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Agreement To Promote Compliance With International Conservation And Management Measures

The agreement defines a few key words. First, the definition of «ships» includes «motherships and all other vessels that are directly involved in these fishing activities.» This definition has been the subject of many negotiations and many States wanted to reach a much broader definition, including support vessels. The definition of «length» for a fishing vessel is a very technical definition of the Torremolinos Convention, which is important, as stated below, insofar as the agreement allows contracting parties to exempt vessels of less than 24 metres in certain circumstances. The agreement also defines «registration of fishing vessels.» This term was used in place of the usual «register» term, since the primary means of control was that of the fishing licence and not the registry itself (although the definition is concerned with including the broader nature of the registry in the definition). Article V deals with international cooperation and deals with the exchange of information (for example. B evidence) relating to the activities of ships to assist the flag state in identifying vessels flying its flag that would have carried out activities that jeopardized international conservation and management measures. There is also a port state cooperation provision in which a vessel is voluntarily in a port and is believed to have undermined international conservation and management measures. Parties are urged to conclude cooperation agreements or mutual assistance agreements on a global, regional, sub-regional or bilateral basis, with a view to achieving the objectives of the agreement. 5 The Un Convention on Fisheries Resources of Article 18 is somewhat broader in terms of its obligations to the flag state, which is in part in line with the fact that it was developed during and after the conclusion of the compliance agreement, which allowed the parties to build on what had already been agreed. The UN Convention on Fish Stocks also requires the flag state to take steps to ensure that vessels flying its flag do not engage in unauthorized fishing in areas under the national jurisdiction of another state. The FAO Compliance Agreement and the UN Agreement on Fisheries Resources were supplemented by the Code of Conduct for Responsible Fisheries, which is a voluntary instrument adopted by the FAO conference in Resolution 4 of 1995. Unlike the other two agreements mentioned, since the code is voluntary, no specific state action is required for it to enter into force.

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