management must be based on the precautionary approach and the best available
scientific information.
23
The United Nations Fish Stocks Agreement elaborates the fundamental principle,
established in the Convention,
24 that States should cooperate to ensure conservation
and promote the objective of the optimum utilization of fisheries resources both
within and beyond the exclusive economic zone. The Agreement provides: “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.”
25
Functions of these organizations or arrangements are provided for explicitly in
the Agreement and they are overarching. For instance, States are to agree on and
comply with conservation and management measures to ensure the long-term
sustainability of straddling fish stocks and highly migratory fish stocks;
26 adopt
and apply any generally recommended international minimum standards for the
responsible conduct of fishing operations;
27 and obtain and evaluate scientific
advice, review the status of the stocks and assess the impact of fishing on
non-target and associated or dependent species.
28
Additionally, the Agreement provides for a formal mechanism in the form of a
Review Conference to assess the effectiveness of the Agreement in securing the
conservation and management of straddling and highly migratory fish stocks by
reviewing and assessing the adequacy of its provisions and, if necessary, propose
means of strengthening the substance and methods of implementation of those
provisions in order better to address any continuing problems in the conservation
and management of those stocks.
29
In this regard, the resumed Review Conference held in 2016 had agreed to keep
the Agreement under review through the resumption of the Conference.
30 At the
23 United Nations Agreement for the Implementation of the Provisions of the Convention relating to
the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks
1995 (UNFSA), Arts 5(b) and 5(c).
24 Art. 118, UNCLOS.
25 UNFSA, Art. 8(1).
26 Id., Art. 10(a).
27 Id., Art. 10(c).
28 Id., Art. 10(d).
29 Id., Art. 36(1) and (2).
30 Report of the resumed Review Conference on the 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,
A/CONF.210/2016/5, 1 August 2016, para. 185. See also id., Annex, Outcome of the resumed
Review Conference, para. 15(b).
17 The Conservation and Sustainable Use of the Ocean in Areas Beyond National. . .
327
scientific information.
23
The United Nations Fish Stocks Agreement elaborates the fundamental principle,
established in the Convention,
24 that States should cooperate to ensure conservation
and promote the objective of the optimum utilization of fisheries resources both
within and beyond the exclusive economic zone. The Agreement provides: “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.”
25
Functions of these organizations or arrangements are provided for explicitly in
the Agreement and they are overarching. For instance, States are to agree on and
comply with conservation and management measures to ensure the long-term
sustainability of straddling fish stocks and highly migratory fish stocks;
26 adopt
and apply any generally recommended international minimum standards for the
responsible conduct of fishing operations;
27 and obtain and evaluate scientific
advice, review the status of the stocks and assess the impact of fishing on
non-target and associated or dependent species.
28
Additionally, the Agreement provides for a formal mechanism in the form of a
Review Conference to assess the effectiveness of the Agreement in securing the
conservation and management of straddling and highly migratory fish stocks by
reviewing and assessing the adequacy of its provisions and, if necessary, propose
means of strengthening the substance and methods of implementation of those
provisions in order better to address any continuing problems in the conservation
and management of those stocks.
29
In this regard, the resumed Review Conference held in 2016 had agreed to keep
the Agreement under review through the resumption of the Conference.
30 At the
23 United Nations Agreement for the Implementation of the Provisions of the Convention relating to
the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks
1995 (UNFSA), Arts 5(b) and 5(c).
24 Art. 118, UNCLOS.
25 UNFSA, Art. 8(1).
26 Id., Art. 10(a).
27 Id., Art. 10(c).
28 Id., Art. 10(d).
29 Id., Art. 36(1) and (2).
30 Report of the resumed Review Conference on the 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,
A/CONF.210/2016/5, 1 August 2016, para. 185. See also id., Annex, Outcome of the resumed
Review Conference, para. 15(b).
17 The Conservation and Sustainable Use of the Ocean in Areas Beyond National. . .
327