GLOBAL TREATY TO REGULATE FISHING ON HIGH SEAS TO BE OPENED FOR SIGNATURE 4 DECEMBER
Press Release
SEA/1506
L/T/4335
GLOBAL TREATY TO REGULATE FISHING ON HIGH SEAS TO BE OPENED FOR SIGNATURE 4 DECEMBER
19951201 A global treaty to regulate fishing on the high seas will be opened for signature at 10:30 a.m. on Monday, 4 December, at a special meeting of the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks. The Agreement will for the first time bind States to conserve and sustainably manage high-seas fisheries and to settle fishing disputes peacefully.The treaty is titled the Agreement for the Implementation of the Provisions of the 1982 United Nations Convention on the Law of the Sea relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks.
At the same meeting, participants in the Conference will sign that body's Final Act, which contains two resolutions. In them, the Conference urges States and other eligible entities to sign and ratify or accede to the Agreement. It also recommends that the General Assembly review developments relating to the fish stocks in question, on the basis of reports to be submitted by the Secretary-General (document A/CONF.164/38).
The fish Agreement, which was adopted by the Conference on 4 August, includes ground-breaking provisions to ensure compatible conservation and management measures between high-seas areas and coastal zones under national jurisdiction. A major feature of the treaty is its "precautionary approach", by which States are obligated to act conservatively when there is doubt about the viability of stocks.
Other provisions of the Agreement establish detailed minimum international standards for conservation and management of fish stocks. They also include effective measures for compliance and enforcement on the high seas, and recognize the special requirements of developing States for assistance in conservation and management.
In the case of conflicts between nations over fishing rights, the treaty calls for compulsory and binding third-party dispute settlement, which is not currently provided by regional organizations. States can choose from the options for dispute-settlement established under the Law of the Sea Convention -- the International Tribunal for the Law of the Sea, the International Court of Justice or an ad hoc tribunal.
The Agreement will enter into force 30 days after its ratification by 30 signatories -- a process expected to take about two years. More than 30 countries are expected to sign the Agreement at Monday's ceremony. In the meantime, many countries are expected to implement it on a provisional basis.
Upon adoption of the Agreement in August, Conference Chairman Satya Nandan (Fiji) called it a bold and revolutionary text, which provided for regional, national and global action to address the critical problems facing the world's fisheries. While it contained innovations that went beyond the Law of the Sea Convention, it was practical and firmly rooted in that Convention, he said.
Mr. Nandan told the Conference the Agreement was built on three essential pillars: principles for conservation and management based on a precautionary approach and the best scientific information; ensuring that conservation measures were not undermined by those who fished for vulnerable stocks; and the peaceful settlement of disputes. Without the Agreement, he said, there would be a further depletion of the world's fish resources and more conflict on the high seas.
Provisions of Agreement
The Straddling Fish Agreement (document A/CONF.164/37) legally binds States to the long-term conservation and sustainable use of high-seas fisheries within the framework of the Convention on the Law of the Sea. It also aims to prevent conflicts between coastal States, which have exclusive fishing rights within their 200-mile exclusive economic zones, and countries that maintain fishing fleets on the high seas -- the distant-water-fishing States.
It addresses specific problems dealing with conservation of the living resources of the high-seas identified in "Agenda-21" -- the programme of action adopted by the 1992 United Nations Conference on Environment and Development (UNCED). Those problems include inadequate fisheries management and overutilization of marine resources, unregulated fishing, over- capitalization and excessive fleet size. The Agreement also deals with vessels which re-flag to escape controls, insufficiently selective fishing gear, unreliable databases on fish stocks and lack of sufficient cooperation between States for ensuring sustainable use of stocks.
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It not only sets out principles to underline the better management of the world's fisheries, but also defines methods for enforcing conservation regulations. It recognizes the need for international action to reverse the impact of destructive fishing practices on the marine environment and establishes rules to preserve biodiversity and maintain the marine ecosystems. Conservation measures will be based on the best scientific evidence available, to protect the fish stocks and other species which belong to the same ecosystem. To minimize waste and ecological damage, environmentally safe fishing gear and techniques are required. The interests of artisanal and subsistence fisheries workers are also taken into account.
Countries must collect and share data on their fishing activities, including vessel position, size of catches and the results of research programmes on fisheries management. They will also have to conduct scientific research and develop technologies on sustainable management, as well as enforce conservation measures through monitoring and satellite surveillance.
In emphasizing the precautionary approach, which obliges States to use the best scientific data available, the Agreement says that States cannot use a lack of scientific information as a reason for not taking conservation and management measures.
Compatibility of conservation and management measures for areas under national jurisdiction and those for the high seas are also provided for. While coastal States have the right to exploit and manage fish stocks in their economic zones, they must notify countries fishing in high-seas areas adjacent to those zones about national conservation polices. When adopting conservation measures, States must consider such factors as the biological unity of fish stocks, the economic dependence of different States on those stocks and previously agreed rules for conservation adopted by regional arrangements.
Non-members of regional organizations must still cooperate with the conservation and management measures of subregional or regional organizations. Countries that want to fish in an area managed by a particular organization will have to become members of that organization or agree to abide by its conservation measures. Organizations must be open to all States that have a real interest in the area and must not discriminate against any State or group of States. If there is no fisheries organization to manage a particular stock, concerned States will have to establish one or enter into another management arrangement.
When establishing a subregional or regional organization, States will have to agree on the type of stocks, and the socioeconomic, geographical and environmental characteristics of the area as well as their relationship with
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other fisheries organizations. Members of any new arrangement must keep other countries with a genuine interest in the area informed of their activities.
Regional organizations will decide which countries can fish in their areas, set annual quotas for catches and collect and exchange accurate information on the state of the fish stocks. Organizations will monitor and enforce conservation measures and ensure that disputes are settled peacefully. Due to the waste involved in high-tech fishing methods, organizations are also responsible for assessing the impact of fishing on species caught unintentionally.
In considering the fishing rights of new members of regional organizations, those arrangements will take into account the current level of fishing, as well as the needs of coastal fishing communities, coastal States whose economies are overwhelmingly dependent on the exploitation of marine resources, and the interests of developing States in the area.
In the interests of transparency, subregional and regional fisheries arrangements will allow other intergovernmental and non-governmental organizations to take part in their meetings as observers. States will have to collect and exchange accurate scientific, technical and statistical data on high-seas fisheries. Countries conducting scientific research in areas beyond their national jurisdiction will have to share their findings with other interested States.
Countries will have to consider the natural characteristics of enclosed and semi-enclosed seas and take measures to deter activities of vessels of non-parties that undermine the Agreement. Nations fishing in areas of the high seas surrounded entirely by the national waters of a single State must adopt conservation measures which are compatible with those of the coastal State's. Dispute-settlement procedures are to be used when two countries cannot agree on those measures.
Under the duties of flag States, the Agreement provides for such States to exercise control over their vessels fishing in the high seas through a system of licenses and permits, which must be produced for inspection on demand. Also, national records of such licenses must be made available to directly interested States, taking into account national laws of disclosure of such information. Fishing vessels and gear must be identified in accordance with internationally recognizable marking systems.
Accurate and verifiable records of vessel position, catch and other data must be kept and inspectors and observers from other States given access to such information. Flag States should develop vessel monitoring mechanisms, including satellite transmitters, which are compatible with subregional, regional or global monitoring systems.
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On compliance and enforcement by a flag State, the Agreement calls for flag States to ensure that their registered vessels comply with subregional, regional and global management measures. They must investigate alleged violations, irrespective of where they occur, by physically inspecting the vessel if required and report their findings to the State making the allegation, as well as to the relevant regional organizations. Flag States must act without delay if there is sufficient evidence of a violation and take remedial action, including judicial proceedings and sanctions against the offending vessel.
Under the heading of international cooperation in enforcement, the Agreement provides for flag States enlisting the help of other States or fisheries organizations in investigating alleged violations. They must disseminate the results of the investigation to any interested parties, and countries must help each other by identifying offending vessels and providing evidence to prosecuting authorities in other States.
Further, it provides that when a foreign vessel fishes without authorization within the national jurisdiction of another country, the flag State must cooperate with the coastal State in any enforcement action. The flag State can authorize the coastal State to board and inspect the offending vessel on the high seas. In addition, members of a regional organization can take action under international law, including regional procedures set up for this purpose, to stop fishing by vessels violating the accepted conservation measures.
Under subregional and regional cooperation in enforcement, it provides for members to board and inspect vessels of non-members to ensure compliance with regional conservation measures. If there are clear grounds to believe a fishing vessel has committed serious violations of conservation rules set by regional fishing organizations, the inspecting State will notify the flag State. If the flag State does not respond within three working days -- during which time the inspectors may stay on the vessel -- then the inspecting State can detain the vessel in port for further action. If a flag State believes that enforcement measures have been taken without its consent, it can initiate dispute-settlement procedures.
Serious violations, as defined in the Agreement, include fishing without a license, fishing for prohibited stocks, using illegal fishing gear, and concealing, tampering with or disposing of evidence needed for an investigation.
The Agreement's boarding and inspection procedures provide for an inspecting State to ensure that its inspectors present proper credentials and a copy of the relevant conservation rules when a vessel is being inspected. Inspectors must leave the vessel promptly if no serious violation is found.
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The use of force should be avoided unless it is necessary to ensure the safety of inspectors or when they are prevented from carrying out their duties. Flag States must allow prompt and safe boarding by inspectors and cooperate in the inspection.
Although most maritime law is enforced by the flag State, the Agreement addresses situations where ships fishing on the high seas are too distant from their flag States to be adequately supervised, or where the flag State is not willing or able to police its vessels. Port States have the right and duty to take measures in favour of global conservation and management measures. They have the right to inspect documents, gear and catch of vessels voluntarily in its ports or offshore terminals. They may prohibit landings and transshipments by vessels which have undermined the effectiveness of those regional measures on the high seas.
To help them fulfil their conservation and management responsibilities, developing States will receive financial and technical assistance from regional organizations and international agencies. The least developed and small island developing States will be helped to participate in high-seas fisheries. The vulnerability of developing nations that depend on living marine resources, as well the needs of subsistence and artisanal fishermen, women fisheries workers and indigenous peoples will be taken into account. Developing States will not be unfairly burdened by conservation measures.
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