Southern Indian Ocean Fisheries Agreement (SIOFA)
Date: 2006-07-07
Institutions: Australia, Comoros, European Union, France, Kenya, Madagascar, Mauritius, Mozambique, New Zealand, Seychelles
Subjects: EU relations, Indian Ocean, conservation of fish stocks, fishing agreement, multilateral agreement, sustainable development

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Official Journal of the European Union

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SOUTHERN INDIAN OCEAN FISHERIES AGREEMENT (SIOFA)

THE CONTRACTING PARTIES

HAVING A MUTUAL INTEREST in the proper management,
long-term conservation and sustainable use of fishery
resources in the Southern Indian Ocean, and desiring to further the attainment of their objectives through international
cooperation,

TAKING INTO CONSIDERATION that the coastal States have waters under national jurisdiction in accordance with the
United Nations Convention on the Law of the Sea of 10 December 1982 and general principles of international law,
within which they exercise their sovereign rights for the purpose of exploring and exploiting, conserving and managing
fishery resources and conserving living marine resources upon which fishing has an impact,

RECALLING THE RELEVANT PROVISIONS of 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
to Promote Compliance with International Conservation and
Stocks of 4 December 1995, and the Agreement
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 28th Session of the Conference of the Food and Agriculture
Organization of the United Nations on 31 October 1995,

RECALLING FURTHER article 17 of 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 1995, and the need for non-Contracting Parties to this Southern Indian Ocean
Fisheries Agreement to apply the conservation and management measures adopted hereunder and not to authorise vessels
flying their flag to engage in fishing activities inconsistent with the conservation and sustainable use of the fishery
resources to which this Agreement applies,

RECOGNIZING economic and geographical considerations and the special requirements of developing States, in particular
the least developed among them and small-island developing States and their coastal communities, for equitable benefit
from fishery resources,

DESIRING cooperation between coastal States and all other States, organizations and fishing entities having an interest in
the fishery resources of the Southern Indian Ocean to ensure compatible conservation and management measures,

BEARING IN MIND that the achievement of the above will contribute to the realization of a just and equitable economic
order in the interests of all humankind, and in particular the special interests and needs of developing States, in particular
the least developed among them and small-island developing States,

CONVINCED that the conclusion of a multilateral agreement for the long-term conservation and sustainable use of fishery
resources in waters beyond national jurisdiction in the Southern Indian Ocean would best serve these objectives,

AGREE AS FOLLOWS:

Article 1

Definitions

For the purposes of this Agreement:

(a)

‘1982 Convention’ means the United Nations Convention
on the Law of the Sea of 10 December 1982;

Conservation and Management of Straddling Fish Stocks
and Highly Migratory Fish Stocks of 4 December 1995;

(c)

‘Area’ means the area to which this Agreement applies, as
prescribed in article 3;

(b) ‘1995 Agreement’ means the Agreement for the Implemen-
tation of the Provisions of the United Nations Convention
on the Law of the Sea of 10 December 1982 relating to the

(d)

‘Code of Conduct’ means
for
Responsible Fisheries adopted by the 28th Session of the
Conference of the Food and Agriculture Organization of the
United Nations on 31 October 1995;

the Code of Conduct

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(e)

‘Contracting Party’ means any State or regional economic
integration organization which has consented to be bound
by this Agreement and for which the Agreement is in force;

member States have transferred competence over matters
covered by this Agreement,
including the authority to
make decisions binding on its member States in respect
of those matters;

(f)

‘fishery resources’ means resources of fish, molluscs, crus-
taceans and other sedentary species within the Area, but
excluding:

(i)

sedentary species subject to the fishery jurisdiction of
coastal States pursuant
to article 77(4) of the 1982
Convention; and

(ii) highly migratory species listed in Annex I of the 1982

Convention;

(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
any purpose
including scientific research;

resources

fishery

for

(l)

‘transshipment’ means the unloading of all or any of the
fishery resources on board a fishing vessel onto another
vessel whether at sea or in port.

Article 2

Objectives

The objectives of this Agreement are to ensure the long-term
conservation and sustainable use of the fishery resources in the
Area through cooperation among the Contracting Parties, and
to promote the sustainable development of fisheries in the Area,
taking into account the needs of developing States bordering
the Area that are Contracting Parties to this Agreement, and in
particular the least developed among them and small-island
developing States.

Article 3

Area of application

(iii) placing, searching for or recovering any aggregating
device for fishery resources or associated equipment
including radio beacons;

This Agreement applies to the Area bounded by a line
1.
joining the following points along parallels of
latitude and
meridians of longitude, excluding waters under national juris-
diction:

(iv) any operation at sea in support of, or in preparation
for, any activity described in this definition, except for
any operation in emergencies involving the health or
safety of crew members or the safety of a vessel; or

(v)

the use of an aircraft
in relation to any activity
described in this definition except for flights in emer-
gencies involving the health or safety of crew members
or the safety of a vessel;

(h) ‘fishing entity’ means a fishing entity as referred to in Article

1(3) of the 1995 Agreement;

(i)

‘fishing vessel’ means any vessel used or
intended for
including a mother-ship, any other vessel directly
fishing,
engaged in fishing operations, and any vessel engaged in
transshipment;

(j)

‘nationals’ includes both natural and legal persons;

(k)

‘regional
a
regional economic integration organization to which its

integration organization’ means

economic

Commencing at the landfall on the continent of Africa of the parallel
of 10° North; from there east along that parallel to its intersection
with the meridian of 65° East; from there south along that meridian
to its intersection with the equator; from there east along the equator
to its intersection with the meridian of 80° East; from there south
along that meridian to its intersection with the parallel of 20° South;
from there east along that parallel to its landfall on the continent of
Australia; from there south and then east along the coast of Australia
to its intersection with the meridian of 120° East; from there south
along that meridian to its intersection with the parallel of 55° South;
from there west along that parallel to its intersection with the meridian
of 80° East; from there north along that meridian to its intersection
with the parallel of 45° South; from there west along that parallel to
its intersection with the meridian of 30° East; from there north along
that meridian to its landfall on the continent of Africa.

2. Where for the purpose of this Agreement it is necessary to
determine the position on the surface of the Earth of a point,
line or area, that position shall be determined by reference to
the International Terrestrial Reference System maintained by the
International Earth Rotation Service, which for most practical
purposes is equivalent to the World Geodetic System 1984
(WGS84).

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Article 4

General principles

The Meeting of the Parties shall, by consensus, adopt and
3.
amend its own Rules of Procedure and those of its subsidiary
bodies.

In giving effect to the duty to cooperate in accordance with the
1982 Convention and international law, the Contracting Parties
shall apply, in particular, the following principles:

(a) measures shall be adopted on the basis of the best scientific
evidence available to ensure the long-term conservation of
fishery resources, taking into account the sustainable use of
such resources and implementing an ecosystem approach to
their management;

(b) measures shall be taken to ensure that the level of fishing
activity is commensurate with the sustainable use of the
fishery resources;

(c)

the precautionary approach shall be applied in accordance
with the Code of Conduct and the 1995 Agreement,
whereby the absence of adequate scientific information
shall not be used as a reason for postponing or failing to
take conservation and management measures;

(d) the fishery resources shall be managed so that they are
maintained at
levels that are capable of producing the
maximum sustainable yield, and depleted stocks of fishery
resources are rebuilt to the said levels;

(e)

fishing practices and management measures shall take due
account of the need to minimize the harmful impact that
fishing activities may have on the marine environment;

(f) biodiversity in the marine environment shall be protected;

and

(g) the special requirements of developing States bordering the
Area that are Contracting Parties to this Agreement, and in
particular the least developed among them and small-island
developing States, shall be given full recognition.

Article 5

Meeting of the parties

their

first meeting,

The Contracting Parties, at

4.
shall
consider the adoption of a budget to fund the conduct of the
Meeting of the Parties and the exercise of its functions and
accompanying financial regulations. The financial regulations
shall set out the criteria governing the determination of the
amount of
contribution to the
budget, giving due consideration to the economic status of
Contracting Parties which are developing States,
and in
particular the least developed among them and small-island
developing States, and ensuring that an adequate share of the
budget is borne by Contracting Parties that benefit from fishing
in the Area.

each Contracting Party's

Article 6

Functions of the meeting of the parties

1.

The Meeting of the Parties shall:

(a) review the

state of

fishery resources,

including their

abundance and the level of their exploitation;

(b) promote and, as appropriate, coordinate research activities
as required on the fishery resources and on straddling stocks
occurring in waters under national jurisdiction adjacent to
the Area,
including discarded catch and the impact of
fishing on the marine environment;

(c) evaluate the impact of fishing on the fishery resources and
on the marine environment, taking into account the envir-
onmental and oceanographic characteristics of
the Area,
other human activities and environmental factors;

(d) formulate

and

adopt

conservation and management
measures necessary for ensuring the long-term sustainability
of the fishery resources, taking into account the need to
protect marine biodiversity, based on the best scientific
evidence available;

(e) adopt

generally

recommended international minimum
standards for the responsible conduct of fishing operations;

1.
The Contracting Parties shall meet periodically to consider
matters pertaining to the implementation of this Agreement and
to make all decisions relevant thereto.

(f) develop rules for the collection and verification of scientific
and statistical data, as well as for the submission, publi-
cation, dissemination and use of such data;

The ordinary Meeting of

the Parties shall, unless the
2.
Meeting otherwise decides, take place at least once a year and,
to the extent practicable, back-to-back with meetings of the
South West
Fisheries Commission. The
Contracting Parties may also hold extraordinary meetings
when deemed necessary.

Indian Ocean

that

to ensure

(g) promote cooperation and coordination among Contracting
Parties
conservation and management
measures for straddling stocks occurring in waters under
to the Area and measures
national
jurisdiction adjacent
adopted by the Meeting of
the fishery
the Parties for
resources are compatible;

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(h) develop rules and procedures for the monitoring, control
and surveillance of
fishing activities in order to ensure
compliance with conservation and management measures
adopted by the Meeting of
the Parties including, where
appropriate, a system of verification incorporating vessel
monitoring and observation, and rules concerning the
boarding and inspection of vessels operating in the Area;

the Parties otherwise decides, at least once a year, and preferably
prior to the Meeting of the Parties,
in accordance with the
following provisions:

(a)

the functions of the Scientific Committee shall be:

(i) develop and monitor measures

to prevent, deter and

eliminate illegal, unreported and unregulated fishing;

(i)

(j)

law and any applicable
in accordance with international
instruments, draw the attention of any non-Contracting
Parties to any activities which undermine the attainment
of the objectives of this Agreement;

(k) establish the criteria for and rules governing participation in

fishing; and

(l) carry out any other tasks and functions necessary to achieve

the objectives of this Agreement.

In determining criteria

for participation in fishing,
2.
including allocation of total allowable catch or total
level of
fishing effort, the Contracting Parties shall take into account,
inter alia, international principles such as those contained in the
1995 Agreement.

the scientific assessment of

the fishery
to conduct
fishing on the marine
resources and the impact of
environment,
the environmental
and oceanographic characteristics of the Area, and the
results of relevant scientific research;

taking into account

(ii)

to encourage and promote cooperation in scientific
research in order to improve knowledge of the state
of the fishery resources;

(iii) to provide scientific advice and recommendations to the
the
Meeting of
conservation and management measures referred to in
Article 6(1)(d);

the formulation of

the Parties for

(iv) to provide scientific advice and recommendations to the
Meeting of the Parties for the formulation of measures
regarding the monitoring of fishing activities;

In applying the provisions of paragraph 2, the Contracting

3.
Parties may, inter alia:

(v)

to provide scientific advice and recommendations to the
Meeting of the Parties on appropriate standards and
format for fishery data collection and exchange; and

(a) designate

annual quota

allocations or

fishing

effort

(vi) any other scientific function that the Meeting of the

limitations for Contracting Parties;

Parties may decide;

(b) allocate catch quantities

for exploration and scientific

research; and

(c) set aside fishing opportunities for non-Contracting Parties to

this Agreement, if necessary.

The Meeting of Parties shall, subject to agreed rules, review
4.
quota allocations and fishing effort limitations of Contracting
Parties and participation in fishing opportunities of non-
Contracting Parties taking into account,
inter alia, information
on the implementation by Contracting and non-Contracting
Parties of
conservation and management measures
adopted by the Meeting of the Parties.

the

Article 7

Subsidiary bodies

1.
The Meeting of the Parties shall establish a permanent
Scientific Committee, which shall meet, unless the Meeting of

(b) in developing advice and recommendations the Scientific
Committee shall take into consideration the work of the
South West Indian Ocean Fisheries Commission as well as
that of other relevant research organizations and regional
fisheries management organizations.

Once the measures referred to in Article 6 are taken, the
2.
Meeting of the Parties shall establish a Compliance Committee,
to verify the implementation of and compliance with such
measures.
in
conjunction with the Meeting of the Parties, as provided for
in the Rules of Procedure and shall report, advise and make
recommendations to the Meeting of the Parties.

The Compliance Committee

shall meet,

special or

The Meeting of

the Parties may also establish such
3.
as may be
temporary,
to study and report on matters pertaining to the
required,
implementation of
this Agreement, and
working groups to study, and submit recommendations on,
specific technical problems.

the objectives of

committees

standing

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Article 8

Decision making

(c) collect and exchange scientific, technical and statistical data
with respect to the fishery resources and ensure that:

1.
Unless otherwise provided in this Agreement, decisions of
the Meeting of the Parties and its subsidiary bodies on matters
of substance shall be taken by the consensus of the Contracting
Parties present, where consensus means the absence of any
formal objection made at the time a decision is taken. The
question of whether a matter is one of substance shall be
treated as a matter of substance.

(i) data is collected in sufficient detail to facilitate effective
stock assessment and are provided in a timely manner
to fulfil the requirements set forth in the rules adopted
by the Meeting of the Parties;

Decisions on matters other than those referred to in
the

2.
paragraph 1 shall be taken by a simple majority of
Contracting Parties present and voting.

(ii) appropriate measures are taken to verify the accuracy of

such data;

Decisions adopted by the Meeting of the Parties shall be

3.
binding on all Contracting Parties.

(iii) such statistical, biological and other data and infor-
mation as the Meeting of the Parties may decide is
provided annually; and

Article 9

Secretariat

The Meeting of the Parties shall decide on arrangements for the
carrying out of secretariat services, or the establishment of a
Secretariat, to perform the following functions:

(a)

and

coordinating

administrative
implementing
provisions of
including the compilation
and distribution of the official report of the Meeting of
the Parties;

this Agreement,

the

(b) maintaining a complete record of the proceedings of the
Meeting of the Parties and its subsidiary bodies, as well as
a
any other official documents
pertaining to the implementation of this Agreement; and

archive of

complete

(c) any other function that the Meeting of the Parties may

decide.

Article 10

Contracting party duties

Each Contracting Party shall,

1.
within the Area:

in respect of its activities

(a) promptly implement this Agreement and any conservation,
management and other measures or matters which may be
agreed by the Meeting of the Parties;

(b) take appropriate measures in order to ensure the effec-
tiveness of the measures adopted by the Meeting of the
Parties;

(iv) information on steps taken to implement the conser-
vation and management measures adopted by the
Meeting of the Parties is provided in a timely manner.

Each Contracting Party shall make available to the Meeting
2.
of the Parties a statement of
implementing and compliance
measures, including imposition of sanctions for any violations,
it has taken in accordance with this Article and, in the case of
coastal States that are Contracting Parties to this Agreement, as
regards the conservation and management measures they have
taken for straddling stocks occurring in waters under their
jurisdiction adjacent to the Area.

take measures, or cooperate,

3. Without prejudice to the primacy of the responsibility of
the flag State, each Contracting Party shall, to the greatest extent
possible,
its
nationals and fishing vessels owned or operated by its
nationals fishing in the Area comply with the provisions of
this Agreement and with the conservation and management
measures adopted by the Meeting of the Parties.

to ensure that

Each Contracting Party shall,

4.
to the greatest extent
possible, at the request of any other Contracting Party, and
investigate any
when provided with the relevant information,
alleged serious violation within the meaning of
the 1995
fishing vessels owned or
Agreement by its nationals, or
operated by its nationals, of the provisions of this Agreement
or any conservation and management measure adopted by the
Meeting of the Parties. A reply, including details of any action
taken or proposed to be taken in relation to the alleged
violation, shall be provided to all Contracting Parties as soon
as practicable and in any case within two (2) months of such
request. A report on the outcome of the investigation shall be
provided to the Meeting of the Parties when the investigation is
completed.

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Article 11

Flag state duties

appropriate maintaining confidentiality of data as it relates
to the application of relevant national legislation; and

Each Contracting Party shall take such measures as may be

1.
necessary to ensure that:

(a)

fishing vessels flying its flag operating in the Area comply
with the provisions of this Agreement and the conservation
and management measures adopted by the Meeting of the
Parties and that such vessels do not engage in any activity
which undermines the effectiveness of such measures;

(b) fishing vessels flying its flag do not conduct unauthorized
fishing within waters under national jurisdiction adjacent to
the Area; and

(e)

alleged serious

to the greatest extent possible, at the request of any other
Contracting Party, and when provided with the relevant
information,
violation
any
investigate
within the meaning of
the 1995 Agreement by fishing
vessels flying its flag of the provisions of this Agreement
or any conservation and management measure adopted by
the Meeting of the Parties. A reply, including details of any
action taken or proposed to be taken in relation to such
alleged violation, shall be provided to all Contracting Parties
as soon as practicable and in any case within two (2)
months of such request. A report on the outcome of the
investigation shall be provided to the Meeting of the Parties
when the investigation is completed.

(c)

it develops and implements a satellite vessel monitoring
system for fishing vessels flying its flag and fishing in the
Area.

Article 12

Port State duties

No Contracting Party shall allow any fishing vessel entitled
2.
to fly its flag to be used for fishing in the Area unless it has
been authorised to do so by the appropriate authority or autho-
rities of that Contracting Party.

3.

Each Contracting Party shall:

(a) authorize the use of vessels flying its flag for fishing in
waters beyond national
jurisdiction only where it is able
to exercise effectively its responsibilities in respect of such
vessels under this Agreement and in accordance with inter-
national law;

(b) maintain a record of fishing vessels entitled to fly its flag
and authorized to fish for the fishery resources, and ensure
that,
for all such vessels, such information as may be
specified by the Meeting of the Parties is entered in that
record. Contracting Parties shall exchange this information
in accordance with such procedures as may be agreed by
the Meeting of the Parties;

(c)

in conformity with the rules determined by the Meeting of
the Parties, make available to each annual Meeting of the
Parties a report on its fishing activities in the Area;

(d) collect and share in a timely manner, complete and accurate
data concerning fishing activities by vessels flying its flag
operating in the Area,
in particular on vessel position,
retained catch, discarded catch and fishing effort, where

1. Measures taken by a port State Contracting Party in
accordance with this Agreement shall take full account of the
in
right and the duty of a port State to take measures,
accordance with international law, to promote the effectiveness
of
and
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.

conservation

subregional,

regional

global

2.

Each port State Contracting Party shall:

(a)

in accordance with the conservation and management
measures adopted by the Meeting of the Parties, inter alia,
inspect documents, fishing gear and catch on board fishing
vessels, when such vessels are voluntarily in its ports or at
its offshore terminals;

(b) not permit landings, transshipment, or supply services in
relation to fishing vessels unless they are satisfied that fish
on board the vessel have been caught
in a manner
consistent with
and management
the
measures adopted by the Meeting of the Parties; and

conservation

(c) provide assistance to flag State Contracting Parties, as
reasonably practical and in accordance with its national
law and international law, when a fishing vessel is volun-
tarily in its ports or at its offshore terminals and the flag
to provide assistance in
State of
ensuring
this
Agreement and with the conservation and management
measures adopted by the Meeting of the Parties.

the vessel requests it
compliance with

provisions

the

of

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In the event that a port State Contracting Party considers
3.
that a vessel of another Contracting Party making use of its
ports or offshore terminals has violated a provision of this
conservation and management measure
Agreement or
it shall draw this to
adopted by the Meeting of the Parties,
the attention of the flag State concerned and of the Meeting
of the Parties. The port State Contracting Party shall provide the
flag State and the Meeting of the Parties with full documen-
tation of the matter, including any record of inspection.

a

Nothing in this article affects the exercise by Contracting
their sovereignty over ports in their territory in

4.
Parties of
accordance with international law.

Article 13

Special requirements of developing States

1.
The Contracting Parties shall give full recognition to the
special requirements of developing States bordering the Area, in
particular the least developed among them and small-island
conservation and
in relation to the
developing
management of
fishery resources and the sustainable devel-
opment of such resources.

States,

2.

The Contracting Parties recognize, in particular:

(a)

the vulnerability of developing States bordering the Area, in
particular the least developed among them and small-island
developing States, that are dependent on the exploitation of
fishery resources,
including for meeting the nutritional
requirements of their populations or parts thereof;

(b) the need to avoid adverse impacts on, and ensure access to
fisheries by, subsistence, small-scale and artisanal fishers and
fishworkers; and

(c)

the need to ensure that conservation and management
measures adopted by the Meeting of the Parties do not
result
in transferring, directly or indirectly, a dispropor-
tionate burden of conservation action on to developing
States bordering the Area, in particular the least developed
among them and small-island developing States.

Cooperation by

the Contracting Parties under

3.
the
provisions of this Agreement and through other subregional
involved in the management of
or
marine living resources should include action for the purposes
of:

regional organizations

(a) enhancing the ability of developing States bordering the
in particular the least developed among them and
Area,
small-island developing States,
to conserve and manage
fishery resources and to develop their own fisheries for
such resources; and

least

developed

(b) assisting developing States bordering the Area, in particular
small-island
among
the
developing States,
in
to enable
fisheries for such resources, including facilitating access in
accordance with this Agreement.

them and
them to participate

4.
Cooperation with developing States bordering the Area, in
particular the least developed among them and small-island
developing States,
in this article
should include the provision of financial assistance, assistance
relating to human resources development, technical assistance,
transfer of
and activities directed specifically
towards:

the purposes set out

technology,

for

(a)

improved conservation and management of
the fishery
resources and of straddling stocks occurring in waters
under national
to the Area, which
can include the collection, reporting, verification, exchange
and analysis of fisheries data and related information;

jurisdiction adjacent

(b) improved information collection and management of the
impact of fishing activities on the marine environment;

(c) stock assessment and scientific research;

(d) monitoring, control, surveillance, compliance and enfor-
the
including training and capacity-building at
cement,
local
level, development and funding of national and
regional observer programmes and access to technology;
and

(e) participation in the Meeting of the Parties and meetings of
its subsidiary bodies as well as in the settlement of disputes.

Article 14

Transparency

1.
The Contracting Parties shall promote transparency in
decision making processes and other activities carried out
under this Agreement.

Coastal States with waters under national

2.
jurisdiction
adjacent to the Area that are not Contracting Parties to this
Agreement shall be entitled to participate as observers in the
Meeting of the Parties and meetings of its subsidiary bodies.

Non-Contracting Parties

3.
entitled to participate as observers in the Meeting of
Parties and meetings of its subsidiary bodies.

to this Agreement

shall be
the

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Intergovernmental organizations concerned with matters
4.
relevant to the implementation of this Agreement, in particular
the Food and Agriculture Organization of the United Nations,
the South West
Indian Ocean Fisheries Commission, and
regional fisheries management organizations with competence
over high seas waters adjacent to the Area, shall be entitled to
participate as observers in the Meeting of
the Parties and
meetings of its subsidiary bodies.

related organizations in matters of mutual interest, in particular
with the South West Indian Ocean Fisheries Commission and
any other
fisheries management organization with
competence over high seas waters adjacent to the Area.

regional

Article 17

Non-Contracting Parties

Representatives

5.
from non-governmental organizations
concerned with matters relevant to the implementation of this
Agreement shall be afforded the opportunity to participate in
the Meeting of the Parties and meetings of its subsidiary bodies
as observers or otherwise as determined by the Meeting of the
Parties. The Rules of Procedure of the Meeting of the Parties and
its subsidiary bodies shall provide for such participation. The
procedures shall not be unduly restrictive in this respect.

1.
Contracting Parties shall take measures consistent with
this Agreement, the 1995 Agreement and international law to
deter the activities of vessels flying the flags of non-Contracting
Parties to this Agreement which undermine the effectiveness of
conservation and management measures
adopted by the
Meeting of the Parties or the attainment of the objectives of
this Agreement.

Observers shall be given timely access to pertinent infor-
6.
mation subject
including those
to the Rules of Procedure,
concerning confidentiality requirements, which the Meeting of
the Parties may adopt.

Contracting Parties shall exchange information on the
2.
activities of fishing vessels flying the flags of non-Contracting
Parties
to this Agreement which are engaged in fishing
operations in the Area.

Article 15

Fishing entities

1.
After the entry into force of this Agreement any fishing
entity whose vessels have fished or intend to fish for fishery
resources in the Area may, by a written instrument delivered to
in accordance
the Chairperson of the Meeting of the Parties,
with such procedures as may be established by the Meeting
of the Parties, express its firm commitment to be bound by
the terms of this Agreement. Such commitment shall become
the
effective thirty (30) days from the date of receipt of
instrument. Any such fishing entity may withdraw such
commitment by written notification addressed to the Chair-
person of
the Parties. Notice of withdrawal
shall become effective ninety (90) days from the date of its
receipt by the Chairperson of the Meeting of the Parties.

the Meeting of

A fishing entity which has expressed its commitment to
2.
be bound by the terms of this Agreement may participate in the
Meeting of the Parties and its subsidiary bodies, and partake in
decision making,
in accordance with the Rules of Procedure
adopted by the Meeting of the Parties. Articles 1 to 18 and
20.2 apply, mutatis mutandis, to such a fishing entity.

3.
Contracting Parties shall draw the attention of any non-
Contracting Party to this Agreement to any activity undertaken
by its nationals or vessels flying its flag which, in the opinion of
the Contracting Party, undermines the effectiveness of conser-
vation and management measures adopted by the Meeting of
this
the Parties or
Agreement.

the attainment of

the objectives of

Contracting Parties shall,

4.
individually or jointly, request
non-Contracting Parties to this Agreement whose vessels fish
in the Area to cooperate fully in the implementation of conser-
vation and management measures adopted by the Meeting of
the Parties with a view to ensuring that such measures are
applied to all fishing activities in the Area. Such cooperating
non-Contracting Parties to this Agreement shall enjoy benefits
from participation in the fishery commensurate with their
commitment to comply with, and their record of compliance
with, conservation and management measures in respect of the
relevant stocks of fishery resources.

Article 16

Cooperation with other organizations

The Contracting Parties, acting jointly under this Agreement,
fisheries and
shall cooperate closely with other international

Article 18

Good faith and abuse of right

Each Contracting Party shall fulfil in good faith the obligations
assumed under this Agreement and shall exercise the rights
recognized in this Agreement in a manner which would not
constitute an abuse of right.

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Article 19

Relation to other agreements

(a)

the States and regional economic integration organization
participating in the Intergovernmental Consultation on the
Southern Indian Ocean Fisheries Agreement; and

Nothing in this Agreement shall prejudice the rights and obli-
gations of States under the 1982 Convention or the 1995
Agreement.

Article 20

Interpretation and settlement of disputes

Contracting Parties shall use their best endeavours to
1.
resolve their disputes by amicable means. At the request of
any Contracting Party a dispute may be submitted for binding
decision in accordance with the procedures for the settlement of
disputes provided in Section II of Part XV of
the 1982
Convention or, where the dispute concerns one or more
straddling stocks, the procedures set out in Part VIII of the
1995 Agreement. The relevant part of the 1982 Convention
and the 1995 Agreement shall apply whether or not the parties
to the dispute are also parties to either of these instruments.

2.
If a dispute involves a fishing entity which has expressed
its commitment to be bound by the terms of this Agreement
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.

Article 21

Amendments

1.
Any Contracting Party may propose an amendment to the
Agreement by providing to the Depositary the text of a
proposed amendment at least sixty (60) days in advance of
the Parties. The Depositary shall
an ordinary Meeting of
circulate a copy of this text to all other Contracting Parties
promptly.

Amendments to the Agreement shall be adopted by

2.
consensus of all Contracting Parties.

(b) any other State having jurisdiction over waters adjacent to

the Area;

and shall remain open for signature for twelve (12) months
from the (date of opening for signature).

This Agreement is subject to ratification, acceptance or

2.
approval by the signatories.

The instruments of ratification, acceptance or approval

3.
shall be deposited with the Depositary.

Article 23

Accession

1.
This Agreement shall be open for accession, after its
closure for signature, by any State or regional economic inte-
gration organization referred to in article 22(1), and by any
regional economic integration organization
other State or
interested in fishing activities in relation to the fishery resources.

Instruments of accession shall be deposited with the

2.
Depositary.

Article 24

Entry into force

This Agreement shall enter into force ninety (90) days
1.
from the date of receipt by the Depositary of
the fourth
instrument of ratification, acceptance or approval, at least two
of which have been deposited by coastal States bordering the
Area.

3.
Amendments to the Agreement shall enter into force
ninety (90) days after all Contracting Parties which held this
the time the amendments were approved have
status at
deposited their
ratification, acceptance, or
instruments of
approval of such amendments with the Depositary.

2.
For each signatory which ratifies, accepts or approves this
Agreement after its entry into force, this Agreement shall enter
into force for that signatory thirty (30) days after the deposit of
its instrument of ratification, acceptance or approval.

Article 22

Signature ratification, acceptance and approval

1.

This Agreement shall be open for signature by:

3.
For each State or regional economic integration organi-
zation which accedes to this Agreement after its entry into
force, this Agreement shall enter into force for that State or
regional economic integration organization thirty (30) days after
the deposit of its instrument of accession.

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Article 25

The Depositary

Article 27

Termination

1.
The Director-General of the Food and Agriculture Orga-
nization of the United Nations shall be the Depositary of this
Agreement and of any amendments thereto. The Depositary
shall transmit certified copies of this Agreement to all signa-
tories and shall register this Agreement with the Secretary-
General of the United Nations pursuant to Article 102 of the
Charter of the United Nations.

inform all

this
signatories of
2.
The Depositary shall
Agreement of signatures and of
instruments of ratification,
accession, acceptance or approval deposited under Articles 22
and 23 and of the date of entry into force of the Agreement
under Article 24.

Article 26

Withdrawal

Any Contracting Party may withdraw from this Agreement at
any time after the expiration of two years from the date upon
which the Agreement entered into force with respect to that
Contracting Party, by giving written notice of such withdrawal
to the Depositary who shall
the
Contracting Parties of such withdrawal. Notice of withdrawal
shall become effective ninety (90) days from the date of its
receipt by the Depositary.

immediately inform all

This Agreement shall be automatically terminated if and when,
as the result of withdrawals, the number of Contracting Parties
drops below three.

Article 28

Reservations

Ratification, acceptance or approval of

this Agreement
1.
to reservations which shall become
may be made subject
effective only upon unanimous acceptance by all Contracting
Parties to this Agreement. The Depositary shall notify forthwith
all Contracting Parties of any reservation. Contracting Parties
not having replied within three (3) months from the date of
notification shall be deemed to have accepted the reservation.
Failing such acceptance, the State or regional economic inte-
gration organization making the reservation shall not become
a Contracting Party to this Agreement.

2.
Nothing in paragraph 1 shall prevent a State or a regional
economic integration organization on behalf of a State from
making a reservation with regard to membership acquired
areas over
through territories
which the State asserts its rights to exercise sovereignty or
territorial and maritime jurisdiction.

and surrounding maritime

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, having been duly authorized by their
respective Governments, have signed this Agreement.

DONE at … on this … day of …, … in English and French, both texts being equally authentic.