TREATIES AND OTHER INTERNATIONAL ACTS SERIES 17-218

________________________________________________________________________

FISHERIES

South Pacific Ocean

Convention Between the 

UNITED STATES OF AMERICA

and OTHER GOVERNMENTS

Done at Auckland, New Zealand

November 14, 2009

Signed by the United States

January 31, 2011

 
 

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: South Pacific Ocean

 Convention done at Auckland, New Zealand November 14, 2009;

 Signed by the United States January 31, 2011;

 Transmitted by the President of the United States of America

 to the Senate April 22, 2013 (Treaty Doc. 113-1,

 113th Congress, 1st Session);

 Reported favorably by the Senate Committee on Foreign Relations

 March 11, 2014 (Senate Executive Report No. 113-2,

 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 New Zealand January 19, 2017;

 Entered into force February 18, 2017.
Convention on the Conservation and Management of 


High Seas Fishery Resources in the South Pacific Ocean 

The Contracting Parties 

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

fishery resources in the South Pacific Ocean and in so doing safeguarding 

the marine ecosystems in which the resources occu:-; 

Recaliing relevant international law as reflected in the United Nations 

Convention on the Law of the Sea of 10 December 1982, the Agreement 

for the Implementation of the Provisions of the United Nations Convention 

on the Law of the Sea of 10 December 1982 reiating to the Conservation 

and Management of Straddling Fish Stocks and Highly Migratory Fish 

Stocks of 4 December 1995 and the Agreement to Promote Compliance 

with International Conservation and Management Measures by Fishing 

Vessels on the High Seas of 24 November 1993 and taking into account 

the Code of Conduct for Responsible Fisheries adooted by the 

Conference of the Food and Agriculture Organisation of the United 

Nations at its twenty eighth session on 31 October 1995; 

Recognising that under international law reflected in the relevant 

provisions of the above agreements, States have a duty to cooperate with 

each other in the conservation and management of living resources in the 

areas of the high seas and, as appropriate, to cooperate to establish subregional or regional fisheries organisations or arrangements with a view to 

taking the measures necessary for the conservation of such resources; 

Taking into consideration that, under international law reflected in the 

relevant provisions of the United Nations Convention on the Law of the 

Sea of 10 December 1982, coastal States have waters under national 

jurisdiction within which they exercise their sovereign rights for the 

purpose of exploring, exploiting, conserving and managing fishery 

resources and conserving living marine resources upon which fishing has 

an impact; 

Recognising economic and geographical considerations and the special 

requirements of developing States, in particular the least developed 

among them, and small isiand developing States, and territories and 

possessions, and their coastal communmes. in relation to the 

conservation, management and sustainable development of fishery 

resources and equitabie benefit from those resources; 

Noting the need for regional fisheries management organisations and 

arrangements to undertake performance reviews in order to assess the 

degree to which they are attaining their respective conservation and 

management objectives; 
1 

Determined to cooperate effectively to eliminate illegal, unreported and 

unregulated fishing and the adverse impact that it has on the state of the 

world fishery resources and the ecosystems in which they occur; 

Conscious of the need to avoid adverse impacts or: tne marine' 

environment, preserve b1od1versity. maintain the integrity of marine 

ecosystems and minimise the risk of long-term or irreversibie effects of 

fishing; 

Mindful that effective conservation and management measures must be 

based on the best scientific information available and the application of the 

precautionary approach and an ecosystem approach to fisheries 

management; 

Convinced that the long-term conservation and sustainable use of fishery 

resources in the South Pacific Ocean and the protection of the marine 

ecosystems in which those resources occur may best be achieved by the 

conclusion of an international convention for that purpose; 

Have 	agreed as follows: 

Article 1 


DEFINITIONS 


For the purposes of this Convention: 

(a'

. } 	 '1982 Convention' means the United Nations Convention on ths 

Law of the Sea of 10 December 1982; 

(b) 	 '1995 Agreement' means the Agreement for the implementation 

of the Provisions of the United Nations Convention on the Law 

of the Sea of 10 December 1982 relating to the Conservation 

and Management of Straddling Fish Stocks and Highly 

Migratory Fish Stocks of 4 December 1995; 

(c) 	 'Commission' means the Commission of the South Pacific 

Regional Fisheries Management Organisation established by 

Article 6; 

(d) 	 'Convention Area' means the Area to which this Convention 

applies in accordance with Article 5; 

(e) 	 'Code of Conduct' means the Code of Conduct for Responsibie 

Fisheries adopted by the 28th session of the Conference of the 

Food and Agriculture Organisation of the United Nations (FAQ) 

on 31 October 1995; 

(f) 	 'fishery resources' means all fish within the Convention Area, 

including: molluscs; crustaceans; and other living marine 

resources as may be decided by the Commission: but 

excluding: 
(ii 	 sedentary species in so far as they are subject to tne 

national jurisdiction of coastal States pursuant to Article 77 

paragraph 4 of the 1982 Convention: 

(ii, 	 highly migratory species iisteci in Annex : of the 1982 

Conventior.: 

(iii; 	 anadromous and catadromous species; and 

(iv) 	 marine mammais, marine reptiles and sea birds: 

(g) 	 'fishing' means: 

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

harvesting of fishery resources; 

(ii) 	 engaging in any activity which can reasonably be 

expected to result in the locating, catching, taking or 

harvesting of fishery resources for any purpose; 

(iii) 	 transhipment and any operation at sea in support of, or in 

preparation for, any activity described in this definition: 

and 

(iv) 	 the use of any vessel, vehicle, aircraft or hovercraft, in 

relation to any activity described in this definition; 

but does not include any operation related to emergencies 

involving the health or safety of crew members or the safety of 

a vessel; 

(h) 	 'fishing vessel' means any vessel used or intended for fishing, 

including fish processing vessels, support ships, carrier vessels 

and any other vessel directly engaged in fishing operations: 

(i) 	 'flag State' means, unless otherwise indicated: 

(i) 	 a State whose fishing vessels are entitled to fly its flag: or 

(ii) 	 a regional economic integration organisation in which 

fishing vessels are entitled to fly the fiag of a membe:­

State of that regional economic integration organisation: 

U) 	 'IUU fishing' means activities as referred to in paragraph 3 of 

the F AO International Pian of Action to Prevent Deter and 

Eliminate Illegal, Unreported and Unregulated Fishing, and 

other activities as may be decided by the Commission; 

(k) 	 'nationals' includes both natural and legal persons: 

(I) 	 ·port' includes offshore terminals and other installations forlanding, transhipping, packaging, processing, refuelling or rt-­

supplying; 

(m) 	 'regional economic integration organisation' means a regional 

economic integration organisation to which its member States 
have transferred competence over matters covered by this 

Convention, inciuding the authority to make decisions binding 

on its member States in respect of those matters; 

rn 1 serious violation, has the same meaning as that se~ ou: 1:-, 

Article 21 paragraph 1 ': of the 1995 Agreement and such other 

violations as may be specified by the Commission; and 

2 

( o) 'transhipment' means the unloading of all or any of the fishery 

resources or fishery resource products derived from fishing in 

the Convention Area on board a fishing vessel to another 

fishing vessel either at sea or in port. 

(a) 'Contracting Party means any State or regional economic 

integration organisation which has consented to be bound by 

this Convention and for which the Convention is in force. 

(b) This Convention applies, mutatis mutandis, to any entity 

referred to in Article 305, paragraph 1 (c), (d) and (e), of the 

1982 Convention which becomes a party to this Convention. 

and to that extent "Contracting Party'" refers to any such entity. 

Articie 2 

OBJECTIVE 

The objective of this Convention is, through the appiication of the 

precautionary approach and an ecosystem approach to fisheries 

management, to ensure the long-term conservation and sustainabie use of 

fishery resources and, in so doing, to safeguard the marine ecosystems in 

which these resources occur. 

Article 3 


CONSERVATION AND MANAGEMENT PRINCIPLES AND 


APPROACHES 


in giving effect to the objective of this Convention and carrying out 

decision making under this Convention, the Contracting Parties. the 

Commission and subsidiary bodies established under Article 6 paragraoh 

2 and Article 9 paragraph 1 shalt: 

(a) 	 apply, in particular, the following principles; 

(

.\

I: 

I conservation and management of fishery resources shali 

be conducted in a transparent, accountable and inclusive 

manner, taking into account best international practices; 

(ii) 	 fishing shall be commensurate with the sustainable use of 

fishery resources taking into account the impacts on non1 
target and associated or dependent species and the 

general obligation to protect and preserve the marine 

environment: 

(iii: 	 overfishing ana excess fishing capacity shai: oe prevemec 

or eliminated: 

(iv) 	 fuli and accurate data on fishing, 1nclu01ng information 

relating to impacts on the marine ecosystems in which 

fishery resources occur, shall be collected, verified. 

reported and shared in a timeiy and aporopriate manne:-; 

(v) 	 decisions shall be based on the best scientifi::: and 

technical information available and the advice of ali 

relevant subsidiary bodies; 

(vi) 	 cooperation and coordination among Contracting Parties 

shall be promoted to ensure that conservation and 

management measures adopted by the Commission and 

conservation and management measures applied in 

respect of the same fishery resources in areas under 

national jurisdiction are compatible; 

(vii) 	 marine ecosystems shall be protected, in particular those 

ecosystems which have long recovery times following 

disturbance; 

(viii) the interests 	of developing States, in particular the least 

developed among them and small island developing 

States, and of territories and possessions, and the needs 

of developing State coastal communities, shall be 

recognised; 

(ix) 	 effective compiiance with conservation and management 

measures shall be ensured and sanctions for any 

violations shall be adequate in severity to discourage 

violations wherever they occur and in particular shall 

deprive offenders of the benefits accruing from their illegal 

activities; and 

(x) 	 pollution and waste originating from fishing vessels, 

discards, catch by lost or abandoned gear and impacts on 

other species and marine ecosystems shall be minimised: 

anc' 

(b) 	 apply the precautionary approach and an ecosystem approach 

in accordance with paragraph 2. 

(a\ 	 The precautionary approach as described in the 1995 

Agreement and the Code of Conduct shall be applied widely to 
the conservation and management of fishery resources in orde1 

to protect those resources and to preserve the marine 

ecosystems in which tney occur, and in particular th6 

Contracting Parties the Somm!ssior: anc suosidiary bodies 

snail: 

(i) 	 be more cautious when information is uncertain. 

unreliable. or inadequate; 

(ii) 	 not use the absence of adequate scientific information as 

a reason for postponing or failing to take conservation and 

management measures: and 

(iii) 	 take account of best international practices regarding the 

application of the precautionary approach, including Annex 

II of the 1995 Agreement and the Code of Conduct. 

(b) 	 An ecosystem approach shall be applied wideiy to the 

conservation and management of fishery resources through an 

integrated approach under which decisions 1n reiation to the 

management of fishery resources are considered in the context 

of the functioning of the wider marine ecosystems in which they 

occur to ensure the long-term conservation and sustainable use 

of those resources and in so doing, safeguard those marine 

ecosystems. 

Article 4 


COMPATIBILITY OF CONSERVATION AND MANAGEMENT 


MEASURES 


I The Contracting Parties recognise the need to ensure compatibility of 

conservation and management measures established for fishery 

resources that are identified as straddling areas under the national 

jurisdiction of a coastal State Contracting Party and the adjacent high seas 

of the Convention Area and acknowledge their duty to cooperate to this 

end. 

2 Conservation and management measures established for the high 

seas and those adopted for areas under national jurisdiction shall be 

compatible in order to ensure conservation anci management of straddling 

fishery resources in thei1 entirety. in developing compatible conservation 

and management measures for straddling fishery resources Contracting 

Parties shall: 

(a) 	 take into account the biological unity and other biological 

cha:-acteristics of the fishery resources anc the reiati::>nships 
between the distribution of the resources. the fishing activities 

for those resources and the geographicai particularities of the 

region concerned, including the extent to which the fishery 

resources occur and are fished ir: areas under nationa: 

Jurisdiction: 

(b' 	 take into account the respective dependence of the coasta: . J 

States and the States fishing on the high seas on the fisnery 

resources concerned; and 

ensure that such measures do not result in harmful impact on 

the iiving marine resources as a whole in the Convention Area. 

~ The Commission's initlal conservation and management measures 

shall take due account of, and not undermine the effectiveness of. existing 

conservation and management measures established by relevant coastal 

State Contracting Parties in respect of areas under national jurisdiction 

and by Contracting Parties in respect of their flag vessels fishing in the 

adjacent high seas of the Convention Area. 

Article 5 


AREA OF APPLICATION 


1 Except as otherwise provided, this Convention applies to waters of 

the Pacific Ocean beyond areas of national jurisdiction in accordance with 

international iaw: 

(a) 	 east of a line extending south along the 120° meridian of east 

longitude from the outer limit of the national jurisdiction of 

Australia off the south coast of Western Australia to the 

intersection with the 55° parallel of south latitude; then due east 

along the 55° parallel of south latitude to the intersection with 

the 150° meridian of east longitude; then due south along the 

150° meridian of east longitude to the intersection with the 60° 

parallel of south latitude; 

north of a line extending east along the 60° parallel of south 

latitude from the 150° meridian of east longitude to the 

intersection with the 67° 16' meridian of west longitude; 

f" l ( '-'/ 	 west of a line extending north along the 67° 16' meridian of wes~ 

longitude from the 60° parallel of south latitude to its 

intersection with the outer limit of the national jurisdiction of 

Chile then along the outer limits of the nationai jurisdictions of 

Chile, Peru, Ecuador and Colombia to the intersection with the 

2° parallel of north latitude; and 
(d) 	 south of a line extending west along the 2c parallel of north 

latitude (but not including the national jurisdiction of Ecuador 

(Galapagos Islands)) to the intersection with the 150° meridian 

of west longitude: then due north along the 150° meridian o-r 

west longitude to its 1mersectlor. with 10° paraliei of nortn 

latitude, then west along the 10° parallel of north latituds to its 

intersection with the outer limits of the national jurisdiction of the 

Marshall Islands. and then generally south and around the outer 

limits of the national jurisdictions of Pacific States and 

territories, New Zealand and Australia until it connects to the 

commencement of the line described in paragraph la) above. 

2 The Convention shall also apply to waters of the Pacific Ocean 

beyond areas of national jurisdiction bounded by the 10° paralie! of north 

latitude and the 20° parallel of south latitude and by the 135° meridian of 

east longitude and the 150° meridian of west longitude. 

3 Where for the purpose of this Convention it is necessary to determine 

the position on the surface of the earth of a point, line or area, that position 

shall be determined by reference to the International Terrestrial Reference 

System maintained by the international Earth Rotation Service, which for 

most practical purposes is equivalent to the World Geodetic System 1984 

(WGS84). 

4 Nothing in this Convention shall constitute recognition of the claims 

or positions of any of the Contracting Parties to this Convention 

concerning the legal status and extent of waters and zones claimed by any 

such Contracting Parties. 

Article 6 


THE ORGANISATION 


1 The Contracting Parties hereby agree to establish, maintain and 

strengther. the South Pacific Regional Fisheries Management 

Organisation "the Organisation", which shall carry out its functions as set 

forth in this Convention in order to achieve the objective of this 

Convention. 

2 	 The Organisation shall consist o:': 

(a) 	 a Commission; 

(b) 	 a Scientific Committee; 

(c) 	 a Compliance and Technical Committee; 

(d) 	 ar. ~astern Sub-regiona! Management Committee: 
a Western Sub-regional Management Committee: 

(f) a Finance and Administration Committee: 

(g'l a Secretariat. 

an~ any other subsidiary bodies that the Commission may. from time 

to time, estabiish in accordance with Article 9 paragraph 1 to assist it 

in its work. · · 

3 The Organisation shall have iegal personality in accordance with 

international law and shall enjoy in its relations with other international 

organisations and in the territories of the Contracting Parties such ieaa: 

capacity as may be necessary to perform its functions and achieve the 

objective of this Convention. The immunities and privileges which the 

Organisation and its officers shall enjoy in the territory of a Contracting 

Party shall be subject to an agreement between the Organisation and the 

Contracting Party including, in particular. an agreement between the 

Organisation and the Contracting Party hosting the Secretariat 

4 The Secretariat of the Organisation shall be in New Zealand or at 

such other place as may be decided by the Commission. 

Article 7 


THE COMMISSION 


1 Each Contracting Party shall be a member of the Commission and 

shall appoint one representative to the Commission who may be 

accompanied by alternative representatives, experts and advisers. 

2 The Commission shall eiect a Chairperson and a Vice-Chairperson 

from among the Contracting Parties, each of whom shall serve for a term 

of two years and shall be eligible for re-election but shall not serve for 

more than two terms in succession in the same capacity. The 

Chairperson and Vice-Chairperson shall be representatives of different 

Contracting Parties. 

3 The first meeting of the Commission shall take place no iater than 

12 months following the entry into force of this Convention. Thereafter tne 

Chairperson of the Commission shali convene an annual meeting, unless 

the Commission decides otherwise, at a time and location to be decideci 

by the Commission. The Commission shall hold such other meetings as 

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

4 The principle of cost effectiveness shall appiy to the frequency, 

duration and scheduling of meetings of the Commission and its subsidiary 

bodies. 
Articie 8 


FUNCTIONS OF THE COMMISSION 


The Commission shali. in accordance with tne objective. orincioles anc 

approacnes. and specific prov1s1ons of this Convention. exercise the 

following functions: 

1.a) adopt conservation and management measures to achieve the 

objective of this Convention. including, as appropriate, 

conservation and management measures for particula~ fish 

stocks: 

(b; determine tne nature and extent of participation in fishing fo~ 

fishery resources including, as appropriate, for particular fish 

stocks: 

( c) develop rules for the collection, verification, reporting, storing 

and dissemination of data; 

(d) promote the conduct of scientific research to improve 

knowledge of fishery resources and marine ecosystems in th8 

Convention Area and of the same fishery resources in adjacent 

waters under national jurisdiction, and, in collaboration with the 

Scientific Committee, establish procedures for the conduct of 

fishing for fishery resources for scientific purposes in the 

Convention Area; 

(e) cooperate and exchange data with members of the Commission 

and with relevant organisations, coastal States, territories and 

possessions; 

(f) promote compatibility of conservation and management 

measures in the Convention Area, adjacent areas under 

national jurisdiction and adjacent areas of high seas; 

(g) develop and establish effective monitoring, control, surveiliance. 

compliance and enforcement procedures, including 

non-discriminatory market-related and trade-related measures: 

(h) develop processes in accordance with international law to 

assess flag State performance with respect to the 

implementation of their obligations under this Convention and 

adopt proposals. if appropriate. to Promote implementatic>r of 

such obilgations; 

(i) adopt measures to prevent, deter and eliminate IUU fishing: 

(j develop rules for cooperating 

under this Conventior.: 

non-Contracting Party status 
(k) 	 review the effectiveness of the prov1s1ons of this Conventior, 

and the conservation and management measures adopted by 

the Commission in meeting the objective of this Convention: 

(i 	 supervise the organisationa:. administrative, financia: anC: otneinternai affairs of the Organisation, 1nc1udin~ thE relation~ 

among constituent bodies; 

(m) 	 guide the Commission's subsidiary bodies in their work: 

(n) 	 adopt by consensus the budget of the Organisation. the 

financial regulations of the Organisation and any amendments 

thereto. and its rules of procedure. which may include 

procedures for taking and recording decisions intersessionaliy: 

(o) adopt and amend as necessary any other regulations 

necessary for the exercise of its functions and those of its 

subsidiary bodies; and 

(p) 	 exercise any other function and take any other decisions that 

may be necessary for achieving the objective of this 

Convention. 

Article 9 


SUBSIDIARY BODIES 


I The Commission may establish other subsidiary bodies, additional to 

the Scientific Committee, the Compliance and Technical Committee, the 

=.astern Sub-regional Management Committee, the Western Sub-regiona! 

Management Committee and the Finance and Administration Committee 

as may be required. Such additional subsidiary bodies may be 

established on a permanent or temporary basis taking into account cost 

implications. 

2 in establishing such additional subsidiary bodies the Commission 

shall provide specific terms of reference and methods of work, provided 

aiways that such specific terms of reference are consistent with the 

objective and the conservation and management principles and 

approaches of this Convention and with the 1982 Convention and the 

1995 Agreement. Such terms of reference and methods of work may be 

reviewed and amended as appropriate by the Commission from time to 

time. 

3 All subsidiary bodies shall report, advise and make recommendations 

to the Commission and contribute to regular reviews of the effectiveness 

of conservation and management measures adopted by the Commission. 
4 in carrying out their functions, all suos1rnary bodies shall take intc• 

consideration the relevant work of other subsidiary bodies established by 

the Commission, and as appropriate the work of other fisheries 

management organisations and the work of other relevant technica1 anc 

scientific bodies. 

:::, Ali subsidiary bodies may establish working groups. Subsidiary 

bodies may aiso seek external advice as required in accordance with any 

general or specific guidance provided by the Commission 

6 Al! subsidiary bodies shall operate under the rules of procedure o-' 

tne Commission unless otherwise decided by the Commissior: 

Article 10 


SCIENTIFIC COMMITTEE 


1 Each member of the Commission shall be entitled to appoint one 

representative to the Scientific Committee who may be accompanied by 

alternate representatives and advisers. 

2 	 The functions of the Scientific Committee shall be to: 

(a) 	 plan, conduct and review scientific assessments of the status of 

fishery resources including, in cooperation with the relevant 

coastal State Contracting Party or Parties, fishery resources 

that straddle the Convention Area and areas under national 

jurisdiction; 

(b) 	 provide advice and recommendations to the Commission and 

its subsidiary bodies based on such assessments including. as 

appropriate: 

(i) 	 reference points. including precautionary reference points 

as described in Annex II of the 1995 Agreement; 

(ii) 	 management strategies or plans for fishery resources 

based on such reference points; and 

(iii) 	 analyses of conservation and management alternatives, 

such as the establishment of total allowable catch or tota! 

aliowable fishing effort at different levels, that estimate the 

extent to which each alternative would achieve the 

objective or objectives of any management strategy or 

plan adopted, or under consideration, by the Commissior.: 

(c) 	 provide advice and recommendations to the Commission anc 

its subsidiary bodies on the impact of fishing on the marine 

ecosystems in the Convention Area inciuding advice anc 

recommendations on the identification and distribution of 
vulnerable marine ecosystems, the likely impacts of fishing on 

such vulnerable marine ecosystems and measures to prevent 

significant adverse impacts on therr.; 

td , 	 encourage and promote cooperation in scientific researcr. 1r: 

order to improve knowledge of the state of fisherv resources 

and the marine ecosystems in the Convention Area including 

knowledge in relation to fishery resources straddiing the 

Convention Area and areas under national jurisdiction; and 

(e) 	 provide such other scientific advice to the Commission and its 

subsidiary bodies as it considers appropriate, or as may be 

requested by the Commission. 

3 The rules of procedure of the Commission shall provide that where 

the Scientific Committee is unable to provide its advice by consensus, it 

shall set out in its report the different views of its members. The reports of 

the Scientific Committee shall be made publicly available. 

4 The Commission, taking into account any recommendations from the 

Scientific Committee, may engage the services of scientific experts to 

provide information and advice on the fishery resources anci marine 

ecosystems in the Convention Area and any related matters that may be 

relevant to the Commission's consideration of conservation and 

management measures. 

5 The Commission shall make appropriate arrangements for the 

periodic independent peer review of the Scientific Committee's reports, 

advice and recommendations. 

Articie 11 


COMPLIANCE AND TECHNICAL COMMITTEE 


1 Each member of the Commission shall be entitled to appoint one 

representative to the Compliance and Technical Committee who may be 

accompanied by alternate representatives and advisers. 

2 The functions of the Compliance and Technical Committee sh al! be 

tc: 

(a) 	 monitor and review the implementation of, and compliance with. 

conservation and management measures adopted under this 

Convention and provide advice and recommendations to the 

Commission: 

(b) 	 provide such other information, technical advice and 

recommendations as i: considers approprims o~ as may bs 
requested by the Commission relating to the impiementation of 

and compliance with the provisions of this Convention and the 

conservation and management measures adopted, m unde: 

consideration, by the Commission: and 

( c, 	 review the 1mplemematior, of cooperative measure~ fo~ 

monitoring, control, and surveillance and enforcement adopted 

by the Commission and provide advice and recommendations 

to the Commission. 

Article 12 


EASTERN AND WESTERN SUB-REGIONA!... MANAGEMC:NT 


COMMITTEES 


I The Eastern and Western Sub-regional Management Committees 

shal!, on their own initiative or at the request of the Commission, deveiop 

and make recommendations to the Commission on conservation and 

management measures. in accordance with Article 20, and on 

participation in fishing for fishery resources, in accordance with Article 21, 

for the parts of the Convention Area described in Annex I. Such 

recommendations shall be consistent with any measures of general 

appiication adopted by the Commission and shall require the consent of 

the coastal State Contracting Party or Parties concerned on the matters on 

which such consent is required under Article 20 paragraph 4 and Article 21 

paragraph 2. Where appropriate the Committees shall make al! efforts to 

coordinate their recommendations. 

2 The Commission may by consensus amend Annex I at any time to 

adjust the geographic coordinates it contains. Such amendment shall take 

effect from the date of its adoption, or any other date specified in the 

amendment. 

3 The Commission may decide to assign to one Sub-regional 

Management Committee primary responsibility for deveioping and making 

recommendations to the Commission in accordance with this Articie for 2 

specific fishery resource even if the range of that resource shouid extenc' 

beyond the part of the Convention Area tor which that Committee has 

responsibilities in accordance with Anne)~ t. 

4 Each Committee shall develop its recommendations on the basis of 

the advice and recommendations of the Scientific Committee. 

5 

(a) 	 Members of the Commission situated adjacent to the part of the 

Convention Area for which a Committee has responsibilit~' ir. 

accordance with this Articie, or whose fishing vessels: 
(i) 	 are currently fishing in that area; o;­

(ii) 	 have fished in that area within the past two years: o~ 

(iii) 	 are fishing for a specific fishery resource assigned to that 

Committee pursuant ' to oaraaraoh ' ..,_. ' 3. ' inciudino _. ir, area~

under- national jurisdiction adjacent to the Convention Are2 

shall be members of that Committee. 

(bj 	 Any member of the Commission tha~ is not a member of 2. 

Committee pursuant to subparagraph (a) that gives notice to 

the Secretariat of an intention to fish within two years of the 

notice in the part of the Convention Area for which a Committee 

has responsibility in accordance with this Article, shall become 

a member of that Committee. If the notifying member of the 

Commission does not fish in that part of the Convention Area 

within two years of the notice, it shall cease to be a member of 

that Committee. 

(c) 	 Any member of the Commission that is not a member of a 

Committee pursuant to subparagraph (a) or (b) may send a 

representative to participate in the work of that Committee. 

(d) For the purposes of this paragraph, "fishing'· includes only the 

activities described in Article 1 paragraph 1 (g) (i) and (ii). 

6 The Eastern and Western Sub-regiona! Management Committees 

shall make all efforts to adopt their recommendations to the Commission 

by consensus. If all efforts to reach agreement on a recommendation by 

consensus have been exhausted, recommendations shall be adopted by a 

two-thirds majority of the members of the reievant Sub-regional 

Management Committee. Reports to the Commission may include 

majority and minority views. 

7 The recommendations made in accordance with this Article wili be 

the basis of conservation and management measures and decisions 

referred to in Articles 20 and 21. respectively, that shall be adopted by the 

Commission. 

8 Any extraordinary costs incurred for the work of either of the Subregional Management Committees shall be borne by the members of the 

relevant Committee. 
Articie 13 


FINANCE AND ADMINISTRATION COMMITTEE 


< Each member of ths Commission shal: bs entitied i:c apooin'. onE 

representative to the Finance and .A.dm1rnstration Committee wnc may be 

accompanied by alternate representatives and advisers. 

2 The functions of the t=inance and Administration Committee snail bs 

to advise the Commission on the budget. on the time and place of 

meetinqs of the Commission. on oublications of the Commissior.. on 

matter; relating to the Executive Secretary and the staff of the Secretariat 

and on such other financial and administrative matters as may be referred 

to it by the Commission. 

Articie 14 


SECRETARIAT 


1 Tne Secretariat shall perform the functions delegated to it by the 

Commission. 

2 The chief administrative office;- of the Secretariat shall be the 

Executive Secretary, who shall be appointed with the approval of the 

Contracting Parties on such terms as they may determine. 

3 Any employees of the Secretariat shall be appointed by the 

Executive Secretary in accordance with such staff regulations as may be 

determined by the Commission. 

4 The Executive Secretary shall ensure the effective functioning of the 

Secretariat. 

5 The Secretariat to be estabiished under this Convention shall be cost 

effective. The setting up and the functioning of the Secretariat shall. 

where appropriate, take into account the capacity of existing regional 

institutions to perform certain technical secretariat functions and more 

specifically the availability of services under contractual arrangemen~. 

Article 15 


BUDGET 


! The Commission. at its first meeting, shall adopt a budget to fund the 

Commission and its subsidiary bodies, and shall also adopt financiai 

regulations. All decisions on the budget and financial regulations, inciuding 

decisions relating to the contributions of members of the Commission anci 
the formula fo;- calculating such contributions, shal: be taker; by 

consensus. 

=.ach member of the Commission shal! contribute t~ the bud9e:. The 

amoun~ of tne annuai contributions aue from each member- o' tnE 

Comm!ssior1 shall be & combination of a variabie fee basea on its tota: 

catch of such fishery resources as may be specified by the Commiss1or: 

and a basi:: fee and shall take account of its economic status. Fm a 

member of the Commission whose only catch in the Convention Area is 

that of its territory or territories adjoining the Convention Area the 

economic status shall be that of the territory concerned. The Commission 

shall adopt and may amend a formula for the calculation of tnese 

contributions which shall be set out in the financial regulations of tne 

Commission. 

3 The Commission may request and accept financial contributions and 

other forms of assistance from organisations, individuals and other 

sources for purposes connected with the fulfilment of its functions. 

4 The Executive Secretary shall submit a draft of the annual budget for 

the two succeeding financial years to each member of the Commission 

together with a schedule of contributions, not less than 60 days before the 

meeting of the Finance and Administration Committee where the 

Committee will adopt its recommendations to the Commission. in 

preparing the draft budget the Secretariat shall take full account of the 

need for cost effectiveness together with the guidance of the Commission 

as to the meetings of the subsidiary bodies that may be reauired in the 

budget year. Each annual meeting of the Commission shal! adoot a 

budget for the succeeding financial year. 

5 If the Commission is unable to adopt a budget the ievel of 

contributions to the administrative budget of the Commission shali be 

determined in accordance with the budget for the preceding year for the 

purposes of meeting the administrative expenses of the Commission for 

the following year until such time as a new budget can be adopted by 

consensus. 

6 Foliowing the annual meeting of the Commission, the executive 

Secretary shali notify each member of th8 Commission of its comribut1or: 

due as caiculated under the formula adopted by the Commission pursuant 

to paragraph 2 and as soon as possible thereaftei each member of the 

Commission shall pay its contribution to the Organisation. 

1 Contributions shall be payable in the currency of the country in which 

the Secretariat of the Organisation is iocated, except if otherwise 

authorised by the Commission. 
8 A Contracting Party that becomes party to this Convention during the 

course of a financial vear shall contribute in respect of that financial year a , 	 ' 

part of the contribution calculated in accordance with the provisions of this 

Article that is proportionate to the number- of complete months remaining 

in tne year from the date that tne Convention enters into force tor tna: 

Party. 

9 Unless otherwise decidec! by the Commission, a member of the 

Commission that is in arrears with its payment of any monies owed to the 

Organisation by more than two years shall not participate in the taking of 

any decisions by the Commission until it has paid all monies owed by it to 

the Commission. 

10 The financial activities of the Organisation shall be conducted ir, 

accordance with financial regulations adopted by the Commission and 

shall be subject to an annual audit by independent auditors appointed by 

the Commission. 

Article 16 


DECISION MAKING 


1 As a general rule, decisions by the Commission shall be taken by 

consensus. For the purpose of this Article, "consensus" means the 

absence of any formal objection made at the time the decision was taker:. 

2 Except where this Convention expressly provides that a decision 

shall be taken by consensus, if the Chairperson considers that all efforts to 

reach a decision by consensus have been exhausted: 

(a) 	 decisions of the Commission on questions of procedure shall be 

taken by a majority of the members of the Commission casting 

affirmative or negative votes; and 

(b) 	 decisions on questions of substance shall be taken by a threefourths majority of the members of the Commission casting 

affirmative or negative votes. 

3 When the issue arises as to whether a question is one of substance 

or not. that question shall be treated as one of substance. 
Article 17 


IMPLEMENTATION OF COMMISSION DECISIONS 


Decisions on questions of substance adopted by the Commiss1or 

sna!i oecome binding on the members of tne Commission in the following 

manner: 

(a) 	 the Executive Secretary shall promptiy notify each aecision to 

all members of the Commission; and 

(b) 	 subject to paragraph 2. the decision shall become binding upon 

ali members of the Commission 90 days after the date of 

transmittal specmed rn the notification oursuan: m 

subparagraph (a) "the date of notification". 

(a) 	 Any member of the Commission may present to the Executive 

Secretary an objection to a decision within 60 days of the date 

of notification "the objection period''. In that event the decision 

shall not become binding on that member of the Commission to 

the extent of the objection, except in accordance with 

paragraph 3 and Annex IL 

(b' 	 A member of the Commission that presents an objection shall ' } 

at the same time: 

(i) 	 specify in detail the grounds for its objection: 

(ii) 	 adopt alternative measures that are equivaient in effect to 

the decision to which it has objected and have the same 

date of application; and 

(iii) 	 advise the Executive Secretary of the terms of such 

alternative measures. 

(c) 	 The only admissible grounds for an objection are that the 

decision unjustifiably discriminates in form or in fact against the 

member of the Commission, or is inconsistent with the 

provisions of this Convention or other relevant international law 

as reflected in the 1982 Convention or the 1995 Agreement. 

3 Any member of the Commission that has objected to a decision may 

at any time withdraw that objection. The decision shall then become 

binding on that member in accordance with paragraph 1(b) or on the date 

of the withdrawai of the objection whichever is the later. 

4 The Executive Secretary shall promptly notify all members of the 

Commission of: 
(a} the receipt and withdrawa! of each objection: anci 

(b) the grounds for that objection and the alternative measures 

adopted. or proposed to be adopted, pursuant to paragraph 2 

ta, When an objection is presented by a member of the 

Commission pursuant to paragraph 2. a Review Panei shali be 

established within 30 days after the end of the objection period. 

The Review Panel shall be established in accordance with the 

procedures in Annex ll. 

(b; The Executive Secretary shall promptly notify all members of 

the Commission of the establishment of the Review Panel. 

( c) If two or more members of the Commission present objections 

based on the same grounds, those objections shall be dealt 

with by the same Review Panel, which shall have the 

membership specified in Annex I! paragraph 2. 

(d) If two or more members of the Commission present objections 

on different grounds, those objections may, with the consent of 

the members of the Commission concerned, be dealt with by 

the same Review Panel, which shall have the membership 

specified in Annex II paragraph 2. in the absence of such 

consent, objections on different grounds shall be dealt with by 

separate Review Panels. 

(e) Within 45 days after its establishment, the Review Panel shall 

transmit to the Executive Secretary its findings and 

recommendations on whether the grounds specified for the 

objection presented by the member or members of the 

Commission are justified and whether the alternative measures 

adopted are equivalent in effect to the decision to which 

objection has been presented. 

(f) The Executive Secretary shall promptly notify ali members of 

the Commission of the findings and recommendations of the 

Review Panel. The findings and recommendations of the 

Review Panel shali be dealt with and have effect as set out in 

Annex I!. 

Nothing in this Article limits the right of a member of the Commission 

at any time to refer a dispute concerning the interpretation or appiication of 

this Convention for binding settiement in accordance with the provisions of 

this Convention relatino to the settlement of disputes. ~ . 

6 
Articie 18 


TRANSPARENCY 


The Commission shall promote transoaren8y ir. deGisior, makin;:' 

processes and other activities carriec out unde: this Conventior.. 

2 All meetings of the Commission and its subsidiary bodies shall be 

ooen to all participants and observers registered in accordance with 

paragraph 4 unless otherwise decided by the Commission. The 

Commission shall pubiish its reports and conservation and management 

measures when adopted and shalt maintain a public record of all reports 

and conservation and management measures in force in the Convention 

Area. 

3 The Commission shall promote transparency in the implementation 

of this Convention through the public dissemination of non-commercialiy 

sensitive information and, as appropriate, facilitating consultations with. 

and the participation of, non-governmental organisations, representatives 

of the fishing industry, particularly the fishing fleet. and other interested 

bodies and individuals. 

4 Representatives of non-Contracting Parties, relevant 

intergovernmental organisations and non-governmental organisations. 

including environmentai organisations and fishing industry organisations 

with an interest in matters pertaining to the Commission shall be afforded 

the opportunity to take part in the meetings of the Commission and of its 

subsidiary bodies, as observers or otherwise as appropriate. The rules of 

procedure of the Commission shall provide for such participation and shall 

not be unduly restrictive in this respect. The rules of procedure shali also 

provide for such representatives to have timely access to all relevant 

information. 

Article 19 


RECOGNITION OF THE SPECIAL REQUIREMENTS OF DEVELOPING 


STATES 


'1 The Commission shal! give full recognmon to the special 

requirements o7 developing State Contracting Parties in the reg1or., in 

particular the ieast developed among them and small island deveioping 

States, and of territories and possessions in the region, in relation to the 

conservation and management of fishery resources in the Convention 

Area and the sustainable use of such resources. 

2 in giving effect to the duty to cooperate in the establishment of 

conservation and management measures for fishery resources covered by 
this Convention, the members of the Commission shall take into accoun~ 

the special requirements of developing State Contracting Parties in the 

region, in particular the least developed among them and smali islanc 

develooing States anc territories and possessions ir, the regio:. Ir. 

particuia:­

(a 'i the vulnerability of such developing States and territories and 

possessions which are dependent on the exploitation of iiving 

marine resources, including for meeting the nutritionai 

reauirements of tneir populations or part thereof: 

(bl the need to avoid adverse impacts or., and ensure access tc 

fisheries by, subsistence, smaH-scaie and artisanai f!shers anc 

women fish workers, as well as indigenous people in such 

developing States Parties, and territories and possessions: and 

(c) the need to ensure that such measures do not result in 

transferring, directly or indirectly, a disproportionate burden of 

conservation action onto such developing State Contracting 

Parties. and territories and possessions. 

3 The members of the Commission shall cooperate either directly o;­

through the Commission and othe1 regional or sub-regional organisations 

to: 

(a) 	 enhance the ability of developing State Contracting Parties in 

the region, in particular the least developed among them and 

small island developing States, and of territories and 

possessions in the region, to conserve and manage fishery 

resources and to deveiop their own fisheries for such 

resources; 

(b) 	 assist developing State Contracting Parties in the region, ir: 

particular the least developed among them and small island 

developing States, and territories and possessions in the 

region, to enable them to participate in fishing for fishery 

resources, including facilitating access to such fishery 

resources consistent with Article 3 and Article 21: and 

(c) 	 facilitate the participation of developing State Contracting 

Parties in the region, in particular the least developed among 

them and small island developing States, and of territories anC: 

possessions in the region, in the work of the Commission and 

its subsidiary bodies, 

Cooperation for the purposes set out in this Article may inciuae the 

provision of financial assistance, assistance relating to human resources 

development, technical assistance, transfer of technology, includinG 

through join~ venture arrangements, and advisor~' anc: consultative 

services. Such assistance shall, inter aiia, be directed towards: 

4 
improved conservation and manaaement of fisherv resources ' 	 ~ . through collection, reporting, verification, exchange and 

analysis of fisheries data and related information; 

stock assessment and scientific research: and 

( ~\ 

~· monitoring, control, surveillance, compliance and enforcemen~.

inciuding training and capacity-building at the local ieve:. 

development and funding of national and regionai observe: 

programmes and access to technology and equipment. 

::; The Commission shall estabiish a fund to facilitate the effectivs 

participation of developing State Contracting Parties in ths regior.. rn 

particular the least developed among them and small island developing 

States. and, as appropriate, territories and possessions in the region. in 

the work of the Commission and its subsidiary bodies. The financial 

regulations of the Commission shall include guidelines for the 

administration of the fund and criteria for eligibility for assistance. 

Article 20 


CONSERVATION AND MANAGEMENT MEASURES 


I The conservation and management measures adopted by the 

Commission shall include measures to: 

(a) 	 ensure the long-term sustainability of fishery resources and 

promote the objective of their responsible utilisation; 

(b) 	 prevent or eliminate over fishing and excess fishing capacity to 

ensure that levels of fishing effort do not exceed thoss 

commensurate with the sustainable use of fishery resources; 

(c) 	 maintain or restore populations of non-target and associated or 

dependent species to above levels at which their reproduction 

may become seriously threatened; and 

(d) 	 protect the habitats and marine ecosystems in which fishery 

resources and non-target and associated or dependent soecies 

occur from the impacts of fishing, inciuding measures to prevent 

significan~ adverse impacts on vulnerable marine ecosystems 

and precautionary measures where it cannot adequateiy be 

determined whether vulnerable marine ecosystems are present 

or whether fishing would cause significant adverse impacts on 

vulnerable marine ecosystems. 

') The specific conservation and management measures adopted by 

the Commission shall, as appropriate, include the determination of: 
(a) reference points. including precautionary reference points 

described in Annex Ii of the 1995 Agreement; 

as 

(b) the actions to be taken if those reference points are approached 

or exceeded: 

the nature and extent of fishing for any fishery resourcE:; 

including tne establishment of a total aliowabie eaten or totai 

allowable fishing effort: 

(d'

. ) the general or specific locations in which fishing may or may not 

occur: 

(e: the periods in which fishing may or may not occur: 

(f) the size limits in respect of the catch which may be retained; 

and 

(g) the types of fishing gear, fishing technology, or fishing practices 

which may be used when fishing. 

2 in determining a total allowable catch m total allowable fishing effort 

for any fishery resource under paragraph 2 (c), the Commission shall take 

into account tne following factors: 

(a) 	 the status and stage of development of the fishery resource; 

(b) 	 fishing patterns of the fishery resource; 

{,... \ 

\ v) 	 catch of the same fishery resource within areas unde: nationa! 

jurisdiction where relevant: 

(d'

. ) 	 an allowance for discards and any other incidental mortality; 

(e) 	 catch of non-target and associated or dependent species and 

impacts on the marine ecosystems in which the fishery 

resource occurs; 

(f) 	 relevant ecological and biological factors limiting the nature of 

fishery resources that may be harvested; 

(g) 	 relevant environmental factors, including trophic interactions 

which may have an effect upon the fishery resource and nontarget and associated or dependent species; and 

(h) 	 as appropriate, relevant conservation and managemen~ 

measures adopted by other intergovernmental organisations. 

The Commission shall regularly review the totai allowable catch Oi total 

allowable fishing effort established for any fishery resource. 
(a) 

(b) 

(

',....\ 

For a fishery resource that straddles the Convention Area and 

ari area under the national jurisdiction of a coastal State 

Cont1acting Party o:- Parties: 

(i) 	 the Commission shall establish a tota: allowable eaten o .. 

total allowable fishing effort and other conservation and 

management measures, as appropriate, for the 

Convention Area. The Commission and the coastal State 

Contracting Party or Parties concerned shall cooperate in 

the coordination of their respective conservation and 

management measures in accordance with Article 4 of this 

Convention; 

(ii) 	 with the express consent of the coastal State Contracting 

Party or Parties concerned, the Commission may 

establish, in accordance with Annex Ill of this Convention, 

and as appropriate, a total allowable catch or total 

allowable fishing effort that will apply throughout the range 

ot the tisnery resource; and 

(iii) 	 in the case where one or more of the coastal State 

Contracting Parties does not consent to a total allowable 

catch or total allowable fishing effort that will appiy 

throughout the range of the fishery resource, the 

Commission may establish, as appropriate, a total 

allowable catch or total allowable fishing effort that will 

apply in the areas of national jurisdiction of the consenting 

coastal State Contracting Party or Parties and the 

Convention Area. Annex Ill will apply, mutatis mutandis. 

to the establishment of this tota! allowable catch or tota! 

allowable fishing effort by the Commission. 

In cases covered by subparagraph (a) (ii) or (a) (iii), other 

complementary conservation and management measures may 

be adopted so as to ensure sustainable conservatior. and 

management of the fishery resource throughout its range. To 

give effect to this paragraph, such measures may be adopted. 

in accordance with the principles of compatibility outlined in 

Article 4, by the Commission for the high seas and ths coasta! 

State Contracting Party or Parties concerned for the areas 

under national jurisdiction; and by the Commission, with the 

consent of the coastal State Contracting Party or Parties 

concerned. for measures that will apply throughout the range of 

the fishery resource. 

All conservation and management measures. including a totai 

aliowabie catch or total allowabie fishing effort, adopted by the 

vi 
Commission in accordance with suboaragraphs (a) (iiL (a) (iii» 

and (b) are without prejudice to and do not affect the sovereign 

rights of coastal States for the purpose of exploring and 

exploitin;. conserving and managing the living marins 

resources within areas unde: national jurisdiction in accoraance 

with international law. as reflected in the relevant orovislons o~ 

the 1982 Convention and the 1995 Agreement, and de not ir. 

any other respect affect the Area of appiication of this 

Convention established by Article 5. 

1ne Commission snail adopt measures to be apolieo or ar 

emergency basis, in accordance with Article 16, includin~ 

intersessionally, if necessary, where fishing oresents a serious 

tnreat to the sustainability of fishery resources or the marine 

ecosystem in which these fishery resources occur o:- when a 

natural phenomenon or human caused disaster has, or is likely 

to have, a significant adverse impact on the status of fishery 

resources to ensure that fishing aoes not exacerbate sucn 

threat or adverse impact. 

(b' Measures taken on an emergency basis shall be based on the . J 

best scientific evidence available. Such measures shall be 

temporary and must be reconsidered for decision at the next 

meeting of the Commission following their adoption. The 

measures shall become binding on the members of the 

Commission in accordance with Article 17 paragraph 1. Such 

measures shall not be open to the objection procedure in Article 

17 paragraph 2 but may be the subject of dispute settlement 

procedures under this Convention. 

6 The conservation and management measures adopted by the 

Commission shall be progressively developed and integrated into 

management strategies or plans that set out the management objectives 

for each fishery resource, the reference points against which to measure 

progress in relation to those objectives, the indicators to be used in 

relation to those reference points and the measures to be taken in 

response to particular indicator ieveis. 

Article 21 


PARTICIPATION IN FISHING FOR F!SH:RY RESOURCES 


i When taking decisions regarding participation in fishing for any 

fishery resource, including the allocation of a total allowable catch or totai 

aiiowabie fishing effort, the Commission shall take into account the status 
of the fishery resource and the ex1snng leve~ of fishing effort to:­ that 

resource and the following criteria to the extent relevant: 

; a) historic catch and past and present fishing patterns and 

practices in the Convention Arec:: 

(b) 	 compliance with the conservation and management measures 

under this Convention· 

(c) 	 demonstrated capacity and wiliingness to exercise effective flag 

State control over fishing vessels: 

Id) 	 contribution to the conservation and management of fishery 

resources. including the provision of accurate data and effectivs 

monitoring, control, surveillance and enforcemen:; 

(e) 	 the fisheries development asp1rauons and interests of 

developing States in particular small island developing States 

and of territories and possessions in the region; 

(f) 	 the interests of coastal States, and in particuiar developing 

coastal States and territories and possessions, in a fishery 

resource that straddles areas of national jurisdiction of such 

States, territories and possessions and the Convention Area; 

(g) 	 the needs of coastal States and of territories and possessions 

whose economies are dependent mainly on the exploitation of 

and fishing for a fishery resource that straddles areas of 

national Jurisdiction of such States, territories and possessions 

and the Convention Area; 

(h' . ) the extent to which a member of the Commission is utilising the 

catch for domestic consumption and the importance of the 

catch to its food security; 

(i) 	 contribution to the responsible development of new o:­

exploratory fisheries in accordance with Article 22; and 

(

.)J, 	 contribution to the conduct of scientific research with respect to 

fishery resources and the public dissemination of the results of 

such research. 

2 When the Commission establishes a total allowable catch or total 

aliowabie fishing effort for any fishery resource pursuant to Articie 2(: 

paragraph 4 (a) (ii) or (iii), it may, with the express consent of the coastal 

State Contracting Party or Parties concerned, also take aecisions 

regarding participation in fishing for that resource throughout its relevant 

range. 

3 in taking decisions under paragraph 2, the Commission shall take 

into account the historic catch and past and present fishing oatterns and 
practices throughout the relevant range of the fishery resource concerneci 

and the criteria listed in paragraph 1 ( b) - (j). 

L Wher the consent of the coastal State Contracting Party or Parties 

concerned is not provided pursuant to paragraph 2: 

(a) 	 the Commission shal! take decisions, in accordance with 

paragraph 1, regarding aliocation of the portion of the total 

allowable catch or total allowable fishing effort established 

pursuant to Article 20 paragraph 4 (a) (i) that may be taken in 

the Convention Area; and 

(b I 	 the Commission and the coastal State Contracting Party o~ 

Parties concerned shall cooperate in accordance witn Article 4. 

5 in taking decisions under this Articie, the Commission may also have 

regard, as appropriate, to performance with respect to other international 

fisheries management regimes. 

6 The Commission shall, when appropriate, review decisions regarding 

participation in fishing for fishery resources, including the allocation of a 

total allowable catch or total allowable fishing effort, taking into account 

the provisions of this Article and the interests of new Contracting Parties. 

Article 22 


NEW OR EXPLORATORY FISHERIES 


1 A fishery that has not been subject to fishing or has not been subject 

to fishing with a particular gear type or technique for ten years or more 

shall be opened as a fishery or opened to fishing with such gear type or 

technique only when the Commission has adopted cautious preiiminary 

conservation and management measures in respect of that fishery, and, 

as appropriate, non-target and associated Oi dependent species, and 

appropriate measures to protect the marine ecosystem in which tha~ 

fishery occurs from adverse impacts of fishing activities. 

2 Such preliminary conservation and management measures, which 

may include requirements regarding notification of intention to fish. the 

establishment of a development pian, mitigation measures to preven~ 

adverse impacts on marine ecosystems, use of particuiar fishing gear, the 

presence of observers, the collection of data, and the conduct of research 

or exp1oratory fishing, shall be consistent with the objective and the 

conservation and management principles and approaches of this 

Convention. The measures shall ensure that the new fishery resource is 

developed on a precautionary and gradual basis until sufficient information 
is acquired to enable the Commission to adopt appropriately detaiied 

conservation and management measures. 

2· The Commission may, from time to time. adopt standard minimurr: 

conservatior, anci management measures tnat are tc appiy 1n respec: of 

some m al! new fisheries prim to the commencement of fishing fo:- suer: 

new fisheries. 

Articie 23 

DATA COLLECTION, COMPILATION AND :=xcHANGE 

i To enhance the information base for the conservation and 

management of fishery resources, non-target and associated or 

dependent species and the protection of the marine ecosystems in which 

those resources occur; and to contribute to the elimination or reduction of 

IUU fishing and its negative impact on those resources, the Commission 

shall, taking full account of Annex I of the 1995 Agreement, develop 

standards, rules and procedures for, inter af;a: 

(a) the collection, 

Commission of 

Commission; 

verification and timely 

all relevant data by 

reporting 

members 

to 

of 

the 

the 

(b) the compilation and management by the Commission of 

accurate and complete data to facilitate effective stock 

assessment and ensure that the provision of the best scientific 

advice is enabled; 

( c) the security of, access to and dissemination 

maintaining confidentiality where appropriate; 

of data while 

(d) the exchange of data among members of the Commission. and 

with other regional fisheries management organisations, and 

other relevant organisations including data concerning vessels 

engaged in IUU fishing, and, as appropriate, concerning the 

beneficial ownership of such vessels, with a view to 

consolidating such information into a centraiised format fo:­

dissemination as appropriate: 

( c'. 

. .._,. J the facilitation of coordinated documentation and dat2. sharing 

between regional fisheries management organisations. 

including procedures to exchange data on vessel registers, 

catch documentation and trade tracking schemes where 

applicable; and 

(f) regular audits of Commission member comoliance with dat2 

collection and exchange requirements, and for addressing any 

non-compliance identified in such audits. 
2 The Commission shall ensure that data are publicly avaiiabie 

concerning the number of vessels operating in the Convention Area. the 

status of fishery resources managed under this Convention. fishery 

resource assessments, research programmes in the Convention Are2. and 

coooerative initiatives with regionai and gioba! organisations. 

Articie 24 

OBLIGATIONS OF MEMBERS OF THE COMMISSION 

1 C.ach member of the Commission shall, 1n respect of its fishing 

activities within the Convention Area: 

(a) implement this Convention and any conservation and 

management measures adopted by the Commission, and take 

all necessary measures to ensure their effectiveness; 

(b) cooperate in furthering the objective of this Convention; 

(c! take all necessary measures to support efforts to prevent. deter 

and eliminate IUU fishing; and 

( d) collect, verify and report scientific, technical and statistical data 

pertaining to fishery resources and marine ecosystems in the 

Convention Area in conformity with the standards, rules and 

procedures established by the Commission. 

2 t:ach memoer of the Commission shall report to the Commission on 

an annual basis indicating how it has implemented the conservation and 

management measures and compliance and enforcement procedures 

adopted by the Commission. in the case of coastal State Contracting 

Parties, the report shall include information regarding the conservation and 

management measures they have taken for straddling fishery resources 

occurring in waters under their jurisdiction adjacent to the Convention Area 

in accordance with Article 20 parngraph 4 and Articie 4. Such reports 

shall be made publicly available. 

3 Without prejudice to the primacy of the responsibility of the flag State, 

to the greatest extent possible, each member of the Commission shall 

take measures and cooperate to ensure compliance by its nationals. or 

fishing vessels ownec'., operateci or controlied by its nationais, with the 

provisions of this Convention and any conservation and management 

measures adopted by the Commission, and immediately investigate any 

alleged violation of such provisions and measures. Members of the 

Commission shall provide reports on the progress of the investigation to 

the Commission and relevant members of the Commission at appropriate 

regular intervals, to the extent permitted by nationai law, as well as a final 

report on the outcome when the investigation !s compieted. 
4 To the extent permitted by its national laws and regulations, each 

member of the Commission shall establish arrangements for making 

available to prosecuting authorities of other members of the Commission 

evidence related to alleged violations of the provisions of the Convention 

and any conservation and management measures adoptec b)' tn~ 

Commissior., including informatiori available on the beneficial ownership o~ 

vesseis fiying its fiag. 

5 Each member of the Commission shall fulfii in good faith the 

obiigations assumed under this Convention and shali exercise the rights 

recognised in this Convention in a manner which would not constitute an 

abuse of right. 

Article 25 


FLAG STATE DUTIES 


1 Each member of the Commission shall take all necessary measures 

to ensure that fishing vesse!s flying its fiag: 

(a) 	 comply with the provisions of this Convention and the 

conservation and management measures adopted by the 

Commission and that such vessels do not engage in any 

activity which undermines the effectiveness of such measures 

when operating in the Convention Area; 

(b) 	 do not conduct unauthorised fishing within waters under 

national jurisdiction adjacent to the Convention Area; 

( ~\vj 	 carry and operate equipment sufficient to comply with vessel 

monitoring system standards and procedures adopted by the 

Commission; and 

(d) 	 land or tranship fishery resources caught in the Convention 

Area in accordance with standards and procedures adopted by 

the Commission. 

2 No member of the Commission shall allow any fishing vessel entitled 

to fly its flag to be used for fishing in the Convention Area unless it has 

been authorised to do so by the appropriate authority or authorities of that 

member of the Commission. 

Each 	member of the Commission shall: 

(a) 	 authorise the use of fishing vessels fiying its fiag for fishing in 

the Convention Area only where it is able to exercise effective!}' 

its responsibilities in respect of such vessels under th!s 

Convention and in accordance with international law: 
(b) 	 maintain a register of fishing vessels entitled to fly its flag and 

authorised to fish for fishery resources. and ensure that, for all 

such vessels, such information as may be specified by the 

Commission is entered in that registe:-: 

ir, accordance with measures aaoptec by the Comm!ssior. 

investigate immediately and report fully on actions taken in 

response to any alleged violation by fishing vessels flying its 

flag of the provisions of this Convention Oi any conservation 

and management measure adopted by the Commission. 

Reporting shal! include reports on the progress of the 

investigation to the Commission at appropriate regular intervals. 

to the extent permitted by national 1aw, as well as a finai repor'c 

on the outcome when the investigation is completed; 

ensure that penalties applicable for such violations are of an 

appropriate severity, taking into account relevant factors 

including the value of the catch, to secure compliance, 

discourage further violations and deprive offenders of the 

benefits accruing from their iliegal activities; and 

(e) 	 ensure in particular that, where it has been established. in 

accordance with its laws, that a fishing vessel flying its flag has 

been involved in the commission of a serious vioiation of the 

provisions of this Convention or of any conservation and 

management measures adopted by the Commission, the vessel 

concerned ceases fishing activities and does not engage in 

such activities in the Convention Area until it has complied with 

all outstanding sanctions imposed by the member of the 

Commission in respect of the violation. 

4 Each member of the Commission is encouraged to ensure that 

fishing vessels flying its flag operate in the Convention Area in accordance 

with applicable international obligations, and with regard to relevant 

recommendations and guidelines, regarding safety at sea for vessels and 

their crews. 

5 Each member of the Commission shall ensure that fishing vessets 

flying its flag engaged in or intending to engage in research into fishery 

resources comply with any procedures established by the Commission fo~ 

the conduct of scientific research in the Convention Area. 

Articie 26 


PORT STA TE DUTIES 


1 A port State Contracting Party has the right anC: duty tc taKe 

measures, in accordance with international law. to promote the 
effectiveness of sub-regional, regional and globa! conservation and 

manaaement measures. When taking such measures. a port State 

Contracting Party shall not discriminate in form or in fact against the 

fishing vessels of any State. 

each member of the Commission shalt: 

(a) 	 give effect to conservation and management measures adopted 

by the Commission in relation to the entry and use of its ports 

by fishing vessels that have engaged in fishing in the 

Convention Area including, inter afia, with respect to landing 

and transhipment of fishery resources, inspection of fishing 

vessels, documents, catch and gear on boarc, and use of port 

services; and 

(b) 	 provide assistance to flag States, as reasonabiy practical and in 

accordance with its national law and international law, when a 

fishing vessel is voluntarily in its ports and the flag State of the 

vessel requests it to provide assistance in ensuring compliance 

with the provisions of this Convention and with the conservation 

and management measures adopted by the Commission. 

~ in the event that a member of the Commission considers that 2 

fishing vessel making use of its ports has violated a provision of this 

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 organisations. The 

member of the Commission 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 affects the exercise by Contracting Parties of 

their sovereignty over ports in their territory in accordance with 

international law. 

Articie 27 


MONITORING, COMPLIANCE AND ENFORCEMENT 


i The Commission shall establish appropriate cooperative procedures 

for effective monitoring, control and surveillance of fishing and to ensure 

compliance with this Convention and the conservation and management 

measures adopted by the Commission including, inter aiia: 

(a) 	 the establishment and maintenance of a Commission record of 

vessels authorised to fish in the Convention Area, the marking 

of vessels and fishing gear, the recording of fishing activities. 

and the reporting of vessel movements and activities by a 
satellite vessel monitorino svstem that shall be desianed tc .._,· ... ""' 

ensure the integrity and security of near real time 

transmissions. including through the possibility of direct and 

simultaneous transmissions. to the Commission and flag State· 

(b) an inspection pmgramme for Contracting Parties, both at se2 

and in port, including procedures for Contracting Parties t0 

board and inspect each others· vessels in the Convention Area. 

and procedures for notification of inspection vesseis and aircraft 

of Contracting Parties that may participate in the programme: 

(c) reguiation and supervision of transhipment: 

(d) non discriminatory market-reiatec measures. consisten: witr: 

international iavv, to monitor transhipment, landings, and trade 

to prevent, deter and eiiminate IUU fishing including, where 

appropriate, catch documentation schemes; 

( e) reporting on violations detected, progress and outcomes of 

investigations, and enforcement actions taken; and 

(f) addressing IUU fishing activities, including by identifying 

vessels engaging in IUU fishing activities, and by adopting 

appropriate measures to prevent, deter and eliminate IUU 

fishing, such as the development of an IUU vessels list, so that 

owners and operators of vessels engaging in such activities are 

deprived of the benefits accruing from those activities. 

2 The Commission may adopt procedures that enable measures. 

including trade-related measures in relation to fishery resources, to be 

applied by members of the Commission to any state, membe:- of the 

Commission, or entity whose fishing vessels engage in fishing activities 

that diminish the effectiveness of, or otherwise fail to comply with, the 

conservation and management measures adopted by the Commission. 

Such measures should include a range of possible responses so that 

account can be taken of the reason for and degree of non-compliance and 

should include, as appropriate, cooperative capacity-building initiatives. 

Any implementation of trade-related measures by a member of the 

Commission shall be consistent with that member's international 

obligations, including its obligations under the Agreement establishing the 

World Trade Organisation. 

3 If, within three years of the entry into force of this Convention, the 

Commission has not adopted at sea inspection procedures as outlined in 

paragraph 1 (b), or an alternative mechanism which effectively discharges 

the obligations of the members of the Commission unde1 the 

1995 Agreement and this Convention to ensure compliance with the 

conservation and management measures adopted by the Commission. 

Articles 21 and 22 of the 1995 Agreement shall apply among Contracting 
Parties as if those Articies were part of this Convention, and boarding and 

inspection of fishing vessels in the Area, as well as any subsequent 

enforcement action. shall be conducted in accordance with Articles 21 and 

22 of the 1995 Agreement and such additional practical procedures as the 

Commissior. may deciae are necessary for the 1mpiementation o.; tnose 

Articles. 

Articie 28 


OBSERVER PROGRAMME 


I The Commission shall establish an observer programme, within three 

years of the entry into force of this Convention or such other period as the 

Commission may agree, to collect verified catch and effort data. othe~ 

scientific data and additional information related to the fishing activity in 

the Convention Area, and its impacts on the marine environment. 

Information collected by the observer programme shall, as appropriate, 

also be used to support the functions of the Commission and its subsidiary 

bodies, including the Compilance and Technical Committee. The observer 

programme shall be coordinated by the Secretariat of the Commission, 

and shall be organised in a flexible manner which takes into account the 

nature of the fishery resources and other relevant factors. In this regard, 

the Commission may enter into contracts for the provision of the observer 

programme. 

2 The observer programme shall consist of independent and impama1 

observers that are sourced from programmes or service providers 

accredited by the Commission. The programme shall be coordinated, to 

the maximum extent possible, with other regional, sub-regional and 

national observer programmes. 

3 The Commission shall deveiop the observer programme taking into 

account advice from the Scientific Committee and Compliance and 

Technical Committee. The programme shall be operated in accordance 

with standards, rules and procedures developed by the Commission 

including, inter alia: 

(a) 	 arrangements for the placing of observers by a membe; of the 

Commission on vessels flying the flag of another- member of thE: 

Commission with the consent of that member: 

(b) 	 levels of coverage appropriate for different fishery resources to 

monitor and verify catch, effort catch composition and other 

details of fishing operations; 

(c) 	 requirements for collection, validation and reporting of scientific 

data and information relevant to the implementation of the 
orov1s1ons of this Convention and the conservatior, anc 

~anagement measures adopted by the Commission: and 

(d) requirements to ensure the safety and training of observers. fo~ 

observe:· accommodatior while on boarc the vesse: anc tc 

ensure observers have full access to and use ot ali relevant 

facilities and equipment on board the vesse! in order to perform 

their duties effectively. 

Article 29 


ANNUAL REPORT OF THE COMMISSION 


1 The Commission shall publish an annual report, which shall inc1uae 

aetails of decisions taken by the Commission to achieve the objective of 

this Convention. The report shall also provide information on actions 

taken by the Commission in response to any recommendations from the 

Generai Assembiy of the United Nations or the FAO. 

2 Copies of the report shall be publicly available and shall be provided 

to the Secretary-General of the United Nations and the Director-General of 

the FAO. 

Article 30 


REVIEWS 


-1 

I The Commission shall review the effectiveness of the conservation 

and management measures adopted by the Commission in meeting the 

objective of this Convention and the consistency of such measures with 

the principles and approaches in Article 3. Such reviews may include 

examination of the effectiveness of the provisions of the Convention itself 

and shall be undertaken at least every five years. 

2 The Commission shall determine the terms of reference and 

methodology of such reviews which shall be carried out in accordance with 

criteria set by the Commission which shall be guided by best international 

practices and shall include contributions from the subsidiary bodies as 

appropriate and the participation of 2 person or persons of recognised 

competence who is independent of the Commission. 

3 The Commission shall take account of the recommendations arising 

from any such review, including through the appropriate amendment of its 

conservation and management measures and the mechanisms for their 

implementation. Any proposals for amendment to the provisions of this 

Convention arising from any such review shall be dealt with in accordance 

with Article 35. 
4 The results of any such review shal! be made publicly avaHable 

following its submission to the Commission. 

Articie 31 


COOPERATION WITH OTHER ORGAN!SATIONS 


1 The Commission shall cooperate, as appropriate, with other regional 

fisheries management organisations, the FAO, with other specialised 

agencies of the United Nations, and with other relevant organisations on 

matters of mutuai interest. 

2 The Commission shall take account of the conservation anc1 

management measures or recommendations adopted by other regional 

fisheries management organisations and other relevant intergovernmental 

organisations that have competency in relation to the Convention Area, or 

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

particular living marine resources including non-target and associated or 

dependent species, and that have objectives that are consistent with, and 

supportive of, the objective of this Convention. It shall endeavour to 

ensure that its own decisions are compatible with, and supportive of, such 

conservation and management measures or recommendations. 

3 The Commission shali seek to make suitable arrangements fm 

consultation, cooperation and collaboration with such other organisations. 

In particular it shali seek to cooperate with other relevant organisations 

with the aim of reducing and eventually eliminating IUU fishing. 

Article 32 


NON-PARTIES 


1 Members of the Commission shall exchange information with respect 

to the activities of fishing vessels engaged in fishing in the Convention 

Area that are flying the flags of non-Contracting Parties to this Convention. 

Members of the Commission shall take measures, individually or 

coliectiveiy. consistent with this Convention and international iaw to c:iete~ 

activities of such vessels which undermine the effectiveness of 

conservation and management measures applicable in the Convention 

Area, and shall report to the Commission any action taken in response to 

fishing in the Convention Area by non-Contracting Parties. 

2 Taking account of Articles 116 to 119 of the 1982 Convention, the 

members of the Commission, individually o:- collectively. may draw the 

attention of any State or fishing entity which is a non-Contracting Party to 
this Convention to any activity which in the opinion of the member o~ 

members of the Commission affects the implementation of the objective of 

this Convention. 

2 Members of the Commission snail, individually or collectively. reques: 

non-Contracting Parties to this Convention whose vessels fisr: in the 

Convention Area to become party to this Convention or to agree to 

cooperate fully in the impiementation of conservation and management 

measures adopted by the Commission. 

4 Members of the Commission. individually or jointly. shall seek the 

cooperation of any non-Contracting Party that has been identified as 2 

relevant port State or market State to ensure compliance with the objective 

of this Convention. 

Article 33 


RELATION TO OTHER AGREEMENTS 


1 Nothing in this Convention shall prejudice the rights, jurisdiction and 

duties of Contracting Parties under relevant provisions of international law 

as reflected in the 1982 Convention or the 1995 Agreement. 

2 This Convention shall not alter the rights and obligations of 

Contracting Parties that arise from other agreements compatible with th!s 

Convention and that do not affect the enjoyment by other Contracting 

Parties of their rights or the performance of their obligations under this 

Convention. 

Article 34 


SETTLEMENT OF DISPUTES 


1 Contracting Parties shall cooperate in order to prevent disputes and 

shall use their best endeavours to resolve any disputes by amicable 

means which may include, where a dispute is of a technical nature, 

referring the dispute to an ad hoc expert pane!. 

2 in any case where a dispute is not resolved through the means set 

out in paragraph 1, the provisions relating to the settlement of disputes set 

out in Part VIII of the 1995 Agreement shall apply, mutatis murandis, to 

any dispute between the Contracting Parties. 

3 Paragraph 2 shall not affect the status of any Contracting Party in 

reiation to the 1995 Agreement or the 1982 Convention. 
Articie 35 


AMENDMENTS 


~ The text of oroposed amendments must be provided to the Executive 

Secretar~1 at !east 90 days in aavance of a ~omm1ssior; meetinG. Tne 

Executive Secretary shall promptly circuiate a copy of this tex: tc al! 

members of the Commissior:. 

2 Such proposals for amendment to this Convention shall be adopted 

by the Commission by a three-fourths majority of tne Contracting Parties 

oresent and casting affirmative or negative votes. Adopted amendments 

shall be transmitted by the Depositary to al: Contracting Parties withou~ 

delay. 

3 An amendment shall take effect for all Contracting Parties one 

hundred and twenty days following the date of transmittal specified in the 

notification by the Depositary of receipt of written notification of approval 

by three-fourths of all Contracting Parties unless any other Contracting 

Party notifies the Depositary that it objects to the amendment within ninety 

days of the date of transmittal specified in the notification by the 

Depositary of such receipt, in which case the amendment shall not take 

effect for any Contracting Party. Any Contracting Party which has 

objected to an amendment may at any time withdraw that objection. If all 

objections to an amendment are withdrawn, the amendment shall take 

effect for all Contracting Parties one hundred and twent)' days following 

the date of transmittal specified in the notification by the Depositary of 

receipt of the last withdrawal. 

4 Any State, regional economic integration organisation, or other entity 

referred to in Article 1 paragraph 2 (b) that becomes a Contracting Party 

after the adoption of an amendment in accordance with paragraph 2 shall 

be deemed to be bound by the Convention as amended once that 

amendment has entered into force in accordance with paragraph 3. 

5 The Depositary shall promptly notify all Contracting Parties of the 

receipt of notifications of approval of amendments, the receipt of 

notifications of objection or withdrawal of objections, and the entry into 

force of amendments. 

Articie 36 


SIGNATURE, RATIFICATION, ACCEPT ANC: AND APPROVAL 


1 	 This Convention shall be open for signature by: 

(a) 	 States. the regional economic integration organisation anC: tne 

other entities referred to in Article 1, paragraph 2 (b). that 
participated ir, the internationai Consultations on the 

Establishment of the South Pacific Regional Fisheries 

Management Organisation; and 

(b; 	 any othe: State o: any other entity referred to ir Articis ~ 

paragraph 2 (b ). that has jurisdiction over waters ad;acent to the 

Convention Area; 

and shall remain open for signature for 12 months from the first day of 

February 2010. 

2 This Convention is subject to ratification, acceptance or approval by 

tne signatories. 

3 instruments of ratification, acceptance or approval shall be deoosited 

with the Depositary. 

Article 37 


ACCESSION 


1 This Convention shall be open for accession. after its closure fo:­

signature, by any State, regional economic integrntion organisation or 

other entity referred to in Article 36 paragraph 1, and by any other State or 

any other entity referred to in Article 1 paragraph 2 (b) having an interest 

in fishery resources . 

.'.2 	 instruments of accession shall be deposited with the Depositary. 

Article 38 


ENTRY INTO FORCE 


1 This Convention shall enter into force 30 days after the date of 

receipt by the Depositary of the eighth instrument of ratification, accession, 

acceptance or approval, which shall include ratification, accession, 

acceptance or approval by: 

(a) 	 at least three coastal States adjacent to the Convention Area, 

which must include representation from both the side of the 

Convention Area that is east of Meridian 120° West and the 

side of the Convention Area that is west of Meridian 120° West; 

and 

(b) 	 at least three States that are not coastal States adjacent to the 

Convention Area anci whose fishing vesseis are fishing in the 

Convention Area or have fished in the Convention Area. 
2 If within three years of its adoption, this Convention has not entered 

into force in accordance with paragraph 1, it shall enter into force six 

months after the deposit of the tenth instrument of ratification. accession. 

acceptance or approva!. or in accordance with oaragraoh "!. whic:hever is 

the eariier. 

3 For each signatory which ratifies, accepts or approves this 

Convention after its entry into force, this Convention shali entei into force 

for that signatory 30 days after tne deposit of its instrument of ratification. 

acceptance or approval. 

4 For each State or regional economic integration organisation wh1cr. 

accedes to this Convention after its entry into force, this Convention shal: 

enter into force for that State or regional economic integration organisatior, 

30 days after the deposit of its instrument of accession. 

5 For the purposes of this Article, "fishing" includes only the activities 

described in Article 1 paragraph 1 (g) (i) and (ii). 

Article 39 


THE DEPOSITARY 


1 The Government of New Zealand shall be the Depositary of this 

Convention and any amendments thereto. The Depositary shall transmit 

certified copies of this Convention to all signatories and shall register this 

Convention with the Secretary-General of the United Nations pursuant to 

Article 102 of the Charter of the United Nations. 

2 The Depositary shall inform all signatories of and Contracting Parties 

to this Convention of signatures and of instruments of ratification, 

accession, acceptance or approval deposited under Article 36 or 37 and of 

the date of entry into force of the Convention and of any amendments 

thereto. 

Article 40 


PARTICIPATION BY TERRITORIES 


1 The Commission and its subsidiary bodies shall be open to 

participation, with the appropriate authorisation of the Contracting Party 

having responsibility for its international affairs. to territories in the region 

that have an interest in fishery resources. 

2 The nature and extent of participation by territories shall be provided 

for by th8 Contracting Parties in separate ruies of procedure of ths 
Commissior.. taking into account internationai iaw. the distribution of 

competence on matters covered by this Convention and the evolution in 

the capacity of such territory to exercise rights and responsibilities unde:­

this Convention. These rules of procedure shali provide territories with the 

right to participate ful1y in the work of the Commission and its subsidiary 

bodies, except for tne right to vote o; block consensus on decisions. 

advice or recommendations. 

3 Notwithstanding paragraph 2, all such territories shall be entitled to 

be oresent and to speak at the meetings of the Commission and its 

subsidiary bodies. In the performance of its functions, and in taking 

decisions, the Commission shall take into accoun~ the interests o• all 

participants. 

Article 41 


WITHDRAWAL 


1 A Contracting Party may, by written notification addressed to tne 

Depositary, withdraw from this Convention and may indicate its reasons. 

Failure to indicate reasons shall not affect the validity of the withdrawal. 

The withdrawal shall take effect 1 year after the date of receipt of the 

notification, uniess the notification specifies a later date. 

2 Withdrawai from this Convention by a Contracting Party shall not 

affect the financial obligations of such Contracting Party incurred prior to 

its withdrawal becoming effective. 

3 Withdrawal from this Convention by a Contracting Party shall not in 

any way affect the duty of such Contracting Party to fulfil any obligation 

embodied in this Convention to which it would be subject under 

international iaw independently of this Convention. 

Article 42 


TERMINATION 


This Convention shall be automatically terminated if and when. as the 

result of withdrawals, the number of Contracting Parties drops beiow 4. 

Article 43 

RESERVATIONS 

No reservations or exceptions may be made to this Convention. 
Article 44 


DECLARATIONS AND STATEMENTS 


Article 43 does not preclude a State. regional economic integration 

organisation or entity referred to in Article 1 paragraph 2 (b), wnen s1gnin;. 

ratifying or acceding to this Convention. from making declarations o;· 

statements. however phrased or named, with a view, inter afia, to the 

harmonisation of its laws and regulations with the provisions of this 

Convention, provided that such declarations or statements do not purport 

to exclude or to modify the iegal effect of the provisions of this Convention 

in their application to that State, regional economic integratior 

organisation or entity. 

Article 45 


ANNEXES 


The Annexes form an integral part of this Convention and. unless 

expressly provided otherwise, a reference to this Convention includes a 

reference to the Annexes relating thereto. 

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, having been 

duiy authorised by their respective Governments. have signed this 

Convention. 

DONE at Auckland the fourteenth day of November, two thousand and 

nine, in a single original. 

OPENED FOR SIGNATURE at Wellington this first day of February, two 

thousand and ten. 

Australia: 
Annex! 

PARTS OF THE CONVENTION AREA FOR WHICH THE EASTERN 


AND WESTERN SUB-REGIONAL MANAGEMENT COMMITTEES HAVE 


RESPONSIBILITIES 


'1 The Eastern Sub-regionai Management Committee shall be 

responsibie for developing and recommending to the Commission 

conservation and management measures for that part of the Convention 

Area that iies east of Meridian 120° 'Nest. 

2 The Western Sub-regionai Management Committee shali be 

responsible for developing and recommending to the Commission 

conservation and management measures for that part of the Conventior 

Area that iies west of Meridian 120° West. 
Annex I[ 


REVIEW PANEL 


Establishment 

~ A Review Panel to be established in accordance with Article ~ 7 

paragraph 5 shall be constituted as follows: 

(a) 	 It shali consist of three members appointed from the iist of 

experts in the field of fisheries drawn up and maintained by the 

FAO pursuant to Annex VIH, Article 2 of the 1982 Convention o~ 

a similar list maintained by the Executive Secretary. The iist 

maintained by the Executive Secretary shall be made up from 

experts whose competence in the legal, scientific or technical 

aspects of fisheries covered by this Convention is estabiisned 

and generally recognised and who enjoy the highest reputation 

for fairness and integrity. Each member of the Commission 

shall be entitled to nominate up to five experts and shali provide 

information on relevant qualifications and experience of each of 

its nominees. 

(b) 	 The Chairperson of the Commission and the member of the 

Commission that has presented objection to the decision shall 

each appoint one member. The name of the member 

appointed by the objecting member of the Commission shall be 

included in the notification of the objection to the Executive 

Secretary pursuant to Article 17 paragraph 2 (a). The name of 

the member appointed by the Chairperson of the Commission 

shall be notified to the objecting member of the Commission 

within 10 days of the expiry of the objection period. 

(c) 	 The third member shall be appointed within 20 days of the 

expiry of the objection period through agreement between the 

objecting member of the Commission and the Chairperson of 

the Commission and shall not be a nationai of the objecting 

member of the Commission. If there is no agreement within this 

time period on the appointment of the third membe~. the 

appointment shall be made by the Secretary General of the 

Permanent Court of Arbitration, unless it is agreed that the 

appointment be made by another person or third State. 

(d) 	 The Review Panel is considered to be established on the date 

that the third member is appointed, and this third member shall 

chair the Review Panel. 
2 If more than one member of the Commission presents an objection to 

the decision on the same grounds, or where there is agreement pursuant 

to Article 17 paragraph 5 ( d) that objections to the decision made on 

different grounds may be dealt with by the same Review Panel. the 

Review Panel shall consist of 5 members from the lists referred tc ir 

paragraph 1 (al and shall bt:: constituted as foliows: 

(a) 	 One member shall be appointed, in accordance with paragraph 

I (b) by the member of the Commission that presented the first 

objection, two members shall be appointed by the Chairpersor, 

of the Commission within 10 days of the expiry of the objection 

period, one member shall be appointed by agreement betweer. 

the subsequent objecting members of the Commission within 

15 days of the expiry of the objection period and one membe~ 

shall be appointed by agreement between all the objecting 

members of the Commission and the Chairperson of the 

Commission within 20 days of the expiry of the objection period. 

If within the latter two time periods as appropriate, agreement 

cannot be reached on either of the iast two appointments, tne 

appointment or appointments on which agreement has not been 

reached shall be made by the Secretary General of the 

Permanent Court of Arbitration unless there is agreement that 

the appointment or appointments be made by another person or 

third State. 

(b) 	 The Review Panel is considered to be established on the date 

that the final member is appointed. The Review Panel shall be 

chaired by the member appointed by agreement between all the 

objecting members of the Commission and the Chairperson of 

the Commission in accordance with subparagraph (a). 

3 Any vacancy on a Review Panel shall be filled in the manne; 

described for the initial appointment. 

Functioning 

4 	 The Review Pane! shall determine its own rules of procedure. 

5 A hearing shall be convened at a place and on a date to be 

determined by the Review Panel within 30 days following its 

establishment. 

6 Any member of the Commission may submit a memorandum to the 

Review Panel concerning the objection under review and the Panel shall 

allow any such member of the Commission full opportunity to be heard. 
7 Unless the Review Panel decides otherwise because of the particular 

circumstances of the case, the expenses of the Review PaneL inciuding 

the remuneration of its members, shall be borne as foliows: 

(a) 	 70 per cent shall be borne oy the ob_1ectrng member of tne 

Commission, or if there is more than one objecting memoe:-- o7 

the Commission, divided equally amongst them; and 

(b) 	 30 per cent shall be borne by the Commission from its annual 

budget. 

E The findings and recommendationE of the Review Panei shall bs 

adopted by a majority of its members. Any member of the Panei may 

attach a separate or dissenting opinion. Any decisions on the procedure 

of the Review Panel shall also be taken by a majority of its members. 

9 The Review Panel shall, within 45 days of its establishment, transmit 

its findings and recommendations to the Executive Secretary in 

accordance with Articie 17 paragraph 5. 

Findings and Recommendations 

10 The findings and recommendations of the Review Panel shall be 

dealt with as follows: 

Findings of Discrimination 

(a) 	 If the Review Panel finds that the decision to which objection 

has been presented discriminates in form or in fact against the 

objecting member or members of the Commission and the 

alternative measures have equivalent effect to the decision to 

which objection has been presented, the alternative measures 

shall be deemed to be equivalent to the decision and to be 

binding on the relevant member or members of the Commission 

in substitution for the decision. 

(b) 	 Subject to subparagraphs (d) and (e), if the Review Panel finds 

that the decision to which objection has been presented 

discriminates in form or in fact against the objecting member o:­

members of the Commission and the alternative measures are 

equivalent in effect to the decision to which objection has been 

presented, subject to specific modifications, the Review Panel 

will recommend such modifications. On receipt of the findings 

and recommendations of the Review Panei the objecting 

member or members of the Commission shalL within 60 days. 

modify the relevant alternative measures as recommended by 
the Review Panel or institute dispute settlement proceedings 

under this Convention. The alternative measures shall be 

deemed to be equivalent to the decision to which an objection 

has been presented when they are modified as recommended 

by the Review Panel. Such alternative measures sna!I tnen be 

binding on the relevant membe1 or members of the Commissior: 

in the modified form in substitution for the decision. If tne 

objecting member or members of the Commission choose to 

institute dispute settlement proceedings under this Convention 

then neither the decision nor the modified alternative measures 

shall be binding on the objecting member or members of the 

Commission pending decisions made in those proceedings. 

(c) 	 Subject to subparagraphs (d) and (e), if the Review Pane! finds 

that the decision to which objection has been presented 

unjustifiably discriminates in form or in fact against the objecting 

member or members of the Commission but the alternative 

measures do not have equivalent effect to the decision to which 

objection has been presented the objecting member or 

members of the Commission shall, within 60 days, adopt 

measures recommended by the Review Panel as equivalent in 

effect to the decision to which objection has been presented or 

institute dispute settlement proceedings under this Convention. 

If the objecting member or members of the Commission adopt 

the measures recommended by the Review Panel these 

measures shall be deemed to be binding on the objecting 

member or members of the Commission in substitution for the 

decision. If the objecting member or members of the 

Commission choose to institute dispute settlement proceedings 

under this Convention then neither the decision nor any 

measures recommended by the Review Panel shall be binding 

on the objecting member or members of the Commission 

pending decisions made in those proceedings. 

(d) 	 Where the Review Panel makes findings and recommendations 

under subparagraphs (b) or (c) the objecting member or 

members of the Commission may within 30 days from the date 

of the transmittal of the notification of those findings and 

recommendations request an extraordinary meeting of the 

Commission. The Extraordinary Meeting shall be convened by 

the Chairperson within 45 days of the receipt of any such 

request. 

(e) 	 If the Extraordinary Meeting convened under subparagraph (d) 

confirms or modifies the recommendations of the Review Pane!. 

the 60 day period under subparagraphs (b) or (c) as 
appropriate, for the implementation of those findings and 

recommendations in original or modified form or the institution 

of dispute settlement proceedings, shall run from the date of th6 

tiansmittai of the decision of the Extrnordinary Meeting. If the 

Extraordinary Meeting of the Commission decides not tc 

confirm or modify the recommendations of thE: Revievv Pane: 

but to revoke the decision to which objection was presentec 

and replace it with a new decision or a modified version of the 

original decision, the new or modified decision shall become 

binding on the members of the Commission in accordance with 

Articie 17. 

Findings of Inconsistency 

(f) 	 If the Review Panel finds that the decision to which obiection 

has been presented is inconsistent with this Convention, or with 

relevant international law as reflected in the 1982 Convention or 

the 1995 Agreement, an Extraordinary Meeting of the 

Commission shall be convened by the Chairperson within 

45 days of the notification of the Review Panel's findings and 

recommendations to reconsider the decision in the light of those 

findings and recommendations. 

(g) 	 If the Extraordinary Meeting of the Commission revokes the 

decision to which objection has been presented and replaces it 

with a new decision, or a modified version of the previous 

decision, the new or modified decision shall become binding on 

the members of the Commission in accordance with Article 17. 

(h) 	 If the Extraordinary Meeting of the Commission confirms its 

original decision, the objecting member or members of the 

Commission shall, within 45 days, implement the decision or 

institute dispute settlement proceedings under this Convention. 

If the objecting member or members of the Commission choose 

to institute dispute settlement proceedings under this 

Convention, the decision shall not be binding on the objecting 

member 01 members of the Commission pending decisions 

made in those proceedings. 

Findings of Non-justification of Objection 

(i) 	 If the Review Panel finds that the decision to which objection 

has been presented does not discriminate in form or in fact 

against the objecting member or members of the Commission 

and is not inconsistent with this Convention or with relevant 
international law as reflected in the 1982 Convention or the 

1995 Agreement, the objecting member or members of the 

Commission shall, subject to subparagraph (j), within 45 days 

implement the decision or institute dispute settlement 

proceedings under this Convention. If the objecting member or 

members of the Commission choose to institute dispute 

settlement proceedings under this Convention the decision shall 

not be binding on the objecting member or members of the 

Commission pending decisions made in those proceedings. 

(j) 	 If the Review Panel finds that the decision to which objection 

has been presented does not discriminate in form or in fact 

against the objecting member or members of the Commission 

and is not inconsistent with this Convention or with relevant 

international law as reflected in the 1982 Convention or the 

1995 Agreement but that the alternative measures are 

equivalent in effect to the decision and should be accepted as 

such by the Commission, the alternative measures shall be 

binding on the objecting member or members of the 

Commission in substitution for the dec1s1on pending 

confirmation of their acceptance by the Commission at its next 

meeting. 
Annex Ill 

PROCEDURES FOR THE ESTABLISHMENT AND IMPLEMENTATION 


OF A TOTAL ALLOWABLE CATCH OR TOTAL ALLOWABLE FISHING 


EFFORT FOR A STRADDLING FISHERY RESOURCE WHEN APP!...IED 


THROUGHOUT ITS RANGE 


1 in accordance with Articles 23 and 24. coastal State Contracting 

Parties and members of the Commission whose vessels fish for the 

straddling fishery resource in areas under national jurisdiction or on the 

high seas in the adjacent Convention Area shall provide all retevant 

scientific, technical and statistical data with respect to such fishery 

resources to the Commission for consideration by the Scientific Committee 

and. as appropriate, the Compliance and Technical Committee. 

2 In accordance with Article 10, the Scientific Committee shall assess 

the status of the straddling fishery resource throughout its range and 

provide advice to the Commission and the relevant Sub-regional 

Management Committee on an appropriate total allowable catch or total 

allowable fishing effort for the resource throughout its range. Such advice 

should include where possible estimates of the extent to which the 

establishment of a total allowable catch or a total allowable fishing effort at 

different levels would achieve the objective or objectives of any 

management strategy or plan adopted by the Commission. 

3 in accordance with Article 12, and on the basis of the advice of the 

Scientific Committee and any relevant advice of the Compliance and 

Technical Committee, the relevant Sub-regional Management Committee 

shall make recommendations to the Commission on a total allowable 

catch or total allowable fishing effort for the fishery resource throughout its 

range and appropriate measures to ensure the total aliowabie catch or 

total allowable fishing effort is not exceeded. 

4 in accordance with Articles 16 and 20, the Commission, on the basis 

of the recommendations and advice from the Scientific Committee and the 

relevant Sub-regional Management Committee and any relevant advice of 

the Compliance and Technical Committee, shall establish a total allowabie 

catch or total allowable fishing effort for the fishery resource throughout its 

range and adopt appropriate measures to ensure that the total allowable 

catch or total allowable fishing effort is not exceeded. 

5 in relation to the conservation and management of Trachurus 

murphyi (jack mackerel), the Commission shall, in accordance with Article 

20, and as appropriate, give primary consideration to establishing a total 

allowable catch, without prejudice to any other conservation and 
management measures which it considers appropriate to adopt to ensure 

the conservation and sustainable use of this fishery resource. 
Annex IV 


FISHING ENTITIES 


i After the entry into force of this Convention, any fishing entity whose 

vessels have fished or intend to fish for fishery resources may, by a written 

instrument delivered to the Depositary, express its firm commitment to 

abide by the terms of this Convention and comply with any conservation 

and management measures adopted pursuant to it. Such commitment 

shall become effective 30 days from the date of receipt of the instrument. 

Any such fishing entity may withdraw such commitment by written 

notification addressed to the Depositary. The withdrawal shall become 

effective i year after the date of its receipt, unless the notification specifies 

a later date. 

2 Any fishing entity referred to in paragraph 1 above may by a written 

instrument delivered to the Depositary, express its firm commitment to 

abide by the terms of the Convention as it may be amended pursuant to 

Article 35(3). This commitment shall be effective from the dates referred 

to in Article 35(3) or on the date of receipt of the written communication 

referred to in this paragraph, whichever is later. 

3 A fishing entity which has expressed its firm commitment to abide by 

the terms of this Convention and comply with conservation and 

management measures adopted pursuant to it in accordance with 

paragraph 1 must abide by the obligations of members of the Commission. 

and may participate in the worK, including decision making, of the 

Commission in accordance with the provisions of this Convention. For the 

purposes of this Convention, references to the Commission or members of 

the Commission include such fishing entity. 

4 If a dispute involves a fishing entity which has expressed its 

commitment to be bound by the terms of this Convention in accordance 

with this Annex and cannot be settled by amicable means, the dispute 

shall, at the request of any party to the dispute, be submitted to final and 

binding arbitration in accordance with the relevant rules of the Permanent 

Court of Arbitration. 

5 The provisions of this Annex relating to the participation of a fishin£; 

entity are only for the purposes of this Convention. 
---.._, I 

I : lj/'\ .- • ' \ '> 

l, · \, ~ ,, . "·, v ,. , Acting Director, Legal Division, New 

Zealand Ministry of Foreign Affairs and Trade, hereby certify that the attached is 

a true and correct copy of the Convention on the Conservation and 

Management of High Seas Fishery Resources in the South Pacific Ocean 

(excluding signature pages) done at Auckland on 14 Novembe~ 2009 and as 

rectified by Proces Verbal dated 1 April 2010. 

,• --f-....,. /1 . 

(''~'\L)v 

\_;. Dated ~ June 2010