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NON-PARTIES TO A SUBREGIONAL OR REGIONAL AGREEMENT OR ARRANGEMENT

One delegate said a key element of the framework is the subregional or regional organizations and arrangements that will apply rules, regulations and principles with due regard to the peculiarities of the region. States will then have legal tools to challenge the unlawful use of stocks. Another delegate insisted that regional organizations should be open to everyone on a non-discriminatory basis.

In paragraph 1, a delegate thought that the first line should not mention only the cooperation of flag States, but that the obligation to cooperate should lie with all States. Another delegate thought that the phrase "flag States" could be replaced by the phrase "all States concerned." It was mentioned that references to criminal law terminology should be avoided. One delegation said that a reference to straddling fish stocks or highly migratory fish stocks should be made in this paragraph. To maintain the reference to the stocks, the last word of the paragraph, "fishery," should be replaced with the phrase "regulated stocks."

In paragraph 3, one delegate asked about the criteria to be used in determining what undermines the effectiveness of relevant conservation and management measures. Specific language should spell this out.

In paragraph 4, one delegate said that blacklisting of vessels seems to be an effective mechanism that should be given some serious consideration, along with other measures that are consistent with international law. This paragraph could be strengthened if the final sentence of paragraph 4, "Such actions shall be consistent with international law," was incorporated into the first sentence so that compliance with conservation and management measures could be promoted. The revised paragraph would than read: "States shall cooperate in a manner consistent with international law to the end that fishing vessels entitled to fly the flags of non-parties do not engage in activities that undermine the effectiveness of relevant international conservation and management measures."

SPECIAL REQUIREMENTS OF DEVELOPING COUNTRIES

This working paper considers the special needs of developing countries regarding straddling fish stocks and highly migratory fish stocks, the need to enhance assistance to them on a regional or subregional basis, and how to channel such assistance effectively. One delegate thought that a new subparagraph 1(a) should be included to address the vulnerability of developing countries whose geography makes them dependent on exploiting living marine resources for their populations. In subparagraph 2(a), one delegation mentioned the importance of including a provision on the vulnerability of coastal communities in these countries that are dependent on fishing.

In paragraph 3, regarding specific forms of assistance to developing countries for the purposes set out in this section, one delegate thought it advisable to permit rapid and regular access to data and information, and assistance in increasing data collection capacity. In subparagraph (b), scientific research should relate to stock assessment. Exchange of information and training of personnel is also important. One delegate said that thought should be given to the means of implementing subparagraph (c) on providing training and funding to help developing countries build their capacity with regard to monitoring, control and surveillance. It was mentioned that subparagraph (d) does not go far enough in discussing access to global dispute mechanisms. It was also suggested that the creation of a voluntary fund to defray costs be considered and the development of gear technology be included among the specific forms of assistance. A delegate thought that the FAO was conspicuous in its absence in relation to the provision to developing countries of scientific research and the collection, verification, and exchange of data.

Paragraph 4 deals with special assistance to developing countries to enhance their ability to conserve, manage and develop their own national fisheries for these stocks. It was argued that this assistance is not limited to the high seas, but should include the EEZs. A provision should be developed to reflect the ability of developing countries to enjoy the benefits of these stocks "in their own zones and on the high seas."

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