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 Parties to this Agreement,
Recognizing the importance of the conservation and sustainable management of straddling fish stocks and highly migratory fish stocks for present and future generations,
Acknowledging the provisions of the United Nations Convention on the Law of the Sea (UNCLOS) of 10 December 1982, particularly Articles 61, 63, and 64, which address the rights and responsibilities of states with respect to the conservation and management of straddling fish stocks and highly migratory fish stocks,
Reaffirming the principles and obligations set forth in the United Nations Fish Stocks Agreement of 4 August 1995,
Desiring to implement and further develop the legal framework established by UNCLOS and the United Nations Fish Stocks Agreement to ensure the effective conservation and management of straddling fish stocks and highly migratory fish stocks,
Have agreed as follows:
Article 1: Objective
The objective of this Agreement is to ensure the long-term conservation and sustainable management of straddling fish stocks and highly migratory fish stocks, in accordance with the principles of UNCLOS and the United Nations Fish Stocks Agreement.
Article 2: Definitions
- For the purposes of this Agreement, the definitions provided in UNCLOS and the United Nations Fish Stocks Agreement shall apply, unless otherwise specified.
- Additional definitions may be adopted by the Parties to this Agreement as necessary for its implementation.
Article 3: General Principles
- The Parties shall apply the precautionary approach in their conservation and management measures, taking into account the best available scientific information.
- The Parties shall cooperate in a spirit of mutual respect and good faith to ensure the effective implementation of this Agreement.
- The Parties shall promote the use of ecosystem-based approaches in the conservation and management of straddling fish stocks and highly migratory fish stocks.
Article 4: Conservation and Management Measures
- The Parties shall establish and maintain appropriate conservation and management measures for straddling fish stocks and highly migratory fish stocks within their jurisdiction or under their control.
- Such measures shall be based on the best scientific evidence available and take into account the characteristics of the stocks, the ecosystem, and the needs of developing states.
- The Parties shall cooperate in the development and implementation of measures to prevent, deter, and eliminate illegal, unreported, and unregulated fishing activities.
Article 5: Regional Fisheries Management Organizations and Arrangements
- The Parties shall strengthen and enhance the effectiveness of existing regional fisheries management organizations and arrangements for the conservation and management of straddling fish stocks and highly migratory fish stocks.
- The Parties shall cooperate to establish new regional fisheries management organizations and arrangements where necessary.
Article 6: Flag State Responsibilities
- The Parties shall ensure that vessels flying their flag are not engaged in activities that undermine the effectiveness of conservation and management measures adopted by regional fisheries management organizations or arrangements.
- The Parties shall take appropriate measures, including the imposition of sanctions, to enforce compliance with conservation and management measures by vessels flying their flag.
Article 7: Cooperation and Assistance
- The Parties shall cooperate to promote the exchange of scientific research and information relevant to the conservation and management of straddling fish stocks and highly migratory fish stocks.
- The Parties shall provide assistance, as appropriate, to developing states in building their capacity for the effective conservation and management of straddling fish stocks and highly migratory fish stocks.
Article 8: Settlement of Disputes
Disputes arising from the interpretation or application of this Agreement shall be settled in accordance with the provisions of