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Draft 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

Done at New York 4 August 1995

Not yet in force

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 conservation and management
measures adopted for such stocks,

SEEKING to address in particular the problems identified in
Agenda 21, Chapter 17, Programme Area C, 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 some resources are over-utilized; 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 cc 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 relating to 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:

PART I

GENERAL PROVISIONS

Article 1

Use of terms and scope

For the purposes of this Agreement:

(a) "Convention" means the United Nations Convention on the Law
of the Sea of 10 December 1982;

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

2. (a) "States Parties" means States which have consented to be
bound by this 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 article 1 of Annex IX to the
Convention

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

3. This Agreement applies mutatis mutandis to other fishing
entities whose vessels fish on the high seas.

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

1. Unless otherwise provided, this Agreement applies to the
conservation and 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.

2. In the exercise of its sovereign rights for the purposes of
exploring and 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.

3. States shall give due consideration to the respective
capacities of 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.

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 a~ 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 dependent upon or associated with the
target stocks;

(e) adopt, where necessary, conservation and management measures
for species belonging to the same ecosystem or dependent on or
associated with 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 over-fishing 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;

(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

(l) 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.

2. States shall be more cautious when information is uncertain,
unreliable or 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
distributions 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
socioeconomic 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.

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

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.

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

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

1. Without prejudice to the sovereign rights of coastal States
'or the purpose 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 areas;

(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 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.

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

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

5. Pending agreement on compatible conservation and management
measures, the 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 submit the dispute, for the purpose of obtaining
provisional measures, in accordance with the procedures for the
settlement of disputes provided for in Part VIII.

6. Provisional arrangements or measures entered into or
prescribed pursuant to 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.

7. Coastal States shall regularly inform States fishing on the
high seas in 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 fish
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

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

3. Where a subregional or regional fisheries management
organization or arrangement has the competence to establish
conservation and management measures for particular straddling
fish stocks or highly migratory fish stocks, States fishing for
the stocks on the high seas and relevant coastal States shall
give effect to their duty to cooperate by becoming a member of
such organization or a participant in such arrangement, or by
agreeing to apply the conservation and management measures
established by such an organization or arrangement. States
having a real interest in the fisheries concerned may become
members of such organizations or participants in such
arrangements. The terms of participation of such organizations
or arrangements 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.

4. Only those States which are members cc such an organization
or participants in such an arrangement, or which agree to apply
the conservation and management measures established by such
organization or arrangement, shall have access to the fishery
resources to which those measures apply.

5. Where there is no subregional or regional fisheries
management organization or arrangement to establish conservation
and management measures for a particular straddling fish stock
or highly migratory fish stock, relevant coastal States and
States fishing on the high seas for such stocks 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 stocks 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 member States
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

1. In establishing subregional or regional fisheries management
organizations or in entering into subregional or regional
fisheries management arrangements for straddling fish stocks and
highly migratory fish stocks, States shall agree, inter alia,
on:

(a) the stocks to which conservation and management measures
apply, taking into account the biological characteristics of the
stocks concerned and the nature of the fisheries involved;

(b) the area of application, taking into account article 7,
paragraph 1, and the characteristics of the subregion or region,
including socio-economic, geographical and environmental
factors;

(c) the relationship between the work of the new organization or
arrangement and the role, objectives and operations of any
relevant existing fisheries management organizations or
arrangements; and

(d) the mechanisms by which the organization or arrangement will
obtain scientific advice and review the status of the stocks,
including, where appropriate, the 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 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, or participants in, the organization or 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 VIII;

(l) ensure the full cooperation of their relevant national
agencies and industries in implementing the recommendations and
decisions of the subregional or regional fisheries management
organization or arrangement; and

(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 state 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

1. States shall provide for transparency in the decision-making
process and other activities of subregional and regional
fisheries management organizations and arrangements.

2. Representatives from other intergovernmental organizations
and representatives from non-governmental organizations
concerned with straddling fish stocks and highly migratory fish
stocks shall be afforded the opportunity to take part in
meetings of subregional and regional fisheries management
organizations and arrangements as 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
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

1. States shall ensure that fishing vessels flying their flag
provide such information as may be necessary in order to fulfil
their obligations under this Agreement. To this end, States
shall in accordance with 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.

2. States shall cooperate, either directly or through
subregional or regional fisheries management organizations or
arrangements, to:

(a) 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) 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.

3. Consistent with Part XIII of the Convention, States shall
cooperate, directly or through competent international
organizations, to strengthen scientific research capacity in the
field of fisheries and promote scientific research related to
the conservation and management of straddling fish stocks and
highly migratory fish stocks for the benefit of all. To this
end, a State or the competent international organization
conducting such research beyond areas under national
jurisdiction shall actively promote the publication and
dissemination to any interested States of the results of that
research and information relating to its objectives and methods
and, to the extent practicable, shall facilitate the
participation of scientists from those States in such research.

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

1. States fishing for straddling fish stocks and highly
migratory fish stocks in an area of the high seas surrounded
entirely by an area under the national jurisdiction of a single
State and that 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.

2. Pursuant to article 8, States shall act in good faith and
make every effort to agree without delay on conservation and
management measures to be applied in the carrying out of fishing
operations in the area referred to in paragraph 1. If, within a
reasonable period of time, the fishing States concerned and the
coastal State are unable to agree on such measures, they shall,
having regard to paragraph 1 of this article, 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.

PART IV

NON-MEMBERS AND NON-PARTICIPANTS

Article 17

Non-members of organizations and non-Participants in
arrangements

1. A State which is not a member of a subregional or regional
fisheries management organization or is not a participant in a
subregional or regional fisheries management arrangement, and
which does not otherwise agree to apply the conservation and
management measures established by such organization or
arrangement, is not discharged from the obligation to cooperate,
in accordance with the Convention and this Agreement, in the
conservation and management of the relevant straddling fish
stocks and highly migratory fish stocks.

2. Such State shall not authorize vessels flying its flag to
engage in fishing operations for the straddling fish stocks or
highly migratory fish stocks which are subject to the
conservation and management measures established by such
organization or arrangement.

3. States which are members of subregional or regional fisheries
management organizations or participants in subregional or
regional fisheries management arrangements 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.

4. States which are members of such organizations or
participants in such arrangements 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.

PART V

DUTIES OF THE FLAG STATE

Article 18

Duties of the flag State

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

2. A State shall authorize the use of vessels flying its flag
for fishing on the high seas only where it is able to exercise
effectively its responsibilities in respect of such vessels
under the Convention and this Agreement.

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

(i) apply terms and conditions to the licence, authorization or
permit sufficient to fulfil any subregional, regional or global
obligations of the flag State;

(ii) prohibit fishing on the high seas by vessels which are not
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) 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) 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 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 and
Identification of Fishing Vessels;

(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 22, 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 programme; 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.

4. Where there is a subregionally, regionally or globally agreed
system of monitoring, control and surveillance in effect, States
shall ensure that the measures they impose on vessels flying
their flag are compatible with that system.

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, that 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.

2. All investigations and judicial proceedings shall be carried
out expeditiously. Sanctions applicable in respect of violations
shall be adequate in severity to be effective in securing
compliance and to discourage violations wherever they occur and
shall deprive offenders of the benefits accruing from their
illegal activities. Measures applicable in respect of 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

Article 20

International cooperation in enforcement

1. States shall cooperate, either directly or through
subregional or regional fisheries management organizations or
arrangements, to ensure compliance with and enforcement of
subregional and regional conservation and management measures
for straddling fish stocks and highly migratory fish stocks

2. A flag State conducting an investigation of an alleged
violation of conservation and management measures for straddling
fish stocks or highly migratory fish stocks may request the
assistance of any other State whose cooperation may be useful in
the conduct of that investigation. All States shall endeavour to
meet reasonable requests made by a flag State in connection with
such investigations.

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.

5. States shall, to the extent permitted by national laws and
regulations, establish arrangements for making available to
prosecuting authorities in other States evidence relating to
alleged violations of such measures.

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 act on 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 III of the Convention.

7. States Parties which are members of a subregional or regional
fisheries management organization or participants in a
subregional or regional fisheries management arrangement may
take action in accordance with international law, including
through recourse to subregional or regional procedures
established for this purpose, to deter 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.

Article 21

Subregional and regional cooperation in enforcement

1. In any high seas area covered by a subregional or regional
fisheries management organization or arrangement, a State Party
which is a member of, or a participant in, such organization or
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, or a
participant in, the organization or 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.

2. States, through subregional or regional fisheries management
organizations or arrangements, shall establish 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

3. If, within two years of the adoption of this Agreement, any
organization or arrangement has not established such procedures,
boarding and inspection pursuant to paragraph 1, as well as any
subsequent enforcement actions, shall, pending the establishment
of such procedures, be conducted in accordance with this article
and the basic procedures set out in article 22

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

6. The flag State shall respond to the notification referred to
under paragraph 5 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:

(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.

7. Where the flag State authorizes the inspecting State to
investigate an 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.

8. Where, following a boarding and inspection, there are clear
grounds for 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.

9. The inspecting State shall inform the flag State and the
relevant 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
international rules and generally accepted practices and
procedures 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. Inspecting States 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;

(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.

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 the members of such organization or the
participants in such an arrangement to ensure compliance with
the conservation and management measures established by the
organization or arrangement, members of, or participants in,
such organization or 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.

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
proportional 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

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
thereon 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.

2. The duly authorized inspectors of an inspecting State shall
have the authority to inspect the vessel, its licence, gear,
equipment, records, fish products and any relevant documents
necessary to verify compliance with the relevant conservation
and management measures.

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.

4. In the event that the master of a vessel refuses to accept
boarding and 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 vessels 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

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

4. Nothing in this article affects the exercise by States of
their sovereignty over ports in their territory in accordance
with international law.

PART VII

REQUIREMENTS OF DEVELOPING STATES

Article 24

Recognition of the special requirements of developing States

1. States shall give full recognition to the special
requirements of 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 shall, 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

1. States shall cooperate, either directly or through
subregional, regional or global organizations, to:

(a) 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) 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
11; and

(c) facilitate the participation of developing States in
subregional and regional fisheries management organizations and
arrangements.

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

Article 26

Special assistance in the implementation of this Agreement

1. States shall cooperate to establish special funds to assist
developing 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.

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

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

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

8. Any procedure accepted by a State Party to this Agreement and
the 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 .o this
Agreement, or at any time thereafter, has accepted another
procedure pursuant to article 287 for the settlement of disputes
under this Part.

4. A State Party to this Agreement which is not a Party to the
Convention, 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 arbitration in accordance
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 article 2 of Annex V,
article 2 of Annex VII and article 2 of Annex VIII for the
settlement of disputes under this Part.

5. Any court or tribunal to which a dispute has been submitted
under this Part 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 stock concerned.

Article 31

Provisional measures

1. Pending the settlement of a dispute in accordance with this
Part, the parties to the dispute shall make every effort to
enter into provisional arrangements of a practical nature.

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

3. A State Party to this Agreement which is not a Party to the
Convention may 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 297, paragraph 3, of the Convention applies also to this
Agreement.

PART IX

NON-PARTIES TO THIS AGREEMENT

Article 33

Non-parties to this Agreement

1. States Parties shall encourage non-parties to this Agreement
to become parties thereto and to adopt laws and regulations
consistent with its provisions.

2. States Parties shall take measures consistent with this
Agreement and 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

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

2. The conference shall review and assess the adequacy of 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 12 months from the 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 39

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

1. This Agreement shall enter into force 30 days after the date
of deposit of the thirtieth instrument of ratification or
accession.

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

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

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

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

2. Two or more States Parties may conclude agreements modifying
or suspending the operation of provisions of this Agreement,
applicable solely to the 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.

3. States Parties intending to conclude an agreement referred to
in 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

1. A State Party may, by written communication addressed to the
Secretary-General of the United Nations, propose an amendment to
this Agreement and request the convening of a conference to
consider such proposed amendment. 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.

2. The decision-making procedure applicable at the amendment
conference 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.

3. Once adopted, amendments to this Agreement shall be open for
signature by States Parties for 12 months from the date of
adoption, at United Nations Headquarters, unless otherwise
provided in the amendment itself.

4. Articles 38, 39, 4, and 50 apply to all amendments to this
Agreement.

5. An amendment to this Agreement shall enter into force for the
States Parties which establish their consent to be bound by it
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.

6. An amendment may provide that a smaller or a larger number of
ratifications or accessions shall be required for its entry into
force than are required by this article.

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

1. A State Party may, by written notification addressed to the
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.

2. The denunciation shall not in any way affect the duty of any
State Party to 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
article 1 of Annex IX to 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.

2. In cases where an international organization referred to in
article 1 of Annex IX to 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;

(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

1. The Annexes form an integral part of this Agreement and,
unless expressly provided otherwise, a reference to this
Agreement or to one of its Parts includes a reference to the
Annexes relating thereto.

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

OPENED FOR SIGNATURE at New York on ______________, in a single
original, in the Arabic, Chinese, English, French, Russian and
Spanish languages.

Annex I

STANDARD REQUIREMENTS FOR COLLECTION AND SHARING OF DATA

Article 1

General Principles

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

2. Assistance, including training and financial and technical
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 subregional or regional fisheries
management organization or arrangement where one exists.
Otherwise, States should cooperate to exchange data 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 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 analyze 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 fisheries 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.

2. States shall also collect where appropriate and provide to
the relevant 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;

(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
oceanographic and ecological studies.

Article 4

Vessel data and information

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

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, log book 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.

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

1. Data collected by flag States must be shared with other flag
States and 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 n 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.

Annex II

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

1. A precautionary reference point is an estimated value derived
through an 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

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

3. Precautionary reference points should be stock-specific to
account, 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.

7. The fishing mortality rate which generates maximum
sustainable yield should be regarded as a minimum standard for
limit reference points. For stocks which are not over-fished,
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
pre-defined threshold. For over-fished stocks, the biomass which
would produce maximum sustainable yield can serve as a
rebuilding target.