1. The coastal State shall determine the allowable catch of the living
resources in its exclusive economic zone.
Conservation of the living resources
2. The coastal State, taking into account the best scientific evidence
available to it, shall ensure through proper conservation and management
measures that the maintenance of the living resources in the exclusive
economic zone is not endangered by over-exploitation. As appropriate, the
coastal State and competent international organizations, whether
subregional, regional or global, shall co-operate to this end.
3. Such measures shall also be designed to maintain or restore populations
of harvested species at levels which can produce the maximum sustainable
yield, as qualified by relevant environmental and economic factors,
including the economic needs of coastal fishing communities and the special
requirements of developing States, and taking into account fishing
patterns, the interdependence of stocks and any generally recommended
international minimum standards, whether subregional, regional or global.
4. In taking such measures the coastal State shall take into consideration
the effects on species associated with or dependent upon harvested species
with a view to maintaining or restoring populations of such associated or
dependent species above levels at which their reproduction may become
5. Available scientific information, catch and fishing effort statistics,
and other data relevant to the conservation of fish stocks shall be
contributed and exchanged on a regular basis through competent
international organizations, whether subregional, regional or global, where
appropriate and with participation by all States concerned, including
States whose nationals are allowed to fish in the exclusive economic zone.
1. The coastal State shall promote the objective of optimum utilization of
the living resources in the exclusive economic zone without prejudice to
Utilization of the living resources
2. The coastal State shall determine its capacity to harvest the living
resources of the exclusive economic zone. Where the coastal State does not
have the capacity to harvest the entire allowable catch, it shall, through
agreements or other arrangements and pursuant to the terms, conditions,
laws and regulations referred to in paragraph 4, give other States access
to the surplus of the allowable catch, having particular regard to the
provisions of articles 69 and 70, especially in relation to the developing
States mentioned therein.
3. In giving access to other States to its exclusive economic zone under
this article the coastal State shall take into account all relevant
factors, including, inter alia, the significance of the living resources of
the area to the economy of the coastal State concerned and its other
national interests, the provisions of articles 69 and 70, the requirements
of developing States in the subregion or region in harvesting part of the
surplus and the need to minimize economic dislocation in States whose
nationals have habitually fished in the zone or which have made substantial
efforts in research and identification of stocks.
4. Nationals of other States fishing in the exclusive economic zone shall
comply with the conservation measures and with the other terms and
conditions established in the laws and regulations of the coastal State.
These laws and regulations shall be consistent with this Convention and may
relate, inter alia, to the following:
5. Coastal States shall give due notice of conservation and management laws
- licensing of fishermen, fishing vessels and equipment, including
payment of fees and other forms of remuneration, which, in the case
of developing coastal States, may consist of adequate compensation in
the field of financing, equipment and technology relating to the
- determining the species which may be caught, and fixing quotas of
catch, whether in relation to particular stocks or groups of stocks
or catch per vessel over a period of time or to the catch by
nationals of any State during a specified period;
- regulating seasons and areas of fishing, the types, sizes and amount
of gear, and the types, sizes and number of fishing vessels that may
- fixing the age and size of fish and other species that may be caught;
- specifying information required of fishing vessels, including catch
and effort statistics and vessel position reports;
- requiring, under the authorization and control of the coastal State,
the conduct of specified fisheries research programmes and regulating
the conduct of such research, including the sampling of catches,
disposition of samples and reporting of associated scientific data;
- the placing of observers or trainees on board such vessels by the
- the landing of all or any part of the catch by such vessels in the
ports of the coastal State;
- terms and conditions relating to joint ventures or other co-operative
- requirements for the training of personnel and the transfer of
fisheries technology, including enhancement of the coastal State's
capability of undertaking fisheries research;
- enforcement procedures.
1. Where the same stock or stocks of associated species occur within the
exclusive economic zones of two or more coastal States, these States shall
seek, either directly or through appropriate subregional or regional
organizations, to agree upon the measures necessary to co-ordinate and
ensure the conservation and development of such stocks without prejudice to
the other provisions of this Part.
Stocks occurring within the exclusive economic zones of two
or more coastal States or both within the exclusive economic
zone and in an area beyond and adjacent to it
2. Where the same stock or stocks of associated species occur both within
the exclusive economic zone and in an area beyond and adjacent to the zone,
the coastal State and the States fishing for such stocks in the adjacent
area shall seek, either directly or through appropriate subregional or
regional organizations, to agree upon the measures necessary for the
conservation of these stocks in the adjacent area.
1. The coastal State and other States whose nationals fish in the region
for the highly migratory species listed in Annex I shall co-operate
directly or through appropriate international organizations with a view to
ensuring conservation and promoting the objective of optimum utilization of
such species throughout the region, both within and beyond the exclusive
economic zone. In regions for which no appropriate international
organization exists, the coastal State and other States whose nationals
harvest these species in the region shall co-operate to establish such an
organization and participate in its work.
Highly migratory species
2. The provisions of paragraph 1 apply in addition to the other provisions
of this Part.
Nothing in this Part restricts the right of a coastal State or the
competence of an international organization, as appropriate, to prohibit,
limit or regulate the exploitation of marine mammals more strictly than
provided for in this Part. States shall co-operate with a view to the
conservation of marine mammals and in the case of cetaceans shall in
particular work through the appropriate international organizations for
their conservation, management and study.
1. States in whose rivers anadromous stocks originate shall have the
primary interest in and responsibility for such stocks.
2. The State of origin of anadromous stocks shall ensure their conservation
by the establishment of appropriate regulatory measures for fishing in all
waters landward of the outer limits of its exclusive economic zone and for
fishing provided for in paragraph 3(b). The State of origin may, after
consultations with the other States referred to in paragraphs 3 and 4
fishing these stocks, establish total allowable catches for stocks
originating in its rivers.
4. In cases where anadromous stocks migrate into or through the waters
landward of the outer limits of the exclusive economic zone of a State
other than the State of origin, such State shall co-operate with the State
of origin with regard to the conservation and management of such stocks.
- Fisheries for anadromous stocks shall be conducted only in waters
landward of the outer limits of exclusive economic zones, except in
cases where this provision would result in economic dislocation for a
State other than the State of origin. With respect to such fishing
beyond the outer limits of the exclusive economic zone, States
concerned shall maintain consultations with a view to achieving
agreement on terms and conditions of such fishing giving due regard
to the conservation requirements and the needs of the State of origin
in respect of these stocks.
- The State of origin shall co-operate in minimizing economic
dislocation in such other States fishing these stocks, taking into
account the normal catch and the mode of operations of such States,
and all the areas in which such fishing has occurred.
- States referred to in subparagraph (b), participating by agreement
with the State of origin in measures to renew anadromous stocks,
particularly by expenditures for that purpose, shall be given special
consideration by the State of origin in the harvesting of stocks
originating in its rivers.
- Enforcement of regulations regarding anadromous stocks beyond the
exclusive economic zone shall be by agreement between the State of
origin and the other States concerned.
5. The State of origin of anadromous stocks and other States fishing these
stocks shall make arrangements for the implementation of the provisions of
this article, where appropriate, through regional organizations.
1. A coastal State in whose waters catadromous species spend the greater
part of their life cycle shall have responsibility for the management of
these species and shall ensure the ingress and egress of migrating fish.
2. Harvesting of catadromous species shall be conducted only in waters
landward of the outer limits of exclusive economic zones. When conducted in
exclusive economic zones, harvesting shall be subject to this article and
the other provisions of this Convention concerning fishing in these zones.
3. In cases where catadromous fish migrate through the exclusive economic
zone of another State, whether as juvenile or maturing fish, the
management, including harvesting, of such fish shall be regulated by
agreement between the State mentioned in paragraph 1 and the other State
concerned. Such agreement shall ensure the rational management of the
species and take into account the responsibilities of the State mentioned
in paragraph I for the maintenance of these species.
This Part does not apply to sedentary species as defined in article 77,
Convention on the Law of the Sea: Index