A/CONF.164/22/Rev.1 of 11 April 1995, the Chair's Revised Text, was submitted to delegates at the Plenary, on Wednesday morning, by the Chairman, Satya Nandan. The text consists of 48 Articles and two Annexes. In the Preamble, there is a new paragraph on the need to avoid adverse impacts on the marine environment and to preserve biodiversity.
Article 1, dealing with use of terms and scope contains new definitions of "conservation and management measures" and of "fish". Article 2, on objective, now states that the objective of the Agreement is to ensure long-term conservation and sustainable use of SFS and HMFS "through effective implementation of the relevant provisions of the Convention". Article 4, concerning the relationship between this Agreement and the Convention, states that nothing in the Agreement "shall" prejudice the "rights, jurisdiction and duties of States under the Convention".
In Article 5, outlining the general principles, a new paragraph (d) assesses the impacts of fishing, other human activities and environmental factors on target species and species belonging to the same ecosystem or dependent upon or associated with the target species. Paragraph (f) includes reference to "requiring" the use of selective, environmentally safe and cost-effective fishing gear and techniques. New paragraph (i) takes into account the interests of artisinal and subsistence fishers. Paragraph (l) now contains reference to implementing and "enforcing" conservation and management measures through effective monitoring, control and surveillance.
Article 6, dealing with application of the precautionary approach, refers to its "wide" application. Paragraph (6) now reads that when the status of target stocks or non-target or "associated or dependent" species is of concern, States shall subject those stocks to enhanced monitoring. Paragraph (7) calls upon States to establish conservative conservation and management measures as soon as possible for new or exploratory fisheries. Article 7, on compatibility of conservation and management measures, contains a new paragraph (7), stating that coastal States shall regularly inform States fishing on the high seas of measures adopted by coastal States for SFS and HMFS within areas under their national jurisdiction, and a new paragraph (8), saying that States fishing on the high seas shall regularly inform other interested States of measures for regulating activities of vessels flying their flag.
In Article 10, on functions of regional fisheries management organizations and arrangements, new paragraph (m) deals with transparency in decision-making. A new paragraph (3) has been added to Article 12, dealing with promoting scientific research related to the conservation and management of SFS and HMFS for the "benefit of all". Article 13, on enclosed and semi-enclosed seas, contains reference to the "geographical and ecological characteristics" of such seas. Article 14, dealing with areas of high seas surrounded entirely by areas under the national jurisdiction of a single State, calls for States to pay special attention to the establishment of compatible conservation and management measures for SFS and HMFS. Article 15, on transparency, includes new reference to intergovernmental and non-governmental organizations having "timely access to the records and reports" of fisheries organizations or arrangements. Paragraph (e) of Article 16, concerning new participants, refers to the needs of coastal States whose economies are overwhelmingly dependent on the exploitation of living marine resources. Paragraph (1) of Article 18 refers to ensuring that flag States' vessels do not engage in any activity that undermines the effectiveness of conservation and management measures.
Article 20, dealing with international cooperation in enforcement, includes a new paragraph (5) that says the flag State "may authorize" the coastal State to board and inspect a vessel on the high seas that is believed to have been engaged in unauthorized fishing within an area under the jurisdiction of a coastal State. Article 21, on regional agreements and arrangements for compliance and enforcement, now deals with development of procedures governing the exercise of the right of boarding and inspection. Paragraph (2) of Article 22, on boarding and inspection by port States, contains new reference to prohibition of landings and transshipments where it has been established that the catch has been taken in a manner that undermines the effectiveness of subregional or regional conservation and management measures on the high seas. Subparagraph (2)(b) of Article 23, concerning recognition of the special requirements of developing States, now mentions the need to ensure access to fisheries by subsistence, small-scale, artisanal and women fishworkers, as well as indigenous peoples in developing States. In Article 24, on forms of cooperation with developing States, subparagraph (3)(a) deals with the objective of collection, reporting, verification, exchange and analysis of fisheries data and related information is "improved conservation and management of fisheries".
In Article 28, dealing with settlement of disputes, paragraphs (3) and (4) deal with settlement of disputes in relation to Part XV and Article 287 of UNCLOS. Paragraph (1) of Article 30, on provisional measures, states that pending the resolution of a dispute, the parties to the dispute may submit the matter to a court or tribunal referred to in Article 287 of UNCLOS.
In Article 34, on reports on developments in relation to conservation and management of SFS and HMFS, the Secretary-General of the United Nations shall submit a report to the General Assembly on "developments" in relation to the conservation of SFS and HMFS, instead of on "progress made in the implementation of the provisions of this Agreement". Article 40 now deals with "provisional application" of the Agreement pending its entry into force. A new paragraph (2) is contained in Article 46 dealing with revision of the Annexes. Annex 1, on standard requirements for collection and sharing of data, now provides that basic fishery data collected by States shall be "made available to the relevant subregional or regional fisheries organizations". Annex 2, outlining guidelines for application of precautionary reference points in conservation and management of SFS and HMFS, contains a reference in paragraph 4 to associated "or dependent" species being maintained or restored to levels consistent with previously agreed precautionary reference points.
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