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Art.5 |
Article 5 |
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Art.5.1 |
1. If, subsequent to the adoption of the measures referred to in Articles 3 and 4, nationals of other States engage in fishing the same stock or stocks of fish or other living marine resources in any area or areas of the high seas, the other States shall apply the measures, which shall not be discriminatory in form or in fact, to their own nationals not later than seven months after the date on which the measures shall have been notified to the Director-General of the Food and Agriculture Organization of the United Nations. The Director-General shall notify such measures to any State which so requests and, in any case, to any State specified by the State initiating the measure. |
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Art.5.2 |
2. If these other States do not accept the measures so adopted and if no agreement can be reached within twelve months, any of the interested parties may initiate the procedure contemplated by Article 9. Subject to paragraph 2 of Article 10, the measures adopted shall remain obligatory pending the decision of the special commission. |
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Art.7 |
Article 7 |
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Art.7.1 |
1. Having regard to the provisions of paragraph 1 of Article 6, any coastal State may, with a view to the maintenance of the productivity of the living resources of the sea, adopt unilateral measures of conservation appropriate to any stock of fish or other marine resources in any area of the high seas adjacent to its territorial sea, provided that negotiations to that effect with the other States concerned have not led to an agreement within six months. |
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Art.7.2 |
2. The measures which the coastal State adopts under the previous paragraph shall be valid as to other States only if the following requirements are fulfilled: |
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Art.7.2.a |
(a) That there is a need for urgent application of conservation measures in the light of the existing knowledge of the fishery; |
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Art.7.2.b |
(b) That the measures adopted are based on appropriate scientific findings; |
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Art.7.2.c |
(c) That such measures do not discriminate in form or in fact against foreign fishermen. |
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Art.7.3 |
3. These measures shall remain in force pending the settlement, in accordance with the relevant provisions of this Convention, of any disagreement as to their validity |
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Art.7.4 |
4. If the measures are not accepted by the other States concerned, any of the parties may initiate the procedure contemplated by Article 9. Subject to paragraph 2 of Article 10, the measures adopted shall remain obligatory pending the decision of the special commission. |
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Art.7.5 |
5. The principles of geographical demarcation as defined in Article 12 of the Convention on the Territorial Sea and the Contiguous Zone shall be adopted when coasts of different States are involved. |
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Art.8 |
Article 8 |
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Art.8.1 |
1. Any State which, even if its nationals are not engaged in fishing in an area of the high seas not adjacent to its coast, has a special interest in the conservation of the living resources of the high seas in that area, may request the State or States whose nationals are engaged in fishing there to take the necessary measures of conservation under Articles 3 and 4 respectively, at the same time mentioning the scientific reasons which in its opinion make such measures necessary, and indicating its special interest. |
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Art.8.2 |
2. If no agreement is reached within twelve months, such State may initiate the procedure contemplated by Article 9. |
