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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.21 |
Article 21 |
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Art.21.1 |
1. In any high seas area covered by a subregional or regional fisheries management organization or arrangement, a State Party which is a member of, or a participant in, such organization or arrangement may, through its duly authorized inspectors, board and inspect, in accordance with paragraph 2, fishing vessels flying the flag of another State Party to this Agreement, whether or not such State Party is also a member of, or a participant in, the organization or arrangement, for the purpose of ensuring compliance with conservation and management measures for straddling fish stocks and highly migratory fish stocks established by that organization or arrangement. |
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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 |
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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 |
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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. |
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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. |
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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: |
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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 |
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Art.21.6.b |
(b) authorize the inspecting State to investigate. |
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Art.21.7 |
7. Where the flag State authorizes the inspecting State to investigate an alleged violation, the inspecting State shall, without delay, communicate the results of that investigation to the flag State. The flag State shall, if evidence so warrants, fulfil its obligations to take enforcement action with respect to the vessel. Alternatively, the flag State may authorize the inspecting State to take such enforcement action as the flag State may specify with respect to the vessel, consistent with the rights and obligations of the flag State under this Agreement. |
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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. |
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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. |
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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. |
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Art.21.11 |
11. For the purposes of this article, a serious violation means: |
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Art.21.11.a |
(a) fishing without a valid licence, authorization or permit issued by the flag State in accordance with article 18, paragraph 3(a); |
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Art.21.11.b |
(b) failing to maintain accurate records of catch and catch-related data, as required by the relevant subregional or regional fisheries management organization or arrangement, or serious misreporting of catch, contrary to the catch reporting requirements of such organization or arrangement; |
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Art.21.11.c |
(c) fishing in a closed area, fishing during a closed season or fishing without, or after attainment of, a quota established by the relevant subregional or regional fisheries management organization or arrangement; |
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Art.21.11.d |
(d) directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited; |
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Art.21.11.e |
(e) using prohibited fishing gear; |
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Art.21.11.f |
(f) falsifying or concealing the markings, identity or registration of a fishing vessel; |
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Art.21.11.g |
(g) concealing, tampering with or disposing of evidence relating to an investigation; |
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Art.21.11.h |
(h) multiple violations which together constitute a serious disregard of conservation and management measures; or |
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Art.21.11.i |
(i) such other violations as may be specified in procedures established by the relevant subregional or regional fisheries management organization or arrangement. |
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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. |
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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. |
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Art.21.14 |
14. This article applies mutatis mutandis to boarding and inspection by a State Party which is a member of a subregional or regional fisheries management organization or a participant in a subregional or regional fisheries management arrangement and which has clear grounds for believing that a fishing vessel flying the flag of another State Party has engaged in any activity contrary to relevant conservation and management measures referred to in paragraph 1 in the high seas area covered by such organization or arrangement, and such vessel has subsequently, during the same fishing trip, entered into an area under the national jurisdiction of the inspecting State. |
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Art.21.15 |
15. Where a subregional or regional fisheries management organization or arrangement has established an alternative mechanism which effectively discharges the obligation under this Agreement of the members of such organization or the participants in such an arrangement to ensure compliance with the conservation and management measures established by the organization or arrangement, members of, or participants in, such organization or arrangement may agree to limit the application of paragraph 1 as between themselves in respect of the conservation and management measures which have been established in the relevant high seas area. |
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Art.21.16 |
16. Action taken by States other than the flag State in respect of vessels having engaged in activities contrary to subregional or regional conservation and management measures shall be proportional to the seriousness of the violation. |
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Art.21.17 |
17. Where there are reasonable grounds for suspecting that a fishing vessel on the high seas is without nationality, a State may board and inspect the vessel. Where evidence so warrants, the State may take such action as may be appropriate in accordance with international law. |
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Art.21.18 |
18. States shall be liable for damage or loss attributable to them arising from action taken pursuant to this article when such action is unlawful or exceeds that reasonably required in the light of available information to implement the provisions of this article. |
