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, 1995
The Agreement was adopted on 4 August 1995 by
the United Nations Conference on Straddling Fish
Stocks and Highly Migratory Fish Stocks. For a
copy of the Agreement text please refer to the
following website on the United Nations Law of
the Sea and its Implementing Agreements.
The 1995 UN Fish Stocks Agreement is an
elaboration of the provisions of the 1982 United
Nations Convention on the Law of the Sea (1982
UN Convention) dealing with conservation and
management of straddling fish stocks and highly
migratory fish stocks. In particular the Agreement
provides for the implementation of Articles 63 and
64 and as appropriate the sections of Part VII of
the 1982 Convention.
Straddling fish stocks are those that straddle
the boundary of a State's Exclusive Economic Zone
(EEZ) and the high seas (some stocks straddle 'out'
of an EEZ while others straddle 'into' an EEZ)
while highly migratory fish stocks are those that
generally roam over large distances and may be
found in numerous EEZ jurisdictions and the high
seas. Highly Migratory Species are defined by a
listing in Annex 1 of the 1982 UN Convention.
The Agreement can summarized as follows in that
it:
- elaborates general principles concerning
conservation and management of straddling fish
stocks and highly migratory fish stocks;
- applies the concept of the precautionary
approach to the conservation and management of
these stocks;
- emphasises the special role of regional
fisheries management organizations in the
conservation and management of straddling fish
stocks and highly migratory fish stocks;
- elaborates upon the obligation of states to
cooperate in the conservation and management of
straddling fish stocks and highly migratory fish
stocks. This includes a duty upon States not to
authorise vessels to fish for such fish stocks
unless the State is party to, or co-operates
with, any sub-regional or regional fisheries
management organisation or arrangement
established and which has competence to
establish conservation and management measures
for the stock concerned;
- elaborates upon the obligations of states
with respect to vessels flying their flag on the
high seas;
- introduces innovative enforcement provisions
for the high seas, and
- introduces provisions with respect to the
requirements of developing states.
The 1995 UN Fish Stocks Agreement is binding
only upon those States that are Party to it. The
Agreement will enter into force upon the deposit of
the thirtieth (30th) instrument of ratification or
accession.
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