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Art.1 |
Article 1 |
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Art.1.1x |
For the purposes of this Agreement: |
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Art.1.1x.a |
(a) "Convention" means the United Nations Convention on the Law of the Sea of 10 December 1982; |
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Art.1.1x.b |
(b) "conservation and management measures" means measures to conserve or manage one or more species of living marine resources that are adopted and applied consistent with the relevant rules of international law as reflected in the Convention and this Agreement; |
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Art.1.1x.c |
(c) "fish" includes molluscs and crustaceans except those belonging to sedentary species as defined in article 77 of the Convention; and |
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Art.1.1x.d |
(d) "arrangement" means a cooperative mechanism established in accordance with the Convention and this Agreement by two or more States for the purpose, inter alia, of establishing conservation and management measures in a subregion or region for one or more straddling fish stocks or highly migratory fish stocks. |
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Art.1.2.a |
2. (a) "States Parties" means States which have consented to be bound by this Agreement and for which the Agreement is in force. |
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Art.1.2.b |
(b) This Agreement applies mutatis mutandis: |
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Art.1.2.b.i |
(i) to any entity referred to in article 305, paragraph 1 (c), (d) and (e), of the Convention and |
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Art.1.2.b.ii |
(ii) subject to article 47, to any entity referred to as an "international organization" in article 1 of Annex IX to the Convention which becomes a Party to this Agreement, and to that extent "States Parties" refers to those entities. |
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Art.1.3 |
3. This Agreement applies mutatis mutandis to other fishing entities whose vessels fish on the high seas. |
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Art.8 |
Article 8 |
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Art.8.1 |
1. Coastal States and States fishing on the high seas shall, in accordance with the Convention, pursue cooperation in relation to straddling fish stocks and highly migratory-fish stocks either directly or through appropriate subregional or regional fisheries management organizations or arrangements, taking into account the specific characteristics of the subregion or region, to ensure effective conservation and management of such stocks. |
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Art.8.2 |
2. States shall enter into consultations in good faith and without delay, particularly where there is evidence that the straddling fish stocks and highly migratory fish stocks concerned may be under threat of over-exploitation or where a new fishery is being developed for such stocks. To this end, consultations may be initiated at the request of any interested state with a view to establishing appropriate arrangements to ensure conservation and management of the stocks. Pending agreement on such arrangements, States shall observe the provisions of this Agreement and shall act in good faith and with due regard to the rights, interests and duties of other States. |
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Art.8.3 |
3. Where a subregional or regional fisheries management organization or arrangement has the competence to establish conservation and management measures for particular straddling fish stocks or highly migratory fish stocks, States fishing for the stocks on the high seas and relevant coastal States shall give effect to their duty to cooperate by becoming members of such organization or participants in such arrangement, or by agreeing to apply the conservation and management measures established by such organization or arrangement. States having a real interest in the fisheries concerned may become members of such organization or participants in such arrangement. The terms of participation in such organization or arrangement shall not preclude such States from membership or participation; nor shall they be applied in a manner which discriminates against any State or group of States having a real interest in the fisheries concerned. |
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Art.8.4 |
4. Only those States which are members of such an organization or participants in such an arrangement, or which agree to apply the conservation and management measures established by such organization or arrangement, shall have access to the fishery resources to which those measures apply. |
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Art.8.5 |
5. Where there is no subregional or regional fisheries management organization or arrangement to establish conservation and management measures for a particular straddling fish stock or highly migratory fish stock, relevant coastal States and States fishing on the high seas for such stocks in the subregion or region shall cooperate to establish such an organization or enter into other appropriate arrangements to ensure conservation and management of such stocks and shall participate in the work of the organization or arrangement. |
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Art.8.6 |
6. Any State intending to propose that action be taken by an intergovernmental organization having competence with respect to living resources should, where such action would have a significant effect on conservation and management measures already established by a competent subregional or regional fisheries management organization or arrangement, consult through that organization or arrangement with its member States or participants. To the extent practicable, such consultation should take place prior to the submission of the proposal to the intergovernmental organization. |
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Art.37 |
Article 37 |
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Art.37.1x |
This Agreement shall be open for signature by all States and the other entities referred to in article 1, paragraph 2(b), and shall remain open for signature at United Nations Headquarters for 12 months from the 1995. |
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Art.38 |
Article 38 |
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Art.38.1x |
This Agreement is subject to ratification by States and the other entities referred to in article 1, paragraph 2(b). The instruments of ratification shall be deposited with the Secretary-General of the United Nations. |
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Art.39 |
Article 39 |
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Art.39.1x |
This Agreement shall remain open for accession by States and the other entities referred to in article 1, paragraph 2(b). The instruments of accession shall be deposited with the Secretary-General of the United Nations. |
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Art.45 |
Article 45 |
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Art.45.1 |
1. A State Party may, by written communication addressed to the Secretary-General of the United Nations, propose an amendment to this Agreement and request the convening of a conference to consider such proposed amendment. The Secretary-General shall circulate such communication to all States Parties. If, within six months from the date of the circulation of the communication, not less than one half of the States Parties reply favourably to the request, the Secretary-General shall convene the conference. |
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Art.45.2 |
2. The decision-making procedure applicable at the amendment conference convened pursuant to paragraph 1 shall be the same as that applicable at the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, unless otherwise decided by the conference. The conference should make every effort to reach agreement on any amendments by way of consensus and there should be no voting on them until all efforts at consensus have been exhausted. |
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Art.45.3 |
3. Once adopted, amendments to this Agreement shall be open for signature by States Parties for 12 months from the date of adoption, at United Nations Headquarters, unless otherwise provided in the amendment itself. |
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Art.45.4 |
4. Articles 38, 39, 4, and 50 apply to all amendments to this Agreement. |
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Art.45.5 |
5. An amendment to this Agreement shall enter into force for the States Parties which establish their consent to be bound by it on the thirtieth day following the deposit of instruments of ratification or accession by two thirds of the States Parties. Thereafter, for each State Party ratifying or acceding to an amendment after the deposit of the required number of such instruments, the amendment shall enter into force on the thirtieth day following the deposit of its instrument of ratification or accession. |
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Art.45.6 |
6. An amendment may provide that a smaller or a larger number of ratifications or accessions shall be required for its entry into force than are required by this article. |
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Art.45.7 |
7. A State which becomes a Party to this Agreement after the entry into force of amendments in accordance with paragraph 5 shall, failing an expression of a different intention by that State: |
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Art.45.7.a |
(a) be considered as a Party to this Agreement as so amended; and |
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Art.45.7.b |
(b) be considered as a Party to the unamended Agreement in relation to any State Party not bound by the amendment. |
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Art.47 |
Article 47 |
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Art.47.1 |
1. In cases where an international organization referred to in article 1 of Annex IX to the Convention does not have competence over all the matters governed by this Agreement, Annex IX to the Convention shall apply mutatis mutandis to participation by such international organization in this Agreement, except that the following provisions of that Annex shall not apply: |
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Art.47.1.a |
(a) article 2, first sentence; and |
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Art.47.1.b |
(b) article 3, paragraph 1. |
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Art.47.2 |
2. In cases where an international organization referred to in article 1 of Annex IX to the Convention has competence over all the matters governed by this Agreement, the following provisions shall apply to participation by such international organization in this Agreement: |
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Art.47.2.a |
(a) at the time of signature or accession, such international organization shall make a declaration stating: |
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Art.47.2.a.i |
(i) that it has competence over all the matters governed by this Agreement; |
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Art.47.2.a.ii |
(ii) that, for this reason, its member States shall not become States Parties, except in respect of their territories for which the international organization has no responsibility; and |
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Art.47.2.a.iii |
(iii) that it accepts the rights and obligations of States under this Agreement; |
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Art.47.2.b |
(b) participation of such an international organization shall in no case confer any rights under this Agreement on member states of the international organization; |
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Art.47.2.c |
(c) in the event of a conflict between the obligations of an international organization under this Agreement and its obligations under the agreement establishing the international organization or any acts relating to it, the obligations under this Agreement shall prevail. |
