Review Conference on 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 (New York, 22 to 26 May 2006)

Last updated 08 January 2010

Background information

The United Nations 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 sets out principles for the conservation and management of those fish stocks and establishes that such management must be based on the precautionary approach and the best available scientific information. The Agreement elaborates on the fundamental principle, established in the Convention, that States should cooperate to ensure conservation and promote the objective of the optimum utilization of fisheries resources both within and beyond the exclusive economic zone.

    The Agreement attempts to achieve this objective by providing a framework for cooperation in the conservation and management of those resources. It promotes good order in the oceans through the effective management and conservation of high seas resources by establishing, among other things, detailed minimum international standards for the conservation and management of straddling fish stocks and highly migratory fish stocks; ensuring that measures taken for the conservation and management of those stocks in areas under national jurisdiction and in the adjacent high seas are compatible and coherent; ensuring that there are effective mechanisms for compliance and enforcement of those measures on the high seas; and recognizing the special requirements of developing States in relation to conservation and management as well as the development and participation in fisheries for the two types of stocks mentioned above.

    The Agreement was adopted on 4 August 1995 by the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks  and opened for signature on 4 December 1995. It remained open for signature until 4 December 1996 and was signed by 59 States and entities.

The requirements  for the entry into force of the Agreement were met on 11 November 2001, when the Minister for Foreign Affairs of Malta deposited an instrument of accession to the Agreement with the Secretary-General. The instrument was the thirtieth instrument of ratification or accession deposited. The Agreement entered into force on 11December 2001, i.e., 30 days after the date of deposit of the thirtieth instrument of ratification or accession, in accordance with article 40 (1) of the Agreement.

Article 36 of the Agreement provides that four years following the entry into force of the Agreement, the Secretary-General of the United Nations shall convene a conference with a view to assessing the effectiveness of the Agreement in securing the conservation and management of straddling fish stocks and highly migratory fish stocks. The conference is to review and assess the adequacy of the provisions of the Agreement and, if necessary, propose means of strengthening the substance and methods of implementation of the provisions of the Agreement in order to better address any continuing problems in the conservation and management of the two types of stocks.

 By its resolution 56/13, paragraph 6, of 28 November 2001, the General Assembly established the informal consultations of States Parties to the Agreement for the purposes and objectives of, inter alia, considering the regional, subregional and global implementation of the Agreement and preparing for the review conference. Subsequently, the informal consultations of States Parties have been convened annually by the Secretary-General, in accordance with relevant resolutions of the General Assembly.

By its resolution 59/25, paragraph 16, of 17 November 2004, the General Assembly requested the Secretary-General to convene, pursuant to Article 36 of the Agreement, a one-week review conference in the first part of 2006, to render the necessary assistance and provide such services as may be required and to submit to the conference a comprehensive report prepared in cooperation with the Food and Agriculture Organization of the United Nations (FAO). By its resolution 60/31, paragraph 21, of 29 November 2005, the General Assembly took note of the report of the fourth round of informal consultations of States Parties to the Agreement (ICSP-4), which requested the Secretary-General to take into account the specific guidance proposed by ICSP-4 regarding the comprehensive report.

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Related instruments available from the FAO web site:

FAO Agreement to promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas

FAO Code of Conduct for Responsible Fisheries (1 November 1995)

Kyoto Declaration and Preface (9 December 1995)

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