and provision of information and  cooperation 
in scientific  research 

States  shall ensure that fishing vessels  flying their flag provide  such 

1. 
information as may be necessary  in order to fulfil their obligations under  this 
Agreement.  To this end, States shall in accordance with Annex I: 

(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  manner  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 

2. 
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 

3. 
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 

/... 

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Page 14 

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. 

Article 15 

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 manner consistent with Part IX of the Convention and other  relevant 
provisions  thereof. 

Article 16 

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 

1. 
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 establishment 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 coastal 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 coastal 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 

2. 
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 
coastal  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 establishment  of such provisional 
arrangements or measures, the States concerned  shall take measures  in respect of 
vessels  flying  their flag in order that they not engage in fisheries which  could 
undermine  the stocks concerned. 

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PART IV 

NON-MEMBERS AND NON-PARTICIPANTS 

Article 17 

Non-members  of organizations and  non-participants 
in arrangements 

A State which  is not a member of a subregional or regional  fisheries 

1. 
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 State shall not authorize vessels  flying its flag to engage  in fishing 

2. 
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 

3. 
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 vessels  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 organization or participants  in  such 
4. 
arrangement  shall exchange  information with respect to the activities  of  fishing 
vessels  flying  the flags of States which are neither members of the  organization 
nor participants  in the arrangement 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 vessels  which 
undermine  the effectiveness of subregional or regional  conservation  and 
management  measures. 

/.. 

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PART V 

DUTIES OF THE FLAG STATE 

Article 18 

Duties of the flag State 

A State whose vessels  fish on the high seas shall take such measures  as may 

1. 
be necessary  to ensure  that vessels  flying its flag comply with  subregional  and 
regional  conservation  and management measures and that such vessels do not 
engage  in any activity which undermines the effectiveness of such measures. 

A State shall authorize the use of vessels  flying  its flag  for  fishing  on 

2. 
the high seas only where  it is able to exercise effectively  its  responsibilities 
in respect of such vessels under the Convention and this Agreement. 

Measures to be taken by a State in respect of vessels flying  its flag  shall 

3. 
include : 

(a)  control  of  such  vessels  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)  establishment  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 vessels  which  are n ot  duly 

licensed  or authorized  to fish, or fishing  on the high  seas  by  vessels 
otherwise  than  in accordance  with the terms  and conditions  of a 
licence,  authorization  or permit; 

(iii)  to require  vessels  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  vessels  flying  its flag  do not conduct  unauthorized 

fishing  within  areas  under  the national  jurisdiction  of other  States; 

(c)  establishment  of a national  record  of  fishing  vessels  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  vessels  and fishing  gear for 
identification  in accordance  with  uniform  and internationally  recognizable 
vessel  and gear  marking  systems,  such as the Food and Agriculture  Organization 
of  the United  Nations  Standard  Specifications  for the Marking  a nd  Identification 
of  Fishing  Vessels; 

/... 

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(e)  requirements  for  recording  and  timely  reporting  of  vessel  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  observer  programmes,  inspection  schemes,  unloading 
reports,  supervision  of  transshipment  and  monitoring  of  landed  catches  and 
market  statistics; 

(g)  monitoring,  control  and  surveillance  of  such vessels,  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  2 2,  including  requirements  for  such  vessels  to  permit  access  by 
duly  authorized  inspectors  from  other  States; 

(ii)  the  implementation  of  national  observer  programmes  and  subregional  and 
regional  observer  programmes  in which  the  flag  State  is  a  participant, 
including  requirements  for  such  vessels  to permit  access  by  observers 
from  other  States  to  carry  out  the  functions  agreed  under  the 
programmes ; and 

(iii)  the  development  and  implementation  of  vessel  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 -

4. 
monitoring,  control  and  surveillance  in  effect,  States  shall  ensure  that  the 
measures  they  impose  on  vessels  flying  their  flag  are  compatible  with  that 
system. 

/... 

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Page 18 

PART VI 

COMPLIANCE AND  ENFORCEMENT 

Article 19 

Compliance and enforcement by the flag State 

1..  A State  shall  ensure compliance by vessels 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  vessels  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  vessel  flying  its  flag  to  give  information  to  the 

investigating  authority  regarding  vessel  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  vessel  concerned;  and 

(e)  ensure  that,  where  it  has  been  established,  in  accordance  with  its 
laws,  a  vessel  has  been  involved  in  the  commission  of  a  serious  violation  of 
such  measures,  the  vessel  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 

2. 
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  masters  and  other' 
officers  of  fishing  vessels  shall  include  provisions  which  may  permit, 
inter  alia,  refusal,  withdrawal  or  suspension  of  authorizations  to  serve  as 
masters  or  officers  on  such  vessels. 

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Article 20 

International  cooperation in enforcement 

States  shall cooperate, either directly or through subregional  or  regional 

1. 
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 

2. 
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. 

3. 
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. 

4. 
States  shall assist  each other  in identifying vessels 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, 

5. 
establish arrangements  for making available to prosecuting authorities  in other 
States evidence  relating  to alleged violations of such measures. 

6.  Where there are reasonable grounds  for believing that a vessel on the high 
seas has been engaged  in unauthorized  fishing within an area under  the 
jurisdiction of a coastal State, the flag State of that vessel, at the  request 
of the coastal  State concerned,  shall  immediately and fully investigate  the 
matter.  The  flag State  shall cooperate with the coastal State  in taking 
appropriate  enforcement  action  in such cases and may authorize the  relevant 
authorities  of  the coastal  State to board and inspect the vessel 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 

7. 
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 vessels 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. 

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Article 21 

Subregional and regional cooperation  in enforcement 

In any high seas area covered by a subregional or regional  fisheries 
1. 
management  organization or arrangement, a State Party which is a member of  such 
organization or a participant  in such arrangement may, through its duly 
authorized  inspectors, board and  inspect,  in accordance with paragraph 2, 
fishing vessels  flying  the flag of another State Party to this Agreement, 
whether or not  such State Party is also a member of the organization or a 
participant  in the arrangement, for the purpose of ensuring compliance with 
conservation  and management measures  for straddling  fish stocks and  highly 
migratory  fish stocks established by that organization or arrangement. 

States shall establish, through subregional or regional  fisheries 

2. 
management  organizations  or arrangements, procedures  for boarding and  inspection 
pursuant  to paragraph  1, as well as procedures to implement other provisions of 
this article.  Such procedures  shall be consistent with this article and the 
basic procedures  set out  in article 22 and shall not discriminate  against 
non-members of  the organization or non-participants  in the arrangement. 
Boarding  and  inspection as well as any subsequent  enforcement  action shall be 
conducted  in accordance with such procedures.  States shall give due publicity 
to procedures  established pursuant to this paragraph. 

If, within  two years of  the adoption of this Agreement, any organization  or 

3. 
arrangement has not established  such procedures, boarding and  inspection 
pursuant  to paragraph  1, as well as any subsequent  enforcement action, shall, 
pending the establishment  of such procedures, be conducted  in accordance  with 
this article and the basic procedures  set out  in article 22. 

Prior to taking action under this article, inspecting States  shall, either 

4. 
directly or through the relevant subregional or regional  fisheries  management 
organization or arrangement,  inform all States whose vessels  fish on the high 
seas in the subregion or region of the form of identification issued to their 
duly authorized  inspectors.  The vessels used  for boarding and inspection  shall 
be clearly marked and identifiable as being on government service.  At the time 
of becoming  a Party to this Agreement, a State shall designate an appropriate 
authority to receive notifications pursuant to this article and shall give due 
publicity of  such designation  through the relevant  subregional or  regional 
fisheries management  organization or arrangement. 

5. 
Where, following a boarding and inspection, there are clear grounds  for 
believing  that a vessel has engaged  in any activity contrary to the  conservation 
and management  measures  referred  to in paragraph  1, the inspecting  State shall, 
where appropriate,  secure evidence and shall promptly notify the flag State of 
the alleged violation. 

The  flag State shall respond to the notification referred to in paragraph 5 

6. 
within three working  days of  its receipt, or such other period as may be 
prescribed  in procedures  established  in accordance with paragraph  2, and  shall 
either : 

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Page 21 

(a)  fulfil,  without  delay,  its  obligations  under  article  19  to  investigate 

and,  if  evidence  so  warrants,  take  enforcement  action  with  respect  to  the 
vessel,  in which  case  it  shall  promptly  inform  the  inspecting  State  of  the 
results  of  the  investigation  and  of  any  enforcement  action  taken;  or 

(b)  authorize  the  inspecting  State  to  investigate. 

Where the flag State authorizes the inspecting  State to investigate  an 

7. 
alleged violation, the inspecting State shall, without delay, communicate  the 
results of that investigation to the flag State.  The flag State shall, if 
evidence so warrants, fulfil  its obligations to take enforcement action with 
respect to the vessel.  Alternatively,  the flag State may authorize  the 
inspecting  State to take such enforcement action as the flag State may  specify 
with respect  to the vessel, consistent with the rights and obligations  of the 
flag State under this Agreement. 

Where, following boarding and inspection, there are clear grounds  for 

8. 
believing that a vessel has committed a serious violation, and the flag State 
has either  failed to respond or failed to take action as required under 
paragraphs  6 or 7, the inspectors may remain on board and secure evidence and 
may require the master to assist  in further investigation  including, where 
appropriate, by bringing  the vessel without delay to the nearest  appropriate 
port, or to such other port as may be specified in procedures established  in 
accordance with paragraph  2.  The inspecting State shall immediately  inform the 
flag State of the name of the port to which the vessel is to proceed.  The 
inspecting  State and the flag State and, as appropriate, the port State  shall 
take all necessary steps to ensure the well-being  of the crew regardless of 
their nationality. 

The inspecting State shall inform  the flag State and the relevant 

9. 
organization or the participants  in the relevant arrangement of the results of 
any further  investigation. 

10.  The inspecting State shall require its inspectors to observe  generally 
accepted  international  regulations, procedures and practices  relating  to the 
safety of the vessel and the crew, minimize interference with fishing  operations 
and, to the extent practicable, avoid action which would adversely affect  the 
quality of the catch on board.  The inspecting State shall ensure that  boarding 
and inspection is not conducted  in a manner that would constitute harassment  of 
any fishing vessel. 

11.  For the purposes of  this article, a serious violation means: 

(a)  fishing  without  a  valid  licence,  authorization  or  permit  issued  by  the 

flag  State  in  accordance  with  article  18, paragraph  3 (a); 

(b)  failing  to maintain  accurate  records  of  catch  and  catch-related  data, 

as  required  by  the  relevant  subregional  or  regional  fisheries  management 
organization  or  arrangement,  or  serious  misreporting  of  catch,  contrary  to  the 
catch  reporting  requirements  of  such  organization  or  arrangement; 

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(c)  fishing  in  a  closed  area,  fishing  during  a  closed  season  or  fishing 

without,  or  after  attainment  of,  a  quota  established  by  the  relevant  subregional 
or  regional  fisheries  management  organization  or  arrangement; 

(d)  directed  fishing  for  a  stock  which  is  subject  to  a  moratorium  or  for 

which  fishing  is  prohibited; 

(e)  using  prohibited  fishing  gear; 

(f)  falsifying  or  concealing  the  markings,  identity  or  registration  of  a 

fishing  vessel; 

(g)  concealing,  tampering  with  or  disposing  of  evidence  relating  to  an 

investigation; 

(h)  multiple  violations  which  together  constitute  a  serious  disregard  of 

conservation  and  management  measures;  or 

(i)  such  other  violations  as may  be  specified  in procedures  established  by 

the  relevant  subregional  or  regional  fisheries  management  organization  or 
arrangement. 

s 

12.  Notwithstanding  the other provisions of this article, the flag State may, 
at any time, take action to fulfil  its obligations under article 19 with  respect 
to an alleged violation.  Where the vessel  is under the direction of  the 
inspecting  State, the inspecting State shall, at the request of the flag State, 
release  the vessel  to the flag State along with full information on the progress 
and outcome of  its  investigation. 

13.  This article  is without prejudice  to the right of the flag State to take 
any measures, including proceedings to impose penalties, according  to its  laws. 

14.  This article applies mutatis mutandis  to boarding and inspection by a State 
Party which  is a member of a subregional or regional  fisheries management 
organization or a participant  in a subregional or regional  fisheries management 
arrangement  and which has clear grounds  for believing that a fishing vessel 
flying  the  flag of another State Party has engaged in any activity contrary to 
relevant  conservation and management measures referred to in paragraph  1 in the' 
high seas area covered by such organization or arrangement, and such vessel has 
subsequently,  during the same fishing trip, entered  into an area under  the 
national  jurisdiction of the inspecting State. 

15.  Where a subregional  or regional  fisheries management organization or 
arrangement has established an alternative mechanism which  effectively 
discharges  the obligation under this Agreement of its members or participants  to 
ensure compliance with the conservation and management measures established by 
the organization or arrangement, members of such organization or participants  in 
such arrangement may agree to limit the application of paragraph 1 as between 
themselves  in respect of the conservation and management measures which have 
been established  in the relevant high seas area. 

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Page 23 

16.  Action taken by States other than the flag State in .respect of vessels 
having  engaged  in activities  contrary to subregional or regional  conservation 
and management measures  shall be proportionate  to the seriousness of the 
violation. 

17.  Where  there are reasonable grounds  for suspecting  that a fishing vessel  on 
the high seas is without nationality, a State may board and inspect  the vessel. 
Where evidence so warrants, the State may take such action as may be appropriate 
in accordance with international  law. 

18.  States shall be liable for damage or loss attributable  to them arising  from 
action taken pursuant  to this article when such action is unlawful or exceeds 
that reasonably  required  in the light of available  information to implement  the 
provisions of this article. 

Article 22 

Basic procedures  for boarding and inspection pursuant 
to article 21 

1. 

The inspecting  State shall ensure that its duly authorized inspectors: 

(a)  present  credentials  to  the  master  of  the  vessel  and  produce  a  copy  of 

the  text  of  the  relevant  conservation  and  management  measures  or  rules  and 
regulations  in  force  in  the  high  seas  area  in  question  pursuant  to  those 
measures; 

(b)  initiate  notice  to  the  flag  State  at  the  time  of  the  boarding  and 

inspection; 

(c)  do  not  interfere  with  the  master's  ability  to  communicate  with  the 

authorities  of  the  flag  State  during  the  boarding  and  inspection; 

(d)  provide  a  copy  of  a  report  on  the  boarding  and  inspection  to  the 
master  and  to  the  authorities  of  the  flag  State,  noting  therein  any  objection  or 
statement  which  the  master  wishes  to  have  included  in  the  report; 

(e)  promptly  leave  the  vessel  following  completion  of  the  inspection  if 

they  find  no  evidence  of  a  serious  violation;  and 

(f)  avoid  the  use  of  force  except  when  and  to  the  degree  necessary  to 

ensure  the  safety  of  the  inspectors  and  where  the  inspectors  are  obstructed  in 
the  execution  of  their  duties.  The  degree  of  force  used  shall  not  exceed  that 
reasonably  required  in  the  circumstances. 

The  duly  authorized  inspectors  of  an  inspecting  State  shall  have  the 

2 . 
authority  to  inspect  the  vessel,  its  licence,  gear,  equipment,  records, 
facilities,  fish  and  fish  products  and  any  relevant  documents  necessary  to 
verify  compliance  with  the  relevant  conservation  and  management  measures. 

/.. 

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3. 

The flag State shall ensure  that vessel masters: 

(a)  accept  and  facilitate  prompt  and  safe  boarding  by  the  inspectors; 

(b)  cooperate  with  and  assist  in  the  inspection  of  the  vessel  conducted 

pursuant  to  these  procedures; 

(c)  do  not  obstruct,  intimidate  or  interfere  with  the  inspectors  in  the 

performance  of  their  duties; 

(d)  allow  the  inspectors  to  communicate  with  the  authorities  of  the  flag 

State  and  the  inspecting  State  during  the  boarding  and  inspection; 

(e)  provide  reasonable  facilities,  including,  where  appropriate,  food  and 

accommodation,  to  the  inspectors;  and 

(f)  facilitate  safe  disembarkation  by  the  inspectors. 

In the event that the master of a vessel refuses to accept boarding and 
4. 
inspection  in accordance with this article and article 21, the flag State shall, 
except  in circumstances where, in accordance with generally  accepted 
international  regulations, procedures and practices relating  to safety at sea, 
it is necessary  to delay the boarding and inspection, direct the master of  the 
vessel  to submit  immediately to boarding and inspection and, if the master does 
not comply with such direction, shall suspend the vessel's authorization  to fish 
and order the vessel  to return immediately to port.  The flag State shall  advise 
the inspecting  State of the action it has taken when the circumstances  referred 
to in this paragraph arise. 

Article 23 

Measures  taken by a port State 

A port State has the right and the duty to take measures, in accordance 

1. 
with international  law, to promote the effectiveness of subregional,  regional 
and global  conservation and management measures.  When taking  such measures a 
port State shall not discriminate  in form or in fact against the vessels of any 
State. 

2. 
A port  State may,  inter alia, inspect documents, fishing gear and catch on 
board  fishing vessels, when such vessels are voluntarily  in its ports or at its 
offshore terminals. 

3. 
States may adopt regulations empowering  the relevant national  authorities 
to prohibit  landings and transshipments where it has been established  that the 
catch has been taken in a manner which undermines the effectiveness of 
subregional, regional or global conservation and management measures on the high 
seas. 

Nothing  in this article affects the exercise by States of their  sovereignty 

4. 
over ports  in their territory  in accordance with international  law. 

/... 

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PART VII 

REQUIREMENTS OF DEVELOPING  STATES 

Article 24 

Recognition of the special requirements of developing  States 

States shall give full recognition to the special requirements of 

1. 
developing  States  in relation to conservation and management of straddling  fish 
stocks and highly migratory fish stocks and development of fisheries  for  such 
stocks.  To this end, States  shallr  either directly or through the United 
Nations Development  Programme, the Food and Agriculture Organization of  the 
United Nations and other specialized agencies, the Global Environment  Facility, 
the Commission on Sustainable Development  and other appropriate  international 
and regional organizations and bodies, provide assistance to developing States. 

2. 
In giving effect to the duty to cooperate  in the establishment of 
conservation and management measures for straddling  fish stocks and highly 
migratory  fish stocks, States shall take into account the special requirements 
of developing  States, in particular: 

(a)  the  vulnerability  of  developing  States  which  are  dependent  on  the 

exploitation  of  living  marine  resources,  including  for  meeting  the  nutritional 
requirements  of  their  populations  or parts  thereof; 

(b)  the  need  to  avoid  adverse  impacts  on,  and  ensure  access  to  fisheries 

by,  subsistence,  small-scale  and  artisanal  fishers  and  women  fishworkers,  as 
well  as  indigenous  people  in  developing  States,  particularly  small  island 
developing  States;  and 

(c)  the  need  to  ensure  that  such  measures  do  not  result  in  transferring, 
directly  or  indirectly,  a  disproportionate  burden  of  conservation  action  onto 
developing  States. 

Article  25 

Forms  of  cooperation  with  developing  States 

States  shall  cooperate,  either  directly  or  through  subregional,  regional  or 

1. 
global  organizations: 

(a)  to  enhance  the  ability  of  developing  States,  in particular  the 
least-developed  among  them  and  small  island  developing  States,  to  conserve  and 
manage  straddling  fish  stocks  and  highly  migratory  fish  stocks  and  to  develop 
their  own  fisheries  for  such  stocks; 

(b)  to  assist  developing  States,  in particular  the  least-developed  among 
them  and  small  island  developing  States,  to  enable  them  to participate  in  high 
seas  fisheries  for  such  stocks,  including  facilitating  access  to  such  fisheries 
subject  to  articles  5 and  1 1;  and 

/... 

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(c)  to facilitate  the participation of developing  States  in subregional 

and regional  fisheries management organizations and arrangements. 

Cooperation with developing  States  for the purposes  set out  in this article 

2. 
shall  include  the provision of  financial assistance, assistance  relating  to 
human resources  development, technical assistance, transfer of  technology, 
including  through  joint venture .arrangements, and advisory and  consultative 
services. 

3. 

Such assistance  shall, inter alia, be directed specifically towards: 

(a)  improved  conservation and management of straddling  fish stocks and 

highly migratory  fish stocks through collection, reporting, verification, 
exchange and analysis of fisheries data and related  information; 

(b)  stock  assessment and scientific research; and 

(c)  monitoring,  control, surveillance, compliance and enforcement, 
including  training and capacity-building  at the local level, development  and 
funding of national  and regional observer programmes and access to  technology 
and equipment. 

Special assistance  in the implementation of this Agreement 

Article 26 

States  shall cooperate to establish special funds to assist  developing 

1. 
States in the  implementation of this Agreement, including assisting  developing 
States to meet  the costs  involved  in any proceedings  for the settlement of 
disputes  to which they may be parties. 

2. 
States and  international  organizations  should assist developing  States  in 
establishing  new subregional or regional  fisheries management organizations  or 
arrangements, or in strengthening  existing organizations or arrangements, for 
the conservation and management of straddling  fish stocks and highly migratory 
fish stocks. 

PART VIII 

PEACEFUL SETTLEMENT OF DISPUTES 

Article 27 

Obligation to settle disputes by peaceful means 

States have the obligation to settle their disputes by negotiation, 
inquiry, mediation,  conciliation, arbitration, judicial  settlement, resort to 
regional.agencies or arrangements, or other peaceful means of their own choice, 

/.. 

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Article 28 

Prevention of disputes 

States  shall cooperate  in order to prevent disputes.  To this end,  States 

shall agree on efficient and expeditious decision-making procedures  within 
subregional  and regional  fisheries management organizations  and arrangements  and 
shall  strengthen existing decision-making procedures as necessary. 

Article 29 

Disputes of a technical  nature 

Where a dispute concerns a matter of a technical nature, the States 
concerned may refer the dispute to an ad hoc expert panel established by  them. 
The panel  shall confer with the States concerned and shall endeavour to  resolve 
the dispute expeditiously without recourse to binding procedures  for the 
settlement of disputes. 

Article 30 

Procedures  for the settlement of  disputes 

The provisions  relating to the settlement of disputes  set out  in Part XV of 

1. 
the Convention apply mutatis mutandis to any dispute between States Parties  to 
this Agreement  concerning  the interpretation or application of this Agreement, 
whether or not they are also Parties to the Convention. 

The provisions  relating to the settlement of disputes  set out in Part XV of 

2. 
the Convention apply mutatis mutandis to any dispute between States Parties to 
this Agreement  concerning  the interpretation or application of a subregional, 
regional or global  fisheries agreement relating  to straddling  fish stocks or 
highly migratory  fish stocks to which they are parties, including  any dispute 
concerning  the conservation and management of such stocks, whether or not  they 
are also Parties  to the Convention. 

Any procedure accepted by a State Party to this Agreement and the 

3. 
Convention pursuant  to article 287 of the Convention shall apply to the 
settlement  of disputes under this Part, unless that State Party, when signing, 
ratifying or acceding  to this Agreement, or at any time thereafter, has  accepted 
another procedure pursuant  to article 287 for the settlement of disputes  under 
this Part. 

A State  Party to this Agreement which is not a Party to the Convention, 

4. 
when signing, ratifying or acceding to this Agreement, or at any time 
thereafter,  shall be free to choose, by means of a written declaration, one or 
more of  the means  set out in article 287, paragraph  1, of the Convention  for the 
settlement  of disputes under this Part.  Article 287 shall apply to such a 
declaration, as well as to any dispute to which such State  is a party which is 
not covered by a declaration  in force.  For the purposes of conciliation  and 

/... 

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arbitration  in apcordance with Annexes V, VII and VIII to the Convention,  such 
State  shall be entitled  to nominate conciliators, arbitrators and experts  to be 
included  in the lists referred  to in Annex V, article 2, Annex VII, article 2, 
and Annex VIII,  article 2, for the settlement of disputes under this Part. 

Any court or tribunal  to which a dispute has been submitted under  this Part 

5. 
shall apply the relevant provisions of the Convention, of this Agreement  and of 
any relevant  subregional, regional or global  fisheries agreement, as well as 
generally accepted  standards  for the conservation and management of  living 
marine  resources and other rules of international  law not  incompatible with the 
Convention, with a view to ensuring the conservation of the straddling  fish 
stocks and highly migratory  fish stocks  concerned. 

Article 31 

Provisional  measures 

Pending  the settlement of a dispute  in accordance with this Part, the 

1. 
parties  to the dispute  shall make every effort  to enter  into provisional 
arrangements  of a practical nature. 

Without prejudice  to article  290 of  the Convention, the court or  tribunal 

2. 
to which the dispute has been submitted under this Part may prescribe  any 
provisional measures which it considers appropriate under the circumstances  to 
preserve  the respective  rights of the parties to the dispute or to prevent 
damage to the stocks in question, as well as in the circumstances  referred  to in 
article  7, paragraph  5, and article  16, paragraph 2. 

A State Party to this Agreement which is not a Party to the Convention may 

3. 
declare  that, notwithstanding  article  290, paragraph  5, of the Convention, the 
International  Tribunal  for the Law of the Sea shall not be entitled to 
prescribe, modify or revoke provisional measures without the agreement of  such 
State. 

Article 32 

Limitations on applicability of procedures  for the 
settlement  of disputes 

Article  2 97, paragraph  3, of the Convention applies also to this Agreement 

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PART IX 

NON-PARTIES TO THIS AGREEMENT 

Article 33 

Non-parties  to this Agreement 

States Parties  shall encourage non-parties  to this Agreement  to become 

1. 
parties  thereto and  to adopt  laws and regulations  consistent with its 
provisions. 

States Parties  shall take measures  consistent with this Agreement  and 

2. 
international  law to deter the activities of vessels  flying  the flag of 
non-parties which undermine  the effective  implementation of this Agreement. 

PART X 

GOOD FAITH AND ABUSE OF RIGHTS 

Article  34 

Good faith and abuse of  rights 

States Parties  shall fulfil  in good  faith the obligations  assumed  under 

this Agreement  and  shall exercise  the rights recognized  in this Agreement  in a 
manner which would not constitute an abuse of right. 

Part XI 

RESPONSIBILITY AND  LIABILITY 

Article 35 

Responsibility  and  liability 

States Parties  are liable in accordance with international  law for damage 

or loss attributable  to them  in regard to this Agreement. 

PART XII 

REVIEW  CONFERENCE 

Article 36 

Review  conference 

Four years after  the date of entry into force of this Agreement,  the 
1. 
Secretary-General  of  the United Nations shall convene a conference with a view 

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Page 30 

to assessing  the effectiveness of this Agreement  in securing  the  conservation 
and management  of  straddling  fish stocks and highly migratory  fish stocks.  The 
Secretary-General  shall  invite to the conference all States Parties and  those 
States and entities which are entitled to become parties  to this Agreement  as 
well as those  intergovernmental  and non-governmental  organizations  entitled  to 
participate  as observers. 

The conference  shall review and assess the adequacy of the provisions of 

2. 
this Agreement  and,  if necessary, propose means of strengthening  the  substance 
and methods of  implementation of those provisions  in order better to address any 
continuing problems  in the conservation and management of straddling  fish stocks 
and highly migratory  fish stocks. 

PART XIII 

FINAL  PROVISIONS 

Article 37 

Signature 

This Agreement  shall be open for signature by all States and the other 

entities  referred  to in article 1, paragraph  2(b),  and shall remain open  for 
signature at United Nations Headquarters  for twelve months  from the fourth of 
December 1995. 

Article 38 

Ratification 

This Agreement  is subject to ratification by States and the other  entities 

referred  to in article  1, paragraph  2(b).  The instruments of ratification  shall 
be deposited  with the Secretary-General  of- the United Nations. 

Article  3 9 

Accession 

This Agreement  shall remain open for accession by States and the other 
entities  referred  to in article  1, paragraph  2(b).  The instruments of  accession 
shall be deposited with the Secretary-General  of the United Nations. 

Article  40 

Entry into  force 

This Agreement  shall enter into force 30 days after the date of deposit of 

1. 
the thirtieth  instrument  of ratification or accession. 

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For each State or entity which ratifies the Agreement or accedes  thereto 

2. 
after the deposit of the thirtieth instrument of ratification or accession,  this 
Agreement  shall  enter into force on the thirtieth day following  the deposit of 
its instrument  of ratification or accession. 

Article 41 

Provisional  application 

This Agreement  shall be applied provisionally by a State or entity which 

1. 
consents to its provisional application by so notifying  the depositary  in 
writing.  Such provisional  application shall become effective  from the date of 
receipt of the notification. 

Provisional  application by a State or entity shall terminate upon the entry 

2. 
into force of this Agreement  for that State or entity or upon notification  by 
that State or entity to the depositary  in writing of its intention  to  terminate 
provisional  application. 

Article 42 

Reservations and exceptions 

No reservations  or exceptions may be made to this Agreement. 

Article 43 

Declarations and  statements 

Article  42 does not preclude a State or entity, when  signing,  ratifying or 

acceding  to this Agreement, from making declarations or statements, however 
phrased or named, with a view, inter alia, to the harmonization  of  its laws and 
regulations with the provisions of this Agreement, provided  that  such 
declarations or statements do not purport  to exclude or to modify the  legal 
effect of the provisions of this Agreement  in their application to that State or 
entity. 

Article 44 

Relation to other  agreements 

This Agreement  shall not alter the rights and obligations  of States  Parties 

1. 
which arise  from other agreements compatible with this Agreement  and which do 
not affect  the enjoyment by other States Parties of their  rights or the 
performance  of  their obligations under this Agreement. 

Two or more States Parties may conclude agreements modifying or  suspending 

2. 
the operation of provisions of this Agreement, applicable  solely  to the 

A/CONF.164/3 7 
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Page 32 

relations between them, provided  that such agreements do not relate to a 
provision derogation  from which is incompatible with the effective execution of 
the object and purpose of this Agreement, and provided  further that  such 
agreements  shall not affect  the application of the basic principles  embodied 
herein, and that the provisions of such agreements do not affect the  enjoyment 
by other States  Parties of their rights or the performance of their  obligations 
under this Agreement. 

States Parties  intending  to conclude an agreement referred to in 

3. 
paragraph 2 shall notify the other States Parties through the depositary of  this 
Agreement of their  intention  to conclude the agreement and of the modification 
or suspension  for which  it provides. 

Article 45 

Amendment 

A State Party may, by written communication addressed to the 

1. 
Secretary-General  of the United Nations, propose amendments to this Agreement 
and request  the convening of a conference to consider such proposed amendments. 
The Secretary-General  shall circulate such communication to all States Parties. 
If, within six months  from the date of the circulation of the communication, not 
less than one half  of the States Parties reply favourably to the request, the 
Secretary-General  shall convene  the conference. 

The decision-making  procedure applicable at the amendment  conference 

2. 
convened pursuant  to paragraph  1 shall be the same as that applicable at the 
United Nations Conference on Straddling Fish Stocks and Highly Migratory  Fish 
Stocks, unless otherwise decided by the conference.  The conference  should make 
every effort to reach agreement on any amendments by way of consensus  and  there 
should be no voting  on them until all efforts at consensus have been exhausted. 

Once adopted,  amendments  to this Agreement shall be open for signature at 

3. 
United Nations Headquarters by States Parties  for twelve months  from the date of 
adoption, unless otherwise provided  in the amendment  itself. 

4. 

Articles  38,  39,  47 and  50 apply to all amendments to this Agreement. 

Amendments  to this Agreement shall enter into force for the States  Parties 

5. 
ratifying or acceding  to them on the thirtieth day following  the deposit of 
instruments of ratification or accession by two thirds of the States  Parties. 
Thereafter,  for each State Party ratifying or acceding to an amendment  after the 
deposit of the required number of such instruments, the amendment  shall enter 
into force on the thirtieth day following the deposit of its instrument  of 
ratification or accession. 

An amendment may provide  that a smaller or a larger number of ratifications 

6. 
or accessions  shall be required  for its entry into force than are required by 
this article. 

/•• 

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"Page 3 3 

A State which becomes a Party to this Agreement after the entry  into force 

7. 
of amendments  in accordance with paragraph 5 shall, failing an expression of  a 
different  intention by that State: 

(a)  be  considered  as  a  Party  to  this Agreement  as  so  amended;  and 

(b)  be  considered  as  a  Party  to  the  unamended  Agreement  in  relation  to  any 

State  Party  not  bound  by  the  amendment. 

Article  46 

Denunciation 

A State Party may, by written notification addressed  to the 

1. 
Secretary-General  of the United Nations, denounce this Agreement and may 
indicate its reasons.  Failure to indicate reasons shall not affect  the  validity 
of the denunciation.  The denunciation shall take effect one year after  the  date 
of receipt of the notification, unless the notification  specifies a later date. 

The denunciation  shall not in any way affect the duty of any State Party to 

2. 
fulfil any obligation embodied  in this Agreement  to which it would be  subject 
under international  law independently of this Agreement. 

Article 47 

Participation by international  organizations 

1. 
In cases where an international organization referred to in Annex IX, 
article  1, of the Convention does not have competence over all the matters 
governed by this Agreement, Annex IX to the Convention shall apply mutatis 
mutandis to participation by such international organization  in this Agreement, 
except that the following provisions of that Annex shall not apply: 

(a)  article  2,  first  sentence;  and 

(b)  article  3,  paragraph  1. 

In cases where an international organization referred to in Annex IX, 

2. 
article  1, of the Convention has competence over all the matters governed  by 
this Agreement, the following provisions shall apply to participation by  such 
international  organization  in this Agreement : 

(a)  at the time of signature or accession, such international  organization 

shall make a declaration stating: 

(i)  that  it has competence over all the matters governed by  this 

Agreement ; 

/.. 

A/CONF.164/3 7 
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Page 34 

(ii)  that, for this reason, its member States shall not become  States 

Parties, except  in respect of their territories  for which the 
international organization has no responsibility; and 

(iii)  that it accepts the rights and obligations of States under  this 

Agreement ; 

- (b)  participation of such an international organization shall in no case 

confer any rights under this Agreement on member States of the  international 
organization; 

(c)  in the event of a conflict between the obligations of an  international 

organization under this Agreement  and its obligations under the  agreement 
establishing  the international  organization or any acts relating  to it, the 
obligations under this Agreement  shall prevail. 

Article 48 

Annexes 

The Annexes  form an integral part of this Agreement and, unless  expressly 

1. 
provided otherwise, a reference  to this Agreement or to one of  its Parts 
includes a reference  to the Annexes relating thereto. 

The Annexes may be revised  from time to time by States Parties.  Such 

2. 
revisions  shall be based on scientific and technical considerations. 
Notwithstanding  the provisions of article 45, if a revision to an Annex is 
adopted by consensus at a meeting of States Parties, it shall be incorporated  in 
this Agreement and shall take effect from the date of its adoption or from  such 
other date as may be specified  in the revision.  If a revision to an Annex is 
not adopted by consensus at such a meeting, the amendment procedures  set out in 
article 45 shall apply. 

Article 49 

Depositary 

The Secretary-General  of the United Nations  shall be the depositary of  this 

Agreement  and any amendments or revisions thereto. 

Article 50 

Authentic  texts 

The Arabic, Chinese, English, French, Russian and Spanish texts of  this 

Agreement are equally authentic. 

IN WITNESS WHEREOF,  the undersigned  Plenipotentiaries, being duly  authorized 
thereto, have signed this Agreement. 

/... 

A/CONF.164/37 
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Page 35 

OPENED FOR SIGNATURE at New York, this fourth day of December, one thousand nine 
hundred and ninety-five, in a single original, in the Arabic, Chinese, English, 
French, Russian and Spanish languages. 

A/CONF.164/37 
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Page 36 

STANDARD REQUIREMENTS  FOR THE COLLECTION AND SHARING OF DATA 

ANNEX I 

Article 1 

General principles 

The timely collection, compilation and analysis of data are fundamental  to 

1. 
the effective  conservation and management of straddling  fish stocks and highly 
migratory  fish stocks.  To this end, data  from fisheries  for these stocks on the 
high seas and those  in areas under national  jurisdiction are required and  should 
be collected and compiled  in such a way as to enable statistically meaningful 
analysis  for the purposes of fishery resource conservation and management. 
These data include catch and fishing effort statistics and other fishery-related 
information,  such as vessel-related and other data for standardizing  fishing 
effort.  Data collected  should also include  information on non-target  and 
associated or dependent  species.  All data should be verified  to ensure 
accuracy.  Confidentiality of non-aggregated data shall be maintained.  The 
dissemination of such data shall be subject  to the terms on which they have been 
provided. 

Assistance,  including  training as well as financial and technical 

2. 
assistance, shall be provided  to developing  States in order to build capacity  in 
the field of conservation and management of living marine resources.  Assistance 
should  focus on enhancing  capacity to implement data collection and 
verification, observer programmes, data analysis and research projects 
supporting  stock assessments.  The fullest possible  involvement of  developing 
State scientists  and managers in conservation and management of straddling  fish 
stocks and highly migratory  fish stocks should be promoted. 

Article 2 

Principles of data collection, compilation and exchange 

The  following general principles  should be considered  in defining  the 

parameters  for collection, compilation and exchange of data  from fishing 
operations  for straddling  fish stocks and highly migratory  fish stocks: 

(a)  States  should  ensure  that  data  are  collected  from  vessels  flying  their 

flag  on  fishing  activities  according  to  the  operational  characteristics  of  each 
fishing  method  (e.g.,  each  individual  tow  for  trawl,  each  set  for  long-line  and 
purse-seine,  each  school  fished  for  pole-and-line  and  each  day  fished  for  troll) 
and  in  sufficient  detail  to  facilitate  effective  stock  assessment; 

(b)  States  should  ensure  that  fishery  data  are  verified  through  an 

appropriate  system; 

(c)  States  should  compile  fishery-related  and  other  supporting  scientific 
data  and  provide  them  in  an  agreed  format  and  in  a  timely  manner  to  the  relevant 

/... 

A/CONF.164/37 
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Page  3 7 

subregional  or regional  fisheries management  organization or arrangement  where 
one exists.  Otherwise, States  should cooperate  to exchange data either  directly 
or through such other cooperative mechanisms as may be agreed among  them; 

(d)  States  should  agree,  within  the framework  of subregional  or  regional 

fisheries  management  organizations  or arrangements,  or otherwise,  on the 
specification of data  and the format  in which  they  are to be provided,  in 
accordance  with  this  Annex  and taking  into  account  the nature  of the stocks and 
the  fisheries  for those  stocks  in the region.  Such  organizations  or 
arrangements  should  request  non-members  or non-participants  to provide  data-  — 
concerning  relevant  fishing  activities  by vessels  flying  their  flag; 

(e)  such  organizations  or arrangements  shall  compile  data  and make  them 
available  in a  timely  manner  and in an agreed  format  to all interested  States 
under  the terms  and conditions  established  by the organization  or  arrangement; 
and 

(f)  scientists  of the flag  State  and from  the relevant  subregional  or 

regional  fisheries  management  organization  or arrangement  should  analyse the 
data  separately-or  jointly,  as  appropriate. 

Article  3 

Basic  fishery  data 

1. 
States shall  collect and make available  to the relevant  subregional  or 
regional  fisheries management  organization or arrangement  the following  types of 
data  in sufficient  detail  to facilitate  effective  stock assessment  in accordance 
with agreed procedures : 

(a)  time  series  of catch  and effort  statistics  by fishery  and fleet; 

(b)  total  catch  in number,  nominal  weight,  or both,  by species  (both 

target  and non-target)  as is appropriate  to each  fishery.  [Nominal  weight  is 
defined  by the Food  and Agriculture  Organization  of the United  Nations  as the 
live-weight  equivalent  of the  landings]; 

(c)  discard  statistics,  including  estimates  where  necessary,  reported  as 

number  or nominal  weight  by species, as is appropriate  to each  fishery; 

(d)  effort  statistics  appropriate  to each  fishing  method; and 

(e)  fishing  location,  date  and time  fished  and other  statistics  on  fishing 

operations  as  appropriate. 

States shall  also collect where appropriate  and provide  to the relevant 

2. 
subregional  or regional  fisheries management  organization or  arrangement 
information  to support  stock assessment,  including: 

(a)  composition  of the catch according  to length, weight and sex; 

/ • . . 

A/CONF.164/3 7 
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(b)  other biological  information supporting  stock assessments, such as 

information on age, growth, recruitment, distribution and stock identity; and 

(c)  other relevant research, including  surveys of abundance, biomass 

surveys, hydro-acoustic surveys, research on environmental  factors  affecting 
stock abundance, and océanographie and ecological studies. 

Article 4 

Vessel data and  information 

States  should collect the following types of vessel-related data  for 

1. 
standardizing  fleet composition and vessel  fishing power and for  converting 
between different measures of effort in the analysis of catch and effort data: 

(a)  vessel  identification, flag and port of registry; 

(b)  vessel type; 

(c)  vessel  specifications  (e.g., material of construction, date built, 

registered  length, gross registered  tonnage, power of main engines, hold 
capacity and catch storage methods); and 

(d)  fishing gear description  (e.g., types, gear specifications and 

quantity). 

2. 

The flag State will collect the following  information: 

(a)  navigation and position fixing aids; 

(b)  communication equipment and international  radio call sign; and 

(c)  crew size. 

Article 5 

Reporting 

A  State shall ensure that vessels flying its flag send to its national 

fisheries administration and, where agreed, to the relevant subregional  or 
regional  fisheries management organization or arrangement, logbook data on catch 
and effort,  including data on fishing operations on the high seas, at 
sufficiently  frequent  intervals to meet national  requirements and regional and 
international  obligations.  Such data shall be transmitted, where necessary, by 
radio,  telex, facsimile or satellite transmission or by other means. 

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Page 3 9 

Article 6 

Data verification 

States or, as appropriate, subregional or regional  fisheries  management 

organizations  or arrangements  should establish mechanisms  for verifying  fishery 
data,  such as: 

(a)  position  verification  through  vessel  monitoring  systems; 

(b)  scientific  observer  programmes  to  monitor  catch,  effort,  catch 
composition  (target  and  non-target)  and  other  details  of  fishing  operations; 

(c)  vessel  trip,  landing  and  transshipment  reports;  and 

(d)  port  sampling. 

Article  7 

Data  exchange 

Data  collected by flag States must be shared with other  flag States and 

1. 
relevant  coastal States through appropriate  subregional  or regional  fisheries 
management  organizations or arrangements.  Such organizations or  arrangements 
shall compile data and make them available  in a timely manner and in an agreed 
format  to all  interested States under the terms and conditions  established  by 
the organization  or arrangement, while maintaining  confidentiality of 
non-aggregated data, and should, to the extent  feasible, develop  database 
systems which provide efficient access to data. 

2. 
At  the global  level, collection and dissemination  of data  should be 
effected through the Food and Agriculture Organization of the United Nations. 
Where a subregional or regional  fisheries management organization or  arrangement 
does not exist, that organization may also do the same at the subregional  or 
regional  level by arrangement with the States  concerned. 

A/CONF.164/3 7 
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Page 4 0 

ANNEX II 

GUIDELINES  FOR THE APPLICATION OF PRECAUTIONARY  REFERENCE 
POINTS  IN CONSERVATION AND MANAGEMENT OF STRADDLING  FISH 
STOCKS AND HIGHLY MIGRATORY FISH STOCKS 

A precautionary  reference point is an estimated value derived  through an 

1. 
agreed  scientific procedure, which corresponds to the state of  the resource and 
of the fishery, and which can be used as a guide for fisheries management. 

Two types of precautionary  reference points should be used:  conservation, 

2. 
or limit, reference points and management, or target, reference points.  Limit 
reference points set boundaries which are intended to constrain  harvesting 
within safe biological  limits within which the stocks can produce maximum 
sustainable yield.  Target  reference points are intended to meet  management 
objectives. 

Precautionary  reference points should be stock-specific to account, 

3. 
inter alia, for the reproductive  capacity, the resilience of each stock and the 
characteristics  of  fisheries exploiting the stock, as well as other sources of 
mortality and major sources of uncertainty. 

4. 
Management  strategies  shall seek to maintain or restore populations  of 
harvested  stocks, and where necessary associated or dependent  species, at  levels 
consistent  with previously agreed precautionary reference points.  Such 
reference points  shall be used to trigger pre-agreed conservation and  management 
action.  Management  strategies shall include measures which  can be  implemented 
when precautionary  reference points are approached. 

5. 
Fishery management  strategies  shall ensure that the risk of exceeding  limit 
reference points  is very low.  If a stock falls below a limit reference point or 
is at risk of falling below such a reference^ point, conservation and management 
action should be  initiated  to facilitate stock recovery.  Fishery management 
strategies  shall ensure that target reference points are not exceeded  on 
average. 

6. 
When  information  for determining reference points  for a  fishery  is poor or 
absent, provisional  reference points shall be set.  Provisional  reference points 
may be established by analogy to similar and better-known stocks.  In such 
situations,  the fishery shall be subject to enhanced monitoring  so as to enable 
revision of provisional  reference points as improved information  becomes 
available. 

The  fishing mortality rate which generates maximum  sustainable yield  should 

7. 
be regarded as a minimum  standard  for limit reference points.  For stocks which 
are not overfished,  fishery management  strategies shall ensure  that  fishing 
mortality does not exceed  that which corresponds to maximum  sustainable  yield, 
and that the biomass does not  fall below a predefined  threshold.  For overfished 
stocks, the biomass which would produce maximum sustainable yield  can serve as a 
rebuilding  target. 

Annex  B 

DECLARATION  CONCERNING  THE  COMPETENCE  OF  THE  EUROPEAN  COMMUNITY 
WITH  REGARD  TO  MATTERS  GOVERNED  BY  THE  AGREEMENT  ON  THE 
IMPLEMENTATION  OF  THE  PROVISIONS  OF  THE  UNITED  NATIONS  CONVENTION  ON 
THE  LAW  OF  THE  SEA  OF  10  DECEMBER  1 9 82  RELATING  TO  THE  CONSERVATION 
AND  MANAGEMENT  OF  STRADDLING  FISH  STOCKS  AND  HIGHLY  MIGRATORY  FISH 
STOCKS  (Declaration  made  pursuant  to  Article  47  of  the  Agreement) 

Article  47(1)  of  the  Agreement  on  the  implementation  of  the  provisions  of  the 

United  Nations  Convention  on  the  Law  of  the  Sea  relating  to  the  conservation  and 

management  of  straddling  fish  stocks  and  highly  migratory  fish  stocks  provides 

that  in  cases  where  an  international  organization  referred  to  in  Annex  IX,  Article  1, 

of  t he  Convention  does  not  have  competence  over  all  the  matters  governed  by  the 

Agreement,  Annex  IX  of  the  Convention  (with  the  exception  of  Article  2,  first 

sentence,  and  Article  3(1))  shall  apply  mutatis  mutandis 

to  participation  by  such 

international  organization  in  the  Agreement. 

The  current  members  of  the  Community  are  the  Kingdom  of  Belgium,  the  Kingdom 

of  Denmark,  the  Federal  Republic  of  Germany,  the  Hellenic  Republic,  the  Kingdom 

of  Spain,  the  French  Republic,  Ireland,  the  Italian  Republic,  the  Grand  Duchy  of 

Luxembourg,  the  Kingdom  of  the  Netherlands,  the  Republic  of  Austria,  the 

Portuguese  Republic,  the  Republic  of  Finland,  the  Kingdom  of  Sweden  and  the 

United  Kingdom  of  Great  Britain  and  Northern  Ireland. 

The  Agreement  on  the  implementation  of  the  provisions  of  the  United  Nations 

Convention  on  the  Law  of  the  Sea  relating  to  the  conservation  and  management  of 

straddling  fish  stocks  and  highly  migratory  fish  stocks  shall  apply,  w i th  regard  to 

the  competences  transferred  to  the  European  Community,  to  the  territories  in 

w h i ch  the  Treaty  establishing  the  European  Community  is  applied  and  under  the 

conditions  laid  down  in  that  Treaty,  in  particular  Article  2 27  thereof. 

C il 

4. 

This  declaration  is  not  applicable  in  the  case  of  the  territories  of  the  Member 

States  in  which  the  said  Treaty  does  not  apply  and  is  w i t h o ut  prejudice  to  such 

acts  or  positions  as  may  be  adopted  under  the  Agreement  by  the  Member  States 

concerned  on  behalf  of  and  in  the  interests  of  those  territories. 

MATTERS  FOR  WHICH  THE  COMMUNITY  HAS  EXCLUSIVE  COMPETENCE 

5. 

The  Community"poinfs~oûf that  its  Member  States  have  fransferrêd"côm'pëïëhceTto 

it  w i th  regard  to  the  conservation  and  management  of  living  marine  resources. 

Hence,  in  this  field,  it  is  for  the  Community  to  adopt  the  relevant  rules  and 

regulations  (which  the  Member  States  enforce)  and  within  its  competence  to  enter 

into  external  undertakings  w i th  third  States  or  competent  organizations. 

This  competence  applies  in  regard  of  waters  under  national  fisheries  jurisdiction 

and  to  the  high  seas. 

6. 

The  Community  enjoys  the  regulatory  competence  granted  under  international  law 

to  the  flag  State  of  a  vessel  to  determine  the  conservation  and  management 

measures  for  marine  fisheries  resources  applicable  to  vessels  flying  the  flag  of 

Member  States  and  to  ensure  that  Member  States  adopt  provisions  allowing  for 

the  implementation  of  the  said  measures. 

7. 

Nevertheless,  measures  applicable  in  respect  of  masters  and  other  officers  of 

fishing  vessels,  e.g.  refusal,  withdrawal  or  suspension  of  authorizations  to  serve 

as  such,  are  within  the  competence  of  the  Member  States  in  accordance  w i th  their 

national  legislation. 

^3 

Measures  relating  to  the  exercise  of  jurisdiction  by  the  flag  State  over  its  vessels  on  the 

high  seas,  in  particular  provisions  such  as  those  related  to  the  taking  and  relinquishing  of 

control  of  fishing  vessels  by  States  other  than  the  flag  State,  international  cooperation  in 

respect  of  enforcement  and  the  recovery  of  the  control  of  their  vessels,  are  w i t h in  the 

competence  of  the  Member  States  in  compliance  w i th  Community  law. 

•II.-—  MATTEftS-FOR  WHICH  BOTH  THE  COMMUNITY  AND-ITS-MEMBER  STATES  HAVE 

COMPETENCE 

8. 

The  Community  shares  competence  w i th  its  Member  States  on  the  following 

matters  governed  by  this  Agreement:  requirements  of  developing  States,  scientific 

research,  port  State  measures  and  measures  adopted  in  respect  of  non-members 

of  regional  fisheries  organizations  and  non-Parties  to  the  Agreement. 

The  following  provisions  of  the  Agreement  apply  both  to  the  Community  and  to  its 

Member  States: 

- 

general  provisions:  (Articles  1,  4  and  34  to  50) 

- 

dispute  settlement:  (Part  VIII). 

9 4 

Annex  C 

DECLARATION 

The Member  States' representatives  meeting within the Council  hereby  declare that  their 
governments  will  initiate  the  procedure  for  ratifying  the  Agreement  in  their  respective 
countries  with  the  necessary  speed  since  in  order  to  become  effective  for  the 
European  Union  the  Agreement  must  be  ratified  by  the  Community  and  all  its  Member 
States. 

ISSN 0254-1475 

COM(96) 472  final 

DOCUMENTS 

EN 

03  11 

Catalogue number  :  CB-CO-96-482-EN-C 

ISBN 92-78-09322-X 

Office  for  Official  Publications of the European  Communities 

L-2985  Luxembourg