The Saeima has adopted and the President promulgated the following laws: an agreement on 10 December 1982 the United Nations Convention on the law of the sea with respect to straddling fish stocks and highly migratory fish stocks and the conservation and management of article 1. 4 august 1995 of the agreement on 10 December 1982 the United Nations Convention on the law of the sea with respect to straddling fish stocks and highly migratory fish stocks conservation and management (hereinafter referred to as the agreement) with this law is adopted and approved. 2. article. Fulfilment of the obligations provided for in the agreement to coordinate the Ministry of environment and Ministry of agriculture. 3. article. The agreement shall enter into force on its article 40, and for the period specified in the order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 4. article. The law shall enter into force on the date of its promulgation. With the law put the agreement in English and its translation into Latvian language. The law adopted by the Parliament in 2006 on October 19. State v. President Vaira Vīķe-Freiberga in Riga in 2006 November 8 Annex 1 agreement on 10 December 1982 the United Nations Convention on the law of the sea with respect to straddling fish stocks and highly migratory fish stocks and the conservation and management of the States parties to this agreement by reference to the relevant 10 December 1982 the United Nations Convention on the law of the sea, committing to ensure sustainability of straddling fish stocks and highly migratory fish stocks for the long-term conservation and sustainable use of for this purpose, committed to improve transnational cooperation, calling for the flag States, port States and coastal States to implement effective conservation and management measures adopted for such stocks, trying to address in particular the problems identified in the United Nations Environment and Development Conference adopted Agenda 21 17. In section C of chapter, i.e. that high seas fisheries management is inadequate in many areas and that some resources are overrun; Noting that there are problems with unregulated fisheries, excessive capitalization funds, too large a fleet of ships for the purpose of changing the flag to avoid the controls, insufficiently selective gear, databases and lack of sufficient trans-national cooperation, pledging to adopt responsible fishing, aware of the need to avoid adverse impacts on the marine environment, preserve biodiversity, maintain the integrity of marine ecosystems and minimize the chances that fishing activities result in long-term or irreversible effects Recognizing the need for specific assistance, including financial, scientific and technological assistance to developing countries to participate effectively in fisheries for straddling fish stocks and highly migratory fish stocks conservation, management and sustainable use, convinced that these goals can best serve the agreement on the implementation of the provisions of the Convention, and that it will help maintain international peace and security, stating that the questions, which are not governed by the Convention or this agreement , still governed by the General rules of international law and principles, have agreed on THIS. Part I General provisions article 1 the term and scope of this agreement, (a) 1) "Convention" means the 10 December 1982 the United Nations Convention on the law of the sea; (b)) "conservation and management measures ' means measures to conserve and manage one or more species of living marine resources that are adopted and applied consistent with the relevant rules of international law as reflected in the Convention and this agreement; c) "fish" is also molluscs and crustaceans except those belonging to the sedentār (seated) species, as defined in article 77 of the Convention; and (d)) "forum" is a mechanism of cooperation by two or more States established in accordance with the Convention and this agreement, inter alia to straddling fish stocks or highly migratory fish stocks conservation and management measures in a bottom area or district. 2. a) ' States parties ' means States which have consented to be bound by this agreement and for which it is valid. (b)) this agreement applies mutatis mutandis to all Convention i) article 305, paragraph 1 c, d) and (e))) entities referred to, and (ii) subject to article 47), all subjects that the Convention Annex IX referred to in article 1 as "international organisations" and which becomes a party to this agreement. To the extent that these entities apply the term "Member States". 3. This agreement applies mutatis mutandis to other fishing entities whose vessels fish on the high seas. Article 2 purpose the purpose of this agreement is to ensure the sustainability of straddling fish stocks and highly migratory fish stocks for the long-term conservation and sustainable use, the effective implementation of the relevant provisions of the Convention. 3. the application of article 1. Unless otherwise provided, this agreement applies to straddling fish stocks and highly migratory fish stocks and the conservation and management of areas beyond national jurisdiction, with the exception of articles 6 and 7, which also apply to the conservation and management of stocks in areas under national jurisdiction, subject to the different legal regimes applicable in areas under national jurisdiction and in areas beyond national jurisdiction as provided for in the Convention. 2. for the purposes of their sovereign rights to explore, exploit and conserve and manage straddling fish stocks and highly migratory fish stocks in areas under national jurisdiction, the coastal State shall apply mutatis mutandis to those listed in article 5 of the General principles. 3. States under evaluate the developing countries ' ability to apply the 5, 6 and 7 of article areas under national jurisdiction and their need for assistance as provided for in this agreement. For this purpose, part VII applies mutatis mutandis for areas under national jurisdiction. Article 4 relationship between this agreement and the Convention, nothing in this Agreement shall be without prejudice to national law, jurisdiction and obligations established in the Convention. This agreement shall be interpreted and applied in the context of the Convention and in accordance with it. Part II of the straddling fish stocks and highly migratory fish stocks conservation and management article 5 General principles to conserve and manage straddling fish stocks and highly migratory fish stocks, coastal States and high seas fishing States to cooperate in implementing their obligations under the Convention: (a)) shall adopt measures to ensure sustainability of straddling fish stocks and highly migratory fish stocks in the long term and promote the objective of their optimum utilisation; (b)) provides that these measures shall be based on the best available scientific basis and are designed to maintain or restore stocks at levels when they are able to provide maximum sustainable yield, assessing the relevant environmental and economic factors, including the developing countries ' special needs and taking into account fishing patterns, the interdependence of stocks and any generally recommended international minimum standards, the district, area or at the global level; c) follow the precautionary approach in accordance with article 6; d) assess the impacts of fishing, other human activities and environmental factors on target stocks and species belonging to the same ecosystem or associated with or dependent on the target stocks; e) if necessary, adopt conservation and management measures for species belonging to the ecosystem or associated with or dependent on the target stocks, with a view to maintaining or restoring populations of such species above levels at which their reproduction may become seriously threatened; f) reduce pollution, waste, discards, by lost or abandoned gear, catch of the obtained fish and other fish species not catch that is a catch (hereinafter referred to as ' non-target species "), as well as the effects on associated or dependent species, in particular endangered species, through measures which, as far as possible include selective, environmentally safe and cost-effective fishing gear and techniques development and use; g) protect biodiversity in the marine environment; h) take measures to prevent or eliminate overfishing and excess fishing capacity and to ensure that fishing effort do not exceed a level which is consistent with the sustainable use of fishery resources; I) followed the interests of fishermen fishing for domestic consumption, as not and; j) collect and share, in a timely manner, only the Castle and accurate data concerning fishing activities on, inter alia, vessel position, catch of target and non-target species and fishing effort, as set out in annex I, as well as information from national and international research programmes; k) promote and conduct scientific research and develop appropriate technologies in support of fishery conservation and management; and l) implement and implement conservation and management measures, the application of effective monitoring, control and surveillance. Article 6 application of the precautionary approach 1. countries widely apply precautionary approaches to fisheries for straddling fish stocks and highly migratory fish stocks conservation, management and exploitation, in order to protect living marine resources and preserve the marine environment. 2. States acting even more careful, if the information is ambiguous, questionable or inadequate. The absence of adequate scientific information, there is no excuse to postpone conservation and management measures or not performed at all. 3. in implementing the precautionary approach, States a) improve decision-making for fishery resource conservation and management by obtaining and sharing the best scientific information available and implementing improved techniques for dealing with risk and uncertainty; (b)) apply the guidelines set out in annex II and on the basis of the best scientific information available, fixed stock-specific reference points and the action to be taken if they are exceeded; c) take into account, inter alia, uncertainties relating to the size and productivity of the stocks, reference points, stock condition in relation to those points, in relation to the level of fishing mortality and the spread of the impact of fishing on non-target and associated or dependent species, as well as existing and future ocean, environmental and socio-economic conditions; and (d)) develop data collection and research programmes to assess the impact of fishing on non-target and associated or dependent species and their environment, and adopt plans which are necessary to ensure the conservation of such species and to protect habitats of particular threatened it. 4. the State shall take measures to ensure that, when reference points are approached, they will not be exceeded. If it exceeds, the countries immediately take paragraph 3 (b)) laid to rebuild the stocks. 5. If you are at risk of target stocks or non-target or associated or dependent species status, countries and stocks of these species to enhanced monitoring in order to review their status, as well as conservation and management measures. These measures are regularly reviewed in the light of new information. 6. in the case of new or exploratory fisheries, States shall adopt as soon as possible cautious conservation and management measures, including, inter alia, catch limits and effort limits. These measures shall remain in force until there are sufficient available information to assess the impact of fishing on the stock long-term. Based on this assessment, implement conservation and management measures. These measures, if necessary, to provide for the progressive development of fishing. 7. If a natural phenomenon has a significant adverse impact on the status of straddling fish stocks and highly migratory fish stocks, States shall adopt emergency conservation and management measures to ensure that fishing activity does not exacerbate such adverse impact. States the following emergency measures shall be adopted, even if fishing activities significantly endanger the sustainability of fish stocks. Emergency measures are temporary, and they are based on the best available scientific basis. Article 7 measures for the conservation and management of cross compliance 1. coastal States sovereign rights to explore and exploit, save and manage living marine resources within areas under their jurisdiction, as provided for in the Convention, as well as all citizens of the right to fish on the high seas in accordance with the Convention, a) for straddling fish stocks, the relevant coastal States and States whose nationals fish for such stocks in the adjacent high seas area in question , try directly or by part III in the cooperation mechanisms to agree on the measures necessary for the conservation of these stocks in the adjacent high seas area; (b)) with respect to highly migratory fish stocks, the relevant coastal States and other States whose nationals fish for this species in the area, either directly or through part III of the respective cooperative mechanism developed in partnership with a view to ensuring the conservation and promote the optimum utilization throughout the district and national jurisdiction zones both inside and outside. 2. conservation and measures established for the high seas and those adopted for areas under national jurisdiction, are appropriate in order to ensure sustainability of straddling fish stocks and highly migratory fish stocks conservation and management in General. Therefore, coastal States and States fishing on the high seas have a duty to cooperate to create a mutually appropriate measures for these stocks. Establishing mutually appropriate conservation and management measures, States a) take into account the conservation and management measures in accordance with article 61 of the Convention in relation to the same species have adopted and applied by coastal States in areas under their jurisdiction, as well as to ensure that the measures laid down in regard to those species on the high seas, without prejudice to the effectiveness of these measures; (b)) take into account the measures by relevant coastal States and States fishing on the high seas, the previously agreed and established and applied for the high seas in accordance with the Convention in respect of the same species; c) take account of the measures of which the relevant subregional or regional fisheries management organisation or arrangement has been agreed upon, and implemented and applied in accordance with the Convention in respect of the same species; d) take into account the biological unity and other biological characteristics of the stocks and the relationships between the distribution of the stocks, the fisheries and the geographical particularities of the region concerned, including the extent to which the stocks occur and are fished in areas under national jurisdiction; e) take into account the respective coastal State and the States fishing on the high seas on the stocks concerned; and f) ensure that such measures do not result in harmful impact on the living marine resources as a whole. 3. In giving effect to their duty to cooperate, States shall make every effort to reach agreement within a reasonable period of time for a mutually appropriate conservation and management measures. 4. If no agreement can be reached within a reasonable period of time, any of the States concerned may invoke the procedures for the settlement of disputes provided for in part VIII. 5. as long as there is no agreement about mutually relevant conservation and management measures, the States concerned in a spirit of understanding and cooperation in the effort to enter into provisional arrangements of a practical nature. If such agreement cannot be reached, any of the States concerned, to establish temporary measures may refer the dispute to a court or Tribunal in accordance with the requirements set out in part VIII settlement of disputes procedures. 6. the provisional agenda events, or as agreed or laid down pursuant to paragraph 5, taking into account the provisions of this part; with due respect all rights and obligations of States, they do not endanger or hinder the final agreement on mutually appropriate conservation and management measures and does not affect the dispute settlement process of the final outcome. 7. Coastal States shall, either directly or through the relevant subregional or regional fisheries management organisation or arrangement, or other appropriate form, regularly inform the countries that fish on the high seas in the subregion or region, on the measures which they have adopted for straddling fish stocks and highly migratory fish stocks in areas under their jurisdiction. 8. States fishing on the high seas, directly or through the relevant subregional or regional fisheries management organisation or arrangement, or other appropriate form, regularly inform other interested States on the measures they have adopted to regulate the fishing activities carried out by the flag on the high seas fishing for those stocks. Part III mechanisms for international cooperation concerning straddling fish stocks and highly migratory fish stocks article 8 cooperation in the conservation and management of 1. Coastal States and States fishing on the high seas, in accordance with the Convention, directly or through the relevant subregional or regional fisheries management organization or arrangement shall cooperate in relation to straddling fish stocks and highly migratory fish stocks, taking into account the subregional or regional characteristics to ensure such conservation and effective inventory management. 2. States shall enter into consultations in good faith and without delay, particularly where there is evidence that the straddling fish stocks and highly migratory fish stocks threatened by excessive use or if for these items is developed a new fishery. To this end, consultations may be initiated at the request of any interested State, with the aim to introduce appropriate arrangements to ensure conservation and management of stocks. While agreement on that procedure has been reached, States adhere to the provisions of this agreement and act in good faith and in the light of other countries ' rights, interests and obligations. 3. where a subregional or regional fisheries management organisation or arrangement is entitled to establish conservation and management measures for particular straddling or highly migratory fish stocks, States that these items to fish on the high seas, and relevant coastal States to fulfil their duty to cooperate by becoming members of this organization, the members of the forum or by agreeing to apply the conservation and management measures implemented by such organization or arrangement. Countries that have a real interest in the fisheries, may become members of such organisation or arrangement. Membership conditions in such organisation or arrangement shall prevent States becoming members or participate in it, it does not apply to discrimination against a country or group of countries, which is relevant in the real interest in the fishery. 4. Only those States which are members of such organisation or participants in such arrangement, or which agree to apply the following organisations or developed conservation and management measures may be available to the fishery resources to which those measures apply. 5. where there is no subregional or regional fisheries management organisation or arrangement, which shall adopt conservation and management measures in respect of which the particular straddling fish stocks or highly migratory fish stocks, the district or district by relevant coastal States and States fishing for such stocks on the high seas shall cooperate to establish such an organization, or other works relevant forums to ensure that the conservation and management of stocks as well as taking part in such organizations or activities. 6. Any State intending to submit a proposal that would have to be taken in the intergovernmental organization which is competent in relation to living resources, if such action would have a serious impact on the conservation and management measures already put in place a competent subregional or regional fisheries management organisation or arrangement, this organisation or arrangement should consult with its members or participants. To the extent possible, such consultation should take place before the submission of the proposal to the intergovernmental organization. Article 9 of subregional and regional fisheries management organizations and forums 1. In establishing subregional or regional fisheries management organisations or in entering into subregional or regional fisheries management arrangements for straddling fish stocks and highly migratory fish stocks, States shall agree, inter alia, on (a)) items to which conservation and management measures, taking into account the biological characteristics of the stocks concerned and the nature of fishing; (b) the application area), taking into account article 7(1), as well as subregional and regional specificities, including socio-economic, geographical and environmental factors; (c)) the relationship between the work of the new organisation or arrangement and any existing fisheries management organisation or arrangement and the role, objectives; and (d)) the mechanisms by which the organization or arrangement will obtain scientific advice and review the status of the stocks, including, where appropriate, the scientific advisory organization. 2. States cooperating in the subregional or regional fisheries management organization or arrangement shall inform other States which they are aware have a real interest organisation or arrangement of such cooperation. Article 10 subregional or regional fisheries management organisations and arrangements function implementing their obligation to cooperate through subregional or regional fisheries management organisations or arrangements, States a) agree on and comply with conservation and management measures to ensure sustainability of straddling fish stocks and highly migratory fish stocks for long-term preservation; (b)) agree, as appropriate, on participatory rights such as allocations of allowable catch or levels of fishing effort; c) adopt and apply any generally recommended international minimum standards for the responsible conduct of fishing operations; d) obtain and evaluate scientific advice, review the status of the stocks and assess the impact of fishing on non-target and associated or dependent species; e) agree on standards for data on the catches collection, reporting, verification and Exchange; f) compile and disseminate accurate and Palace only statistical data, as described in annex I, to ensure that the best available scientific advice, where appropriate, maintain confidentiality; g) promote and conduct scientific assessments of the stocks and relevant research and disseminate the results thereof; h) creates the appropriate collaborative mechanisms for effective monitoring, control, surveillance and enforcement; I) agree on means by which to ensure the interests of new members of the organisation or new participants in the arrangement; j) agree on decision-making procedures which facilitate the timely and effective conservation and management measures; k) promote the peaceful settlement of disputes in accordance with part VIII; l) ensure relevant public services and full cooperation in implementing the recommendations and decisions of the organisation or arrangement; and m) shall inform the public of the organisation or arrangement adopted conservation and management measures. Article 11 new members or participants in establishing subregional or regional fisheries management organization or of new members of a subregional or regional fisheries management forum new members of the nature and extent of rights, States shall take into account, inter alia a) straddling fish stocks and highly migratory fish stocks and the existing fishing effort in the fishery; (b)) of new and existing members or participants of the respective interests, fishing patterns and fishing practices; (c)) the respective contributions of new and existing members or participants to conservation and management, accurate data collection and provision, as well as the inventory of any scientific research activity; (d)) the needs of coastal fishing communities which are dependent mainly on fishing for the stocks; (e)) the needs of coastal States whose economies are overwhelmingly dependent on the exploitation of living marine resources; and f) subregional or regional interests in developing countries where the zones under the jurisdiction of the items are encountered. Article 12 Disclosure of subregional or regional fisheries management organisations and arrangements in action 1. countries through subregional or regional fisheries management organisations and forums provide for transparency in the decision-making process and other activities. 2. Representatives from other intergovernmental organizations and non-governmental organizations concerned with straddling fish stocks and highly migratory fish stocks, are given the opportunity to participate in a subregional or regional fisheries management organizations and arrangements as observers or, if this is acceptable, otherwise in accordance with the procedures of the organisation or arrangement concerned. Those arrangements in this regard is not unnecessarily restrictive. Intergovernmental organizations and non-governmental organisations shall have timely access to these subregional or regional fisheries management organisations and arrangements and a protocol messages, subject to the rules on access to them. Article 13 of the existing organization and the strengthening of the forum States shall cooperate to strengthen existing subregional and regional fisheries management organizations and arrangements, to improve their effectiveness in relation to straddling fish stocks and highly migratory fish stocks conservation and management of the development and implementation of measures. Article 14 collection of information, and cooperation in the scientific research 1. To fulfil their obligations under this agreement, States shall ensure that fishing vessels flying their flag provide such information as may be necessary. To this end, 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)) provides that the collected sufficiently detailed data to facilitate effective stock assessment, and that it submit sufficiently in order to comply with the relevant subregional or regional fisheries management organisation or arrangement; and (c)) shall take appropriate measures to verify the accuracy of such data. 2. States shall cooperate, either directly or through subregional or regional fisheries management organisation or arrangement, to a) to agree on the specification of data and the format in which they are to be provided to such organisations or arrangements, taking into account the nature of the stocks and the fisheries for those stocks; and (b)) develop and share analytical techniques and stock assessment methodologies to improve measures for straddling fish stocks and highly migratory fish stocks conservation and management of 3. Consistent with part XIII of the Convention, States shall cooperate, either directly or through competent international organisations, to strengthen scientific research capacity in the fisheries sector and promote scientific research related to straddling fish stocks and highly migratory fish stocks conservation and management in the interest of all. To this end, the competent State or between the folksy organization that such studies carried out outside national jurisdiction areas, actively promoting the results of the study and its objectives and methods information publication and dissemination to any interested States, as well as, as far as practicable, promote the participation of national researchers in these studies. 15. Article the closed or partially closed sea implementing this Agreement enclosed or semi-enclosed sea, States shall take into account the natural characteristics of that sea, and act in accordance with part IX of the Convention and other relevant provisions thereof. Article 16 the open sea areas, which include a full one in the area under national jurisdiction 1. States fishing for straddling fish stocks and highly migratory fish stocks in the open sea area that is fully includes any one of the areas under national jurisdiction, the latter State shall cooperate in order to develop appropriate conservation and management measures in that area of the high seas. Respecting natural features of the area, States shall pay special attention to the appropriate conservation and management measures in accordance with article 7. Providing for measures applied in the open sea, the coastal State rights, duties and interests under the Convention, based on the best available scientific basis and take into account any conservation and management measures in respect of the same stocks in accordance with article 61 of the Convention and adopted by the coastal State shall apply its jurisdiction area. Countries also agree on monitoring, control, surveillance and enforcement measures to ensure the adequate conservation and management measures on the high seas. 2. in accordance with article 8, States shall act in good faith and without delay, make every effort to agree on conservation and management measures to be applied when carrying out fishing activities in the area referred to in paragraph 1. If within a reasonable period of time fishing countries concerned and the coastal State are unable to agree on such measures, they shall, subject to paragraph 1, apply article 7, paragraphs 5 and 6 on the provisional arrangements or measures. While such temporary measures have been adopted or, the States concerned shall take measures in respect of vessels flying their flag to engage in fishing, which could undermine the stocks concerned. (IV) States which are NOT members of the ORGANIZATION concerned or the FORUM participants article 17 States that are not members of the organization or a member of the national forum, not through subregional or regional fisheries management organisation, or through subregional or regional fisheries management arrangement, and which does not otherwise agree to apply this organization or forum developed the conservation and management measures, it is not exempted from the obligation under the Convention and this agreement to cooperate to store and manage the straddling fish stocks and highly migratory fish stocks. 2. Such State shall not authorize vessels flying its flag to engage in the straddling fish stocks and highly migratory fish stocks which are subject to such organisation or arrangement designed conservation and management measures. 3. Countries that have a subregional or regional fisheries management organisation, or through subregional or regional fisheries management arrangement shall, individually or jointly, in article 1, paragraph 3 of the fishing segment, the structure of a fishing vessel is in the area concerned, to cooperate with that organization or arrangement in implementing the conservation and management laid down measures with a view to how broadly one might de facto to apply these measures fishing activities in the area concerned. Such fishing structure benefits from participation in the fishery in proportion to their commitment to comply with conservation and management measures. 4. States which are members of such organisation or participants in such arrangement shall exchange information with respect to the activities of fishing vessels flying the flags of States which are not members of the organisation nor participants in the arrangement and which are engaged in fishing operations for the relevant stocks. They shall take measures, in accordance with this agreement and international law to deter the activities of vessels from threatening the subregional or regional conservation and management measures. Part v duties of the flag State article 18 duties of the flag State 1. A State whose vessels fish on the high seas shall take such measures as may be necessary to ensure that vessels flying its flag comply with subregional and regional conservation and management measures and that such vessels do not engage in any activity which undermines the effectiveness of these measures. 2. the State permits fishing vessels flying its flag on the high seas only where it is under the Convention and this agreement is able to exercise effectively its responsibilities in respect of such vessels. 3. Measures to be taken by a State in respect of vessels flying its flag shall include (a)) this control on the high seas, using fishing licences and other authorizations in accordance with the applicable procedures, developed through subregional, regional or global level; (b)), to the provisions of (i) licences and the authorisation or) permit application requirements and conditions which are sufficient to fulfil any subregional, regional or global flag State obligations, ii) to prohibit fishing on the high seas by vessels which are not properly licensed or authorized to fish, or fishing on the open sea otherwise than in accordance with a specific authorisation or license permit requirements and agreements, (iii) the claims put forward) that licence or authorisation or permission to all the time is to be located on the high seas to carry the ship's deck, and to produce it on demand for inspection by a duly authorised person, iv) to ensure that vessels flying its flag do not conduct unauthorized fishing within areas under the national jurisdiction of other States; (c) fishing vessels) national list, which are authorized to fish on the high seas and provide interested States, at their request, direct access to the information in this list, taking into account any national laws of the flag State regarding the release of such information; d) requirements for marking of fishing vessels and fishing gear for identification in accordance with uniform and internationally recognizable vessel and gear marking systems, such as the food and Agriculture Organization of the United Nations standard specifications for the marking of fishing vessels and for identification; e) requirements for recording and timely location of the ship, the target species and by-catch species, fishing effort and other relevant information concerning the data in accordance with subregional, regional and global standards for collection of such data; f) requirements for verifying the target species and by-catch species with features such as the observer program, control systems, landing, handling messages to other ships in the supervision and monitoring of landed catches and market statistics; g) vessels, their fishing operations and related activities by monitoring, control and surveillance, inter alia, (i)) implementing national control systems and subregional and regional cooperation in the provision of nosacījumuizpild system in accordance with articles 21 and 22, including requirements for such vessels to permit duly authorised inspectors from other States, ii) implementing national observer programmes and subregional and regional observer programmes in which the flag State , including requirements for such vessels to permit access by observers from other States to carry out activities which are agreed in accordance with the programmes, and (iii) developing and implementing) vessel monitoring systems, including, as appropriate, satellite transmitter systems, in accordance with any national programmes and those of the countries concerned agreed subregional, regional or global level; (h) Regulation of transhipment on) other vessels on the high seas to ensure that is not undermined conservation and management measures; I) Regulation of fishing activities to ensure compliance with subregional, regional or global measures, including those aimed at reducing by-catch species. 4. If there is a subregionally, regionally or globally agreed system of monitoring, control and surveillance system, which is the arrangement, States shall ensure that the measures they impose on vessels flying their flag are compatible with that system. Part vi compliance and enforcement article 19 compliance and enforcement of flag State 1. State shall ensure that vessels flying its flag comply with subregional or regional fisheries for straddling fish stocks and highly migratory fish stocks conservation and management measures. To this end, the country a) enforce such measures irrespective of where violations occur; b) immediately and fully investigate all possible subregional or regional conservation and management measures, including, where appropriate, physical checking of the ships concerned and the results of the investigation and immediately reported to the State, on the violation indicated, as well as relevant subregional or regional organizations or arrangements; (c) all) require vessels flying its flag to give information to the investigating authority regarding vessel position, catches, fishing gear, fishing operations and related activities in the place of the alleged infringement; d) if satisfied that sufficient evidence is available in respect of an alleged violation, refer the case to its authorities with a view to immediately initiate proceedings in accordance with its laws and, where appropriate, detain the vessel concerned; and (e)) where, in accordance with its national law is evidence that the ship has been involved in serious violations of the measures referred to in, ensure that the ship does not carry out fishing activities on the high seas until such time as all of the flag State in connection with the violation of sanctions have been met. 2. investigations and proceedings takes place immediately. Penalties applicable for infringements, is adequate to ensure the effective compliance and to discourage violations regardless of where they occur, as well as deprive the offenders all benefits from the illegal activities. Measures that apply to the masters and other officers of fishing vessels, includes provisions which, inter alia, may be allowed to refuse, revoke or suspend a permit to be a Masters or officers on such vessels. Article 20 international cooperation to ensure compliance of conditions 1. States shall, either directly or through subregional or regional fisheries management organisations or arrangements cooperate to ensure subregional and area straddling fish stocks and highly migratory fish stocks conservation and management measures and enforcement. 2. A flag State conducting an investigation with respect to the straddling fish stocks and highly migratory fish stocks conservation and management measures, may request the assistance of any other State whose cooperation may be useful in the conduct of the investigation. All countries trying to meet reasonable requests of the flag State in connection with such investigations. 3. A flag State may undertake such investigations directly, in cooperation with other interested States or through the relevant subregional or regional fisheries management organisation or arrangement. Information on the progress and results of the investigation provide all countries with an interest in the possible violation, or that it is a hit. 4. States shall assist each other in identifying vessels reported that they have engaged in activities undermining the subregional, regional or global conservation and management measures. 5. to the extent permitted by national legislation, the States made the arrangements for making available to prosecuting authorities in other States evidence relating to alleged violations of such measures. 6. If there are grounds for believing that a vessel on the high seas has engaged in illegal fishing in the coastal State in the area under the jurisdiction of the flag State of the vessel at the request of a coastal State shall without delay comprehensive investigates the circumstances of the case. The flag State shall cooperate with the coastal State, in such cases, taking appropriate enforcement action, and may authorize the relevant authorities of the coastal State to Board and inspect them on the high seas. This paragraph is without prejudice to the application of article 111 of the Convention. 7. Member States which have a subregional or regional fisheries management organisation, or through subregional or regional fisheries management arrangement may take action in accordance with international law, including for this purpose, develop a subregional or regional procedures to prevent vessels carrying out activities that undermine these organizations or the conservation and management measures are effective or otherwise violates, from fishing on the high seas in the subregion or region until While the flag State to take appropriate measures. Article 21 of the cooperation of subregional or regional enforcement of conditions 1. Subregional or regional fisheries management organisation or arrangement in the high seas area covered in the Member States, which are members of such organisation or arrangement to ensure that the organization or arrangement established straddling fish stocks and highly migratory fish stocks conservation and management measures by its duly authorised inspectors can climb on board fishing vessels flying another flag of this agreement and shall be controlled in accordance with paragraph 2, regardless of whether that Member is also a member of said organization or forum member. 2. countries through subregional or regional fisheries management organisations or arrangements establish the boarding and inspection procedures according to paragraph 1, as well as the other provisions of this article. This procedure is in accordance with this article and the basic procedure laid down in article 22, and it does not discriminate with regard to countries which are not members of the organisation or arrangement. Boarding and inspection, as well as a further condition of enforcement actions carried out in accordance with that procedure. Countries take care of appropriate publicity arrangements developed in accordance with this paragraph. 3. If, within two years from the date of adoption of this agreement, any organization or forum that procedure is designed to ship boarding and inspection pursuant to paragraph 1, as well as the conditions for further enforcement actions until that policy development is carried out in accordance with this article and the basic procedure laid down in article 22. 4. Prior to taking action under this article, inspecting States perform directly or through the relevant subregional or regional fisheries management organisation or arrangement, inform all States whose vessels fish on the high seas in the subregion or region, the identification document, which is issued to their duly authorised inspectors. Vessels used for boarding and inspection, there are clearly marked, and are identifiable, they are public service. Becoming a Member State of the agreement, the State means the body that receive notifications pursuant to this article, and through subregional or regional fisheries management organisation or arrangement adequately disseminate information about this institution. 5. Where, following boarding and inspection are sufficient grounds for believing that a vessel has engaged in any activity which is inconsistent with paragraph 1 referred to the conservation and management measures, the inspecting State shall, where appropriate, provide the evidence and shall immediately inform the flag State of the alleged infringement. 6. the flag State to the notification referred to in paragraph 5 to reply within three working days of its receipt, or any other period that may be determined in accordance with the procedure laid down in paragraph 2, and a) to immediately fulfill its obligation to conduct an investigation in accordance with article 19, and if the evidence allows, take the condition of enforcement action in relation to the ship; in this case, promptly inform the inspecting State of the results of the investigation and the conditions of enforcement actions, or b) authorise the inspecting State to investigate. 7. Where the flag State authorises the inspecting State to investigate an alleged violation, the inspecting State shall, without delay, communicate the results of that investigation to the flag State. If the evidence so warrants, the flag State shall fulfill its obligation to the conditions of enforcement action in relation to the ship. The flag State may authorize the inspecting State to take such enforcement action, the conditions in which the flag State may specify in particular in relation to the ship and to the flag State which comply with the rights and obligations under this agreement. 8. Where, following boarding and inspection are sufficient grounds for believing that a vessel has committed a serious infringement, and the flag State shall either not responded or not acted under paragraph 6 or 7, the inspectors may remain on board a vessel, in order to preserve the evidence, as well as the master of the vessel may be requested to assist in further investigation, including, if necessary, immediately diverted the ship to the nearest appropriate port or to any other port , which may be given in accordance with the procedure laid down in paragraph 2. The inspecting State shall, without delay, notify the flag State, the name of the port to which the vessel will go. The inspecting State, the flag State and, where appropriate, the port State shall take all necessary measures to ensure the well-being of the crew, irrespective of nationality. 9. The inspecting State shall inform the flag State and the relevant organisation or the participants in the relevant arrangement of the results of any further investigation. 10. The inspecting State shall require its inspectors to observe generally accepted among the tautisko rules, procedures and practices relating to the safety of the vessel and the crew, minimize interference with fishing operations and to avoid actions that could negatively affect the catch on board. The inspecting State shall ensure that the ascent to the ship and control does not occur, continually disrupting any fishing vessel. 11. the meaning of this article, a serious violation means a) fishing without a valid licence, authorisation or permit in accordance with article 18, paragraph 3 (a)) issued by the flag State; (b)) catch and catch-related data accurate maintenance records, as required by the relevant subregional or regional fisheries management organization or arrangement, or serious misreporting of the kind of catch, contrary to the requirements of the organisation or arrangement; (c) the fishing area closed), fishing during a closed season or fishing without, or after the relevant subregional or regional fisheries management organisation or arrangement the quotas; d) directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited; e) using prohibited fishing gear; (f)), the fishing vessel, identity or registration data falsification or concealment; g) concealing, tampering with or disposing of evidence relating to an investigation; h) several routine violations which together constitute a serious disregard of conservation and management measures; or i) such other violations as may be specified in particular in accordance with the relevant subregional or regional fisheries management organisation or arrangement. 12. Without prejudice to the other provisions of this article, the flag State may, at any time, take action to fulfil its obligations under article 19 with respect to possible wrongdoing. If the ship is the inspecting State-run it by the flag State of the ship and released the request provides a complete information about the course and results of the investigation. 13. This article is without prejudice to the right of the flag State to take any measures, including proceedings to impose penalties, according to its laws. 14. This article shall apply mutatis mutandis to the boarding and inspection, carried out by the Member State, which is a subregional or regional fisheries management organisation, or through subregional or regional fisheries management arrangement, and which has reasonable grounds for suspecting that a fishing vessel flying the flag of another Member State has engaged in any activity which is inconsistent with paragraph 1 referred to the conservation and management measures of that organisation or arrangement covered in open sea and then the ship for the same fishing trip is entered in the country control in the area of jurisdiction. 15. where a subregional or regional fisheries management organisation or arrangement has developed an alternative mechanism which effectively directs its members or its members ' obligations under this agreement to ensure that organization or arrangement established conservation and management measures, members of the organisation or the forum members may agree to apply paragraph 1 only in respect to the conservation and management measures that have been developed in the relevant high seas area. 16. measures in respect of vessels having engaged in activities contrary to subregional or regional conservation and management measures taken by States other than the flag State, are proportionate to the seriousness of the infringement. 17. Where there are reasonable grounds for suspecting that a fishing vessel on the high seas is without nationality, a State may board and inspect the vessel. If the evidence so warrants, the State may take appropriate measures in accordance with international law. 18. States shall be liable for damage or loss attributable to them arising from action taken pursuant to this article when such action is unlawful or exceed those reasonably required in the light of available information to implement the provisions of this article. 22. Article some basic boarding and control in accordance with article 21, 1. The inspecting State shall ensure that its duly authorised inspectors a) present credentials to the master of the vessel and provide the relevant conservation and management measures or a copy of the text of the rules in force in the high seas area in question, pursuant to those measures; b) send a notice to the flag State at the time of the boarding and inspection; c) during the boarding and inspection do not interfere with the master's ability to communicate with the authorized flag State authorities; (d) a copy of the report to be submitted) to the master and to the authorities of the flag State of the vessel boarding and inspection, noting therein any objection or statement which the master wishes to have included in the report; e) completing the control, left the ship immediately, if you do not find the evidence of serious irregularities; and (f)) avoid the use of force except when and to the extent necessary to ensure the safety of the inspectors and where the inspectors are obstructed in the execution of their duties. The force used shall not exceed the relevant circumstances. 2. The inspecting State is duly authorised inspectors the authority to inspect the vessel, its licence, gear, equipment, records, facilities, fish and fish products and any relevant documents necessary to verify the appropriate conservation and management measures. 3. The flag State shall ensure that vessel masters a) agrees with and encouraging and safe boarding by the inspectors; b) cooperate with and assist in the inspection of the vessel conducted pursuant to these procedures; (c)) shall not obstruct, intimidate or interfere with the inspectors in the performance of their duties; d) during the boarding and inspection, the inspectors shall allow you to communicate with the authorities of the flag State and the inspecting State; e) provide inspectors with experience reasonable facilities, including, where appropriate, food and accommodation; (f) promote the safe Inspector) landed from the ship. 4. If a vessel refuses to accept boarding and inspection in accordance with article 21 of this and, give guidance to the flag State of the vessel immediately accept boarding and control, and, if the master is not under this statement, revoke the authorisation for fishing vessel and forcing the ship to return to port immediately, except in accordance with the generally accepted international regulations, procedures and practices relating to safety at sea ascent on the ship and that the control is to be postponed. The inspecting State shall inform the flag State of its action in the event of the circumstances referred to in this paragraph. Article 23 measures taken by a port State 1. A port State has the right and the duty to take measures, in accordance with international law, to promote the subregional, regional and global conservation and management measures. When taking such measures a port State, or in fact do not discriminate against any country. 2. A port State may, inter alia, inspect documents, fishing gear and catch on board fishing vessels, when such vessels are voluntarily in its ports or at its offshore terminals. 3. States may adopt regulations empowering the relevant national bodies to prohibit landings and transhipments where it has been established that the catch has been taken in a manner that endangers the subregional, regional or global conservation and management measures in high seas. 4. Nothing in this article affects the exercise by States of their sovereignty over ports in their territory in accordance with international law. Part VII developing country where article 24 of the special needs of developing countries in recognition of 1. States shall give full recognition to the special requirements of developing States in relation to straddling fish stocks and highly migratory fish stocks conservation and management and development of fisheries for such stocks. To this end, States shall, directly or with the United Nations development programme, the food and Agriculture Organization of the United Nations and other specialized agencies, the global environment facility, the Commission on sustainable development and other appropriate international and regional organizations and forums to help provide support to developing countries. 2. In giving effect to their duty to cooperate in fisheries for straddling fish stocks and highly migratory fish stocks conservation and management measures, States shall take into account the special requirements of developing States, in particular, (a) the sensitivity of developing countries), which are dependent on the exploitation of living marine resources, including for meeting the nutritional requirements of their populations or parts thereof; (b)) the need to avoid adverse impacts on, and ensure access to private fishing, small-scale and artisanal fishers, fisheries workers as well as indigenous people in developing States, particularly small island developing States; (c)) the need to ensure that such measures do not, directly or indirectly, a disproportionate burden of conservation action onto developing States. Article 25 forms of cooperation with developing States 1. countries either directly or through subregional, regional or global organisations shall cooperate to facilitate (a)) of developing countries, in particular least developed countries and small island developing States, the ability to save and manage straddling and highly migratory fish stocks and to develop their own fisheries for such stocks; b) assist developing countries, in particular least developed countries and small island developing States, to enable them to participate in these stocks in the high seas catches, including the facilitation of access to fisheries for these stocks pursuant to article 5 and 11; (c) facilitate developing countries) participation of subregional and regional fisheries management organisations and forums. 2. cooperation with developing States for the purposes set out in this article shall include financial assistance, assistance relating to human resources development and the provision of technical assistance, transfer of technology, including through joint-venture arrangements, and advisory and consultative services. 3. Such assistance shall, inter alia, be directed specifically towards a) improved the straddling fish stocks and highly migratory fish stocks, conservation and management of collecting, reporting, verification, Exchange and analysis of fisheries data and related information; (b) stock assessment and scientific) research; c) monitoring, control, surveillance, compliance and enforcement, including training and capacity-building at the local level, national and reģionālonovērotāj program development and funding as well as access to technology and equipment. Article 26 assistance in the implementation of this agreement 1. States shall cooperate to establish special funds to assist developing States in the implementation of this agreement, including assisting developing States to meet the costs involved in any proceedings for the settlement of disputes to which they may be involved as parties. 2. States and international organizations should assist developing States in establishing new subregional or regional fisheries management organisations or arrangements, or in strengthening existing organisations and the straddling fish stocks and highly migratory fish stocks conservation and management. PART VIII The peaceful settlement of disputes article 27 on responsibility to settle disputes peacefully in the Country are required to settle their disputes by negotiation, inquiry, mediation, conciliation, arbitration or judicial settlement, addressing regional agencies or arrangements, or other peaceful means of their own choice. Article 28 the origin of prevention of disputes States shall cooperate in order to prevent disputes. To this end, States shall agree on efficient and expeditious decision-making procedures of subregional and regional fisheries management organisations and forums, and where necessary, strengthen existing decision-making procedures. Article 29 disputes of a technical nature where a dispute concerns a matter of a technical nature, the country concerned can put themselves up to an ad hoc expert panel. The Commission shall consult with the States concerned and shall endeavour to settle the dispute quickly, without the imposition of the binding arbitration order. 30. Article 1 of the procedures for the settlement of disputes set out in part XV of the Convention. the provisions relating to the settlement of disputes concerning the interpretation or application of this Agreement shall apply mutatis mutandis to any dispute between States parties regardless of whether or not they are parties to the Convention. 2. Set out in part XV of the Convention provisions on settlement of disputes shall apply mutatis mutandis to any dispute between States parties relating to the subregional, regional or global fisheries agreement relating to straddling fish stocks or highly migratory fish stocks, and the interpretation or application of which they are Member States, including any dispute concerning the conservation and management of stocks, regardless of whether they are also parties to the Convention. 3. the procedure for which this agreement has agreed to a Member State and a State party pursuant to article 287 of the Convention shall apply to the settlement of disputes under this part, unless that Member State when signing, ratifying or acceding to the agreement, is not accepted by the other arrangements according to article 287 referred to in this paragraph for the settlement of disputes. 4. the Member State of the agreement, which is not a State, when signing or ratifying this agreement, then joining, or at any time after submitting a written declaration, you can freely choose one or more of the Convention paragraph 1 of article 287 of the types listed in this subparagraph for the settlement of disputes. Article 287 of the Convention to that Declaration, as well as any disputes to which the State is involved and not covered by a declaration in force. In this part of the settlement of disputes referred to the conciliation and arbitration under the Convention, for the purposes of V, VII and VIII of this State has the right to determine the conciliators, arbitrators and experts to be included in annex V, article 2, annex VII, article 2 and article 2 of annex VIII of the lists. 5. The Court or Tribunal which in accordance with this part is transferred to the dispute, to the Convention and the relevant provisions of this agreement, the relevant subregional, regional or global fisheries agreement, as well as generally accepted living marine resource conservation and management standards and other rules of international law, which is not contrary to the Convention, to ensure the sustainability of straddling fish stocks and highly migratory fish stocks. Article 31 provisional measures 1. Pending the settlement of a dispute in accordance with this part, the parties to the dispute shall make every effort to enter into provisional arrangements of a practical nature. 2. Without prejudice to article 290 of the Convention, the Court or Tribunal to which a dispute in accordance with this part is released, may order provisional measures which it considers appropriate in the circumstances to protect the right of the parties to the dispute or to prevent damage to the stocks concerned, as well as article 7, paragraph 5, and article 16, paragraph 2, under the conditions specified. 3. the Member State of the agreement, which is not party to the Convention may declare that, notwithstanding article 290 of the Convention, paragraph 5, of the International Tribunal for the law of the sea does not have the right to establish, modify or revoke provisional measures without the agreement of the country concerned. Article 32 dispute settlement procedures limit the application of this Agreement shall also apply to article 297 of the Convention paragraph 3. Part IX States that are not parties to this agreement article 33 States that are not parties to this agreement 1. Member States shall encourage non-parties to this agreement to become parties and to make them coherent legislation. 2. Member States shall carry out with this agreement and international law, concerted measures to prevent vessels flying the flag of non-parties, from performing actions which undermine the effective implementation of this agreement. The good faith part x and the abuse of Rights article 34 good faith and abuse of right hand in good faith to comply with the commitments made under this agreement and not abused rights recognised in this agreement. Part XI responsibility and liability article 35 responsibility and obligations of the parties under international law is responsible for injury or damage which they have caused in connection with this agreement. Part XII Review Conference article 36 Review Conference 1. four years after the entry into force of this agreement, the Secretary-General of the United Nations shall convene a conference with a view to assessing the effectiveness of this agreement of straddling fish stocks and highly migratory fish stocks, conservation and management measures. The Secretary-General shall invite to the Conference all Member States and those States and entities entitled to become parties to this agreement, as well as intergovernmental and non-governmental organizations entitled to participate as observers. 2. The Conference shall review and assess the adequacy of the provisions of this agreement and, if necessary, propose means of strengthening the substance and methods of implementation of those provisions in order better to address any continuing problems in fisheries for straddling fish stocks and highly migratory fish stocks conservation and management. Part XIII final provisions article 37 signature this agreement is open for signature by all States and other article 1, paragraph 2 (b)) entities referred to, and it remains open for signature at the headquarters of the UN for the 12 months starting on 4 December 1995. Article 38 ratification countries and other article 1 paragraph 2 (b)) entities referred to in this Agreement shall be subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations. Article 39 accession this Agreement shall remain open to accession countries and other article 1, paragraph 2 (b) above). 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 30th instrument of ratification or accession. 2. For each State or entity which ratifies the agreement or accedes thereto after the deposit of the 30th instrument of ratification or accession, this Agreement shall enter into force on the 30th day following the deposit of its instrument of ratification or accession. Article 41 provisional application 1. A State or entity which consents to this provisional application by so notifying the depositary in writing, be applied provisionally. Provisional application shall enter into force from the date of receipt of the notification. 2. Provisional application by a State or entity shall terminate when, on the entry into force of this agreement for that State or entity to the depositary in writing of its intention to terminate provisional application. Article 42 reservations and exceptions this agreement no reservations or exceptions. Article 43 declarations and statements article 42 of this agreement does not preclude a State or other entity, signing, ratifying or acceding to this agreement, to make declarations or statements, regardless of their title or wording, with the purpose, inter alia, to harmonize their national legislation with the provisions of this agreement, provided that this declaration or statement to make sense not to turn off or change the provisions of this agreement, the legal consequences of the application of the relevant country or other entity. 44. Article relationship to other agreements 1. this Agreement shall not alter the rights and obligations of States parties which arise from other agreements compatible with this agreement and which do not affect the enjoyment by other States parties of their rights or the performance of their obligations under this agreement. 2. two or more Member States may conclude agreements which amend or postpone operation of the provisions of this agreement and the applicable only in relations between these countries, provided that such agreements do not relate to a provision derogation from which is incompatible with the objective and purpose of this agreement, effective enforcement, and provided that such agreements do not affect the fundamental principles contained in the agreement and that the provisions of such agreements do not affect the enjoyment by other States parties of their rights or obligations under this agreement. 3. Member States which intend to conclude the agreement referred to in paragraph 2, the depositary of this agreement, the agent shall notify the other Member States of its intention to conclude this agreement and to change or suspension of what it provides. Amendment 45 article 1. Member States shall by written communication addressed to the Secretary-General of the United Nations may propose amendments to this agreement and request the to convene the Conference, proposed amendments. The Secretary-General shall circulate this notification to all States parties. If within six months after the date of circulation of the communication, not less than half of the States parties to request to provide positive response, the Secretary-General shall convene the Conference. 2. Decision-making procedures in accordance with paragraph 1 of the amendment conference convened shall be the same as the UN Conference on straddling and highly migratory fish stocks in the applicable order, unless the Conference decides otherwise. The Conference in every way should endeavour to reach agreement on amendments to the consensus, and votes on them would be only if the consensus is not in any way possible. 3. Once adopted, amendments to the 12 months are open for signing by the States United Nations Headquarters unless the same amendment provides otherwise. 4. All amendments to this agreement, it shall apply 38, 39, 47 and 50. 5. amendments to this agreement, the Member States that ratify or accede to them, shall enter into force on the thirtieth day after the deposit of instruments of ratification or accession have been submitted by two thirds of the Member States. After you have deposited a certain number of instruments of ratification, that each Member State ratifying or acceding to the following amendment, the amendment shall enter into force on the thirtieth day following the deposit of the instrument of ratification or accession. 6. An amendment may provide that to take effect, you need a smaller or a larger number of ratifications or accession than specified in this article. 7. A State which becomes a party to this agreement after the entry into force of the amendments in accordance with paragraph 5, unless it is expressed different intentions: a) consider this agreement as so amended; (b) not amended) shall be considered part of the agreement with respect to any Member that is not binding. Article 46 denunciation 1. Member States shall by written notification to the Secretary-General of the United Nations may denounce this agreement and may indicate its reasons. To indicate reasons shall not affect the validity of the denunciation. Denunciation shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date. 2. The denunciation shall not in any way affect the duty of any State party to fulfil any obligation embodied in this agreement to which it would be subject under international law independently of this agreement. 47. Article 1 membership of international organisations. If the Convention Annex IX referred to in article 1 of the international organization is not competent in all matters regulated by this agreement, this international Organization membership agreement shall apply mutatis mutandis to annex IX of the Convention, except for the following provisions of that Annex: a) the first sentence of article 2, article 3 (b)) 1. 2. If the Convention Annex IX referred to in article 1 of the international organization has competence over all the matters governed by this agreement, the membership agreement, the following provisions: (a)) signature of, or accession to, the point of this organization must provide a statement that (i)) that it has competence over all the matters governed by this agreement, (ii)) for this reason, the Member States shall not become States, except in respect of their territories for which the international organization is not responding , III) it assumes the rights and obligations of States under this agreement; (b) participation in this international organization) in no case does not grant any rights of the international organization of its Member States in accordance with this agreement; (c)) if the international organization under this agreement and is contrary to its obligations under the international agreement establishing the international organisation or any acts relating to it, the operative's obligations under this agreement. Article 48 annexes 1. annexes form an integral part of this agreement and, unless expressly provided otherwise, a reference to this agreement or any part of it is also a reference to the relevant annexes. 2. Member States may periodically review attachments. The review is based on scientific and technical considerations. Notwithstanding the provisions of article 45, if a change in Member States meeting the annex shall be adopted, in the absence of consensus, they include in this agreement and its entry into force or from the date of adoption of the additional days that you can identify the amendments. If the changes in this meeting adopted by consensus, the amendment laid down in article 45. Article 49 depositary of this agreement and its amendments, or changes the depositary is the Secretary-General of the United Nations. Article 50 authentic texts this agreement is equally authentic texts the Arabic, Chinese, English, French, Russian and Spanish. In witness thereof, the undersigned, being duly authorised thereto, have signed this agreement. Opened for signature in New York, one thousand nine hundred and ninety-five on December 4 as one of the original Arabic, Chinese, English, French, Russian and Spanish. Annex I standard requirements for the collection and exchange of information article 1 General principles 1. Timely information collection, compilation and analysis is essential to effectively conserve and manage straddling and highly migratory fish stocks. Therefore, it is required to collect and compile information from the fishery stocks on the high seas and in areas under national jurisdiction, and it should be done so as to allow the statistical analysis of the importance of fisheries conservation and management purposes. These data include catch and fishing effort statistics, and other fisheries-related information, such as information relating to vessels and other data standardization effort. The information collected must also include data on by-catch species and fishing related or dependent species. All information should be verified to ensure its accuracy. Ensure the confidentiality of the information collected. This information shall be made in accordance with the terms and conditions on which it is intended to provide. 2. Developing countries will provide assistance, including training, as well as financial and technical assistance to enhance their capacity to maintain and manage living marine resources. Assistance should focus on developing capacity in implementing the data collection and verification, observer programmes, information analysis and research projects to help inventory assessment. As greater involvement of developing country scientists and managers of the straddling fish stocks and highly migratory fish stocks conservation and management. Article 2 data collection, compilation and exchange of information, the principles establishing the collection, compilation and Exchange parameters on straddling and highly migratory fish stocks, taking account of the following general principles: (a)) States should ensure that information is collected from vessels flying their flag on fishing activities according to each type of fishing operation characteristics (for example, for each individual, each hauls longlines or sack eviction the quantities of each catch with hooks, and for each day that fishing with trolling and sufficient detail to facilitate effective stock assessment; (b)) States should ensure that fishery data are verified through an appropriate system; c) countries should collect data relating to fishing and other complementary scientific data in the prescribed form and be submitted in a timely manner to the relevant subregional or regional fisheries management organisation or arrangement, if any. If not, countries should cooperate to exchange information directly or through other cooperative mechanisms on which they can agree; (d)) States through subregional or regional fisheries management organisations or arrangements, or otherwise, would be to agree on the specification of data and the format in which they are to be provided in accordance with this annex and taking into account the stock and the characteristics of these stocks the fishing area concerned. To such organisations or arrangements should request non-members or members of it to provide information concerning relevant fishing activities by vessels flying their flag; e) these organizations or forums to collect information and timely manner and in the prescribed form shall make it available to all interested States under the organization or arrangement established rules and conditions; and (f)) scientists of the flag State and from the relevant subregional or regional fisheries management organization or arrangement should jointly or separately to analyse these data. Article 3 basic fishery 1. States shall collect and make available to the relevant subregional or regional fisheries management organisation or arrangement the following types of data in sufficient detail to facilitate effective stock assessment in accordance with agreed procedures: (a) the periods of time) catch and effort by fishery and fleet; (b)) total catch-number, nominal weight, or both, by species (the target species and by-catch species) as is appropriate to each fishery. (The food and Agriculture Organisation of the United Nations has determined that the nominal weight of catch landed in the live weight equivalent); c) statistics on discards where appropriate, including the assessment, expressed as number or nominal weight by species, as is appropriate to each fishery; d) each fishery effort statistics appropriate; e) fishing location, date and time, as well as, if necessary, other statistics on fishing operations. 2. States, if necessary, submit to the relevant collection and subregional or regional fisheries management organisation or arrangement information to help inventory valuation, including the composition of catches by a) length, weight and sex; (b)) other biological information that helps inventory assessment, such as information on age, growth, additions, distribution and stock identity; and (c)) other relevant research, including accounting, quantifying biomass and velocity sonar records, research on environmental factors affecting stock size, and oceanographic and ecological studies. Article 4 data and information about ships 1. States should collect the following vessels related data for standardising fleet composition and vessel fishing power, as well as to mutually convert different effort measures for analyzing catch and effort data: (a) vessel identification, flag) and port of registry; b) type of vessel; (c) vessel specifications) (for example, the material from which it is built, year of construction, registered length, gross registered tonnage, power of main engines, tank size and catch storage methods); d) fishing gear description (e.g., types, gear specifications and quantity). 2. the flag State will collect the following information: a) the navigation and location; b) communication equipment and international radio call sign of the mark; (c) crew size). Article 5 reporting State shall ensure that vessels flying its flag, often enough, according to national requirements and regional or between folksy commitments, sends the national fisheries administration and, where agreed also to the relevant subregional or regional fisheries management organization data from logbook catch and effort, including data on fishing operations on the high seas. This data, if necessary, by radio, telex, facsimile or satellite transmission or by other means. Article 6 information for States or, where appropriate, subregional or regional fisheries management organisation or arrangement, are developing such mechanisms for verifying fishery data: a) location with vessel monitoring systems; b) scientific observer programmes to monitor catch, effort, catch composition (target and non-target species) and other indicators of fishing activities; (c) reports of the vessel's voyage), unloading and reloading to another vessel; d) port sampling. Article 7 data exchange 1. Flag States with the appropriate district or regional bottom fisheries management organization or arrangement shall exchange, through the data collected with other flag States and relevant coastal States. These organizations or forums in a timely and coherent form collects data and make them available to all interested countries in accordance with these organizations and forums developed terms and conditions, at the same time, maintaining the confidentiality of non-aggregated data. These organizations and forums should as far as possible to establish a database system that allows efficient data access. 2. the global level, collection and dissemination of data is carried out by the food and Agriculture Organization of the United Nations. Where there is no subregional or regional fisheries management organization or arrangement, that organization may also do the same subregional or regional level, in agreement with the countries concerned. Annex II guidelines for the APPLICATION of precautionary reference points for STRADDLING fish stocks and highly migratory fish stocks conservation and management, 1. precautionary reference point is an estimated value derived through an approved scientific procedure, which corresponds to the position of resource and fishery. It can be used as a guideline for the management of the fishery. 2. Should use two types of precautionary reference points in conservation or border: milestones and management, or target, reference points. Limit reference points determine the frame designed to hold harvesting within safe biological limits, in which stocks can provide the maximum sustainable catch. Target reference points are intended to achieve the management goals. 3. precautionary reference points should be used for each individual item to, inter alia, to the reproduction capacity, flexibility, and each item represents the nature of fishing items, as well as other causes of mortality and major sources of uncertainty. 4. Management the aim of the strategy is to try to save or restore the stock population and, where necessary, associated or dependent species populations from them at a level that corresponds to a predefined set of precautionary reference points. These reference points used to start advance conservation and management actions. Management strategy also includes measures that can be implemented when precautionary reference points is nearly achieved. 5. Fishery management strategies shall ensure that the limit reference point for the exceedance probability is very small. If stocks fall below the limit reference point or there is a risk that they may fall below this limit reference point should be initiated conservation and management actions to promote stock recovery. Fishery management strategies shall ensure that the average is not exceeded the target reference point level. 6. When information for determining reference points for a fishery is not sufficient or not present at all, provisional reference points. Provisional reference points can be determined by analogy with the similar and better-known stocks. In such situations, fisheries to enhanced monitoring in order to allow for the review of interim milestones, when better information is available. 7. the level of fishing mortality, from which are derived the maximum sustainable catch, should be regarded as the minimum standard, setting limit reference points. For items that are not overfished, fishery management strategies shall ensure that fishing mortality does not exceed the level corresponding to the maximum sustainable catches, and that the biomass does not fall below a predetermined threshold. For overfished stocks, as restore target can use biomass, which ensure maximum sustainable catch. (B) the annex to the Declaration on the European Community's competence with respect to matters governed by the agreement on 10 December 1982 the United Nations Convention on the law of the Sea relating to straddling fish stocks and highly migratory fish stocks conservation and management (declaration under article 47 of the agreement), the agreement on 1 United Nations Convention on the law of the Sea relating to straddling fish stocks and highly migratory fish stocks and the conservation and management of article 47, paragraph 1 provides for the that if the Convention Annex IX referred to in article 1 of the international organization is not competent in all matters covered by the agreement, this international organization's participation in the agreement shall apply mutatis mutandis to annex IX of the Convention (with the exception of the first sentence of article 2 and article 3, paragraph 1). 2. The Member States of the community is currently in the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland. 3. The agreement on United Nations Convention on the law of the Sea relating to straddling fish stocks and highly migratory fish stocks conservation and management under the European Community competence, apply to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down therein, in particular article 227 of the Treaty. 4. The Declaration shall not apply in the territories of the Member States in which the said Treaty does not apply and is without prejudice to decisions or positions by the Member States pursuant to the agreement can accept this on behalf of and in the interest of the territory. I. issues where the community has exclusive competence 5. Stresses that the community, the Member States have transferred competence to it with regard to the conservation of living marine resources and management. In this area, therefore, adequate legislation (which provide Member States) adopted by the community within the limits of their jurisdiction and enter into external undertakings with third States or competent organisations. This competence applies to national fisheries jurisdiction in the waters and on the high seas. 6. The community has the competence which govern international law to the flag State of the ship is granted, to fix the sea measures for the conservation and management of fishery resources applicable to vessels flying the flag of a Member State, and to ensure that Member States adopt provisions to implement the measures. 7. However, the measures applied to masters of fishing vessels and other officials, such as service permission to reject, or deprivation of liberty for a time, the competence of the Member States in accordance with their national legislation. Measures relating to the jurisdiction of the flag State over its vessels on the high seas, in particular, provisions such as those relating to control of fishing vessels and the transfer by States other than the flag States of the vessels, the international cooperation for enforcement and control recovery over their vessels within the competence of the Member States in accordance with Community law. II. Issues that has both the community and its Member States 8. Both the community and its Member States have a shared competence in such matters contained in the agreement: the needs of developing countries, scientific research, port-State measures and measures adopted in respect of non-district fisheries management organization members and are not parties to this agreement. Both the community and its Member States apply the following provisions:-General provisions (article 1, 4 and 34 to 50 article.)-dispute settlement: (part VIII). Annex c explanatory declaration, which the community and its Member States, must be deposited when ratifying agreements 1. the European Community and its Member States understand that the terms ' geographical particularities ', ' subregional or regional particularities "," socio-economic, geographical and environmental factors ', ' natural characteristics of that sea ' or other similar terms used in relation to a geographical area does not affect the rights and obligations of States under international law. 2. the European Community and its Member States understand that none of the provisions of this Agreement shall not be interpreted so that it is contrary to the principle of freedom of the high seas, which is recognized in international law. 3. the European Community and its Member States understand that the term ' States whose nationals fish on the high seas, "do not create new grounds of jurisdiction based on the nationality of the persons that fish on the high seas, bypassing the flag State jurisdiction. 4. the agreement gives countries the right to maintain or apply unilateral measures during the transitional period, as referred to in article 21, paragraph 3. After this period, if no agreement is reached, States act only in accordance with the 21 and 22 of the agreement, the provisions of article. 5. as regards the application of article 21, the European Community and its Member States understand that, when a flag State declares that it shall, in accordance with article 19 is going to use his powers in respect of fishing vessels flying its flag, the authorities of the inspecting State in relation to that ship shall not take any further action under article 21. Disputes in connection with this matter settled in accordance with part VIII of the agreement provisions. The State can not be used in this type of dispute for control over vessels flying its flag do not. European Community and its Member States shall furthermore considered that the word "unlawful" in article 21 of the agreement 18 explains the whole Agreement and, in particular, its article 4 and 35. 6. the European Community and its Member States reiterate that all States shall refrain in their relations from the threat or use of force in accordance with the General principles of international law, the Charter of the United Nations and the United Nations Convention on the law of the sea. The European Community and its Member States, moreover, emphasises that the application of force, as referred to in article 22, is an exceptional measure which should be based on the stingāk with the principle of proportionality, and that it abuses the inspecting State brings an international responsibility. All disobedience cases resolved peacefully and in accordance with the applicable dispute resolution procedures. The European Community and its Member States further believes that the terms and conditions for boarding and inspection should be further developed in the district and the subregional fisheries conservation and management organizations and forums in accordance with the relevant principles of international law. 7. the European Community and its Member States understand that the application of article 21, 6, 7 and 8 article, the flag State may rely on their own legal system requirements, under which law enforcement authorities have to decide whether to call the perpetrators to account, or not, taking into account all the circumstances of the case. Decisions of the flag State in accordance with the above requirements is not perceived as not responding or not handling.
Annex 2 agreement for the implementation of the provision of the United Nations Convention on the Law of the sea of 10 December 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks in the States parties TO this agreement, RECALLING the relevant provision of the United Nations Convention on the Law of the sea of 10 December 1982 , DETERMINED to ensur the long-term conservation and sustainable use of straddling fish stocks and highly migratory fish stocks, RESOLVED to improve cooperation between States to that end, CALLING for more effective enforcement by flag States, port States and coastal States of the conservation and management measure adopted for such stocks, of SEEKING to address in particular the problems identified in Chapter 17 the program area C, of Agenda 21 adopted by the United Nations Conference on environment and development, namely, that the management of high seas fisheries is inadequat in many areas and that some resources with over-used; noting that there are problems of unregulated fishing, over-capitalisation, fleet size of excessiv, vessel reflagging to escape controls, insufficiently selective gear, unreliabl databases and lack of sufficient cooperation between States, COMMITTING themselves to responsible fisheries, is conscious of the need to avoid adverse impacts on the marine environment, preserve biodiversity, maintain the integrity of marine ecosystems and the minimis risk of long-term or irreversibl effects of fishing operations , RECOGNISING the need for specific assistance, including financial, scientific and technological assistance, in order that developing States can effectively participat in the conservation, management and sustainable use of straddling fish stocks and highly migratory fish stocks, CONVINCED that the United Nations agreement for the implementation of the relevant provision of the Convention would best serve these purpose and contribute to the maintenance of international peace and security , AFFIRMING that matters not regulated by the Convention or by this agreement continue to be governed by the rules and principles of general international law, have AGREED AS follows: part I GENERAL PROVISION article 1 use of terms and scope For the purpose of 1 of this agreement: (a) ' Convention ' means the United Nations Convention on the Law of the sea of 10 December 1982; (b) ' conservation and management measure ' means "to conserve and manage one or more species of living marine resources that are adopted and applied consistent with the relevant rules of international law as reflected in the Convention and this agreement; (c) ' fish ' includes the Mollusca and except those belonging to the crustacean to sedentary species as defined in article 77 of the Convention; and (d) through the ' means ' a cooperative mechanism established in accordanc with the Convention and this agreement by two or more States for the purpose, inter alia, of establishing conservation and management measure in a subregion or region for one or more straddling fish stocks or highly migratory fish stocks. 2. (a) ' States parties ' means States which have consented to be bound by this agreement and for which this agreement is in force. (b) this agreement applies mutatis mutandis: (i) to any entity referred to in article 305 (1) (c), (d) and (e), of the Convention and (ii) subject to article 47, to any entity referred to as an ' international organisation ' in Annex IX, article 1, of the Convention which become a Party to this agreement, and to that exten ' States parties ' refer to those entities. 3. This agreement applies mutatis mutandis to other fishing entities whose vessel to fish on the high seas. Article 2 objective the objective of this agreement is to ensur the long-term conservation and sustainable use of straddling fish stocks and highly migratory fish stocks through effective implementation of the relevant provision of the Convention. Article 3 Application 1. Unless otherwise provided in this agreement applies to the conservation and management of straddling fish stocks and highly migratory fish stocks beyond areas under national jurisdiction, except that the articles 6 and 7 apply also to the conservation and management of such stocks within areas under national jurisdiction, subject to the different legal regime in that area under the national jurisdiction of the apply within and beyond national jurisdiction in areas as provided for in the Convention. 2. In the exercise of its sovereign rights for the purpose of exploring and exploiting, conserving and managing straddling fish stocks and highly migratory fish stocks within areas under national jurisdiction, the coastal State shall apply mutatis mutandis the general principles enumerated in article 5.3. States shall give due considerations to the internal audit capacities of developing States to the respectiv to apply articles 5 6 and 7, within areas under national jurisdiction and their need for assistance as provided for in this agreement. To this end, part VII applies mutatis mutandis in respect of areas under national jurisdiction. Article 4 Relationship between this agreement and the Convention Nothing in this Agreement shall prejudice the rights, jurisdiction and duties of States under the Convention. This agreement shall be interpreted and applied in the context of and in a manner consistent with the Convention. Part II CONSERVATION AND management OF STRADDLING FISH STOCKS AND HIGHLY MIGRATORY FISH stocks article 5 General principles In order to conserve and manage straddling fish stocks and highly migratory fish stocks, coastal States and States fishing on the high seas shall, in giving effect to their duty to cooperate in accordanc with the Convention: (a) to measure their adop ensur long-term sustainability of straddling fish stocks and highly migratory fish stocks and promote the objective of their optimum utilisation; (b) that such measure ensur with based on the best scientific evidence available and are designed to maintain or restore stocks at levels capable of producing maximum sustainable yield, as qualified by relevant environmental and economic factors by, including the special requirements of developing States, and taking into account fishing patterns, the interdependenc of stocks and any generally recommended international minimum standards subregional, regional or global, whethers; (c) apply the banks approach in accordanc with article 6; (d) assess the impacts of fishing, other human activities and environmental factors on target stocks and species belonging to the same ecosystem or associated with or dependent on the target stocks; (e) where no cessary to adop, conservation and management measure for species belonging to the same ecosystem or associated with or dependent on the target stocks, with a view to maintaining or restoring the population of such species above levels at which their reproduction may become seriously threatened; (f) the pollution, emissions trading minimis, discard, catch by lost or abandoned gear, catch of non-target species, both fish and non-fish species, (hereinafter referred to as ' non-target species ') and impacts on associated or dependent species, in particular endangered species, through the measure including the exten to practicabl it, the development and use of selective, environmentally safe and cost-effective fishing gear and techniques; (g) protect biodiversity in the marine environment; (h) take a measure to prevent overfishing and excess by eliminat or fishing capacity and to ensur that levels of fishing effort do not exceeds 100 those commensurat with the sustainable use of fishery resources; (i) take into account the interests of artisanal and subsistenc-fisher; (j) collect and share, in a timely manner, complete and accurate data concerning fishing activities on, inter alia, vessel position, catch of target and non-target species and fishing effort, as set out in Annex I, as well as information from national and international research programmes; (k) promote and conduct scientific research and develop appropriate technologies in support of fishery conservation and management, and (l) implementations and enforce conservation and management through the effective monitoring of the measure, control and surveillance. Article 6 Application of the banks approach 1. States shall apply the banks approach widely to conservation, management and exploitation of straddling fish stocks and highly migratory fish stocks in order to protect the living marine resources and preserve the marine environment. 2. States shall be more caution when information is uncertain, or the inad unreliabl quat. The absence of adequat is scientific information shall not be used as a reason for postponing or failing to take conservation and management measure. 3. In implementing the banks approach, States shall: (a) improve decision-making for fishery resource conservation and management by obtaining and sharing the best scientific information available and implementing improved techniques for dealing with risk and uncertainty; (b) apply the guidelines set out in Annex II and determin, on the basis of the best scientific information available, stock-specific reference points and the action to be taken if they are exceeded; (c) take into account, inter alia, to relating to the uncertaint size and productivity of the stocks, reference points, stock condition in relations to such reference points, levels and distribution of fishing mortality and the impact of fishing activities on non-target and associated or dependent species, as well as existing and predicted oceanic, environmental and socioeconomic conditions, and (d) develop data-collection and research programmes to assess the impact of fishing on non-target and associated or dependent species and their environment , and plans which the adop-cessary to ensur not the conservation of such species and to protect habitats of special concern. 4. the State shall take measure to ensur that, when reference points are approached, they will not be exceeded. In the event that they are exceeded, States shall, without delay, take the action determined under paragraph 3 (b) to restore the stocks. 5. Where the status of target stocks or non-target or associated or dependent species is of concern, States shall subject such stocks and species to enhanced monitoring in order to review their status and the efficacy of conservation and management measure. They shall revisit the measure of those regularly in the light of new information. 6. For new or exploratory fisheries, States shall adop as soon as possible to the conservation and management measure cautio, including, inter alia, catch limits and effort limits. Such measure shall remain in force until the there are sufficient data to allow assessment of the impact of the fisheries on the long-term sustainability of the stocks, whereupon conservation and management measure based on the assessment of shall be implemented. The measure of the latter shall, if appropriate, allow for the gradual development of the fisheries. 7. If a natural phenomenon has a significant adverse impact on the status of straddling fish stocks or highly migratory fish stocks, States shall adop conservation and management measure on an emergency basis to ensur that fishing activity does not exacerbat of such adverse impact. States shall also be such an adop measure on emergency basis where fishing activity presents a serious threat to the sustainability of such stocks. An emergency measure taken on the basis shall be temporary and shall be based on the best scientific evidence available. Article 7 Compatibility of conservation and management measure 1. Without prejudice to the sovereign rights of coastal States for the purpose of exploring and exploiting, conserving and managing the living marine resources within areas under national jurisdiction as provided for in the Convention, and the right of all States for their nationals to engage in fishing on the high seas in accordanc with the Convention : (a) with respect to straddling fish stocks, the relevant coastal States and the States whose nationals fish for such stocks in the adjacent high seas area shall be seek, either directly or through the appropriate mechanisms for cooperation provided for in part III, to agree upon the measure not cessary for the conservation of these stocks in the adjacent high seas area a; (b) with respect to highly migratory fish stocks, the relevant coastal States and other States whose nationals fish for such stocks in the region shall cooperate, either directly or through the appropriate mechanisms for cooperation provided for in part III, with a view to ensuring conservation and promoting the objective of optimum utilisation of such stocks throughout the region, both within and beyond the areas under national jurisdiction. 2. Conservation and management measure "of for the high seas and those adopted for areas under national jurisdiction shall be compatible in order to ensur the conservation and management of straddling fish stocks and the highly migratory fish stocks in their entirety. To this end, coastal States and States fishing on the high seas have a duty to cooperate for the purpose of achieving compatible measure in respect of such stocks. In determining compatible conservation and management measure, States shall: (a) take into account the conservation and management of the measure adopted and applied in accordanc with article 61 of the Convention in respect of the same stocks by coastal States within areas under national jurisdiction and ensur that measure established in respect of such of the stocks for the high seas do not undermin the effectiveness of such measure; (b) take into account previously agreed measure of established and applied for the high seas in accordanc with the Convention in respect of the same stocks by relevant coastal States and States fishing on the high seas; (c) take into account previously agreed measure of established and applied in accordanc with the Convention in respect of the same stocks by a subregional or regional fisheries management organisation or through; (d) take into account the biological unity and other biological characteristics of the stocks and the relationships between the distribution of the stocks, the fisheries and the location to particularit of the region concerned, including the exten to which the stock is fished and occure in areas under national jurisdiction; (e) take into account the respectiv» dependenc of the coastal States and the States fishing on the high seas on the stocks concerned, and (f) such measure of ensur that do not result in harmful impact on the living marine resources as a whole. 3. In giving effect to their duty to cooperate, States shall make every effort to agree on compatible conservation and management measure within a reasonable period of time. 4. If agreement can be reached from within a reasonable period of time, any of the States concerned may invoke the procedures for the settlement of the dispute provided for in part VIII. 5. Pending agreement on compatible conservation and management measure, the States concerned, in a spirit of understanding and cooperation, shall make every effort to enter into provisional arrangements of a practical nature. In the event that they are unable to agree on such arrangements, any of the States concerned may, for the purpose of obtaining provisional measure, submit the dispute to a court or tribunal in accordanc with the procedures for the settlement of the dispute provided for in part VIII. 6. Provisional arrangements or entered into on or "prescribed pursuan to paragraph 5 shall take into account the provision of this part , shall have due regard to the rights and obligations of all States concerned, shall not jeopardiz or hamper the reaching of final agreement on compatible conservation and management measure and shall be without prejudice to the final outcome of any dispute settlement procedure. 7. Coastal States shall regularly inform States fishing on the high seas in the subregion or region, either the directly or through appropriate subregional or regional fisheries management organisations or arrangements, or through other appropriate means, of the measure's they have adopted for straddling fish stocks and highly migratory fish stocks within areas under their national jurisdiction. 8. States fishing on the high seas shall regularly inform other interested States, either directly or through appropriate subregional or regional fisheries management organisations or arrangements, or through other appropriate means, of the measure's they have adopted for regulating the activities of the vessel flying their flag which fish for such stocks on the high seas. On the mechanisms FOR INTERNATIONAL COOPERATION III CONCERNING STRADDLING FISH STOCKS AND HIGHLY MIGRATORY FISH stocks article 8 Cooperation for conservation and management of the Coastal State 1 and States fishing on the high seas shall, in accordanc with the Convention, the cooperation in relations to pursu straddling fish stocks and highly migratory fish stocks either directly or through appropriate subregional or regional fisheries management organisations or arrangements for , taking into account the specific characteristics of the subregion or region of their effective conservation and by ensur management of such stocks. 2. States shall enter into consultation in good faith and without delay, particularly where there is evidence that the straddling fish stocks and highly migratory fish stocks concerned may be under threat of overexploitation or where a new fishery is being developed for such stocks. To this end, consultation may be initiated at the request of any interested State with a view to establishing appropriate arrangements for the conservation and management of ensur of the stock. Pending agreement on such arrangements, States shall observe the provision of this agreement and shall act in good faith and with due regard to the rights, interests and duties of other States. 3. Where a subregional or regional fisheries management organisation or through has the competence to establish conservation and management of straddling fish stock "for particular highly migratory fish stock or, States fishing for the stocks on the high seas and relevant coastal States shall give effect to their duty to cooperate by becoming members of such organisation or participants in such a through , or by agreeing to apply the conservation and management of established by such organisation or measure through. States having a real interest in the fisheries concerned may become members of such organisation or participants in such through. The terms of participation in such organisation or through the preclud of such notes shall States from membership or participation; nor shall they be applied in a manner which the discriminat against any State or group of States having a real interest in the fisheries concerned. 4. Only those States which are members of such an organisation or participants in such an through, or which agree to apply the conservation and management of established by such organisation or "through, shall have access to the fishery resources to which those measure apply. 5. Where there is no subregional or regional fisheries management organisation or to establish through conservation and management measure of for a particular straddling fish stock or highly migratory fish stock, relevant coastal States and States fishing on the high seas for such stock in the subregion or region shall cooperate to establish such an organisation or enter into other appropriate arrangements for the conservation and management of ensur of such stock and shall participat in the work of the organisation or through the. 6. Any State intending it proposes that action be taken by an intergovernmental organisation having competence with respect to living resources should, where such action would have a significant effect on conservation and management of the already established by a competent "a subregional or regional fisheries management organisation or through the consul through that organisation or through with its members or participants. To the exten to practicabl, such consultation should take place prior to the submission of the proposal to the intergovernmental organisation. Article 9 Subregional and regional fisheries management organisations and arrangements 1. In establishing subregional or regional fisheries management organisations or in entering into subregional or regional fisheries management arrangements for straddling fish stocks and highly migratory fish stocks, States shall agree, inter alia, on: (a) the stocks to which conservation and management measure apply, taking into account the biological characteristics of the stocks concerned and the nature of the fisheries involved; (b) the area of application, taking into account article 7 (1), and the characteristics of the subregion or region, including socioeconomic, location and environmental factors; (c) the relationship between the work of the new organisation or through the role, and the objective and operations of any relevant existing fisheries management organisations or arrangements, and (d) the mechanisms by which the organisation or through the will obtain scientific advice and review the status of the stocks, including, where appropriate, the establishment of a scientific advisory body. 2. States cooperating in the formation of a subregional or regional fisheries management organisation shall notify the others through the or States which they are aware have a real interest in the work of the proposed organisation or through the cooperation of such. Article 10 functions of subregional and regional fisheries management organisations and arrangements In fulfilling their obligation to cooperate through subregional or regional fisheries management organisations or arrangements, States shall: (a) agree on and comply with conservation and management measure to ensur the long-term sustainability of straddling fish stocks and highly migratory fish stocks; (b) agree, as appropriate, on participatory rights such as allocations of allowabl level of the catch or fishing effort; (c) apply any generally recommended adop and international minimum standards for the responsible conduct of fishing operations by; (d) obtain and evaluate scientific advice, review the status of the stocks and assess the impact of fishing on non-target and associated or dependent species; (e) agree on standards for collection, reporting, verification and exchange of data on fisheries for the stocks; (f) compile and disseminat is accurate and complete statistical data, as described in Annex I, to ensur that the best scientific evidence is available, while maintaining confidentiality where appropriate; (g) promote and conduct scientific assessments of the stocks and relevant research and the results thereof disseminat; (h) establish appropriate cooperative mechanisms for effective monitoring, control, surveillance and enforcement; (i) agree on means by which the fishing interests of new members of the organisation or new participants in the through will be accommodated; (j) agree on the decision-making procedures which the adoption of facilitat conservation and management measure in a timely and effective manner; (k) promote the peaceful settlement of dispute in accordanc with part VIII; (l) ensur the full cooperation of their relevant national agencies and industries in implementing the recommendations and decisions of the organisation or through the, and (m) give due publicity to the conservation and management measure "by the organisation of the or through the. Article 11 New members or participants In determining the nature of participatory rights and exten for new members of a subregional or regional fisheries management organisation, or for new participants in a subregional or regional fisheries management through, States shall take into account, inter alia: (a) the status of the straddling fish stocks and highly migratory fish stocks and the existing level of fishing effort in the fishery; (b) the pattern of interests, respectiv fishing and fishing practices of new and existing members or participants; (c) the contributions of the new respectiv and existing members or participants to conservation and management of the stocks, to the collection and provision of accurate data and to the conduct of scientific research on the stocks; (d) the needs of coastal fishing communities which are dependent mainly on fishing for the stocks; (e) the needs of coastal States whose economies are overwhelmingly dependent on the exploitation of on the living marine resources, and (f) the interests of developing States from the subregion or region in whose areas of national jurisdiction the stocks also occure. Article 12 Transparency in activities of subregional and regional fisheries management organisations and arrangements 1. States shall provide for transparency in the decision-making process and other activities of subregional and regional fisheries management organisations and arrangements. 2. Representatives from other intergovernmental organisations and representatives from non-governmental organisations concerned with straddling fish stocks and highly migratory fish stocks shall be afforded the opportunity to take part in meetings of subregional and regional fisheries management organisations and arrangements as observer or otherwise, as appropriate, in accordanc with the procedures of the organisation or through the concerned. Such procedures shall not be unduly restrictive in this respect. Such intergovernmental organisations and non-governmental organisations shall have timely access to the records and reports of such organisations and arrangements, subject to the procedural rules on access to them. Article 13 Strengthening of existing organisations and arrangements of States shall cooperate to strengthen existing subregional and regional fisheries management organisations and arrangements in order to improve their effectiveness in establishing and implementing conservation and management of straddling fish stocks "for and highly migratory fish stocks. Article 14 Collection and provision of information and cooperation in scientific research 1. States shall ensur that fishing vessel flying their flag provide such information as may be not in order to fulfil their obligation cessary under this agreement. To this end, States shall in accordanc with Annexe I: (a) collect and exchange scientific, technical and statistical data with respect to fisheries for straddling fish stocks and highly migratory fish stocks; (b) that data to ensur is collected in sufficient detail to facilitat-effective stock assessment and are provided in a timely manner to fulfil the requirements of subregional or regional fisheries management organisations or arrangements, and (c) take the appropriate measure to verify the accuracy of such data. 2. States shall cooperate, either directly or through subregional or regional fisheries management organisations or arrangements: (a) to agree on the specification of data and the format in which they are to be provided to such organisations 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 to improve measure of methodolog for the conservation and management of straddling fish stocks and highly migratory fish stock. 3. Consistent with part XIII of the Convention, States shall cooperate, either directly or through competent international organisations, 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 organisation 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 objective and methods and, to the exten to facilitat practicabl, IR the participation of scientist 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 others relevant to the provision 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 measure 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 measure for such stocks to their article 7 pursuan Measure taken in respect of. 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 measure adopted and applied in respect of of the same stock in accordanc with article 61 of the Convention by the coastal State in the area under national jurisdiction. States shall also agree on measure for monitoring, control, surveillance and enforcement to ensur is compliance with the conservation and management measure in respect of the high seas. 2. the article 8, Pursuan States shall act in good faith and make every effort to agree without delay on conservation and management measure 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 measure of , they shall, having regard to paragraph 1, apply article 7 (4), (5) and (6) relating to provisional arrangements or measure. Pending the establishment of such provisional arrangements or measure, the States concerned shall take the measure in respect of a vessel flying their flag in order that they not engage in fisheries which could undermin the stocks concerned. Part IV NON-members AND NON-participants article 17 Non-members of organisations and non-participants in arrangements 1. A State which is not a member of a subregional or regional fisheries management organisation or is not a participant in a subregional or regional fisheries management through a, and which does not otherwise agree to apply the conservation and management of established by such organisation or "arrangmen a , is not discharged from the obligation to cooperate, in accordanc 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 a vessel flying its authoris flag to engage in fishing operations for the straddling fish stocks or highly migratory fish stocks which are subject to the conservation and management of established by such organisation or measure through. 3. States which are members of a subregional or regional fisheries management organisation or participants in a subregional or regional fisheries management shall, individually or through a jointly, request the fishing entities referred to in article 1 thereof (3) which have a fishing vessel in the relevant area to cooperate fully with such organisation or through the Office in implementing the conservation and management of the measure it has established , with a view to having such measure applied de facto as extensively of the as possible to fishing activities in the relevant area. Such fishing entities shall enjoy benefits from participation in the in the fishery commensurat with their commitment to comply with conservation and management measure in respect of the stock. 4. States which are members of such organisation or participants in such an exchange information through IR with respect to the activities of a fishing vessel flying the flags of States which are not members of the organisation ither nor participants in the through and which are engaged in fishing operations for the relevant stocks. They shall take the measure of consistent with this agreement and international law to deter activities of such vessel in which the effectiveness of undermin subregional or regional conservation and management measure. Part V duties OF the FLAG State article 18 duties of the flag State 1. (A) the State whose vessel to fish on the high seas shall take such measure may not be the axis of the cessary to ensur that vessel flying its flag comply with subregional and regional conservation and management measure and that such vessel do not engage in any activity which undermin the effectiveness of such measure. 2. A State shall authoris the use of vessel flying its flag for fishing on the high seas only where it is able to exercise effectively its responsibilities in respect of such vessel under the Convention and this agreement. 3. Measure to be taken by a State in respect of a vessel flying its flag shall include: (a) control of such vessel on the high seas by mens of fishing licences, authorisation or permit, in accordanc with any applicable procedures agreed at the subregional, regional or global level; (b) establishment of regulations: (i) to apply terms and conditions to the licence, authorisation or permit sufficient to fulfil any subregional, regional or global obligations of the flag State, (ii) the fishing on the prohibi high seas by vessel in which are not duly licensed or authorised to fish, or fishing on the high seas by a vessel otherwise than in accordanc with the terms and conditions of a licence , authorisation or permit, (ii) to require the fishing vessel on the high seas to carry the licence, authorisation or permit on board at all times and to produce it on demand for inspection by a duly authorised person, (iv) to ensur that vessel flying its flag do not conduct unauthorised fishing within areas under the national jurisdiction of other States; (c) establishment of a national record of vessel authorised to fish in saltwater fishing on the high seas and provision of access to the information in that record led on request by directly interested States, taking into account any national laws of the flag State regarding the release of such information; (d) requirements for marking of fishing vessel and fishing gear for identification in accordanc with uniform and internationally recognisabl a vessel and gear marking systems, such as the Food and Agriculture Organisation of the United Nations Standard specifications for the Marking and Identification of Fishing Vessel; (e) requirements for recording and timely reporting of vessel position, catch of target and non-target species, fishing effort and other relevant fisheries data in accordanc with subregional, regional and global standards for collection of such data; (f) requirements for verifying the catch of target and non-target species through such means as observer programmes, inspection schemes, unloading reports, supervision of transhipmen and monitoring of landed catch and market statistics; (g) monitoring, control and surveillance of such vessel, their fishing operations and related activities by, inter alia: (i) the implementation of national inspection schemes and subregional and regional schemes for cooperation in enforcement pursuan to articles 21 and 22, including requirements for such vessel to permit access by duly authorised inspector from other States, (ii) the implementation of national observer programmes and subregional and regional observer programmes in which the flag State is a participant in the , including requirements for such vessel to permit access by the observer from other States to carry out the functions agreed under the programmes, (iii) the development and implementation of vessel monitoring systems, including, as appropriate, satellite transmitter systems, in accordanc with any national programmes and those which have been subregionally, regionally or globally agreed among the States concerned; (h) regulation of transhipmen on the high seas to ensur that the effectiveness of conservation and management measure of access is not undermined; (i) regulation of fishing activities to ensur is compliance with subregional, regional or global measure, including those aimed at minimising the catch of non-target species. 4. Where there is a subregionally, regionally or globally agreed system of monitoring, control and surveillance in effect, States shall ensur that the measure they impost on the vessel flying their flag are compatible with that system. Part VI compliance AND enforcement article 19 compliance and enforcement by the flag State 1. (A) the State shall ensur is compliance by vessel flying its flag with subregional and regional conservation and management of straddling fish stocks "for and highly migratory fish stocks. To this end, that State shall: (a) enforce such measure of where the irrespectiv violation occure; (b) is immediately and fully any alleged investigat violation of subregional or regional conservation and management measure, which may include the physical inspection of the vessel concerned, and to report promptly to the State alleging the violation and the relevant subregional or regional organisation or arrangements on the progress and outcome of the investigation; (c) require any vessel flying its flag to give information to the investigating authority regarding vessel position, catch, fishing gear, fishing operations and related activities in the area of an alleged violation; (d) if satisfied that sufficient evidence is to be available in respect of an alleged violation, refer the case to its authorities with a view to instituting proceedings without delay in accordanc with its laws and, where appropriate, detain the vessel concerned; (e) ensur that, where it has been established, in accordanc with its laws, a vessel has been involved in the commission of a serious violation of such measure, the vessel does not engage in fishing operations on the high seas until such time as all outstanding sanctions imposed by the flag State in respect of the violation have been complied with. 2. All investigations and judicial proceedings shall be carried out expeditiously. Sanctions applicable in respect of a violation shall be adequat in severity to be effective in securing compliance and to the violation of discourag wherever they occure and the offender shall depriv of the benefits accruing from their illegal activities. Measure applicable in respect of masters and other officers of of fishing vessel shall include a provision in which may permit, inter alia, refusal, suspension of authorisation of the withdrawals or serve as masters or officers on such vessel. Article 20 International cooperation in enforcement 1. States shall cooperate, either directly or through subregional or regional fisheries management organisations or arrangements, it is compliance with and ensur enforcement of subregional and regional conservation and management of straddling fish stocks "for and highly migratory fish stocks. 2. A flag State conducting an investigation of an alleged violation of conservation and management of straddling fish stocks "for or highly migratory fish stocks may request the assistance of any other State whose cooperation may be useful in the conduct of that investigation. All States shall endeavour to meet reasonable requests made by (a) the flag State in connection with such investigations. 3. A flag State may by such investigations directly undertak, in cooperation with other interested States or through the relevant subregional or regional fisheries management organisation or through the. Information on the progress and outcome of the investigations shall be provided to all States having an interest in, or affected by, the alleged violation. 4. States shall assist each other in identifying the vessel reported to have engaged in activities undermining the effectiveness of subregional, regional or global conservation and management measure. 5. the States shall, to the exten the permitted by national laws and regulations, establish arrangements for making available to prosecuting authorities in other States evidence relating to alleged violation of such measure. 6. Where there are reasonable grounds for believing that a vessel on the high seas has been engaged in unauthorised fishing within an area under the jurisdiction of a coastal State, the flag State of the vessel, are at the request of the coastal State concerned, shall immediately and fully investigat the matter. The flag State shall cooperate with the coastal State in taking appropriate enforcement action in such cases and may authoris the relevant authorities of the coastal State to board and inspect the vessel on the high seas. This paragraph is without prejudice to article 111 of the Convention. 7. States parties which are members of a subregional or regional fisheries management organisation or participants in a subregional or regional fisheries management through the may take action in accordanc with international law, including through subregional or regional recourses to procedures established for this purpose, it will deter vessel which have engaged in activities which undermin the effectiveness of or otherwise in violat the conservation and management of the organisation established by that measure or through from fishing on the high seas in the subregion or region until such time as appropriate action is taken by the flag State. Article 21 enforcement Subregional and regional cooperation in the 1. In any high seas area covered by a subregional or regional fisheries management organisation or through a State Party which is a member of such organisation or a participant in such a through may, the duly authorised inspector through it, board and inspect, in accordanc with paragraph 2, the fishing vessel flying the flag of another State Party to this agreement, such State Party whethers or not is also a member of the organisation or a participant in the through the , for the purpose of ensuring compliance with conservation and management of straddling fish stocks "for and highly migratory fish stocks established by that organisation or through the. 2. States shall establish, through subregional or regional fisheries management organisations or arrangements, procedures for boarding and inspection pursuan to paragraph 1, as well as procedures to provision of the implementations that other article. Such procedures shall be consistent with this article and the basic procedures set out in article 22 and shall not discriminat against non-members of the organisation or non-participants in the through. Boarding and inspection as well as any subsequent enforcement action, shall be conducted in accordanc with such procedures. States shall give due publicity to the procedure established by this paragraph pursuan. 3. If, within two years of the adoption of this agreement, any organisation or through the established procedure, has not such boarding and inspection pursuan to paragraph 1, as well as any subsequent enforcement action, shall, pending the establishment of such procedures, be conducted in accordanc with this article and the basic procedures set out in article 22 4. Prior to taking action under this article , inspecting States shall, either directly or through the relevant subregional or regional fisheries management organisation or through the informed all States whose vessel to fish on the high seas in the subregion or region of the form of identification issued to their duly authorised inspector. The vessel is used for boarding and inspection shall be clearly marked and identifiabl as being on government service. At the time of becoming a Party to this agreement, a State shall an appropriate authority designat to receive notifications pursuan to this article and shall give due publicity of such designation through the relevant subregional or regional fisheries management organisation or through the. 5. Where, following a boarding and inspection, there are clear grounds for believing that a vessel has engaged in any activity contrary to the conservation and management of the measure referred to in paragraph 1, the inspecting State shall, where appropriate, secure evidence and shall promptly notify the flag State of the alleged violation. 6. The flag State shall responds to the notification referred to in paragraph 5 within three working days of its receipt, or such other period as may be prescribed in procedures established in accordanc with paragraph 2, and shall either: (a) fulfil, without delay, its obligations under article 19 to investigat and, if evidence so warrants, take enforcement action with respect to the vessel , in which case it shall promptly inform the inspecting State of the results of the investigation and of any enforcement action taken; or (b) the inspecting State authoris to investigat ... 7. Where the flag State of the inspecting State authoris it an investigat alleged violation, the inspecting State shall, without delay, communicate the results of that investigation to the flag State. The flag State shall, if evidence so fulfil its equity, obligation to take enforcement action with respect to the vessel. Alternatively, the flag State may authoris the inspecting State to take such enforcement action as the flag State may specify with respect to the vessel, consistent with the rights and obligations of the flag State under this agreement. 8. Where, following boarding and inspection, there are clear grounds for believing that a vessel has committed a serious violation, and the flag State has either failed to responds or failed to take action as required under paragraphs 6 or 7, the inspector may remain on board and secure evidence and may require the master to assist in further investigation including , where appropriate, by bringing the vessel without delay to the ares not the appropriate port, or to such other port as may be specified in procedures established in accordanc with paragraph 2. The inspecting State shall immediately inform the flag State of the name of the port to which the vessel is to proceed. The inspecting State and the flag State and, as appropriate, the port State shall take all steps to ensur cessary not the well-being of the crew regardless_of of their nationality. 9. The inspecting State shall inform the flag State and the relevant organisation or the participants in the relevant through administration of the results of any further investigation. 10. The inspecting State shall require its inspector to observe generally accepted international regulations, procedures and practices relating to the safety of the vessel and the crew, a minimis interference with fishing operations and, to the exten to practicabl, avoid action which would adversely affec the the quality of the catch on board. The inspecting State shall ensur that boarding and inspection is not conducted in a manner that would be of any of the constitut harassmen fishing vessel. 11. For the purpose of this article, a serious violation means: (a) fishing without a valid licence, authorisation or permit issued by the flag State in accordanc with article 18 (3) (a); (b) failing to maintain accurate records of catch and catch-related data, as required by the relevant subregional or regional fisheries management organisation or through, or serious misreporting of catch, contrary to the catch reporting requirements of such organisation or through; (c) fishing in a closed area, fishing during a closed season or fishing without, or after attainmen of, a quota established by the relevant subregional or regional fisheries management organisation or through; (d) directed fishing for a stock which is subject to a museum or for which fishing is moratori prohibited; (e) using prohibited fishing gear; (f) falsifying or concealing the marking, or registration of a fishing vessel identity; (g) concealing, tampering with or disposing of evidence relating to an investigation; (h) multiple violation of which together constitut a serious disregard of conservation and management measure; or (i) such others as may be specified in violation procedures established by the relevant subregional or regional fisheries management organisation or through the. 12. Notwithstanding the other provision of this article, the flag State may, at any time, take action to fulfil its obligations under article 19 with respect to an alleged violation. Where the vessel is under the direction of the inspecting State, the inspecting State shall, at the request of the flag State, release the vessel to the flag State along with full information on the progress and outcomes of its investigation. 13. This article is without prejudice to the right of the flag State to take any measure, including proceedings of the impost penalties, according to its laws. 14. This article applies mutatis mutandis to the boarding and inspection by a State Party which is a member of a subregional or regional fisheries management organisation or a participant in a subregional or regional fisheries management through and which has clear grounds for believing that a fishing vessel flying the flag of another State Party has engaged in any activity contrary to relevant conservation and management measure referred to in paragraph 1 originating in the high seas area covered by such organisation or through, and such vessel has subsequently, during the same fishing trip, entered into an area under the national jurisdiction of the inspecting State. 15. Where a subregional or regional fisheries management organisation or through the established an alternative mechanism which has effectively discharge the obligation under this agreement of its members or participants to ensur is compliance with the conservation and management measure "by the organisation of the or through the members of such organisation or participants in such a through may agree to limit the application of paragraph 1 as between themselves in respect of the conservation and management measure of which have been established in the relevant high seas area. 16. the Action taken by States other than the flag State in respect of the vessel having engaged in activities contrary to subregional or regional conservation and management measure shall be of proportionat to the seriousnes of the violation. 17. Where there are reasonable grounds for suspecting that a fishing vessel on the high seas is without nationality, a State may board and inspect the vessel. Where evidence so warrants, the State may take such action as may be appropriate in accordanc with international law. 18. States shall be liabl for damage or loss arising from attributabl to this action shall be taken to pursuan this article when such action is unlawful or exceeds 100 that reasonably required in the light of available information to implementations that the provision of this article. Article 22 Basic procedures for boarding and inspection pursuan to article 21 1. The inspecting State shall ensur that it will duly authorised inspector: (a) present credentials to the master of the vessel and produce a copy of the text of the relevant conservation and management measure or rules and regulations in force in the high seas area in question, to measure those pursuan; (b) the notice to initiat the flag State at the time of the boarding and inspection; (c) do not interfer with the master's ability to communicate with the authorities of the flag State during the boarding and inspection; (d) provide a copy of a report on the boarding and inspection to the master and to the authorities of the flag State, noting therein any objection or statement which the master wishes to have included in the report; (e) promptly leave the vessel following completion of the inspection if they find from the evidence of a serious violation; and (f) avoid the use of force except when and to the degree it ensur the cessary not safety of the inspector and where the inspector is obstructed in the execution of the of their duties. The degree of force used shall not exceeds 100 that reasonably required in the circumstanc. 2. The duly authorised inspector of an inspecting State shall have the authority to inspect the vessel, its licence, gear, equipment, records, facilities, fish and fish products and any relevant documents to verify compliance with cessary not the relevant conservation and management measure. 3. The flag State shall ensur that vessel masters: (a) accept and facilitat prompt and safe boarding by the inspector; (b) cooperate with and assist in the inspection of the vessel conducted pursuan to these procedures; (c) do not be obstruc intimidat or interfer with the inspector in the performance of their duties; (d) allow the inspector to communicate with the authorities of the flag State and the inspecting State during the boarding and inspection; (e) provide reasonable facilities, including, where appropriate, food and accommodation, to the inspector; (f) the safe facilitat disembarkations by the inspector. 4. In the event that the master of a vessel of the refus accept boarding and inspection in accordanc with this article and article 21, the flag State shall, except in the where clause, in accordanc circumstanc with generally accepted international regulations, procedures and practices relating to safety at sea, it is not to delay the cessary boarding and inspection, direct the master of the vessel to submit immediately to boarding and inspection and , if the master does not comply with such direction, shall suspend the vessel's authorisation to fish and order the vessel to return immediately to port. The flag State shall advise the inspecting State of the action it has taken when the referred to in this of circumstanc paragraph «arise. Article 23 (a) the Measure taken by the port State 1. A port State has the right and the duty to take the measure, in accordanc with international law, to promote the effectiveness of subregional, regional and global conservation and management measure. When taking such a port State measure shall not in form or in fact discriminat against the vessel of any State. 2. A port State may, inter alia, inspect documents, fishing gear and catch on board fishing vessel, when such vessel is voluntarily in it with a port or at an offshore terminal of the ITU. 3. States may to adop regulations empowering the relevant national authorities and the landing is prohibi transhipment where it has been established that the catch has been taken in a manner which undermin the effectiveness of subregional, regional or global conservation and management measure on the high seas. 4. Nothing in this article Lady the exercise by States of their sovereignty over ports in their territory in accordanc with international law. Part VII requirements OF DEVELOPING States article 24 Recognition of the special requirements of developing States 1. States shall give full recognition to the special requirements of developing States in the conservation and management of relations straddling fish stocks and highly migratory fish stocks and development of fisheries for such stocks. To this end, States shall, either directly or through the United Nations development programme, the Food and Agriculture Organisation of the United Nations and other specialised agencies, the Global Environment Facility, the Commission on Sustainable development and other appropriate international and regional organisations and bodies, provide assistance to developing States. 2. In giving effect to the duty to cooperate in the establishment of conservation and management of straddling fish stocks "for and highly migratory fish stocks, States shall take into account the special requirements of developing States, in particular: (a) the vulnerability of developing States which are dependent on the exploitation of living marine resources, including for meeting the nutritional requirements of their population or parts thereof; (b) the need to avoid adverse impacts on, and access to ensur fisheries by, subsistenc, small-scale and artisanal fisher and fishworker women, as well as indigenous Australians are people in developing States, particularly small island developing States; (c) the need to ensur that such measure's do not result in transferring, directly or indirectly, (a) the burden of disproportionat conservation action onto developing States. Article 25 forms of cooperation with developing States 1. States shall cooperate, either directly or through subregional, regional or global organisations: (a) to enhance the ability of developing States, in particular the least-developed among them and small island developing States, to conserve and manage straddling fish stocks and highly migratory fish stocks and to develop their own fisheries for such stocks; (b) to assist developing States, in particular the least-developed among them and small island developing States, to enable them to participat in high seas fisheries for such stocks, including facilitating access to such fisheries subject to articles 5 and 11; (c) the participation of the developing facilitat States in subregional and regional fisheries management organisations and arrangements. 2. Cooperation with developing States for the purpose of set out in this article shall include the provision of financial assistance, assistance relating to human resources development, technical assistance, transfer of technology, including through joint-venture arrangements, and advisory and consultative services. 3. Such assistance shall, inter alia, be directed specifically towards: (a) improved conservation and management of straddling fish stocks and highly migratory fish stocks through collection, reporting, verification, Exchange and analysis of fisheries data and related information; (b) stock assessment and scientific research; (c) monitoring, control, surveillance, compliance and enforcement, including training and capacity-building at the local level, development and funding of national and regional observer programmes and access to technology and equipment. Article 26 Special assistance in the implementation of this agreement 1. States shall cooperate to establish special funds to assist developing States in the implementation of this agreement, including assisting developing States to meet the costs involved in any proceedings for the settlement of the dispute to which they may be parties. 2. States and international organisations should assist developing States in establishing new subregional or regional fisheries management organisations or arrangements, or in strengthening existing organisations or arrangements, for the conservation and management of straddling fish stocks and highly migratory fish stocks. For the PEACEFUL SETTLEMENT OF DISPUTE VIII of article 27 Obligation to settle the dispute by peaceful means States have the obligation to settle their dispute by negotiation, inquiry, by mediation, ACAS, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. Article 28 Prevention of dispute shall cooperate in the States in order to prevent the dispute. To this end, States shall agree on efficient decision-making procedure of expeditio and within subregional and regional fisheries management organisations and arrangements and shall strengthen existing decision-making procedures as not cessary. Article 29 Dispute of a technical nature where a dispute concerns a matter of a technical nature, the States concerned may refer the dispute to an ad hoc expert panel established by them. The panel shall confer with the States concerned and shall endeavour to resolve the dispute expeditiously without recourses to binding procedures for the settlement of the dispute. Article 30 procedures for the settlement of dispute 1. The provision relating to the settlement of the dispute's set out in part XV of the Convention apply mutatis mutandis to any dispute between States parties to this agreement concerning the interpretation or application of this agreement, whethers or not they are also parties to the Convention. 2. The provision relating to the settlement of the dispute out of the set in for the XV of the Convention apply mutatis mutandis to any dispute between States parties to this agreement concerning the interpretation or application of a subregional, regional or global fisheries agreement relating to straddling fish stocks or highly migratory fish stocks to which they are parties, including any dispute concerning the conservation and management of such stocks , whethers or not they are also parties to the Convention. 3. Any procedure accepted by a State Party to this agreement and the Convention pursuan to article 287 of the Convention shall apply to the settlement of the dispute under this part, unless that State Party, when signing, ratifying or acceding to this agreement, or at any time thereafter, has accepted another procedure pursuan to article 287 for the settlement of the dispute under this part (A) 4 State Party to this agreement which is not a Party to the Convention when signing, ratifying or acceding to it in this agreement, or at any time thereafter, shall be free to choose, by means of a written declaration, one or more of the means set out in article 287 (1) of the Convention for the settlement of the dispute under this part shall apply to article 287. such a declaration, as well as to any dispute to which such State is a party which is not covered by a declaration in force. For the purpose of Acas and arbitration in accordanc with Annexe V, VII and VIII to the Convention, such State shall be entitled to nominat the conciliator, arbitrator and experts to be included in the lists referred to in Annex V, article 2, Annex VII, article 2, and Annex VIII, article 2, for the settlement of the dispute under this part Any court or 5. tribunal to which a dispute has been submitted under this part shall apply the relevant provision of the Convention, of this agreement and of any relevant subregional, regional or global fisheries agreement, as well as generally accepted standards for the conservation and management of living marine resources and other rules of international law not incompatibl with the Convention, with a view to ensuring the conservation of the straddling fish stocks and highly migratory fish stocks concerned. Article 31 Provisional measure 1. Pending the settlement of a dispute in accordanc with this part, the parties to the dispute shall make every effort to enter into provisional arrangements of a practical nature. 2. Without prejudice to article 290 of the Convention, the Court or tribunal to which the dispute has been submitted under this part may any provisional measure of prescrib which it would consider appropriate under the circumstanc to preserve the respectiv rights of the parties to the dispute or to prevent damage to the stocks in question, as well as in the referred to in of article circumstanc 7 (5) , and article 16 (2). 3. A State Party to this agreement which is not a Party to the Convention may declare that, notwithstanding article 290 (5), of the Convention, the International Tribunal for the Law of the sea shall not be entitled to modify or revoke the prescrib, provisional measure-without the agreement of such State. Article 32 limitations on applicability of procedures for the settlement of the dispute in the article 297 (3), of the Convention applies also to this agreement. Part IX NON-PARTIES TO this agreement article 33 Non-parties to this agreement 1. States parties shall encourag non-parties to this agreement to become parties and to the adop law theret and regulations consistent with its provision. 2. States parties shall take the measure of consistent with this agreement and international law to deter the activities of a vessel flying the flag of non-parties which undermin the effective implementation of this agreement. GOOD FAITH AND ABUSE of the X OF Rights article 34 Good faith and abuse of rights States parties shall fulfil in good faith the obligations assumed under this agreement is and shall exercise the rights recognised in this agreement in a manner which would not constitut an abuse of right. On the RESPONSIBILITY AND LIABILITY article 35 XI Responsibility and liability of the parties to a liabl State in accordanc with international law for damage or loss attributabl to them in regards to this agreement. On the REVIEW Conference XII 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 conven a conference with a view to assessing the effectiveness of this agreement in securing the conservation and management of straddling fish stocks and highly migratory fish stocks. The Secretary-General shall invite to the Conference all States parties and those States and entities which are entitled to become parties to it in this agreement as well as those intergovernmental and non-governmental organisations entitled to participat as observer. 2. The Conference shall review and assess the adequacy of the provision of this agreement and, if not, proposes a means of cessary strengthening the substance and methods of implementation of those provision in order better to address any continuing problems in the conservation and management of straddling fish stocks and highly migratory fish stocks. On the FINAL PROVISION XIII article 37 signature this Agreement shall be open for signature by all States and the other entities referred to in article 1 a (2) (b), and shall remain open for signature at United Nations Headquarters for 12 months from the 4 December 1995 article 38 Ratification this agreement is subject to ratification by States and the other entities referred to in article 1 a (2) (b). The instruments of ratification shall be deposited with the Secretary-General of the United Nations. Article 39 Accession this Agreement shall remain open for accession by States and the other entities referred to in article 1 a (2) (b). The instrument 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 30th instrument of ratification or accession. 2. For each State or entity which ratif that agreement or accede after the deposit of the theret of the 30th instrument of ratification or accession, this Agreement shall enter into force on the 30th day following the deposit of its instrument of ratification or accession. Article 41 Provisional application 1 this Agreement shall be applied provisionally by a State or entity which consent to its provisional application by so notifying the depositary in writing. Such provisional application shall become effective from the date of receipt of the notification. 2. Provisional application by a State or entity shall terminate on the entry into force of this agreement for that State or entity or on notification by that State or entity to the depositary in writing of its intention to terminate provisional application. Article 42 reservations and exception of the reservation or exception may be made to this agreement. Article 43 declarations and statements article 42 does not preclud a State or entity, when signing, ratifying or acceding to this agreement, from making declarations or statements, however phrased or named, with a view, inter alia, to the harmonisation of its laws and regulations with the provision of this agreement, provided that such declarations or statements do not purpor to exclude or to modify the legal effect of the provision of this agreement in their application to that State or entity. Article 44-the others agreements 1. This agreement shall not alter the rights and obligations of States parties which «arise from other agreements compatible with this agreement and which do not affec the enjoymen by other States parties of their rights or the performance of their obligations under this agreement. 2. Two or more States parties may of agreements modifying or suspending conclud the operation of provision of this agreement, applicable solely to the relations but Weena them, provided that such agreements do not relate to a provision derogation from which is incompatibl with the effective execution of the object and purpose of this agreement, and provided further that such agreements shall not be affec the application of the basic principles embodied herein , and that the provision of such agreements do not affec the enjoymen by other States parties of their rights or the performance of their obligations under this agreement. 3. the States parties intending to conclud an agreement referred to in paragraph 2 shall notify the other States parties through the depositary of this agreement of their intention to conclud that agreement and of the modification or suspension for which it provides. Article 45 Amendment 1. A State Party may, by written communication addressed to the Secretary-General of the United Nations, the amendments it proposes this agreement and request the convening of a Conference to consider such proposed amendments. The Secretary-General shall circulate such communication to all States parties. If, within six months from the date of the circulation of the communication, not less than one half of the States parties reply favourably to the request, the Secretary-General shall conven the Conference. 2. The decision-making procedure applicable at the amendment conference convened it shall be pursuan paragraph 1 the same as that applicable at the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish stocks, unless otherwise decided by the by the Conference. The Conference should make every effort to reach agreement on any amendments by way of consensus and there should be from voting on them until all efforts at consensus have been exhausted. 3. Once adopted, amendments to this Agreement shall be open for signature at United Nations Headquarters by States parties for 12 months from the date of adoption, unless otherwise is provided in the amendment itself. 4. Articles 38, 39, 47 and 50 apply to all amendments to this agreement. 5. Amendments to this Agreement shall enter into force for the States parties ratifying or acceding to them on the 30th day following the deposit of the instrument of ratification or accession by two thirds of the States parties. Thereafter, for each State Party ratifying or acceding to an amendment after the deposit of the required number of such instruments, the amendment shall enter into force on the 30th day following the deposit of its instrument of ratification or accession. 6. An amendment may provide that a smaller or a larger number of ratification or of accession shall be required for its entry into force than are required by this article. 7. A State which become a Party to this agreement after the entry into force of amendments in accordanc with paragraph 5 shall, failing an expression of a different intention by that State: (a) be considered as a Party to this agreement as so amended; (b) be considered as a Party to the unamended Agreement in relations to any State Party not bound by the amendment. Article 46 Denunciation 1 A State Party may, by written notification addressed to the Secretary-General of the United Nations, denounc this agreement and may indicates it reason. It indicates a failure reason shall not be affec the validity of the denunciation. The denunciation shall take effect one year after the date of receipt of the notification, unless the notification spec to a later date. 2. The denunciation shall not in any way be affec the duty of any State Party to fulfil any obligation embodied in this agreement to which it would be subject under international law independently of this agreement. Article 47 Participation by international organizations 1. In cases where an international organisation referred to in Annex IX, article 1, of the Convention does not have competence over all the matters governed by this agreement, Annex IX to the Convention shall apply mutatis mutandis to participation by such international organisation in this agreement, except that the following provision be of that Annex shall not apply: (a) article 2, first line; (b) article 3 (1). 2. In cases where an international organisation referred to in Annex IX, article 1, of the Convention has competence over all the matters governed by this agreement, the following provision shall apply to participation by such international organisation thereof in this agreement: (a) at the time of signature or accession, such international organisation shall make a declaration stating: (i) that it has competence over all the matters governed by this agreement; (ii) that, for this reason, its Member States shall not become States parties, except in respect of their territories for which the international organisation has of responsibility; (iii) that it accept the rights and obligations of States under this agreement; (b) participation of such an international organisation shall in no case confer any of the rights under this agreement on Member States of the international organisation; (c) in the event of a conflict between the obligations of an international organisation under this agreement and its obligations under the agreement establishing the international organisation or any acts relating to it, the obligations under this Agreement shall prevails. Article 48 of the Annex 1. The Annex forms an integral part of this agreement and unless expressly provided otherwise, a reference to, (a) this agreement or to one of its parts includes a reference to the Annex relating the theret. 2. The Annex may be revised from time-to time by States parties. Such revisions shall be based on scientific and technical considerations. Notwithstanding the provision of article 45, if a revision to an Annex is adopted by consensus at a meeting of States parties, it shall be incorporated in this agreement and shall take effect from the date of its adoption or from such other date as may be specified in the revision. If a revision to an Annex is not adopted by consensus at such a meeting, the amendment procedures set out in article 45 shall apply. Article 49 Depositary the Secretary-General of the United Nations shall be the depositary of this agreement and any amendments or revisions theret. Article 50 Authentic texts the Arabic, Chinese, English, French, Russian and Spanish texts of this agreement are equally authentic. In witness whereof, the undersigned, being duly authorised Plenipotentiar to theret, have signed this agreement. Opened for signature at New York, this fourth day of December, one thousand nine hundred and ninety-five, in a single original, in the Arabic, Chinese, English, French, Russian and Spanish languages. Annex I STANDARD requirements FOR the COLLECTION AND SHARING OF DATA article 1 General principles 1. The timely collection, compilation and analysis of data with the fundamentals to the effective conservation and management of straddling fish stocks and highly migratory fish stocks. To this end, data from fisheries for these stocks on the high seas and in areas under those national jurisdiction with the required and should be collected and compiled in such a way as to enable statistically meaningful analysis for the purpose of fishery resource conservation and management. These data include catch and fishing effort statistics and other fishery-related information, such as vessel-related and other data for standardising fishing effort. The data collected should also include information on non-target and associated or dependent species. All data should be verified to ensur is accuracy. Confidentiality of non-aggregated data shall be maintained. The dissemination of such data shall be subject to the terms on which they have been provided. 2. Assistance, including training as well as financial and technical assistance, shall be provided to developing States in order to build capacity in the field of conservation and management of living marine resources. Assistance should focus on enhancing the capacity of the data collection and verification implementations, the observer program, data analysis and research projects supporting stock assessments. The fulles the possible involvement of developing State scientist and manager in the conservation and management of straddling fish stocks and highly migratory fish stocks should be promoted. Article 2 principles of data collection, compilation and exchange the following general principles should be considered in defining the parameters for collection, compilation and exchange of data from fishing operations for straddling fish stocks and highly migratory fish stocks: (a) States should ensur that data collected from the vessel with their flags flying on fishing activities according to the operational characteristics of each fishing method (e.g. , each individual tow for trawl, each set for long-line and purse-seine, each school fished for pole-and-line and each day fished for troll) and in sufficient detail it is facilitat effective stock assessment; (b) States should ensur that fishery data are verified through an appropriate system; (c) States should compile fishery-related and other supporting scientific data and provide them in an agreed format and in a timely manner to the relevant subregional or regional fisheries management organisation or through where one exists. Otherwise, States should cooperate to Exchange data either directly or through such other cooperative mechanisms as may be agreed among them; (d) States should agree, within the framework of subregional or regional fisheries management organisations or arrangements, or otherwise, on the specification of data and the format in which they are to be provided, in accordanc with this Annex and taking into account the nature of the stocks and the fisheries for those stocks in the region. Such organisations or arrangements should request non-members or non-participants to provide data concerning relevant fishing activities by a vessel flying their flag; (e) such organisations or arrangements shall compile data and to make them available in a timely manner and in an agreed format to all interested States under the terms and conditions established by the organisation or through; and (f) the scientist of the flag State and from the relevant subregional or regional fisheries management organisation or through the should analyse the data separately or jointly, as appropriate. Article 3 Basic fishery data 1. States shall collect and make available to the relevant subregional or regional fisheries management organisation or through the following types of data in sufficient detail it is facilitat effective stock assessment in accordanc with agreed procedures: (a) time series of catch and effort statistics by fishery and fleet; (b) total catch in number, nominal weight, or both, by species (both target and non-target) as is appropriate to each fishery. (Nominal weight is defined by the Food and Agriculture Organisation of the United Nations as the live-weight equivalent of the landing); (c) discard statistics, including estimate of where not reported as number or nominal cessary, weight by species, as is appropriate to each fishery; (d) effort statistics appropriate to each fishing method; (e) fishing location, date and time fished and other statistics on fishing operations as appropriate. 2. States shall also collect where appropriate and provide to the relevant subregional or regional fisheries management organisation or through information to support stock assessment, including: (a) composition of the catch according to length, weight and sex; (b) other biological information supporting stock assessments, such as information on age, growth, recruitment, distribution and stock identity; (c) other relevant research, including surveys of abundance, biomass surveys, hydro-acoustic surveys, research on environmental factors in stock abundance, and oceanographic regimes and ecological studies. Article 4 Vessel data and information 1. States should collect the following types of vessel-related data for standardising fleet composition and vessel fishing power and for converting between different measure of effort in the analysis of catch and effort data: (a) vessel identification, flag and port of registry; (b) vessel type; (c) vessel specifications (e.g., material of construction, date built, registered length, gross registered tonnage, power of main engines, hold capacity and catch storage methods); (d) fishing gear description (e.g., types, gear specifications and quantity). 2. The flag State will collect the following information: (a) navigation and position fixing AIDS; (b) communication equipment and international radio call sign; (c) crew size. Article 5 Reporting A State shall ensur that vessel flying its flag send to its national fisheries administration and, where agreed, to the relevant subregional or regional fisheries management organisation or through the logbook-data on catch and effort, including data on fishing operations on the high seas, at sufficiently frequent intervals to meet national requirements and regional and international obligations. Such data shall be transmitted, where cessary, not by radio, telex, fax or satellite transmission or by other means. Article 6 data verification States or, as appropriate, subregional or regional fisheries management organisations or arrangements should establish mechanisms for verifying fishery data, such as: (a) position verification through vessel monitoring systems; (b) scientific observer programmes to monitor catch, effort, catch composition (target and non-target) and other details of fishing operations; (c) vessel trip, landing and transshipmen reports; (d) port sampling. Article 7 data exchange 1. Data collected by flag States must be shared with other flag States and relevant coastal States through appropriate subregional or regional fisheries management organisations or arrangements. Such organisations or arrangements shall compile data and to make them available in a timely manner and in an agreed format to all interested States under the terms and conditions established by the organisation or through, while maintaining confidentiality of non-aggregated data, and should, to the exten the feasibl, develop database systems which provide efficient access to data. 2. At the global level, collection and dissemination of data should be effected through the Food and Agriculture Organisation of the United Nations. Where a subregional or regional fisheries management organisation or through the does not exist, that organization may also do the same at the subregional or regional level by through the with the States concerned. Annex II guidelines FOR the APPLICATION OF the BANKS in reference points IN CONSERVATION AND management OF STRADDLING FISH STOCKS AND HIGHLY MIGRATORY FISH stocks the banks 1 A reference point is an estimated value derived through an agreed scientific procedure, which correspond to the State of the resource and of the fishery, and which can be used as a guide for fisheries management. 2. Two types of banks in reference points should be used: conservation, or limit, reference points and management, or target, reference points. Limit reference points set boundaries which are intended to harvesting within safe biological constraint limit within which the stocks can produce maximum sustainable yield of. Target reference points are intended to meet the management objective. 3. Banks reference points should be stock-specific to account, inter alia, for the reproductive capacity, the resilienc of each stock and the characteristics of fisheries exploiting the stock, as well as other sources of mortality and major sources of uncertainty. 4. Management strategies shall seek to maintain or restore the population of harvested stocks, and where not associated or dependent species cessary, at levels consistent with previously agreed banks in reference points. Such reference points shall be used to trigger the pre-agreed conservation and management action. Management strategies shall include the measure which can be implemented when the banks approached the reference points. 5. Fishery management strategies shall ensur that the risk of exceeding limit reference points is very low. If a stock falls below a limit reference point or is at risk of falling below such a reference point, conservation and management action should be initiated to facilitat stock recovery. Fishery management strategies shall ensur that target reference points are not exceeded on average. 6. When information for determining reference points for a fishery is poor or absent, provisional reference points shall be set. Provisional reference points may be established by analogy to similar and better-known stocks. In such situation, the fishery shall be subject to enhanced monitoring so as to enable revision of provisional reference points as improved information become available of. 7. The fishing mortality rate which generate the maximum sustainable yield should be regarded as a minimum standard for limit reference points. For stocks which are not overfished, fishery management strategies shall ensur that fishing mortality does not correspond to the 12 that which is sustainable yield maximum, and that the biomass does not fall below a predefined threshold. For overfished stocks, the biomass which would produce maximum sustainable yield can serve as a rebuilding target. ANNEX (B) Declaration concerning the competence of the European Community with regard to matters governed by the agreement on the implementation of the provision of the United Nations Convention on the Law of the sea of 10 December 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks (the Declaration made to article pursuan 47 of the agreement) 1. Article 47 (1) of the agreement on the implementation of the provision of the United Nations Convention on the Law of the Sea relating to the conservation and management of straddling fish stocks and highly migratory fish stocks provides that in cases where an international organisation referred to in Annex IX, article 1, of the Convention does not have competence over all the matters governed by the agreement, Annex IX of the Convention (with the exception of article 2 , the first line, and article 3 (1)) shall apply mutatis mutandis to participation by such international organisation in this agreement. 2. The current members of the Community with the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland. 3. The agreement on the implementation of the provision of the United Nations Convention on the Law of the Sea relating to the conservation and management of straddling fish stocks and highly migratory fish stocks shall apply, with regard to the competences transferred to the European Community of, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty , in particular article 227 thereof. 4. This declaration is not applicable in the case of the territories of the Member States in which the said Treaty does not apply and is without prejudice to such acts or positions as may be adopted under the agreement by the Member States concerned on behalf of and in the interests of those territories. I. matters FOR WHICH the COMMUNITY HAS exclusive competence 5. The Community points out that its Member States have transferred competence to it with regard to the conservation and management of living marine resources. Henc, in this field, it is for the Community to adop a the relevant rules and regulations (which the Member States enforce) and within its competence to enter into external undertaking with third States or competent to the organisation. This competence applies in regard of waters under national fisheries jurisdiction and to the high seas. 6. The Community enjoy the regulatory competence granted under international law to the flag State of a vessel to determin the conservation and management measure for marine fisheries resources applicable to vessel flying the flag of Member States and to ensur that Member States make provision for adop allowing the implementation of the said measure. 7. vertheles, Not applicable in respect of the measure of masters and other officers of fishing vessel, for example, refusal or suspension of authorisation withdrawals to serve as such, are within the competence of the Member States in accordanc with their national legislation. The measure relating to the exercise of jurisdiction by the flag State over its vessel on the high seas, in particular a provision such as those related to the taking and relinquishing of control of fishing vessel by States other than the flag State, international cooperation in respect of enforcement and the recovery of the control of their vessel, are within the competence of the Member States in compliance with Community law. II. Matters FOR WHICH BOTH the COMMUNITY AND its MEMBER States have competence 8. The Community shares competence with its Member States on the following matters governed by this agreement: requirements of developing States, scientific research, port-State measure and measure adopted in respect of the non-members of regional fisheries organisations and non-parties to the agreement. The following provision of the agreement apply both to the Community and to its Member States: – general provision (articles 1, 4 and 34 to 50),-dispute settlement: (part VIII). ANNEX C the declarations to be deposited Interpretativ by the Community and its Member States on ratification of the agreement 1. The European Community and its Member States understand that the terms ' particularit ', ' location to specific characteristics of the sub-region or region ', ' socioeconomic and environmental factors location ', ' natural characteristics of that sea ' or any other similar terms employed in reference to a location in the region do not prejudice the rights and duties of States under international law. 2. The European Community and its Member States understand that from a provision of this agreement may be interpreted in such a way as to conflict with the principles of freedom of the high seas, recognised by international law. 3. The European Community and its Member States understand that the term ' States whose nationals fish on the high seas ' shall not provide any new grounds for jurisdiction based on the nationality of persons involved in fishing on the high seas rather than on the principle of flag State jurisdiction. 4. This agreement does not grant any State the right to maintain or apply unilateral measure during the transitional period of the axis referred to in article 21 (3). Thereafter, if agreement has been reached, from States shall act only in accordanc with the provision provided for in articles 21 and 22 of the agreement. 5. Regarding the application of article 21, the European Community and its Member States understand that, when a flag State's declare that it intends to exercise its authority, in accordanc with the provision in article 19, over a fishing vessel flying its flag, the authorities of the inspecting State shall not purpor to exercise any further authority under the provision of article 21 over such a vessel. Any dispute related to this issue shall be settled in accordanc with the procedures provided for in part VIII of the agreement. Of State may invoke this type of dispute to remain in control of a vessel which does not fly its flag. In addition, the European Community and its Member States consider that the word ' unlawful ' in article 21 (18) of the agreement should be interpreted in the light of the whole agreement, and in particular, articles 4 and 35 thereof. 6. The European Community and its Member States reiterat that all States shall refrain in their relations from the threat or use of force in accordanc with general principles of international law, the United Nations Charter and the United Nations Convention on the Law of the sea. In addition, the European Community and its Member States underline that the use of force as referred to in article 22 of the constitut an exceptional measure which must be based on the compliance with the strictes the principles of proportionality and that any abuse thereof shall imply the international liability of the inspecting State. Any case of non-compliance shall be resolved by peaceful means and in accordanc with the applicable dispute-settlement procedures. Furthermore, the European Community and its Member States consider that the relevant terms and conditions for boarding and inspection should be further elaborated in accordanc with the relevant principles of international law in the framework of the appropriate regional and subregional fisheries management organisations and arrangements. 7. The European Community and its Member States understand that in the application of the provision of article 21 (6), (7) and (8), the flag State may rely on the requirements of its legal system under which the prosecuting authorities enjoy a discretion to decide the prosecut whethers or not in the light of all the facts of a case. Decision of the flag State based on such requirements shall not be interpreted as failure it responds or it take action.