U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

29–118 

" ! SENATE 113TH CONGRESS

1st Session 

TREATY DOC. 

2013

113–1 

CONVENTION ON THE CONSERVATION AND MANAGEMENT OF HIGH SEAS FISHERY RESOURCES IN 

THE SOUTH PACIFIC OCEAN 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

CONVENTION ON THE CONSERVATION AND MANAGEMENT OF 

HIGH SEAS FISHERY RESOURCES IN THE SOUTH PACIFIC 

OCEAN, DONE AT AUCKLAND, NEW ZEALAND, NOVEMBER 14, 

2009 

APRIL 22, 2013.—Treaty was read the first time, and together with the 

accompanying papers, referred to the Committee on Foreign Relations 

and ordered to be printed for the use of the Senate 


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LETTER OF TRANSMITTAL 

THE WHITE HOUSE, April 22, 2013. 

To the Senate of the United States: 

I transmit herewith the Convention on the Conservation and 

Management of High Seas Fishery Resources in the South Pacific 

Ocean (the ‘‘Convention’’), done at Auckland, New Zealand, November 14, 2009, with a view to receiving the advice and consent of the 

Senate to ratification. I also transmit, for the information of the 

Senate, the report of the Secretary of State on the Convention that 

includes an article-by-article analysis. 

The Convention establishes a regional fisheries management organization through which Parties will give effect to their duty to 

cooperate in the conservation and sustainable use of the high seas 

fishery resources in the South Pacific Ocean and to safeguard the 

marine ecosystems in which these resources occur. 

The Convention requires Parties to apply specific conservation 

and management principles and approaches in giving effect to the 

objective of the Convention. These principles and approaches are 

enshrined in existing international instruments to which the 

United States is a party, such as the Agreement for the Implementation of the Provisions of the United Nations Convention on the 

Law of the Sea of December 10, 1982, relating to the Conservation 

and Management of Straddling Fish Stocks and Highly Migratory 

Fish Stocks of December 4, 1995. In addition, the Convention requires that Parties design and adopt specific conservation and 

management measures, such as limitations on catch or effort, time 

or area closures, and gear restrictions. 

The Department of State, Department of Commerce, U.S. Coast 

Guard, and relevant U.S. stakeholders strongly support the Convention. The legislation necessary to implement the Convention 

will be submitted separately to the Congress for its consideration. 

I therefore recommend that the Senate give early and favorable 

consideration to this Convention and give its advice and consent to 

ratification. 

BARACK OBAMA. 


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LETTER OF SUBMITTAL 

DEPARTMENT OF STATE, Washington, August 16, 2012. 

The PRESIDENT, 

The White House. 

THE PRESIDENT: I have the honor to submit to you, with a view 

to its transmittal to the Senate for advice and consent to ratification, the Convention on the Conservation and Management of High 

Seas Fishery Resources in the South Pacific Ocean, done at Auckland, New Zealand, November 14, 2009 (the ‘‘Convention’’). The 

Convention was signed by the United States on January 31, 2011. 

Also enclosed is an overview of the Convention, which includes a 

detailed article-by-article analysis. 

The Convention establishes a regional fisheries management organization through which Parties will give effect to their duty to 

cooperate in the conservation and sustainable use of the high seas 

fishery resources in the South Pacific Ocean and safeguard the marine ecosystems in which these resources occur. 

The Convention requires Parties to apply specific conservation 

and management principles and approaches in giving effect to the 

objective of the Convention. These principles and approaches are 

enshrined in existing international instruments to which the 

United States is a party, such as 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. In addition, the Convention requires Parties design and adopt specific conservation and management measures, such as limitations on catch or effort, time or area 

closures, and gear restrictions. 

The U.S. Department of State, the U.S. Department of Commerce, the U.S. Coast Guard, and relevant U.S. stakeholders 

strongly support the Convention. 

The Convention will require implementing legislation, which is 

being drafted and will be submitted to the Congress for its consideration when appropriate. 

I recommend, therefore, that you transmit the Convention to the 

Senate for its advice and consent to ratification at the earliest possible date. 

Respectfully submitted. 

HILLARY RODHAM CLINTON. 

Enclosures: As stated. 


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EXECUTIVE SUMMARY 

Convention on the Conservation and Management 

of High Seas Fishery Resources in the South Pacific Ocean 

In 2005, the Governments of Australia, New Zealand, and Chile launched 

international negotiations to develop a regime to ensure the long-term conservation 

and sustainable use of non-highly migratory fisheries resources and to safeguard 

the marine ecosystems in which these resources occur in the South Pacific Ocean. 

The Convention on the Conservation and Management of High Seas Fishery 

Resources in the South Pacific Ocean ("Convention"), which resulted from those 

negotiations, builds on the best practices of other regional fisheries management 

organizations and strengthens the implementation of modem principles of 

international fisheries management embodied in relevant agreements (e.g., 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 ("the 1995 Agreement"), the 1982 United Nations 

Convention on the Law of the Sea ("UNCLOS"), and the 1993 Food and 

Agriculture Organization of the United Nations (F AO) Agreement to Promote 

Compliance with International Conservation and Management Measures by 

Fishing Vessels on the High Seas ["the Compliance Agreement"]) and other 

instruments and guidelines that have been developed by the F AO. Through the 

South Pacific Regional Fisheries Management Organization (SPRFMO), a new 

regional fisheries management organization established under the Convention, 

Parties shall apply widely an ecosystem approach to fisheries management through 

an integrated approach that considers management decisions in the context 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. 

The United States took a leading role in negotiations to develop this legally 

binding instrument. While the United States does not currently have any vessels 

fishing in the Convention area covered by the SPRFMO, it might in the future. 

After eight sessions, the negotiations concluded successfully and the Convention 

was adopted on November 14,2009. The Convention opened for signature on 

February 1,2010; the United States signed on January 31,2011. 
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The Convention establishes a regional fisheries management organization 

through which Parties will cooperate in the conservation and sustainable use of the 

high seas fishery resources of the South Pacific Ocean and, in so doing, safeguard 

the marine ecosystems in which these resources occur. The Convention requires 

Parties to apply specific conservation and management principles and approaches 

in giving effect to the objective of the Convention. These principles and 

approaches are enshrined in existing international instruments to which the United 

States is a party, such as the 1995 Agreement. In addition, the Convention requires 

that Parties design and adopt specific conservation and management measures, 

such as limitations on catch or effort, time or area closures, and gear restrictions. 

The Convention is strongly supported by the relevant U.S. government 

agencies and relevant U.S. stakeholders. 
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Convention on the Conservation and Management of High Seas Fishery 

Resources in the South Pacific Ocean (SPRFMO Convention) 

Overview 

Introduction 

The Convention on the Conservation and Management of High Seas Fishery 

Resources in the South Pacific Ocean (SPRFMO Convention) establishes a 

regional fisheries management organization through which Parties will give effect 

to their duty to cooperate in the conservation and sustainable use of the high seas 

fishery resources of the South Pacific Ocean and, in so doing, safeguard the marine 

ecosystems in which these resources occur. 

The SPRFMO Convention builds on the best practices of other regional 

fisheries management organizations and strengthens the implementation of the 

modem principles of international fisheries management embodied in relevant 

agreements, including 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, the 1982 United Nations Convention 

on the Law of the Sea, the 1993 F AO Agreement to Promote Compliance with 

International Conservation and Management Measures by Fishing Vessels on the 

High Seas, and other instruments and guidelines that have been developed by the 

Food and Agriculture Organization of the United Nations. Through the South 

Pacific Regional Fisheries Management Organization (SPRFMO), a new regional 

fisheries management organization established under the Convention, Parties shall 

apply widely an ecosystem approach to fisheries management through an 

integrated approach that considers management decisions in the context of the 

wider marine ecosystems in which they occur to ensure the long-tenn conservation 

and sustainable use of those resources and, in so doing, safeguard those marine 

ecosystems. 

Article-by-Article Analysis 

Article 1, ("Definitions"), contains several definitions. Among these is the 

definition of "fisheries resources," which outlines the scope of the living marine 

resources within the Convention Area to which the SPRFMO Convention applies. 

The definition is inclusive of fish, mollusks, and crustaceans generally, but 

specifically excludes sedentary species under the national jurisdiction of coastal 
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states, highly migratory species (HMS) listed in Annex I of the 1982 United 

Nations Convention on the Law of the Sea.(UNCLOS), anadromous and 

catadromous species, marine mammals, marine reptiles, and sea birds. The 

exclusion of HMS species is intended to prevent overlap in competence with 

existing regional fisheries management organizations (RFMOs) in the Pacific 

established to conserve and manage those resources-specifically the InterAmerican Tropical Tuna Commission and the Western and Central Pacific 

Fisheries Commission. 

Paragraph 2 ofthis article is significant because, in conjunction with Articles 36 

and 37, it provides for the participation in the work of the Commission by the 

European Union (EU) and Taiwan. Article I defines a regional economic 

integration organization as any organization to which its member States have 

transferred competence over matters covered by this Convention, including the 

authority to make decisions binding on its member States in respect ofthose 

matters. The EU is one such regional organization. In the case of the EU, Article 

I specifies that the definition of Contracting Party is inclusive of regional 

economic integration organizations that have consented to be bound by the 

Convention. Articles 36 and 37 further provide that the Convention shall be open 

for accession to regional economic integration organizations. Taiwan's 

participation as a fishing entity is achieved through the application, mutatis 

mutandis, Article 305, paragraphs l(c), (d), and (e) in UNCLOS; and by Articles 

36 and 37 of the Convention, which provides in relevant part that the Convention 

shall be open for accession to States, regional eco'nomic integration organizations, 

and "other entities" having an interest in fishery resources. Annex IV then details 

the process by which an entity such as Taiwan can commit to be bound by the 

terms of the Convention and thus gain participatory rights in the work of the 

Commission. Providing for Taiwan's direct participation in SPRFMO is important 

for the Commission's success in meeting its goals and objectives. Taiwan has a 

sizeable global fishing fleet and has a fishing presence in the Convention Area. 

Article 2, ("Objective"), states that the objective of the SPRFMO Convention is to 

ensure the long-term conservation and sustainable use of fishery resources in the 

Convention Area and, in so doing, to safeguard the marine ecosystems in which 

these resources occur. The objective will be met through the development and 

implementation of conservation and management measures which apply the 

precautionary approach and an ecosystem approach to fisheries management. 

Article 3, ("Conservation and Management Principles and Approaches"), requires 

Contracting Parties, the Commission, and subsidiary bodies established under 
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Article 6 to apply specific conservation and management principles in giving effect 

to the objective ofthe Convention and to carry out decision making under the 

Convention. Such decision making requires consideration of the best available 

scientific information, aI\d conservation and management approaches, including 

the precautionary and ecosystems approaches, to give effect to the objective of the 

Convention. These principles and approaches are enshrined in existing 

international instruments to which the United States is a party, such as 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 ("The 1995 Agreement"). 

Article 4, ("Compatibility of Conservation and Management Measures"), requires 

that conservation and management measures adopted in areas under national 

jurisdiction and for the high seas be compatible in order to ensure the effective 

conservation and management of fishery resources that straddle such areas. The 

article also provides that the Commission's initial conservation and management 

measures shall take due account of, and not undermine the effectiveness of, 

existing conservation and management measures established by coastal State 

Contracting Parties for areas under their 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"), defines the waters of the Pacific Ocean in 

which the Convention applies. The map below is a pictorial illustration of the area 

of application of the Convention that is described in geographical terms in Article 

5. The description of the area of application is without prejudice to the positions 

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

the Convention. The map itself is ~ot part of the Convention text and has no legal 

status. 
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Article 6, ("The Organization"), establishes the South Pacific Regional Fisheries 

Management Organization, consisting among other things of a Commission, a 

Scientific Committee, a Compliance and Technical Committee, both Eastern Subregional and Western Sub-regional Management Committees, a Finance and 

Administration Committee, and a Secretariat which shall be located in New 

Zealand or at such other place as may be decided by the Commission. 

Article 7, ("The Commission"), provides that each Party shall be a member of the 

Commission and appoint one member and alternative representatives, experts, and 

advisers. Article 7 specifies that the Commission shall elect a Chairperson and 

Vice-Chairperson for terms of two years each with eligibility for re-election for no 

more than two consecutive terms. The Commission will meet on an annual basis, 

or as frequently as the Commission deems necessary taking into consideration the 

principle of cost effectiveness. 

Article 8, ("Functions of the Commission"), sets forth the functions to be 

exercised by the Commission. The Commission is empowered, among other 

functions, to adopt conservation and management measures to achieve the 

objectives of the Convention; to develop rules and programs for data collection and 

reporting; to establish monitoring, control, surveillance, compliance, and 

enforcement procedures, to adopt measures to prevent, deter, and eliminate illegal, 

unreported and unregulated fishing; and to exercise any other function and take 

any other decisions that may be necessaty for achieving the objective of the 

Convention. Article 8 also anticipates the development of processes, in accordance 
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with intemationallaw, to assess flag State performance with respect to the 

implementation of their obligations under the Convention and to adopt proposals, 

if appropriate, to promote implementation of such obligations. 

Article 9, ("Subsidiary Bodies"), allows for the creation, by the Commission, of 

additional subsidiary bodies beyond those enumerated in Article 6. The 

Commission may establish subsidiary bodies on a permanent or temporary basis. 

The work of the subsidiary bodies must be consistent with the objective, 

conservation, management principles, and approaches contemplated by the 

Convention, the 1982 Convention, and the 1995 Agreement. 

Article 10, ("Scientific Committee"), specifies that each member of the 

Commission is entitled to appoint one representative to serve on the Scientific 

Committee, along with alternate representatives and advisers. Article 10 also sets 

forth the functions of the Scientific Committee. One of the primary functions of 

the Scientific Committee is to conduct scientific assessments of the health relevant 

fishery resources, and then, based on the results of such assessments, to provide 

advice and recommendations to the Commission regarding the options for 

conservation and management of fish stocks. The Scientific Committee will also 

advise the Commission on the impacts of fishing on the marine ecosystem as a 

whole within the Convention Area, meaning that consideration is also given to 

impacts on non-target species such as sharks, marine mammals, sea turtles, and 

other non-target species. The Scientific Committee will also consider the presence 

of any vulnerable marine ecosystems (VMEs) and recommend measures to prevent 

significant adverse impacts to the same. The reports of the Scientific Committee 

will be made available to the public, and the Commission is directed to arrange for 

periodic independent peer review of the Scientific Committee's work. 

Article 11, ("Compliance and Technical Committee"), specifies that each member 

of the Commission is entitled to appoint one representative to serve on the 

Compliance and Technical Committee, along with alternate representatives and 

advisers. Article 11 also sets forth the functions of the Compliance and Technical 

Committee. The Compliance and Technical Committee is meant to monitor and 

review the implementation of, and compliance with, conservation and management 

measures adopted under the Convention and to provide advice and 

recommendations to the Commission. Moreover the Compliance and Technical 

Committee is also meant to review the cooperative measures for monitoring, 

control, and surveillance and enforcement adopted by the Commission and to 

provide advice and recommendations to the Commission. 
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Article 12, ("Eastern and Western Sub-regional Management Committees"), 

elaborates on the two sub-regional management committees provided for in 

Article 6 and Annex 1. Initially, the geographic boundary dividing the Convention 

Area into Eastern and Western sub-regions will lie at Meridian 120' West, 

according to Annex I, but the Commission may amend the boundary line at any 

time by consensus. Article 12 allows the Commission to assign to one subregional management committee primary responsibility for developing and making 

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. The Commission may assign this responsibility to a sub-regional 

management committee for a specific fishery resource even if the range of that 

resource should extend beyond the part of the Convention Area and into the 

exclusive economic zone (EEZ) of a coastal State Party. The Committees are 

directed to strive to make recommendations by consensus and based on the advice 

from the Scientific Committee, but failing that may make recommendations 

approved by two-thirds majority of the members. 

States are members of a sub-regional committee if they have fished in the subregion in the past two years, intend to do so within the next two years, or iftheir 

jurisdictional waters are adjacent to that sub-region. Other members of the 

Commission not meeting one or more of these criteria may still participate in the 

work of either Sub-regional Management Committee. 

Article 13, ("Finance and Administration Committee"), provides that each member 

of the Commission is entitled to a single representative on the Finance and 

Administration Committee, along with alternate representatives and advisers. The 

Finance and Administration Committee is meant to advise the Commission on 

issues relating to the budget and other fmancial and administrative issues referred 

by the Commission. 

Article 14, ("Secretariat"), provides for the appointment, with the approval of the 

Contracting Parties on such terms as they may determine, of a chief administrative 

officer of the Secretariat. The chief administrative officer of the Secretariat will be 

the Executive Secretary and is empowered to ensure the effective functioning of 

the Secretariat in a cost effective manner, including the authority to hire additional 

Secretariat staff, consistent with any regulations established by the Commission. 

The functions of the Secretariat are to include any responsibilities delegated by the 

Commission. 
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Article 15, ("Budget"), directs the Commission to adopt at its first meeting a set of 

financial regulations and a budget to fund the work of the Commission and its 

committees. The Commission is also expected to adopt a formula for calculating 

members' contributions to the annual budget. The formula must be combination of 

a variable fee based on the total catches of such fisheries resources as may be 

specified by the Commission and a basic fee. A portion of the budget formula 

must also take into account the economic status of members, such as Gross 

National Income per capita. Decisions on the budget, finance regulations, and 

contribution formula require consensus. The Secretariat must prepare for the 

Finance and Administration Committee projected budgets for the two succeeding 

financial years. At each annual meeting, the Commission is expected to adopt a 

budget for the succeeding financial year, but if they fail to do so, the contributions 

of members will be based on the budget from the preceding year, thus ensuring that 

the Commission will not be left without operational funds until such time as the 

Commission is able to adopt a budget by consensus. Unless otherwise decided by 

the Commission, a member of the Commission that is in arrears with its payment 

of any monies owed by more than two years may not participate in the taking of 

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

Commission. The financial activities shall be conducted in accordance with 

financial regulations adopted by the Commission and are subject to an annual audit 

by independent auditors appointed by the Commission. 

Article 16, ("Decision Making"), provides guidance for decisions other than those 

that the Convention specifies must be taken by consensus. If efforts to reach 

consensus have been exhausted, decisions on matters of procedure shall be taken 

by a majority of members casting votes. Decisions on matters of substance require 

a three-fourths majority of members casting votes. 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"), and Annex II ("Review 

Panel") ofthe Convention outline how decisions taken by the members will be 

implemented. Generally, decisions on questions of substance by the Commission 

become binding 90 days after the Executive Secretary notifies all members ofthe 

Commission. Within 60 days of a decision on a question of substance by the 

Commission, a member of the Commission may present the Executive Secretary 

an objection on the grounds that the decision either unjustifiably discriminates 

against it or is inconsistent with the Convention or relevant intemationallaw as 

reflected in the 1982 Convention or the 1995 Agreement. At the time of their 

objection, the objecting member must specifY the grounds for objection and adopt 
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alternative measures that are equivalent in effect to relevant decision ofthe 

Commission. Objections are examined by a Review Panel established and guided 

by the contents of Annex II. Within 45 days after the establishment of a Review 

Panel it must transmit its findings and recommendations on whether the grounds 

specified for the objection are justified and whether the alternative measures 

adopted are equivalent in effect to the decision to which the objection has been 

presented. These findings and recommendations are subject to implementation as 

set forth in Annex II. Finally, nothing in Article 17 limits the right of a member of 

the Commission at any time to refer a dispute concerning the interpretation or 

application of the Convention for binding settlement in accordance with the dispute 

settlement provisions. 

Article 18, ("Transparency"), contains provisions to promote transparency in the 

work of the Commission and its subsidiary bodies. The Commission will be 

responsible for publishing and maintaining a public record of all reports and 

adopted measures. This article also specifically provides for observation of, and 

participation in, the meetings of the Commission and its subsidiary bodies by other 

stakeholders with an interest in its work, such as non-Contracting Parties, 

intergovernmental organizations, and non-governmental organizations. 

Article 19, ("Recognition of the Special Requirements of Developing States"), 

recognizes the special needs of developing states that are Party to the Convention 

and requires the Commission to cooperate to enhance their participation in the 

fishery, their capacity to participate in the work of Commission, and their ability 

to effectively implement measures adopted by the Commission. The Commission 

is required to take into account the requirements of developing state members 

when developing and implementing conservation and management measures, 

taking into account their reliance on relevant marine resources for food security, 

the need to avoid adverse impacts on small-scale and subsistence fisheries, and the 

necessity of ensuring that such members do not bear a disproportionate 

conservation burden. Members of the Commission will also cooperate to enhance 

the capacities of developing state members to participate in relevant fisheries, to 

conserve and manage their fisheries, and to participate in the work of the 

Commission, such as through helping such states send representatives to the 

meetings of the Commission and related bodies. Participation of developing state 

members in the work of the Commission will be aided through the establishment of 

a voluntary fund. This article also anticipates that assistance to such members may 

take a number of forms. Such assistance shall be directed towards, among other 

things, improved conservation and management through data collection and 

reporting; stock assessment and scientific research; and monitoring, control, and 
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enforcement capabilities. The anticipated benefits of this cooperation will accrue 

not only to the developing state member recipients, but also to the Commission as 

a whole because these members may become more effective in their 

implementation of adopted conservation and management measures. 

Article 20, ("Conservation and Management Measures"), contains a number of 

provisions that track closely with the requirements and objectives contained in U.S. 

laws governing fisheries such as the Magnuson-Stevens Fisheries Conservation 

and Management Act of 1976, as amended. Measures adopted by the Commission 

must ensure the long-term sustainability of fishery resources, prevent and eliminate 

overfishing and excess fishing capacity, and address broader marine ecosystem 

concerns such as impacts to dependent or associated species and habitat 

degradation. Vulnerable marine ecosystems (VMEs) are given special attention. 

Significant adverse impacts to VMEs must be avoided and precautionary measures 

taken where uncertainty exists regarding the severity of impacts to VMEs from 

fishing. 

This article also specifically contemplates that conservation and management 

measures may include the adoption of refere!lce points, restrictions on the nature 

and extent of fishing including establishment of a total allowable catch (TACs) or 

effort limits, time/area closures, size limits, and the regulation of gear types and 

fishing methods. 

Where T ACs or total allowable fishing effort restrictions are to be used, this article 

specifies a number of factors that must be taken into account and also provides 

guidance on the development and application of such measures to fishery resources 

that straddle the Convention Area and the exclusive economic zones (EEZs) of 

coastal State Parties. Conservation and management measures adopted by the 

Commission and applied within the Convention Area and the measures adopted by 

coastal States Parties are to be compatible, in accordance with Article 4. The 

Convention Area includes only the high seas, in accordance with Article 5; 

however, Article 20 includes provisions such that if all of the relevant coastal 

States Parties consent, then measures adopted by the Commission may be applied 

within their respective EEZs in order to cover the full range of a straddling stock. 

The Commission is directed to adopt emergency measures, consistent with Article 

16 and based on the best scientific evidence available, intersessionally and on a 

temporary basis, in the event that fishing activity or a natural phenomenon or 

human-caused disaster presents a serious threat to the sustainability of fishery 

resources or the marine ecosystem. Such emergency measures are not subject to 
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the objection procedure set forth in Article 17, but may be the subject of dispute 

settlement procedures under the Convention, and nevertheless must be 

reconsidered at the next meeting of the Commission. 

Article 21, ("Participation in Fishing for Fishery Resources"), requires that the 

Commission take into account several factors when taking decisions regarding 

participation in fishing. These factors include the allocation of total allowable 

catch or fishing effort with the goal of ensuring that such decisions are made in a 

fair and equitable manner. Listed criteria include, among others, patterns of 

historic fishing and catch, levels of compliance with measures adopted by the 

Commission, the effectiveness of flag State control over fishing vessels, 

compliance with data reporting requirements, and the interests and aspirations of 

coastal and developing states and territories. Conservation and management 

measures for straddling stock allocations of catch or participatory rights 

determined by the Commission can apply to fishing that takes place in the EEZs of 

coastal State Contracting Parties, to the extent that the coastal states consent. 

Where consent is not given, the Commission and coastal State Contracting Party 

must cooperate in accordance with Article 4. In taking decisions under Article 21, 

the Commission may also have regard, as appropriate, to performance with respect 

to other international fisheries management regimes. 

Article 22, ("New or Exploratory Fisheries"), provides that a fishery for a new 

stock or for a fishery with a new gear type can only open when the Commission 

has adopted cautious preliminary conservation and management measures in 

respect of that fishery, and, as appropriate, non-target and associated or dependent 

species. The Commission must also adopt appropriate measures to protect the 

marine ecosystem in which that fishery occurs from adverse impacts of fishing 

activities. The preliminary measures adopted by the Commission pursuant to 

Article 21 are meant to 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 detailed conservation and management 

measures. 

Article 23, ("Data Collection, Compilation and Exchange"), directs the 

Commission to take the 1995 Agreement into account when developing standards, 

rules, and procedures for reporting and handling of data, with the goals of 

collecting and compiling scientific data to aid in fisheries management and 

contributing to eliminating or reducing illegal, unregulated, and unreported (IUU) 

fishing. The rules and procedures are to cover the data reporting to the 

Commission, compilation and management of data provided to the Commission, 
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the dissemination of collected data within the bounds of confidentiality, and the 

sharing of such data with other organizations, as appropriate. Robust data 

collection and exchange is meant to help ensure that the Commission can make its 

decisions based on the best available science, and help fight against IUU fishing, 

consistent with the goals found in the 2006 amendments to the u.s. High Seas 

Driftnet Moratorium Protection Act, as Amended by the Magnuson-Stevens 

Fisheries Conservation and Management Reauthorization Act. 

Article 23 also specifies that data such as the number of vessels operating under 

the Convention, the status of covered resources, and joint undertakings with other 

organizations be made publicly available. 

Article 24, ("Obligations of Members of the Commission"), enumerates a set of 

four general obligations of members. In addition to a general obligation to further 

the objectives of the Convention, members are required to effectively implement 

measures adopted by the Commission, to take measures necessary to prevent and 

deter IUU fishing, and to collect and report data according to rules to be developed 

by the Commission. Members are required to submit annual reports detailing steps 

they have taken to implement the measures adopted by the Commission and, in the 

case of coastal states, report compatible measures that they have applied within 

their EEZs. Members shall also take measures to ensure compliance by their 

nationals and vessels owned or operated by their nationals. Where violations are 

suspected, members are to immediately initiate an investigation and then, 

consistent with their domestic laws, report back to the Commission on the outcome 

of investigations. In addition to strengthening the work of the Commission, these 

reporting and accountability requirements may aid the United States in 

implementing the provisions of the High Seas Driftnet Moratorium Protection Act, 

which seeks to prevent, deter, and eliminate IUU fishing. 

Article 25, ("Flag State Duties"), requires members to ensure that fishing vessels 

flying their flag comply with the provisions of the Convention and measures 

adopted by the Commission, and ensure that such vessels do not engage in any 

activity which undermines the effectiveness of such measures when operating in 

the Convention Area. Members are responsible for ensuring that all vessels flying 

their flags do not conduct unauthorized fishing within waters under national 

jurisdiction adjacent to the Convention Area, carry and operate equipment 

sufficient to comply with vessel monitoring system standards and procedures 

adopted by the Commission, and only land or transship fishery resources caught in 

the Convention Area in accordance with standards and procedures adopted by the 

Commission. Members are to ensure that any fishing vessel flying their flag that 
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conducts fishing in the Convention Area is authorized by that member to do so, 

and shall prevent unauthorized vessels from conducting such fishing. A member 

must authorize the use of fishing vessels flying its flag only where it is capable of 

exercising effectively its responsibilities over such vessels under the Convention 

and in accordance with international law. Members shall create and maintain a 

current register of vessels flying their flag and authorized to fish in the Convention 

Area. 

This article also restates the duty of a member to investigate and report on actions 

taken in response to alleged instances of non-compliance by fishing vessels flying 

its flag. Additionally, members are to ensure that penalties applied for violations 

are sufficient in severity to discourage future violations and to deprive offenders of 

any benefits from their non-compliance. Additionally, where it has been 

established, in accordance with its laws, that serious violation of the provisions of 

the Convention or conservation and management measures adopted by the 

Commission by a fishing vessel flying its flag has occurred, a member shall ensure 

that the vessel ceases fishing activities in the Convention Area until all outstanding 

sanctions imposed by that member in respect of the violation have been complied 

with. 

Article 26, ("Port State Duties"), affirms the right and duty of a port State to 

promote the effectiveness of measures adopted by the Commission when a vessel 

that has been fishing in the Convention Area enters its ports. Port State members 

may inspect fishing vessels, the catch, gear, logbooks, and other documentation, 

either on their own initiative or upon request of the flag State. If the member has 

reason to believe that a vessel in its port has violated the terms of the Convention, 

including a conservation and management measure, the member must notify the 

relevant flag State and, where appropriate, the Commission, and provide the flag 

State with full documentation of the incident so that the flag State can promptly 

investigate. Article 26 states that nothing contained therein affects the exercise by 

Contracting Parties of their sovereignty over ports in their territory in accordance 

with international law. 

Article 27, ("Monitoring, Compliance and Enforcement"), gives the Commission 

authority to adopt appropriate monitoring, control, and surveillance measures and 

procedures to ensure compliance with the Convention and the conservation and 

management measures adopted by the Commission. The Article'allows the 

Commission to adopt a number of procedures and programs that are considered 

standard for modern regional fisheries management organizations in order to 

promote compliance and to prevent and deter IUU fishing. The Commission will 
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establish a record of vessels authorized to fish in the Convention Area, a program 

for monitoring vessel positions in near real-time via satellite, programs for 

inspecting vessels at sea and in port, and a program to regulate and monitor 

transshipment of fish catches. The Commission will also establish a process for 

identifYing vessels engaged in IUU fishing and adopt additional appropriate 

measures to prevent, deter, and eliminate IUU fishing. 

This article also contemplates that the Commission may develop a procedure for 

the application of measures, including trade-related measures, to any State, 

member 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. Any 

implementation of trade-related measures by a member must be consistent with 

their obligations relating to the World Trade Organization. 

Article 28, ("Observer Programme"), specifies that the Commission shall have an 

observer program established within three years of entry into force of the 

Convention. The program will consist of independent and impartial fisheries 

observers who will gather and verifY catch and other scientific data. Observer data 

will be used to support the work of the Commission and its subsidiary bodies, 

including for the purposes of examining compliance with conservation and 

management measures. The specifics of the observer program's operation, such as 

the levels of coverage appropriate for each fishery, will be developed by the 

Commission taking into account advice from the Scientific Committee and 

Compliance and Technical Committee, along with other standards, rules, and 

procedures. 

Article 29, ("Annual Report of the Commission"), provides that the Commission 

shall publish and make publicly available an annual report, including among other 

things, details of the decisions taken by the Commission. 

Article 30, ("Reviews"), requires the Commission to undertake a review of its 

performance at least every five years. The review process will include some level 

of participation by persons of competence independent of the Commission. Most 

existing regional fisheries management organizations to which the United States is 

a member have undertaken such performance reviews. The use of experts from 

outside the Commission in such review promotes transparency. The scope of the 

review will include the effectiveness of conservation and management measures 

adopted by the Commission, as well as the adequacy of the Convention provisions. 
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The results of the review will be made publicly available and any 

recommendations will be reviewed by the Commission. 

Article 31, ("Cooperation with Other Organizations"), provides that the 

Commission shall cooperate, as appropriate, with other organizations, particularly 

intergovernmental organizations that have competency in relation to the 

Convention Area or areas adjacent to it, regarding living marine resources. The 

Article also provides that the Commission shall take into account the conservation 

and management measures or recommendations adopted by such organizations and 

endeavor to ensure that its decisions are compatible with, and supportive of, those 

measures. The Commission is to make appropriate arrangements to consult and 

cooperate with such organizations, in particular with respect to reducing and 

eventually eliminating IUU fishing. 

Article 32, ("Non-Parties"), directs members to work independently and 

collectively to monitor fishing activities of non-members to the Convention and to 

take measures consistent with the Convention and international law to deter 

activities that may undermine the effectiveness of the conservation and 

management measures adopted by the Commission. Members can apply measures 

collectively or individually to address problems arising from fishing by nonmembers. Members are encouraged to request that a non-member whose vessels 

fish for covered species in the Convention Area become a party to the Convention 

or otherwise agree to cooperate fully in the implementation of the conservation and 

management measures adopted by the Commission. 

Article 33, ("Relation to other Agreements"), provides that nothing in this 

Convention prejudices the rights, jurisdiction, and duties under relevant provisions 

of international law as reflected in the 1982 Convention or the 1995 Agreement. 

Moreover, the Article establishes that the Convention shall not alter the rights and 

obligations of Contracting Parties that arise from other agreements compatible with 

this 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"), provides that Contracting Parties shall use 

best endeavors to settle disputes by amicable means. If the relevant Contracting 

Parties are unable to do so, then they may use the dispute resolution procedures set 

forth in Part VIII of the 1995 Agreement. Part VIII of the 1995 Agreement 

incorporates dispute resolution procedures from the 1982 Convention, which 

include the possibility of compulsory, binding dispute settlement. Part VIII ofthe 

1995 Agreement also provides a mechanism for a party not party to the 1982 
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Convention to specifY which binding dispute settlement procedure that party will 

accept. The United States is party to the 1995 Agreement, as well as other RFMO 

agreements, such as the Convention on the Conservation and Management of 

Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, which 

include a similar dispute settlement procedure. 

Article 35, ("Amendments"), specifies a procedure for consideration and adoption 

of possible amendments to the Convention. Amendments to the Convention can be 

adopted by the Commission by a three-fourths majority vote of the Contracting 

Parties present and voting. Such amendments will then take effect 120 days after 

the Depositary receives notification of approval from three-fourths of all 

Contracting Parties, unless another Contracting Party lodges an objection with the 

Depositary within 90 days. If such an objection is notified, then the amendment 

does not come in force for any Contracting Party until all objections have been 

withdrawn. 

Article 36, ("Signature, Ratification, Acceptance and Approval"), provides that the 

Convention was open for signature by the States, regional economic integration 

organizations, and other entities described in Article 1 from February 1, 2010, 

through January 31, 2011, subject to subsequent ratification, acceptance, or 

approval, as necessary. 

Article 37, ("Accession"), indicates that the Convention is open for accession 

following the closure of the period for signature. The Convention is currently open 

for accession. Instruments of a.ccession are to be deposited with the Depositary, 

the Government of New Zealand. 

Article 38, ("Entry into Force"), provides that the Convention will enter into force 

30 days following receipt by the depositary of the eighth instrument of ratification, 

accession, acceptance, or approval, provided that such accessions include at least 

three coastal States adjacent to the Convention Area and at least three States that 

are not coastal States. If these conditions are not met within three years after the 

adoption of the Convention, the previous requirements do not apply and it will 

enter into force six months after receipt of the tenth accession. Following entry 

into force, subsequent accessions become effective 30 days following receipt by 

the Depositary of an instrument of ratification. 

Article 39, ("the Depositary"), provides that the Government of New Zealand will 

serve as the Depositary of the Convention. 
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Article 40, ("Participation by Territories"), provides that regional territories of 

Contracting Parties can, with the authorization of the Contracting Party, participate 

in the work of the Commission. At a minimum, such territories are granted the 

right to be present at meetings of the Commission and its subsidiary bodies and to 

speak at such meetings. The nature and extent of participation of authorized 

territories beyond that will be provided for by rules of procedure to be developed 

by the Commission. 

Article 41, ("Withdrawal"), specifies that withdrawals from the Convention 

become effective one year following the receipt of notification by the Depositary. 

Article 42, ("Termination"), provides that the Convention will terminate if and 

when the number of Contracting Parties drops below four. 

Article 43, ("Reservations"), states that no reservations or exceptions to the 

Convention are permitted. 

Article 44, ("Declarations and Statements"), provides that declarations or 

statements can be made when signing or acceding to the Convention so long as 

they do not purport to exclude or modifY the legal effect ofthe provisions of the 

Convention. 

Article 45, ("Annexes"), specifies that the Convention Annexes are integral to the 

Convention and, except where expressly provided otherwise, references to the 

Convention include the Annexes. 

Annex I, ("Parts of the Convention Area for which the Eastern and Western Subregional Management Committees have Responsibilities"), establishes the 

responsibility of (1) the Eastern Sub-regional Management Committee for 

developing and recommending to the Commission conservation and management 

measures for the part of the Convention Area that lies east of Meridian 1200 West 

and(2) the Western Sub-regional Management Committee for developing and 

recommending to the Commission conservation and management measures for the 

part ofthe Convention Area that lies west of Meridian 1200 West. 

Annex II, ("Review Panel"), establishes the procedures for a review panel in 

accordance with Article 17, paragraph 5, of the Convention. The Review Panel is 

established to settle disputes or objections by members of the Commission to 

decisions of the Commission. The panel consists of three members appointed from 

the list of experts in the field of fisheries drawn up and maintained by the F AO 
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pursuant to Annex VIII, Article 2, of the 1982 Convention or a similar list 

maintained by the Executive Secretary. Each member of the Commission may 

nominate up to five experts to serve on the panel list. The objecting member of the 

Commission appoints one member to the panel and the Chairperson of the 

Commission appoints another member to the panel. A third presiding panel 

member is appointed by agreement of the objecting member of the Commission 

and the Chairperson of the Commission, and failing that, by the Permanent Court 

of Arbitration in the Hague, Netherlands. Provision is made along similar lines for 

a five person Review Panel if there is an objection from additional members of the 

Commission to an intended decision by the Commission. 

The Review Panel is considered to be established on the data that the third member 

is appointed, and this third member shall chair the Review Panel. The Review 

Panel is empowered to determine its own rules of procedure and must convene a 

hearing within 30 days of its establishment. The objecting member of the 

Commission bears 70 percent of the costs incurred by the Review Panel and the 

Commission bears the remaining 30 percent. The Review Panel must, within 45 

days of its establishment, transmit its findings and recommendations to the 

Executive Secretary in accordance with Article 17, paragraph 5, of the Convention. 

Any member of the Review Panel may attach a separate or dissenting opinion, and 

all decisions must be done by majority vote. 

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, those measures 

will become binding on the objecting member or members. The Review Panel 

may also recommend modifications to the measures in dispute, which will take 

effect within 60 days upon implementation by the Commission unless the objecting 

member or members institute dispute settlement proceedings under the 

Convention. If the Commission decides not to implement the recommendation of 

the Review Panel to modify discriminatory measures, it may seek further review 

through the dispute resolution procedures described in the Convention. A similar 

procedure is followed for objections as to inconsistency. Moreover, if the Review 

Panel decides that the objection is not justified, the objecting member must, within 

45 days, implement the decision or institute dispute settlement proceedings. If the 

objecting member or members of the Commission choose to institute dispute 

settlement proceedings under this Convention, the decision is not binding on the 

objecting member or members of the Commission pending decisions made in those 

proceedings. 
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Annex III, ("Procedures for the Establishment and Implementation of a Total 

Allowable Catch or Total Allowable Fishing Effort for a Straddling Fishery 

Resource when Applied Throughout its Range"), enables the Commission to 

receive advice and data from the members and relevant technical and scientific 

sub-committees of the Commission for the establishment of the allowable catch 

and allowable fishing effort for a straddling fishery resource. On the basis of this 

advice and data, the Commission is required to establish the total allowable catch 

or fishing effort for the fisheries resource throughout its range. The Commission is 

empowered, pursuant to Articles 16 and 20, to adopt appropriate measures to 

ensure that the total allowable catch or total allowable fishing effort is not 

exceeded. Annex III, paragraph 5, makes special mention of the conservation and 

management of Trachurus murphyi Oack mackerel). Annex III provides that the 

Commission give primary consideration to establishing a total allowable catch for 

this species, without prejudice to any other conservation and management measure 

that it considers appropriate to ensure the sustainable use of this fishery resource. 

Annex IV, ("Fishing Entities"), establishes the procedures for a fishing entity to 

deliver a written instrument to the Depositary which expresses its commitment to 

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

management measures. Paragraph 3 permits a fishing entity to participate in the 

decision making of the Commission if it has expressed its commitment to abide by 

the terms of the Convention. Paragraph 4 provides for dispute resolution, through 

binding arbitration under the rules of the Permanent Court of Arbitration, of 

disputes involving a fishing entity bound by the Convention. 

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(1) 


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Convention on the Conservation and Management of 

High Seas Fishery Resources in the South Pacific Ocean 
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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~: 

Recalling 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 relating 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 adopted 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 cQoperate 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 island developing States, and territories and 

possessions, and their coastal communities, in relation to the 

conservation, management and sustainable development of fishery 

resources and equitable 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; 
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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 on the marine 

environment, preserve biodiversity, maintain the integrity of marine 

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

fishing; 

Mindful that effective conservation and management measures must be 

based on the best scientific information avaiiable 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 the 

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 (FAG) 

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: 
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(i) sedentary species in so far as they are subject to the 

national jurisdiction of coastal States pursuant to Article 77 

paragraph 4 ofthe 1982 Convention; 

(ii) highly migratory species Hsteo in Annex : of the 1982 

Convention: 

(iii) anadromous and catadromous species; and 

(iv) marine mammals, marine reptiies 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 vesse!; 

(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 entitied to fly its flag; or 

(ii) a regional economic integration organisation in which 

fishing vessels are entitled to fly the flag of a member 

State of that regional economic integration organisation; 

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

the FAO 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' inciudes both natural and legal persons; 

(I) 'port' inciudes offshore terminais and other installations for 

landing, transhipping, packaging, processing, refuelling or resupplying; 

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

economic integration organisation to which its member States 
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2 

have transferred competence over matters covered by this 

Convention, including the authority to make decisions binding 

on its member States in respect of those matters; 

(n) 'serious vioiation' has the same meaning as that set out in 

Article 21 paragraph 11 of the 1995 Agreement and such other 

violations as may be specified by the Commission; and 

(0) '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 sustainable 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 paragraph 

2 and Article 9 paragraph 1 shall: 

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

(i) conservation and management of fishery resources shall 

be conducted in a transparent, accountable and inclusive 

manner, taking into account best international practices; 

(ii) fishing shall be commensu:-ate with the sustainable use of 

fishery resources taking into account the impacts on non-
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2 

target and associated 01 dependent species and the 

general obligation to protect and preserve the marine 

environment; 

(iii' overfishing and excess fishing capaciTY shail be preventec 

or eliminated; 

(iv) full and accurate data on fishing, including information 

relating to impacts on the marine ecosystems in which 

fishery resources occur, shall be collected, verified, 

reported and shared in a timely and appropriate manner; 

(v) decisions shall be based on the best scientific 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 compliance 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; 

and 

(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 wideiy to 
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the conservation and management of fishery resources in order 

to protect those resources and to preserve the marine 

ecosystems in which tney occu:-, and in particular the 

Contracting Parties, the Commission and subsidiary bodies 

shall: 

(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 widely to the 

conservation and management of fishery resources through an 

integrated approach under which decisions in relation 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 

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 and management of straddling 

fishery resources in their 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 

characteristics of the fishery resources and the reiationships 
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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 in areas under national 

jurisdiction: 

(b) take into account the respective dependence of the coastal 

States and the States fishing on the high seas on the fishery 

resources concerned; and 

(c) ensure that such measures do not result in harmful impact on 

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

3 The Commission's initial 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 law: 

(a) east of a line extending south along the 1200 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 550 parallel of south latitude to the intersection with 

the 1500 meridian of east longitude; then due south along the 

1500 meridian of east longitude to the intersection with the 600 

parallel of south latitude; 

(b) north of a line extending east along the 600 parallel of south 

latitude from the 150° meridian of east longitude to the 

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

(c) west of a line extending north along the 67° 16' meridian of west 

longitude from the 600 paraliel of south latitude to its 

intersection with the outer limit of the national jurisdiction of 

Chile then along the outer limits of the national jurisdictions of 

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

2° parallel of north latitude; and 
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(d) south of a line extending west along the 2° paraliel 07 north 

latitude (but not including the national jurisdiction of Ecuador 

(Galapagos Islands)) to the intersection with the 1500 meridian 

of west longitude; then due north along the 1500 meridian of 

west longitude to its intersectior. with 10° parallei of north 

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

intersection with the outer iimits 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 (a) above. 

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

beyond areas of national jurisdiction bounded by the 100 parallel of north 

latitude and the 20° parallel of south latitude and by the 1350 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 T errestriai 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 

The Contracting Parties hereby agree to establish, maintain and 

strengthen the South Pacific Regiona! t""lsneries 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 of: 

(a) a Commission; 

(b) a Scientific Committee; 

(c) a Compliance and Technical Committee; 

(d) an :::'astem Sub-regional Management Committee: 
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(e) a Western Sub-regional Management Committee: 

(f) a Finance and Administration Committee: 

(g) a Secretariat, 

and any other subsidiary bodies tnat 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 legal personality in accordance with 

international law and shall enjoy in its relations with other internationai 

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

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 later than 

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

Chairperson of the Commission shall convene an annual meeting, unless 

the Commission decides otherwise, at a time and iocation to be decided 

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 apply to the frequency, 

duration and scheduling of meetings of the Commission and its subsidiary 

bodies. 
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Articie 8 

FUNCTIONS OF THE COMMISSION 

The Commission shall, in accordance with the objective, principles and 

approacnes, and specific provisions of this Conventior:, exercise the 

following functions: 

(a) adopt conservation and management measures to achieve the 

objective of this Convention, including, as appropriate, 

conservation and management measures for particular fish 

stocks; 

(b) determine the nature and extent of partidpation in fishing for 

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 the 

Convention Area and of the same fishery resources in adjacent 

waters under national jurisdiction, and, in coliaboration 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, surveillance, 

compliance and enforcement procedures, including 

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

(h) develop processes in accordance with internationai law to 

assess flag State performance with respect to the 

implementation of their obligations under this Convention and 

adopt proposals. if appropriate, to promote implementation of 

such obligations; 

(i) adopt measures to prevent, deter and eiiminate IUU fishing; 

(j) develop rules for cooperating non-Contracting Party status 

under this Conventior.; 
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(k) review the effectiveness of the provisions of this Convention 

and the conservation and management measures adopted by 

the Commission in meeting the objective of this Convention; 

(I) supervise the organisational, administrative, financia: and other 

internal affairs of the Organisation, Induding the relations 

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; 

(0) 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, 

Articie 9 

SUBSIDIARY BODIES 

1 The Commission may establish other subsidiary boaies, additional to 

the Scientific Committee, the Compliance and Technical Committee, the 

Eastern Sub-regional Management Committee, the Western Sub-regional 

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 

always 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. 
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4 In carrying out their functions, all subsidiary bodies shall take into 

consideration the relevant work of other subsidiary bodies estabiished by 

the Commission, and as appropriate the work of other fisheries 

management organisations and the work of other relevant technical and 

scientific bodies. 

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

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

general or specific guidance provided by the Commission. 

6 AI! subsidiary bodies shall operate under the rules of procedure Of 

the Commission unless otherwise decided by the Commissior~. 

Article 10 

SCIENTIFIC COMMITTE:: 

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 induding, 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, induding precautionary reference points 

as described in Annex 1/ 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 totai 

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 Commission; 

(c) provide advice and recommendations to the Commission and 

its subsidiary bodies on the impact of fishing on the marine 

ecosystems in the Convention Area including advice and 

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

such vulnerable marine ecosystems and measures to prevent 

significant adverse impacts on them; 

(d) encourage and promote cooperation in scientific research in 

order to improve knowledge of the state of fishery 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 and 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 

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 shall be 

to: 

(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 appropriate O~ as may bE: 
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requested by the Commission relating to the implementation of 

and compliance with the provisions of this Convention and the 

conservation and management measures adopted, or under 

consideration, by the Commission; and 

(c; revie"v the implementation of coopeiativs measures for 

monitoring, control, and surveillance and enforcement adopted 

by the Commission and provide advice and recommendations 

to the Commission. 

Articie 12 

EASTERN AND WESTERN SUB-REGIONAL MANAGEMENT 

COMMITTEES 

The Eastern and Western Sub-regional Management Committees 

shaH, on their own initiative or at the request of the Commission, develop 

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 

application 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 Articie 21 

paragraph 2. Where appropriate the Committees shall make all 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 developing and making 

recommendations to the Commission in accordance with this Article for a 

specific fishery resource even if the range of that resource should extend 

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

responsibilities in accordance with Annex 1. 

4 Each Committee shall deveiop 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 responsibility in 

accordance with this Articie, or whose fishing vessels: 
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(i) are currently fishing in that area; 0, 

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

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

Committee pursuant to paragraph 3, induding in areas 

under national jurisdiction adjacent to the Convention Area 

shall be members of that Committee. 

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

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) mail 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-regional 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 relevant Sub-regional 

Management Committee. Reports to the Commission may include 

majority and minority views. 

7 The recommendations made in accordance with this Article will 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 

reievant Committee. 
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Article 13 

FINANCE AND ADMINISTRATION COMMITTEE 

Each member of the Commission shal: bs entitied to appoint one 

representative to the Finance and Administration Committee wno may bs 

accompanied by alternate representatives and advisers. 

2 The functions of the rinance and Administration Committee shall be 

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

meetings of the Commission, on publications of the Commission, on 

matters 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. 

Article 14 

SECRETARIAT 

The Secretariat shall perform the functions delegated to it by the 

Commission. 

2 The chief administrative officer 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 established 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 arrangement. 

Article 15 

BUDGET 

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

Commission and its subsidiary bodies, and shall also adopt financial 

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

decisions relating to the contributions of members of the Commission and 
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the formula fo;- calculating such contributions, shall be taken by 

consensus. 

2 Each member of the Commission shall contribute to the budget. The 

amount of the annuai contributions due from each member of the 

Commission shaH be a combination of a variable fee based on its total 

catch of such fishery resources as may be specified by the Commission 

and a basic fee and shaH take account of its economic status. For a 

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

that of iis 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 these 

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

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 required in the 

budget year. Each annual meeting of the Commission shaH adopt a 

budget for the succeeding financial year. 

5 If the Commission is unable to adopt a budget, the level of 

contributions to the administrative budget of the Commission shall be 

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

purposes of meeting the administrative expenses of the Commission for 

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

consensus. 

6 Foliowing the annual meeting of the Commission, the Executive 

Secretary shall notify each member of the Commission of its contribution 

due as calculated under the formula adopted by the Commission pursuant 

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

Commission shall pay its contribution to the Organisation. 

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

the Secretariat of the Organisation is located, except if otherwise 

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

course of a financial year 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 the year from the date that the Convention enters inro force for that 

Party. 

9 Unless otherwise decided 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 in 

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 

As a genera! rule, decisions by the Commission shall be taken by 

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

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

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 questior. shall be treated as one of substance. 
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Article 17 

IMPLEMENTATION OF COMMISSION DECISIONS 

De::;isions on questions of substance adopted by the Commission 

shall become binding on the members of the Commission in the following 

manner: 

2 

(a) the Executive Secretary shalt promptiy notify each decision to 

ali 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 specified in the notification pursuant to 

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 H. 

(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 equivalent 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 iaw 

as refiected 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 shaH then become 

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

of the withdrawal of the objection whichever is the later. 

4 The Executive Secretary shall promptly notify all members of the 

Commission of: 
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(a) the receipt and withdrawal of each objection; and 

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

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

(a) When an objection is presented by a member of the 

Commission pursuant to paragraph 2, a Review Panel shall 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 II. 

(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 II 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 all members of 

the Commission of the findings and recommendations of the 

Review Panel. The findings and recommendations of the 

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

AnnexlL 

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

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

this Convention for binding settiement in accordance with the provisions of 

this Convention relating to the settlement of disputes. 
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Articie 18 

TRANSPARENCY 

The Commission shall promote transparency ir decision making 

processes and other activities carried ou~ under this Convention. 

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

open to all participants and observers registered in accordance with 

paragraph 4 unless otherwise decided by the Commission. The 

Commission shall publish its reports and conservation and management 

measures when adopted and shall 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-commercially 

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-Contraciing Parties, relevant 

intergovernmental organisations and non-governmental organisations, 

including environmental 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 shall 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 shall give full recognition to the special 

requirements 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, 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 
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this Convention, the members of the Commission shall take into account 

the special requirements of developing State Contracting Parties in the 

region, in particular the least developed among them and smal! iSland 

developing States, anc: territories and possessions iro the regior., in 

particular: 

(a) the vulnerability of such developing States and territories and 

possessions which are dependent on the expbitation of living 

marine resources, inciuding for meeting the nutritional 

requirements of their populations or part thereof; 

(b) the need to avoid adverse impacts on, and ensure access to 

fisheries by, subsistence, small-s::;ale and artisanai fishers and 

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 or 

through the Commission and other regional or sub-regional organisations 

to: 

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

the region, in particular the least deveioped among them and 

small island developing States, and of territories and 

possessions in the region, to conserve and manage fishery 

resources and to develop their own fisheries for such 

resources; 

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

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 suc:h 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 deveioping States, and of territories and 

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

its subsidiary bodies. 

4 Cooperation for the purposes set out in this Articie may include the 

provision of financial assistance, assistance relating to human resources 

deveiopment, technic:al assistance, transfer of technology, including 

through joint venture arrangements, and advisonj and consultative 

services. Such assistance shaH, inter alia, be directed towards: 
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(a) improved conservation and management of fishery resources 

through coliection, reporting, verification, exchange and 

analysis of fisheries data and related information: 

(b) stock assessment and scientifi0 research; and 

(G'j monitoring, contro!, surveillance, compliance and enforcement, 

including training and capacity-building at the local leve!, 

development and funding of national and regionai observer 

programmes and access to technology and equipment. 

5 The Commission shall establish a fund to facilitate the effective 

participation of developing State Contracting Parties in the region, in 

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 

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 those 

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 species 

occur from the impacts of fishing, inciuding measures to prevent 

significant adverse impacts on vulnerable marine ecosystems 

and precautionary measures where it cannot adequately be 

determined whether vulnerable marine ecosystems are present 

or whether fishing would cause significant adverse impacts on 

vulnerable marine ecosystems. 

2 The specific conservation and management measures adopted by 

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

described in Annex II of the 1995 Agreement; 

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

or exceeded; 

(c) the nature and extent of fishing for any fishery resource 

including the establishment of a total aliowabie catch or total 

allowable fishing effort; 

(d) the general or specific locations in which fishing mayor may not 

occur; 

(e) the periods in which fishing mayor 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. 

3 in determining a total allowable catch or totai allowable fishing effort 

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

into account the following factors: 

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

(b) fishing patterns of the fishery resource; 

(c) catch of the same fishery resource within areas under national 

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 management 

measures adopted by other intergovernmental organisations. 

The Commission shall regularly review the total aliowable catch or total 

allowable fishing effort established for any fishery resource. 
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4 

(a) For a fishery resource that straddles the Convention Area and 

an area under the national jurisdiction of a coastal State 

Contracting Party or Parties: 

Oi) 

(iii) 

the Commission shall establish a total allowable catch 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 shaH cooperate in 

the coordination of their respective conservation and 

management measures in accordance with Article 4 of this 

Convention; 

with the express consent of the coastal State Contracting 

Party or Parties concerned, the Commission may 

establish, in accordance with Annex III of this Convention, 

and as appropriate, a total allowable catch or total 

allowable fishing effort that will apply throughout the range 

of the fishery resource; and 

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 apply 

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 III will apply, mutatis mutandis, 

to the establishment of this total allowable catch or total 

aliowable fishing effort by the Commission. 

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

complementary conservation and management measures may 

be adopted so as to ensure sustainable conservation 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 outiined in 

Articie 4, by the Commission fo; the high seas and the coastal 

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. 

(c) AI! conservation and management measures, including a total 

allowable catch or total aliowabie fishing effort, adopted by the 
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5 

Commission in accordance with subparagraphs (a) (ii), (a) (iii) 

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

rights of coastal States for the purpose of exploring and 

eXDloitin~. conserving and managing the living marine 

resources within areas under national jurisdiction in accordance 

with international law, as reflected in the relevant provisions of 

the 1982 Convention and the 1995 Agreement, and do not in 

any other respect affect the Area of appiication of this 

Convention established by Article 5. 

(a) The Commission shall adopt measures to be applied on an 

emergency basis, in accordance with Articie 16, including 

intersessionaliy, if necessary, where fishing presents a serious 

threat to the sustainability of fishery resources or the marine 

ecosystem in which these fishery resources occur or 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 does not exacerbate such 

threat or adverse impact. 

(b) Measures taken on an emergency basis shall be based on the 

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 shaH not be open to the objection procedure in Articie 

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 levels. 

Article 21 

PARTICIPATION IN FISHING FOR FISHERY RESOURCES 

1 When taking decisions regarding participation in fishing for any 

fishery resource, inciuding the allocation of a total allowable catch or total 

aliowabie fishing effort, the Commission shall take into account the status 
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of the fishery resource and the eXlstmg level of fishing effort for that 

resource and the following criteria to the extent relevant: 

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

practices in the Convention Area: 

(b) compliance with the conservation and management measures 

under this Convention; 

(C) demonstrated capacity and willingness to exercise effective flag 

State control over fishing vessels; 

(d) contribution to the conservation and management of fishery 

resources, including the provision of accurate data and effective 

monitoring, control, surveillance and enforcement; 

(e) the fisheries development aspirations 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 particular 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 or 

exploratory fisheries in accordance with Articie 22; and 

U) 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 

allowable fishing effort for any fishery resource pursuant to Articie 20 

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

State Contracting Party or Parties concerned, also take decisions 

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 patterns and 
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pra~tices throughout the reievant range of the fishery resource concerned 

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

4 When the consent of the coastal State Contracting Party or Parties 

concerned is not provided pursuant to paragrapr. 2: 

(a) the Commission shall take decisions, in accordance with 

paragraph 1, regarding allocation 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) the Commission and the coastal State Contracting Party or 

Parties concerned shall cooperate in accordance with 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. 

Articie 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 preliminary 

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

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

appropriate measures to protect the marine ecosystem in which that 

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 plan, mitigation measures to prevent 

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

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

or expioratory 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 
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is acquired to enable the Commission to adopt appropriately detailed 

conservation and management measures. 

3 The Commission may, from time to time. adopt standard minimum 

conservation and management measures that are to apply in respect of 

some or ali new fisheries prior to the commencement of fishing for such 

new fisheries. 

Article 23 

DATA COLLECTION, COMPILATION AND EXCHANGE 

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 

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

standards, rules and procedures for, inter alia: 

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

Commission of all relevant data by members of the 

Commission; 

(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 of data while 

maintaining confidentiality where appropriate; 

(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 centralised format for 

dissemination as appropriate; 

(e) the facilitation of coordinated documentation and data 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 compliance with data 

collection and exchange requirements, and for addressing any 

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

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 Area, and 

cooDerative initiatives with regional and global organisations. 

Articie 24 

OBLIGATIONS OF MEMBERS OF THE COMMISSION 

1 Each member of the Commission shaH, in respe~t 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 al! 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 Each member 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 straddiing fishery resources 

occurring in waters under their jurisdiction adjacent to the Convention Area 

in accordance with Article 20 paragraph 4 and Article 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 compiiance by its nationals, or 

fishing vessels owned, operated or controlled by its nationals, 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 reoorts on the progress of the investigation to 

the Commission and relevant members of the Commission at appropriate 

regular intervals, to the extent permitted by national law, as weH as a final 

report on the outcome when the investigation is completed. 
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4 To the extent permitted by its national laws and regulations, each 

member of the Commission shall estabiish 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 adopted by the 

Commission, including information available on the beneficial ownership of 

vessels fiying its flag. 

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

obiigations assumed under this Convention and shall exercise the rights 

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

abuse of right. 

Articie 25 

FLAG STATE DUTIES 

Each member of the Commission shall take all necessary measures 

to ensure that fishing vessels flying its flag: 

(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; 

(c) 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. 

3 Each member of the Commission shall: 

(a) authorise the use of fishing vessels flying its flag for fishing in 

the Convention Area only where it is able to exercise effectively 

its responsibilities in respect of such vessels unde. this 

Convention and in accordance with international law; 
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(b) maintain a register of fishing vessels entitied 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~; 

(c) in accordance with measures adopted by the Commissior., 

investigate immediately and report fuliy on actions taken in 

response to any alleged violation by fishing vessels flying its 

fiag of the provisions of this Convention or any conservation 

and management measure adopted by the Commission. 

Reporting shall include reports on the progress of the 

investigation to the Commission at appropriate regular intervals, 

to the extent permitted by national iaw, as weI! as a final report 

on the outcome when the investigation is completed; 

(d) 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 illegal 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 violation 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 vesse!s and 

their crews. 

5 Each member of the Commission shall ensure that fishing vessels 

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

resources comply with any procedures estabiished by the Commission for 

the conduct of scientific research in the Convention Area. 

Article 26 

PORT STATE DUTIES 

1 A port State ContraGiing Party has the right and duty to take 

measures, in accordance with international iaw, to promote the 
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effectiveness of sub-regional, regional and global conservation and 

management 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. 

2 Each member of the Commission shall: 

(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 alia, with respect to landing 

and transhipment of fishery resources, inspection of fishing 

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

services; and 

(b) provide assistance to flag States, as reasonably 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. 

3 In the event that a member of the Commission considers that a 

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 

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 aha: 

(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 
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satellite vessel monitoring system that shall be designed to 

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 programme for Contracting Parties, both at sea 

and in port, including procedures for Contracting Parties to 

board and inspect each others' vessels in the Convention Area, 

and procedures for notification of inspection vessels and aircraft 

of Contracting Parties that may participate in the programme; 

(c) regulation and supervision of transhipment; 

(d) non discriminatory market-related measures, consistent with 

international law, 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, member 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 under 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 shali apply among Contracting 
36 


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Parties as if those Articles 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 decide are necessary for the implementation of those 

Articies. 

Articie 28 

OBSERVER PROGRAMME 

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 coliect verified catch and effort data, other 

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 shaH, as appropriate, 

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

bodies, including the Compliance 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 impartial 

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 member 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 coliection, validation and reporting of scientific 

data and information relevant to the implementation of the 
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provisions of this Convention and the conservation and 

management measures adopted by the Commission; and 

(d) requirements to ensure the safety and training of observers, for 

observer accommodation whiie on board the vessel, and to 

ensure observers have full access to and use of ali relevant 

facilities and equipment on board the vessel in order to perform 

their duties effectively. 

Article 29 

ANNUAL REPORT OF THE COMMISSION 

1 The Commission shali publish an annual report, which shall inciude 

details 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 

General Assembly of the United Nations or the FAO. 

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

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

the FAO. 

Article 30 

REVIEWS 

1 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 Articie 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 a 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, inciuding 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 accordancs 

with Articie 35. 
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4 The results of any such review shall be made publicly available 

following its submission to the Commission. 

Article 31 

COOPERATION WITH OTHER ORGAN!SATIONS 

The Commission shall cooDerate, 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 mutual interest. 

2 The Commission shall take account of the conservation and 

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 shall seek to make suitable arrangements for 

consultation, cooperation and collaboration with such other organisations. 

In particular it shaH seek to cooperate with other relevant organisations 

with the aim of reducing and eventually eliminating IUU fishing. 

Article 32 

NON-PARTIES 

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 

collectively. consistent with this Convention and international law to deter 

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 0, collectively, may draw the 

attention of any State or fishing entity which is a non-Contracting Party to 
39 


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this Convention to any activity which in the opInion of the member or 

members of the Commission affects the implementation of the objective of 

this Convention. 

3 Members of the Commission shall, individually or collectively, request 

non-Contracting Parties to this Convention whose vessels fish in the 

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

cooperate fully in the implementation of conservation and management 

measures adopted by the Commission. 

4 Members of the Commission, individually or jointly, shaH seek the 

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

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

of this Convention. 

Articie 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 compatibie with this 

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 

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 panel. 

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 mutandis, to 

any dispute between the Contracting Parties. 

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

relation to the 1995 Agreement or the 1982 Convention. 
40 


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Article 35 

AMENDMENTS 

The text of oroposed amendments must be provided to the Executive 

Secretary at ieast 90 days in advance of a Commission meeting. The 

Executive Secretary shall promptly circulate a copy of this text to all 

members of the Commission. 

2 Such proposals for amendment to this Convention shall be adopted 

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

present and casting affirmative or negative votes. Adopted amendments 

shall be transmitted by the Depositary to ali Contracting Parties without 

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 twenty days following 

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

receipt of the last withdrawal. 

4 Any State, regional economic integiation 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 approvai of amendments, the receipt of 

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

force of amendments. 

Article 36 

SIGNATURE, RATIFICATION, ACCEPTANCE AND APPROVAL.. 

This Convention shaH be open for signature by: 

(a) States. the regional economic integration organisation and the 

other entities referred to in Article 1, paragraph 2 (b). that 
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participated in the Interna£ional Consultations 

Establishment of the South Pacific Regional 

Management Organisation; and 

on the 

Fisheries 

(bj any other State or any other entity referred to in Article 1, 

paragraph 2 (b), that has jurisdiction over waters adjacent 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 

the signatories. 

3 Instruments of ratification, acceptance or approval shall be deposited 

with the Depositary. 

Article 37 

ACCESSION 

This Convention shall be open for accession, after its ciosure for 

signature, by any State, regional economic integration 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 0 West and the 

side of the Convention Area that is west of Meridian 1200 West; 

and 

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

Convention Area anci whose fishing vessels are fishing in the 

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

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

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

acceptance or approval, or in accordance with paragraph 1. whichever is 

the eariier 

3 For each signatory which ratifies, accepts or approves this 

Convention after its entry into force, this Convention shall enter into force 

for that signatory 30 days after the deposit of its instrument of ratification, 

acceptance or approval. 

4 For each State or regionai economic integration organisation which 

accedes to this Convention after its entry into force, this Convention shall 

enter into force for that State or regional economic integration organisation 

30 days after the deposit of its instrument of accession. 

5 For the purposes of this Articie, "fishing" inciudes only the activities 

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

Article 39 

THE DEPOSITARY 

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-Genera! 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. 

Articie 40 

PARTICIPATION BY TERRITORIt:::S 

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 the Contracting Parties in separate ruies of procedure of the 
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Commission, taking into account internationai law, the distribution of 

competence on matters covered by this Convention and the evolution in 

the capacity of such territory to exercise rights and responsibiiities under 

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

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

bodies, except for the right to vote or block consensus on decisions, 

advice or recommendations. 

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

be present 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 account the interests of all 

participants. 

Article 41 

WITHDRAWAL 

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

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, unless the notification specifies a later date, 

2 Withdrawal 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 law 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 below 4. 

Article 43 

RESERVATIONS 

No reservations o~ exceptions may be made to this Convention, 
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Article 44 

DECLARATIONS AND STATEMENTS 

Articie 43 does not preciude a State, regional economic integration 

organisation or entity referred to in Article 1 paraglaph 2 (b), when signing, 

ratifying or acceding to this Convention, from making declarations or 

statements, however phrased or named, with a view, inter alia, 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 legal effect of the provisions of this Convention 

in their application to that State, regional economic integration 

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 

duly 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 Weliington this first day of February, two 

thousand and ten. 

Australia: 
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Annex f 

PARTS OF THE CONVENTION AREA FOR WHICH THE EASTERN 

AND WESTERN SUB-REGIONAL MANAGEMENT COMMITTEES HAVE 

RESPONSIBILITIES 

The Eastern Sub-regional Management Committee shall be 

responsible for developing and recommending to the Commission 

conservation and management measures for that part of the Convention 

Area that lies east of Meridian 1200 West. 

2 The Western Sub-regional Management Committee shall be 

responsible for developing and recommending to the Commission 

conservation and management measures for that part of the Convention 

Area that lies west of Meridian 1200 West. 
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Annex It 

REVIEW PANEL 

Establishment 

A Review Panel to be established in accordance with Article 17 

paragraph 5 shall be constituted as follows: 

(a) It shall consist of three members appointed from the list of 

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

FAO pursuant to Annex VIII, Articie 2 of the 1982 Convention or 

a similar list maintained by the Executive Secretary. The list 

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 established 

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 shaH 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 national of the objecting 

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

time period on the appointment of the third member, 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. 
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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 Pane!, the 

Review Pane! shail consist of 5 members from the lists referred to in 

paragraph 1 (8) and shaH be constituted as follows: 

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

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

objection, two members shall be appointed by the Chairperson 

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

period, one member shall be apPointed by agreement between 

the subsequent objecting members of the Commission within 

15 days of the expiry of the objection period and one member 

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 last two appointments, the 

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 manner 

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 piace and on a date to be 

determined by the Review Panel within 30 days following its 

estabiishment. 

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. 
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7 Unless the Review Panel decides otherwise because of the particular 

circumstances of the case, the expenses of the Review Pane!, inciuding 

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

(a) 70 per cent shall be borne by the objecting member of the 

Commission, or if there is more than one objecting member of 

the Commission, divided equally amongst them; and 

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

budget. 

8 The findings and recommendations of the Review Panei shaH be 

adopted by a majority of its members. Any member of the Panel 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 Article 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 Pane! 

will recommend such modifications. On receipt of the findings 

and recommendations of the Review Panel the objecting 

member or members of the Commission shall, within 60 days, 

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

under this Convention. The alternative measures shaH 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 shall then be 

binding on the relevant membe. or members of the Commission 

in the modified form 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 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 Panel 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 shaH, 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 Pane! 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 PaneL 

the 60 day period under subparagraphs (b) or (c) as 
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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 the 

transmittal of the decision of the Extraordinary Meeting, If the 

Extraordinary Meeting of the Commission decides not to 

confirm or modify the recommendations of the Review Panel 

but to revoke the decision to which objection was presented 

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 objection 

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 or members of the Commission pending decisions 

made in those proceedings, 

Findings of Non-justification of Objection 

(i) If the Review Panel finds that the dec!sion 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 
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international law as reflected in the 1982 Convention or the 

1995 Agreement, the objecting member or members of the 

Commission shaH, subject to subparagraph 0), 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. 

U) 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 decision pending 

confirmation of their acceptance by the Commission at its next 

meeting. 
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Annex III 

PROCEDURES FOR THE ESTABLISHMENT AND IMPLEMENTATION 

OF A TOTAL ALLOWABLE CATCH OR TOTAL ALLOWABLE FISHING 

EFFORT FOR A STRADDLING FISHERY RESOURCE WHEN APPLIED 

THROUGHOUT ITS RANGE 

In accordance with Articies 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 relevant 

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 Articie 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 inciude 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 allowable catch or 

total allowable fishing effort is not exceeded. 

4 in accordance with Articies 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 Uack 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 
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management measures which it considers appropriate to adopt to ensure 

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

FISHING ENTiTIES 

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 1 year after the date of its receipt, uniess 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, induding 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 fishing 

entity are oniy for the purposes of this Convention. 
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\I\i ""', . \ 

I, \ I,,::.., \ \'\\/" 'I" , 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 November 2009 and as 

rectified by Proces Verbal dated 1 April 2010. 

\.'\ I I Lr, /---r\. , . 

'\' \, /;. 1 I (.\\(1 \'.' \j (\ \I Iv'\tJv' 

i 

7" \ 

Dated ~ If- June 2010 

o