ARTICLE 1 - USE OF TERMS AND SCOPE: This Article contains definitions for convention, conservation and management measures, fish, arrangement, and State Parties. The discord concerning regional and sub-regional organizations was reflected in the debate on the definition of arrangement, which means a cooperative mechanism established for the purpose of establishing conservation and management measures. Some States said it should more clearly incorporate features of transparency and openness, a distant water fishing nation (DWFN) characterized it as too broad, while coastal States requested a direct reference to coastal state participation. The definitions of straddling fish stocks and non-target species were transferred to the body of the text.
ARTICLE 2 - OBJECTIVE: Article 2 was accepted without amendment. It states that the objective of the Agreement is to ensure the long-term conservation and sustainable use of straddling fish stocks and highly migratory fish stocks through effective implementation of the relevant provision of the Convention.
ARTICLE 3 - APPLICATION: This article states that the Agreement applies to the conservation and management of SFS and HMFS beyond areas of national jurisdiction, except that Articles 6 and 7 apply also to such stock within areas under national jurisdiction. Paragraph (3) requires due consideration to the respective capacities of developing States to apply Article 5, 6 and 7 within areas under national jurisdiction and their need for assistance. DWFNs unsuccessfully proposed adding a new paragraph that would allow Parties to exempt their fishing vessels operating in regions where States have not yet declared an exclusive economic zone (EEZ). Developing countries sought application of paragraph (3) both within and outside areas of national jurisdiction, but developed countries argued against exemptions and said that, in addition to artisanal fishworkers, many developing countries have global fleets.
ARTICLE 4 - RELATIONSHIP BETWEEN THIS AGREEMENT AND THE CONVENTION: Nothing in the Agreement shall prejudice the rights, jurisdiction and duties of States under the Convention. This Agreement shall be interpreted and applied in the context of and in a manner consistent with the Convention.
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