Editorial note

The Straddling Stocks Agreement sets out specific principles to guide the development of conservation and management measures for straddling and highly migratory fish stocks, with a view to addressing the problems identified in Chapter 17 of Agenda 21. By Article 2 the object of the Agreement is ‘to ensure the long-term conservation and sustainable use of straddling fish stocks and highly migratory fish stocks through effective implementation of the relevant provisions of the Convention’. The Agreement applies to the conservation and management of straddling fish stocks and highly migratory fish stocks beyond areas under national jurisdiction, except that its Articles 6 and 7 apply also to the conservation and management of such stocks within areas under national jurisdiction, and coastal states must apply the general principles enumerated in Article 5 to stocks within areas under national jurisdiction (Article 3(1) and (2)). No reservations are permitted (Article 42). Part II addresses management and conservation. Article 5 commits coastal states and states fishing on the high seas to adopt a broad range of measures ‘to ensure long-term sustainability of straddling fish stocks and highly migratory fish stocks and promote the objective of their optimum utilization’ (Article 5(a)). Contracting Parties must ensure that ‘such measures are based on the best scientific evidence available and are designed to maintain or restore stocks at levels capable of producing 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’ (Article 5(b)).