ACTING IN GOOD FAITH: Paragraph 3 addresses States entering into consultations in good faith. Caution was urged in the use of terms such as "abuse of right." Agreements should be reached expeditiously, and a compulsory and binding dispute resolution mechanism should be included. The resources also should be protected during the negotiating process.
COOPERATION WITH REGIONAL ORGANIZATIONS: In paragraph 4, it was mentioned that special consideration might be given to coastal communities that are dependent on fishing in adjacent areas. There should be cooperation between the coastal States and the distant water fishing nations in the work of the organization. Although this paragraph deals with the high seas, it does not say where cooperation between regional bodies, coastal States and distant water fishing States will occur. Such organizations should be open to all States interested in the stocks concerned without discrimination and should give due regard to developing States.
PARTICIPATION IN REGIONAL AND SUBREGIONAL MANAGEMENT ORGANIZATIONS: Paragraph 5 deals with subregional and regional fisheries management organizations and arrangements. Generally, a delegate said, the word "agreements" might be a better choice than the word "arrangements" throughout the document. Regional organizations should be open to all States that are interested in the exploitation of the living marine resources. Important factors to remember are the status of the stock under consideration, the fishing effort, and the expectations of parties. It was pointed out that paragraph 10 in A/CONF/ 164/L.20 comments on paragraphs 5, 7 and 8. Paragraph 10 calls for international fisheries organizations to be open, on a non-discriminatory basis, to all States interested in the exploitation of the stocks concerned.
ACCESS TO THE REGULATED FISHERY: In regard to paragraph 8, it is important for States to join regional fisheries management organizations or arrangements. States fishing in the high seas should participate in the work of the organization, even though they may not be members of the region. Subparagraph 1(n) of Document III, "Regional fisheries management organizations or arrangements," is relevant here, since it is not clear if organizations outside the region would have the authority to review the effectiveness of a specific regional organization.
ESTABLISHMENT OF ORGANIZATIONS: Paragraph 10 deals with the agreement of States, when establishing subregional or regional fisheries management organizations, on aspects such as the fish stock(s) to which conservation and management measures apply, the area to be covered, relationship to existing organizations, mechanisms for obtaining scientific advice, and processes to facilitate timely determination of conservation and management measures. The nature of the fisheries, a delegate said, should be directed at the biological characteristics of the stocks.
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