Large-scale pelagic drift-net fishing; unauthorized fishing in zones of national jurisdiction; and fisheries by-catch and discards, G.A. res. 51/36, 51 U.N. GAOR Supp. (No. 49) at 37, U.N. Doc. A/51/49 (Vol. I) (1996).



                                                  
 
      The General Assembly,
 
      Reaffirming its resolutions 46/215 of 20 December 1991, 49/116 and
49/118 of 19 December 1994 as well as other relevant resolutions,
 
      Reaffirming also its resolution 50/25 of 5 December 1995 on large-scale
pelagic drift-net fishing and its impact on the living marine resources of the
world's oceans and seas, unauthorized fishing in zones of national
jurisdiction and its impact on the living marine resources of the world's
oceans and seas, and fisheries by-catch and discards and their impact on the
sustainable use of the world's living marine resources,
 
      Conscious of the need to promote and facilitate international
cooperation, especially at the regional and subregional levels, in order to
ensure the sustainable development and use of the living marine resources of
the world's oceans and seas, consistent with the present resolution,
 
      Mindful that 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 provides in its general principles that States
shall minimize pollution, waste, discards, catch by lost or abandoned gear,
catch of non-target species, both fish and non-fish species, and impacts on
associated or dependent species, in particular endangered species, through
measures including, to the extent practicable, the development and use of
selective, environmentally safe and cost-effective fishing gear and
techniques, and further provides that States shall take measures, including
the establishment of regulations, to ensure that vessels flying their flags do
not conduct unauthorized fishing within areas under the national jurisdiction
of other States,
 
      Noting that the Code of Conduct for Responsible Fisheries sets out
principles and global standards of behaviour for responsible practices to
conserve, manage and develop fisheries, including guidelines for fishing on
the high seas and in areas under the national jurisdiction of other States,
and on fishing gear selectivity and practices, with the aim of reducing
by-catch and discards,
 
      Expressing deep concern at the detrimental impact of unauthorized
fishing in areas under national jurisdiction, where the overwhelming
proportion of the global fish catch is harvested, on the sustainable
development of the world's fishery resources and on the food security and
economies of many States, particularly developing States,
 
      Reaffirming once again the rights and duties of coastal States to ensure
proper conservation and management measures with respect to the living
resources in areas under their national jurisdiction, in accordance with
international law as reflected in the United Nations Convention on the Law of
the Sea, 
 
      Taking note of the report of the Secretary-General on large-scale
pelagic drift-net fishing and its impact on the living marine resources of the
world's oceans and seas, unauthorized fishing in zones of national
jurisdiction and its impact on the living marine resources of the world's
oceans and seas, and fisheries by-catch and discards and their impact on the
sustainable use of the world's living marine resources,
 
      Acknowledging with appreciation the measures taken and the progress made
by members of the international community, international organizations and
regional economic integration organizations to implement and support the
objectives of resolution 46/215,
 
      Recognizing the efforts that international organizations and members of
the international community have made to reduce by-catch and discards in
fishing operations,
 
      Once again expressing deep concern that there are continuing reports of
activities inconsistent with the terms of resolution 46/215 and unauthorized
fishing inconsistent with the terms of resolution 49/116,
 
      1.    Reaffirms the importance it attaches to compliance with its
resolution 46/215, in particular to those provisions of the resolution calling
for full implementation of a global moratorium on all large-scale pelagic
drift-net fishing on the high seas of the world's oceans and seas, including
enclosed seas and semi-enclosed seas;
 
      2.    Notes that a growing number of States and other entities as well
as relevant regional and subregional fisheries management organizations and
arrangements have adopted legislation, established regulations or applied
other measures to ensure compliance with resolutions 46/215 and 49/116, and
urges them to enforce fully such measures;
 
      3.    Urges all authorities of members of the international community
that have not done so to take greater enforcement responsibility to ensure
full compliance with resolution 46/215 and to impose appropriate sanctions,
consistent with their obligations under international law, against acts
contrary to the terms of that resolution;
 
      4.    Calls upon States to take the responsibility, consistent with
their obligations under international law as reflected in the United Nations
Convention on the Law of the Sea and resolution 49/116, to take measures to
ensure that no fishing vessels entitled to fly their national flags fish in
areas under the national jurisdiction of other States unless duly authorized
by the competent authorities of the coastal State or States concerned; such
authorized fishing operations should be carried out in accordance with the
conditions set out in the authorization;
 
      5.    Urges States, relevant international organizations and regional
and subregional fisheries management organizations and arrangements to take
action to adopt policies, apply measures, including through assistance to
developing countries, collect and exchange data and develop techniques to
reduce by-catches, fish discards and post-harvest losses consistent with
international law and relevant international instruments, including the Code
of Conduct for Responsible Fisheries;
 
      6.    Reiterates its call on development assistance organizations to
make it a high priority to support, including through financial and/or
technical assistance, efforts of developing coastal States, in particular the
least developed countries and the small island developing States, to improve
the monitoring and control of fishing activities and the enforcement of
fishing regulations, including through financial and technical support for
regional and subregional meetings for this purpose;
 
      7.    Requests the Secretary-General to bring the present resolution to
the attention of all members of the international community, relevant
intergovernmental organizations, the organizations and bodies of the United
Nations system, regional and subregional fisheries management organizations,
and relevant non-governmental organizations, and invites them to provide the
Secretary-General with information relevant to the implementation of the
present resolution;
 
      8.    Also requests the Secretary-General to ensure that reporting on
all major fisheries-related activities and instruments is effectively
coordinated and duplication of activities and reporting minimized and that
relevant scientific and technical studies are disseminated to the
international community, and invites the relevant specialized agencies,
including the Food and Agriculture Organization of the United Nations, as well
as regional and subregional fisheries organizations and arrangements, to
cooperate with the Secretary-General to that end;
 
      9.    Further requests the Secretary-General to submit to the General
Assembly at its fifty-second session and biennially thereafter a report on
further developments relating to the implementation of resolutions 46/215,
49/116 and 49/118, taking into account the information provided by States,
relevant specialized agencies, in particular the Food and Agriculture
Organization of the United Nations, and other appropriate organs,
organizations and programmes of the United Nations system, regional and
subregional organizations and arrangements and other relevant
intergovernmental and non-governmental organizations;
 
      10.   Decides to include in the provisional agenda of its fifty-second
session, under an item entitled "Oceans and law of the sea", a sub-item
entitled "Large-scale pelagic drift-net fishing; unauthorized fishing in zones
of national jurisdiction; and fisheries by-catch and discards".
      

 

 



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