United Nations

A/RES/51/36


General Assembly

Distr. GENERAL  

21 January 1997

ORIGINAL:
ENGLISH



Fifty-first session
Agenda item 24 (c)


                  RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

         [without reference to a Main Committee (A/51/L.29 and Add.1)]


            51/36.   Large-scale pelagic drift-net fishing;
                     unauthorized fishing in zones of
                     national jurisdiction; and fisheries by-
                     catch and discards


      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 1/ 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, 2/

      Taking note of the report of the Secretary-General 3/ 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 Sea2 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". 


                                                          77th plenary meeting
                                                               9 December 1996


                                     Notes

1/    A/CONF.164/37; see also A/50/550, annex I.

2/    Official Records of the Third United Nations Conference on the
Law of the Sea, vol. XVII (United Nations publication, Sales
No. E.84.V.3), A/CONF.62/122.

3/    A/51/404.

 

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