|
Art.5.1x.j |
(j) collect and share, in a timely manner, complete and accurate data concerning fishing activities on, inter alia, vessel position, catch of target and non-target species and fishing effort, as set out in Annex I, as well as information from national and international research programmes; |
|
Art.6.3.a |
(a) improve decision-making for fishery resource conservation and management by obtaining and sharing the best scientific information available and implementing improved techniques for dealing with risk and uncertainty; |
|
Art.7.7 |
7. Coastal States shall regularly inform States fishing on the high seas in the subregion or region, either directly or through appropriate subregional or regional fisheries management organizations or arrangements, or through other appropriate means, of the measures they have adopted for straddling fish stocks and highly migratory fish stocks within areas under their national jurisdiction. |
|
Art.7.8 |
8. States fishing on the high seas shall regularly inform other interested States, either directly or through appropriate subregional or regional fisheries management organizations or arrangements, or through other appropriate means, of the measures they have adopted for regulating the activities of vessels flying their flag which fish for such stocks on the high seas. |
|
Art.9.2 |
2. States cooperating in the formation of a subregional or regional fisheries management organization or arrangement shall inform other States which they are aware have a real interest in the work of the proposed organization or arrangement of such cooperation. |
|
Art.10 |
Article 10 |
|
Art.10.1x.f |
(f) compile and disseminate accurate and complete statistical data, as described in Annex I, to ensure that the best scientific evidence is available, while maintaining confidentiality where appropriate; |
|
Art.10.1x.g |
(g) promote and conduct scientific assessments of the stocks and relevant research and disseminate the results thereof; |
|
Art.10.1x.h |
(h) establish appropriate cooperative mechanisms for effective monitoring, control, surveillance and enforcement; |
|
Art.10.1x.m |
(m) give due publicity to the conservation and management measures established by the organization or arrangement. |
|
Art.11 |
Article 11 |
|
Art.14.1.a |
(a) collect and exchange scientific, technical and statistical data with respect to fisheries for straddling fish stocks and highly migratory fish stocks; |
|
Art.14.2.b |
(b) develop and share analytical techniques and stock assessment methodologies to improve measures for the conservation and management of straddling fish stocks and highly migratory fish stocks. |
|
Art.14.3 |
3. Consistent with Part XIII of the Convention, States shall cooperate, directly or through competent international organizations, to strengthen scientific research capacity in the field of fisheries and promote scientific research related to the conservation and management of straddling fish stocks and highly migratory fish stocks for the benefit of all. To this end, a State or the competent international organization conducting such research beyond areas under national jurisdiction shall actively promote the publication and dissemination to any interested States of the results of that research and information relating to its objectives and methods and, to the extent practicable, shall facilitate the participation of scientists from those States in such research. |
|
Art.15 |
Article 15 |
|
Art.17.4 |
4. States which are members of such organizations or participants in such arrangements shall exchange information with respect to the activities of fishing vessels flying the flags of States which are neither members of the organization nor participants in the arrangement and which are engaged in fishing operations for the relevant stocks. They shall take measures consistent with this Agreement and international law to deter activities of such vessels which undermine the effectiveness of subregional or regional conservation and management measures. |
|
Sect.5 |
PART V |
|
Art.18.3.d |
(d) requirements for marking of fishing vessels and fishing gear for identification in accordance with uniform and internationally recognizable vessel and gear marking systems, such as the Food and Agriculture Organization of the United Nations Standard Specifications for the Marking and Identification of Fishing Vessels; |
|
Art.18.3.f |
(f) requirements for verifying the catch of target and non-target species through such means as observer programmes, inspection schemes, unloading reports, supervision of transshipment and monitoring of landed catches and market statistics; |
|
Art.19.1.c |
(c) require any vessel flying its flag to give information to the investigating authority regarding vessel position, catches, fishing gear, fishing operations and related activities in the area of an alleged violation; |
|
Art.19.1.d |
(d) if satisfied that sufficient evidence is available in respect of an alleged violation, refer the case to its authorities with a view to instituting proceedings without delay in accordance with its laws and, where appropriate, detain the vessel concerned; and |
|
Art.20.3 |
3. A flag State may undertake such investigations directly, in cooperation with other interested States or through the relevant subregional or regional fisheries management organization or arrangement. Information on the progress and outcome of the investigations shall be provided to all States having an interest in, or affected by, the alleged violation. |
|
Art.20.4 |
4. States shall assist each other in identifying vessels reported to have engaged in activities undermining the effectiveness of subregional, regional or global conservation and management measures. |
|
Art.20.6 |
6. Where there are reasonable grounds for believing that a vessel on the high seas has been engaged in unauthorized fishing within an area under the jurisdiction of a coastal State, the flag State of that vessel, at the request of the coastal State concerned, shall immediately and fully investigate the matter. The flag State shall cooperate with the coastal State in taking appropriate enforcement act on in such cases and may authorize the relevant authorities of the coastal State to board and inspect the vessel on the high seas This paragraph is without prejudice to article III of the Convention. |
|
Art.21.2 |
2. States, through subregional or regional fisheries management organizations or arrangements, shall establish procedures for boarding and inspection pursuant to paragraph 1, as well as procedures to implement other provisions of this article. Such procedures shall be consistent with this article and the basic procedures set out in article 22 and shall not discriminate against non-members of the organization or non-participants in the arrangement. Boarding and inspection as well as any subsequent enforcement action shall be conducted in accordance with such procedures. States shall give due publicity to procedures established pursuant to this paragraph |
|
Art.21.3 |
3. If, within two years of the adoption of this Agreement, any organization or arrangement has not established such procedures, boarding and inspection pursuant to paragraph 1, as well as any subsequent enforcement actions, shall, pending the establishment of such procedures, be conducted in accordance with this article and the basic procedures set out in article 22 |
|
Art.21.4 |
4. Prior to taking action under this article, inspecting States shall, either directly or through the relevant subregional or regional fisheries management organization or arrangement, inform all States whose vessels fish on the high seas in the subregion or region of the form of identification issued to their duly authorized inspectors. The vessels used for boarding and inspection shall be clearly marked and identifiable as being on government service. At the time of becoming a Party to this Agreement, States shall designate an appropriate authority to receive notifications pursuant to this article and shall give due publicity of such designation through the relevant subregional or regional fisheries management organization or arrangement. |
|
Art.21.5 |
5. Where, following a boarding and inspection, there are clear grounds for believing that a vessel has engaged in any activity contrary to the conservation and management measures referred to in paragraph 1, the inspecting State shall, where appropriate, secure evidence and shall promptly notify the flag State of the alleged violation. |
|
Art.21.6 |
6. The flag State shall respond to the notification referred to under paragraph 5 within three working days of its receipt, or such other period as may be prescribed in procedures established in accordance with paragraph 2, and shall either: |
|
Art.21.6.a |
(a) fulfil, without delay, its obligations under article 19 to investigate and, if evidence so warrants, take enforcement action with respect to the vessel, in which case it shall promptly inform the inspecting state of the results of the investigation and of any enforcement action taken; or |
|
Art.21.6.b |
(b) authorize the inspecting State to investigate. |
|
Art.21.8 |
8. Where, following a boarding and inspection, there are clear grounds for believing that a vessel has committed a serious violation, and the flag State has either failed to respond or failed to take action as required under paragraphs 6 or 7, the inspectors may remain on board and secure evidence and may require the master to assist in further investigation including, where appropriate, by bringing the vessel without delay to the nearest appropriate port, or to such other port as may be specified in procedures established in accordance with paragraph 2. The inspecting State shall immediately inform the flag State of the name of the port to which the vessel is to proceed. The inspecting State and the flag State and, as appropriate, the port State shall take all necessary steps to ensure the well-being of the crew regardless of their nationality. |
|
Art.21.9 |
9. The inspecting State shall inform the flag State and the relevant organization or the participants in the relevant arrangement of the results of any further investigation. |
|
Art.21.10 |
10. The inspecting State shall require its inspectors to observe international rules and generally accepted practices and procedures relating to the safety of the vessel and the crew, minimize interference with fishing operations and, to the extent practicable, avoid action which would adversely affect the quality of the catch on board. Inspecting States shall ensure that boarding and inspection is not conducted in a manner that would constitute harassment of any fishing vessel. |
|
Art.21.12 |
12. Notwithstanding the other provisions of this article, the flag State may, at any time, take action to fulfil its obligations under article 19 with respect to an alleged violation. Where the vessel is under the direction of the inspecting State, the inspecting State shall, at the request of the flag State, release the vessel to the flag State along with full information on the progress and outcome of its investigation. |
|
Art.21.13 |
13. This article is without prejudice to the right of the flag State to take any measures, including proceedings to impose penalties, according to its laws. |
|
Art.22.1.c |
(c) do not interfere with the master's ability to communicate with the authorities of the flag State during the boarding and inspection; |
|
Art.22.1.e |
(e) promptly leave the vessel following completion of the inspection if they find no evidence of a serious violation; and |
|
Art.25.2 |
2. Cooperation with developing States for the purposes set out in this article shall include the provision of financial assistance, assistance relating to human resources development, technical assistance, transfer of technology,, including through joint venture arrangements, and advisory and consultative services. |
|
Art.25.3.a |
(a) improved conservation and management of straddling fish stocks and highly migratory fish stocks through collection, reporting, verification, exchange and analysis of fisheries data and related information; |
|
Art.25.3.b |
(b) stock assessment and scientific research; and |
|
Art.26 |
Article 26 |
|
Art.44.3 |
3. States Parties intending to conclude an agreement referred to in paragraph 2 shall notify the other States Parties through the depositary of this Agreement of their intention to conclude the agreement and of the modification or suspension for which it provides. |
