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| Convention on the Conservation and Management of High Seas Fishery Resources | |
|---|---|
| Name | Convention on the Conservation and Management of High Seas Fishery Resources |
| Type | Multilateral environmental agreement |
| Signed | 1995 |
| Parties | 50–100 (varies) |
| Effective | 15 June 1996 |
| Depositor | Secretary-General of the United Nations |
| Languages | Arabic; Chinese; English; French; Russian; Spanish |
Convention on the Conservation and Management of High Seas Fishery Resources
The Convention on the Conservation and Management of High Seas Fishery Resources is a multilateral treaty adopted in the mid-1990s to regulate fishing activities beyond national jurisdiction. It builds on precedents from United Nations Convention on the Law of the Sea and complements instruments such as the Stockholm Declaration, Convention on Biological Diversity, FAO, UN General Assembly resolutions and regional regimes including North East Atlantic Fisheries Commission, Commission for the Conservation of Antarctic Marine Living Resources, and Inter-American Tropical Tuna Commission.
Negotiations occurred in the context of post-UNCLOS discussions and the Earth Summit (1992) momentum, involving delegations from United States, Japan, European Union, United Kingdom, France, Russia, Canada, Australia, China, Norway, and smaller coastal states like Iceland and New Zealand, along with international organizations such as the Food and Agriculture Organization of the United Nations, International Maritime Organization, World Trade Organization, and International Union for Conservation of Nature. Stakeholders included non-governmental organizations like Greenpeace, World Wildlife Fund, Oceana, and Friends of the Earth, as well as industry groups such as the International Association of Fishing Vessel Owners and national fisheries ministries including Minister of Fisheries (Iceland), Fisheries and Oceans Canada, and agencies like the National Marine Fisheries Service. Negotiations referenced precedents from the 1979 Convention on Long-Range Transboundary Air Pollution, 1992 Convention on Biological Diversity, and jurisprudence from the International Tribunal for the Law of the Sea and the International Court of Justice.
The Convention aims to ensure long-term conservation and sustainable use of fishery resources on the high seas, aligning with objectives articulated in the Rio Declaration on Environment and Development, the Agenda 21 program, and multiple UN General Assembly fisheries resolutions. Its geographic scope covers areas beyond the Exclusive Economic Zones established under UNCLOS, and its subject-matter scope intersects with agreements like the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the Convention on Migratory Species, and the mandate of the FAO Committee on Fisheries. Parties accepted obligations consistent with instruments such as the 1995 UN Fish Stocks Agreement and engaged with regional fisheries management organizations like the Commission for the Conservation of Southern Bluefin Tuna and the Indian Ocean Tuna Commission.
Core provisions require Parties to adopt conservation and management measures based on the best available scientific information produced by bodies including the International Council for the Exploration of the Sea, the Scientific Committee on Antarctic Research, the International Whaling Commission scientific subcommittees, and national research institutes such as the Scripps Institution of Oceanography and Woods Hole Oceanographic Institution. Obligations include establishing catch limits, bycatch mitigation measures, habitat protection rules, and data-reporting systems modelled after mechanisms used by the European Commission and the United States Magnuson–Stevens Act. The Convention mandates cooperation with customs authorities like World Customs Organization and port states such as Panama, Liberia, Marshall Islands to enforce reporting, observer programs like those of the Agreement on Port State Measures, and vessel monitoring systems akin to those employed by Japan and Norway. It references standards from the International Organization for Standardization and legal principles developed in ICJ and ITLOS decisions.
Governance is organized through a Conference of the Parties comprising representatives from Parties including Brazil, Argentina, South Africa, India, Indonesia, Philippines, Senegal, Mauritania, and Morocco, supported by a Secretariat often located within or collaborating with the Food and Agriculture Organization of the United Nations and the United Nations Division for Ocean Affairs and the Law of the Sea. Scientific advice is provided by panels and committees drawing on expertise from institutions such as Pew Charitable Trusts funded programs, the International Seafood Sustainability Foundation, and university centers like University of British Columbia and University of Miami. The Convention envisages cooperation with regional fisheries management organizations exemplified by Northwest Atlantic Fisheries Organization and Western and Central Pacific Fisheries Commission.
Compliance mechanisms combine periodic reporting, peer review, and dispute settlement options referencing International Tribunal for the Law of the Sea procedures and UNCLOS Part XV. Monitoring uses vessel monitoring systems, satellite surveillance technology provided by firms and agencies connected to European Space Agency and NASA, observer programs modeled on Commission for the Conservation of Antarctic Marine Living Resources practice, and cooperation with flag states such as Vanuatu and Belize and port states like South Korea and Spain. Enforcement tools include trade measures reminiscent of WTO safeguard approaches, blacklisting of non-compliant vessels similar to the International Maritime Organization's lists, and referral to international judicial bodies including the International Court of Justice.
Implementation has influenced management of key stocks like tuna, bluefin tuna, orange roughy, and pelagic species targeted by fleets from European Union, Japan, Taiwan, China, South Korea, and United States. The Convention has driven adoption of scientific stock assessments by bodies such as the International Commission for the Conservation of Atlantic Tunas and stimulated regional agreements like those under Agreement on the Conservation of Albatrosses and Petrels and Convention on the Conservation of Antarctic Marine Living Resources. It has affected port states including Ecuador and Peru, insurance markets in London, and seafood supply chains serving companies such as Thai Union Group and Marine Harvest (now Mowi ASA), while NGO campaigns by Sea Shepherd Conservation Society and Marine Conservation Institute have pressured compliance.
Critiques invoke enforcement weaknesses similar to those identified in analyses of the Law of the Sea regime and challenges faced by the UN Fish Stocks Agreement, noting disputes involving states like Spain, Japan, Iceland, Malta, and Panama over flag-state responsibilities. Legal challenges have referenced jurisprudence from ITLOS and ICJ and raised concerns paralleling debates in WTO dispute settlement, alleging inadequate remedies for non-compliance and insufficient integration with biodiversity instruments such as the Convention on Biological Diversity and the Nagoya Protocol. Conservationists cite gaps exposed in cases involving high-seas bycatch and IUU fishing documented by organizations like Global Fishing Watch, Oceana, and Greenpeace.