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 Stocks
1 provides in its general principles that States shall minimizepollution, 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,
2Recalling 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,
4Taking 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 (UnitedNations 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 June1992 (United Nations publication, Sales No. E.93.I.8 and corrigenda), vol. I:
Resolutions Adopted by theConference, 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 thoseprovisions 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 andsubregional 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 takegreater 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 lawas reflected in the United Nations Convention on the Law of the Sea
2 and resolution 49/116, to take measuresto 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 Implementationof 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 Stocks
1 regardingnon-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 toPromote 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 andManagement 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 Nationsto 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 managementorganizations 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 ofthe 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 activitiesand 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 sessionand 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