Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks

Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks in the United States

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.


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