United Nations General Assembly Resolution 51 - 36 on Large-Scale Pelagic Drift-Net Fishing, Unauthorized Fishing in Zones of National Jurisdiction, and Fisheries By-Catch and Discards, New York, 1996

Done at New York 9 December 1996

Primary source citation: Copy of text provided by the United Nations

Distr.

GENERAL

A/RES/51/36

21 January 1997

Fifty-first session

Agenda item 24 (c)

RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

[without reference to a Main Committee (A/51/L.29 and Add.1)]

51/36. Large-scale pelagic drift-net fishing;

unauthorized fishing in zones of national

jurisdiction; and fisheries by-catch and

discards

The General Assembly,

Reaffirming its resolutions 46/215 of 20 December 1991, 49/116 and

49/118 of 19 December 1994 as well as other relevant resolutions,

Reaffirming also its resolution 50/25 of 5 December 1995 on large-scale

pelagic drift-net fishing and its impact on the living marine resources of the

world's oceans and seas, unauthorized fishing in zones of national

jurisdiction and its impact on the living marine resources of the world's

oceans and seas, and fisheries by-catch and discards and their impact on the

sustainable use of the world's living marine resources,

Conscious of the need to promote and facilitate international

cooperation, especially at the regional and subregional levels, in order to

ensure the sustainable development and use of the living marine resources of

the world's oceans and seas, consistent with the present resolution,

Mindful that the Agreement for the Implementation of the Provisions of

the United Nations Convention on the Law of the Sea of 10 December 1982

relating to the Conservation and Management of Straddling Fish Stocks and

shall minimize pollution, waste, discards, catch by lost or abandoned gear,

catch of non-target species, both fish and non-fish species, and impacts on

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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, and further provides that States shall take measures, including

the establishment of regulations, to ensure that vessels flying their flags do

not conduct unauthorized fishing within areas under the national jurisdiction

of other States,

Noting that the Code of Conduct for Responsible Fisheries sets out

principles and global standards of behaviour for responsible practices to

conserve, manage and develop fisheries, including guidelines for fishing on

the high seas and in areas under the national jurisdiction of other States,

and on fishing gear selectivity and practices, with the aim of reducing

by-catch and discards,

Expressing deep concern at the detrimental impact of unauthorized

fishing in areas under national jurisdiction, where the overwhelming

proportion of the global fish catch is harvested, on the sustainable

development of the world's fishery resources and on the food security and

economies of many States, particularly developing States,

Reaffirming once again the rights and duties of coastal States to ensure

proper conservation and management measures with respect to the living

resources in areas under their national jurisdiction, in accordance with

international law as reflected in the United Nations Convention on the Law of

pelagic drift-net fishing and its impact on the living marine resources of the

world's oceans and seas, unauthorized fishing in zones of national

jurisdiction and its impact on the living marine resources of the world's

oceans and seas, and fisheries by-catch and discards and their impact on the

sustainable use of the world's living marine resources,

Acknowledging with appreciation the measures taken and the progress made

by members of the international community, international organizations and

regional economic integration organizations to implement and support the

objectives of resolution 46/215,

Recognizing the efforts that international organizations and members of

the international community have made to reduce by-catch and discards in

fishing operations,

Once again expressing deep concern that there are continuing reports of

activities inconsistent with the terms of resolution 46/215 and unauthorized

fishing inconsistent with the terms of resolution 49/116,

the Sea, vol. XVII (United Nations publication, Sales No. E.84.V.3),

A/CONF.62/122.

1. Reaffirms the importance it attaches to compliance with its

resolution 46/215, in particular to those provisions of the resolution calling

for full implementation of a global moratorium on all large-scale pelagic

drift-net fishing on the high seas of the world's oceans and seas, including

enclosed seas and semi-enclosed seas;

2. Notes that a growing number of States and other entities as well

as relevant regional and subregional fisheries management organizations and

arrangements have adopted legislation, established regulations or applied

other measures to ensure compliance with resolutions 46/215 and 49/116, and

urges them to enforce fully such measures;

3. Urges all authorities of members of the international community

that have not done so to take greater enforcement responsibility to ensure

full compliance with resolution 46/215 and to impose appropriate sanctions,

consistent with their obligations under international law, against acts

contrary to the terms of that resolution;

4. Calls upon States to take the responsibility, consistent with

their obligations under international law as reflected in the United Nations

ensure that no fishing vessels entitled to fly their national flags fish in

areas under the national jurisdiction of other States unless duly authorized

by the competent authorities of the coastal State or States concerned; such

authorized fishing operations should be carried out in accordance with the

conditions set out in the authorization;

5. Urges States, relevant international organizations and regional

and subregional fisheries management organizations and arrangements to take

action to adopt policies, apply measures, including through assistance to

developing countries, collect and exchange data and develop techniques to

reduce by-catches, fish discards and post-harvest losses consistent with

international law and relevant international instruments, including the Code

of Conduct for Responsible Fisheries;

6. Reiterates its call on development assistance organizations to

make it a high priority to support, including through financial and/or

technical assistance, efforts of developing coastal States, in particular the

least developed countries and the small island developing States, to improve

the monitoring and control of fishing activities and the enforcement of

fishing regulations, including through financial and technical support for

regional and subregional meetings for this purpose;

7. Requests the Secretary-General to bring the present resolution to

the attention of all members of the international community, relevant

intergovernmental organizations, the organizations and bodies of the United

Nations system, regional and subregional fisheries management organizations,

and relevant non-governmental organizations, and invites them to provide the

Secretary-General with information relevant to the implementation of the

present resolution;

8. Also requests the Secretary-General to ensure that reporting on

all major fisheries-related activities and instruments is effectively

coordinated and duplication of activities and reporting minimized and that

relevant scientific and technical studies are disseminated to the

international community, and invites the relevant specialized agencies,

including the Food and Agriculture Organization of the United Nations, as well

as regional and subregional fisheries organizations and arrangements, to

cooperate with the Secretary-General to that end;

9. Further requests the Secretary-General to submit to the General

Assembly at its fifty-second session and biennially thereafter a report on

further developments relating to the implementation of resolutions 46/215,

49/116 and 49/118, taking into account the information provided by States,

relevant specialized agencies, in particular the Food and Agriculture

Organization of the United Nations, and other appropriate organs,

organizations and programmes of the United Nations system, regional and

subregional organizations and arrangements and other relevant

intergovernmental and non-governmental organizations;

10. Decides to include in the provisional agenda of its fifty-second

session, under an item entitled "Oceans and law of the sea", a sub-item

entitled "Large-scale pelagic drift-net fishing; unauthorized fishing in zones

of national jurisdiction; and fisheries by-catch and discards".

77th plenary meeting

9 December 1996