A country may be identified as a country allowing non-sustainable fishing where:

1. (a)

   it fails to cooperate in the management of a stock of common interest in full compliance with the provisions of the UNCLOS and the UNFSA, or any other international agreement or norm of international law; and

2. (b)

   either:

   1. (i)

      it fails to adopt necessary fishery management measures; or

   2. (ii)

      it adopts fishery management measures without due regard to the rights, interests and duties of other countries and the F1United Kingdom, and those fishery management measures, when considered in conjunction with measures taken by other countries and the F1United Kingdom, lead to fishing activities which could result in the stock being in an unsustainable state. This condition is considered to be complied with also where the fishery management measures adopted by that country did not lead to the stock being in an unsustainable state solely due to measures adopted by others.