Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks

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

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

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 action, 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, a State shall designate an appropriate
authority to receive notifications pursuant to this article and shall give due
publicity of such designation through the relevant subregional or regional
fisheries management organization or arrangement.

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

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

(a) fishing without a valid licence, authorization or permit issued by the
flag State in accordance with article 18, paragraph 3 (a);

(b) failing to maintain accurate records of catch and catch-related data, as
required by the relevant subregional or regional fisheries management
organization or arrangement, or serious misreporting of catch, contrary to the
catch reporting requirements of such organization or arrangement;

(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 its members or participants to
ensure compliance with the conservation and management measures established by
the organization or arrangement, members of such organization or participants in
such arrangement may agree to limit the application of paragraph 1 as between
themselves in respect of the conservation and management measures which have
been established in the relevant high seas area.

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

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

Author: international

Mentioned in these Entries

Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, High Seas, Other provisions.