Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 October 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks in United States

Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 October 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks

Adopted August 4, 1995

The States Parties to this Agreement,

Recalling the relevant provisions of the United Nations Convention on the Law
of the Sea of 10 December 1982,

Determined to ensure the long-term conservation and sustainable use of
straddling fish stocks and highly migratory fish stocks,

Resolved to improve cooperation between States to that end,

Calling for more effective enforcement by flag States, port States and
coastal States of the conservation and management measures adopted for such
stocks,

Seeking to address in particular the problems identified in chapter 17,
programme area C, of Agenda 21 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 overutilized, and 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,

Committing themselves to responsible fisheries,

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,

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,

Convinced that an agreement for the implementation of the relevant provisions
of the Convention would best serve these purposes and contribute to the
maintenance of international peace and security,

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,

Have agreed as follows:

PART I
GENERAL PROVISIONS

Article 1
Use of terms and scope

1. For the purposes of this Agreement:

(a) “Convention” means the United Nations Convention on the Law of the Sea of
10 December 1982;

(b) “conservation and management measures” means measures to conserve and
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;

(c) “fish” includes molluscs and crustaceans except those belonging to
sedentary species as defined in article 77 of the Convention; and

(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.

2. (a) “States Parties” means States which have consented to be bound by this
Agreement and for which the Agreement is in force.

(b) This Agreement applies mutatis mutandis:

(i) to any entity referred to in article 305, paragraph 1 (c), (d) and (e), of
the Convention and

(ii) subject to article 47, to any entity referred to as an
“international organization” in Annex IX, article 1, of the Convention

which becomes a Party to this Agreement, and to that extent “States Parties”

refers to those entities.

3. This Agreement applies mutatis mutandis to other fishing entities whose
vessels fish on the high seas.

Article 2
Objective

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.

Article 3
Application

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.

2. In the exercise of its sovereign rights for the purpose 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.

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.

Article 4
Relationship between this Agreement and the Convention

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.

PART II

CONSERVATION AND MANAGEMENT OF STRADDLING FISH STOCKS
AND HIGHLY MIGRATORY FISH STOCKS

Article 5
General principles

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:

(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;

(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;

(c) apply the precautionary approach in accordance with article 6;

(d) assess the impacts of fishing, other human activities and environmental
factors on target stocks and species belonging to the same ecosystem or
associated with or dependent upon the target stocks;

(e) adopt, where necessary, conservation and management measures for species
belonging to the same ecosystem or associated with or dependent upon the target
stocks, with a view to maintaining or restoring populations of such species
above levels at which their reproduction may become seriously threatened;

(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;

(g) protect biodiversity in the marine environment;

(h) take measures to prevent or eliminate overfishing and excess fishing
capacity and to ensure that levels of fishing effort do not exceed those
commensurate with the sustainable use of fishery resources;

(i) take into account the interests of artisanal and subsistence fishers;

(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;

(k) promote and conduct scientific research and develop appropriate
technologies in support of fishery conservation and management; and

(1) implement and enforce conservation and management measures
through effective monitoring, control and surveillance.

Article 6
Application of the precautionary approach

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.

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.

3. In implementing the precautionary approach, States shall:

(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;

(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;

(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 distribution 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 socio-economic
conditions; and

(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.

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.

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.

6. For new or exploratory fisheries, States shall adopt as soon as possible cautious conservation and management measures, including, inter alia, catch
limit and effort limit. 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.

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.

Article 7
Compatibility of conservation and management measures

1. Without prejudice to the sovereign rights of coastal States for 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:

(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 area;

(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.

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:

(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;

(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;

(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;

(d) take into account the biological unity and other biological
characteristics of the stocks and the relationships between the distribution of
[*1553] 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;

(e) take into account the respective dependence of the coastal States and the
States fishing on the high seas on the stocks concerned; and

(f) ensure that such measures do not result in harmful impact on the living
marine resources as a whole.

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.

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.

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, for the purpose of obtaining provisional measures, submit the
dispute to a court or tribunal in accordance with the procedures for the
settlement of disputes provided for in Part VIII.

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.

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.

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.

PART III

MECHANISMS FOR INTERNATIONAL COOPERATION CONCERNING STRADDLING FISH STOCKS
AND HIGHLY MIGRATORY FISH STOCKS

Article 8
Cooperation for conservation and management

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
[*1554] 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.

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.

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 for 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.

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.

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 stock 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 stock and shall participate in the work of the organization or arrangement.

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 members or participants. To the extent practicable, such
consultation should take place prior to the submission of the proposal to the
intergovernmental organization.

Article 9
Subregional and regional fisheries management organizations and arrangements

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:

(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;

(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;

(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

(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.

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.

Article 10
Functions of subregional and regional fisheries management organizations and
arrangements

In fulfilling their obligation to cooperate through subregional or regional
fisheries management organizations or arrangements, States shall:

(a) agree on and comply with conservation and management measures to ensure
the long-term substainability of straddling fish stocks and highly migratory
fish stocks;

(b) agree, as appropriate, on participatory rights such as allocations of
allowable catch or levels of fishing effort;

(c) adopt and apply any generally recommended international minimum standards
for the responsible conduct of fishing operations;

(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;

(e) agree on standards for collection, reporting, verification and exchange
of data on fisheries for the stocks;

(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;
(g) promote and conduct scientific assessments of the stocks and relevant research and disseminate the results thereof;

(h) establish appropriate cooperative mechanisms for effective
monitoring, control, surveillance and enforcement;

(i) agree on means by which the fishing interests of new members of the
organization or new participants in the arrangement will be accommodated;

(j) agree on decision-making procedures which facilitate the adoption of
conservation and management measures in a timely and effective manner;

(k) promote the peaceful settlement of disputes in accordance with Part VIII;

(l) ensure the full cooperation of their relevant national agencies and
industries in implementing the recommendations and decisions of the organization
or arrangement; and

(m) give due publicity to the conservation and management measures
established by the organization or arrangement.

Article 11
New members or participants

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:

(a) the status of the straddling fish stocks and highly migratory fish stocks
and the existing level of fishing effort in the fishery;

(b) the respective interests, fishing patterns and fishing practices of new
and existing members or participants;

(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;

(d) the needs of coastal fishing communities which are dependent mainly on
fishing for the stocks;

(e) the needs of coastal States whose economies are overwhelmingly dependent
on the exploitation of living marine resources; and

(f) the interests of developing States from the subregion or region in whose
areas of national jurisdiction the stocks also occur.

Article 12
Transparency in activities of subregional and regional fisheries management
organizations and arrangements

1. States shall provide for transparency in the decision-making process andother activities of subregional and regional fisheries management organizations
and arrangements.

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.

Article 13
Strengthening of existing organizations and arrangements

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.

Article 14
Collection and provision of information and cooperation in scientific
research

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:

(a) collect and exchange scientific, technical and statistical data with
respect to fisheries for straddling fish stocks and highly migratory fish
stocks;

(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

(c) take appropriate measures to verify the accuracy of such data.

2. States shall cooperate, either directly or through subregional or regional
fisheries management organizations or arrangements:

(a) to 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

(b) to 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.

3. Consistent with Part XIII of the Convention, States shall cooperate, either
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.

Article 15
Enclosed and semi-enclosed seas

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.

Article 16
Areas of high seas surrounded entirely by an area under the national
jurisdiction of a single State

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.

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, 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 do not engage in fisheries which
could undermine the stocks concerned.

PART IVNON-MEMBERS AND NON-PARTICIPANTS

Article 17
Non-members of organizations and non-participants in arrangements

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.

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.

3. States which are members of a subregional or regional fisheries management
organization or participants in a subregional or regional fisheries management
arrangement 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.

4. States which are members of such organization or participants in such
arrangement 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.

PART V
DUTIES OF THE FLAG STATE

Article 18
Duties of the flag State

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.

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.
[*1560] 3. Measures to be taken by a State in respect of vessels flying its
flag shall include:

(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;

(b) establishment of regulations:

(i) to apply terms and conditions to the licence, authorization or permit
sufficient to fulfil any subregional, regional or global obligations of the flag
State;

(ii) to 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;

(iii) to 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

(iv) to ensure that vessels flying its flag do not conduct unauthorized fishing
within areas under the national jurisdiction of other States;

(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 the release of such information;

(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;

(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;

(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;

(g) monitoring, control and surveillance of such vessels, their fishing
operations and related activities through, inter alia:

(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;

(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
programmes; and

(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;

(h) regulation of transshipment on the high seas to ensure that the
effectiveness of conservation and management measures is not undermined; and

(i) regulation of fishing activities to ensure compliance with subregional,
regional or global measures, including those aimed at minimizing catches of
non-target species.

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.

PART VI
COMPLIANCE AND ENFORCEMENT

Article 19
Compliance and enforcement by the flag State

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:

(a) enforce such measures irrespective of where violations occur;

(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;

(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;

(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

(e) ensure that, where it has been established, in accordance with its laws,
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.
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.

Article 20
International cooperation in enforcement

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.

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.

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.

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.

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.

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 action 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 111 of the Convention.

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 that 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.

Article 21
Subregional and regional cooperation in enforcement

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 such
organization or a participant in such 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 the organization or a
participant in the 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.

2. States shall establish, through subregional or regional fisheries management
organizations or arrangements, 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.

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 action, shall,
pending the establishment of such procedures, be conducted in accordance with
this article and the basic procedures set out in article 22.

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, a State 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.

5. Where, following 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.

6. The flag State shall respond to the notification referred to in 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:
(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

(b) authorize the inspecting State to investigate.

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.

8. Where, following 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.

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.

10. The inspecting State shall require its inspectors to observe generally
accepted international regulations, procedures and practices 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. The inspecting State shall ensure that boarding
and inspection is not conducted in a manner that would constitute harassment of
any fishing vessel.

11. For the purposes of this article, a serious violation means:

(a) fishing without a valid licence, authorization or permit issued by the
flag State in accordance with article 18, paragraph 3 (a);

(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;

(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;
(d) directed fishing for a stock which is subject to a moratorium or for
which fishing is prohibited;

(e) using prohibited fishing gear;

(f) falsifying or concealing the markings, identity or registration of a
fishing vessel;

(g) concealing, tampering with or disposing of evidence relating to an
investigation;

(h) multiple violations which together constitute a serious
disregard of conservation and management measures; or

(i) such other violations as may be specified in procedures established by
the relevant subregional or regional fisheries management organization or
arrangement.

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.

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.

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.

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 its members or participants to
ensure compliance with the conservation and management measures established by
the organization or arrangement, members of such organization or participants in
such 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.

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 proportionate to the seriousness of the
violation.

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 apropriate
in accordance with international law.

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.

Article 22
Basic procedures for boarding and inspection pursuant to article 21

1. The inspecting State shall ensure that its duly authorized inspectors:

(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;

(b) initiate notice to the flag State at the time of the boarding and
inspection;

(c) do not interfere with the master’s ability to communicate with the
authorities of the flag State during the boarding and inspection;

(d) provide a copy of a report on the boarding and inspection to the master
and to the authorities of the flag State, noting therein any objection or
statement which the master wishes to have included in the report;

(e) promptly leave the vessel following completion of the inspection if they
find no evidence of a serious violation; and

(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.

2. The duly authorized inspectors of an inspecting State shall have the
authority to inspect the vessel, its licence, gear, equipment, records,
facilities, fish and fish products and any relevant documents necessary to
verify compliance with the relevant conservation and management measures.

3. The flag State shall ensure that vessel masters:

(a) accept and facilitate prompt and safe boarding by the inspectors;

(b) cooperate with and assist in the inspection of the vessel conducted
pursuant to these procedures;

(c) do not obstruct, intimidate or interfere with the inspectors in the
performance of their duties;

(d) allow the inspectors to communicate with the authorities of the flag
State and the inspecting State during the boarding and inspection;
(e) provide reasonable facilities, including, where appropriate, food and
accommodation, to the inspectors; and

(f) facilitate safe disembarkation by the inspectors.

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 vessel’s 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.

Article 23
Measures taken by a port State

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.

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.

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.

4. Nothing in this article affects the exercise by States of their sovereignty
over ports in their territory in accordance with international law.

PART VII
REQUIREMENTS OF DEVELOPING STATES

Article 24
Recognition of the special requirements of developing States

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. 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:

(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;

(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

(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.

Article 25
Forms of cooperation with developing States

1. States shall cooperate, either directly or through subregional, regional or
global organizations:

(a) to 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;

(b) to 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

(c) to facilitate the participation of developing States in subregional and
regional fisheries management organizations and arrangements.

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.

3. Such assistance shall, inter alia, be directed specifically towards:

(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;

(b) stock assessment and scientific research; and

(c) monitoring, control, surveillance, compliance and enforcement, including
training and capacity-building at the local level, development and funding ofnational and regional observer programmes and access to technology and
equipment.

Article 26
Special assistance in the implementation of this Agreement

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.

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.

PART VIII
PEACEFUL SETTLEMENT OF DISPUTES

Article 27
Obligation to settle disputes by peaceful means

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.

Article 28
Prevention of disputes

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.

Article 29
Disputes of a technical nature

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.

Article 30
Procedures for the settlement of disputes

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 tothis Agreement concerning the interpretation or application of this Agreement,
whether or not they are also Parties to the Convention.

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.

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.

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 Annex V, article 2, Annex VII, article 2,
and Annex VIII, article 2, for the settlement of disputes under this Part.

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 stocks concerned.

Article 31
Provisional measures

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.

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.

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.

Article 32
Lmitations on applicability of procedures for the settlement of disputes

Article 297, paragraph 3, of the Convention applies also to this Agreement.

PART IX
NON-PARTIES TO THIS AGREEMENT

Article 33
Non-parties to this Agreement

1. States Parties shall encourage non-parties to this Agreement to become
parties thereto and to adopt laws and regulations consistent with its
provisions.

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.

PART X
GOOD FAITH AND ABUSE OF RIGHTS

Article 34
Good faith and abuse of rights

States Parties shall fulfill 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.

Part XI
RESPONSIBILITY AND LIABILITY

Article 35
Responsibility and liability

States Parties are liable in accordance with international law for damage or
loss attributable to them in regard to this Agreement.

PART XII
REVIEW CONFERENCE

Article 36Review conference

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.

2. The conference shall review and assess the adequacy of the provisions 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.

PART XIII
FINAL PROVISIONS

Article 37
Signature

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 twelve months from the fourth of
December 1995.

Article 38
Ratification

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.

Article 39
Accession

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.

Article 40
Entry into force

1. This Agreement shall enter into force 30 days after the date of deposit of
the thirtieth instrument of ratification or accession.

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.

Article 41
Provisional application

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.

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.

Article 42
Reservations and exceptions

No reservations or exceptions may be made to this Agreement.

Article 43
Declarations and statements

Article 42 does not preclude a State or 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.

Article 44
Relation to other agreements

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.

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.

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.

Article 45
Amendment

1. A State Party may, by written communication addressed to the
Secretary-General of the United Nations, propose amendments to this Agreement
and request the convening of a conference to consider such proposed amendments.
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.

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.

3. Once adopted, amendments to this Agreement shall be open for signature by
States Parties for twelve months from the date of adoption at United Nations
Headquarters, unless otherwise provided in the amendment itself.

4. Articles 38, 39, 47 and 50 apply to all amendments to this Agreement.

5. Amendments to this Agreement shall enter into force for the States Parties
ratifying or acceding to them 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.

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.

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:

(a) be considered as a Party to this Agreement as so amended; and

(b) be considered as a Party to the unamended Agreement in relation to any
State Party not bound by the amendment.

Article 46
Denunciation

1. A State Party may, by written notification addressed to theSecretary-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.

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.

Article 47
Participation by international organizations

1. In cases where an international organization referred to in Annex IX, article
1, of 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:

(a) article 2, first sentence; and

(b) article 3, paragraph 1.

2. In cases where an international organization referred to in Annex IX, article
1, of 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:

(a) at the time of signature or accession, such international organization
shall make a declaration stating:

(i) that it has competence over all the matters governed by this Agreement;

(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

(iii) that it accepts the rights and obligations of States under this Agreement;

(b) participation of such an international organization shall in no case
confer any rights under this Agreement on member States of the international
organization;

(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.

Article 48
Annexes

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.
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.

Article 49
Depositary

The Secretary-General of the United Nations shall be the depositary of this
Agreement and any amendments or revisions thereto.

Article 50
Authentic texts

The Arabic, Chinese, English, French, Russian and Spanish texts of this
Agreement are equally authentic.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized
thereto, have signed this Agreement.

OPENED FOR SIGNATURE at New York, this fourth day of December, one thousand nine
hundred and ninety-five, in a single original, in the Arabic, Chinese, English,
French, Russian and Spanish languages.

ANNEX I
STANDARD REQUIREMENTS FOR THE COLLECTION AND SHARING OF DATA

Article 1
General principles

1. The timely collection, compilation and analysis of data are fundamental to
the effective conservation and management of straddling fish stocks and highly
migratory fish stocks. To this end, data from fisheries for these stocks on the
high seas and those in areas under national jurisdiction are required and should
be collected and compiled in such a way as to enable statistically meaningful
analysis for the purposes of fishery resource conservation and management. These
data include catch and fishing effort statistics and other fishery-related
information, such as vessel-related and other data for standardizing the fishing
effort. Data collected should also include information on non-target and
associated or dependent species. All data should be verified to ensure accuracy.
Confidentiality of non-aggregated data shall be maintained. The dissemination of
such data shall be subject to the terms on which they have been provided.

2. Assistance, including training as well as financial and technical assistance,
shall be provided to developing States in order to build capacity in the field
of conservation and management of living marine resources. Assistance should
focus on enhancing capacity to implement data collection and verification,
observer programmes, data analysis and research projects supporting stock
assessments. The fullest possible involvement of developing State scientists and
managers in conservation and management of straddling fish stocks and highly
migratory fish stocks should be promoted.

Article 2
Principles of data collection, compilation and exchanqe

The following general principles should be considered in defining the
parameters for collection, compilation and exchange of data from fishing
operations for straddling fish stocks and highly migratory fish stocks:

(a) States should ensure that data are collected from vessels flying their
flag on fishing activities according to the operational characteristics of each
fishing method (e.g., each individual tow for trawl, each set for long-line and
purse-seine, each school fished for pole-and-line and each day fished for troll)
and in sufficient detail to facilitate effective stock assessment;

(b) States should ensure that fishery data are verified through an
appropriate system;

(c) States should compile fishery-related and other supporting scientific
data and provide them in an agreed format and in a timely manner to the relevant
subregional or regional fisheries management organization or arrangement where
one exists. Otherwise, States should cooperate to exchange data either directly
or through such other cooperative mechanisms as may be agreed among them;

(d) States should agree, within the framework of subregional or regional
fisheries management organizations or arrangements, or otherwise, on the
specification of data and the format in which they are to be provided, in
accordance with this Annex and taking into account the nature of the stocks and
the fisheries for those stocks in the region. Such organizations or arrangements
should request non-members or non-participants to provide data concerning
relevant fishing activities by vessels flying their flag;

(e) such organizations or arrangements shall compile data and make them
available in a timely manner and in an agreed format to all interested States
under the terms and conditions established by the organizations or arrangements;
and

(f) scientists of the flag State and from the relevant subregional or
regional fisheries management organization or arrangement should analyse the
data separately or jointly, as appropriate.

Article 3
Basic Fishery Data

1. States shall collect and make available to the relevant subregional or
regional fisheries management organization or arrangement the following types of
data in sufficient detail to facilitate effective stock assessment in accordance
with agreed procedures:
(a) time series of catch and effort statistics by fishery and fleet;

(b) total catch in number, nominal weight or both by species (both target and
non-target) as is appropriate to each fishery. [Nominal weight is defined by the
Food and Agriculture Organization of the United Nations as the live-weight
equivalent of the landings];

(c) discard statistics, including estimates where necessary, reported as
number or nominal weight by species, as is appropriate to each fishery;

(d) effort statistics appropriate to each fishing method; and

(e) fishing location, date and time fished and other statistics on fishing
operations as appropriate.

2. States shall also collect where appropriate and provide to the relevant
subregional or regional fisheries management organization or arrangement
information to support stock assessment, including:

(a) composition of the catch according to length, weight and sex;

(b) other biological information supporting stock assessments, such as
information on age, growth, recruitment, distribution and stock identity; and

(c) other relevant research, including surveys of abundance, biomass surveys,
hydro-acoustic surveys, research on environmental factors affecting stock
abundance, and oceanographic and ecological studies.

Article 4
Vessel data and information

1. States should collect the following types of vessel-related data for
standardizing fleet composition and vessel fishing power and for converting
between different measures of effort in the analysis of catch and effort data:

(a) vessel identification, flag and port of registry;

(b) vessel type;

(c) vessel specifications (e.g., material of construction, date built,
registered length, gross registered tonnage, power of main engines, hold
capacity and catch storage methods); and

(d) fishing gear description (e.g., types, gear specifications and quantity).

2. The flag State will collect the following information:

(a) navigation and position fixing aids;

(b) communication equipment and international radio call sign; and

(c) crew size.
Article 5
Reporting

A State shall ensure that vessels flying its flag send to its national
fisheries administration and, where agreed, to the relevant subregional or
regional fisheries management organization or arrangement, logbook data on catch
and effort, including data on fishing operations on the high seas, at
sufficiently frequent intervals to meet national requirements and regional and
international obligations. Such data shall be transmitted, where necessary, by
radio, telex, facsimile or satellite transmission or by other means.

Article 6
Data verification

States or, as appropriate, subregional or regional fisheries management
organizations or arrangements should establish mechanisms for verifying fishery
data, such as:

(a) position verification through vessel monitoring systems;

(b) scientific observer programmes to monitor catch, effort, catch
composition (target and non-target) and other details of fishing operations;

(c) vessel trip, landing and transshipment reports; and

(d) port sampling.

Article 7
Data exchange

1. Data collected by flag States must be shared with other flag States and
relevant coastal States through appropriate subregional or regional fisheries
management organizations or arrangements. Such organizations or arrangements
shall compile data and make them available in a timely manner and in an agreed
format to all interested States under the terms and conditions established by
the organizations or arrangements, while maintaining confidentiality of
non-aggregated data, and should, to the extent feasible, develop database
systems which provide efficient access to data.

2. At the global level, collection and dissemination of data should be effected
through the Food and Agriculture Organization of the United Nations. Where a
subregional or regional fisheries management organization or arrangement does
not exist, that organization may also do the same at the subregional or regional
level by arrangement with the States concerned.

ANNEX II

GUIDELINES FOR THE APPLICATION OF PRECAUTIONARY REFERENCE POINTS IN
CONSERVATION AND MANAGEMENT OF STRADDLING FISH STOCKS AND HIGHLY MIGRATORY FISH
STOCKS

1. A precautionary reference point is an estimated value derived through an
agreed scientific procedure, which corresponds to the state of the resource and
of the fishery, and which can be used as a guide for fisheries management.

2. Two types of precautionary reference points should be used: conservation, or
limit, reference points and management, or target, reference points. Limit
reference points set boundaries which are intended to constrain harvesting
within safe biological limits within which the stocks can produce maximum
sustainable yield. Target reference points are intended to meet management
objectives.

3. Precautionary reference points should be stock-specific to account, inter
alia, for the reproductive capacity, the resilience of each stock and the
characteristics of fisheries exploiting the stock, as well as other sources of
mortality and major sources of uncertainty.

4. Management strategies shall seek to maintain or restore populations of
harvested stocks, and where necessary associated or dependent species, at levels
consistent with previously agreed precautionary reference points. Such reference
points shall be used to trigger pre-agreed conservation and management action.
Management strategies shall include measures which can be implemented when
precautionary reference points are approached.

5. Fishery management strategies shall ensure that the risk of exceeding limit
reference points is very low. If a stock falls below a limit reference point or
is at risk of falling below such a reference point, conservation and management
action should be initiated to facilitate stock recovery. Fishery management
strategies shall ensure that target reference points are not exceeded on
average.

6. When information for determining reference points for a fishery is poor or
absent, provisional reference points shall be set. Provisional reference points
may be established by analogy to similar and better-known stocks. In such
situations, the fishery shall be subject to enhanced monitoring so as to enable
revision of provisional reference points as improved information becomes
available.

7. The fishing mortality rate which generates maximum sustainable yield should
be regarded as a minimum standard for limit reference points. For stocks which
are not overfished, fishery management strategies shall ensure that fishing
mortality does not exceed that which corresponds to maximum sustainable yield,
and that the biomass does not fall below a predefined threshold. For overfished
stocks, the biomass which would produce maximum sustainable yield can serve as a
rebuilding target.