Convention on Fishing & Conservation of Living Resources

Article 1

1. All States have the right for their nationals to engage in fishing on
the High Seas , subject (a) to their treaty obligations, (b) to the
interests and rights of coastal States as provided for in this Convention,
(c) to the provisions contained in the following Articles concerning
conservation of the living resources of the High Seas .

2. All States have the duty to adopt, or to co-operate with other States in
adopting, such measures for their respective nationals as may be necessary
for the conservation of the living resources of the high seas.

Article 2

As employed in this Convention, the expression ‘conservation of the living
resources of the high seas’ means the aggregate of the measures rendering
possible the optimum sustainable yield from those resources so as to secure
a maximum supply of food and other marine products. Conservation programmes
should be formulated with a view to securing in the first place a supply of
food for human consumption.

Article 3

A State whose nationals are engaged in fishing any stock or stocks of fish
or other living marine resources in any area of the high seas where the
nationals of other States are not thus engaged shall adopt, for its own
nationals, measures in that area when necessary for the purpose of the
conservation of the living resources affected.

Article 4

1. If the nationals of two or more States are engaged in fishing the same
stock or stocks of fish or other living marine resources in any area or
areas of the high seas, these States shall, at the request of any of them,
enter into negotiations with a view to prescribing by agreement for their
nationals the necessary measures for the conservation of the living
resources affected.

2. If the States concerned do not reach agreement within twelve months, any
of the parties may initiate the procedure contemplated by Article 9.

Article 5

1. If, subsequent to the adoption of the measures referred to in Articles 3
and 4, nationals of other States engage in fishing the same stock or stocks
of fish or other living marine resources in any area or areas of the high
seas, the other States shall apply the measures, which shall not be
discriminatory in form or in fact, to their own nationals not later than
seven months after the date on which the measures shall have been notified
to the Director-General of the Food and Agriculture Organization of the
United Nations. The Director-General shall notify such measures to any
State which so requests and, in any case, to any State specified by the
State initiating the measure.

2. If these other States do not accept the measures so adopted and if no
agreement can be reached within twelve months, any of the interested
parties may initiate the procedure contemplated by Article 9. Subject to
paragraph 2 of Article 10, the measures adopted shall remain obligatory
pending the decision of the special commission.

Article 6

1. A coastal State has a special interest in the maintenance of the
productivity of the living resources in any area of the high seas adjacent
to its territorial sea.

2. A coastal State is entitled to take part on an equal footing in any
system of research and regulation for purposes of conservation of the
living resources of the high seas in that area, even though its nationals
do not carry on fishing there.

3. A State whose nationals are engaged in fishing in any area of the high
seas adjacent to the territorial sea of a State shall, at the request of
that coastal State, enter into negotiations with a view to prescribing by
agreement the measures necessary for the conservation of the living
resources of the high seas in that area.

4. A State whose nationals are engaged in fishing in any area of the high
seas adjacent to the territorial sea of a coastal State shall not enforce
conservation measures in that area which are opposed to those which have
been adopted by the coastal State, but may enter into negotiations with the
coastal State with a view to prescribing by agreement the measures
necessary for the conservation of the living resources of the high seas in
that area.

5. If the States concerned do not reach agreement with respect to
conservation measures within twelve months, any of the parties may initiate
the procedure contemplated by Article 9.

Article 7

1. Having regard to the provisions of paragraph 1 of Article 6, any coastal
State may, with a view to the maintenance of the productivity of the living
resources of the sea, adopt unilateral measures of conservation appropriate
to any stock of fish or other marine resources in any area of the high seas
adjacent to its territorial sea, provided that negotiations to that effect
with the other States concerned have not led to an agreement within six
months.

2. The measures which the coastal State adopts under the previous paragraph
shall be valid as to other States only if the following requirements are
fulfilled:

(a) That there is a need for urgent application of conservation measures
in the light of the existing knowledge of the fishery;
(b) That the measures adopted are based on appropriate scientific
findings;
(c) That such measures do not discriminate in form or in fact against
foreign fishermen.

3. These measures shall remain in force pending the settlement, in
accordance with the relevant provisions of this Convention, of any
disagreement as to their validity.

4. If the measures are not accepted by the other States concerned, any of
the parties may initiate the procedure contemplated by Article 9. Subject
to paragraph 2 of Article 10, the measures adopted shall remain obligatory
pending the decision of the special commission.

5. The principles of geographical demarcation as defined in Article 12 of
the Convention on the Territorial Sea and the Contiguous Zone shall be
adopted when coasts of different States are involved.

Author: international

Mentioned in these Entries

Convention on Fishing & Conservation of Living Resources 2, Convention on Fishing & Conservation of Living Resources 3, Conventions: Chronological Index 1951-1970, High Seas, Marine and Coastal conventions.