United Nations General Assembly Resolution 52 - 29 on Large-scale Pelagic Drift-net Fishing, Unauthorized Fishing in Zones of National Jurisdiction and on the High Seas, Fisheries By-catch and Discards, and Other Developments, New York, 1997

Done at New York 24 November 1997

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

 

RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

[without reference to a Main Committee (A/52/L.30 and Add.1)]

52/29. Large-scale pelagic drift-net fishing; unauthorized fishing in zones of

national jurisdiction and on the high seas; fisheries by-catch and discards;

and other developments

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 51/36 of 9 December 1996 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 Highly Migratory Fish Stocks1 provides in its general principles that States 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 associated or dependent species, in particular endangered species, through measures

including, to the extent practicable, the development and use of selective, environmentally safe and costeffective

fishing gear and techniques, and further provides that States shall take measures, including the

1 A/CONF.164/37; see also A/50/550, annex I.

establishment of regulations, to ensure that vessels flying their flags do not conduct unauthorized fishing

within areas under the national jurisdiction of other States,

Recalling the provisions of article 5 of the Agreement, which sets out the general principles to which

States are committed in order to conserve and manage such stocks,

Noting that the Code of Conduct for Responsible Fisheries, adopted by the Conference of the Food and

Agriculture Organization of the United Nations on 31 October 1995, 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 the Sea,2

Recalling that Agenda 21,3 adopted by the United Nations Conference on Environment and Development,

calls upon States to take effective action, consistent with international law, to deter reflagging of vessels by

their nationals as a means of avoiding compliance with applicable conservation and management rules for

fishing vessels on the high seas,

Recognizing the importance of the Agreement to Promote Compliance with International Conservation

and Management Measures by Fishing Vessels on the High Seas, adopted by the Conference of the Food and

Agriculture Organization of the United Nations in November 1993, to the conservation and management of

fisheries resources on the high seas,

Taking note of the report of the Secretary-General 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,4

Taking note also of the initiatives undertaken in the Food and Agriculture Organization of the United

Nations relating to the incidental catch of seabirds, the conservation and management of sharks and the

management of fishing capacity,

2 Official Records of the Third United Nations Conference on the Law of the Sea, vol. XVII (United

Nations publication, Sales No. E.84.V.3), document A/CONF.62/122.

3 Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3-14 June

1992 (United Nations publication, Sales No. E.93.I.8 and corrigenda), vol. I: Resolutions Adopted by the

Conference, resolution 1, annex II.

4 A/52/555.

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,

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, 49/116 and 51/36, 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 Convention on the Law of the Sea2 and resolution 49/116, to take measures

to 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,

and that such authorized fishing operations should be carried out in accordance with the conditions set out

in the authorization;

5. Notes the obligations of States outlined in Parts IV and V of 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 Highly Migratory Fish Stocks1 regarding

non-members and non-participants and duties of flag States respectively;

6. Calls upon States and other entities referred to in article 10, paragraph 1, of the Agreement to

Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the

High Seas that have not done so to accept the Agreement;

7. Notes that no party to the Agreement to Promote Compliance with International Conservation and

Management Measures by Fishing Vessels on the High Seas shall allow any fishing vessel entitled to fly its

flag to be used for fishing on the high seas unless it has been authorized to do so by the appropriate authority

or authorities of that party, and that a fishing vessel so authorized shall fish in accordance with the conditions

set out in the authorization;

8. Welcomes initiatives undertaken in the Food and Agricultural Organization of the United Nations

to organize an expert consultation to develop and propose guidelines leading to a plan of action aiming at

a reduction in the incidental catch of sea birds, to organize an expert consultation to develop and propose

guidelines leading to a plan of action for the conservation and effective management of shark populations

and to hold a technical consultation on the management of fishing capacity to draft guidelines for the control

and management of fishing capacities;

9. 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;

10. 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;

11. 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 nongovernmental

organizations, and invites them to provide the Secretary-General with information relevant to

the implementation of the present resolution;

12. 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;

13. Further requests the Secretary-General to submit to the General Assembly at its fifty-third session

and biennially thereafter a report on further developments relating to the implementation of resolutions

46/215, 49/116, 49/118, the status and implementation of the Agreement to Promote Compliance with

International Conservation and Management Measures by Fishing Vessels on the High Seas and efforts

undertaken in the Food and Agriculture Organization of the United Nations referred to in paragraph 8 of the

present resolution, taking into account the information provided by States, relevant specialized agencies, in

particular the Food and Agriculture Organization, 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;

14. Decides to include in the provisional agenda of its fifty-third session, under the 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 on the high seas; fisheries by-catch and discards; and other

developments".

57th plenary meeting

26 November 1997