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1995: Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks

Related Lineage is: Law of the Sea
  Provision  First Coders Codes  Second Coders Codes 
Titl.1  Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks  TITL  TITL 
Src.1  Source: Unofficial Text http://daccessdds.un.org/doc/UNDOC/GEN/N95/274/67/PDF/N9527467.pdf?OpenElement  SRC  SRC 
Pre.1  The States Parties to this Agreement,  DESC GOAL  DESC GOAL 
Pre.2  RECALLING the relevant provisions of the United Nations Convention on the Law of the Sea of 10 December 1982,  RELA  RELA 
Pre.3  DETERMINED to ensure the long-term conservation and sustainable use of straddling fish stocks and highly migratory fish stocks,     
Pre.4  RESOLVED to improve cooperation between States to that end,     
Pre.5  CALLING for more effective enforcement by flag States, port States and coastal States of conservation and management measures adopted for such stocks,     
Pre.6  SEEKING to address in particular the problems identified in Agenda 21, Chapter 17, Programme Area C, adopted by the United Nations Conference on Environment and Development namely that the management of high seas fisheries is inadequate in many areas and that some resources are over-utilized; noting that there are problems of unregulated fishing, over-capitalization, excessive fleet size, vessel reflagging to escape controls, insufficiently selective gear, unreliable databases and lack of sufficient cooperation between States,  RELA  RELA 
Pre.7  COMMITTING themselves to responsible fisheries,     
Pre.8  CONSCIOUS of the need to avoid adverse impacts on the marine environment, preserve biodiversity, maintain the integrity of marine ecosystems and minimize the risk of long-term or irreversible effects of fishing operations,     
Pre.9  RECOGNIZING the need for specific assistance, including financial, scientific and technological assistance, in order that developing States can participate effectively in the conservation, management and sustainable use of straddling fish stocks and highly migratory fish stocks,  SCIR  SCIR 
Pre.10  CONVINCED that an agreement relating to the implementation of the relevant provisions of the Convention would best serve these purposes and contribute to the maintenance of international peace and security,     
Pre.11  AFFIRMING that matters not regulated by the Convention or by this Agreement continue to be governed by the rules and principles of general international law,  RELA   
Pre.12  HAVE AGREED AS FOLLOWS:     
Sect.1  PART I     
Art.1  Article 1  DEFN SCOP  DEFN MEMB 
Art.1.1x  For the purposes of this Agreement:     
Art.1.1x.a  (a) "Convention" means the United Nations Convention on the Law of the Sea of 10 December 1982;     
Art.1.1x.b  (b) "conservation and management measures" means measures to conserve or 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;     
Art.1.1x.c  (c) "fish" includes molluscs and crustaceans except those belonging to sedentary species as defined in article 77 of the Convention; and     
Art.1.1x.d  (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.     
Art.1.2.a  2. (a) "States Parties" means States which have consented to be bound by this Agreement and for which the Agreement is in force.     
Art.1.2.b  (b) This Agreement applies mutatis mutandis:     
Art.1.2.b.i  (i) to any entity referred to in article 305, paragraph 1 (c), (d) and (e), of the Convention and    RELA 
Art.1.2.b.ii  (ii) subject to article 47, to any entity referred to as an "international organization" in article 1 of Annex IX to the Convention which becomes a Party to this Agreement, and to that extent "States Parties" refers to those entities.    RELA ATTACH 
Art.1.3  3. This Agreement applies mutatis mutandis to other fishing entities whose vessels fish on the high seas.     
Art.2  Article 2  GOAL  GOAL 
Art.2.1x  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.  RELA  RELA 
Art.3  Article 3  SCOP SUBS  SCOP IMPL 
Art.3.1  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.  RELA SOVR  SOVR RELA 
Art.3.2  2. In the exercise of its sovereign rights for the purposes 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.  SOVR   
Art.3.3  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.  SOVR   
Art.4  Article 4     
Art.4.1x  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.  SOVR RELA  SOVR RELA 
Sect.2  PART II     
Art.5  Article 5  SUBS IMPL  SUBS IMPL 
Art.5.1x  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:  RELA  RELA 
Art.5.1x.a  (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;     
Art.5.1x.b  (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;  SCIR  SCIR 
Art.5.1x.c  (c) apply the precautionary approach in accordance with article 6;     
Art.5.1x.d  (d) assess the impacts of fishing, other human activities and environmental factors on target stocks and species belonging to the same ecosystem or dependent upon or associated with the target stocks;  SCIR  SCIR 
Art.5.1x.e  (e) adopt, where necessary, conservation and management measures for species belonging to the same ecosystem or dependent on or associated with the target stocks, with a view to maintaining or restoring populations of such species above levels at which their reproduction may become seriously threatened;  SCIR   
Art.5.1x.f  (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;  SCIR  SCIR 
Art.5.1x.g  (g) protect biodiversity in the marine environment;     
Art.5.1x.h  (h) take measures to prevent or eliminate over-fishing and excess fishing capacity and to ensure that levels of fishing effort do not exceed those commensurate with the sustainable use of fishery resources;     
Art.5.1x.i  (i) take into account the interests of artisanal and subsistence fishers;  SOVR   
Art.5.1x.j  (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;  ATTACH SCIR INFO  ATTACH INFO SCIR 
Art.5.1x.k  (k) promote and conduct scientific research and develop appropriate technologies in support of fishery conservation and management; and  SCIR  SCIR 
Art.5.1x.l  (l) implement and enforce conservation and management measures through effective monitoring, control and surveillance.    SCIR 
Art.6  Article 6  SUBS IMPL  SUBS IMPL 
Art.6.1  1. States shall apply the precautionary approach widely to conservation, management and exploitation of straddling fish stocks and highly migratory fish stocks in order to protect the living marine resources and preserve the marine environment.     
Art.6.2  2. States shall be more cautious when information is uncertain, unreliable or inadequate. The absence of adequate scientific information shall not be used as a reason for postponing or failing to take conservation and management measures.     
Art.6.3  3. In implementing the precautionary approach, States shall:     
Art.6.3.a  (a) improve decision-making for fishery resource conservation and management by obtaining and sharing the best scientific information available and implementing improved techniques for dealing with risk and uncertainty;  SCIR  INFO SCIR 
Art.6.3.b  (b) apply the guidelines set out in Annex II and determine, on the basis of the best scientific information available, stock-specific reference points and the action to be taken if they are exceeded;  ATTACH SCIR  SCIR ATTACH 
Art.6.3.c  (c) take into account inter alia, uncertainties relating to the size and productivity of the stocks, reference points, stock condition in relation to such reference points, levels and distributions of fishing mortality and the impact of fishing activities on non-target and associated or dependent species, as well as existing and predicted oceanic, environmental and socioeconomic conditions; and  SCIR  SCIR 
Art.6.3.d  (d) develop data collection and research programmes to assess the impact of fishing on non-target and associated or dependent species and their environment, and adopt plans which are necessary to ensure the conservation of such species and to protect habitats of special concern.  SCIR  SCIR 
Art.6.4  4. States shall take measures to ensure that, when reference points are approached, they will not be exceeded. In the event that they are exceeded, States shall, without delay, take the action determined under paragraph 3(b) to restore the stocks.     
Art.6.5  5. Where the status of target stocks or non-target or associated or dependent species is of concern, States shall subject such stocks and species to enhanced monitoring in order to review their status and the efficacy of conservation and management measures. They shall revise those measures regularly in the light of new information.    SCIR 
Art.6.6  6. For new or exploratory fisheries, States shall adopt as soon as possible cautious conservation and management measures, including, inter alia, catch limits and effort limits. Such measures shall remain in force until there are sufficient data to allow assessment of the impact of the fisheries on the long-term sustainability of the stocks, whereupon conservation and management measures based on that assessment shall be implemented. The latter measures shall, if appropriate, allow for the gradual development of the fisheries.    SCIR 
Art.6.7  7. If a natural phenomenon has a significant adverse impact on the status of straddling fish stocks or highly migratory fish stocks, States shall adopt conservation and management measures on an emergency basis to ensure that fishing activity does not exacerbate such adverse impact. States shall also adopt such measures on an emergency basis where fishing activity presents a serious threat to the sustainability of such stocks. Measures taken on an emergency basis shall be temporary and shall be based on the best scientific evidence available.  SCIR  SCIR 
Art.7  Article 7  SUBS IMPL DISP  SUBS IMPL DISP 
Art.7.1  1. Without prejudice to the sovereign rights of coastal States 'or the purpose of exploring and exploiting, conserving and managing the living marine resources within areas under national jurisdiction as provided for in the Convention, and the right of all States for their nationals to engage in fishing on the high seas in accordance with the Convention:  RELA SOVR   
Art.7.1.a  (a) with respect to straddling fish stocks, the relevant coastal States and the States whose nationals fish for such stocks in the adjacent high seas area shall seek, either directly or through the appropriate mechanisms for cooperation provided for in Part III, to agree upon the measures necessary for the conservation of these stocks in the adjacent high seas areas;     
Art.7.1.b  (b) with respect to highly migratory fish stocks, the relevant coastal States and other States whose nationals fish for such stocks in the region shall cooperate, either directly or through the appropriate mechanisms for cooperation provided for in Part III, with a view to ensuring conservation and promoting the objective of optimum utilization of such stocks throughout the region, both within and beyond the areas under national jurisdiction.     
Art.7.2  2. Conservation and management measures established for the high seas and those adopted for areas under national jurisdiction shall be compatible in order to ensure conservation and management of the straddling fish stocks and highly migratory fish stocks in their entirety. To this end, coastal States and States fishing on the high seas have a duty to cooperate for the purpose of achieving compatible measures in respect of such stocks. In determining compatible conservation and management measures, States shall:  SOVR   
Art.7.2.a  (a) take into account the conservation and management measures adopted and applied in accordance with article 61 of the Convention in respect of the same stocks by coastal States within areas under national jurisdiction and ensure that measures established in respect of such stocks for the high seas do not undermine the effectiveness of such measures;  RELA SOVR  RELA 
Art.7.2.b  (b) take into account previously agreed measures established and applied for the high seas in accordance with the Convention in respect of the same stocks by relevant coastal States and States fishing on the high seas;  RELA  RELA 
Art.7.2.c  (c) take into account previously agreed measures established and applied in accordance with the Convention in respect of the same stocks by a subregional or regional fisheries management organization or arrangement;  RELA  RELA 
Art.7.2.d  (d) take into account the biological unity and other biological characteristics of the stocks and the relationships between the distribution of the stocks, the fisheries and the geographical particularities of the region concerned, including the extent to which the stocks occur and are fished in areas under national jurisdiction;  SCIR  SCIR 
Art.7.2.e  (e) take into account the respective dependence of the coastal States and the States fishing on the high seas on the stocks concerned; and     
Art.7.2.f  (f) ensure that such measures do not result in harmful impact on the living marine resources as a whole.     
Art.7.3  3. In giving effect to their duty to cooperate, States shall make every effort to agree on compatible conservation and management measures within a reasonable period of time.     
Art.7.4  4. If no agreement can be reached within a reasonable period of time, any of the States concerned may invoke the procedures for the settlement of disputes provided for in Part VIII.     
Art.7.5  5. Pending agreement on compatible conservation and management measures, the States concerned, in a spirit of understanding and cooperation shall make every effort to enter into provisional arrangements of a practical nature. In the event that they are unable to agree on such arrangements, any of the States concerned may submit the dispute, for the purpose of obtaining provisional measures, in accordance with the procedures for the settlement of disputes provided for in Part VIII.     
Art.7.6  6. Provisional arrangements or measures entered into or prescribed pursuant to paragraph 5 shall take into account the provisions of this Part, shall have due regard to the rights and obligations of all States concerned, shall not jeopardize or hamper the reaching of final agreement on compatible conservation and management measures and shall be without prejudice to the final outcome of any dispute settlement procedure.     
Art.7.7  7. Coastal States shall regularly inform States fishing on the high seas in the subregion or region, either directly or through appropriate subregional or regional fisheries management organizations or arrangements, or through other appropriate means, of the measures they have adopted for straddling fish stocks and highly migratory fish stocks within areas under their national jurisdiction.  INFO  INFO 
Art.7.8  8. States fishing on the high seas shall regularly inform other interested States, either directly or through appropriate subregional or regional fisheries management organizations or arrangements, or through other appropriate means, of the measures they have adopted for regulating the activities of vessels flying their flag which fish for such stocks on the high seas.  INFO  INFO 
Sect.3  PART III     
Art.8  Article 8  SUBS CONS SBS SBF  SUBS CONS SBS MEMB 
Art.8.1  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 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.  RELA  RELA 
Art.8.2  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.    SCIR 
Art.8.3  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 of 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.     
Art.8.4  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.     
Art.8.5  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 stocks 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 stocks and shall participate in the work of the organization or arrangement.     
Art.8.6  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 member States or participants. To the extent practicable, such consultation should take place prior to the submission of the proposal to the intergovernmental organization.     
Art.9  Article 9  SUBS SBS   
Art.9.1  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:    SBS 
Art.9.1.a  (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;     
Art.9.1.b  (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;    SCIR 
Art.9.1.c  (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    SCIR 
Art.9.1.d  (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.  SCIR   
Art.9.2  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.  INFO  SCIR 
Art.10  Article 10  SUBS IMPL SBS  INFO 
Art.10.1x  In fulfilling their obligation to cooperate through subregional or regional fisheries management organizations or arrangements, States shall:    SBF 
Art.10.1x.a  (a) agree on and comply with conservation and management measures to ensure the long-term sustainability of straddling fish stocks and highly migratory fish stocks;     
Art.10.1x.b  (b) agree, as appropriate, on participatory rights such as allocations of allowable catch or levels of fishing effort;     
Art.10.1x.c  (c) adopt and apply any generally recommended international minimum standards for the responsible conduct of fishing operations;     
Art.10.1x.d  (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;  SCIR   
Art.10.1x.e  (e) agree on standards for collection, reporting, verification and exchange of data on fisheries for the stocks;  SCIR  SCIR 
Art.10.1x.f  (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;  SCIR ATTACH  SCIR INFO 
Art.10.1x.g  (g) promote and conduct scientific assessments of the stocks and relevant research and disseminate the results thereof;  SCIR  SCIR INFO ATTACH 
Art.10.1x.h  (h) establish appropriate cooperative mechanisms for effective monitoring, control, surveillance and enforcement;    SCIR INFO 
Art.10.1x.i  (i) agree on means by which the fishing interests of new members of, or participants in, the organization or arrangement will be accommodated;    SCIR 
Art.10.1x.j  (j) agree on decision-making procedures which facilitate the adoption of conservation and management measures in a timely and effective manner;     
Art.10.1x.k  (k) promote the peaceful settlement of disputes in accordance with Part VIII;     
Art.10.1x.l  (l) ensure the full cooperation of their relevant national agencies and industries in implementing the recommendations and decisions of the subregional or regional fisheries management organization or arrangement; and     
Art.10.1x.m  (m) give due publicity to the conservation and management measures established by the organization or arrangement.  INFO   
Art.11  Article 11  SUBS SBS  INFO 
Art.11.1x  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:    SBS 
Art.11.1x.a  (a) the state of the straddling fish stocks and highly migratory fish stocks and the existing level of fishing effort in the fishery;     
Art.11.1x.b  (b) the respective interests, fishing patterns and fishing practices of new and existing members or participants;    SCIR 
Art.11.1x.c  (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;  SCIR  SCIR 
Art.11.1x.d  (d) the needs of coastal fishing communities which are dependent mainly on fishing for the stocks;  SOVR  SCIR 
Art.11.1x.e  (e) the needs of coastal States whose economies are overwhelmingly dependent on the exploitation of living marine resources; and     
Art.11.1x.f  (f) the interests of developing States from the subregion or region in whose areas of national jurisdiction the stocks also occur.  SOVR   
Art.12  Article 12  SUBS SBS   
Art.12.1  1. States shall provide for transparency in the decision-making process and other activities of subregional and regional fisheries management organizations and arrangements.    SBS SUBS 
Art.12.2  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.     
Art.13  Article 13  SUBS SBS   
Art.13.1x  States shall cooperate to strengthen existing subregional and regional fisheries management organizations and arrangements in order to improve their effectiveness in establishing and implementing conservation and management measures for straddling fish stocks and highly migratory fish stocks.    SUBS 
Art.14  Article 14  SUBS SBS   
Art.14.1  1. States shall ensure that fishing vessels flying their flag provide such information as may be necessary in order to fulfil their obligations under this Agreement. To this end, States shall in accordance with Annex I:  ATTACH   
Art.14.1.a  (a) collect and exchange scientific, technical and statistical data with respect to fisheries for straddling fish stocks and highly migratory fish stocks;  SCIR  ATTACH INFO 
Art.14.1.b  (b) ensure that data are collected in sufficient detail to facilitate effective stock assessment and are provided in a timely manner to fulfil the requirements of subregional or regional fisheries management organizations or arrangements; and  SCIR  SCIR 
Art.14.1.c  (c) take appropriate measures to verify the accuracy of such data.  SCIR  SCIR 
Art.14.2  2. States shall cooperate, either directly or through subregional or regional fisheries management organizations or arrangements, to:    SCIR 
Art.14.2.a  (a) agree on the specification of data and the format in which they are to be provided to such organizations or arrangements, taking into account the nature of the stocks and the fisheries for those stocks; and  SCIR   
Art.14.2.b  (b) develop and share analytical techniques and stock assessment methodologies to improve measures for the conservation and management of straddling fish stocks and highly migratory fish stocks.  SCIR  INFO SCIR 
Art.14.3  3. Consistent with Part XIII of the Convention, States shall cooperate, directly or through competent international organizations, to strengthen scientific research capacity in the field of fisheries and promote scientific research related to the conservation and management of straddling fish stocks and highly migratory fish stocks for the benefit of all. To this end, a State or the competent international organization conducting such research beyond areas under national jurisdiction shall actively promote the publication and dissemination to any interested States of the results of that research and information relating to its objectives and methods and, to the extent practicable, shall facilitate the participation of scientists from those States in such research.  RELA SCIR INFO  INFO SCIR 
Art.15  Article 15  SUBS  INFO SCIR RELA 
Art.15.1x  In implementing this Agreement in an enclosed or semi-enclosed sea, States shall take into account the natural characteristics of that sea and shall also act in a manner consistent with Part IX of the Convention and other relevant provisions thereof  RELA  SUBS 
Art.16  Article 16  SUBS DISP  RELA 
Art.16.1  1. States fishing for straddling fish stocks and highly migratory fish stocks in an area of the high seas surrounded entirely by an area under the national jurisdiction of a single State and the latter State shall cooperate to establish conservation and management measures in respect of those stocks in the high seas area. Having regard to the natural characteristics of the area, States shall pay special attention to the establishment of compatible conservation and management measures for such stocks pursuant to article 7. Measures taken in respect of the high seas shall take into account the rights, duties and interests of the coastal State under the Convention, shall be based on the best scientific evidence available and shall also take into account any conservation and management measures adopted and applied in respect of the same stocks in accordance with article 61 of the Convention by the coastal State in the area under national jurisdiction. States shall also agree on measures for monitoring, control, surveillance and enforcement to ensure compliance with the conservation and management measures in respect of the high seas.    SUBS IMPL 
Art.16.2  2. Pursuant to article 8, States shall act in good faith and make every effort to agree without delay on conservation and management measures to be applied in the carrying out of fishing operations in the area referred to in paragraph 1. If, within a reasonable period of time, the fishing States concerned and the coastal State are unable to agree on such measures, they shall, having regard to paragraph 1 of this article, apply article 7, paragraphs 4, 5 and 6, relating to provisional arrangements or measures. Pending the establishment of such provisional arrangements or measures, the States concerned shall take measures in respect of vessels flying their flag in order that they not engage in fisheries which could undermine the stocks concerned.    RELA SCIR SOVR 
Sect.4  PART IV     
Art.17  Article 17  SUBS   
Art.17.1  1. A State which is not a member of a subregional or regional fisheries management organization or is not a participant in a subregional or regional fisheries management arrangement, and which does not otherwise agree to apply the conservation and management measures established by such organization or arrangement, is not discharged from the obligation to cooperate, in accordance with the Convention and this Agreement, in the conservation and management of the relevant straddling fish stocks and highly migratory fish stocks.  RELA  SUBS IMPL 
Art.17.2  2. Such State shall not authorize vessels flying its flag to engage in fishing operations for the straddling fish stocks or highly migratory fish stocks which are subject to the conservation and management measures established by such organization or arrangement.  RELA  RELA 
Art.17.3  3. States which are members of subregional or regional fisheries management organizations or participants in subregional or regional fisheries management arrangements shall, individually or jointly, request the fishing entities referred to in article 1, paragraph 3, which have fishing vessels in the relevant area to cooperate fully with such organization or arrangement in implementing the conservation and management measures it has established, with a view to having such measures applied de facto as extensively as possible to fishing activities in the relevant area Such fishing entities shall enjoy benefits from participation in the fishery commensurate with their commitment to comply with conservation and management measures in respect of the stocks.     
Art.17.4  4. States which are members of such organizations or participants in such arrangements shall exchange information with respect to the activities of fishing vessels flying the flags of States which are neither members of the organization nor participants in the arrangement and which are engaged in fishing operations for the relevant stocks. They shall take measures consistent with this Agreement and international law to deter activities of such vessels which undermine the effectiveness of subregional or regional conservation and management measures.  INFO   
Sect.5  PART V    INFO 
Art.18  Article 18  SUBS IMPL   
Art.18.1  1. A State whose vessels fish on the high seas shall take such measures as may be necessary to ensure that vessels flying its flag comply with subregional and regional conservation and management measures and that such vessels do not engage in any activity which undermines the effectiveness of such measures.    SUBS IMPL 
Art.18.2  2. A State shall authorize the use of vessels flying its flag for fishing on the high seas only where it is able to exercise effectively its responsibilities in respect of such vessels under the Convention and this Agreement.  RELA   
Art.18.3  3. Measures to be taken by a State in respect of vessels flying its flag shall include:    RELA 
Art.18.3.a  (a) control of such vessels on the high seas by means of fishing licences, authorizations or permits, in accordance with any applicable procedures agreed at the subregional, regional or global level;     
Art.18.3.b  (b) establishment of regulations to:     
Art.18.3.b.i  (i) apply terms and conditions to the licence, authorization or permit sufficient to fulfil any subregional, regional or global obligations of the flag State;     
Art.18.3.b.ii  (ii) prohibit fishing on the high seas by vessels which are not duly licensed or authorized to fish, or fishing on the high seas by vessels otherwise than in accordance with the terms and conditions of a licence, authorization or permit;     
Art.18.3.b.iii  (iii) require vessels fishing on the high seas to carry the licence, authorization or permit on board at all times and to produce it on demand for inspection by a duly authorized person; and     
Art.18.3.b.iv  (iv) ensure that vessels flying its flag do not conduct unauthorized fishing within areas under the national jurisdiction of other States;     
Art.18.3.c  (c) establishment of a national record of fishing vessels authorized to fish on the high seas and provision of access to the information contained in that record on request by directly interested States, taking into account any national laws of the flag State regarding release of such information;  SOVR   
Art.18.3.d  (d) requirements for marking of fishing vessels and fishing gear for identification in accordance with uniform and internationally recognizable vessel and gear marking systems, such as the Food and Agriculture Organization of the United Nations Standard Specifications for the Marking and Identification of Fishing Vessels;  RELA  INFO 
Art.18.3.e  (e) requirements for recording and timely reporting of vessel position, catch of target and non-target species, fishing effort and other relevant fisheries data in accordance with subregional, regional and global standards for collection of such data;  SCIR  RELA 
Art.18.3.f  (f) requirements for verifying the catch of target and non-target species through such means as observer programmes, inspection schemes, unloading reports, supervision of transshipment and monitoring of landed catches and market statistics;  SCIR  INFO SCIR 
Art.18.3.g  (g) monitoring, control and surveillance of such vessels, their fishing operations and related activities, by, inter alia:    SCIR 
Art.18.3.g.i  (i) the implementation of national inspection schemes and subregional and regional schemes for cooperation in enforcement pursuant to articles 21 and 22, including requirements for such vessels to permit access by duly authorized inspectors from other States;    SCIR 
Art.18.3.g.ii  (ii) the implementation of national observer programmes and subregional and regional observer programmes in which the flag State is a participant, including requirements for such vessels to permit access by observers from other States to carry out the functions agreed under the programme; and     
Art.18.3.g.iii  (iii) the development and implementation of vessel monitoring systems, including, as appropriate, satellite transmitter systems, in accordance with any national programmes and those which have been subregionally, regionally or globally agreed among the States concerned;     
Art.18.3.h  (h) regulation of transshipment on the high seas to ensure that the effectiveness of conservation and management measures is not undermined; and    SCIR 
Art.18.3.i  (i) regulation of fishing activities to ensure compliance with subregional, regional or global measures, including those aimed at minimizing catches of non-target species.     
Art.18.4  4. Where there is a subregionally, regionally or globally agreed system of monitoring, control and surveillance in effect, States shall ensure that the measures they impose on vessels flying their flag are compatible with that system.     
Sect.6  PART VI    SCIR 
Art.19  Article 19  SUBS IMPL   
Art.19.1  1. A State shall ensure compliance by vessels flying its flag with subregional and regional conservation and management measures for straddling fish stocks and highly migratory fish stocks. To this end, that State shall:    SUBS IMPL 
Art.19.1.a  (a) enforce such measures irrespective of where violations occur;     
Art.19.1.b  (b) investigate immediately and fully any alleged violation of subregional or regional conservation and management measures, which may include the physical inspection of the vessels concerned, and report promptly to the State alleging the violation and the relevant subregional or regional organization or arrangement on the progress and outcome of the investigation;     
Art.19.1.c  (c) require any vessel flying its flag to give information to the investigating authority regarding vessel position, catches, fishing gear, fishing operations and related activities in the area of an alleged violation;    INFO 
Art.19.1.d  (d) if satisfied that sufficient evidence is available in respect of an alleged violation, refer the case to its authorities with a view to instituting proceedings without delay in accordance with its laws and, where appropriate, detain the vessel concerned; and    SCIR INFO 
Art.19.1.e  (e) ensure that, where it has been established, in accordance with its laws, that a vessel has been involved in the commission of a serious violation of such measures, the vessel does not engage in fishing operations on the high seas until such time as all outstanding sanctions imposed by the flag State in respect of the violation have been complied with.     
Art.19.2  2. All investigations and judicial proceedings shall be carried out expeditiously. Sanctions applicable in respect of violations shall be adequate in severity to be effective in securing compliance and to discourage violations wherever they occur and shall deprive offenders of the benefits accruing from their illegal activities. Measures applicable in respect of masters and other officers of fishing vessels shall include provisions which may permit, inter alia, refusal, withdrawal or suspension of authorizations to serve as masters or officers on such vessels     
Art.20  Article 20  SUBS SBS IMPL   
Art.20.1  1. States shall cooperate, either directly or through subregional or regional fisheries management organizations or arrangements, to ensure compliance with and enforcement of subregional and regional conservation and management measures for straddling fish stocks and highly migratory fish stocks    SUBS SBF IMPL 
Art.20.2  2. A flag State conducting an investigation of an alleged violation of conservation and management measures for straddling fish stocks or highly migratory fish stocks may request the assistance of any other State whose cooperation may be useful in the conduct of that investigation. All States shall endeavour to meet reasonable requests made by a flag State in connection with such investigations.     
Art.20.3  3. A flag State may undertake such investigations directly, in cooperation with other interested States or through the relevant subregional or regional fisheries management organization or arrangement. Information on the progress and outcome of the investigations shall be provided to all States having an interest in, or affected by, the alleged violation.  INFO   
Art.20.4  4. States shall assist each other in identifying vessels reported to have engaged in activities undermining the effectiveness of subregional, regional or global conservation and management measures.    INFO 
Art.20.5  5. States shall, to the extent permitted by national laws and regulations, establish arrangements for making available to prosecuting authorities in other States evidence relating to alleged violations of such measures.  SOVR   
Art.20.6  6. Where there are reasonable grounds for believing that a vessel on the high seas has been engaged in unauthorized fishing within an area under the jurisdiction of a coastal State, the flag State of that vessel, at the request of the coastal State concerned, shall immediately and fully investigate the matter. The flag State shall cooperate with the coastal State in taking appropriate enforcement act on in such cases and may authorize the relevant authorities of the coastal State to board and inspect the vessel on the high seas This paragraph is without prejudice to article III of the Convention.  RELA SOVR  INFO 
Art.20.7  7. States Parties which are members of a subregional or regional fisheries management organization or participants in a subregional or regional fisheries management arrangement may take action in accordance with international law, including through recourse to subregional or regional procedures established for this purpose, to deter vessels which have engaged in activities which undermine the effectiveness of or otherwise violate the conservation and management measures established by that organization or arrangement from fishing on the high seas in the subregion or region until such time as appropriate action is taken by the flag State.    RELA SOVR 
Art.21  Article 21  IMPL SBS DEFN   
Art.21.1  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, or a participant in, such organization or 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, or a participant in, the organization or 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.    SUBS SBF NATBS DEFN IMPL 
Art.21.2  2. States, through subregional or regional fisheries management organizations or arrangements, shall establish 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  INFO   
Art.21.3  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 actions, shall, pending the establishment of such procedures, be conducted in accordance with this article and the basic procedures set out in article 22    INFO 
Art.21.4  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, States 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.  INFO   
Art.21.5  5. Where, following a 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.  INFO  INFO 
Art.21.6  6. The flag State shall respond to the notification referred to under 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:    INFO 
Art.21.6.a  (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    INFO 
Art.21.6.b  (b) authorize the inspecting State to investigate.     
Art.21.7  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.     
Art.21.8  8. Where, following a 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.  INFO  INFO 
Art.21.9  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.  INFO  INFO 
Art.21.10  10. The inspecting State shall require its inspectors to observe international rules and generally accepted practices and procedures 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. Inspecting States shall ensure that boarding and inspection is not conducted in a manner that would constitute harassment of any fishing vessel.    INFO 
Art.21.11  11. For the purposes of this article, a serious violation means:     
Art.21.11.a  (a) fishing without a valid licence, authorization or permit issued by the flag State in accordance with article 18, paragraph 3(a);     
Art.21.11.b  (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;     
Art.21.11.c  (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;     
Art.21.11.d  (d) directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited;     
Art.21.11.e  (e) using prohibited fishing gear;     
Art.21.11.f  (f) falsifying or concealing the markings, identity or registration of a fishing vessel;     
Art.21.11.g  (g) concealing, tampering with or disposing of evidence relating to an investigation;     
Art.21.11.h  (h) multiple violations which together constitute a serious disregard of conservation and management measures; or     
Art.21.11.i  (i) such other violations as may be specified in procedures established by the relevant subregional or regional fisheries management organization or arrangement.     
Art.21.12  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.  INFO   
Art.21.13  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.  SOVR  INFO 
Art.21.14  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.    SOVR 
Art.21.15  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 the members of such organization or the participants in such an arrangement to ensure compliance with the conservation and management measures established by the organization or arrangement, members of, or participants in, such organization or 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.     
Art.21.16  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 proportional to the seriousness of the violation.     
Art.21.17  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 appropriate in accordance with international law.     
Art.21.18  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.     
Art.22  Article 22  SUBS IMPL   
Art.22.1  1. The inspecting State shall ensure that its duly authorized inspectors:    IMPL 
Art.22.1.a  (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;     
Art.22.1.b  (b) initiate notice to the flag State at the time of the boarding and inspection;     
Art.22.1.c  (c) do not interfere with the master's ability to communicate with the authorities of the flag State during the boarding and inspection;    INFO 
Art.22.1.d  (d) provide a copy of a report on the boarding and inspection to the master and to the authorities of the flag State, noting thereon any objection or statement which the master wishes to have included in the report;     
Art.22.1.e  (e) promptly leave the vessel following completion of the inspection if they find no evidence of a serious violation; and    INFO 
Art.22.1.f  (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.     
Art.22.2  2. The duly authorized inspectors of an inspecting State shall have the authority to inspect the vessel, its licence, gear, equipment, records, fish products and any relevant documents necessary to verify compliance with the relevant conservation and management measures.     
Art.22.3  3. The flag State shall ensure that vessel masters:    SCIR 
Art.22.3.a  (a) accept and facilitate prompt and safe boarding by the inspectors;     
Art.22.3.b  (b) cooperate with and assist in the inspection of the vessel conducted pursuant to these procedures;     
Art.22.3.c  (c) do not obstruct, intimidate or interfere with the inspectors in the performance of their duties;     
Art.22.3.d  (d) allow the inspectors to communicate with the authorities of the flag State and the inspecting State during the boarding and inspection;     
Art.22.3.e  (e) provide reasonable facilities, including, where appropriate, food and accommodation, to the inspectors; and     
Art.22.3.f  (f) facilitate safe disembarkation by the inspectors.     
Art.22.4  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 vessels 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.     
Art.23  Article 23  IMPL   
Art.23.1  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.    SUBS 
Art.23.2  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.     
Art.23.3  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.     
Art.23.4  4. Nothing in this article affects the exercise by States of their sovereignty over ports in their territory in accordance with international law.  SOVR   
Sect.7  PART VII    SOVR 
Art.24  Article 24  SUBS   
Art.24.1  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.  RELA  SUBS 
Art.24.2  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:    RELA 
Art.24.2.a  (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;  SOVR   
Art.24.2.b  (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  SOVR   
Art.24.2.c  (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.    SOVR 
Art.25  Article 25  SUBS SBS FINPR   
Art.25.1  1. States shall cooperate, either directly or through subregional, regional or global organizations, to:    SUBS FINPR IMPL 
Art.25.1.a  (a) 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;     
Art.25.1.b  (b) 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     
Art.25.1.c  (c) facilitate the participation of developing States in subregional and regional fisheries management organizations and arrangements.     
Art.25.2  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.  INFO   
Art.25.3  3. Such assistance shall, inter alia, be directed specifically towards:    SCIR 
Art.25.3.a  (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;  INFO SCIR   
Art.25.3.b  (b) stock assessment and scientific research; and  SCIR  INFO SCIR 
Art.25.3.c  (c) monitoring, control, surveillance, compliance and enforcement, including training and capacity-building at the local level, development and funding of national and regional observer programmes and access to technology and equipment.  SCIR  SCIR 
Art.26  Article 26  SUBS IMPL FINPR DISP SBS  INFO SCIR 
Art.26.1  1. States shall cooperate to establish special funds to assist developing States in the implementation of this Agreement, including assisting developing States to meet the costs involved in any proceedings for the settlement of disputes to which they may be parties.    SUBS FINPR 
Art.26.2  2. States and international organizations should assist developing States in establishing new subregional or regional fisheries management organizations or arrangements, or in strengthening existing organizations or arrangements, for the conservation and management of straddling fish stocks and highly migratory fish stocks.     
Sect.8  PART VIII     
Art.27  Article 27  DISP   
Art.27.1x  States have the obligation to settle their disputes by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.    DISP 
Art.28  Article 28  SUBS SBS   
Art.28.1x  States shall cooperate in order to prevent disputes. To this end, States shall agree on efficient and expeditious decision-making procedures within subregional and regional fisheries management organizations and arrangements and shall strengthen existing decision-making procedures as necessary.    DISP 
Art.29  Article 29  DISP SBS   
Art.29.1x  Where a dispute concerns a matter of a technical nature, the States concerned may refer the dispute to an ad hoc expert panel established by them. The panel shall confer with the States concerned and shall endeavour to resolve the dispute expeditiously without recourse to binding procedures for the settlement of disputes.    DISP SBS SBF 
Art.30  Article 30  DISP   
Art.30.1  1. The provisions relating to the settlement of disputes set out in Part XV of the Convention apply mutatis mutandis to any dispute between States Parties to this Agreement concerning the interpretation or application of this Agreement, whether or not they are also Parties to the Convention.  RELA  DISP SBS RESV 
Art.30.2  2. The provisions relating to the settlement of disputes set out in Part XV of the Convention apply mutatis mutandis to any dispute between States Parties to this Agreement concerning the interpretation or application of a subregional, regional or global fisheries agreement relating to straddling fish stocks or highly migratory fish stocks to which they are parties, including any dispute concerning the conservation and management of such stocks, whether or not they are also Parties to the Convention.  RELA  RELA 
Art.30.3  3. Any procedure accepted by a State Party to this Agreement and the Convention pursuant to article 287 of the Convention shall apply to the settlement of disputes under this Part, unless that State Party, when signing, ratifying or acceding to this Agreement, or at any time thereafter, has accepted another procedure pursuant to article 287 for the settlement of disputes under this Part.  RELA  RELA 
Art.30.4  4. A State Party to this Agreement which is not a Party to the Convention, when signing, ratifying or acceding to this Agreement, or at any time thereafter, shall be free to choose, by means of a written declaration, one or more of the means set out in article 287, paragraph 1, of the Convention for the settlement of disputes under this Part. Article 287 shall apply to such a declaration, as well as to any dispute to which such State is a party which is not covered by a declaration in force. For the purposes of conciliation and arbitration in accordance with Annexes V, VII and VIII to the Convention, such State shall be entitled to nominate conciliators, arbitrators and experts to be included in the lists referred to in article 2 of Annex V, article 2 of Annex VII and article 2 of Annex VIII for the settlement of disputes under this Part.  RELA ATTACH  RELA 
Art.30.5  5. Any court or tribunal to which a dispute has been submitted under this Part shall apply the relevant provisions of the Convention, of this Agreement and of any relevant subregional, regional or global fisheries agreement, as well as generally accepted standards for the conservation and management of living marine resources and other rules of international law not incompatible with the Convention, with a view to ensuring the conservation of the straddling fish stocks and highly migratory fish stock concerned.  RELA  RELA 
Art.31  Article 31  DISP  RELA 
Art.31.1  1. Pending the settlement of a dispute in accordance with this Part, the parties to the dispute shall make every effort to enter into provisional arrangements of a practical nature.    DISP RESV 
Art.31.2  2. Without prejudice to article 290 of the Convention, the court or tribunal to which the dispute has been submitted under this Part may prescribe any provisional measures which it considers appropriate under the circumstances to preserve the respective rights of the parties to the dispute or to prevent damage to the stocks in question, as well as in the circumstances referred to in article 7, paragraph 5, and article 16, paragraph 2.  RELA   
Art.31.3  3. A State Party to this Agreement which is not a Party to the Convention may declare that, notwithstanding article 290, paragraph 5, of the Convention, the International Tribunal for the Law of the Sea shall not be entitled to prescribe, modify or revoke provisional measures without the agreement of such State.  RELA  RELA 
Art.32  Article 32  DISP   
Art.32.1x  Limitations on applicability of Procedures for the settlement of disputes Article 297, paragraph 3, of the Convention applies also to this Agreement.  RELA   
Sect.9  PART IX    RELA 
Art.33  Article 33  SUBS   
Art.33.1  1. States Parties shall encourage non-parties to this Agreement to become parties thereto and to adopt laws and regulations consistent with its provisions.    SUBS 
Art.33.2  2. States Parties shall take measures consistent with this Agreement and international law to deter the activities of vessels flying the flag of non-parties which undermine the effective implementation of this Agreement.     
Sect.10  PART X     
Art.34  Article 34  SUBS   
Art.34.1x  States Parties shall fulfil in good faith the obligations assumed under this Agreement and shall exercise the rights recognized in this Agreement in a manner which would not constitute an abuse of right.    SUBS 
Sect.11  PART XI     
Art.35  Article 35  SUBS   
Art.35.1x  States Parties are liable in accordance with international law for damage or loss attributable to them in regard to this Agreement.    SUBS 
Sect.12  PART XII     
Art.36  Article 36  REVW   
Art.36.1  1. Four years after the date of entry into force of this Agreement, the Secretary-General of the United Nations shall convene a conference with a view to assessing the effectiveness of this Agreement in securing the conservation and management of straddling fish stocks and highly migratory fish stocks. The Secretary-General shall invite to the conference all States Parties and those States and entities which are entitled to become parties to this Agreement as well as those intergovernmental and non-governmental organizations entitled to participate as observers.  RELA  HOBS HOBF REVW 
Art.36.2  2. The conference shall review and assess the adequacy of this Agreement and, if necessary, propose means of strengthening the substance and methods of implementation of those provisions in order better to address any continuing problems in the conservation and management of straddling fish stocks and highly migratory fish stocks.    RELA 
Sect.13  PART XIII     
Art.37  Article 37  MEMB   
Art.37.1x  This Agreement shall be open for signature by all States and the other entities referred to in article 1, paragraph 2(b), and shall remain open for signature at United Nations Headquarters for 12 months from the 1995.  RELA  MEMB 
Art.38  Article 38  MEMB DEPO   
Art.38.1x  This Agreement is subject to ratification by States and the other entities referred to in article 1, paragraph 2(b). The instruments of ratification shall be deposited with the Secretary-General of the United Nations.  RELA  MEMB DEPO 
Art.39  Article 39  MEMB DEPO  RELA 
Art.39.1x  This Agreement shall remain open for accession by States and the other entities referred to in article 1, paragraph 2(b). The instruments of accession shall be deposited with the Secretary-General of the United Nations.  RELA  MEMB DEPO 
Art.40  Article 40  EIF  RELA 
Art.40.1  1. This Agreement shall enter into force 30 days after the date of deposit of the thirtieth instrument of ratification or accession.    EIF 
Art.40.2  2. For each State or entity which ratifies the Agreement or accedes thereto after the deposit of the thirtieth instrument of ratification or accession, this Agreement shall enter into force on the thirtieth day following the deposit of its instrument of ratification or accession.     
Art.41  Article 41  DEPO SUBS   
Art.41.1  1. This Agreement shall be applied provisionally by a State or entity which consents to its provisional application by so notifying the depositary in writing. Such provisional application shall become effective from the date of receipt of the notification.    MEMB EIF DEPO 
Art.41.2  2. Provisional application by a State or entity shall terminate upon the entry into force of this Agreement for that State or entity or upon notification by that State or entity to the depositary in writing of its intention to terminate provisional application.     
Art.42  Article 42  RESV   
Art.42.1x  No reservations or exceptions may be made to this Agreement.    RESV 
Art.43  Article 43  SUBS   
Art.43.1x  Article 42 does not preclude a State or an entity, when signing, ratifying or acceding to this Agreement, from making declarations or statements, however phrased or named, with a view, inter alia, to the harmonization of its laws and regulations with the provisions of this Agreement, provided that such declarations or statements do not purport to exclude or to modify the legal effect of the provisions of this Agreement in their application to that State or entity.     
Art.44  Article 44  SUBS  SOVR 
Art.44.1  1. This Agreement shall not alter the rights and obligations of States Parties which arise from other agreements compatible with this Agreement and which do not affect the enjoyment by other States Parties of their rights or the performance of their obligations under this Agreement.  SOVR  RESV 
Art.44.2  2. Two or more States Parties may conclude agreements modifying or suspending the operation of provisions of this Agreement, applicable solely to the relations between them, provided that such agreements do not relate to a provision derogation from which is incompatible with the effective execution of the object and purpose of this Agreement, and provided further that such agreements shall not affect the application of the basic principles embodied herein, and that the provisions of such agreements do not affect the enjoyment by other States Parties of their rights or the performance of their obligations under this Agreement.     
Art.44.3  3. States Parties intending to conclude an agreement referred to in paragraph 2 shall notify the other States Parties through the depositary of this Agreement of their intention to conclude the agreement and of the modification or suspension for which it provides.  INFO   
Art.45  Article 45  AMND EIF MEMB   
Art.45.1  1. A State Party may, by written communication addressed to the Secretary-General of the United Nations, propose an amendment to this Agreement and request the convening of a conference to consider such proposed amendment. The Secretary-General shall circulate such communication to all States Parties. If, within six months from the date of the circulation of the communication, not less than one half of the States Parties reply favourably to the request, the Secretary-General shall convene the conference.  RELA  DEPO AMND RESV MEMB EIF 
Art.45.2  2. The decision-making procedure applicable at the amendment conference convened pursuant to paragraph 1 shall be the same as that applicable at the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, unless otherwise decided by the conference. The conference should make every effort to reach agreement on any amendments by way of consensus and there should be no voting on them until all efforts at consensus have been exhausted.  RELA  RELA 
Art.45.3  3. Once adopted, amendments to this Agreement shall be open for signature by States Parties for 12 months from the date of adoption, at United Nations Headquarters, unless otherwise provided in the amendment itself.  RELA  RELA 
Art.45.4  4. Articles 38, 39, 4, and 50 apply to all amendments to this Agreement.    RELA 
Art.45.5  5. An amendment to this Agreement shall enter into force for the States Parties which establish their consent to be bound by it on the thirtieth day following the deposit of instruments of ratification or accession by two thirds of the States Parties. Thereafter, for each State Party ratifying or acceding to an amendment after the deposit of the required number of such instruments, the amendment shall enter into force on the thirtieth day following the deposit of its instrument of ratification or accession.     
Art.45.6  6. An amendment may provide that a smaller or a larger number of ratifications or accessions shall be required for its entry into force than are required by this article.     
Art.45.7  7. A State which becomes a Party to this Agreement after the entry into force of amendments in accordance with paragraph 5 shall, failing an expression of a different intention by that State:     
Art.45.7.a  (a) be considered as a Party to this Agreement as so amended; and     
Art.45.7.b  (b) be considered as a Party to the unamended Agreement in relation to any State Party not bound by the amendment.     
Art.46  Article 46  RESV   
Art.46.1  1. A State Party may, by written notification addressed to the Secretary-General of the United Nations, denounce this Agreement and may indicate its reasons. Failure to indicate reasons shall not affect the validity of the denunciation. The denunciation shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date.  RELA  DEPO RESV 
Art.46.2  2. The denunciation shall not in any way affect the duty of any State Party to fulfil any obligation embodied in this Agreement to which it would be subject under international law independently of this Agreement.    RELA 
Art.47  Article 47  MEMB   
Art.47.1  1. In cases where an international organization referred to in article 1 of Annex IX to the Convention does not have competence over all the matters governed by this Agreement, Annex IX to the Convention shall apply mutatis mutandis to participation by such international organization in this Agreement, except that the following provisions of that Annex shall not apply:  ATTACH RELA  MEMB 
Art.47.1.a  (a) article 2, first sentence; and    RELA 
Art.47.1.b  (b) article 3, paragraph 1.     
Art.47.2  2. In cases where an international organization referred to in article 1 of Annex IX to the Convention has competence over all the matters governed by this Agreement, the following provisions shall apply to participation by such international organization in this Agreement:  RELA ATTACH   
Art.47.2.a  (a) at the time of signature or accession, such international organization shall make a declaration stating:    RELA 
Art.47.2.a.i  (i) that it has competence over all the matters governed by this Agreement;     
Art.47.2.a.ii  (ii) that, for this reason, its member States shall not become States Parties, except in respect of their territories for which the international organization has no responsibility; and     
Art.47.2.a.iii  (iii) that it accepts the rights and obligations of States under this Agreement;     
Art.47.2.b  (b) participation of such an international organization shall in no case confer any rights under this Agreement on member states of the international organization;  SOVR   
Art.47.2.c  (c) in the event of a conflict between the obligations of an international organization under this Agreement and its obligations under the agreement establishing the international organization or any acts relating to it, the obligations under this Agreement shall prevail.  SOVR   
Art.48  Article 48  AMND   
Art.48.1  1. The Annexes form an integral part of this Agreement and, unless expressly provided otherwise, a reference to this Agreement or to one of its Parts includes a reference to the Annexes relating thereto.  ATTACH  AMND EIF 
Art.48.2  2. The Annexes may be revised from time to time by States Parties. Such revisions shall be based on scientific and technical considerations. Notwithstanding the provisions of article 45, if a revision to an Annex is adopted by consensus at a meeting of States Parties, it shall be incorporated in this Agreement and shall take effect from the date of its adoption or from such other date as may be specified in the revision. If a revision to an Annex is not adopted by consensus at such a meeting, the amendment procedures set out in article 45 shall apply.  ATTACH  ATTACH 
Art.49  Article 49  DEPO  ATTACH SCIR 
Art.49.1x  The Secretary-General of the United Nations shall be the depositary of this Agreement and any amendments or revisions thereto.  RELA  DEPO 
Art.50  Article 50  TEXT  RELA 
Art.50.1x  The Arabic, Chinese, English, French, Russian and Spanish texts of this Agreement are equally authentic.    TEXT 
Conc.1  IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized thereto, have signed this Agreement.  CONC   
Conc.2  OPENED FOR SIGNATURE at New York on ______________, in a single original, in the Arabic, Chinese, English, French, Russian and Spanish languages.    CONC 
       
Please cite as:
Data from Ronald B. Mitchell. 2002-2017. International Environmental Agreements Database Project (Version 2014.3).
Available at: http://iea-archive.uoregon.edu/
Date accessed: 28 May 2017