On 4 December 1995, at United Nations Headquarters in New York, 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 was opened for signature. The Conference adopted it on 4 August 1995 (session 24 July to 4 August). Article 37: open for signature at Headquarters for twelve months from 4 December 1995. Arabic, Chinese, English, French, Russian and Spanish, equally authentic, in a single original. Depositary: the Secretary-General. Article 40: it enters into force 30 days after deposit of the thirtieth instrument of ratification or accession. Entry into force: 11 December 2001. Registration with the United Nations No. 37924, the same day (UNTS vol. 2167). Article 42: no reservations or exceptions may be made. The United Nations press release of the opening day records that 25 States signed then.

Article 2: long-term conservation and sustainable use of these stocks through effective implementation of the relevant provisions of the Convention. Article 1: “fish” includes molluscs and crustaceans except sedentary species as defined in article 77 of the Convention; the Agreement applies mutatis mutandis to entities in article 305 and to international organizations in Annex IX, and to other fishing entities whose vessels fish on the high seas. Article 3: it applies beyond areas under national jurisdiction, except that articles 6 and 7 apply also within such areas; the coastal State shall apply mutatis mutandis the general principles in article 5. Article 4: nothing shall prejudice rights, jurisdiction and duties under the Convention; the Agreement shall be interpreted and applied in the context of and consistently with the Convention.

Article 5: measures to ensure long-term sustainability and promote optimum utilization, based on the best scientific evidence available, designed to maintain or restore stocks at levels capable of producing maximum sustainable yield; the precautionary approach; protection of biodiversity; prevention or elimination of overfishing; the interests of artisanal and subsistence fishers. Article 6: the precautionary approach shall be applied widely; the absence of adequate scientific information shall not be used as a reason for postponing measures; stock-specific reference points in accordance with Annex II; for new or exploratory fisheries, cautious measures until there are sufficient data. Article 7: high-seas measures and those adopted for areas under national jurisdiction shall be compatible; for straddling stocks, agreement on measures in the adjacent high seas area; for highly migratory stocks, cooperation throughout the region.

Article 8: cooperation directly or through subregional or regional fisheries management organizations or arrangements. Only members, participants, or States which agree to apply the measures shall have access to the fishery resources to which those measures apply. Article 18: a State shall authorize vessels flying its flag to fish on the high seas only where it is able to exercise effectively its responsibilities; licences, a national record, FAO-standard marking, reporting. Article 21: in a high seas area covered by such an organization or arrangement, a State Party which is a member or participant may board and inspect fishing vessels flying the flag of another State Party. Article 23: a port State may inspect documents, fishing gear and catch when vessels are voluntarily in its ports; it may prohibit landings and transshipments where the catch has been taken in a manner which undermines the measures.

Article 36: a review conference four years after entry into force. Article 41: provisional application by written notification to the depositary.

United Nations Headquarters, New York. The place where the Agreement was opened for signature, not the signing hall. Wikimedia Commons, CC BY-SA 4.0.

For context: United Nations Fish Stocks Agreement. The text: DOALOS, A/CONF.164/37.