Agreement For The Implementation Of The Provisions Of The United Nations Convention

ON THE LAW OF THE SEA OF 10 DECEMBER 1982 RELATING TO THE CONSERVATION AND MANAGEMENT OF STRADDLING FISH STOCKS AND HIGHLY MIGRATORY FISH STOCKS

Part 111

Mechanisms For International Cooperation

Concerning Straddling Fish Stocks And High

Ly Migratory Fish Stocks

Article 8 Cooperation for conservation and management 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. 2. States shall enter into consultations in good faith and with out delay, particularly where there is evidence that the strad . dling 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 conser vation 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. 3. Where a subregional or regional fisheries management organization or arrangement has the competence to establish conservation and management measures for particular strad dling 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. 4. Only those States which are members of such an organi zation 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. 5. Where there is no subregional or regional fisheries man agement 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 stock in the subregion or region shall cooperate to establish such an organization or enter into other appropriate arrangements to ensure conservation and man agement of such stock and shall participate in the work of the organization or arrangement. 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 sig nificant effect on conservation and management measures already established by a competent subregional or regional fish eries management organization or arrangement, consult through that organization or arrangement with its members or partici pants. To the extent practicable, such consultation should take place prior to the submission of the proposal to the intergovern mental organization.