United Nations Fish Stocks Agreement

United Nations Fish Stocks Agreement
United Nations · CC0 · source
Name	United Nations Fish Stocks Agreement
Long name	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
Date signed	4 August 1995
Location signed	New York
Condition effective	30 ratifications
Date effective	11 December 2001
Parties	States and regional organizations

United Nations Fish Stocks Agreement 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 is a multilateral treaty negotiated under the auspices of the United Nations to provide a legal framework for the conservation and management of high seas fisheries. It builds upon the United Nations Convention on the Law of the Sea and interfaces with instruments and bodies such as the Food and Agriculture Organization of the United Nations, the International Maritime Organization, and regional fisheries management organizations including the North East Atlantic Fisheries Commission and the Indian Ocean Tuna Commission. The Agreement entered into force after widespread ratification, shaping regional cooperation among coastal States, distant-water fishing States, and intergovernmental organizations.

Background and Negotiation

The negotiation process took place during the 1990s amid growing attention from the United Nations General Assembly to issues raised by the Third United Nations Conference on the Law of the Sea, the World Summit for Social Development, and the Convention on Biological Diversity. Delegations from States such as Norway, Japan, Spain, Chile, United States, China, India, Australia, and South Africa participated alongside representatives of the European Union (EU), the African Union, and international organizations like the World Trade Organization and the International Court of Justice. Expert input came from research institutions including the International Centre for Ocean Development, the Intergovernmental Oceanographic Commission, the International Union for Conservation of Nature, and university centers such as Scripps Institution of Oceanography, Woods Hole Oceanographic Institution, and University of British Columbia. Debates during the United Nations Conference on Environment and Development and subsequent meetings highlighted tensions between small island developing states, distant-water fishing nations, and coastal states over access, exclusive economic zone limits, and straddling stocks versus highly migratory species designations.

Objectives and Key Provisions

The Agreement's primary objectives mirror language from the United Nations Convention on the Law of the Sea by emphasizing cooperation for the conservation and sustainable exploitation of straddling fish stocks and highly migratory fish stocks such as tuna, marlin, swordfish, and sharks. Core provisions require States to apply the precautionary approach endorsed by the Stockholm Declaration and the Rio Declaration, to use the best available scientific evidence from bodies like the International Council for the Exploration of the Sea and the Scientific Committee on Oceanic Research, and to establish compatible conservation measures through regional fisheries management organizations including the Commission for the Conservation of Southern Bluefin Tuna and the Northwest Atlantic Fisheries Organization. The Agreement mandates use of bycatch mitigation techniques advocated by the Convention on International Trade in Endangered Species of Wild Fauna and Flora and integrates principles similar to those in the Convention on Biological Diversity concerning ecosystem-based management and species vulnerability.

Implementation and Monitoring

Implementation relies on State reporting, scientific assessments, and cooperation within regional fisheries management organizations and bilateral arrangements like those between New Zealand and the Cook Islands. Monitoring, control, and surveillance measures draw on systems promoted by the Food and Agriculture Organization of the United Nations such as the International Plan of Action on Illegal, Unreported and Unregulated Fishing and the FAO Port State Measures Agreement, while flag State responsibilities are reinforced by principles from the International Maritime Organization and the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation. Data collection and stock assessment methods use protocols from the North Pacific Anadromous Fish Commission, the Commission for the Conservation of Antarctic Marine Living Resources, and regional scientific bodies like the Pacific Community (SPC) and the Caribbean Regional Fisheries Mechanism. Observer programs, vessel monitoring systems, and catch documentation schemes incorporate technology standards from agencies such as the European Fisheries Control Agency and research from the Pew Charitable Trusts and World Wildlife Fund.

Parties and Ratification

States that ratified early included Russia, Mexico, Philippines, Brazil, Argentina, Canada, Iceland, and members of the European Union. Ratification processes involved national authorities such as legislatures and executive branches; some ratifications were accompanied by declarations referencing compatibility with domestic laws like those of United States, Japan, and Australia. Regional organizations, including the European Union, have accepted competence in fisheries matters under the Agreement. The treaty reached the required threshold after accession by a diverse group of parties from the Caribbean Community, the Pacific Islands Forum, and coastal and distant-water States from the Atlantic Ocean, Pacific Ocean, Indian Ocean, and Southern Ocean.

Impact on Fisheries Management and Conservation

The Agreement influenced the evolution of regional fisheries management organizations by prompting reforms in mandates, decision-making procedures, and scientific advisory functions seen in bodies like the International Commission for the Conservation of Atlantic Tunas and the Western and Central Pacific Fisheries Commission. Conservation outcomes include strengthened measures for tuna stock rebuilding plans, increased use of catch shares and quota systems modeled after practices in New Zealand and Iceland, and enhanced protections for migratory elasmobranchs influenced by work from the Convention on Migratory Species partners and NGOs such as Oceana. The instrument contributed to international litigation and advisory opinions at the International Tribunal for the Law of the Sea and influenced policy processes at the United Nations General Assembly and the High-Level Panel for a Sustainable Ocean Economy.

Compliance, Dispute Resolution, and Enforcement

The Agreement provides mechanisms for peaceful dispute settlement drawing on procedures in the United Nations Convention on the Law of the Sea and encourages recourse to the International Tribunal for the Law of the Sea, the International Court of Justice, and arbitration under the Annex VII modality. Compliance measures emphasize cooperation, scientific review panels, and enforcement via port State measures, boarding and inspection regimes, and sanctions coordinated through regional entities such as the North Atlantic Salmon Conservation Organization and the Commission for the Conservation of Antarctic Marine Living Resources. Challenges remain regarding flag State control, enforcement capacity in developing States, and coordination with trade-related frameworks like the World Trade Organization, yet the Agreement continues to serve as a reference for national legislation in nations from Kenya to Portugal and for initiatives by intergovernmental groups including the Commonwealth of Nations and the Association of Southeast Asian Nations.

Category:International fisheries treaties