TREATIES AND OTHER INTERNATIONAL ACTS SERIES 17-218.1

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FISHERIES

North Pacific Ocean

Convention Between the 

UNITED STATES OF AMERICA

and OTHER GOVERNMENTS

Done at Tokyo February 24, 2012

Signed by the United States

May 2, 2012

 
 

NOTE BY THE DEPARTMENT OF STATE

 Pursuant to Public Law 89—497, approved July 8, 1966

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued

under the authority of the Secretary of State shall be competent

evidence . . . of the treaties, international agreements other than

treaties, and proclamations by the President of such treaties and

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime

jurisdiction, and in all the tribunals and public offices of the

United States, and of the several States, without any further proof

or authentication thereof.”
 

 MULTILATERAL

 Fisheries: North Pacific Ocean

 Convention done at Tokyo February 24, 2012;

 Signed by the United States May 2, 2012;

 Transmitted by the President of the United States of America

 to the Senate April 22, 2013 (Treaty Doc. 113-2,

 113th Congress, 1st Session);

 Reported favorably by the Senate Committee on Foreign Relations

 March 11, 2014 (Senate Executive Report No. 113-3,

 113th Congress, 2d Session);

 Advice and consent to ratification by the Senate

 April 3, 2014;

 Ratified by the President January 13, 2017;

 Instrument of Ratification deposited 

 with the Republic of Korea January 19, 2017;

 Entered into force February 18, 2017.
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CONVENTION ON THE CONSERVATION AND MANAGEMENT 


OF HIGH SEAS FISHERIES RESOURCES 


IN THE NORTH PACIFIC OCEAN 


The CONTRACTING PARTIES, 

Committed to ensuring the long-term conservation and sustainable use offisheries 

resources in the North Pacific Ocean and in so doing safeguarding the marine ecosystems 

in which these resources occur; 

Recalling relevant international law as reflected in the United Nations Convention on the 

Law ofthe Sea of 10 December 1982, the Agreementfor the Implementation ofthe 

Provisions ofthe United Nations Convention on the Law ofthe Sea of10 December 1982 

relating to the Conservation and Management ofStraddling Fish Stocks and Highly 

Migratory Fish Stocks of4 December 1995 and the Agreement to Promote Compliance 

with International Conservation and Management Measures by Fishing Vessels on the 

High Seas of24 November 1993 and taking into account the Code ofConductfor 

Responsible Fisheries adopted by the Conference ofthe Food and Agriculture 

Organization ofthe United Nations ("FAO") at its 28th session on 31October1995 as 

well as the International Guidelines for the Management ofDeep-Sea Fisheries in the 

High Seas adopted by FAQ on 29 August 2008; 

Noting the call from the United Nations General Assembly in its resolutions 61/105 and 

64n2 to take steps to protect vulnerable marine ecosystems and associated species from 

significant adverse impacts ofdestructive fishing practices and its resolution 60/31 

encouraging States, as appropriate, to recognize that the general principles ofthe 

Agreementfor the Implementation ofthe Provisions ofthe United Nations Convention on 

the Law ofthe Sea of10 December 1982 relating to the Conservation and Management 

ofStraddling Fish Stocks and Highly Migratory Fish Stocks of4 December 1995 should 

also apply to discrete fish stocks in the high seas; 

Recognizing the necessity to collect scientific data in order to understand the marine 

biodiversity and ecology in the region and to assess the impacts offisheries on marine 

species and vulnerable marine ecosystems; 

Conscious ofthe need to avoid adverse impacts on the marine environment, to preserve 

biodiversity, to maintain the integrity ofmarine ecosystems, and to minimize the risk of 

long-term or irreversible effects offishing operations; 

Concerned about possible adverse impacts ofunregulated bottom fishing activities on 

marine species and vulnerable marine ecosystems on the high seas ofthe North Pacific 

Ocean; 

Further committed to conducting responsible fishing activities and to cooperating 

effectively to prevent, deter and eliminate illegal, unreported and unregulated fishing 
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("IUU fishing") activities and the adverse impacts that they have on the state ofthe 

world's fisheries resources and the ecosystems in which they occur; 

HAVE AGREED as follows: 

Article 1 


UseofTerms 


For the purposes ofthis Convention: 

(a) "1982 Convention" means the United Nations Convention on the Law ofthe Sea 

of 10 December 1982; 

(b) "1995 Agreement" means the Agreementfor the Implementation ofthe Provisions 

ofthe United Nations Convention on the Law ofthe Sea of10 December 1982 

relating to the Conservation and Management ofStraddling Fish Stocks and 

Highly Migratory Fish Stocks of 4 December 1995; 

(c) "Bottom fishing" means fishing activities where the fishing gear is likely to 

contact the seafloor during the normal course of fishing operations; 

(d) "Consensus" means the absence ofany formal objection made at the time the 

decision is taken; 

(e) "Contracting Party" means any State or regional economic integration 

organization that has consented to be bound by this Convention and for which the 

Convention is in force; 

(f) 	"Convention Area" means the area to which this Convention applies, as 


prescribed in Article 4, paragraph 1; 


(g) "FAO International Guidelines" means the International Guidelines for the 

Management ofDeep-Sea Fisheries in the High Seas adopted by F AO on 29 

August 2008, as may be modified from time to time; 

(h) "Fisheries resources" means all fish, mollusks, crustaceans and other marine 

species caught by fishing vessels within the Convention Area, excluding: 

(i) 	 sedentary species insofar as they are subject to the sovereign rights of 

coastal States consistent with Article 77, paragraph 4 ofthe 1982 

Convention and indicator species ofvulnerable marine ecosystems as 

listed in, or adopted pursuant to, Article 13, paragraph 5 ofthis 

Convention; 

(ii) 	 catadromous species; 
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(iii) 	 marine mammals, marine reptiles and seabirds; and 

(iv) 	 other marine species already covered by pre-existing international 

fisheries management instruments within the area of competence ofsuch 

instruments; 

(i) "Fishing activities" means: 

(i) 	 the actual or attempted searching for, catching, taking or harvesting of 

fisheries resources; 

(ii) 	 engaging in any activity that can reasonably be expected to result in 

locating, catching, taking or harvesting ofthese resources for any purpose; 

(iii) 	 the processing ofthese resources at sea and the transshipping ofthese 

resources at sea or in port; and 

(iv) 	 any operation at sea in direct support of, or in preparation for, any activity 

described in subparagraphs (i) to (iii) above, except for any operation 

related to emergencies involving the health and safety ofcrew members or 

the safety offishing vessels; 

(j) 	"Fishing vessel" means any vessel used or intended for use for the purpose of 

engaging in fishing activities, including fish processing vessels, support ships, 

carrier vessels and any other vessel directly engaged in such fishing activities; 

(k) "IUU fishing" refers to the activities as set out in paragraph 3 ofthe 2001 FAO 

International Plan ofAction to Prevent, Deter and Eliminate lllegal, Unreported 

and Unregulated Fishing, and other activities as may be decided by the 

Commission; 

(l) 	"Precautionary approach" means the precautionary approach as specified in 

Article 6 ofthe 1995 Agreement; 

(m)"Regional economic integration organization" means a regional economic 

integration organization to which its member States have transferred competence 

over matters covered by this Convention, including the authority to make 

decisions binding on its member States in respect ofthose matters; and 

(n) "Transshipment" means the unloading ofany fisheries resources or products of 

fisheries resources taken in the Convention Area from one fishing vessel to 

another fishing vessel either at sea or in port 

Article 2 

Objective 
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The objective ofthis Convention is to ensure the long-term conservation and sustainable 

use ofthe fisheries resources in the Convention Area while protecting the marine 

ecosystems ofthe North Pacific Ocean in which these resources occur. 

Article 3 


General Principles 


In giving effect to the objective ofthis Convention, the following actions shall be taken 

individually or collectively as appropriate: 

(a) promoting the optimum utilization and ensuring the long-term sustainability of 

fisheries resources; 

(b) adopting measures, based on the best scientific information available, to ensure 

that fisheries resources are maintained at or restored to levels capable of 

producing maximum sustainable yield, taking into account fishing patterns, the 

interdependence ofstocks and any generally recommended international 

minimum standards, whether subregional, regional or global; 

(c) adopting and implementing measures in accordance with the precautionary 

approach and an ecosystem approach to fisheries, and in accordance with the 

relevant rules ofinternational law, in particular as reflected in the 1982 

Convention, the 1995 Agreement and other relevant international instruments; 

(d) assessing the impacts offishing activities on species belonging to the same 

ecosystem or dependent upon or associated with the target stocks and adopting, 

where necessary, conservation and management measures for such species with a 

view to maintaining or restoring the populations ofsuch species above levels at 

which their reproduction may become seriously threatened; 

(e) protecting biodiversity in the marine environment, including by preventing 

significant adverse impacts on vulnerable marine ecosystems, taking.into account 

any relevant international standards or guidelines including the FAO International 

Guidelines; 

(f) 	preventing or eliminating overfishing and excess fishing capacity, and ensuring 

that levels offishing effort or harvest levels are based on the best scientific 

information available and do not exceed those commensurate with the sustainable 

use ofthe fisheries resources; 

(g) ensuring that complete and accurate data concerning fishing activities, including 

with respect to all target and non-target species within the Convention Area, are 

collected and shared in a timely and appropriate manner; 

(h) ensuring that any expansion offishing effort, development of new or exploratory 

fisheries, or change in the gear used for existing fisheries, does not proceed 
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without prior assessment ofthe impacts ofthose fishing activities on the longterm sustainability offisheries resources and a determination that those activities 

would not have significant adverse impacts on vulnerable marine ecosystems, or 

ensuring that those activities are managed to prevent those impacts or are not 

authorized to proceed; 

(i) ensuring, in accordance with Article 7 ofthe 1995 Agreement, that conservation 

and management measures established for straddling fish stocks on the high seas 

and those adopted for areas under national jurisdiction are compatible in order to 

ensure conservation and management ofthese fisheries resources in their entirety; 

(j) 	ensuring compliance with conservation and management measures and that 

sanctions applicable in respect ofviolations are adequate in severity to be 

effective in securing compliance, to discourage violations wherever they occur 

and to deprive offenders ofthe benefits accruing from their illegal activities; 

(k) minimizing pollution and waste originating from fishing vessels, discards, catch 

by lost or abandoned gear, and impacts on other species and marine ecosystems 

through measures including, to the extent practicable, the development and use of 

selective, environmentally safe, and cost-effective fishing gear and techniques; 

and 

(1) 	 applying this Convention in a fair, transparent and non-discriminatory manner, 

consistent with international law. 

Article 4 


Area ofApplication 


1. 	 This Convention applies to the waters ofthe high seas area ofthe North Pacific 

Ocean, excluding the high seas areas ofthe Bering Sea and other high seas areas that 

are surrounded by the exclusive economic zone ofa single State. The area of 

application is bounded to the south by a continuous line beginning at the seaward 

limit ofwaters under the jurisdiction ofthe United States ofAmerica around the 

Commonwealth ofthe Northern Mariana Islands at twenty (20) degrees North 

latitude, then proceeding East and connecting the following coordinates: 

• 	 20°oo·oo·'N, 1so0 oo·oo"FJW; 

• 	 10°oo·oo''N, 1so0 oo·oo"FJW; 

• 	 10°oo·oo•'N, 140°oo·oo"W; 

• 	 20°00'00''N, 140°00'00"W; and 

• 	 Thence East to the seaward limit ofwaters under the fisheries jurisdiction 

ofMexico. 

2. 	 Nothing in this Convention, nor any act or activity carried out in pursuance ofthis 

Convention, shall constitute recognition ofthe claims or positions of any Contracting 

Party concerning the legal status and extent ofwaters and zones claimed by any such 
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Contracting Party. 

Article 5 


Establishment ofthe Commission 


1. 	 The North Pacific Fisheries Commission ("Commission") is hereby established. The 

Commission shall function in accordance with the provisions ofthis Convention. 

Each Contracting Party shall be a member ofthe Commission. 

2. 	 A fishing entity referred to in the Convention may participate in the work ofthe 

Commission in accordance with the Annex. The participation ofa fishing entity in 

the work ofthe Commission shall not constitute a deviation from accepted application 

ofinternational law, including the 1982 Convention. 

3. 	 The Commission shall hold a regular meeting at least once every two years at a time 

and location to be decided by the Commission and may hold such other meetings as 

may be necessary to carry out its functions under this Convention. 

4. 	 Any member ofthe Commission may request a meeting ofthe Commission, which 

shall be convened with the consent ofa majority ofthe members ofthe Commission. 

The Chairperson shall then convene such a meeting in a timely fashion at such time 

and place as the Chairperson may determine in consultation with the members ofthe 

Commission. 

5. 	 The Commission shall elect a Chairperson and a vice-Chairperson from among the 

representatives ofContracting Parties, who shall each be from a different Contracting 

Party. They shall be elected for a period oftwo years and shall be eligible for 

reelection, but shall not serve for more than four years in succession in the same 

capacity. The Chairperson and the vice-Chairperson shall remain in office until the 

election oftheir successors. 

6. 	 The Commission shall apply the principle ofcost-effectiveness to the frequency, 

duration and scheduling ofmeetings ofthe Commission and its subsidiary bodies. 

7. 	 The Commission shall have international legal personality and such legal capacity as 

may be necessary to perform its functions and achieve its objectives. The privileges 

and immunities that the Commission and its officers shall enjoy in the territory of a 

Contracting Party shall be determined by agreement between the Commission and the 

Contracting Party concerned. 

8. 	 All meetings ofthe Commission and subsidiary bodies shall be open to participation 

by accredited observers in accordance with Rules ofProcedure that the Commission 

shall adopt. Related documents shall be made publicly available in accordance with 

such Rules ofProcedure. 

9. 	 The Commission may establish a permanent Secretariat consisting ofan Executive 
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Secretary and other such staff as the Commission may require and/or enter into 

contractual arrangements with the Secretariat ofan existing organization for the 

provision of services. Any Executive Secretary shall be appointed with the approval 

ofthe Contracting Parties. 

Article 6 


Subsidiary Bodies 


1. 	 A Scientific Committee and a Technical and Compliance Committee are hereby 

established. The Commission may establish by consensus any other subsidiary bodies 

from time to time to assist in meeting the objective ofthis Convention. 

2. 	 Each subsidiary body shall, after each meeting, provide a report on its work to the 

Commission that includes, where appropriate, advice and recommendations to the 

Commission. 

3. 	 Subsidiary bodies may establish working groups and may seek external advice in 

accordance with any guidance provided by the Commission. 

4. 	 Subsidiary bodies shall be responsible to the Commission and shall operate under the 

Rules of Procedure ofthe Commission, unless the Commission decides otherwise. 

Article 7 


Functions ofthe Commission 


1. 	 The Commission shall, in accordance with the principles set out in Article 3 

and based on the best scientific information available and the advice ofthe Scientific 

Committee: 

(a) adopt conservation and management measures to ensure the long-term 

sustainability ofthe fisheries resources within the Convention Area, including the 

total allowable catch or total allowable level offishing effort for those fisheries 

resources as the Commission may decide; 

(b) ensure that levels oftotal allowable catch or total allowable level offishing effort 

are in accordance with the advice and recommendations ofthe Scientific 

Committee; 

(c) adopt, where necessary, conservation and management measures for species 

belonging to the same ecosystem or dependent upon or associated with the target 

stocks; 

(d) adopt, where necessary, management strategies for any fisheries resources and for 

species belonging to the same ecosystem or dependent upon or associated with the 

target stocks, as may be necessary to achieve the objective of this Convention; 
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(e) adopt conservation and management measures to prevent significant adverse 

impacts on vulnerable marine ecosystems in the Convention Area, including but 

not limited to: 

(i) 	 measures for conducting and reviewing impact assessments to determine if 

fishing activities would produce such impacts on such ecosystems in a 

given area; 

(ii) 	 measures to address unexpected encounters with vulnerable marine 

ecosystems in the course ofnormal bottom fishing activities; and 

(iii) 	 as appropriate, measures that specify locations in which fishing activities 

shall not occur; 

(t) 	determine the nature and extent ofparticipation in existing fisheries, including 

through the allocation offishing opportunities; 

(g) establish by consensus the terms and conditions for any new fisheries in the 

Convention Area and the nature and extent ofparticipation in such fisheries, 

including through the allocation offishing opportunities; and 

(h) agree on means by which the fishing interests of new Contracting Parties may be 

accommodated in a manner consistent with the need to ensure the long-term 

sustainability ofthe fisheries resources covered by this Convention. 

2. 	 The Commission shall adopt measures to ensure effective monitoring, 

control and surveillance, as well as compliance with and enforcement ofthe 

provisions ofthis Convention and measures adopted pursuant to this Convention. To 

this end, the Commission shall: 

(a) establish procedures for the regulation and monitoring oftransshipment of 

fisheries resources and products offisheries resources taken in the Convention 

Area, including notification to the Commission ofthe location and quantity ofany 

transshipment; 

(b) develop and implement a North Pacific Ocean Fisheries Observer Program 

("Observer Program"), taking into account relevant international standards and 

guidelines; 

(c) establish procedures for the boarding and inspection offishing vessels in the 

Convention Area; 

(d) establish appropriate cooperative mechanisms for effective monitoring, control 

and surveillance to ensure enforcement ofthe conservation and management 

measures adopted by the Commission including mechanisms to prevent, deter and 

eliminate IUU fishing; 
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(e) develop standards, specifications and procedures for members ofthe Commission 

to report movements and activities using real-time satellite position-fixing 

transmitters for vessels engaged in fishing activities in the Convention Area and, 

in accordance with those procedures, coordinate timely dissemination ofdata 

collected from members' satellite vessel monitoring systems; 

(f) 	establish procedures by which entry into and exit from the Convention Area of 

fishing vessels catching or planning to catch fisheries resources in the Convention 

Area are notified to the Commission in a timely manner; 

(g) establish, where appropriate, non-discriminatory market-related measures 

consistent with international law to prevent, deter and eliminate IUU fishing; and 

(h) establish procedures for reviewing compliance with the provisions ofthis 


Convention and measures adopted pursuant to this Convention. 


3. 	 The Commission shall: 

(a) adopt and/or amend as necessary, by consensus, the rules for the conduct ofits 

meetings and for the exercise ofits functions, including Rules ofProcedure, 

Financial Regulations and other regulations; 

(b) adopt a plan ofwork and terms ofreference for the Scientific Committee, for the 

Technical and Compliance Committee and, as necessary, for other subsidiary 

bodies; 

(c) refer to the Scientific Committee any question pertaining to the scientific basis for 

the decisions the Commission may need to take concerning conserving and 

managing fisheries resources and species belonging to the same ecosystem or 

dependent upon or associated with the target stocks and assessing and addressing 

the impacts offishing activities on vulnerable marine ecosystems; 

(d) establish the terms and conditions for any experimental, scientific, and 

exploratory fishing activities in the Convention Area and determine the scope of 

any cooperative scientific research on fisheries resources, vulnerable marine 

ecosystems, and species belonging to the same ecosystem or dependent upon or 

associated with the target stocks; 

(e) adopt and amend from time to time a list ofindicator species for vulnerable 

marine ecosystems for which directed fishing shall be prohibited; 

(f) 	direct the external relations ofthe Commission; and 

(g) perform such other functions and carry out such other activities as may be 


necessary to promote the objective ofthis Convention. 

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Article 8 


Decision-Making 


1. As a general rule, the Commission shall make its decisions by consensus. 

2. 	 Except where this Convention expressly provides that a decision shall be taken by 

consensus, ifthe Chairperson considers that all efforts to reach consensus have been 

exhausted: 

(a) decisions ofthe Commission on questions ofprocedure shall be taken by a 

majorify ofmembers ofthe Commission casting affirmative or negative votes; 

and 

(b) decisions on questions ofsubstance shall be taken by a three-quarters majority of 

members ofthe Commission casting affirmative or negative votes. 

3. 	 When the issue arises as to whether a question is one ofsubstance or not, that 

question shall be treated as one ofsubstance. 

4. 	 No decisions shall be taken unless there is a quorum oftwo-thirds ofthe members of 

the Commission present at the time the decision is to be taken. 

Article 9 


Implementation o/Commission Decisions 


1. 	 Binding decisions by the Commission shall take effect in the following manner: 

(a) the Chairperson ofthe Commission shall notify promptly in writing all members 

ofthe Commission ofsuch a decision following its adoption by the Commission; 

(b) the decision shall become binding upon all members ofthe Commission ninety 

(90) days after the date oftransmittal specified in the Chairperson's notification of 

the adoption ofthe decision by the Commission, pursuant to subparagraph (a) 

above, unless otherwise specified in the decision; 

(c) a member ofthe Commission may object to a decision solely on the grounds that 

the decision is inconsistent with the provisions ofthis Convention, the 1982 

Convention or the 1995 Agreement, or that the decision unjustifiably 

discriminates in form or in fact against the objecting member; 

(d) if a member ofthe Commission presents an objection, it shall so notify the 

Chairperson ofthe Commission in writing at least two weeks in advance ofthe 

date that the decision becomes binding in accordance with subparagraph (b) 

above; in this case, the decision shall not, to the extent stated, be binding upon 

that member; however, the decision shall remain binding on all other members 
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unless the Commission decides otherwise; 

(e) any member ofthe Commission that makes a notification under subparagraph (d) 

above shall specify whether the decision is inconsistent with the provisions ofthis 

Convention, the 1982 Convention or the 1995 Agreement, or unjustifiably 

discriminates in form or in fact against that member and, at the same time, 

provide a written explanation ofthe grounds for its position. The member must 

also adopt and implement alternative measures that are equivalent in effect to the 

decision to which it has objected and that have the same date of application; 

(f) 	the Chairperson shall promptly circulate to all members ofthe Commission 

details of any notification and explanation received in accordance with 

subparagraphs ( d) and ( e) above; 

(g) in the event that any member ofthe Commission invokes the procedure set out in 

subparagraphs ( d) and ( e) above, a Commission meeting shall take place at the 

request of any other member to review the decision to which the objection has 

been presented. The Commission shall, at its expense, invite to that meeting two 

or more experts who are nationals ofnon-members ofthe Commission and who 

have sufficient knowledge ofinternational law related to fisheries and ofthe 

operation ofregional fisheries management organizations to provide advice to the 

Commission on the matter in question. The selection and activities ofthese 

experts shall be in accordance with procedures to be adopted by the Commission; 

(h) the Commission meeting shall consider whether the grounds specified for the 

objection presented by the member ofthe Commission are justified and whether 

the alternative measures adopted are equivalent in effect to the decision to which 

the objection has been presented; 

(i) 	ifthe Commission finds that the decision to which objection has been presented 

does not discriminate in form or fact against the objecting member ofthe 

Commission and is not inconsistent with this Convention, the 1982 Convention or 

the 1995 Agreement, but that the alternative measures are equivalent in effect to 

the decision by the Commission and should be accepted as such by the 

Commission, the alternative measures shall be binding on the objecting member 

in substitution for the decision to which the objection has been presented; and 

(j) 	ifthe Commission finds that the decision to which objection has been presented 

does not discriminate in form or in fact against the objecting member and is not 

inconsistent with this Convention, the 1982 Convention or the 1995 Agreement, 

but that the alternative measures are not equivalent in effect to the decision to 

which it has objected, the objecting member may: 

(i) 	 present different alternative measures to be considered by the 


Commission; 

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(ii) 	 within forty-five (45) days implement the original decision to which it had 

presented an objection; or 

(iii) 	 institute dispute settlement proceedings pursuant to Article 19 or 

paragraph 4 ofthe Annex. 

2. 	 Any member ofthe Commission that invokes the right ofobjection set out in 

paragraph 1 may at any time withdraw its notification ofobjection and become bound 

by the decision immediately ifit is already in effect or at such time as it may come 

into effect under this Article. 

Article JO 


Scientific Committee 


I. 	 The Scientific Committee shall provide scientific advice and recommendations in 

accordance with the terms ofreference for the Committee to be adopted at the first 

regular meeting ofthe Commission and as may be amended from time to time. 

2. 	 The Scientific Committee shall meet, unless the Commission otherwise decides, at 

least once every two years, and prior to the regular meeting ofthe Commission. 

3. 	 The Scientific Committee shall make every effort to adopt its reports by consensus. 

Ifevery effort to achieve consensus has failed, the report shall indicate the majority 

and minority views and may include the differing views ofthe representatives ofthe 

members on all or any part ofthe report. 

4. 	 The functions ofthe Scientific Committee shall be to: 

(a) recommend to the Commission a research plan, including specific issues and 

items to be addressed by the scientific experts or by other organizations or 

individuals, as appropriate, and identify data needs and coordinate activities that 

meet those needs; 

(b) regularly plan, conduct and review the scientific assessments ofthe status of 

fisheries resources in the Convention Area, identify actions required for their 

conservation and management, and provide advice and recommendations to the 

Commission; 

(c) collect, analyze and disseminate relevant information; 

(d) assess the impacts offishing activities on fisheries resources and species 

belonging to the same ecosystem or dependent upon or associated with the target 

stocks; 

(e) develop a process to identify vulnerable marine ecosystems, including relevant 

criteria for doing so, and identify, based on the best scientific information 
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available, areas or features where these ecosystems are known to occur, or are 

likely to occur, and the location ofbottom fisheries in relation to these areas or 

features, taking due account ofthe need to protect confidential information; 

(f) identify and advise the Commission on additional indicator species for vulnerable 

marine ecosystems for which directed fishing shall be prohibited; 

(g) establish science-based standards and criteria to determine if bottom fishing 

activities are likely to produce significant adverse impacts on wlnerable marine 

ecosystems or marine species in a given area based on international standards 

such as the FAO International Guidelines and make recommendation for measures 

to avoid such impacts; 

(h) review any assessments, determinations and management measures and make any 

necessary recommendation in order to attain the objective ofthis Convention; 

(i) develop rules and standards, for adoption by the Commission, for the collection, 

verification, reporting, and the security of, exchange of, access to and 

dissemination ofdata on fisheries resources, species belonging to the same 

ecosystem, or dependent upon or associated with the target stocks and fishing 

activities in the Convention Area; 

(j) 	to the extent practicable, provide analysis to the Commission ofalternative 

conservation and management measures that estimates the extent to which each 

alternative would achieve the objectives of any management strategy adopted or 

under consideration by the Commission; and 

(k) provide such other scientific advice to the Commission as it considers appropriate 

or as may be required by the Commission. 

5. 	 The Scientific Committee may exchange information on matters ofmutual interest 

with other relevant scientific organizations or arrangements in accordance with the 

rules and standards adopted by the Commission pursuant to subparagraph 4(i) above 

and Article 21. 

6. 	 The Scientific Committee shall not duplicate the activities ofother scientific 

organizations and arrangements that cover the Convention Area. 

Article 11 


Technical and Compliance Committee 


I. 	The functions ofthe Technical and Compliance Committee shall be to: 

(a) monitor and review compliance with conservation and management measures 

adopted by the Commission and make recommendations to the Commission as 

may be necessary; and 
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(b) review the implementation of cooperative measures for monitoring, control, 

surveillance and enforcement adopted by the Commission and make 

recommendations to the Commission as may be necessary. 

2. 	 The Commission shall decide when the Technical and Compliance Committee shall 

hold its initial meeting. Thereafter, the Technical and Compliance Committee shall 

meet, wtless the Commission otherwise decides, at least once every two years, and 

prior to the regular meeting ofthe Commission. 

3. 	 The Technical and Compliance Committee shall make every effort to adopt its reports 

by consensus. Ifevery effort to achieve consensus has failed, the report shall indicate 

the majority and minority views and may include the differing views ofthe 

representatives ofthe members on all or any part ofthe report. 

4. 	 In carrying out its functions, the Technical and Compliance Committee shall: 

(a) provide a forum for exchange ofinformation concerning the means by which 

members ofthe Commission are implementing the conservation and management 

measures adopted by the Commission in the Convention Area and complementary 

measures in adjacent waters as appropriate; 

(b) provide a forum for the exchange ofinformation on enforcement, including 

enforcement efforts, strategies and plans; 

(c) receive reports from each member ofthe Commission relating to measures that 

the member has taken to monitor, investigate and penalize violations ofprovisions 

ofthis Convention and measures adopted pursuant to this Convention; 

(d) report to the Commission its findings or conclusions on the extent of compliance 

with conservation and management measures; 

(e) make recommendations to the Commission on matters relating to monitoring, 

control, surveillance and enforcement; 

(f) develop rules and procedures governing the use ofdata and other information for 

monitoring, control and surveillance purposes; and 

(g) consider and/or investigate any other matters as may be referred to it by the 

Commission. 

5. 	 The Technical and Compliance Committee shall exercise its functions in accordance 

with the procedures and guidelines as the Commission may adopt from time to time. 

Article 12 


Budget 

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1. 	 Each member ofthe Commission shall meet its own expenses arising from attendance 

at meetings ofthe Commission and ofits subsidiary bodies. 

2. 	 At each regular meeting, the Commission shall, by consensus, adopt an annual budget 

for each ofthe next two years. The Executive Secretary shall transmit draft budgets 

for each ofthose years to the members together with a schedule of contributions not 

later than sixty (60) days before the regular meeting ofthe Commission at which 

those budgets are to be considered. In the event that the Commission cannot reach 

consensus on the adoption of an annual budget for any given year, the Commission 

budget for the previous year shall carry forward for that year. 

3. 	 The budget shall be divided among members ofthe Commission in accordance with a 

formula to be adopted, by consensus, by the Commission. A member ofthe 

Commission that has become a member during the course of a financial year shall 

contribute to the budget an amount proportional to the number ofcomplete months 

remaining in the year calculated from the day it became a member. 

4. 	 The Executive Secretary shall notify each member ofthe Commission ofthe amount 

ofits contribution. Contributions shall be paid not later than four months after the 

date ofthis notification, in the currency ofthe State in which the Secretariat ofthe 

Commission is located. A member ofthe Commission that cannot meet the deadline 

shall explain to the Commission the reason it is unable to do so. 

5. 	 Amember ofthe Commission that has not paid its contributions in full for two 

consecutive years shall not be entitled to participate in the making ofdecisions by the 

Commission, nor may it present objections to any decisions taken by the 

Commission, until it has discharged its financial obligations to the Commission. 

6. 	 The financial affairs ofthe Commission shall be audited annually by external auditors 

to be selected by the Commission. 

Article 13 


Flag State Duties 


1. 	 Each Contracting Party shall take such measures as may be necessary to ensure that 

fishing vessels entitled to fly its flag: 

(a) operating in the Convention Area comply with the provisions ofthis Convention 

and measures adopted pursuant to this Convention and that such vessels do not 

engage in any activities that undermine the effectiveness ofsuch measures; and 

(b) do not conduct unauthorized fishing activities within areas under the national 

jurisdiction of another State adjacent to the Convention Area. 

2. 	 No Contracting Party shall allow any fishing vessel entitled to fly its flag to be used 
- 16 ­

for fishing activities in the Convention Area unless it has been authorized to do so by 

the appropriate authority or authorities ofthat Contracting Party. Each Contracting 

Party shall authorize the use of vessels entitled to fly its flag for fishing activities in 

the Convention Area only where it is able to exercise effectively its responsibilities in 

respect ofthose vessels under this Convention, the 1982 Convention and the 1995 

Agreement. 

3. 	 Each Contracting Party shall ensure that fishing activities by fishing vessels entitled 

to fly its flag undertaken in violation ofthe provisions ofthis Convention, as well as 

measures adopted pursuant to this Convention and the authorization in paragraph 2, 

constitute a violation under its legal framework. 

4. 	 Each Contracting Party shall require fishing vessels that are entitled to fly its flag and 

that are engaged in fishing activities in the Convention Area: 

(a) to use real-time satellite position-fixing transmitters while in the Convention Area 

in accordance with procedures developed pursuant to Article 7, subparagraph 

2(e); 

(b) to notify the Commission oftheir intention to enter and exit the Convention Area 

in accordance with procedures developed pursuant to Article 7, subparagraph 2(f); 

and 

(c) to notify the Commission ofthe location of any transshipment offisheries 

resources and products offisheries resources taken in the Convention Area, 

pending the adoption by the Commission ofprocedures for the regulation and · 

monitoring oftransshipments pursuant to Article 7, subparagraph 2(a). 

5. 	 Each Contracting Party shall prohibit vessels entitled to fly its flag from engaging in 

directed fishing on the following orders: Alcyonacea, Antipatharia, Gorgonacea, and 

Scleractinia, as well as any other indicator species for vulnerable marine ecosystems 

as may be identified from time to time by the Scientific Committee and adopted by 

the Commission. 

6. 	 Each Contracting Party shall place observers on board fishing vessels entitled to fly 

its flag operating in the Convention Area in accordance with the Observer Program 

which shall be established in accordance with Article 7, subparagraph 2(b). Fishing 

vessels engaged in bottom fishing in the Convention Area shall have one hundred 

{I 00) percent coverage under the Observer Program. Fishing vessels engaged in 

other types offishing activities in the Convention Area shall have a level ofobserver 

coverage as the Commission may decide. 

7. 	 Each Contacting Party shall ensure that fishing vessels entitled to fly its flag accept 

boarding by duly authorized inspectors in accordance with procedures for the 

boarding and inspection offishing vessels in the Convention Area adopted by the 
- 17 ­

Commission pursuant to Article 7, subparagraph 2(c ). Duly authorized inspectors 

shall comply with these procedures. 

8. 	 For the purpose ofthe effective hnplementation ofthis Convention, each Contracting 

Party shall: 

(a) maintain a record offishing vessels entitled to fly its flag and authorized to be 

used for fishing activities in the Convention Area in accordance with the 

information requirements, rules, standards, and procedures adopted by the 

Commission; 

(b) provide annually to the Commission, in accordance with the procedures which 

shall be established by the Commission, information, as decided by the 

Commission, with respect to each fishing vessel entered in the record required to 

be maintained under this paragraph and shall promptly notify the Commission of 

any modifications to this information; and 

(c) provide to the Commission, as part ofthe annual report required pursuant to 

Article 16, the names ofthe fishing vessels entered in the record that conducted 

fishing activities during the previous calendar year. 

9. 	 Each Contracting Party shall also promptly inform the Commission of: 

(a) any additions to the record; and 

(b) any deletions from the record, specifying which ofthe following reasons is 

applicable: 

(i) the voluntary relinquishment ofthe fishing authorization by the fishing 

vessel owner or operator; 

(ii) the withdrawal or non-renewal ofthe fishing authorization issued in 

respect ofthe fishing vessel under paragraph 2; 

(iii) the fact that the fishing vessel concerned is no longer entitled to fly its 

flag; 

(iv) the scrapping, decommissioning or loss ofthe fishing vessel concerned; or 

(v) any other grounds, with a specific explanation provided. 

10. The Commission shall maintain its own record offishing vessels, based on the 

information provided to it pursuant to paragraphs 8 and 9. The Commission shall 

make this record publicly available through agreed means, taking due account ofthe 

need to protect the confidentiality ofpersonal information, consistent with the 

domestic practice ofeach Contracting Party. The Commission shall also provide to 
- 18 ­

any Contracting Party, upon request, information about any vessel entered on the 

Commission record that is not otherwise publicly available. 

11. Any Contracting Party that does not submit the data and information required under 

Article 16, paragraph 3 in respect of any year in which fishing occurred in the 

Convention Area by fishing vessels entitled to fly its flag shall not participate in the 

relevant :fisheries until that data and information have been provided. The Rules of 

Procedure to be adopted by the Commission shall further guide the implementation of 

this paragraph. 

Article 14 


Port State Duties 


I. 	 A Contracting Party has the right and duty to take measures, in accordance with 

international law, to promote the effectiveness ofsubregional, regional and global 

conservation and management measures. 

2. 	 Each Contracting Party shall: 

(a) give effect to port State measures adopted by the Commission in relation to the 

entry and use ofits ports by fishing vessels that have engaged in fishing activities 

in the Convention Area including, inter alia, with respect to landing and 

transshipment offisheries resources, inspection offishing vessels, documents, 

catch and gear on board, and use ofport services; and 

(b) provide assistance to flag States, as reasonably practicable and in accordance with 

its national law and international law, when a fishing vessel is voluntarily in its 

ports and the flag State ofthe vessel requests the Contracting Party to provide 

assistance in ensuring compliance with the provisions ofthis Convention and with 

the conservation and management measures adopted by the Commission. 

3. 	 In the event that a Contracting Party considers that a fishing vessel making use ofits 

ports has violated a provision ofthis Convention or a conservation and management 

measure adopted by the Commission, it shall notify the flag State concerned, the 

Commission and other relevant States and appropriate international organizations. 

The Contracting Party shall provide the flag State and, as appropriate, the 

Commission with full documentation on the matter, including any record of 

inspection. 

4. 	 Nothing in this Article shall be construed to affect the exercise by Contracting Parties 

oftheir sovereignty over ports in their territory in accordance with international law, 

including their right to deny entry to ports in their territory as well as to adopt more 

stringent port State measures than those adopted by the Commission pursuant to this 

Convention. 

Article 15 
- 19 ­

Duties ofFishing Entities 

Article 13 and Article 14, paragraphs 2 and 3 apply mutatis mutandis to any fishing entity 

that has expressed its firm commitment in accordance with the Annex. 

Article 16 


Data Collection, Compilation and Exchange 


1. 	 The Commission shall, talcing full account ofAnnex I ofthe 1995 Agreement as well 

as relevant provisions ofArticles 10 and 11, develop standards, rules and procedures 

for, inter alia: 

(a) 	 the collection, verification and timely reporting to the Commission ofall 

relevant data by members ofthe Commission; 

(b) 	 the compilation and management by the Commission ofaccurate and 


complete data to facilitate effective stock assessment for ensuring that the 


provision ofthe best scientific advice is enabled; 


(c) 	 the exchange ofdata among members ofthe Commission, and with other 

regional fisheries management organizations and arrangements, and other relevant 

organizations including data concerning vessels engaged in IUU fishing and, as 

appropriate, concerning the beneficial ownership ofthose vessels, with a view to 

consolidating that information into a centralized format for dissemination as 

appropriate; 

(d) 	 the facilitation ofcoordinated documentation and data-sharing between 

regional fisheries management organizations and arrangements, including 

procedures to exchange data on vessel registers, and market-related measures 

where applicable; and 

(e) 	 regular audits ofCommission member compliance with data collection and 

exchange requirements, and for addressing any non-compliance identified in such 

audits. 

2. 	 The Commission shall ensure that data are publicly available concerning the number 

offishing vessels operating in the Convention Area, the status offisheries resources 

managed under this Convention, fisheries resources assessments, research programs 

in the Convention Area, and cooperative initiatives with regional and global 

organizations. 

3. 	 The Commission shall establish the format ofan annual report to be submitted by 

each member ofthe Commission. Each member ofthe Commission shall submit 

without delay to the Commission its annual report in accordance with this format. 

The annual report shall include a description ofhow the member ofthe Commission 

has implemented the conservation and management measures and monitoring, control 

and surveillance and enforcement procedures adopted by the Commission, including 

the outcome ofany actions the member has taken in respect ofArticle 17, as well as 

information on any additional topics as the Commission may decide. 
-20 ­

4. 	 The Commission shall establish rules to ensure the security of, access to and 

dissemination ofdata, including data reported via real-time satellite position-fixing 

transmitters, while maintaining confidentiality where appropriate and taking due 

account ofthe domestic practices ofmembers ofthe Commission. 

Article 17 


Compliance and Enforcement 


I. 	Each member ofthe Commission shall enforce the provisions ofthis Convention and 

any relevant decisions ofthe Commission. 

2. 	 Each member ofthe Commission shall, either on its own initiative or at the request of 

any other member ofthe Commission and when provided with the relevant 

information, investigate fully any allegation that fishing vessels entitled to fly its flag 

have violated any ofthe provisions ofthis Convention or any conservation and 

management measure adopted by the Commission. 

3. 	 Where sufficient information is available in respect ofan alleged violation ofthe 

provisions ofthis Convention or ofmeasures adopted pursuant to this Convention by 

a fishing vessel entitled to fly its flag: 

(a) the member ofthe Commission shall be notified promptly ofthe alleged violation; 

and 

(b) the member ofthe Commission shall take appropriate actions in accordance with 

its laws and regulations, including instituting proceedings without delay and, 

where appropriate, detain the vessel concerned. 

4. 	 Where it has been established, in accordance with the laws of a member ofthe 

Commission, that a fishing vessel entitled to fly the flag ofthat member has been 

involved in the commission of a serious violation ofthe provisions ofthis Convention 

or ofany conservation and management measures adopted by the Commission, that 

member ofthe Commission shall order the fishing vessel to cease operations and, in 

appropriate cases, shall order the fishing vessel to leave the Convention Area 

immediately. The member ofthe Commission shall ensure that the vessel concerned 

does not engage in fishing activities in the Convention Area for fisheries resources 

until such time as all outstanding sanctions imposed by that member in respect ofthe 

violation have been complied with. 

5. 	 For the pwposes ofthis Article, a serious violation shall include any ofthe violations 

specified in Article 21, subparagraphs 11 (a) to (h) ofthe 1995 Agreement and such 

other violations as may be determined by the Commission. 

6. If, within three (3) years ofthe entry into force ofthis Convention, the Commission is 

not able to agree on procedures for boarding and inspection offishing vessels in the 
- 21 ­

Convention Area, Articles 21 and 22 ofthe 1995 Agreement shall be applied as ifthey 

were part ofthis Convention. Boarding and inspection offishing vessels in the 

Convention Area, as well as any subsequent enforcement action, shall be conducted in 

accordance with the procedures set out in those Articles and any such additional 

practical procedures decided by the Commission. 

7. 	 Without prejudice to the primacy ofthe responsibility ofthe flag State, each member 

ofthe Commission, in accordance with its laws, shall: 

(a) to the greatest extent possible, take measures and cooperate to ensure compliance 

by its nationals, and fishing vessels owned, operated or controlled by its nationals, 

with the provisions ofthis Convention and any conservation and management 

measures adopted by the Commission; and 

(b) either on its own initiative or at the request of any other member ofthe 

Commission and when provided with the relevant information, promptly 

investigate any alleged violation by its nationals, or fishing vessels owned, 

operated or controlled by its nationals, ofthe provisions ofthis Convention or any 

conservation and management measures adopted by the Commission. 

8. 	 All investigations and judicial proceedings shall be carried out expeditiously. 

Sanctions provided for in the relevant laws and regulations ofthe members ofthe 

Commission shall be adequate in severity to be effective in securing compliance and 

to discourage violations wherever they occur, and shall deprive offenders ofthe 

benefits accruing from their illegal activities. 

9. 	 Areport on the progress of any investigation conducted pursuant to paragraphs 2, 3, 4 

or 7, including details of any action taken or proposed to be taken in relation to the 

alleged violation, shall be provided to the member ofthe Commission making the 

request and to the Commission as soon as practicable and in any case within two 

months ofthe request. A report on the outcome ofthe investigation shall be provided 

to the member ofthe Commission making the request and to the Commission when 

the investigation is completed. 

10. The provisions ofthis Article are without prejudice to: 

(a) the rights of any ofthe members ofthe Commission in accordance with their laws 

and regulations relating to fisheries; and 

(b) the rights of any ofthe Contracting Parties in relation to any provision relating to 

compliance and enforcement contained in any relevant bilateral or multilateral 

agreement not inconsistent with the provisions ofthis Convention, the 1982 

Convention or the 1995 Agreement. 

Article 18 


Transparency 

-22­

The Commission shall promote transparency in its decision-making processes and other 

activities. Representatives from intergovernmental organizations and non-governmental 

organizations concerned with matters relevant to the implementation ofthis Convention 

shall be afforded the opportunity to participate in the meetings ofthe Commission and its 

subsidiary bodies as observers or otherwise as members ofthe Commission deem 

appropriate and as provided for in the Rules ofProcedure that the Commission shall 

adopt The procedures shall not be unduly restrictive in this respect The 

intergovernmental organizations and non-governmental organizations shall be given 

timely access to pertinent information subject to the rules and procedures that the 

Commission may adopt. Any conservation, management and other measures or matters 

that are decided by the Commission or subsidiary bodies shall be made publicly available 

unless otherwise decided by the Commission. 

Article 19 


Settlement ofDisputes 


The provisions relating to the settlement ofdisputes set out in Part VIII ofthe 1995 

Agreement apply, mutatis mutandis, to any dispute between Contracting Parties, whether 

or not they are also Parties to the 1995 Agreement. 

Article 20 


Cooperation with Non-Contracting Parties 


1. 	 The members ofthe Commission shall exchange information on the activities of 

fishing vessels in the Convention Area entitled to fly the flags ofnon-Contracting 

Parties to this Convention. 

2. 	 The Commission shall draw the attention of any non-Contracting Party to this 

Convention to any activity undertaken by its nationals or fishing vessels entitled to fly 

its flag which, in the opinion ofthe Commission, affects the attainment ofthe 

objective ofthis Convention. 

3. 	 The Commission shall request the non-Contracting Party identified in paragraph 2 to 

cooperate fully with the Commission either by becoming a Contracting Party or by 

agreeing to apply the conservation and management measures adopted by the 

Commission. Subject to such terms and conditions as the Commission may establish, 

such a cooperating non-Contracting Party to this Convention may enjoy benefits from 

participation in the fisheries commensurate with, inter alia, its commitment to 

comply with and its record of compliance with conservation and management 

measures in respect ofthe relevant fisheries resources and any financial contribution 

it makes to the Commission. 

4. 	 Each member ofthe Commission shall take measures consistent with this 

Convention, the 1982 Convention, the 1995 Agreement and other relevant 

international law to deter the activities offishing vessels entitled to fly the flags of 
- 23 ­

non-Contracting Parties to this Convention that undermine the effectiveness of 

conservation and management measures adopted by the Commission. 

5. 	 Each member ofthe Commission shall take appropriate measures, in accordance with 

its laws, aimed at preventing vessels entitled to fly its flag from transferring their 

registration to non-Contracting Parties to this Convention for the purpose of avoiding 

compliance with the provisions ofthis Convention. 

Article 21 


Cooperation with Other Organizations or Arrangements 


I. 	 The Commission shall cooperate, as appropriate, on matters ofmutual interest with 

FAO, with other specialized agencies ofthe United Nations and with relevant regional 

organizations or arrangements, especially with those regional fisheries management 

organizations or arrangements with responsibility for fisheries in marine areas near or 

adjacent to the Convention Area. 

2. 	 The Commission shall take into account the conservation and management measures 

or recommendations adopted by regional fisheries management organizations and 

arrangements and other relevant intergovernmental organizations that have 

competence in relation to areas adjacent to the Convention Area or in respect of 

fisheries resources not covered by this Convention, species belonging to the same 

ecosystem or dependent upon or associated with the target stocks, and that have 

objectives that are consistent with and supportive ofthe objective ofthis Convention. 

3. 	 The Commission shall seek to develop cooperative working relationships and may 

enter into agreements for this purpose with intergovernmental organizations that can 

contribute to its work and have competence for ensuring the long-term conservation 

and sustainable use of living resources and their ecosystems. It may invite these 

organizations to send observers to its meetings or those of any ofits subsidiary 

bodies. It may also seek to participate in meetings ofthese organizations as 

appropriate. 

4. 	 The Commission shall seek to make suitable arrangements for consultation, 

cooperation and collaboration with other regional fisheries management organizations 

or arrangements in order to utilize, to the maximum extent possible, existing 

institutions to achieve the objective ofthis Convention. In this regard, the 

Commission shall seek to establish cooperation on enforcement activities with those 

organizations and arrangements carrying out these activities in the Convention Area. 

Article 22 


Review 


I. 	 The Commission shall organize regular reviews of the effectiveness of its adopted 

conservation and management measures and compliance therewith in meeting the 

objective ofthis Convention. These reviews may include examination ofthe 
-24­

effectiveness ofthe provisions ofthe Convention itself. 

2. 	 The Commission shall determine the terms ofreference and methodology ofthese 

reviews which shall: 

(a) take into account the practice ofother regional fisheries management 


organizations in conducting performance reviews; 


(b) include contributions from the subsidiary bodies as appropriate; and 

(c) include the participation of a person or persons ofrecognized competence who 

shall be independent ofthe members ofthe Commission. 

3. 	 The Commission shall take account ofthe recommendations arising from any such 

review and talce actions, as appropriate, including the appropriate amendment ofits 

conservation and management measures and the mechanisms for their 

implementation. Any proposals for amendment to the provisions ofthis Convention 

arising from any such review shall be dealt with in accordance with Article 29. 

4. 	 The results of any such review and subsequent assessment by the Commission shall 

be made publicly available as soon as possible following their submission to the 

Commission. 

Article 23 


Signature, Ratification, Acceptance andApproval 


1. 	 This Convention shall be open for signature at Seoul on 1 April 2012 by the States 

that participated in the Multilateral Meetings on the Management ofHigh Seas 

Fisheries in the North Pacific Ocean and shall remain open for signature for twelve 

(12) months. 

2. 	 This Convention shall be subject to ratification, acceptance or approval by the 

Signatories. Instruments ofratification, acceptance or approval shall be deposited 

with the Government ofthe Republic ofKorea, which shall be the Depositary. The 

Depositary shall inform all Signatories and all Contracting Parties ofall ratifications, 

acceptances or approvals deposited and perform such other functions as are provided 

for in the 1969 Vienna Convention on the Law ofTreaties and customary international 

law. 

Article 24 


Accession 


1. 	 This Convention shall be open for accession by the States referred to in Article 23, 

paragraph 1. 

2. 	 After the entry into force ofthis Convention, the Contracting Parties may, by 
-25 ­

consensus, invite to accede to this Convention: 

(a) other States or regional economic integration organizations whose fishing vessels 

wish to conduct fishing activities for fisheries resources in the Convention Area; 

and 

(b) 	other coastal States ofthe Convention Area. 

3. 	 Any Contracting Party that does not join the consensus in relation to paragraph 2 shall 

present to the Commission in writing its reasons for not doing so. 

4. 	 Instruments of accession shall be deposited with the Depositary. The Depositary shall 

inform all Signatories and all Contracting Parties of all accessions. 

Article 25 


Entry into Force 


1. 	 This Convention shall enter into force one hundred and eighty (180) days from the 

date ofreceipt by the Depositary ofthe fourth instrument of ratification, acceptance, 

approval or accession. 

2. 	 For Contracting Parties that have deposited an instrument ofratification, acceptance, 

approv8I or accession in respect ofthis Convention after the requirements for entry 

into force have been met but prior to the date of entry into force, the ratification, 

acceptance, approval or accession shall take effect on the date ofentry into force of 

this Convention or thirty (30) days after the date ofdeposit ofthe instrument, 

whichever is the later date. 

3. 	 For Contracting Parties that have deposited an instrument ofratification, acceptance, 

approval or accession after the date on which this Convention entered into force, this 

Convention shall become effective thirty (30) days after the date ofdeposit ofthe 

instrument. 

Article 26 


Reservations and Exceptions 


No reservations or exceptions may be made to this Convention. 

Article 27 


Declarations and Statements 


Article 26 does not preclude a State or regional economic integration organization, when 

signing, ratifying, accepting, approving or acceding to this Convention, from making 

declarations or statements, however phrased or named, with a view, inter alia, to the 

harmonization ofits laws and regulations with the provisions ofthis Convention, 

provided that such declarations or statements do not purport to exclude or to modify the 
-26­

legal effect ofthe provisions ofthis Convention in their application to that State or 

regional economic integration organization. 

Article 28 


Relation to Other Agreements 


1. 	 1bis Convention shall not alter the rights and obligations ofContracting Parties that 

arise from other agreements compatible with this Convention and that do not affect 

the enjoyment by other Contracting Parties oftheir rights or the performance oftheir 

obligations under this Convention. 

2. 	 Nothing in this Convention shall prejudice the rights, jurisdiction and duties of 

Contracting Parties under the 1982 Convention or the 1995 Agreement. This 

Convention shall be interpreted and applied in the context of and in a manner 

consistent with the 1982 Convention and the 1995 Agreement. 

Article 29 


Amendments 


1. 	 Any proposal to amend this Convention shall be sent in writing to the Chairperson of 

the Commission at least ninety (90) days prior to the meeting at which it is proposed 

to be considered, and the Chairperson ofthe Commission shall promptly transmit the 

proposal to all members ofthe Commission. Proposed amendments to this 

Convention shall be considered at the regular meeting ofthe Commission, unless a 

majority ofthe members ofthe Commission requests a special meeting to discuss the 

proposed amendment. A special meeting may be convened with not less than ninety 

(90) days notice. 

2. 	 Amendments to this Convention by the Commission shall be adopted by the 

Contracting Parties by consensus. The text ofany amendments so adopted shall be 

transmitted by the Depositary to all Contracting Parties. 

3. 	 An amendment shall take effect for all Crintracting Parties one hundred and twenty 

(120) days after the date oftransmittal specified in the notification by the Depositary 

ofreceipt ofwritten notification of approval by all Contracting Parties. 

4. 	 Any State or regional economic integration organization that becomes a Contracting 

Party to this Convention after an amendment has been adopted in.accordance with 

paragraph 2 shall be deemed to have approved that amendment. 

Article 30 


Annex 


The Annex shall form an integral part ofthis Convention and, unless expressly provided 

otherwise, a reference to this Convention includes a reference to the Annex. 
-27­

Article 31 


Withdrawal 


I. 	 Any Contracting Party may withdraw from the Convention on 31 December of any 

year by giving notice on or before the preceding 30 June to the Depositary, which 

shall communicate copies ofsuch notice to other Contracting Parties. 

2. 	 Any other Contracting Party may then withdraw from the Convention on the same 31 

December by giving notice to the Depositary within one month ofreceipt ofa copy of 

a notice ofwithdrawal given pursuant to paragraph I. 

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective 

Governments, have signed this Convention. 

DONE at Tokyo, on this twenty-fourth day ofFebruary 2012, in the English and French 

languages, each text being equally authentic. 

NOTE: English text will be printed in this publication.
-28 ­

Annex 


Fishing Entities 


1. 	 After the entry into force ofthis Convention, any fishing entity whose vessels have 

fished or intend to fish for fisheries resources may, by a written instrument delivered 

to the Depositary, express its firm commitment to abide by the terms ofthis 

Convention and comply with any conservation and management measures adopted 

pursuant to this Convention. Such commitment shall become effective thirty (30) 

days from the date ofreceipt ofthe instrument. Any such fishing entity may 

withdraw such commitment on December 31 of any year by written notification on or 

before the preceding June 30 to the Depositary. 

2. 	 Any fishing entity referred to in paragraph 1 may, by a written instrument delivered to 

the Depositary, express its firm commitment to abide by the terms ofthis Convention 

as it may be amended pursuant to Article 29, paragraph 3. This commitment shall be 

effective from the dates referred to in Article 29, paragraph 3 or on the date ofreceipt 

ofthe written communication referred to in this paragraph, whichever is later. 

3. 	 A fishing entity that has expressed its firm commitment to abide by the terms ofthis 

Convention and comply with conservation and management measures adopted 

pursuant to this Convention in accordance with paragraph 1 must abide by the 

obligations ofmembers ofthe Commission and may participate in the work, 

including decision-making, ofthe Commission in accordance with the provisions of 

this Convention. For the purposes ofthis Convention, references to the Commission 

or members ofthe Commission include such fishing entity. 

4. 	 Ifa dispute involves a fishing entity that has expressed its commitment to be bound 

by the terms ofthis Convention in accordance with this Annex and cannot be settled 

by amicable means, the dispute shall, at the request ofany party to the dispute, be 

submitted to final and binding arbitration in accordance with the relevant rules ofthe 

Permanent Court ofArbitration. 

S. 	 The provisions ofthis Annex relating to the participation of a fishing entity are only 

for the purposes ofthis Convention. 
MINISTRY OF FOREIGN AFFAIRS AND TRADE 


REPUBLIC OF KOREA 


Seoul, March 22, 20 I 2 

I hereby certify that the foregoing text is a true copy of the 

Convention on the Conservation and Management of High Seas Fisheries 

Resources in the North Pacific Ocean, done at Tokyo on February 24, 

2012. 

~I 

Shin Maeng-ho ~ , ,

Director-General for International Legal Affairs 

Ministry of Foreign Affairs and Trade of 

the Republic of Korea 
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North Pacific Fisheries Convention 


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