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SECTION VII. NON-PARTIES TO A SUBREGIONAL OR REGIONAL AGREEMENT OR ARRANGEMENT

This section deals with non-parties to subregional or regional agreements or arrangements that contravene the terms of established conservation and management regimes.

The first delegate pointed out that this section might need to be reorganized since it deals with non-members to regional agreements or arrangements, in paragraphs 35 and 36, while in paragraphs 37 and 38 it deals with the members of regional organizations and arrangements. The Chair answered that he took good note of the comment, but added that all four paragraphs deal with the same topic. Another delegate remarked that there should be an additional section between Sections V and VI or VI and VII dealing with coastal States enforcement. An amendment, taken from language in the Bering Sea Agreement, was suggested that would require the parties to regional agreements to take measures to deter activities that undermine the effectiveness of relevant international conservation and management measures.

The representative of a distant water fishing State noted that references to non-parties are inappropriate, since a code can not impose obligations on a non-party. A new provision was suggested that would require any non-party to inquire with the regional organization about the possibility of carrying out fishing operations. Then, if the regional organization says that there are no possibilities, the flag State should not allow its vessels to fish in this area.

It was highlighted that some points of this section need to be clarified such as: how the regional organizations are identified; do they need to be intergovernmental; is the exchange of information limited to those actions undermining the effectiveness of the measures; what management measures are envisioned and whether they include fishing vessel blacklisting and trade boycotts.

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