AGREEMENT ON CONSERVATION AND MANAGEMENT OF STRADDLING AND HIGHLY MIGRATORY FISH STOCKS OPENED FOR SIGNATURE AT HEADQUARTERS
Press Release
SEA/1508
AGREEMENT ON CONSERVATION AND MANAGEMENT OF STRADDLING AND HIGHLY MIGRATORY FISH STOCKS OPENED FOR SIGNATURE AT HEADQUARTERS
19951204 Twenty-five Nations Sign; Will Enter Into Force 30 Days After Ratification by 30 SignatoriesAt a special meeting this morning of the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks an agreement on the conservation and management of those fish stocks was opened for signature and signed by 25 countries.
The Agreement -- entitled 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 -- will for the first time bind States to conserve and sustainedly manage high-seas fisheries and to settle fishing disputes peacefully.
It was signed by the following countries: Argentina, Australia, Bangladesh, Brazil, Canada, Federated States of Micronesia, Fiji, Guinea- Bissau, Iceland, Indonesia, Israel, Jamaica, Marshall Islands, Morocco, New Zealand, Niue, Norway, Papua New Guinea, Russian Federation, Samoa, Senegal, Tonga, Ukraine, United Kingdom, and the United States.
Also this morning, 45 participants in the Conference signed that body's Final Act (document A/CONF.164/38), 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.
The Final Act was signed by the following: Antigua and Barbuda, Argentina, Australia, Austria, Bengladesh, Belgium, Brazil, Canada, Chile, Cuba, Ecuador, European Community, Federated States of Micronesia, Fiji, Finland, Granada, Guinea-Bissau, Iceland, India, Indonesia, Israel, Italy, Jamaica, Japan, Marshall Islands, Morocco, Namibia, Netherlands, New Zealand, Niue, Norway, Papua New Guinea, Peru, Poland, Portugal, Republic of Korea, Russian Federation, Samoa, Senegal, Spain, Tonga, Ukraine, United Kingdom, United States and Uruguay.
At the outset of the meeting, Satya N. Nandan (Fiji), Conference Chairman, said the Agreement, which contained principles that were on the cutting edge of fisheries management, was already having an impact in the work of regional fisheries organizations, and was being used in bilateral negotiations on fisheries management. In time, the treaty would help avert the major world fisheries crisis to which the world was headed.
Statements were also made on behalf of the Secretary-General by the Legal Counsel and by representatives of the United States (as host country), by the European Community, Ecuador and Peru.
Background on Agreement
The Agreement (document A/CONF.164/37) 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. In the meantime, many countries are expected to implement it on a provisional basis.
(For additional information on the Agreement, see Press Release SEA/1506-L/T/4335 of 1 December.)
Statements Made
Mr. Nandan (Fiji), Conference Chairman, said that in the short period since the adoption of the Agreement, developments had shown that the assessment of its importance was not misplaced. Although the Agreement dealt with only two types of stocks -- straddling fish stocks and highly migratory fish stocks -- its principles applied to all fisheries. The principles on the
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application of the precautionary approach, for example, could be regarded as being on the cutting edge of sound fisheries management.
He said that the Agreement was already having an impact in the work of regional fisheries organizations, with particular attention being paid to the provisions on conservation measures, decision-making and matters relating to transparency in the work of the organizations. On the Agreement's role in the future management of fisheries, provisions on the settlement of disputes providing for binding third-party procedures had introduced more urgency into certain negotiations. There was also a noticeable trend of States contemplating membership in regional fisheries organizations. The Agreement was already being used in bilateral negotiations on fisheries management.
In time, he said, the treaty would help avert the major world fisheries crisis to which the world was headed. In a current report, the Food and Agriculture Organization (FAO) warned that about 70 per cent of the world's marine fish stocks were fully to heavily exploited, over-exploited, depleted or slowly recovering. In order to simply hold consumption at current levels, annual production of food fish would have to be boosted from its present level of 72.3 million tons to 91 million tons by the year 2010. The Agreement provided a basis for dealing with that situation.
He concluded that the day's meeting would bear witness to an impressive group of signatories, representing all regions of the world. Some important fishing nations and organizations, who had internal procedures to complete, had indicated their willingness to sign the treaty at another early date.
HANS CORELL, United Nations Legal Counsel, speaking on behalf of Secretary-General BOUTROS BOUTROS-GHALI, said the fish stocks Agreement was based on the principles of the Charter and of the Convention on the Law of the Sea. It demonstrated a commitment to the progressive development and codification of international law and to the peaceful development of all nations. The United Nations had concluded treaties covering nearly every aspect of human endeavour. Those instruments had prevented conflicts by providing alternative means for resolving them. Steps such as today's signing, represented major achievements for the Organization.
The Convention on the Law of the Sea was a prime example of an instrument that had brought stability to an area which was often rife with disputes, he said. Today, the Convention was the norm in many areas, and provided a framework for the elaboration of agreements in others. It placed a binding obligation on all parties to cooperate with other States in conserving the living resources of the high seas, and of 10 fish stocks in particular. That was the basic legal obligation on which today's Agreement was built.
While reinforcing the conservation obligation of States within their territories, the Agreement also called for effective enforcement on the high
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seas, not only by the flag State but by non-flag States under certain circumstances. It was also noteworthy for its precautionary approach. It touched on the cornerstones of international stability: the prevention of conflict, development of international law, and economic development and cooperation among all States.
He urged all States to sign and ratify the Agreement in the shortest possible time-frame. It was hoped the Agreement would come into force and be complied with in the very near future.
MADELEINE ALBRIGHT (United States), speaking for the Conference's host country, said the signing was a memorable occasion for all members of the international community who had laboured to conserve fishery resources and to strengthen the law of the sea. She would sign the Agreement -- a tremendous advancement of global efforts to better conserve and manage living marine resources, and the result of three years of intense negotiations.
As a coastal State and a State whose vessels fished on the high seas, she said the United States was aware of the need for a balanced approach which recognized the legitimate concerns of both groups. The Agreement struck a reasonable balance between conservation and fishing concerns, between interests of coastal States and States whose vessels fished on the high seas. It established new and effective rules to conserve and manage marine fisheries and provided for States to resolve their disputes through compulsory binding dispute-settlement procedures. If widely ratified, it would both improve the health of the world's oceans and ecosystems and ensure a lasting supply of fish to feed the world's population.
She said that the Agreement was particularly noteworthy because it directly contributed to a broader global effort to promote international cooperation, reduce conflict and achieve more effectively the sustainable use of living marine resources. She hoped all nations would sign the Agreement today and she urged those States which could not do so to sign as soon as possible. At stake were the important issues of biological integrity and food security. "Let us hope that our imagination and strength are as vast as the oceans we so cherish", she concluded.
Senator Ted Stevens of Alaska, of the United States, said the signing of the Agreement was a major step forward for conservation of fish stocks. It recognized that such generally accepted conservation and management standards as the United Nations moratorium on drift nets were consistent with the law of the sea and should be applied to all vessels fishing on the high seas. He emphasized the Agreement's adoption of the principle that non-flag States should be able to enforce regional fishery agreements if the flag State would not. It also allowed for enforcement against non-members as well as members of a regional agreement.
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He said the Agreement also included requirements to minimize waste and bycatch and to prevent overfishing. He would work to bring an end to both waste and bycatch. He would also work within the United States Senate to obtain ratification of the Agreement.
The Agreement and Final Act were then opened for signature.
Following the ceremony, Mr. NANDAN (Fiji), Conference Chairman, read out the signatories to the Agreement, which he said would remain open for signature for one year from today.
ANGEL VINAS, of the European Community, said the Community and its members had actively participated in the Conference. At present, they could not sign the Agreement, as the required internal procedures had not yet been complete. Once that was done, however, the Community and its member States would assure their continued participation and engagement in the process. That was based on their firm commitment to responsible fishing and international cooperation in the management and conservation of living marine resources.
LUIS VALENCIA RODRIGUEZ (Ecuador) said his country had participated actively in development of the law of the sea. However, it had not acceded to the United Nations Convention on the Law of the Sea, for reasons which had been stated. It was not bound by the Agreement and would not apply it provisionally. It would continue its internal process of analysis on the matter. However, it was happy with the contributions made by all delegations throughout the course of the Conference, leading to an evolving process in the law of the sea and broad acceptance of the United Nations Convention.
FERNANDO GUILLEN (Peru) said his country's signature of the Agreement was based on the view that the ocean must be managed by all States in conformity with international legal instruments.
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