Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks
Preamble
The States Parties to this Agreement,
Being Parties to the United Nations Convention on the Law of the Sea of 10 December 1982 (hereinafter referred to as “the Convention”),
Recognizing the importance of the conservation and management of straddling fish stocks and highly migratory fish stocks both within and beyond areas under national jurisdiction,
Acknowledging the rights and duties of States under the Convention to conserve and manage these fish stocks,
Recognizing the need for an effective international regime for the conservation and management of straddling fish stocks and highly migratory fish stocks,
Taking into account the specific characteristics of these stocks, including their wide-ranging and migratory nature, and the need for their conservation and management on a global basis,
Reaffirming the duty of States to cooperate with each other in the conservation and management of living resources in the oceans,
Desiring to implement the relevant provisions of the Convention and, in particular, to promote the long-term conservation and sustainable use of straddling fish stocks and highly migratory fish stocks in accordance with the precautionary approach,
Recognizing that the conservation and management measures in this Agreement should be based on the best scientific evidence available and, where such evidence is not available, on the best available information,
Recognizing that the special requirements of developing States, particularly the least developed among them and small island developing States, should be taken into account in the implementation of this Agreement,
Recognizing that this Agreement shall not alter the rights and obligations of States Parties to the Convention,
Have agreed as follows:
Article 1 – Objective
The objective of this Agreement is to ensure the long-term conservation and sustainable use of straddling fish stocks and highly migratory fish stocks through effective implementation of the relevant provisions of the Convention.
Article 2 – Definitions
This article provides definitions for various terms used in the Agreement, including “straddling fish stocks,” “highly migratory fish stocks,” and others.
Article 3 – General Principles
This article outlines the general principles that shall guide the conservation and management of straddling fish stocks and highly migratory fish stocks, including the application of the precautionary approach, ecosystem considerations, and cooperation among States.
Article 4 – International Cooperation
This article emphasizes the importance of international cooperation among States in the conservation and management of straddling fish stocks and highly migratory fish stocks, including the exchange of information, consultation, and collaboration.
Article 5 – Conservation and Management Measures
This article sets out the obligations of States to adopt and implement conservation and management measures for straddling fish stocks and highly migratory fish stocks, including the establishment of subregional, regional, and global organizations.
Article 6 – Compatibility of Conservation and Management Measures
This article emphasizes the need for compatibility and consistency among conservation and management measures adopted by States and regional organizations to ensure effective management and conservation of the fish stocks.
Article 7 – Flag State Responsibility
This article highlights the responsibilities of the flag State for the conservation and management of straddling fish stocks and highly migratory fish stocks, including measures to ensure compliance by vessels flying its flag.
Article 8 – Port State Measures
This article provides for the adoption of port State measures by States to prevent, deter, and eliminate illegal, unreported, and unregulated fishing activities for straddling fish stocks and highly migratory fish stocks.
Article 9 – Compliance and Enforcement
This article establishes procedures for compliance and enforcement of the conservation and management measures, including flag State, port State, and coastal State responsibilities.