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13115 Multilateral - Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13115

 

FISHERIES

 

 

 


Convention Between the
UNITED STATES OF AMERICA
and OTHER GOVERNMENTS

 

Signed at Honolulu September 5, 2000

with

Annexes

 

 

 

 



 

 


NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”


 

 

 

 


MULTILATERAL

Fisheries

Convention signed at Honolulu September 5, 2000;
Transmitted by the President of the United States of America
to the Senate May 16, 2005 (Treaty Doc. 109-1,
109th Congress, 1st Session);
Reported favorably by the Senate Committee on Foreign Relations
October 25, 2005 (Senate Executive Report No. 109-8,
109th Congress, 1st Session);
Advice and consent to ratification by the Senate
November 18, 2005;
Ratified by the President May 15, 2007;
Instrument of Ratification deposited June 27, 2007;
Entered into force July 27, 2007.
With annexes.

CONVENTION ON THE CONSERVATION AND
MANAGEMENT OF HIGHLY MIGRATORY FISH STOCKS IN
THE WESTERN AND CENTRAL PACIFIC OCEAN
The Contracting Parties to this Convention,
Determined to ensure the long-term conservation and sustainable use, in particular
for human food consumption, of highly migratory fish stocks in the western and central
Pacific Ocean for present and future generations,
Recalling the relevant provisions of the United Nations Convention on the Law of
the Sea of 10 December 1982 and 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,
Recognizing that, under the 1982 Convention and the Agreement, coastal States
and States fishing in the region shall cooperate with a view to ensuring conservation and
promoting the objective of optimum utilization of highly migratory fish stocks
throughout their range,
Mindful that effective conservation and management measures require the
application of the precautionary approach and the best scientific information available,
Conscious of the need to avoid adverse impacts on the marine environment,
preserve biodiversity, maintain the integrity of marine ecosystems and minimize the risk
of long-term or irreversible effects of fishing operations,
Recognizing the ecological and geographical vulnerability of the small island
developing States, territories and possessions in the region, their economic and social
dependence on highly migratory fish stocks, and their need for specific assistance,
including financial, scientific and technological assistance, to allow them to participate
effectively in the conservation, management and sustainable use of the highly migratory
fish stocks,
Further recognizing that smaller island developing States have unique needs
which require special attention and consideration in the provision of financial, scientific
and technological assistance,
Acknowledging that compatible, effective and binding conservation and
management measures can be achieved only through cooperation between coastal States
and States fishing in the region,
Convinced that effective conservation and management of the highly migratory
fish stocks of the western and central Pacific Ocean in their entirety may best be achieved
through the establishment of a regional Commission,
Have agreed as follows:
1
PART I
GENERAL PROVISIONS
Article 1
Use of terms
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) "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;
(c) "Commission" means the Commission for the Conservation and
Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean
established in accordance with this Convention;
(d) "fishing" means:
(i) searching for, catching, taking or harvesting fish;
(ii) attempting to search for, catch, take or harvest fish;
(iii) engaging in any other activity which can reasonably be expected to
result in the locating, catching, taking or harvesting of fish for any
purpose;
(iv) placing, searching for or recovering fish aggregating devices or
associated electronic equipment such as radio beacons;
(v) any operations at sea directly in support of, or in preparation for, any
activity described in subparagraphs (i) to (iv), including transhipment;
(vi) use of any other vessel, vehicle, aircraft or hovercraft, for any activity
described in subparagraphs (i) to (v) except for emergencies involving
the health and safety of the crew or the safety of a vessel;
(e) "fishing vessel" means any vessel used or intended for use for the purpose
of fishing, including support ships, carrier vessels and any other vessel directly involved
in such fishing operations;
(f) "highly migratory fish stocks" means all fish stocks of the species listed in
Annex 1 of the 1982 Convention occurring in the Convention Area, and such other
species of fish as the Commission may determine;
(g) "regional economic integration organization" means a regional economic
integration organization to which its member States have transferred competence over
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matters covered by this Convention, including the authority to make decisions binding on
its member States in respect of those matters;
(h) "transhipment" means the unloading of all or any of the fish on board a
fishing vessel to another fishing vessel either at sea or in port.
Article 2
Objective
The objective of this Convention is to ensure, through effective management, the
long-term conservation and sustainable use of highly migratory fish stocks in the western
and central Pacific Ocean in accordance with the 1982 Convention and the Agreement.
Article 3
Area of application
1. Subject to article 4, the area of competence of the Commission
(hereinafter referred to as "the Convention Area") comprises all waters of the Pacific
Ocean bounded to the south and to the east by the following line:
From the south coast of Australia due south along the 141° meridian of east
longitude to its intersection with the 55° parallel of south latitude; thence due east
along the 55° parallel of south latitude to its intersection with the 150° meridian
of east longitude; thence due south along the 150° meridian of east longitude to its
intersection with the 60° parallel of south latitude; thence due east along the 60°
parallel of south latitude to its intersection with the 130° meridian of west
longitude; thence due north along the 130° meridian of west longitude to its
intersection with the 4° parallel of south latitude; thence due west along the 4°
parallel of south latitude to its intersection with the 150° meridian of west
longitude; thence due north along the 150° meridian of west longitude.
2. Nothing in this Convention shall constitute recognition of the claims or
positions of any of the members of the Commission concerning the legal status and extent
of waters and zones claimed by any such members.
3. This Convention applies to all stocks of highly migratory fish within the
Convention Area except sauries. Conservation and management measures under this
Convention shall be applied throughout the range of the stocks, or to specific areas within
the Convention Area, as determined by the Commission.
Article 4
Relationship between this Convention and the 1982 Convention
Nothing in this Convention shall prejudice the rights, jurisdiction and duties of
States under the 1982 Convention and the Agreement. This Convention shall be
interpreted and applied in the context of and in a manner consistent with the 1982
Convention and the Agreement.
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PART II
CONSERVATION AND MANAGEMENT OF HIGHLY MIGRATORY FISH
STOCKS
Article 5
Principles and measures for conservation and management
In order to conserve and manage highly migratory fish stocks in the Convention
Area in their entirety, the members of the Commission shall, in giving effect to their duty
to cooperate in accordance with the 1982 Convention, the Agreement and this
Convention:
(a) adopt measures to ensure long-term sustainability of highly migratory fish
stocks in the Convention Area and promote the objective of their optimum utilization;
(b) ensure that such measures are based on the best scientific evidence
available and are designed to maintain or restore stocks at levels capable of producing
maximum sustainable yield, as qualified by relevant environmental and economic factors,
including the special requirements of developing States in the Convention Area,
particularly small island developing States, and taking into account fishing patterns, the
interdependence of stocks and any generally recommended international minimum
standards, whether subregional, regional or global;
(c) apply the precautionary approach in accordance with this Convention and
all relevant internationally agreed standards and recommended practices and procedures;
(d) assess the impacts of fishing, other human activities and environmental
factors on target stocks, non-target species, and species belonging to the same ecosystem
or dependent upon or associated with the target stocks;
(e) adopt measures to minimize waste, discards, catch by lost or abandoned
gear, pollution originating from fishing vessels, catch of non-target species, both fish and
non-fish species, (hereinafter referred to as non-target species) and impacts on associated
or dependent species, in particular endangered species and promote the development and
use of selective, environmentally safe and cost-effective fishing gear and techniques;
(f) protect biodiversity in the marine environment;
(g) take measures to prevent or eliminate over-fishing and excess fishing
capacity and to ensure that levels of fishing effort do not exceed those commensurate
with the sustainable use of fishery resources;
(h) take into account the interests of artisanal and subsistence fishers;
(i) collect and share, in a timely manner, complete and accurate data
concerning fishing activities on, inter alia, vessel position, catch of target and non-target
species and fishing effort, as well as information from national and international research
programmes; and
(j) implement and enforce conservation and management measures through
effective monitoring, control and surveillance.
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Article 6
Application of the precautionary approach
1. In applying the precautionary approach, the members of the Commission
shall:
(a) apply the guidelines set out in Annex 11 of the Agreement, which shall
form an integral part of this Convention, and determine, on the basis of the best scientific
information available, stock-specific reference points and the action to be taken if they
are exceeded;
(b) take into account, in uncertainties uncertainties relating to the size and
productivity of the stocks, reference points, stock condition in relation to such reference
points, levels and distributions of fishing mortality and the impact of fishing activities on
non-target and associated or dependent species, as well as existing and predicted oceanic,
environmental and socio-economic conditions; and
(c) develop data collection and research programmes to assess the impact of
fishing on non-target and associated or dependent species and their environment, and
adopt plans where necessary to ensure the conservation of such species and to protect
habitats of special concern.
2. Members of the Commission shall be more cautious when information is
uncertain, unreliable or inadequate. The absence of adequate scientific information shall
not be used as a reason for postponing or failing to take conservation and management
measures.
3. Members of the Commission shall take measures to ensure that, when
reference points are approached, they will not be exceeded. In the event they are
exceeded, members of the Commission shall, without delay, take the action determined
under paragraph 1(a) to restore the stocks.
4. Where the status of target stocks or non-target or associated or dependent
species is of concern, members of the Commission shall subject such stocks and species
to enhanced monitoring in order to review their status and the efficacy of conservation
and management measures. They shall revise those measures regularly in the light of
new information.
5. For new or exploratory fisheries, members of the Commission shall adopt
as soon as possible cautious conservation and management measures, including, inter
alia, catch limits and effort limits. Such measures shall remain in force until there are
sufficient data to allow assessment of the impact of the fisheries on the long-term
sustainability of the stocks, whereupon conservation and management measures based on
that assessment shall be implemented. The latter measures shall, if appropriate, allow for
the gradual development of the fisheries.
6. If a natural phenomenon has a significant adverse impact on the status of
highly migratory fish stocks, members of the Commission shall adopt conservation and
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management measures on an emergency basis to ensure that fishing activity does not
exacerbate such adverse impacts. Members of the Commission shall also adopt such
measures on an emergency basis where fishing activity presents a serious threat to the
sustainability of such stocks. Measures taken on an emergency basis shall be temporary
and shall be based on the best scientific information available.
Article 7
Implementation of principles in areas under national jurisdiction
1. The principles and measures for conservation and management
enumerated in article 5 shall be applied by coastal States within areas under national
jurisdiction in the Convention Area in the exercise of their sovereign rights for the
purpose of exploring and exploiting, conserving and managing highly migratory fish
stocks.
2. The members of the Commission shall give due consideration to the
respective capacities of developing coastal States, in particular small island developing
States, in the Convention Area to apply the provisions of articles 5 and 6 within areas
under national jurisdiction and their need for assistance as provided for in this
Convention.
Article 8
Compatibility of conservation and management measures
1. 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 highly migratory fish stocks in their entirety. To this
end, the members of the Commission have a duty to cooperate for the purpose of
achieving compatible measures in respect of such stocks.
2. In establishing compatible conservation and management measures for
highly migratory fish stocks in the Convention Area, the Commission shall:
(a) take into account the biological unity and other biological characteristics
of the stocks and the relationships between the distribution of the stocks, the fisheries and
the geographical particularities of the region concerned, including the extent to which the
stocks occur and are fished in areas under national jurisdiction;
(b) take into account:
(i) the conservation and management measures adopted and applied in
accordance with article 61 of the 1982 Convention in respect of the
same stocks by coastal States within areas under national jurisdiction
and ensure that measures established in respect of such stocks for the
Convention Area as a whole do not undermine the effectiveness of
such measures;
(ii) previously agreed measures established and applied in respect of the
same stocks for the high seas which form part of the Convention Area
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by relevant coastal States and States fishing on the high seas in
accordance with the 1982 Convention and the Agreement;
(c) take into account previously agreed measures established and applied in
accordance with the 1982 Convention and the Agreement in respect of the same stocks by
a subregional or regional fisheries management organization or arrangement;
(d) take into account the respective dependence of the coastal States and the
States fishing on the high seas on the stocks concerned; and
(e) ensure that such measures do not result in harmful impact on the living
marine resources as a whole.
3. The coastal State shall ensure that the measures adopted and applied by it
to highly migratory fish stocks within areas under its national jurisdiction do not
undermine the effectiveness of measures adopted by the Commission under this
Convention in respect of the same stocks.
4. Where there are areas of high seas in the Convention Area entirely
surrounded by the exclusive economic zones of members of the Commission, the
Commission shall, in giving effect to this article, pay special attention to ensuring
compatibility between conservation and management measures established for such high
seas areas and those established in respect of the same stocks in accordance with article
61 of the 1982 Convention by the surrounding coastal States in areas under national
jurisdiction.
PART III
COMMISSION FOR THE CONSERVATION AND MANAGEMENT OF
HIGHLY MIGRATORY FISH STOCKS IN THE WESTERN AND CENTRAL
PACIFIC OCEAN
SECTION 1. GENERAL PROVISIONS
Article 9
Establishment of the Commission
1. There is hereby established the Commission for the Conservation and
Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean,
which shall function in accordance with the provisions of this Convention.
2. A fishing entity referred to in the Agreement, which has agreed to be
bound by the regime established by this Convention in accordance with the provisions of
Annex I, may participate in the work, including decision-making, of the Commission in
accordance with the provisions of this article and Annex I.
3. The Commission shall hold an annual meeting. The Commission shall
hold such other meetings as may be necessary to carry out its functions under this
Convention.
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4. The Commission shall elect a chairman and a vice-chairman from among
the Contracting Parties, who shall be of different nationalities. They shall be elected for a
period of two years and shall be eligible for re-election. The chairman and vice-chairman
shall remain in office until the election of their successors.
5. The principle of cost-effectiveness shall apply to the frequency, duration
and scheduling of meetings of the Commission and its subsidiary bodies. The
Commission may, where appropriate, enter into contractual arrangements with relevant
institutions to provide expert services necessary for the efficient functioning of the
Commission and to enable it to carry out effectively its responsibilities under this
Convention.
6. The Commission shall have international legal personality and such legal
capacity as may be necessary to perform its functions and achieve its objectives. The
privileges and immunities which the Commission and its officers shall enjoy in the
territory of a Contracting Party shall be determined by agreement between the
Commission and the member concerned.
7. The Contracting Parties shall determine the location of the headquarters of
the Commission and shall appoint its Executive Director.
8. The Commission shall adopt, and amend as required, by consensus, rules
of procedure for the conduct of its meetings, including meetings of its subsidiary bodies,
and for the efficient exercise of its functions.
Article 10
Functions of the Commission
1. Without prejudice to the sovereign rights of coastal States for the purpose
of exploring and exploiting, conserving and managing highly migratory fish stocks within
areas under national jurisdiction, the functions of the Commission shall be to:
(a) determine the total allowable catch or total level of fishing effort within
the Convention Area for such highly migratory fish stocks as the Commission may
decide and adopt such other conservation and management measures and
recommendations as may be necessary to ensure the long-term sustainability of such
stocks;
(b) promote cooperation and coordination between members of the
Commission to ensure that conservation and management measures for highly migratory
fish stocks in areas under national jurisdiction and measures for the same stocks on the
high seas are compatible;
(c) adopt, where necessary, conservation and management measures and
recommendations for non-target species and species dependent on or associated with the
target stocks, with a view to maintaining or restoring populations of such species above
levels at which their reproduction may become seriously threatened;
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(d) adopt standards for collection, verification and for the timely exchange
and reporting of data on fisheries for highly migratory fish stocks in the Convention Area
in accordance with Annex I of the Agreement, which shall form an integral part of this
Convention;
(e) compile and disseminate accurate and complete statistical data to ensure
that the best scientific information is available, while maintaining confidentiality, where
appropriate;
(f) obtain and evaluate scientific advice, review the status of stocks, promote
the conduct of relevant scientific research and disseminate the results thereof;
(g) develop, where necessary, criteria for the allocation of the total allowable
catch or the total level of fishing effort for highly migratory fish stocks in the Convention
Area;
(h) adopt generally recommended international minimum standards for the
responsible conduct of fishing operations;
(i) establish appropriate cooperative mechanisms for effective monitoring,
control, surveillance and enforcement, including a vessel monitoring system;
(j) obtain and evaluate economic and other fisheries-related data and
information relevant to the work of the Commission;
(k) agree on means by which the fishing interests of any new member of the
Commission may be accommodated;
(l) adopt its rules of procedure and financial regulations and such other
internal administrative regulations as may be necessary to carry out its functions;
(m) consider and approve the proposed budget of the Commission;
(n) promote the peaceful settlement of disputes; and
(o) discuss any question or matter within the competence of the Commission
and adopt any measures or recommendations necessary for achieving the objective of this
Convention.
2. In giving effect to paragraph 1, the Commission may adopt measures
relating to, inter alia:
(a) the quantity of any species or stocks which may be caught;
(b) the level of fishing effort;
(c) limitations of fishing capacity, including measures relating to fishing
vessel numbers, types and sizes;
(d) the areas and periods in which fishing may occur,
(e) the size of fish of any species which may be taken;
(f) the fishing gear and technology which may be used; and
(g) particular subregions or regions.
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3. In developing criteria for allocation of the total allowable catch or the total
level of fishing effort the Commission shall take into account, inter alia:
(a) the status of the stocks and the existing level of fishing effort in the
fishery;
(b) the respective interests, past and present fishing patterns and fishing
practices of participants in the fishery and the extent of the catch being utilized for
domestic consumption;
(c) the historic catch in an area;
(d) the needs of small island developing States, and territories and
possessions, in the Convention Area whose economies, food supplies and livelihoods are
overwhelmingly dependent on the exploitation of marine living resources;
(e) the respective contributions of participants to conservation and
management of the stocks, including the provision by them of accurate data and their
contribution to the conduct of scientific research in the Convention Area;
(f) the record of compliance by the participants with conservation and
management measures;
(g) the needs of coastal communities which are dependent mainly on fishing
for the stocks;
(h) the special circumstances of a State which is surrounded by the exclusive
economic zones of other States and has a limited exclusive economic zone of its own;
(i) the geographical situation of a small island developing State which is
made up of non-contiguous groups of islands having a distinct economic and cultural
identity of their own but which are separated by areas of high seas;
(j) the fishing interests and aspirations of coastal States, particularly small
island developing States, and territories and possessions, in whose areas of national
jurisdiction the stocks also occur.
4. The Commission may adopt decisions relating to the allocation of the total
allowable catch or the total level of fishing effort. Such decisions, including decisions
relating to the exclusion of vessel types, shall be taken by consensus.
5. The Commission shall take into account the reports and any
recommendations of the Scientific Committee and the Technical and Compliance
Committee on matters within their respective areas of competence.
6. The Commission shall promptly notify all members of the measures and
recommendations decided upon by the Commission and shall give due publicity to the
conservation and management measures adopted by it.
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Article 11
Subsidiary bodies of the Commission
1. There are hereby established as subsidiary bodies to the Commission a
Scientific Committee and a Technical and Compliance Committee to provide advice and
recommendations to the Commission on matters within their respective areas of
competence.
2. Each member of the Commission shall be entitled to appoint one
representative to each Committee who may be accompanied by other experts and
advisers. Such representatives shall have appropriate qualifications or relevant
experience in the area of competence of the Committee.
3. Each Committee shall meet as often as is required for the efficient exercise
of its functions, provided that each Committee shall, in any event, meet prior to the
annual meeting of the Commission and shall report to the annual meeting the results of its
deliberations.
4. Each Committee shall make every effort to adopt its reports by consensus.
If every effort to achieve consensus has failed, the report shall indicate the majority and
minority views and may include the differing views of the representatives of the members
on all or any part of the report.
5. In the exercise of their functions, each Committee may, where appropriate,
consult any other fisheries management, technical or scientific organization with
competence in the subject matter of such consultation and may seek expert advice as
required on an ad hoc basis.
6. The Commission may establish such other subsidiary bodies as it deems
necessary for the exercise of its functions, including working groups for the purpose of
examining technical issues relating to particular species or stocks and reporting thereon to
the Commission.
7. The Commission shall establish a committee to make recommendations on
the implementation of such conservation and management measures as may be adopted
by the Commission for the area north of the 20° parallel of north latitude and on the
formulation of such measures in respect of stocks which occur mostly in this area. The
committee shall include the members situated in such area and those fishing in the area.
Any member of the Commission not represented on the committee may send a
representative to participate in the deliberations of the committee as an observer. Any
extraordinary cost incurred for the work of the committee shall be borne by the members
of the committee. The committee shall adopt recommendations to the Commission by
consensus. In adopting measures in relation to particular stocks and species in such area,
the decision of the Commission shall be based on any recommendations of the
committee. Such recommendations shall be consistent with the general policies and
measures adopted by the Commission in respect of the stocks or species in question and
with the principles and measures for conservation and management set out in this
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Convention. If the Commission, in accordance with the rules of procedure for decision-
making on matters of substance, does not accept the recommendation of the committee
on any matter, it shall return the matter to the committee for further consideration. The
committee shall reconsider the matter in the light of the views expressed by the
Commission.
SECTION 2. SCIENTIFIC INFORMATION AND ADVICE
Article 12
Functions of the Scientific Committee
1. The Scientific Committee is established to ensure that the Commission
obtains for its consideration the best scientific information available.
2. The functions of the Committee shall be to:
(a) recommend to the Commission a research plan, including specific issues
and items to be addressed by the scientific experts or by other organizations or
individuals, as appropriate, and identify data needs and coordinate activities that meet
those needs;
(b) review the assessments, analyses, other work and recommendations
prepared for the Commission by the scientific experts prior to consideration of such
recommendations by the Commission and provide information, advice and comments
thereon, as necessary;
(c) encourage and promote cooperation in scientific research, taking into
account the provisions of article 246 of the 1982 Convention, in order to improve
information on highly migratory fish stocks, non-target species, and species belonging to
the same ecosystem or associated with or dependent upon such stocks in the Convention
Area;
(d) review the results of research and analyses of target stocks or non-target or
associated or dependent species in the Convention Area;
(e) report to the Commission its findings or conclusions on the status of target
stocks or non-target or associated or dependent species in the Convention Area;
(f) in consultation with the Technical and Compliance Committee,
recommend to the Commission the priorities and objectives of the regional observer
programme and assess the results of that programme;
(g) make reports and recommendations to the Commission as directed, or on
its own initiative, on matters concerning the conservation and management of and
research on target stocks or non-target or associated or dependent species in the
Convention Area; and
(h) perform such other functions and tasks as may be requested by or assigned
to it by the Commission.
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3. The Committee shall exercise its functions in accordance with such
guidelines and directives as the Commission may adopt.
4. The representatives of the Oceanic Fisheries Programme of the Pacific
Community and the Inter-American Tropical Tuna Commission, or their successor
organizations, shall be invited to participate in the work of the Committee. The
Committee may also invite other organizations or individuals with scientific expertise in
matters related to the work of the Commission to participate in its meetings.
Article 13
Scientific services
1. The Commission, taking into account any recommendation of the
Scientific Committee, may engage the services of scientific experts to provide
information and advice on the fishery resources covered by this Convention and related
matters that may be relevant to the conservation and management of those resources.
The Commission may enter into administrative and financial arrangements to utilize
scientific services for this purpose. In this regard, and in order to carry out its functions
in a cost-effective manner, the Commission shall, to the greatest extent possible, utilize
the services of existing regional organizations and shall consult, as appropriate, with any
other fisheries management, technical or scientific organization with expertise in matters
related to the work of the Commission.
2. The scientific experts may, as directed by the Commission:
(a) conduct scientific research and analyses in support of the work of the
Commission;
(b) develop and recommend to the Commission and the Scientific Committee
stock-specific reference points for the species of principal interest to the Commission;
(c) assess the status of stocks against the reference points established by the
Commission;
(d) provide the Commission and the Scientific Committee with reports on the
results of their scientific work, advice and recommendations in support of the formulation
of conservation and management measures and other relevant matters; and
(e) perform such other functions and tasks as may be required.
3. In carrying out their work, the scientific experts may:
(a) undertake the collection, compilation and dissemination of fisheries data
according to agreed principles and procedures established by the Commission, including
procedures and policies relating to the confidentiality, disclosure and publication of data;
(b) conduct assessments of highly migratory fish stocks, non-target species,
and species belonging to the same ecosystem or associated with or dependent upon such
stocks, within the Convention Area;
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(c) assess the impacts of fishing, other human activities and environmental
factors on target stocks and species belonging to the same ecosystem or dependent upon
or associated with the target stocks;
(d) assess the potential effects of proposed changes in the methods or levels of
fishing and of proposed conservation and management measures; and
(e) investigate such other scientific matters as may be referred to them by the
Commission.
4. The Commission may make appropriate arrangements for periodic peer
review of scientific information and advice provided to the Commission by the scientific
experts.
5. The reports and recommendations of the scientific experts shall be
provided to the Scientific Committee and to the Commission.
SECTION 3. THE TECHNICAL AND COMPLIANCE COMMITTEE
Article 14
Functions of the Technical and Compliance Committee
1. The functions of the Technical and Compliance Committee shall be to:
(a) provide the Commission with information, technical advice and
recommendations relating to the implementation of, and compliance with, conservation
and management measures;
(b) monitor and review compliance with conservation and management
measures adopted by the Commission and make such recommendations to the
Commission as may be necessary; and
(c) review the implementation of cooperative measures for monitoring,
control, surveillance and enforcement adopted by the Commission and make such
recommendations to the Commission as may be necessary.
2. In carrying out its functions, the Committee shall:
(a) provide a forum for exchange of information concerning the means by
which they are applying the conservation and management measures adopted by the
Commission on the high seas and complementary measures in waters under national
jurisdiction;
(b) receive reports from each member of the Commission relating to measures
taken to monitor, investigate and penalize violations of provisions of this Convention and
measures adopted pursuant thereto;
(c) in consultation with the Scientific Committee, recommend to the
Commission the priorities and objectives of the regional observer programme, when
established, and assess the results of that programme;
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(d) consider and investigate such other matters as may be referred to it by the
Commission, including developing and reviewing measures to provide for the
verification and validation of fisheries data;
(e) make recommendations to the Commission on technical matters such as
fishing vessel and gear markings;
(f) in consultation with the Scientific Committee, make recommendations to
the Commission on the fishing gear and technology which may be used;
(g) report to the Commission its findings or conclusions on the extent of
compliance with conservation and management measures; and
(h) make recommendations to the Commission on matters relating to
monitoring, control, surveillance and enforcement.
3. The Committee may establish, with the approval of the Commission, such
subsidiary bodies as may be necessary for the performance of its functions.
4. The Committee shall exercise its functions in accordance with such
guidelines and directives as the Commission may adopt.
SECTION 4. THE SECRETARIAT
Article 15
The Secretariat
1. The Commission may establish a permanent Secretariat consisting of an
Executive Director and such other staff as the Commission may require.
2. The Executive Director shall be appointed for a term of four years and
may be re-appointed for a further term of four years.
3. The Executive Director shall be the chief administrative officer of the
Commission, and shall act in that capacity in all the meetings of the Commission and of
any subsidiary body, and shall perform such other administrative functions as are
entrusted to the Executive Director by the Commission.
4. The Secretariat functions shall include the following:
(a) receiving and transmitting the Commission's official communications;
(b) facilitating the compilation and dissemination of data necessary to
accomplish the objective of this Convention;
(c) preparing administrative and other reports for the Commission and the
Scientific and Technical and Compliance Committees;
(d) administering agreed arrangements for monitoring, control and
surveillance and the provision of scientific advice;
(e) publishing the decisions of and promoting the activities of the
Commission and its subsidiary bodies; and
(f) treasury, personnel and other administrative functions.
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5. In order to minimize costs to the members of the Commission, 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.
Article 16
The staff of the Commission
1. The staff of the Commission shall consist of such qualified scientific and
technical and other personnel as may be required to fulfil the functions of the
Commission. The staff shall be appointed by the Executive Director.
2. The paramount consideration in the recruitment and employment of the
staff shall be the necessity of securing the highest standards of efficiency, competence
and integrity. Subject to this consideration, due regard shall be paid to the importance of
recruiting the staff on an equitable basis between the members of the Commission with a
view to ensuring a broad-based Secretariat.
SECTION 5. FINANCIAL ARRANGEMENTS OF THE COMMISSION
Article 17
Funds of the Commission
1. The funds of the Commission shall include:
(a) assessed contributions in accordance with article 18, paragraph 2;
(b) voluntary contributions;
(c) the fund referred to in article 30, paragraph 3; and
(d) any other funds which the Commission may receive.
2. The Commission shall adopt, and amend as required, by consensus,
financial regulations for the administration of the Commission and for the exercise of its
functions.
Article 18
Budget of the Commission
1. The Executive Director shall draft the proposed budget of the Commission
and submit it to the Commission. The proposed budget shall indicate which of the
administrative expenses of the Commission are to be financed from the assessed
contributions referred to in article 17, paragraph 1 (a), and which such expenses are to be
financed from funds received pursuant to article 17, paragraphs 1 (b), (c) and (d). The
Commission shall adopt the budget by consensus. If the Commission is unable to adopt a
decision on the 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 following
year until such time as a new budget can be adopted by consensus.
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2. The amount of the contribution to the budget shall be determined in
accordance with a scheme which the Commission shall adopt, and amend as required, by
consensus. In adopting the scheme, due consideration shall be given to each member
being assessed an equal basic fee, a fee based upon national wealth, reflecting the state of
development of the member concerned and its ability to pay, and a variable fee. The
variable fee shall be based, inter alia, on the total catch taken within exclusive economic
zones and in areas beyond national jurisdiction in the Convention Area of such species as
may be specified by the Commission, provided that a discount factor shall be applied to
the catch taken in the exclusive economic zone of a member of the Commission which is
a developing State or territory by vessels flying the flag of that member. The scheme
adopted by the Commission shall be set out in the financial regulations of the
Commission.
3. If a contributor is in arrears in the payment of its financial contributions to
the Commission it shall not participate in the taking of decisions by the Commission if
the amount of its arrears equals or exceeds the amount of the contributions due from it for
the preceding two full years. Interest shall be payable on such unpaid contributions at
such rate as may be determined by the Commission in its financial regulations. The
Commission may, nevertheless, waive such interest payments and permit such a member
to vote if it is satisfied that the failure to pay is due to conditions beyond the control of
the member.
Article 19
Annual audit
The records, books and accounts of the Commission, including its annual
financial statement, shall be audited annually by an independent auditor appointed by the
Commission.
SECTION 6. DECISION-MAKING
Article 20
Decision-making
1. As a general rule, decision-making in the Commission shall be by
consensus. For the purposes of this article, "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
made by consensus, if all efforts to reach a decision by consensus have been exhausted,
decisions by voting on questions of procedure shall be taken by a majority of those
present and voting. Decisions on questions of substance shall be taken by a three-fourths
majority of those present and voting provided that such majority includes a three-fourths
majority of the members of the South Pacific Forum Fisheries Agency present and voting
and a three-fourths majority of non-members of the South Pacific Forum Fisheries
Agency present and voting and provided further that in no circumstances shall a proposal
be defeated by two or fewer votes in either chamber. When the issue arises as to whether
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a question is one of substance or not, that question shall be treated as one of substance
unless otherwise decided by the Commission by consensus or by the majority required
for decisions on questions of substance.
3. If it appears to the Chairman that all efforts to reach a decision by
consensus have been exhausted, the Chairman shall fix a time during that session of the
Commission for taking the decision by a vote. At the request of any representative, the
Commission may, by a majority of those present and voting, defer the taking of a
decision until such time during the same session as the Commission may decide. At that
time, the Commission shall take a vote on the deferred question. This rule may be
applied only once to any question.
4. Where this Convention expressly provides that a decision on a proposal
shall be taken by consensus and the Chairman determines that there would be an
objection to such proposal, the Commission may appoint a conciliator for the purpose of
reconciling the differences in order to achieve consensus on the matter.
5. Subject to paragraphs 6 and 7, a decision adopted by the Commission shall
become binding 60 days after the date of its adoption.
6. A member which has voted against a decision or which was absent during
the meeting at which the decision was made may, within 30 days of the adoption of the
decision by the Commission, seek a review of the decision by a review panel constituted
in accordance with the procedures set out in Annex II to this Convention on the grounds
that:
(a) the decision is inconsistent with the provisions of this Convention, the
Agreement or the 1982 Convention; or
(b) the decision unjustifiably discriminates in form or in fact against the
member concerned.
7. Pending the findings and recommendations of the review panel and any
action required by the Commission, no member of the Commission shall be required to
give effect to the decision in question.
8. If the review panel finds that the decision of the Commission need not be
modified, amended or revoked, the decision shall become binding 30 days from the date
of communication by the Executive Director of the findings and recommendations of the
review panel.
9. If the review panel recommends to the Commission that the decision be
modified, amended or revoked, the Commission shall, at its next annual meeting, modify
or amend its decision in order to conform with the findings and recommendations of the
review panel or it may decide to revoke the decision, provided that, if so requested in
writing by a majority of the members, a special meeting of the Commission shall be
convened within 60 days of the date of communication of the findings and
recommendations of the review panel.
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SECTION 7. TRANSPARENCY AND COOPERATION WITH OTHER
ORGANIZATIONS
Article 21
Transparency
The Commission shall promote transparency in its decision-making processes and
other activities. Representatives from intergovernmental organizations and non-
governmental organizations concerned with matters relevant to the implementation of this
Convention shall be afforded the opportunity to participate in the meetings of the
Commission and its subsidiary bodies as observers or otherwise as appropriate. The rules
of procedure of the Commission shall provide for such participation. The procedures
shall not be unduly restrictive in this respect. Such intergovernmental organizations and
non-governmental organizations shall be given timely access to pertinent information
subject to the rules and procedures which the Commission may adopt.
Article 22
Cooperation with other organizations
1. The Commission shall cooperate, as appropriate, with the Food and
Agriculture Organization of the United Nations and with other specialized agencies and
bodies of the United Nations on matters of mutual interest
2. The Commission shall make suitable arrangements for consultation,
cooperation and collaboration with other relevant intergovernmental organizations,
particularly those which have related objectives and which can contribute to the
attainment of the objective of this Convention, such as the Commission for the
Conservation of Antarctic Marine Living Resources, the Commission for the
Conservation of Southern Bluefin Tuna, the Indian Ocean Tuna Commission and the
Inter-American Tropical Tuna Commission.
3. Where the Convention Area overlaps with an area under regulation by
another fisheries management organization, the Commission shall cooperate with such
other organization in order to avoid the duplication of measures in respect of species in
that area which are regulated by both organizations.
4. The Commission shall cooperate with the Inter-American Tropical Tuna
Commission to ensure that the objective set out in article 2 of this Convention is reached.
To that end, the Commission shall initiate consultation with the Inter-American Tropical
Tuna Commission with a view to reaching agreement on a consistent set of conservation
and management measures, including measures relating to monitoring, control and
surveillance, for fish stocks that occur in the Convention Areas of both organizations.
5. The Commission may enter into relationship agreements with the
organizations referred to in this article and with other organizations as may be
appropriate, such as the Pacific Community and the South Pacific Forum Fisheries
Agency, with a view to obtaining the best available scientific and other fisheries-related
- 19 -
information to further the attainment of the objective of this Convention and to minimize
duplication with respect to their work.
6. Any organization with which the Commission has entered into an
arrangement or agreement under paragraphs 1, 2 and 5 may designate representatives to
attend meetings of the Commission as observers in accordance with the rules of
procedure of the Commission. Procedures shall be established for obtaining the views of
such organizations in appropriate cases.
PART IV
OBLIGATIONS OF MEMBERS OF THE COMMISSION
Article 23
Obligations of members of the Commission
1. Each member of the Commission shall promptly implement the provisions
of this Convention and any conservation, management and other measures or matters
which may be agreed pursuant to this Convention from time to time and shall cooperate
in furthering the objective of this Convention.
2. Each member of the Commission shall:
(a) provide annually to the Commission statistical, biological and other data
and information in accordance with Annex I of the Agreement and, in addition, such data
and information as the Commission may require;
(b) provide to the Commission in the manner and at such intervals as may be
required by the Commission, information concerning its fishing activities in the
Convention Area, including fishing areas and fishing vessels in order to facilitate the
compilation of reliable catch and effort statistics; and
(c) provide to the Commission at such intervals as may be required
information on steps taken to implement the conservation and management measures
adopted by the Commission.
3. The members of the Commission shall keep the Commission informed of
the measures they have adopted for the conservation and management of highly
migratory fish stocks in areas within the Convention Area under their national
jurisdiction. The Commission shall circulate periodically such information to all
members.
4. Each member of the Commission shall keep the Commission informed of
the measures it has adopted for regulating the activities of fishing vessels flying its flag
which fish in the Convention Area The Commission shall circulate periodically such
information to all members.
5. Each member of the Commission shall, to the greatest extent possible,
take measures to ensure that its nationals, and fishing vessels owned or controlled by its
nationals fishing in the Convention Area, comply with the provisions of this Convention.
To this end, members of the Commission may enter into agreements with States whose
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flags such vessels are flying to facilitate such enforcement. Each member of the
Commission shall, to the greatest extent possible, at the request of any other member, and
when provided with the relevant information, investigate any alleged violation by its
nationals, or fishing vessels owned or controlled by its nationals, of the provisions of this
Convention or any conservation and management measure adopted by the Commission.
A report on the progress of the investigation, including details of any action taken or
proposed to be taken in relation to the alleged violation, shall be provided to the member
making the request and to the Commission as soon as practicable and in any case within
two months of such request and a report on the outcome of the investigation shall be
provided when the investigation is completed.
PART V
DUTIES OF THE FLAG STATE
Article 24
Flag State duties
1. Each member of the Commission shall take such measures as may be
necessary to ensure that:
(a) fishing vessels flying its flag comply with the provisions of this
Convention and the conservation and management measures adopted pursuant hereto and
that such vessels do not engage in any activity which undermine the effectiveness of such
measures; and
(b) fishing vessels flying its flag do not conduct unauthorized fishing within
areas under the national jurisdiction of any Contracting Party.
2. No member of the Commission shall allow any fishing vessel entitled to
fly its flag to be used for fishing for highly migratory fish stocks in the Convention Area
beyond areas of national jurisdiction unless it has been authorized to do so by the
appropriate authority or authorities of that member. A member of the Commission shall
authorize the use of vessels flying its flag for fishing in the Convention Area beyond
areas of national jurisdiction only where it is able to exercise effectively its
responsibilities in respect of such vessels under the 1982 Convention, the Agreement and
this Convention.
3. It shall be a condition of every authorization issued by a member of the
Commission that the fishing vessel in respect of which the authorization is issued:
(a) conducts fishing within areas under the national jurisdiction of other States
only where the fishing vessel holds any licence, permit or authorization that may be
required by such other State; and
(b) is operated on the high seas in the Convention Area in accordance with the
requirements of Annex III, the requirements of which shall also be established as a
general obligation of all vessels operating pursuant to this Convention.
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4. Each member of the Commission shall, for the purposes of effective
implementation of this Convention, maintain a record of fishing vessels entitled to fly its
flag and authorized to be used for fishing in the Convention Area beyond its area of
national jurisdiction, and shall ensure that all such fishing vessels are entered in that
record.
5. Each member of the Commission shall provide annually to the
Commission, in accordance with such procedures as may be agreed by the Commission,
the information set out in Annex IV to this Convention with respect to each fishing vessel
entered in the record required to be maintained under paragraph 4 and shall promptly
notify the Commission of any modifications to such information.
6. Each member of the Commission shall also promptly inform the
Commission of:
(a) any additions to the record;
(b) any deletions from the record by reason of:
(i) the voluntary relinquishment or non-renewal of the fishing
authorization by the fishing vessel owner or operator;
(ii) the withdrawal of the fishing authorization issued in respect of the
fishing vessel under paragraph 2;
(iii) the fact that the fishing vessel concerned is no longer entitled to fly its
flag;
(iv) the scrapping, decommissioning or loss of the fishing vessel
concerned; and
(v) any other reason,
specifying which of the reasons listed above is applicable.
7. The Commission shall maintain its own record, based on the information
provided to it pursuant to paragraphs 5 and 6, of fishing vessels referred to in paragraph
4. The Commission shall circulate periodically the information contained in such record
to all members of the Commission, and, on request, individually to any member.
8. Each member of the Commission shall require its fishing vessels that fish
for highly migratory fish stocks on the high seas in the Convention Area to use near real-
time satellite position-fixing transmitters while in such areas. The standards,
specifications and procedures for the use of such transmitters shall be established by the
Commission, which shall operate a vessel monitoring system for all vessels that fish for
highly migratory fish stocks on the high seas in the Convention Area. In establishing
such standards, specifications and procedures, the Commission shall take into account the
characteristics of traditional fishing vessels from developing States. The Commission,
directly, and simultaneously with the flag State where the flag State so requires, or
through such other organization designated by the Commission, shall receive information
from the vessel monitoring system in accordance with the procedures adopted by the
- 22 -
Commission. The procedures adopted by the Commission shall include appropriate
measures to protect the confidentiality of information received through the vessel
monitoring system. Any member of the Commission may request that waters under its
national jurisdiction be included within the area covered by such vessel monitoring
system.
9. Each member of the Commission shall require its fishing vessels that fish
in the Convention Area in areas under the national jurisdiction of another member to
operate near real-time satellite position-fixing transmitters in accordance with the
standards, specification and procedures to be determined by the coastal State.
10. The members of the Commission shall cooperate to ensure compatibility
between national and high seas vessel monitoring systems.
PART VI
COMPLIANCE AND ENFORCEMENT
Article 25
Compliance and enforcement
1. Each member of the Commission shall enforce the provisions of this
Convention and any conservation and management measures issued by the Commission.
2. Each member of the Commission shall, at the request of any other
member, and when provided with the relevant information, investigate fully any alleged
violation by fishing vessels flying its flag of the provisions of this Convention or any
conservation and management measure adopted by the Commission. A report on the
progress of the investigation, including details of any action taken or proposed to be
taken in relation to the alleged violation, shall be provided to the member making the
request and to the Commission as soon as practicable and in any case within two months
of such request and a report on the outcome of the investigation shall be provided when
the investigation is completed.
3. Each member of the Commission shall, if satisfied that sufficient evidence
is available in respect of an alleged violation by a fishing vessel flying its flag, refer the
case to its authorities with a view to instituting proceedings without delay in accordance
with its laws and, where appropriate, detain the vessel concerned.
4. Each member of the Commission shall ensure 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 such time as all outstanding sanctions imposed by the flag State in
respect of the violation have been complied with. Where the vessel concerned has
conducted unauthorized fishing within areas under the national jurisdiction of any coastal
State Party to this Convention, the flag State shall, in accordance with its laws, ensure
-23-
that the vessel complies promptly with any sanctions which may be imposed by such
coastal State in accordance with its national laws and regulations or shall impose
appropriate sanctions in accordance with paragraph 7. For the purposes of this article, a
serious violation shall include any of the violations specified in article 21, paragraphs 11
(a) to (h) of the Agreement and such other violations as may be determined by the
Commission.
5. Each member of the Commission shall, to the extent permitted by its
national laws and regulations, establish arrangements for making available to prosecuting
authorities of other members evidence relating to alleged violations.
6. Where there are reasonable grounds for believing that a fishing vessel on
the high seas has engaged in unauthorized fishing within an area under the national
jurisdiction of a member of the Commission, the flag State of that vessel, at the request of
the member concerned, shall immediately and fully investigate the matter. The flag State
shall cooperate with the member concerned in taking appropriate enforcement action in
such cases and may authorize the relevant authorities of such member to board and
inspect the vessel on the high seas. This paragraph is without prejudice to article 111 of
the 1982 Convention.
7. All investigations and judicial proceedings shall be carried out
expeditiously. Sanctions applicable in respect of violations shall be adequate in severity
to be effective in securing compliance and to discourage violations wherever they occur
and shall deprive offenders of the benefits accruing from their illegal activities. Measures
applicable in respect of masters and other officers of fishing vessels shall include
provisions which may permit, inter alia, refusal, withdrawal or suspension of
authorizations to serve as masters or officers on such vessels.
8. Each member shall transmit to the Commission an annual statement of
compliance measures, including imposition of sanctions for any violations, it has taken in
accordance with this article.
9. The provisions of this article are without prejudice to:
(a) the rights of any of the members of the Commission in accordance with
their national laws and regulations relating to fisheries, including the right to impose
appropriate sanctions on the vessel concerned in respect of violations occurring within
areas under national jurisdiction in accordance with such national laws and regulations;
and
(b) the rights of any of the members of the Commission in relation to any
provision relating to compliance and enforcement contained in any relevant bilateral or
multilateral fisheries access agreement not inconsistent with the provisions of this
Convention, the Agreement or the 1982 Convention.
10. Each member of the Commission, where it has reasonable grounds for
believing that a fishing vessel flying the flag of another State has engaged in any activity
that undermines the effectiveness of conservation and management measures adopted for
- 24 -
the Convention Area, shall draw this to the attention of the flag State concerned and may,
as appropriate, draw the matter to the attention of the Commission. To the extent
permitted by its national laws and regulations it shall provide the flag State with full
supporting evidence and may provide the Commission with a summary of such evidence.
The Commission shall not circulate such information until such time as the flag State has
had an opportunity to comment, within a reasonable time, on the allegation and evidence
submitted, or to object as the case may be.
11. The members of the Commission may take action in accordance with the
Agreement and international law, including through procedures adopted by the
Commission for this purpose, to deter fishing vessels which have engaged in activities
which undermine the effectiveness of or otherwise violate the conservation and
management measures adopted by the Commission from fishing in the Convention Area
until such time as appropriate action is taken by the flag State.
12. The Commission, when necessary, shall develop procedures which allow
for non-discriminatory trade measures to be taken, consistent with the international
obligations of the members of the Commission, on any species regulated by the
Commission, against any State or entity whose fishing vessels fish in a manner which
undermines the effectiveness of the conservation and management measures adopted by
the Commission.
Article 26
Boarding and inspection
1. For the purposes of ensuring compliance with conservation and
management measures, the Commission shall establish procedures for boarding and
inspection of fishing vessels on the high seas in the Convention Area. All vessels used
for boarding and inspection of fishing vessels on the high seas in the Convention Area
shall be clearly marked and identifiable as being on government service and authorized to
undertake high seas boarding and inspection in accordance with this Convention.
2. If, within two years of the entry into force of this Convention, the
Commission is not able to agree on such procedures, or on an alternative mechanism
which effectively discharges the obligations of the members of the Commission under the
Agreement and this Convention to ensure compliance with the conservation and
management measures established by the Commission, articles 21 and 22 of the
Agreement shall be applied, subject to paragraph 3, as if they were part of this
Convention and boarding and inspection of fishing vessels in the Convention Area, as
well as any subsequent enforcement action, shall be conducted in accordance with the
procedures set out therein and such additional practical procedures as the Commission
may decide are necessary for the implementation of articles 21 and 22 of the Agreement.
3. Each member of the Commission shall ensure that fishing vessels flying
its flag accept boarding by duly authorized inspectors in accordance with such
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procedures. Such duly authorized inspectors shall comply with the procedures for
boarding and inspection.
Article 27
Measures taken by a port State
1. A port State has the right and the duty to take measures, in accordance
with international law, to promote the effectiveness of subregional, regional and global
conservation and management measures. When taking such measures a port State shall
not discriminate in form or in fact against the fishing vessels of any State.
2. Whenever a fishing vessel of a member of the Commission voluntarily
enters a port or offshore terminal of another member, the port State may, inter alia,
inspect documents, fishing gear and catch on board such fishing vessel.
3. Members of the Commission may adopt regulations empowering the
relevant national authorities to prohibit landings and transhipments where it has been
established that the catch has been taken in a manner which undermines the effectiveness
of conservation and management measures adopted by the Commission.
4. Nothing in this article affects the exercise by Contracting Parties of their
sovereignty over ports in their territory in accordance with international law.
PART VII
REGIONAL OBSERVER PROGRAMME AND REGULATION OF
TRANSHIPMENT
Article 28
Regional observer programme
1. The Commission shall develop a regional observer programme to collect
verified catch data, other scientific data and additional information related to the fishery
from the Convention Area and to monitor the implementation of the conservation and
management measures adopted by the Commission.
2. The observer programme shall be coordinated by the Secretariat of the
Commission, and shall be organized in a flexible manner which takes into account the
nature of the fishery and other relevant factors. In this regard, the Commission may enter
into contracts for the provision of the regional observer programme.
3. The regional observer programme shall consist of independent and
impartial observers authorized by the Secretariat of the Commission. The programme
should be coordinated, to the maximum extent possible, with other regional, subregional
and national observer programmes.
4. Each member of the Commission shall ensure that fishing vessels flying
its flag in the Convention Area, except for vessels that operate exclusively within waters
under the national jurisdiction of the flag State, are prepared to accept an observer from
the regional observer programme, if required by the Commission.
-26-
5. The provisions of paragraph 4 shall apply to vessels fishing exclusively on
the high seas in the Convention Area, vessels fishing on the high seas and in waters under
the jurisdiction of one or more coastal States, and vessels fishing in waters under the
jurisdiction of two or more coastal States. When a vessel is operating on the same fishing
trip both in waters under the national jurisdiction of its flag State and in the adjacent high
seas, an observer placed under the regional observer programme shall not undertake any
of the activities specified in paragraph 6 (e) when the vessel is in waters under the
national jurisdiction of its flag State, unless the flag State of the vessel agrees otherwise.
6. The regional observer programme shall operate in accordance with the
following guidelines and under the conditions set out in article 3 of Annex III of this
Convention:
(a) the programme shall provide a sufficient level of coverage to ensure that
the Commission receives appropriate data and information on catch levels and related
matters within the Convention Area, taking into account the characteristics of the
fisheries;
(b) each member of the Commission shall be entitled to have its nationals
included in the programme as observers;
(c) observers shall be trained and certified in accordance with uniform
procedures to be approved by the Commission;
(d) observers shall not unduly interfere with the lawful operations of the
vessel and, in carrying out their functions, they shall give due consideration to the
operational requirements of the vessel and shall communicate regularly with the captain
or master for this purpose;
(e) the activities of observers shall include collecting catch data and other
scientific data, monitoring the implementation of conservation and management measures
adopted by the Commission and reporting of their findings in accordance with procedures
to be developed by the Commission;
(f) the programme shall be cost effective, shall avoid duplication with
existing regional, subregional and national observer programmes, and shall, to the extent
practicable, seek to minimize disruption to the operations of vessels fishing in the
Convention Area;
(g) a reasonable period of notice of the placement of an observer shall be
given.
7. The Commission shall develop further procedures and guidelines for the
operation of the regional observer programme, including:
(a) to ensure the security of non-aggregated data and other information which
the Commission deems to be of a confidential nature;
(b) for the dissemination of data and information collected by observers to the
members of the Commission;
- 27 -
(c) for boarding of observers which clearly define the rights and
responsibilities of the captain or master of the vessel and the crew when an observer is on
board a vessel, as well as the rights and responsibilities of observers in the performance
of their duties.
8. The Commission shall determine the manner in which the costs of the
observer programme would be defrayed.
Article 29
Transhipment
1. In order to support efforts to ensure accurate reporting of catches, the
members of the Commission shall encourage their fishing vessels, to the extent
practicable, to conduct transhipment in port. A member may designate one or more of its
ports as transhipment ports for the purposes of this Convention, and the Commission
shall circulate periodically to all members a list of such designated ports.
2. Transhipment at a port or in an area within waters under the national
jurisdiction of a member of the Commission shall take place in accordance with
applicable national laws.
3. The Commission shall develop procedures to obtain and verify data on the
quantity and species transhipped both in port and at sea in the Convention Area and
procedures to determine when transhipment covered by this Convention has been
completed.
4. Transhipment at sea in the Convention Area beyond areas under national
jurisdiction shall take place only in accordance with the terms and conditions set out in
article 4 of Annex III to this Convention, and any procedures established by the
Commission pursuant to paragraph 3 of this article. Such procedures shall take into
account the characteristics of the fishery concerned.
5. Notwithstanding paragraph 4 above, and subject to specific exemptions
which the Commission adopts in order to reflect existing operations, transhipment at sea
by purse-seine vessels operating within the Convention Area shall be prohibited.
PART VIII
REQUIREMENTS OF DEVELOPING STATES
Article 30
Recognition of the special requirements of developing States
1. The Commission shall give full recognition to the special requirements of
developing States Parties to this Convention, in particular small island developing States,
and of territories and possessions, in relation to conservation and management of highly
migratory fish stocks in the Convention Area and development of fisheries for such
stocks.
2. In giving effect to the duty to cooperate in the establishment of
conservation and management measures for highly migratory fish stocks, the
- 28 -
Commission shall take into account the special requirements of developing States Parties,
in particular small island developing States, and of territories and possessions, in
particular:
(a) the vulnerability of developing States Parties, in particular small island
developing States, which are dependent on the exploitation of marine living 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, as well as indigenous
people in developing States Parties, particularly small island 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 developing States
Parties, and territories and possessions.
3. The Commission shall establish a fund to facilitate the effective
participation of developing States Parties, particularly small island developing States,
and, where appropriate, territories and possessions, in the work of the Commission,
including its meetings and those of its subsidiary bodies. The financial regulations of the
Commission shall include guidelines for the administration of the fund and criteria for
eligibility for assistance.
4. Cooperation with developing States, and territories and possessions, for
the purposes set out in this article may include the provision of financial assistance,
assistance relating to human resources development, technical assistance, transfer of
technology, including through joint venture arrangements, and advisory and consultative
services. Such assistance shall, inter alia, be directed towards:
(a) improved conservation and management of highly migratory fish stocks
through collection, reporting, verification, exchange and analysis of fisheries data and
related information;
(b) stock assessment and scientific research; and
(c) monitoring, control, surveillance, compliance and enforcement, including
training and capacity-building at the local level, development and funding of national and
regional observer programmes and access to technology and equipment.
PART IX
PEACEFUL SETTLEMENT OF DISPUTES
Article 31
Procedures for the settlement of disputes
The provisions relating to the settlement of disputes set out in Part VIII of the
Agreement apply, mutatis mutandis, to any dispute between members of the Commission,
whether or not they are also Parties to the Agreement.
- 29 -
PART X
NON-PARTIES TO THIS CONVENTION
Article 32
Non-parties to this Convention
1. Each member of the Commission shall take measures consistent with this
Convention, the Agreement and international law to deter the activities of vessels flying
the flags of non-parties to this Convention which undermine the effectiveness of
conservation and management measures adopted by the Commission.
2. The members of the Commission shall exchange information on the
activities of fishing vessels flying the flags of non-parties to this Convention which are
engaged in fishing operations in the Convention Area.
3. The Commission shall draw the attention of any State which is not a Party
to this Convention to any activity undertaken by its nationals or vessels flying its flag
which, in the opinion of the Commission, affects the implementation of the objective of
this Convention.
4. The members of the Commission shall, individually or jointly, request
non-parties to this Convention whose vessels fish in the Convention Area to cooperate
fully in the implementation of conservation and management measures adopted by the
Commission with a view to ensuring that such measures are applied to all fishing
activities in the Convention Area. Such cooperating non-parties to this Convention 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.
5. Non-parties to this Convention, may, upon request and subject to the
concurrence of the members of the Commission and to the rules of procedure relating to
the granting of observer status, be invited to attend meetings of the Commission as
observers.
PART XI
GOOD FAITH AND ABUSE OF RIGHTS
Article 33
Good faith and abuse of rights
The obligations assumed under this Convention shall be fulfilled in good faith and
the rights recognized in this Convention shall be exercised in a manner which would not
constitute an abuse of right.
-30-
PART XII
FINAL PROVISIONS
Article 34
Signature, ratification, acceptance, approval
1. This Convention shall be open for signature by Australia, Canada, China,
Cook Islands, Federated States of Micronesia, Fiji Islands, France, Indonesia, Japan,
Republic of Kiribati, Republic of the Marshall Islands, Republic of Nauru, New Zealand,
Niue, Republic of Palau, Independent State of Papua New Guinea, Republic of the
Philippines, Republic of Korea, Independent State of Samoa, Solomon Islands, Kingdom
of Tonga, Tuvalu, United Kingdom of Great Britain and Northern Ireland in respect of
Pitcairn, Henderson, Dude and Oeno Islands, United States of America and Republic of
Vanuatu and shall remain open for signature for twelve months from the fifth day of
September 2000.
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.
4. Each Contracting Party shall be a member of the Commission established
by this Convention.
Article 35
Accession
1. This Convention shall remain open for accession by the States referred to
in article 34, paragraph 1, and by any entity referred to in article 305, paragraph 1,
subparagraphs (c), (d) and (e) of the 1982 Convention which is situated in the Convention
Area.
2. After the entry into force of this Convention, the Contracting Parties may,
by consensus, invite other States and regional economic integration organizations, whose
nationals and fishing vessels wish to conduct fishing for highly migratory fish stocks in
the Convention Area to accede to this Convention.
3. Instruments of accession shall be deposited with the depositary.
Article 36
Entry into force
1. This Convention shall enter into force 30 days after the deposit of
instruments of ratification, acceptance, approval or accession by:
(a) three States situated north of the 20° parallel of north latitude; and
(b) seven States situated south of the 20° parallel of north latitude.
2. If, within three years of its adoption, this Convention has not been ratified
by three of the States referred to in paragraph 1 (a), this Convention shall enter into force
-31-
six months after the deposit of the thirteenth instrument of ratification, acceptance,
approval or accession or in accordance with paragraph 1, whichever is the earlier.
3. For each State, entity referred to in article 305, paragraph 1, subparagraphs
(c), (d) and (e) of the 1982 Convention which is situated in the Convention Area, or
regional economic integration organization which ratifies, formally confirms, accepts or
approves the Convention or accedes thereto after the entry into force of this Convention,
this Convention shall enter into force on the thirtieth day following the deposit of its
instrument of ratification, formal confirmation, acceptance, approval or accession.
Article 37
Reservations and exceptions
No reservations or exceptions may be made to this Convention.
Article 38
Declarations and statements
Article 37 does not preclude a State, entity referred to in article 305, paragraph 1,
subparagraphs (c), (d) and (e) of the 1982 Convention which is situated in the Convention
Area, or regional economic integration organization, when signing, ratifying or acceding
to this Convention, from making declarations or statements, however phrased or named,
with a view, inter alia, to the harmonization 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, entity or regional economic integration organization.
Article 39
Relation to other agreements
This Convention shall not alter the rights and obligations of Contracting Parties,
and fishing entities referred to in article 9, paragraph 2, which arise from other
agreements compatible with this Convention and which do not affect the enjoyment by
other Contracting Parties of their rights or the performance of their obligations under this
Convention.
Article 40
Amendment
1. Any member of the Commission may propose amendments to this
Convention to be considered by the Commission. Any such proposal shall be made by
written communication addressed to the Executive Director at least 60 days before the
meeting of the Commission at which it is to be considered. The Executive Director shall
promptly circulate such communication to all members of the Commission.
2. Amendments to this Convention shall be considered at the annual meeting
of the Commission unless a majority of the members request a special meeting to
consider the proposed amendment. A special meeting may be convened on not less than
60 days notice. Amendments to this Convention shall be adopted by consensus. The text
-32-
of any amendment adopted by the Commission shall be transmitted promptly by the
Executive Director to all members of the Commission.
3. Amendments to this Convention shall enter into force for the Contracting
Parties ratifying or acceding to them on the thirtieth day following the deposit of
instruments of ratification or accession by a majority of Contracting Parties. Thereafter,
for each Contracting Party ratifying or acceding to an amendment after the deposit of the
required number of such instruments, the amendment shall enter into force on the thirtieth
day following the deposit of its instrument of ratification or accession.
Article 41
Annexes
1. The Annexes form an integral part of this Convention and, unless
expressly provided otherwise, a reference to this Convention or to one of its Parts
includes a reference to the Annexes relating thereto.
2. The Annexes to this Convention may be revised from time to time and any
member of the Commission may propose revisions to an Annex. Notwithstanding the
provisions of article 40, if a revision to an Annex is adopted by consensus at a meeting of
the Commission, it shall be incorporated in this Convention and shall take effect from the
date of its adoption or from such other date as may be specified in the revision.
Article 42
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 one 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 member 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 member to fulfil any obligation embodied in this Convention
to which it would be subject under international law independently of this Convention.
Article 43
Participation by territories
1. The Commission and its subsidiary bodies shall be open to participation,
with the appropriate authorization of the Contracting Party having responsibility for its
international affairs, to each of the following:
American Samoa
French Polynesia
Guam
- 33 -
New Caledonia
Northern Mariana Islands
Tokelau
Wallis and Futuna
2. The nature and extent of such participation shall be provided for by the
Contracting Parties in separate rules of procedure of the Commission, taking into account
international law, the distribution of competence on matters covered by this Convention
and the evolution in the capacity of such territory to exercise rights and responsibilities
under this Convention.
3. Notwithstanding paragraph 2, all such participants shall be entitled to
participate fully in the work of the Commission, including the right 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 44
Depositary
The Government of New Zealand shall be the depositary of this Convention and
any amendments or revisions thereto. The depositary shall register this Convention with
the Secretary-General of the United Nations in accordance with article 102 of the Charter
of the United Nations.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly
authorized thereto, have signed this Convention.
DONE at Honolulu this fifth day of September, two thousand, in a single original.
- 34 -

 


SIGNATURES OF REPRESENTATIVES:
AUSTRALIA:
CANADA:
CHINA:
COOK ISLANDS:
- 35 -
FEDERATED STATES OF MICRONESIA:
REPUBLIC OF THE FIJI ISLANDS:
FRANCE:
INDONESIA:
- 36 -
JAPAN:
REPUBLIC OF KIRIBATI:
REPUBLIC OF THE MARSHALL ISLANDS:
REPUBLIC OF NAURU:
- 37 -
NEW ZEALAND:
NIUE:
REPUBLIC OF PALAU:
THE INDEPENDENT STATE
OF PAPUA NEW GUINEA:
REPUBLIC OF THE PHILIPPINES:
- 38 -
REPUBLIC OF KOREA:
THE INDEPENDENT STATE OF SAMOA:
SOLOMON ISLANDS:
THE KINGDOM OF TONGA:
- 39 -
TUVALU:
THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND
IN RESPECT OF PITCAIRN, HENDERSON,
DUCIE AND OENO ISLANDS:
THE UNITED STATES OF AMERICA:
REPUBLIC OF VANUATU:
- 40 -
ANNEX I. FISHING ENTITIES
1. After the entry into force of this Convention, any fishing entity whose
vessels fish for highly migratory fish stocks in the Convention Area, may, by a written
instrument delivered to the depositary, agree to be bound by the regime established by
this Convention. Such agreement shall become effective thirty days following the
delivery of the instrument. Any such fishing entity may withdraw such agreement by
written notification addressed to the depositary. The withdrawal shall take effect one
year after the date of receipt of the notification, unless the notification specifies a later
date.
2. Such fishing entity shall participate in the work of the Commission,
including decision-making, and shall comply with the obligations under this Convention.
References thereto by the Commission or members of the Commission include, for the
purposes of this Convention, such fishing entity as well as Contracting Parties.
3. If a dispute concerning the interpretation or application of this Convention
involving a fishing entity cannot be settled by agreement between the parties to the
dispute, the dispute shall, at the request of either party to the dispute, be submitted to
final and binding arbitration in accordance with the relevant rules of the Permanent Court
of Arbitration.
4. The provisions of this Annex relating to participation by fishing entities
are solely for the purposes of this Convention.
ANNEX II. REVIEW PANEL
1. In accordance with article 20, paragraph 6, an application for review of a
decision of the Commission shall be submitted within 30 days of the adoption of the
decision by written notification to the Executive Director. Such notification shall be
accompanied by a statement of the grounds upon which the review is sought. The
Executive Director shall circulate copies of the notification and the accompanying
statement to all members of the Commission.
2. The review panel shall be constituted as follows:
(a) The review panel shall consist of three members appointed in accordance
with this Annex from the list of experts in the field of fisheries drawn up and maintained
by the Food and Agriculture Organization of the United Nations pursuant to Annex VIII,
article 2, of the 1982 Convention or a similar list maintained by the Executive Director,
(b) The member of the Commission submitting the application for review
("the applicant") shall appoint one member, who may or may not be its national. The
appointment shall be included in the written notification referred to in paragraph 1;
(c) Where more than one member of the Commission is seeking review of the
same decision, such members shall, within 20 days of receipt of the first notification
-41-
submitted, appoint one member of the panel jointly by agreement, irrespective of the
grounds upon which review is sought by each applicant. If the members concerned are
unable to reach agreement on the appointment, the appointment shall be made in
accordance with subparagraph (f), at the request of any such member;
(d) The chairman of the Commission shall, within 20 days of receipt of the
notification referred to in paragraph 1 of this Annex, appoint one member;
(e) The other member shall be appointed by agreement between the member
or members of the Commission seeking the review and the chairman of the Commission.
They shall appoint the President of the review panel from among those three members.
If, within 20 days of receipt of the notification referred to in paragraph 1 of this Annex,
the member or members seeking the review and the chairman of the Commission are
unable to reach agreement on the appointment of one or more members of the panel to be
appointed by agreement, or on the appointment of the President of the review panel, the
remaining appointment or appointments shall be made in accordance with subparagraph
(f), at the request of any party. Such request shall be made within 10 days of the
expiration of the aforementioned 20 day period;
(f) Unless the parties agree that any appointment under subparagraphs (c), (d)
and (e) of this paragraph be made by a person or a third State chosen by the parties, the
President of the International Tribunal for the Law of the Sea shall make the necessary
appointments.
(g) Any vacancy shall be filled in the manner described for the initial
appointment
3. A hearing shall be convened at a place and on a date to be determined by
the panel within 30 days following the constitution of the review panel.
4. The review panel shall determine its own procedures, providing for the
expeditious conduct of the hearing and assuring to the applicant or applicants full
opportunity to be heard and to present its or their case.
5. The Executive Director shall act on behalf of the Commission and shall
provide the review panel with sufficient information to enable it to understand the basis
upon which the decision was made.
6. Any member of the Commission may submit a memorandum to the
review panel concerning the matter under review and the panel shall allow any such
member full opportunity to be heard.
7. Unless the review panel decides otherwise because of the particular
circumstances of the case, the expenses of the review panel, including the remuneration
of its members, shall be borne as follows:
(a) 70 per cent shall be borne by the applicant or, if there is more than one
applicant, divided equally among the applicants; and
(b) 30 per cent shall be borne by the Commission from its annual budget.
-42-
8. Any decision of the review panel shall be taken by a majority of its
members.
9. If the applicant or, where there is more than one applicant, any one of
them, does not appear before the review panel, the panel may continue the proceedings
and make its findings and recommendations. Absence of an applicant shall not constitute
a bar to the review proceedings.
10. The findings and recommendations of the review panel shall be confined
to the subject matter of the application and state the reasons on which it is based. It shall
contain the names of the members who have participated and the date of the finding.
Any member of the panel may attach a separate or dissenting opinion to the finding. The
review panel shall not, however, substitute its decision for that of the Commission. The
panel shall communicate its findings and recommendations, including its reasons, to the
applicant or applicants and the Executive Director within 30 days of the end of the
hearing. The Executive Director shall circulate copies of the review panel's findings and
recommendations and reasons therefor to all members of the Commission.
ANNEX III. TERMS AND CONDITIONS FOR FISHING
Article I
Introductory
The operator of every fishing vessel authorized to be used for fishing in the
Convention Area shall comply with the following terms and conditions at all times when
the vessel is in the Convention Area. Such terms and conditions shall apply in addition to
any terms and conditions which may apply to the vessel in areas under the national
jurisdiction of a member of the Commission by reason of a licence issued by such
member or pursuant to a bilateral or multilateral fisheries agreement. For the purposes of
this Annex, "operator" means any person who is in charge of, directs or controls a fishing
vessel, including the owner, master or charterer.
Article 2
Compliance with national laws
The operator of the vessel shall comply with the applicable national laws of each
coastal State Party to this Convention in whose jurisdiction it enters and shall be
responsible for the compliance by the vessel and its crew with such laws and the vessel
shall be operated in accordance with such laws.
Article 3
Obligations of the operator in respect of observers
1. The operator and each member of the crew shall allow and assist any
person identified as an observer under the regional observer programme to:
(a) embark at a place and time agreed to;
-43-
(b) have full access to and use of all facilities and equipment on board which
the observer may determine is necessary to carry out his or her duties, including full
access to the bridge, fish on board, and areas which may be used to hold, process, weigh
and store fish, and full access to the vessel's records including its logs and documentation
for the purpose of records inspection and copying, reasonable access to navigational
equipment, charts and radios, and reasonable access to other information relating to
fishing;
(c) remove samples;
(d) disembark at an agreed place and time; and
(e) carry out all duties safely.
2. The operator or any crew member shall not assault, obstruct, resist, delay,
refuse boarding to, intimidate or interfere with observers in the performance of their
duties.
3. The operator shall provide the observer, while on board the vessel, at no
expense to the observer or the observer's government, with food, accommodation and
medical facilities of a reasonable standard equivalent to those normally available to an
officer on board the vessel.
Article 4
Regulation of transhipment
1. The operator shall comply with any procedures established by the
Commission to verify the quantity and species transhipped, and any additional procedures
and measures established by the Commission with respect to transhipment in the
Convention Area.
2. The operator shall allow and assist any person authorized by the
Commission or by the member of the Commission in whose designated port or area a
transhipment takes place to have full access to and use of facilities and equipment which
such authorized person may determine is necessary to carry out his or her duties,
including full access to the bridge, fish on board and areas which may be used to hold,
process, weigh and store fish, and full access to the vessel's records, including its log and
documentation for the purpose of inspection and photocopying. The operator shall also
allow and assist any such authorized person to remove samples and gather any other
information required to fully monitor the activity. The operator or any member of the
crew shall not assault, obstruct, resist, delay, refuse boarding to, intimidate or interfere
with any such authorized person in the performance of such person's duties. Every effort
should be made to ensure that any disruption to fishing operations is minimized during
inspections of transhipments.
-44-
Article 5
Reporting
The operator shall record and report vessel position, catch of target and non-target
species, fishing effort and other relevant fisheries data in accordance with the standards
for collection of such data set out in Annex I of the Agreement.
Article 6
Enforcement
1. The authorization issued by the flag State of the vessel and, if applicable,
any licence issued by a coastal State Party to this Convention, or a duly certified copy,
facsimile or telex confirmation thereof, shall be carried on board the vessel at all times
and produced at the request of an authorized enforcement official of any member of the
Commission.
2. The master and each member of the crew of the vessel shall immediately
comply with every instruction and direction given by an authorized and identified officer
of a member of the Commission, including to stop, to move to a safe location, and to
facilitate safe boarding and inspection of the vessel, its licence, gear, equipment, records,
facilities, fish and fish products. Such boarding and inspection shall be conducted as
much as possible in a manner so as not to interfere unduly with the lawful operation of
the vessel. The operator and each member of the crew shall facilitate and assist in any
action by an authorized officer and shall not assault, obstruct, resist, delay, refuse
boarding to, intimidate or interfere with an authorized officer in the performance of his or
her duties.
3. The vessel shall be marked and identified in accordance with the FAO
Standard Specifications for the Marking and Identification of Fishing Vessels or such
alternative standard as may be adopted by the Commission. At all times when the vessel
is in the Convention Area, all parts of such markings shall be clear, distinct and
uncovered.
4. The operator shall ensure the continuous monitoring of the international
distress and calling frequency 2182 khz (HF) or the international safety and calling
frequency 156.8 Mhz (channel 16, VHF-FM) to facilitate communication with the
fisheries management, surveillance and enforcement authorities of the members of the
Commission.
5. The operator shall ensure that a recent and up to date copy of the
International Code of Signals (INTERCO) is on board and accessible at all times.
6. At all times when the vessel is navigating through an area under the
national jurisdiction of a member of the Commission in which it does not have a licence
to fish, and at all times when the vessel is navigating on the high seas in the Convention
Area and has not been authorized by its flag State to fish on the high seas, all fishing
equipment on board the vessel shall be stowed or secured in such a manner that it is not
readily available to be used for fishing.
- 45 -
ANNEX IV. INFORMATION REQUIREMENTS
The following information shall be provided to the Commission in respect of each
fishing vessel entered in the record required to be maintained under article 24, paragraph
4, of this Convention:
1. Name of fishing vessel, registration number, previous names (if known),
and port of registry;
2. Name and address of owner or owners;
3. Name and nationality of master,
4. Previous flag (if any);
5. International Radio Call Sign;
6. Vessel communication types and numbers (INMARSAT A, B and C
numbers and satellite telephone number);
7. Colour photograph of vessel;
8. Where and when built;
9. Type of vessel;
10. Normal crew complement;
11. Type of fishing method or methods;
12. Length;
13. Moulded depth;
14. Beam;
15. Gross register tonnage;
16. Power of main engine or engines;
17. The nature of the authorization to fish granted by the flag State;
18. Carrying capacity, including freezer type, capacity and number and fish
hold capacity.
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