United Nations General Assembly Resolution 53 -33 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, 1998
Done at New York 24 November 1998
Primary source citation: Copy of text provided by the United Nations
RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
[without reference to a Main Committee (A/53/L.45 and Add.1)]
53/33. 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,
51/36 of 9 December 1996 and 52/29 of 26 November 1997, as well as other resolutions 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,
Taking note with appreciation of the report of the Secretary-General,1
Emphasizing the useful role that report plays in bringing together information relating to the
sustainable development of the world’s marine living resources, provided by States, relevant
intergovernmental organizations, regional and subregional fisheries organizations, and non-governmental
organizations,
Noting with satisfaction that, while significant work remains, interested parties have made real
progress towards sustainable fisheries management,
Welcoming the progress in organizing new regional organizations and arrangements in several
heretofore unmanaged fisheries,
1
A/53/473.Noting that the secretariat of the Food and Agriculture Organization of the United Nations stated that
60 to 70 per cent of world fisheries are either fully exploited or overfished, and encouraging, in this
regard, the current intergovernmental negotiating process at that organization to address the issue of fishing
overcapacity,
Noting with concern the reports of continued loss of sea birds, particularly albatross, as a result of
incidental mortality from long-line fishing operations, and the loss of other marine species, including
sharks and fin-fish species, as a result of incidental mortality,
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 and with the duties of
States to cooperate in the conservation and management of marine living resources, in accordance with
the provisions of the United Nations Convention on the Law of the Sea,2
Once again expressing concern at the impact of large-scale drift-net fishing on the marine living
resources of the oceans and seas, and noting that there are continuing reports of activities inconsistent with
the terms of resolution 46/215,
Concerned also to ensure that the implementation of resolution 46/215 in some parts of the world
does not result in the transfer to other parts of the world of drift-nets that contravene the resolution,
Expressing concern at the detrimental impact of unauthorized fishing in areas under national
jurisdiction on the sustainable development of the world’s fishery resources and on the food security and
economies of many States, particularly developing States, and the continuing reports of unauthorized
fishing activities, inconsistent with the terms of resolution 49/116, in zones of national jurisdiction,
Recalling that, pursuant to a proposal made at the twenty-second session of the Committee on
Fisheries of the Food and Agriculture Organization of the United Nations in March 1997, that organization
agreed 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,
Noting with satisfaction that the Consultation on Management of Fishing Capacity, Shark Fisheries
and the Incidental Catch of Sea Birds, held from 26 to 30 October 1998, and its preparatory meeting, held
in July 1998, produced draft plans of action or elements thereof for approval at the February 1999 meeting
of the Committee on Fisheries,
Recognizing the importance 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 Stocks3 and the Agreement to Promote
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
A/CONF.164/37; see also A/50/550, annex I.Compliance with International Conservation and Management Measures by Fishing Vessels on the High
Seas, and noting that neither of these agreements has yet entered into force,
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,
Recalling that Agenda 21, adopted at the United Nations Conference on Environment and
Development,4 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,
Noting with satisfaction that “Oceans and seas” will be the sectoral theme discussed by the
Commission on Sustainable Development at its seventh session in 1999,
1. Reaffirms the importance it attaches to sustainable management and conservation of the marine
living resources of the world’s oceans and seas, and the obligations of States to cooperate to this end, in
accordance with international law, as reflected in the relevant provisions of the United Nations Convention
on the Law of the Sea, in particular, the provisions on cooperation set out in part V and part VII, section
2, of the Convention regarding straddling stocks, highly migratory species, marine mammals, anadromous
stocks and marine living resources of the high seas;
2. Also reaffirms the importance it attaches to compliance with its resolutions 46/215, 49/116,
49/118 and 52/29, and urges States and other entities to enforce fully such measures;
3. Requests all participants to work for the adoption of the outcomes of the technical consultation
of the Food and Agriculture Organization of the United Nations, held in Rome from 26 to 30 October
1998, and encourages all States to act responsibly, as appropriate, at national, regional and global levels
to implement the action plans or the guidelines, in particular those for the management of fishing capacity,
once adopted by the Committee on Fisheries;
4. Calls upon States and other entities referred to in article 1, paragraph 2 (b), 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 Stocks3 that have not yet ratified or acceded to the Agreement to consider doing so at the
earliest possible time, and to consider applying it provisionally;
5. Also 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 submitted instruments of acceptance of the Agreement to consider doing
so at the earliest possible time;
4
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.
6.
Urges all authorities of members of the international community that have not done so to takegreater enforcement responsibility to ensure full implementation of the global moratorium on all largescale
pelagic drift-net fishing on the high seas, including enclosed seas and semi-enclosed seas, and to
impose appropriate sanctions, consistent with their obligations under international law, against acts
contrary to the terms of resolution 46/215;
7.
Calls upon States that have not done so to take measures, including measures to deter reflaggingto avoid compliance with applicable obligations, to ensure that fishing vessels entitled to fly their flags
do not fish in areas under the national jurisdiction of other States unless duly authorized by the authorities
of the State concerned and in accordance with the conditions set out in the authorization, and do not fish
on the high seas in contravention of the applicable conservation and management rules;
8.
Urges States, relevant international organizations and regional and subregional fisheriesmanagement organizations and arrangements to take action, including through assistance to developing
countries, 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;
9.
Reiterates its call on organizations with development assistance programmes to make it a highpriority to support, including through financial and/or technical assistance, the 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;
10.
Requests the Secretary-General to bring the present resolution to the attention of all membersof 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 to invite them to provide the Secretary-General with information relevant
to the implementation of the present resolution;
11.
Also requests the Secretary-General to ensure that reporting on all major fisheries-relatedactivities and instruments is effectively coordinated, that any duplication of activities and reporting is
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;
12.
Further requests the Secretary-General to submit to the General Assembly at its fifty-fifth sessiona report on further developments relating to the implementation of resolution 52/29, 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 resolution 52/29, 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;
13. Decides to include in the provisional agenda of its fifty-fifth session, under the item entitled
“Oceans and law of the sea”, the 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”.
69th plenary meeting
24 November 1998