ENB:07:16
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A/CONF.164/13:
The final negotiating text says that coastal
States and States fishing on the high seas have a duty to cooperate
and achieve compatible and coordinated measures for the
conservation and management of these stocks. States should
recognize the interdependence of stock components harvested in
areas under national jurisdiction and on the high seas. In
determining conservation and management measures, States and
subregional or regional organizations or arrangements shall ensure
that the measures: do not transfer a disproportionate burden onto
the coastal State(s); do not result in undue harm to the living
marine resources in the areas of national jurisdiction; are no less
stringent on the high seas than those established in areas under
national jurisdiction (with regard to the same stock); and give due
regard to measures taken or proposed by coastal States, relative
dependence of the coastal State and States fishing on the high seas
on the stock(s) concerned, the impact of fishing on the stock, and
the particularities of the region. Where States are unable to reach
agreement, States shall continue their efforts and States fishing
on the high seas shall observe conservation and management measures
equivalent to those in effect in areas under national jurisdiction,
or observe minimum international standards.