22 DE FEVEREIRO DE 1997

358-(49)

Article 117

Duty of States to adopt with respect to their nationals measures for the conservation of the living resources of the high seas

All States have the duty to take, or to co-operate with their States in taking, such measures for their respective nationals as may be necessary for the conservation of the living resources of the high seas.

Article 118

Co-operation of States in the conservation and management of living resources

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, co-operate to establish subregional or regional fisheries organizations to this end.

Article 119

Conservation of the living resources of the high seas

1 — In determining the allowable catch and establishing other conservation measures for the living resources in the high seas, States shall:

a) Take measures which are designed, on the best scientific evidence available to the States concerned, to maintain or restore populations of harvest 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;

b) Take into consideration the effects on species associated with or dependent upon harvest 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.

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.

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 120 Marine mammals

Article 65 also applies to the conservation and management of marine mammals in the high seas.

PART VIII Regime of islands

Article 121

Regime of islands

1 — An island is a naturally formed area of land, surrounded by water which is above water at high tide.

2 — Except as provided for in paragraph 3, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf of an island are determined in accordance with the provisions of this Convention applicable to other land territory.

3 — Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf.

PART IX Enclosed or semi-enclosed seas

Article 122 Definition

For the purposes of this Convention, «enclosed or semi-enclosed sea» means a gulf, basin or sea surrounded by two or more States and connected to another sea or the ocean by a narrow outlet or consisting entirely or primarily of the territorial seas and exclusive economic zones of two or more coastal States.

Article 123

Co-operation of States bordering enclosed or semi-enclosed seas

States bordering an enclosed or semi-enclosed sea should co-operate with each other in the exercise of their rights and in the performance of their duties under this Convention. To this end they shall endeavour, directly or through an appropriate regional organization:

• a) To co-ordinate the management, conservation, exploration and exploitation of the living resources of the sea; >

b) To co-ordinate the implementation of their rights and duties with respect to the protection and preservation of the marine environment;

c) To co-ordinate their scientific research policies and undertake where appropriate joint programmes of scientific research in the area;

d) To invite, as appropriate, other interested States or international organizations to co-operate with them in furtherance of the provisions of this article.

PART X

Right of access of land-locked States to and from the sea and freedom of transit

Article 124 Use of terms

1 — For the purposes of this Convention:

a) «Land-locked State» means a State which has no sea-coast;