Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks

 

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
[*1554] 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 members of such organization or
participants in such arrangement, or by agreeing to apply the conservation and
management measures established by such organization or arrangement. States
having a real interest in the fisheries concerned may become members of such
organization or participants in such arrangement. The terms for participation in
such organization or arrangement shall not preclude such States from membership
or participation; nor shall they be applied in a manner which discriminates
against any State or group of States having a real interest in the fisheries
concerned.

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

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 stock in the
subregion or region shall cooperate to establish such an organization or enter
into other appropriate arrangements to ensure conservation and management of
such stock and shall participate in the work of the organization or arrangement.

6. Any State intending to propose that action be taken by an intergovernmental
organization having competence with respect to living resources should, where
such action would have a significant effect on conservation and management
measures already established by a competent subregional or regional fisheries
management organization or arrangement, consult through that organization or
arrangement with its members or participants. To the extent practicable, such
consultation should take place prior to the submission of the proposal to the
intergovernmental organization.

Article 9
Subregional and regional fisheries management organizations and arrangements

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 substainability of straddling fish stocks and highly migratory
fish stocks;

(b) agree, as appropriate, on participatory rights such as allocations of
allowable catch or levels of fishing effort;

(c) adopt and apply any generally recommended international minimum standards
for the responsible conduct of fishing operations;

(d) obtain and evaluate scientific advice, review the status of the stocks
and assess the impact of fishing on non-target and associated or dependent
species;

(e) agree on standards for collection, reporting, verification and exchange
of data on fisheries for the stocks;

(f) compile and disseminate accurate and complete statistical data, as
described in Annex I, to ensure that the best scientific evidence is available,
while maintaining confidentiality where appropriate;
(g) promote and conduct scientific assessments of the stocks and relevant research and disseminate the results thereof;

(h) establish appropriate cooperative mechanisms for effective
monitoring, control, surveillance and enforcement;

(i) agree on means by which the fishing interests of new members of the
organization or new participants in the arrangement will be accommodated;

(j) agree on decision-making procedures which facilitate the adoption of
conservation and management measures in a timely and effective manner;

(k) promote the peaceful Settlement of Disputes in accordance with Part VIII;

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

(m) give due publicity to the conservation and management measures
established by the organization or arrangement.

Article 11
New members or participants

In determining the nature and extent of participatory rights for new members
of a subregional or regional fisheries management organization, or for new
participants in a subregional or regional fisheries management arrangement,
States shall take into account, inter alia:

(a) the status of the straddling fish stocks and highly migratory fish stocks
and the existing level of fishing effort in the fishery;

(b) the respective interests, fishing patterns and fishing practices of new
and existing members or participants;

(c) the respective contributions of new and existing members or participants
to conservation and management of the stocks, to the collection and provision of
accurate data and to the conduct of scientific research on the stocks;

(d) the needs of coastal fishing communities which are dependent mainly on
fishing for the stocks;

(e) the needs of coastal States whose economies are overwhelmingly dependent
on the exploitation of living marine resources; and

(f) the interests of developing States from the subregion or region in whose
areas of national jurisdiction the stocks also occur.

Article 12
Transparency in activities of subregional and regional fisheries management
organizations and arrangements

1. States shall provide for transparency in the decision-making process andother 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.

 

Author: international

Mentioned in these Entries

Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, High Seas, Settlement of Disputes.