Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks

 

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 Law 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.

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 Annex IX, article 1, of 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 purpose 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 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;

(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.

 

Author: international

Mentioned in these Entries

Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks 2, Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks 3, Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks 4, Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks 5, Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks 6, Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks 7, Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks 8, Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks 9, High Seas, United Nations Convention on the Law of the Sea.