Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
In light of articles 52 to 55 of the Constitution;
In view of Act No. 2002-1034 of 6 August 2002 authorising the ratification of the Agreement for the purposes of the application of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to conservation and Management of fish stocks whose movements are carried out both within and beyond exclusive economic zones (straddling stocks) and highly migratory fish stocks (together two annexes);
Given Decree No. 53-192 of 14 March 1953 amended concerning the ratification and publication of international commitments entered into by France;
In light of Decree No. 96-774 of 30 August 1996 on the publication of the United Nations Convention on the Law of the Sea (together Nine annexes), signed at Montego Bay on 10 December 1982, and the agreement on the application of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982, made in New York on 28 July 1994 (set an annex),
Decline:
The Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of fish stocks that occur both within and beyond exclusive economic zones (straddling stocks) and highly migratory fish stocks (overall Two annexes), made in New York on 4 December 1995 and signed by France on 4 December 1996, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
A C C O R D
FOR THE APPLICATION OF THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON THE LAW FROM THE SEA OF 10 DECEMBER 1982 RELATING TO THE CONSERVATION AND MANAGEMENT OF STOCKS OF FISH WHOSE MOVEMENTS OCCUR BOTH WITHIN AND BEYOND EXCLUSIVE ECONOMIC ZONES (STRADDLING STOCKS) AND LARGE FISH STOCKS MIGRATORY (ENSEMBLE TWO ANNEXES)
States Parties to this Agreement,
Recalling the relevant provisions of the United Nations Convention on the Law of the Sea of 10 December 1982;
Resolved to ensure long-term conservation And the sustainable exploitation of fish stocks that occur both within and beyond exclusive economic zones (straddling stocks) and highly migratory fish stocks;
Resolved to improve cooperation Between states for this purpose;
Launching a call to flag States, port states and coastal states to ensure more effective enforcement of conservation and management measures adopted for these stocks;
Desirous To provide a solution, in particular to the problems identified in Section C of Chapter 17 of Agenda 21, adopted by the United Nations Conference on Environment and Development, inter alia, the fact that the management of fisheries on the high seas Sea is inadequate in many areas and some resources are overexploited, and noting the following problems: unregulated fishing, overgear, excessive fleet size, practice of changing the flag to escape from the Checks, insufficiently selective fishing gear, unreliable databases and insufficient cooperation between states;
committing to responsible fishing;
Conscious of the need to avoid causing Damage to the marine environment, preserving biological diversity, maintaining the integrity of marine ecosystems and minimizing the risk of long-term or irreversible effects of fishing operations;
Recognizing the need to provide Developing States with special financial, scientific and technical assistance to enable them to contribute effectively to the conservation, management and sustainable exploitation of straddling fish stocks and Highly migratory fish stocks;
Convinced that the best way to achieve these objectives and contribute to the maintenance of international peace and security is to conclude an agreement for the implementation of the provisions Relevant to the Convention;
Affirming that matters not addressed in the Convention or in this Agreement continue to be governed by the rules and principles of general international law,
have agreed as follows: :
PART I
General Terms
Article 1
Use of terms and scope
1. For the purposes of this Agreement:
a) " Convention " The United Nations Convention on the Law of the Sea of 10 December 1982;
(b) " Conservation and management measures " Measures to conserve and manage one or more Several species of marine biological resources which are adopted and applied in a manner consistent with the relevant rules of international law as reflected in the Convention and this Agreement;
(c) The term " Fish " Includes molluscs and crustaceans with the exception of those belonging to sedentary species as defined in Article 77 of the Convention; and
(d) " Arrangement " A cooperation mechanism established in accordance with To the Convention and this Agreement by two or more States in order inter alia to establish in a sub-region or region measures for the conservation and management of one or more stocks of straddling fish or large fish stocks
2. (a) " States Parties " States which have consented to be bound by this Agreement and in respect of which this Agreement is in force;
(b) This Agreement shall apply mutatis mutandis:
(i) to any entity referred to in Article 305, Paragraph 1, letters c, d and e of the Convention; and
(ii) subject to Article 47, to any entity called " International organization " In Article 1 of Annex IX to the
Convention which becomes a party to this Agreement and, in that Measure, expression " States Parties " Refers to these entities.
3. This Agreement shall apply mutatis mutandis to other fishing entities engaged in fishing on the high seas.
Article 2
Objective
The purpose of this Agreement is to ensure the Long-term conservation and sustainable exploitation of straddling fish stocks and highly migratory fish stocks through the effective implementation of the relevant provisions of the Convention.
Article 3
Application
1. Except as otherwise provided, this Agreement shall apply to the conservation and management of straddling stocks and stocks of highly migratory fish in areas which are not within the jurisdiction of the national jurisdiction, except Articles 6 and 7 shall also apply to the conservation and management of such stocks in areas within the national jurisdiction, without prejudice to the different legal regimes applicable under the Convention in areas falling within the scope of the National jurisdiction and in areas beyond national jurisdiction.
2. In the exercise of its sovereign rights for the purposes of the exploration and exploitation, conservation and management of straddling fish stocks and stocks of highly migratory fish in areas within its jurisdiction National, the coastal State shall apply mutatis mutandis the general principles set out in Article
. States shall take due account of the capacity of developing States to apply Articles 5, 6 and 7 in areas within their national jurisdiction and their need for assistance as provided for in this Agreement. To this end, Part VII shall apply mutatis mutandis to areas of national jurisdiction.
Article 4
Relationship between this Agreement and the Convention
No provision of this Agreement shall not affect the rights, jurisdiction and obligations 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
To ensure the conservation and management of straddling fish stocks and highly migratory fish stocks Coastal States and States engaged in fishing on the high seas, in fulfilment of their obligation to cooperate under the Convention:
(a) Adopt measures to ensure the long-term sustainability of straddling fish stocks and Highly migratory fish stocks and promote optimal exploitation;
(b) Ensure that these measures are based on the most reliable scientific data available to them and are likely to maintain or restore Stocks at levels that ensure the maximum constant yield, having regard to the relevant economic and ecological factors, including the special needs of developing States, and taking into account fishing methods, The interdependence of stocks and all international minimum standards generally recommended at sub-regional, regional or global levels;
c) Apply the precautionary approach in accordance with Article 6;
d) Assess the impact of the Fishing, other human activities and ecological factors on the stocks concerned, as well as those species that belong to or are associated with or depend on the same ecosystem;
e) Adopt, where appropriate, Conservation and management measures for species belonging to the same ecosystem as or associated with the stocks concerned, with a view to maintaining or restoring stocks of these species to a level such as their Reproduction is not likely to be seriously compromised;
f) Minimize pollution, waste, discards, catches by lost or abandoned gear, catches of fish and other non-target species (hereinafter referred to as " Non-target species) and the impact on associated or dependent species, in particular endangered species, through measures including, as far as possible, the development and use of fishing gear and techniques Selective, environmentally safe and cost-effective;
g) Protects biological diversity in the marine environment;
h) Measures to prevent or stop over-exploitation and overcapacity; and Ensure that the fishing effort does not reach a level incompatible with the sustainable exploitation of fisheries resources;
i) Take into account the interests of fishermen who engage in artisanal fishing and subsistence fishing ;
j) Collect and share in a timely manner complete and accurate data on fishing activities, including on the position of vessels, catches of target species and non-target species and fishing effort, as planned Annex I, as well as information from national and international research programmes;
(k) Encourage and practice scientific research and develop appropriate techniques in support of conservation and Fisheries management; and
l) Apply and enforce conservation and management measures through effective monitoring, control and monitoring systems.
Article 6
Application of The precautionary approach
1. States largely apply the precautionary approach to the conservation, management and exploitation of straddling fish stocks and highly migratory fish stocks in order to protect marine living resources and conserve The marine environment.
2. States take the same precautions as the data are uncertain, unreliable or inadequate. The lack of adequate scientific data cannot be used to avoid conservation and management measures or to defer adoption.
3. To implement the precautionary approach, states:
a) Improve decision-making in the conservation and management of fisheries resources by acquiring and sharing the most scientific information Available and applying advanced techniques to deal with risks and uncertainty;
(b) Apply the guidelines set out in Annex II and determine, on the basis of the most reliable scientific information available, They have reference points for each stock, as well as the measures to be taken if they are exceeded;
c) Taking into account, among other things, uncertainties concerning the numerical importance of stocks and the rate of reproduction, points Reference, the status of stocks in relation to these points, the extent and distribution of fishing mortality and the impact of fishing activities on non-target species and associated or dependent species, as well as Existing and planned ocean, ecological and socio-economic conditions; and
d) Develop data collection and research programs to assess the impact of fishing on non-target species and associated species, or And their environment, and adopt the necessary plans to ensure the conservation of these species and protect particularly threatened habitats.
4. When reference points are ready to be reached, states take measures to ensure that they are not exceeded. If these points are exceeded, States shall immediately take the additional conservation and management measures referred to in paragraph 3 b.
5. Where the status of the stocks or non-target species or associated or dependent species becomes a concern, States shall strengthen their monitoring of these stocks and species in order to assess their condition and the effectiveness of the measures taken by them. Conservation and management. They regularly review these data based on new data.
6. For new fisheries or exploratory fisheries, Member States shall adopt, as soon as possible, prudent conservation and management measures, including limiting catches and fishing effort. These measures remain in effect until sufficient data have been collected to assess the impact of the fishery on the long-term sustainability of the stocks; conservation and management measures based on this assessment are then Adopted. Where appropriate, these latter measures allow the progressive development of fisheries.
7. If a natural phenomenon has significant adverse effects on the status of straddling fish stocks or highly migratory fish stocks, states shall, as a matter of urgency, adopt conservation and management measures to ensure that fishing activity worsens Not these harmful effects. They also urgently adopt such measures when fishing activity poses a serious threat to the sustainability of these stocks. Emergency measures are of a temporary nature and are based on the most reliable scientific data available to them.
Article 7
Compatibility of
and management measures
1. Without prejudice to the sovereign rights which the Convention recognizes to coastal States for the purposes of the exploration, exploitation, conservation and management of marine biological resources in areas within their national jurisdiction, and without prejudice to the Prejudice to the right of all States to allow their nationals to engage in fishing on the high seas in accordance with the Convention:
a) In the case of straddling stocks, the coastal States concerned and States Such stocks shall be exploited in an adjacent area of the High Seas, either directly or through the appropriate cooperation mechanisms provided for in Part III, to agree on the measures necessary for the Conservation of these stocks in the adjacent high seas area;
(b) In the case of highly migratory fish stocks, the coastal States concerned and the other States whose nationals exploit these stocks in the region cooperate, Either directly or through the appropriate cooperation mechanisms provided for in Part III, in order to ensure conservation and to promote the optimal exploitation of these stocks throughout the region, both in the zones Within the national jurisdiction beyond that jurisdiction.
2. Conservation and management measures established for the high seas and those adopted for areas under national jurisdiction must be compatible in order to ensure the conservation and management of all fish stocks Straddling and highly migratory fish stocks. To this end, coastal states and states engaged in fishing on the high seas have an obligation to cooperate with a view to achieving compatible measures with regard to these stocks. To adopt compatible conservation and management measures, states:
(a) Taking into account the conservation and management measures adopted and applied, in accordance with Article 61 of the Convention, by the coastal States for the same Stocks in the areas within their national jurisdiction and ensure that the measures established on the high seas for these stocks do not adversely affect their effectiveness;
(b) Taking into account the measures previously agreed upon by mutual agreement and Applied for the high seas, in accordance with the Convention, by the coastal states concerned and the states engaged in fishing on the high seas with regard to the same stocks;
(c) Taking into account the previously agreed measures of a common Agreement and applied in accordance with the Convention, by a subregional or regional fisheries management organization or arrangement with respect to the same stocks;
(d) Taking into account the biological unit and the other Biological characteristics of stocks and the relationship between the distribution of stocks, the fisheries and the geographical features of the region concerned, including the quantitative importance of these stocks and their level of exploitation in Areas within the jurisdiction of the national jurisdiction;
e) Taking into account the extent to which coastal States and States engaged in fishing on the high seas are dependent on the stocks concerned; and
f) Ensure that these measures Have no adverse effects on all marine biological resources.
3. In order to fulfil the obligation to cooperate, States shall make every reasonable effort to reach an agreement within a reasonable period of time on compatible conservation and management
. If the States concerned cannot agree within a reasonable time, any of them may invoke the dispute settlement procedures set out in Part VIII.
5. Until an agreement is reached on compatible conservation and management measures, the States concerned, in a spirit of conciliation and cooperation, make every effort to agree on interim arrangements of a practical nature. If they cannot agree on such arrangements, any one of them may, with a view to obtaining provisional measures, submit the dispute to a court or tribunal, in accordance with the procedures for settling disputes under dispute In Part VIII.
6. The agreed interim arrangements or provisional measures prescribed in accordance with paragraph 5 shall be consistent with the provisions of this Part and shall take due account of the rights and obligations of all States concerned; They must not compromise or hinder the conclusion of a final agreement on compatible conservation and management measures and are without prejudice to the final outcome of the dispute settlement procedures that may have been initiated.
7. Coastal States shall inform regularly, either directly or through the relevant subregional or regional fisheries management organisations or arrangements or by other appropriate means, of the States engaged in fishing On the high seas in the region or sub-region of the measures they have adopted concerning straddling stocks and highly migratory fish stocks in areas within their national
. States engaged in fishing on the high seas shall regularly inform, either directly or through appropriate regional or regional fisheries management organisations or arrangements, or by other appropriate means, the Other interested States for measures adopted to regulate the activities of vessels flying their flag on the high seas.
PART III
Cooperation Mechanisms International Regarding Straddling Fish Stocks and Highly Migratory Fish Stocks
Article 8
Management Cooperation
and Management
1. Coastal States and States engaged in fishing on the high seas, acting in accordance with the Convention, shall cooperate with respect to straddling stocks and highly migratory fish stocks, either directly or by The intermediary of the relevant sub-regional or regional fisheries management organisations or arrangements, taking into account the specific characteristics of the region or sub-region in order to ensure effective conservation and management Of these stocks.
2. States shall consult in good faith and without delay, in particular where there is reason to believe that the stocks of straddling fish and the stocks of highly migratory fish concerned are threatened with over-exploitation or when a new Fishery for these stocks is managed. To this end, consultations may be initiated at the request of any State concerned with a view to establishing appropriate arrangements for the conservation and management of stocks. Pending such arrangements, States shall apply the provisions of this Agreement and act in good faith and taking due account of the rights, interests and obligations of other
. Where a sub-regional or regional fisheries management organization or arrangement has jurisdiction to establish conservation and management measures for certain straddling stocks or highly migratory fish stocks, States which exploit these stocks on the high seas and the coastal States concerned shall fulfil their obligation to cooperate by becoming members of the said organisation-or participating in that arrangement-or by agreeing to apply the measures of Conservation and management instituted by the organization or arrangement. States which have a real interest in the fisheries concerned may become members of the organisation or participants in the arrangement. The provisions governing admission to the organization or arrangement do not prevent these States from becoming members or participants; nor are they applied in a discriminatory manner against any State or group of States which have A real interest in the fisheries involved.
4. Only those States which are members of such an organisation or participants in such an arrangement, or who agree to apply the conservation and management measures instituted by the organisation or arrangement, have access to the fishery resources To which these measures apply.
5. In the absence of an organisation or arrangement for the management of regional or sub-regional fisheries which may establish measures for the conservation and management of a stock of straddling fish or of a stock of highly migratory fish determined, the States Interested coastal States and the States that exploit this stock on the high seas in the region or sub-region shall cooperate with a view to establishing such an organisation or to make other appropriate arrangements for the conservation and management of this stock And participate in the organization or arrangement.
6. Any State intending to propose that measures be taken by an intergovernmental organization competent in respect of biological resources shall, where such measures have a significant effect on measures of Conservation and management already established by a competent regional or regional fisheries management organisation or arrangement, consult the members of that organisation or the participants in the arrangement through the intermediary of Organization or arrangement. To the extent possible, these consultations must take place before the proposal is submitted to the intergovernmental organization.
Article 9
Fisheries Management Organizations and Arrangements
Subregional and regional
1. When establishing organizations or concluding subregional or regional fisheries management arrangements for straddling fish stocks and highly migratory fish stocks, states agree among other things that Follows:
(a) The stocks to which conservation and management measures apply, taking into account their biological characteristics and the nature of the fisheries in question;
(b) The area of application, taking into account paragraph 1 of the Article 7 and the characteristics of the sub-region or region, including socio-economic, geographical and ecological factors;
c) The links between the activities of the new organisation or the new arrangement and the role, objectives And the operations of appropriate fisheries management organizations or arrangements in place; and
d) The mechanisms by which the organization or arrangement will obtain scientific advice and review the status of stocks, including, if Creation of a scientific advisory body.
2. States which cooperate in the creation of an organisation or arrangement for the management of sub-regional or regional fisheries shall inform the other States of this cooperation that they know that they have a real interest in the activities of the organisation or Arrangement envisaged.
Article 10
Functions of organizations and management arrangements
of sub-regional and regional fisheries
To fulfil their obligation to cooperate in the framework Subregional or regional fisheries management organizations or arrangements, states:
a) Contain conservation and management measures and comply with them to ensure the long-term sustainability of straddling fish stocks And stocks of highly migratory fish;
(b) Agree, where appropriate, of participation rights, such as the allowable catch volume or level of fishing effort;
(c) Adopt and apply all international standards Generally recommended to conduct fishing operations in a responsible manner;
(d) Observe scientific information and assess and review stock status and assess the impact of fishing on non-target species And associated or dependent species;
e) Agree on standards for the collection, communication, verification and exchange of data on the exploitation of stocks;
f) Collect and disseminate accurate statistical data and Complete, as set out in Annex I, in order to provide the most reliable scientific data, while maintaining confidentiality where appropriate;
g) Encourage and conduct scientific assessments of stocks and activities Relevant research, and disseminate the results;
h) Establish appropriate cooperation mechanisms for compliance, monitoring, surveillance, and policing;
i) Agree on ways to Account for the fishing interests of new members of the organization or new participants in the arrangement;
j) Agree on decision-making procedures that facilitate the adoption of conservation and management measures in Timeliness and efficiency;
k) Encourage the peaceful resolution of disputes in accordance with Part VIII; and
(l) Ensure that their competent national organizations and industries cooperate fully with the implementation of the Recommendations and decisions of the organization or arrangement; and
m) Give appropriate publicity to the conservation and management measures instituted by the organization or arrangement.
Article 11
New members Or participants
When determining the nature and extent of the participation rights of new members of a sub-regional or regional fisheries management organization or new participants in a Management arrangements for sub-regional or regional fisheries, including:
a) The status of straddling fish stocks and highly migratory fish stocks and the level of fishing effort in the area Fishing;
b) The interests, fishing methods and fishing practices of new and former members or participants;
c) The respective contributions of new and former members or participants in conservation and Inventory management, accurate data collection and reporting, and scientific research on stocks;
d) The needs of coastal fishing communities that are highly dependent on fish stocks;
e) The needs of coastal states whose economies are heavily dependent on the exploitation of marine biological resources; and
f) The interests of the developing States in the subregion or region, when the stocks are also In areas within their national jurisdiction.
Article 12
Transparency of activities carried out by subregional and regional fisheries management organizations or arrangements
1. States shall ensure transparency in the decision-making and other activities of subregional and regional fisheries management organizations or
. Representatives of other intergovernmental organizations and non-governmental organizations concerned with straddling fish stocks and highly migratory fish stocks shall have the opportunity to participate in meetings Sub-regional and regional fisheries management organisations and arrangements as observers or in a different quality, as appropriate, in accordance with the procedures of the organisation or arrangement concerned. These procedures should not be too restrictive in this respect. Such intergovernmental and non-governmental organizations shall have timely access to the files and reports of such organizations and arrangements, subject to the rules of procedure governing access to such records and reports.
Article 13
Strengthening existing organizations and arrangements
States cooperate to strengthen existing subregional and regional fisheries management organizations and arrangements To improve its effectiveness in the adoption and implementation of conservation and management measures for straddling fish stocks and highly migratory fish stocks.
Article 14
Collection and
scientific research information and cooperation
1. States shall ensure that fishing vessels flying their flag provide them with information that may be required to fulfil their obligations under this Agreement. To this end, States, in accordance with Annex I:
(a) Collect and exchange scientific, technical and statistical data on the exploitation of straddling fish stocks and highly migratory fish stocks;
(b) Ensure that the data collected is sufficiently detailed to facilitate accurate stock assessment and is provided in a timely manner to meet the needs of fisheries management organizations or arrangements Sub-regional or regional; and
c) Take steps to verify the accuracy of this data.
2. States shall cooperate either directly or through sub-regional or regional fisheries management organisations or arrangements, with a view to:
a) Agree on the type of data to be provided and the form in which they are to be provided Be submitted to such organizations or arrangements, taking into account the nature of the stocks and their operation; and
(b) jointly develop and use analytical techniques and stock assessment methods for Improve conservation and management measures for straddling fish stocks and highly migratory fish stocks.
3. Pursuant to Part XIII of the Convention, States shall cooperate, either directly or through the competent international organizations, to strengthen the means of scientific research in the field of fisheries and encourage 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 carrying out such research beyond the areas of national jurisdiction shall endeavour to facilitate the publication and communication to all interested States of the results of Such research, as well as information on its objectives and methods and, as far as possible, facilitates the participation of scientists of those States in the research in question.
Article 15
Closed Mers and Semi-closed
When applying this Agreement in a closed or semi-enclosed sea, States shall take into account the natural characteristics of the said sea and shall act in a manner consistent with Part IX of the Convention and other relevant provisions of the Convention.
Article 16
Areas of the high seas completely surrounded by a
area within the national jurisdiction of a single state
1. States that exploit straddling fish stocks and highly migratory fish stocks in an area of the high seas completely surrounded by an area under the national jurisdiction of a single State and the latter State shall cooperate To establish conservation and management measures for these stocks on the high seas. In view of the natural characteristics of the sector concerned, States attach particular importance to the establishment, pursuant to Article 7, of compatible conservation and management measures with regard to these stocks. The measures taken with regard to the high seas take into account the rights, obligations and interests of the coastal State under the Convention; they are based on the most reliable scientific data available and take into account the Any conservation and management measures adopted and applied by the coastal State in respect of the same stocks, in the area under its national jurisdiction, in accordance with Article 61 of the Convention. States also agree on compliance, control, monitoring and police measures to ensure compliance with conservation and management measures for the high
. In accordance with Article 8, States shall act in good faith and shall make every effort to agree without delay the conservation and management measures to be applied in connection with fishing operations in the sector referred to in paragraph 1. If the States which engage in the fishing concerned and the coastal State fail to agree on such measures within a reasonable period of time, they shall apply, having regard to paragraph 1, paragraphs 4, 5 and 6 of Article 7 devoted to Interim arrangements or protective measures. Pending the adoption of such interim arrangements or protective measures, the States concerned shall, with regard to vessels flying their flags, take measures to ensure that they do not engage in fishing for Nature to affect the stocks concerned.
PART IV
Non-Member States and Non-participating States
Article 17
Non-member states of
and non-participating States organizations
1. A State which is not a member of an organisation or a participant in a subregional or regional fisheries management arrangement, and which does not otherwise agree to apply the conservation and management measures instituted by that organisation Or that arrangement, is not relieved of the obligation to cooperate, in accordance with the Convention and this Agreement, in the conservation and management of straddling fish stocks and the stocks of highly migratory fish concerned.
2. Such a State shall not allow vessels flying its flag to engage in the fishing of straddling fish stocks or highly migratory fish stocks subject to the conservation and management measures instituted by that organisation or Arrangement.
3. States which are members of an organisation or participants in a sub-regional or regional fisheries management arrangement shall request, separately or jointly, the fishing entities referred to in Article 1, paragraph 3, which have ships of Fishing in the area concerned to cooperate fully with that organisation or arrangement for the purposes of the application of the conservation and management measures they have instituted, so that these measures are applied de facto also As far as possible to fishing activities in the area concerned. These entities derive from their participation in fishing the benefits commensurate with their commitment to respect conservation and management measures for the stocks in question.
4. States which are members of such an organisation or participants in such an arrangement shall exchange information on the activities of fishing vessels flying the flag of States which are not members of the organisation or participants in The arrangement and that engage in the fishing of the stocks concerned. They shall take measures, in accordance with this Agreement and international law, to deter such vessels from engaging in activities that compromise the effectiveness of subregional or regional conservation and management measures.
PART V
Flag State Obligations
Article 18
Flag State Obligations
1. States whose vessels are fishing on the high seas shall take the necessary measures to ensure that vessels flying their flag comply with sub-regional and regional conservation and management measures and that they do not carry out any activities which Compromises efficiency.
2. States shall permit the operation of vessels flying their flag to fish on the high seas only when they are able to effectively fulfil their responsibilities under the Convention and this Agreement in These ships.
3. In particular, States shall, with regard to vessels flying their flag, take the following measures:
a) Control of these vessels on the high seas, by means of licences, authorisations and fishing licences in accordance with the procedures which may have been Adopted at sub-regional, regional or global levels;
b) Adoption of regulations to the effect:
(i) to include licenses, authorizations or permits of terms and conditions to enable them to fulfil all obligations Have subscribed to sub-regional, regional or global plans;
ii) to prohibit these vessels from fishing on the high seas if they do not have a proper licence or authorization, or to fish on the high seas in different ways Those stipulated in the licences, authorizations or permits;
(iii) require vessels fishing on the high seas to carry on board their licence, permit or permit, and submit this document for inspection at the request of all Duly authorised person; and
(iv) ensure that these vessels do not fish without permission in areas within the national jurisdiction of other States;
(c) Maintenance of a national register of fishing vessels Authorised to fish on the high seas and adoption of the provisions necessary for the States directly concerned to request access to the information contained in that register, taking into account all domestic laws of the flag State Relating to the disclosure of such information;
(d) Regulation of the marking of vessels and fishing gear for identification purposes, in accordance with uniform and internationally recognized systems, such as specifications Types of the Food and Agriculture Organisation of the United Nations for the marking and identification of fishing vessels;
(e) Establishment of rules for the maintenance and timely communication of registers indicating the Position of vessels, catches of target and non-target species, fishing effort and other relevant fisheries data, in accordance with the subregional, regional and global standards governing the collection of such data;
(f) Establishment of rules for the verification of catch records of covered and non-target species: observation and inspection programmes, unloading reports, supervision of transhipments, control of catches Deplaning and tracking market statistics;
g) Observation, control and monitoring of these vessels, their fishing activities and related activities, including:
i) the implementation of national inspection mechanisms and Sub-regional and regional police cooperation mechanisms in accordance with Articles 21 and 22, including the requirement for such vessels to allow access to their vessels with duly authorised inspectors from other States;
ii) The implementation of national observation programmes and subregional and regional observation programmes in which the flag State participates, including the requirement for these vessels to allow access to their observers' edge Other States to enable them to carry out the functions defined in the programmes; and
(iii) the development and implementation of systems desurveillance systems, including, where appropriate, appropriate communication systems by Satellite, in accordance with all national programmes and programmes that have been agreed at sub-regional, regional or global level between the States concerned;
h) Regulation of transhipments on the high seas to ensure that The effectiveness of conservation and management measures is not compromised; and
i) Regulation of fishing activities to ensure compliance with sub-regional, regional or global measures, including those to reduce Minimum catch of non-target species.
4. Where a control and monitoring system agreed to in sub-regional, regional or global plans is in force, States shall ensure that the measures they impose on vessels flying their flag are compatible with the system.
PART VI
Compliance with
Enforcement and Repression of Offences
Articles 19
Compliance with
and flag State police powers
1. Each State shall ensure that vessels flying its flag comply with subregional and regional measures for the conservation and management of straddling fish stocks and highly migratory fish stocks. To this end, it:
(a) Enforces these measures, regardless of the place of the offence;
(b) Immediately, when an infringement of the subregional or regional conservation and management measures is alleged, a thorough investigation, Which may include the physical inspection of the vessels concerned, and report without delay on the conduct and results of that investigation to the State which has alleged the offence and to the sub-regional or regional organisation or arrangement Competent;
(c) Requires any vessel flying its flag to notify the investigating authorities of its position, catches, fishing gear, fishing operations and related activities in the Area of the alleged offence;
(d) If it is satisfied that there is sufficient evidence of the alleged offence, the competent authorities shall be seized with a view to initiating legal proceedings without delay in accordance with its domestic law and, if Place the ship in question; and
e) Ensure that any vessel established in accordance with its domestic law that it has committed a serious infringement is no longer engaged in fishing operations on the high seas until such time as All sanctions imposed by the flag state for this offence have been enforced.
2. All investigations and judicial proceedings are carried out as soon as possible. The penalties for infringements must be sufficiently rigorous to ensure compliance with conservation and management measures and to deter infringements in any place, and they must deprive the authors of the Violations of profits resulting from their illegal activities. The measures applicable to masters and other officers of fishing vessels shall include provisions which may authorize, inter alia, the refusal, withdrawal or suspension of the authorisation to perform the duties of master or officer on board
Article 20
International Police Cooperation
1. States shall cooperate, either directly or through subregional or regional fisheries management organizations or arrangements, to ensure compliance with and implementation of subregional and regional measures of Conservation and management of straddling stocks and highly migratory fish stocks.
2. The flag State investigating an alleged infringement of measures for the conservation and management of straddling stocks or stocks of highly migratory fish may seek the assistance of any other State whose cooperation Could be useful in the conduct of the investigation. All States shall endeavour to access reasonable requests made by the flag State in such investigations.
3. Surveys may be carried out by the flag State directly, in cooperation with the other States concerned, or through the sub-regional or regional fisheries management organisation or arrangement. Information on the conduct and results of investigations is provided to all states concerned or affected by the alleged offence.
4. States shall assist each other in identifying vessels that have engaged in activities that compromise the effectiveness of subregional, regional or global conservation and management measures.
5. States, to the extent that their domestic laws and regulations authorise them, shall establish arrangements for the communication to the prosecuting authorities in other States of the evidence relating to alleged infringements of the said Measures.
6. Where there are serious reasons to believe that a ship on the high seas has engaged in fishing without authorization in an area under the jurisdiction of a coastal State, the flag State shall proceed immediately, at the request of the coastal State Interested in a thorough investigation. The flag State shall cooperate with the coastal State in order to take appropriate enforcement measures in this case, and may enable the competent authorities of the flag State to board and inspect the ship on the high seas. This paragraph is without prejudice to Article 111 of the
. States Parties which are members of an organization or participants in a subregional or regional fisheries management arrangement may take measures in accordance with international law, including through the procedures established at This purpose at the sub-regional or regional level, to deter vessels engaged in activities which undermine the effectiveness of the conservation and management measures instituted by that organization or arrangement or constitute In any other way an infringement of these measures for fishing on the high seas in the subregion or region until the flag State has taken the appropriate measures.
Article 21
Cooperation Regional and Regional Policing
1. In any area of the high seas covered by an organisation or arrangement for the management of sub-regional or regional fisheries, any State Party that is a member of that organization or participant in that arrangement may, through its Inspectors duly authorised, to reason and inspect, in accordance with paragraph 2, fishing vessels flying the flag of another State Party to this Agreement, whether or not that State Party is also a member of the organisation or participating in The arrangement, to ensure compliance with the conservation and management measures for straddling fish stocks and highly migratory fish stocks established by the said organization or arrangement.
2. States shall establish, through subregional or regional fisheries management organizations or arrangements, procedures for boarding and inspection in accordance with paragraph 1, as well as procedures for The application of the other provisions of this Article. These procedures shall be in accordance with this Article and the basic procedures laid down in Article 22 and shall not discriminate against States which are not members of the organization or participants in the arrangement concerned. The boarding and inspection shall be carried out and any coercive measures subsequently taken in accordance with those procedures. States shall give due publicity to the procedures established in accordance with this
. If, within two years of the adoption of this Agreement, an organization or arrangement has not established such procedures, it shall be carried out, pending their establishment, to the boarding and inspection pursuant to paragraph 1, thus Any coercive measures subsequently taken in accordance with this Article and the basic procedures laid down in Article
. Before taking measures in accordance with this Article, the State carrying out the inspection, either directly or through the sub-regional or regional fisheries management organisation or arrangement, shall inform all States Whose vessels are engaged in fishing on the high seas in the subregion or region of the nature of the identification carried by its duly authorized inspectors. Ships used for boarding and inspection shall bear external marks clearly indicating that they are assigned to a public service. At the time of becoming party to this Agreement, any State shall designate a competent authority to receive notifications in accordance with this Article and shall give the appropriate publicity to that designation through the organization or Appropriate sub-regional or regional fisheries management arrangement.
5. If, after boarding and inspection, there are serious reasons to believe that a ship has engaged in an activity contrary to the conservation and management measures referred to in paragraph 1, the State which carried out the inspection shall assemble, if necessary, Evidence, and promptly informs the flag state of the alleged offence.
6. The flag State shall respond to the notification referred to in paragraph 5 within three working days of its receipt or in any other time prescribed by the procedures established in accordance with paragraph 2, and shall:
(a) Execute without The obligation under Article 19 to conduct an investigation and, if the evidence justifies it, take enforcement action against the vessel, in which case it shall promptly inform the State which has carried out the inspection of the The results of the investigation and, where applicable, any enforcement action taken; or
(b) Authorizing the inspecting State to conduct an investigation.
7. Where the flag State authorships the inspecting State to investigate an alleged infringement, the latter shall promptly inform the State of the results of the investigation. If the evidence so warrants, the flag State shall fulfil its obligation to take enforcement action against the vessel. Failing this, the flag State may authorise the State which carried out the inspection to take the coercive measures stipulated by the flag State against the vessel in accordance with the flag State's rights and obligations under this Agreement.
8. If, after boarding and inspection, there are serious grounds for believing that a ship has committed a serious offence, and the flag State has not replied or has failed to take the measures prescribed in paragraphs 6 and 7, the inspectors may remain at Ship and gather evidence and require the master to cooperate in further investigation, including, where appropriate, driving the ship without delay to the nearest appropriate port, or any other port that may have been Specified in the procedures established in accordance with paragraph 2. The inspecting State shall immediately inform the flag State of the name of the port where the vessel is to be conducted. The State having carried out the inspection and the flag State and, where appropriate, the State of the port shall take all necessary measures to ensure the well-being of the crew members, irrespective of their
. The inspecting State shall inform the flag State and the competent organisation or participants of the results of any further investigation.
10. The inspecting State shall require its inspectors to comply with generally accepted international rules, procedures and practices with regard to the safety of the ship and the crew, as far as possible Fishing operations and, as far as possible, refrain from any measures which may jeopardise the quality of the catches on board. The inspecting State shall ensure that the boarding and inspection are not conducted in a manner that would constitute harassment for the fishing vessel.
11. For the purposes of this Article, a serious offence means:
(a) Fishing without a licence, authorization or valid permit issued by the flag State in accordance with paragraph 3, letter a, of Article 18;
(b) refrain from recording Accurately the data on catches and related data, as required by the relevant regional or regional fisheries management organisation or arrangement, or to make a grossly inaccurate statement on catches, in disregard of the Rules laid down by the said organisation or arrangement with regard to the reporting of catches;
(c) To engage in fishing in a closed sector, to fish outside opening times, to fish without quotas fixed by the organisation or The management arrangement of the relevant sub-regional or regional fisheries or after having reached such a quota;
d) Operate a stock that is subject to a moratorium or whose fishing is prohibited;
e) Use prohibited fishing gear ;
(f) To falsify or conceal the markings, name or registration of a fishing vessel;
(g) To conceal, alter and remove evidence relevant to an investigation;
(h) To commit offences Multiple which together constitute a serious misunderstanding of conservation and management measures; or
i) To commit any other offences that may be specified in the procedures established by the organization or arrangement of Management of relevant sub-regional or regional fisheries.
12. Notwithstanding the other provisions of this Article, the flag State may, at any time, take measures to fulfil its obligations under Article 19 in the face of an alleged infringement. If the ship is under its control, the State which carried out the inspection shall provide it to the flag State, at the request of the flag State, to inform it fully of the conduct and result of the
. This Article shall be without prejudice to the right of the flag State to take all measures, including the prosecution of penalties, in accordance with its domestic law.
14. This Article shall apply mutatis mutandis to the boarding and inspection carried out by a State Party which is a member of an organisation or participating in a subregional or regional fisheries management arrangement and which has serious Reason to believe that a fishing vessel flying the flag of another State Party has engaged in an activity contrary to the conservation and management measures referred to in paragraph 1 in the high seas area covered by that organisation or That arrangement and that, during the same fishing expedition, the said vessel subsequently entered an area under the national jurisdiction of the inspecting State.
15. Where an organization or arrangement for the management of the sub-regional or regional fisheries has established a mechanism that effectively discharges the obligation, the responsibility of its members or participants under this Agreement, to ensure compliance with Retention and management measures instituted by the organization or arrangement, the members of the organization or the participants in the arrangement may agree to limit the application of paragraph 1 in respect of measures to themselves Of conservation and management that have been established in the relevant high seas area.
16. Measures taken by States other than the flag State against vessels engaged in activities contrary to the conservation and subregional or regional management measures shall be proportional to the gravity of the The offense.
17. Where there are serious grounds for suspecting that a fishing vessel on the high seas is stateless, any State may board and inspect the vessel. If the evidence so warrants, the State may take appropriate measures in accordance with international
. States shall be liable for any loss or damage attributable to them as a result of a measure taken under this Article, where the measure is unlawful or goes beyond what is reasonably necessary, having regard to the information Available, to apply the provisions of this Article.
Article 22
Basic procedures applicable to
boarding and inspection in accordance with Article 21
1. The inspecting State shall ensure that its duly authorized inspectors:
a) Present their titles to the master of the ship and produce the text of the relevant conservation and management measures or the rules and regulations applied In the area of the high seas in question to give effect to the measures;
(b) Aaim the flag State at the time of boarding and inspection;
(c) Do not prevent the ship's captain from communicating with the authorities of Flag State during boarding and inspection;
(d) Provide the captain and the authorities of the flag State with a copy of the report on boarding and inspection, in which any objections or declarations have been inserted. Captain wishes to see documented;
e) Ship promptly after completion of inspection if there is no evidence of serious offence; and
f) Use force except where, and to the extent that Is necessary to ensure their safety and when they are prevented from performing their duties. The degree of force used shall not exceed what is reasonably required in the circumstances.
2. Duly authorised inspectors of a State carrying out an inspection shall have the power to inspect the ship, its licence, its machinery, equipment, registers, installations, fish and fish products as well as any relevant documents necessary for the inspection. Verify compliance with the conservation and management measures involved.
3. The flag State shall ensure that the captains of ships:
(a) Leave the inspectors on board and facilitate their embarkation so that it is carried out rapidly and in safety conditions;
(b) Cooperate with the inspection of the Ships carried out in accordance with these procedures and assist in this purpose;
(c) Do not prevent inspectors from carrying out their duties, do not seek to intimidate them and do not interfere with their duties ;
d) Allow the inspectors to communicate with the authorities of the flag State and the inspecting State during boarding and inspection;
e) Provide inspectors with reasonable facilities, including the case Shelter and cover; and
f) Facilitate the landing of inspectors under security conditions.
4. If the master of a ship refuses to accept boarding and inspection in accordance with this Article and Article 21, the flag State, except in cases where, in accordance with international regulations, procedures and practices Generally accepted for safety at sea, it is necessary to defer the boarding and inspection, order the master of the ship to submit immediately to the boarding and inspection and, if it does not comply, suspends The fishing authorization issued to the vessel, to which it is ordered to return immediately to the port. The flag State shall inform the State which has carried out the inspection of the measure it has taken when the circumstances referred to in this paragraph occur.
Article 23
Measures to be taken by the port State
1. The State of the port has the right and the obligation to take measures, in accordance with international law, to ensure the effectiveness of subregional, regional and global conservation and management measures. In taking such measures, the port State shall not discriminate in any form or act against the ships of any State.
2. The port State may, in particular, control documents, fishing gear and catches on board fishing vessels when they are voluntarily in its ports or terminal facilities offshore.
3. States may adopt regulations enabling the competent national authorities to prohibit landings and transhipments where it is established that the catch has been carried out in a manner that compromises the effectiveness of the measures Regional, subregional or global conservation and management on the high seas.
4. Nothing in this Article shall affect the exercise by States of their sovereignty over the ports of their territory in accordance with international law.
Part VII
Development
Article 24
Recognition of special needs
of developing states
1. States fully recognize the special needs of developing States for the conservation and management of straddling fish stocks and highly migratory fish stocks and the development of fisheries for these stocks. To this end, they provide assistance to developing States, either directly or through the United Nations Development Programme, the Food and Agriculture Organisation and others Specialized agencies, the Global Environment Facility, the Commission on Sustainable Development and other relevant international and regional bodies or
. States shall take into account the special needs of States when implementing their obligation to cooperate in the implementation of measures for the conservation and management of straddling fish stocks and highly migratory fish stocks. Development, including:
(a) The vulnerability of developing States that are dependent on the exploitation of living marine resources, in particular to meet the food needs of their population or parts of their population ;
b) The need to avoid harm to subsistence fishing and small commercial fisheries in developing states, and to ensure access to these types of fishing to women, small-scale fishers and Aboriginal populations, by In particular in small island developing States; and
(c) The need to ensure that these measures do not result in the direct or indirect support of developing States The conservation effort.
Articles 25
Forms of Cooperation with Developing States
1. States shall cooperate either directly or through subregional, regional or global organizations in order to:
(a) To make developing States, in particular the least developed of them and small island States, Development, better able to conserve and manage straddling fish stocks and highly migratory fish stocks, and enhance their own national fisheries with respect to these stocks;
b) Assisting States in Development, in particular the least developed of them and small island developing States, to participate in the high seas exploitation of these stocks, including by facilitating access to those fisheries, subject to the Articles 5 and 11; and
(c) To facilitate the participation of developing States in subregional and regional fisheries management organizations and
. Cooperation with developing States for the purposes set out in this Article may, in particular, take the form of financial assistance, assistance in the development of human resources, technical assistance, transfer of Techniques, including through joint ventures, and advisory services.
3. This assistance will be specifically focused, inter alia, on the following areas:
a) Improving the conservation and management of straddling fish stocks and highly migratory fish stocks through collection, publication, Verification, exchange and analysis of data and information on fisheries and related information;
b) Stock assessment and scientific research; and
c) Observation, control, monitoring, compliance and enforcement Offences, including training and capacity-building at the local level, the development and funding of national and regional compliance programs, and access to technologies and materials.
Article 26
Special assistance for the purposes of this Agreement
1. States shall cooperate with a view to establishing special contribution funds to assist developing States in the implementation of this Agreement and, in particular, to assist them to bear the cost of dispute settlement procedures to which They can be Parties.
2. States and international organizations should assist developing States in the creation of new organizations or arrangements for the management of subregional or regional fisheries for the conservation and management of Straddling Fish Stocks and Highly Migratory Fish Stocks, or to strengthen existing stocks.
PART VIII
Peaceful Settlement of Disputes
Article 27
Obligation to resolve disputes by Peaceful means
States have an obligation to settle disputes through negotiation, investigation, mediation, conciliation, arbitration, judicial settlement, recourse to organizations or agreements Or by other peaceful means of their choice.
Article 28
Dispute Avoidance
States cooperate in the prevention of disputes. To this end, they shall agree on effective and rapid decision-making procedures in subregional and regional fisheries management organizations and arrangements and shall strengthen, where appropriate, procedures Existing.
Article 29
Technical question disputes
In the event of a dispute involving a technical issue, the States concerned may refer to an ad hoc expert group set up by them. The Group of Experts shall consult with the States concerned and shall endeavour to resolve the dispute promptly without the use of mandatory dispute settlement procedures.
Article 30
Procedures for the settlement of disputes Disputes
1. The dispute settlement provisions of Part XV of the Convention shall apply mutatis mutandis to any dispute between States Parties to this Agreement concerning the interpretation or application of this Agreement, States Parties to the Convention.
2. The dispute settlement provisions of Part XV of the Convention shall apply mutatis mutandis to any dispute between States Parties to this Agreement concerning the interpretation or application of the agreements Sub-regional, regional or global fisheries management of straddling fish stocks or highly migratory fish stocks to which they are Parties, including any dispute concerning the conservation and management of such stocks, States Parties to the Convention.
3. Any procedure accepted by a State Party to this Agreement and to the Convention in accordance with Article 287 of the Convention shall apply to the settlement of disputes under this Part, unless it signs or ratifies this Agreement Or at any time thereafter, the State Party concerned shall accept another procedure in accordance with Article 287 for the resolution of disputes under this Part.
4. When signing, ratifying or acceding to this Agreement, or at any time thereafter, any State Party to this Agreement which is not a Party to the Convention shall be free to choose, by written declaration, one or more of the means Article 287 (1) of the Convention for the Settlement of Disputes under this Part. Article 287 shall apply to that declaration and to any dispute to which the said State is a party and which is not subject to a declaration in force. For the purposes of conciliation and arbitration in accordance with Annexes V, VII and VIII of the Convention, the said State shall have the right to appoint conciliators, arbitrators and experts for entry on the list referred to in Article 2 of Annex V to the Article 2 of Annex VII and Article 2 of Annex VIII for the settlement of disputes under this Part.
5. The court or court seised of a dispute under this Part shall apply the relevant provisions of the Convention, this Agreement and any subregional, regional or global fisheries management agreement, as well as Generally accepted standards for the conservation and management of marine biological resources and other rules of international law which are not incompatible with the Convention, with a view to ensuring the conservation of stocks of Straddling fish and highly migratory fish stocks concerned.
Article 31
Conservatory Measures
1. Pending the settlement of a dispute in accordance with this Part, the parties to the dispute shall make every effort to conclude practical interim arrangements.
2. Without prejudice to Article 290 of the Convention, the court or court seised of the dispute under this Part may prescribe any provisional measures which it considers appropriate in the circumstances in order to preserve the respective rights of the Parties in dispute or prevent damage to the stocks in question, and in the cases referred to in Articles 7 (5) and 16 (2).
3. Any 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 does not have the right to prescribe, amend or report any Conservatory measures without agreement.
Article 32
Limitations on the application of
dispute resolution procedures
Article 297 (3) of the Convention also applies to the
Part IX
States not Party to this Agreement
Article 33
States not Parties to this Agreement
1. States Parties shall encourage States which are not Parties to this Agreement to become a Party to this Agreement and to adopt laws and regulations in accordance with its
. States Parties shall, in accordance with this Agreement and in international law, take measures to deter vessels flying the flag of States Parties from engaging in activities that compromise the effective implementation of the present Agreement.
Part X
Good faith and abuse of right
Article 34
Good faith and abuse of law
States Parties must fulfil in good faith the obligations they have assumed under the present Agreement and exercise the rights recognized in this Agreement in a manner that is not an abuse of law.
Part XI
Responsibility
Article 35
Responsibility
States Parties are Responsible in accordance with international law for loss or damage to them under this Agreement.
Part XII
Review Conference
Article 36
Review 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 to evaluate the effectiveness of this Agreement in ensuring the conservation and management of the Straddling fish and highly migratory fish stocks. The Secretary-General shall invite to the Conference all States Parties and States and entities that have the right to become parties to this Agreement as well as intergovernmental organizations and non-governmental organizations that have the right to become parties to this Agreement. Right to participate as an observer.
2. The Conference will review and assess the extent to which the provisions of this Agreement are well adapted and will propose, where appropriate, ways of strengthening the content and methods of implementation in order to better address the problems that May continue to affect 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 other entities referred to in Article 1 (2) (b) and shall remain open for signature at the headquarters of the United Nations for 12 months at On 4 December 1995.
Article 38
Ratification
This Agreement shall be subject to ratification by the States and other entities referred to in Article 1 (2) b. 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 Other entities referred to in Article 1 (2) b. 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
. For each State or entity ratifying or acceding to the Agreement after the deposit of the thirtieth instrument of ratification or accession, the Agreement shall enter into force on the thirtieth day following the date of deposit of the instrument of ratification or accession.
Item 41
Provisional Application
1. This Agreement shall be applied provisionally by any State or entity which consents to its provisional application by sending to the depositary a written notification to that effect. This provisional application takes effect from the date of receipt of the notification.
2. The provisional application by a State or an entity shall terminate on the date of entry into force of this Agreement in respect of that State or entity or where that State or entity shall notify the depositary in writing of its intention to terminate Provisional application.
Article 42
Reservations and Exceptions
This Agreement does not accept reservations or exceptions.
Article 43
Declarations
Article 42 does not prohibit a State or an entity, at the time that the said State or entity signs or ratifies this Agreement, or accedes to it, to make declarations, whatever the wording or name thereof, in particular in view To harmonize its laws and regulations with this Agreement, provided that such declarations are not intended to exclude or 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 in no way affect the rights and obligations of States Parties arising from other agreements compatible with it, and which do not affect the enjoyment by other States Parties of their rights under this Agreement Or the performance of their obligations arising from it.
2. Two or more States Parties may conclude agreements which modify or suspend the application of the provisions of this Agreement and which apply only to their mutual relations, provided that such agreements do not relate to Provision of this Agreement, the non-compliance of which would be inconsistent with the realization of its object and purpose, and provided that such agreements do not affect the application of the fundamental principles set out in this Agreement and To the enjoyment by other States Parties of their rights under this Agreement or the fulfilment of their obligations under this Agreement.
3. States Parties proposing to conclude an agreement referred to in paragraph 2 shall notify the other States Parties, through the depositary of the agreement, of their intention to conclude the agreement and the amendments or suspension of the application Provisions of this Agreement that it provides.
Article 45
Amendment
1. Any State Party may propose, by written communication addressed to the Secretary-General of the United Nations, amendments to this Agreement and request the convening of a conference to consider them. The Secretary-General shall transmit this communication to all States Parties. It shall convene the Conference if, within six months after the date of the transmission of the communication, at least half of the States Parties shall respond favourably to that
. Unless it decides otherwise, the amendment conference convened pursuant to paragraph 1 shall apply the decision-making procedure followed by the United Nations Conference on the Fish Stocks Both within and beyond exclusive economic zones (straddling stocks) and highly migratory fish stocks. It should make every effort to reach agreement on the amendments by consensus and there should be no vote on these amendments until all efforts to reach a consensus have been exhausted.
3. Amendments to this Agreement, once adopted, shall be open for signature by the States Parties at the headquarters of the United Nations in New York for a period of twelve months from the date of their adoption, unless those amendments Otherwise available.
4. Articles 38, 39, 47 and 50 shall apply to all amendments to this
. For States Parties which have ratified or acceded to them, the amendments to this Agreement shall enter into force on the thirtieth day following the date of deposit of the instruments of ratification or accession of two-thirds of the States Parties. Thereafter, for each State Party which has ratified or acceded to an amendment after the date of the deposit of the required number of instruments, this amendment shall enter into force on the thirtieth day following the date of deposit by the State Party of its instrument of Ratification or accession.
6. An amendment may provide that its entry into force requires fewer or more ratifications or accessions than that required by this Article.
7. Any State which becomes a Party to this Agreement after the entry into force of amendments in accordance with paragraph 5 is, in the absence of a different intention, considered to be:
(a) Party to this Agreement as amended; And
(b) Party to the agreement not amended in the light of any State Party not bound by those amendments.
Article 46
Denunciation
1. A State Party may denounce this Agreement, by written notification addressed to the Secretary-General of the United Nations, and indicate the grounds for the denunciation. The fact that there are no grounds does not affect the validity of the denunciation. It takes effect one year after the date of receipt of the notification, unless it provides for a later date.
2. Denunciation shall in no way affect the duty of any State Party to fulfil any obligation set forth in this Agreement to which it would be subject under international law independently of it.
Article 47
Participation of international organizations
1. Where an international organization referred to in Article 1 of Annex IX to the Convention does not have jurisdiction over all matters governed by this Agreement, Annex IX to the Convention shall apply mutatis mutandis to the participation of that Convention. International organization of this Agreement, except that the following provisions of the said Annex do not apply:
a) Article 2, first sentence; and
b) Article 3, paragraph 1.
2. Where an international organization referred to in Article 1 of Annex IX to the Convention has jurisdiction over all matters governed by this Agreement, the following provisions shall apply to the participation of that organization
a) At the time of signature or accession, the said international organization shall make a declaration to the effect of indicating:
i) that it has jurisdiction over all matters governed by this Agreement ;
(ii) that, as a result, its member states will not become States Parties, except in respect of the territories of those States for which it has no responsibility; and
(iii) it accepts the rights and obligations that the This Agreement imposes on States;
(b) The participation of the international organization shall in no way confer any rights to the member States of that organization under this Agreement;
(c) In the event of a conflict between Obligations of an international organization under this Agreement and its obligations under the agreement establishing that organization or any related act, the obligations under this Agreement shall prevail.
Article 48
Appendices
1. The Annexes shall form an integral part of this Agreement and, unless expressly provided otherwise, a reference to this Agreement shall also refer to its Annexes, and a reference to part of this Agreement shall also refer to the annexes thereto Report.
2. Annexes may be revised from time to time by the States Parties. These revisions are 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 the States Parties, it shall be incorporated into this Agreement and shall take effect from the date of its adoption or the date on which it is adopted. Specified. 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
English, Arabic, Chinese, Spanish, French and Russian of this Agreement are equally authentic.
In witness whereof, the undersigned plenipotentiaries, duly authorized to that effect, have signed this Agreement.
Open for signature in New York on December 4, 1995, in a Unique in Arabic, Chinese, English, French, Russian and Spanish.
A N N E X E I
STANDARDS REQUIRED FOR
COLLECTION AND DATA SET
Article 1
General Principles
1. Timely collection, compilation and analysis of data is essential to the effective conservation and management of straddling fish stocks and highly migratory fish stocks. To this end, data from the fisheries of these stocks on the high seas and in areas of national jurisdiction are necessary, and they should be collected and compiled in such a way that it is possible to Useful statistical analysis for the conservation and management of fisheries resources. This data includes catch and effort statistics and other fisheries-related information, such as vessel data and other data relevant to the standardisation of fishing effort. The data collected should also include information on non-target species and associated or dependent species. All data should be verified to ensure accuracy. The confidentiality of non-aggregated data is preserved. The distribution of these data is subject to the same conditions as those in which they were communicated.
2. Assistance in training and financial and technical assistance is provided to developing States in order to develop the capacity of these states in the field of conservation and management of biological resources Marine. Assistance should focus on capacity-building for the implementation of data collection and verification programmes and monitoring programmes, as well as data analysis and research projects for the purposes of Stock assessment.
The broadest possible participation of scientists and managers in the conservation and management of straddling fish stocks and highly migratory fish stocks from developing states Should be encouraged.
Article 2
Principles to govern collection,
compilation and exchange of data
The following general principles should be taken into account when stopping Parameters for the collection, compilation and exchange of data from fishing stocks of straddling fish stocks and highly migratory fish stocks:
a) States should ensure that Vessels flying the flag of the data on fishing activities, corresponding to the operational characteristics of each fishing method (for example, each line for the trawl fishery, each anchorage for longline fishing, and Purse seine, each bench operated for cane fishing and each day of fishing for trolling), and that they are sufficiently detailed to facilitate accurate stock assessment;
(b) States should ensure An appropriate system is applied to verify the accuracy of fisheries data;
(c) States should gather information on fisheries and other relevant scientific data and present them In an agreed and timely manner to the relevant subregional or regional fisheries management organization or arrangement if one exists. In the absence of such an arrangement or arrangement, States should cooperate to exchange data-either directly or through the other cooperation mechanisms they may have agreed;
(d) States Should agree, within the framework of subregional or regional fisheries management organizations or arrangements, or in accordance with other modalities, of the type of data to be provided and the form in which they are to be submitted, In accordance with this Annex and taking into account the nature of the stocks and the modes of exploitation of the stocks in the region. Such organizations or arrangements should request States or non-member or non-participating States to provide data on the relevant fishing activities of vessels flying their flag;
e) Such organizations or arrangements Gather the data they provide in due time and in the form agreed to by all interested States, in accordance with the modalities or conditions they have adopted;
(f) The scientists of the flag State and the organisation or The appropriate sub-regional fisheries management arrangement should analyse the data separately or jointly, as appropriate.
Article 3
Basic fisheries data
1. States shall bring together and make available to the relevant sub-regional fisheries management organisation or arrangement the following types of data, in sufficient detail to facilitate a precise assessment of the stocks, according to the Agreed procedures:
a) Time series for catches and fishing effort by fishery and fleet;
b) Quantities fished, in number or by nominal weight, or both, by species (target and non-target species) under What is appropriate for each fishery (the United Nations Food and Agriculture Organisation defines the nominal weight as the equivalent in live weight of landings.) ;
c) Rejected quantities-including estimated data if required-by number or nominal weight per species, as appropriate for each fishery;
d) Fishing effort statistics, as appropriate for each fishery Fishing method;
e) Fishing location, date and time of catch and other fishing statistics, as appropriate.
3. States shall also gather, where appropriate, and make available to the relevant subregional or regional fisheries management organization or arrangement relevant additional information relevant to stock assessment, including:
(a) Catch composition (size, weight and sex);
(b) Other biological data relevant to stock assessment (age, growth, reconstitution, distribution, stock identity, etc.)) ; and
c) Other relevant studies (stock abundance studies, biomass studies, hydroacoustic studies, ecological factors studies that influence the abundance of stocks and oceanographic and ecological studies, Etc.).
Article 4
Ship Information
1. States should collect the following types of data on vessels with a view to standardising the fleet composition and fishing capacity of vessels and converting the different measures of fishing effort for data analysis Catch and fishing effort:
a) Identity, flag and port of registration of ship;
b) Type of vessel;
c) Vessel characteristics (construction material, date of construction, registered length, gauge Gross, main engine power, load capacity, methods for storing catches, etc.) ; and
d) Description of fishing gear (type, characteristics, number, etc.).
2. The flag State shall gather the following information:
(a) Navigation and positioning instruments;
(b) Communication equipment and international radio code;
(c) crew strength.
Article 5
Communication of data
Every state must ensure that ships flying its flag communicate to its national fisheries administration and, if agreed, to the organization or arrangement of management of the Competent sub-regional or regional fisheries the data recorded in their logbook concerning catches and fishing effort, including data relating to offshore fishing operations, at sufficiently close intervals for Comply with national regulations and regional and international obligations. Such data shall be communicated by radio, telex, telefacsimile or satellite link or by other means.
Article 6
Verification of data
States or, where appropriate, the organisations Subregional or regional fisheries management arrangements or arrangements should put in place mechanisms to verify fisheries data, such as the following mechanisms:
(a) Verification of position using systems Monitoring of vessels;
(b) Scientific observation programmes to control catches, fishing effort, composition of catches (target and non-target species) and other aspects of fishing operations;
(c) Reports requested from Ships on their campaigns, landings and transhipments; and
d) Dockside monitoring.
Article 7
Data Exchange
1. The data collected by flag States shall be made available to other flag States and coastal States concerned through subregional or regional fisheries management organizations or arrangements Competent. Such organisations or arrangements shall bring together the data which they communicate in a timely manner and in the form agreed upon by all the States concerned, in accordance with the terms and conditions which they have adopted, while preserving the confidentiality of the Data not aggregated; should, to the extent possible, develop database management systems that provide easy access to databases.
2. At the global level, data collection and dissemination should be done through the Food and Agriculture Organization of the United Nations (FAO). Where there is no subregional or regional fisheries management organization or arrangement, FAO could also undertake the collection and dissemination of data at the subregional or regional level with the agreement of the States Interested.
A N N E X E I I
DIRECTIVE FOR THE APPLICATION OF PRECAUTION REFERENCE POINTS FOR THE PURPOSES OF CONSERVATION AND MANAGEMENT OF CHEVAUCHANT FISH STOCKS AND INVENTORY STOCKS FISH GRANDS MIGRATORY
1. A precautionary reference point is an estimated value obtained by an agreed scientific method, which is a function of the state of the resource and fishery and can be used as a guide for fisheries management purposes.
2. Two types of precautionary reference points should be used: reference points for conservation purposes, or critical points, and reference points for management purposes, or target points. The critical points set limits that are intended to maintain the operation at a biologically safe level to achieve the maximum constant yield. Target reference points are intended to achieve management objectives.
3. Precautionary reference points should be established for each stock, including the ability to reproduce and reproduce the stock in question and the characteristics of its exploitation, as well as the other causes of Mortality and significant uncertainty factors.
4. Management strategies are intended to maintain or restore stocks of exploited species and, where appropriate, those of associated or dependent species, at levels consistent with previously agreed precautionary reference points. These reference points are used to trigger pre-agreed conservation and management measures. Management strategies also include measures that can be applied when the precautionary reference points are close to being reached.
5. Fisheries management strategies ensure that the risk of exceedance of critical reference points is very low. If a stock falls, or is at risk of falling, below a critical reference point, conservation and management measures should be taken to assist in its recovery. Fisheries management strategies ensure that the target benchmarks are not exceeded on average.
6. Where the data required to determine the reference points for a fishery are lacking or insufficient, interim reference points shall be established. These can be established by analogy with better-known comparable stocks. In such cases, fishery compliance activities are strengthened to revise interim reference points as more data are available.
7. The fishing mortality rate that ensures maximum constant yield should be considered as a minimum criterion for critical reference points. For stocks that are not overfished, fisheries management strategies ensure that fishing mortality does not exceed the maximum constant yield and that the biomass does not fall below a threshold Preestablished. For overexploited stocks, the biomass that would yield the maximum constant yield can be used as a recovery goal.
Declaration of France
" In accordance with article 47.1 of the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Fish Stocks The interior beyond the exclusive economic zones (straddling stocks) and highly migratory fish stocks (two annexes), made in New York on 4 December 1995, of which the United Nations is the depositary, and in accordance with the article 5.2 of Annex IX to the United Nations Convention on the Law of the Sea, the Government of the French Republic hereby declares that in its capacity as a member of the European Community, France has transferred to the European Community Jurisdiction covered by the Agreement. These competences are listed in the Annex to this Declaration.
The Government of the French Republic also confirms the content of the declarations made by the European Community at the time of ratification of the Agreement. "
A N N E X E
I. -MATERIALS FOR WHICH THE COMMUNITY
AN EXCLUSIVE JURISDICTION
1. The Community recalls that its Member States have transferred their powers to the conservation and management of living marine resources. Consequently, in this field, it is the Community's responsibility to adopt the relevant rules and regulations (which are applied by the Member States) and it falls within its competence to engage in external action with third countries or
This jurisdiction applies to waters under the jurisdiction of the national fisheries jurisdiction, as well as to the high seas.
2. The Community shall enjoy the regulatory competence recognised under international law in the flag State of a ship to lay down measures for the conservation and management of the marine fisheries resources applicable to vessels flying the flag Member States and to ensure that Member States adopt provisions for the implementation of such measures.
3. However, the measures applicable to commanders and other officers of fishing vessels, such as refusal, withdrawal or suspension of authorisations to exercise, fall within the competence of the Member States in accordance with their The
relating to the exercise of the jurisdiction of the flag State on its vessels on the high seas, in particular the provisions concerning, in particular, the taking or abandonment of the control of fishing vessels by States Other than flag State, international cooperation in respect of the enforcement and recovery of the control of their vessels, shall be within the competence of the Member States in accordance with Community law.
II. -MATERIALS OF THE JURISDICTION OF THE
ITS MEMBER STATES
4. The Community shall share with its Member States the competence for the following matters governed by the Agreement: the needs of the developing States, scientific research, measures taken by the State of the port and measures adopted with regard to states which are not Not members of regional fisheries management bodies and states which are not party to the Agreement.
The following provisions of the Agreement are applicable to both the Community and its member states:
-general provisions: (Sections 1, 4 and 34 to 50);
-Dispute Resolution: (Part VIII).
Done at Paris, March 8, 2004.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
Foreign Minister,
Dominique de Villepin
