ENB:07:42 [Next] . [Previous] . [Contents]

A BRIEF ANALYSIS OF THE REVISED DRAFT AGREEMENT

The Chair's Unofficial Revised text of the Draft Agreement, A/CONF.164/22 (Rev. 1) of 7 April 1995 contains a number of changes from the Draft Agreement of 23 August 1994. In the Preamble, States Parties would commit themselves to responsible "fisheries" rather than responsible "fishing". In Article 1 dealing with use of terms and scope, new definitions of "conservation and management measures" and "fish" appear.

In Article 3, dealing with application, a new sentence has been added to paragraph (1) on the exercise of coastal States' sovereign rights for the purposes of exploring and exploiting, conserving and managing SFS and HMFS. In paragraph (2), consideration for "capacity of developing States" and their need for assistance has been added.

In Article 5, new subparagraphs dealing with impacts of fishing and other human activities on target species; the interests of artisanal and subsistence fishers; and, the implementation and enforcement of conservation and management measures have been added.

In Article 6, dealing with the precautionary approach, paragraph (1), States shall apply the precautionary principle "widely". A new paragraph (3) (b) has been added on stock-specific reference points. Paragraph (5) deals with emergency conservation and management measures.

Article 7, on compatibility of conservation and management measures now includes a reference to Article 61 of UNCLOS in subparagraph (2) (a); subparagraph (c) includes a reference to "available information" on biological unity and other characteristics of the stock(s); a new paragraph (7) deals with coastal States notifying States fishing on the high seas, of conservation and management measures taken by coastal States; a new paragraph (8) deals with States fishing on the high seas regularly notifying other interested States of measures adopted for control of vessels flying their flag that fish for SFS and HMFS on the high seas.

In Article 8, dealing with cooperation for conservation and management, paragraph (6) has been added, dealing with action taken by an intergovernmental organization.

In Article 10, dealing with obligations of States that cooperate through regional fisheries management organizations and arrangements, paragraph (1) (m) on transparency has been added.

Article 12 which deals with the collection of information in scientific research, contains a new paragraph (3) on cooperation to strengthen research capacity.

Article 13 on enclosed and semi-enclosed seas contains added language on the geographical and ecological characteristics of the sea and the legal regimes relating to the conduct of fisheries therein.

Article 14 dealing with areas of high seas surrounded by areas under the national jurisdiction of a single State, now mentions a cross-reference to compatible conservation and management measures in Article 7. A new subparagraph (e) dealing with the needs of coastal States whose economies are overwhelmingly dependent on the exploitation of marine living resources has been added to Article 17 which deals with non-participants, and a new paragraph (4) has been added, covering cooperation with subregional or regional fisheries organizations or arrangements.

In Article 19, on compliance and enforcement by flag States, paragraph (2), on compliance by their nationals with subregional or regional conservation and management measures has been deleted.

Article 20 dealing with international cooperation in enforcement, contains a new paragraph (5), on unauthorized fishing within an area under jurisdiction of a coastal State.

Article 24 deals with forms of cooperation with developing States and includes reference to SIDS and LDCs in subparagraphs 1 (a) and (b).

Article 29 dealing with settlement of disputes, has been completely redrafted.