Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks

 

Article 22
Basic procedures for boarding and inspection pursuant to article 21

1. The inspecting State shall ensure that its duly authorized inspectors:

(a) present credentials to the master of the vessel and produce a
copy of the text of the relevant conservation and management measures or rules
and regulations in force in the High Seas area in question pursuant to those
measures;

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

(c) do not interfere with the master’s ability to communicate with the
authorities of the flag State during the boarding and inspection;

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

(e) promptly leave the vessel following completion of the inspection if they
find no evidence of a serious violation; and

(f) avoid the use of force except when and to the degree necessary to ensure
the safety of the inspectors and where the inspectors are obstructed in the
execution of their duties. The degree of force used shall not exceed that
reasonably required in the circumstances.

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

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 vessel’s authorization to fish
and order the vessel to return immediately to port. The flag State shall advise
the inspecting State of the action it has taken when the circumstances referred
to in this paragraph arise.

Article 23
Measures taken by a port State

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:

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

(b) to assist developing States, in particular the least-developed among them
and small island developing States, to enable them to participate in High Seas
fisheries for such stocks, including facilitating access to such fisheries
subject to articles 5 and 11; and

(c) to 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 ofnational and regional observer programmes and access to technology and
equipment.

 

Author: international

Mentioned in these Entries

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