SECTION 2. CONSERVATION AND MANAGEMENT OF
THE LIVING RESOURCES OF THE HIGH SEAS
All States have the right for their nationals to engage in fishing on the
high seas subject to:
Right to fish on the high seas
- their treaty obligations;
- the rights and duties as well as the interests of coastal States
provided for, inter alia, in article 63, paragraph 2, and articles 64
to 67; and
- the provisions of this section.
All States have the duty to take, or to co-operate with other States in
taking, such measures for their respective nationals as may be necessary
for the conservation of the living resources of the high seas.
Duty of States to adopt with respect to their nationals measures
for the conservation of the living resources of the high seas
States shall co-operate with each other in the conservation and management
of living resources in the areas of the high seas. States whose nationals
exploit identical living resources, or different living resources in the
same area, shall enter into negotiations with a view to taking the measures
necessary for the conservation of the living resources concerned. They
shall, as appropriate, cooperate to establish subregional or regional
fisheries organizations to this end.
Co-operation of States in the conservation and management of
1. In determining the allowable catch and establishing other conservation
measures for the living resources in the high seas, States shall:
Conservation of the living resources of the high seas
2. 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.
- take measures which are designed, on the best scientific evidence
available to the States concerned, 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 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;
- 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 seriously threatened.
3. States concerned shall ensure that conservation measures and their
implementation do not discriminate in form or in fact against the fishermen
of any State.
Article 65 also applies to the conservation and management of marine
mammals in the high seas.
Convention on the Law of the Sea: Index