Contents
- Part 1 Preliminary
- Part 2 Fishing and the marine environment
- Part 3 Regulation of fishing
- Part 4 Register of Statutory Fishing Rights
- Part 4A Register of vessels authorised to fish on high seas
- Part 4B Fishing Permits Register
- Part 5 Co-operation with States and Northern Territory in management of fisheries
- Part 6 Surveillance and enforcement
- Part 7 Collection of levy and charge
- Part 8 Review by the Statutory Fishing Rights Allocation Review Panel
- Part 9 Miscellaneous
- Schedule 1A Provisions relating to detention of suspected illegal foreign fishers
- Schedule 1 Treaty on fisheries between the Governments of certain Pacific Island States and the United States of America
- Schedule 2 Fish Stocks Agreement
- Schedule 3 Compliance Agreement
Contents
4,936 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.
- Part 1 · Preliminary
- 1 Short title
- 2 Commencement
- 3 Objectives
- 3A Principles of ecologically sustainable development
- 4 Interpretation
- 5 Coastal waters
- 6 Act binds the Crown
- 6A Application of the Criminal Code
- 7 Application
- 8 Application of Act to areas outside the AFZ
- 8A Regulations may provide for placement of observers on foreign fishing boats operating outside the AFZ
- 9 Application of Act to Protected Zone
- 9A Act not to apply so as to exceed Commonwealth power
- 10 Operation of certain State and Territory laws
- 11 Excepted waters
- 12 Sedentary organisms—Australian continental shelf
- Part 2 · Fishing and the marine environment
- Part 3 · Regulation of fishing
- Division 1 Preliminary
- Division 2 Plans of management
- Division 3 Statutory fishing rights
- Division 4 Ways of granting statutory fishing rights
- Division 4A Statutory fishing rights options
- Division 5 Fishing permits
- Division 6 Scientific permits
- Division 7 Foreign fishing licences and Treaty licences
- Division 8 Suspension and cancellation of fishing concessions
- Division 9 Foreign master fishing licences
- Division 9A E-monitoring of fishing-related activity
- Division 10 Miscellaneous
- Part 4 · Register of Statutory Fishing Rights
- 44 The Register
- 45 Information to be included in Register
- 46 Registration of dealings in fishing rights
- 46A Interests in fishing rights—priority between section 46 interests and PPSA security interests
- 47 Trusts not registrable
- 48 Power of holder of fishing right to deal with fishing right
- 50 Suspension, cancellation etc. of fishing right to be noted in Register
- 51 AFMA not concerned with certain matters
- 52 Inspection of Register and documents
- 53 Evidentiary provisions
- 54 Orders for rectification of Register
- 55 Correction of clerical errors etc. in Register
- 56 AFMA etc. not liable in certain circumstances
- 57 Offences
- Part 4A · Register of vessels authorised to fish on high seas
- Part 4B · Fishing Permits Register
- Part 5 · Co-operation with States and Northern Territory in management of fisheries
- Part 6 · Surveillance and enforcement
- Division 1 Officers
- Division 2 Fish receiver permits
- Division 3 Foreign fishing boats—port permits
- Division 4 Enforcement generally
- Division 5 Foreign boats—additional enforcement provisions
- Division 5A Offences in places beyond the AFZ
- Division 5B Provisions relating to detention of suspected illegal foreign fishers
- Division 6 General
- Part 7 · Collection of levy and charge
- Part 8 · Review by the Statutory Fishing Rights Allocation Review Panel
- Part 9 · Miscellaneous
- Schedule 1A · Provisions relating to detention of suspected illegal foreign fishers
- Note: See section 105Q.
- Part 1 Preliminary
- Part 2 Detaining suspected illegal foreign fishers
- Part 3 Searching and screening detainees and screening their visitors
- Part 4 Detainees’ rights to facilities for obtaining legal advice etc.
- Part 5 Identifying detainees
- Part 6 Disclosure of detainees’ personal information
- Schedule 1 · Treaty on fisheries between the Governments of certain Pacific Island States and the United States of America
- Section 4
- The Governments of the Pacific Island States party to this Treaty and the Government of the United States of America:
- ACKNOWLEDGING that in accordance with international law, coastal States have sovereign rights for the purposes of exploring and exploiting, conserving and manag
- RECOGNISING the strong dependence of the Pacific Island parties on fisheries resources and the importance of the continued abundance of those resources;
- BEARING IN MIND that some species of fish are found within and beyond the jurisdiction of any of the parties and range throughout a broad region; and
- DESIRING to maximise benefits flowing from the development of the fisheries resources within the exclusive economic zones or fisheries zones of the Pacific Isla
- HAVE AGREED AS FOLLOWS:
- ARTICLE 1
- DEFINITIONS AND INTERPRETATION
- 1.1 In this Treaty:
- (a) “Administrator” means that person or organisation designated by the Pacific Island parties to act as such on their behalf pursuant to this Treaty and notifi
- (b) “final judgment” means a judgment from which no appeal proceedings have been initiated within sixty days;
- (c) “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;
- (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 this paragraph; or
- (vi) aircraft use, relating to the activities described in this paragraph except for flights in emergencies involving the health or safety of crew members or th
- (d) “fishing vessel of the United States” or “vessel” means any boat, ship or other craft which is used for, equipped to be used for, or of a type normally used
- (e) “Licensing Area” means all waters in the Treaty Area except for:
- (i) waters subject to the jurisdiction of the United States in accordance with international law; and
- (ii) waters closed to fishing by fishing vessels of the United States in accordance with Annex I;
- (f) “operator” means any person who is in charge of, directs or controls a vessel, including the owner, charterer and master;
- (g) “Pacific Island party” means a Pacific Island State party to this Treaty and “Pacific Island parties” means all such States from time to time;
- (h) “Pacific Island State” means a party to the South Pacific Forum Fisheries Agency Convention, 1979;
- (i) “party” means a State party to this Treaty, and “parties” means all such States, from time to time;
- (j) “this Treaty” means this Treaty, its Annexes and Schedules; and
- (k) “Treaty Area” means all waters north of 60 degrees South latitude and east of 90 degrees East longitude, subject to the fisheries jurisdiction of Pacific Is
- 2º35´39´´S 141º00´00´´E 1º01´35´´N 140º48´35´´E 1º01´35´´N 129º30´00´´E 10º00´00´´N 129º30´00´´E 14º00´00´´N 140º00´00´´E 14º00´00´´N 142º00´00´´E 12º30´00´´N 1
- and north along the 152 degrees of East longitude until intersecting the Australian 200 nautical mile limit.
- 1.2 Nothing in this Treaty shall be deemed to affect the applicability of any provision of a Pacific Island party’s law which is not identified or otherwise des
- 2.1 The Government of the United States shall, as appropriate, co-operate with the Pacific Island parties through the provision of technical and economic suppor
- 2.2 The Government of the United States shall, as appropriate, promote the maximization of benefits generated for the Pacific Island parties from the operations
- (a) the use of canning, transshipment, slipping and repair facilities located in the Pacific Island parties;
- (b) the purchase of equipment and supplies, including fuel supplies, from suppliers located in the Pacific Island parties; and
- (c) the employment of nationals of the Pacific Island parties on board licensed fishing vessels of the United States.
- 3.1 Fishing vessels of the United States shall be permitted to engage in fishing in the Licensing Area in accordance with the terms and conditions referred to i
- 3.2 It shall be a condition of any licence issued pursuant to this Treaty that the vessel in respect of which the licence is issued is operated in accordance wi
- 3.3 A Pacific Island party may permit fishing vessels of the United States to engage in fishing in waters under the jurisdiction of that party which are:
- (a) within the Treaty Area but outside the Licensing Area; or
- (b) except for purse seine vessels, within the Licensing Area but otherwise than in accordance with the terms and conditions referred to in Annex I,
- in accordance with such terms and conditions as may be agreed from time to time with the owners of the said vessels or their representatives. In such a case, if
- 4.1 The Government of the United States shall enforce the provisions of this Treaty and licences issued thereunder. The Government of the United States shall ta
- 4.2 The Government of the United States shall, at the request of the Government of a Pacific Island party, take all reasonable measures to assist that party in
- 4.3 The Government of the United States shall ensure that:
- (a) each fishing vessel of the United States licensed pursuant to this Treaty is fully insured against all risks and liabilities;
- (b) all measures are taken to facilitate:
- (i) any claim arising out of the activities of a fishing vessel of the United States, including a claim for the total market value of any fish taken from the Li
- (ii) the service of legal process by or on behalf of a national or the Government of a Pacific Island party in any action arising out of the activities of a fis
- (iii) the prompt and full adjudication in the United States of any claim made pursuant to this Treaty;
- (iv) the prompt and full satisfaction of any final judgment or other final determination made pursuant to this Treaty; and
- (v) the provision of a reasonable level of financial assurances, if, after consultation with the Government of the United States, all Pacific Island parties agr
- (c) an amount equivalent to the total value of any forfeiture, fine, penalty or other amount collected by the Government of the United States incurred as a resu
- 4.4 The Government of the United States shall, at the request of the Government of a Pacific Island party, fully investigate any alleged infringement of this Tr
- 4.5 In the event that a report provided pursuant to paragraph 4 of this Article shows that a fishing vessel of the United States:
- (a) while fishing in the Licensing Area did not have a licence to fish in the Licensing Area, except in accordance with paragraph 2 of Article 3; or
- (b) was involved in any incident in which an authorised officer or observer was allegedly assaulted with resultant bodily harm, physically threatened, forcefull
- that there was probable cause to believe that a fishing vessel of the United States:
- (c) was used for fishing in waters closed to fishing pursuant to Annex I, except as authorised in accordance with paragraph 3 of Article 3;
- (d) was used for fishing in any Limited Area as described in Annex I, except as authorised in accordance with that Annex I;
- (e) was used for fishing by any method other than the purse seine method, except in accordance with paragraph 2 of Article 3;
- (f) was used for directed fishing for Southern Bluefin Tuna or for fishing for any kinds of fish other than tunas, except that other kinds of fish may be caught
- (g) used an aircraft for fishing which was not identified on a form provided pursuant to Schedule 1 of Annex II in relation to that vessel; or
- (h) was involved in an incident in which evidence which otherwise could have been used in proceedings concerning the vessel has been intentionally destroyed;
- and that such vessel has not submitted to the jurisdiction of the Pacific Island party concerned, the Government of the United States shall, at the request of t
- 4.6 In the event that a report provided pursuant to paragraph 4 of this Article shows that a fishing vessel of the United States has been involved in a probable
- (a) submits to the jurisdiction of that party; or
- (b) is penalised by the Government of the United States at such level as may be provided for like violations in United States law relating to foreign fishing ve
- 4.7 Financial assurances provided pursuant to this Treaty may be drawn against by any Pacific Island party to satisfy any civil or criminal judgment or other de
- 4.8 Prior to instituting any legal proceedings pursuant to this Article concerning an alleged infringement of this Treaty in waters within the jurisdiction, for
- 4.9 The Government of the United States shall ensure that an agent is appointed and maintained in accordance with the requirements of subparagraphs (a) and (b)
- (a) shall be located in Port Moresby for the purpose of receiving and responding to any legal process issued in accordance with this Article; and
- (b) shall, within 21 days of notification that legal process has been issued in accordance with this Article, travel to any Pacific Island party, at no expense
- 5.1 It is recognised that the respective Pacific Island parties may enforce the provisions of this Treaty and licences issued thereunder, including arrangements
- 5.2 The Governments of the Pacific Island parties shall promptly notify the Government of the United States of any arrest of a fishing vessel of the United Stat
- 5.3 Fishing vessels of the United States and their crews arrested for breach of this Treaty shall be promptly released upon the posting of a reasonable bond or
- 5.4 The Government of the United States shall not apply sanctions of any kind including deductions, however effected, from any amounts which might otherwise hav
- 5.5 The Governments of the parties shall adopt and inform the other parties of such provisions in their national laws as may be necessary to give effect to this
- 5.6 Where legal proceedings have been instituted by the Government of the United States pursuant to Article 4, no Pacific Island party shall proceed with any le
- 5.7 During any period in which a party is investigating any infringement of this Treaty involving a fishing vessel of the United States, being an infringement w
- 5.8 If full payment of any amount due as a result of a final judgment or other final determination deriving from an occurrence in waters within the jurisdiction
- 6.1 At the request of any party, consultations shall be held with any other party within sixty (60) days of the date of receipt of the request. All other partie
- 6.2 Any dispute between the Government of the United States and the Government of one or more Pacific Island parties in relation to or arising out of this Treat
- 6.3 The Government or Governments of the Pacific Island party or parties to the dispute shall appoint one arbitrator and the Government of the United States sha
- 6.4 Unless the parties to the dispute agree otherwise, the place of arbitration shall be Port Moresby. The tribunal may hold meetings at such other place or pla
- 6.5 The fees and expenses of the tribunal shall be paid half by the Government or Governments of the Pacific Island party or parties to the arbitration and half
- 7. The parties shall meet once each year for the purpose of reviewing the operation of this Treaty.
- 8. The following procedures shall apply to the adoption and entry into force of any amendment to this Treaty.
- (a) Any party may propose amendments to this Treaty.
- (b) A proposed amendment shall be notified to the depositary not less than forty five (45) days before the meeting at which the proposed amendment will be consi
- (c) The depositary shall promptly notify all parties of such proposal.
- (d) The parties shall consider proposed amendments to this Treaty at the annual meeting described in Article 7, or at any other time that may be agreed by all p
- (e) Any amendment to this Treaty shall be adopted by the approval of all the parties, and shall enter into force upon receipt by the depositary of instruments o
- (f) The depositary shall promptly notify all parties of the entry into force of the amendment.
- ARTICLE 9
- AMENDMENT OF ANNEXES
- 9. The following procedures may apply to the adoption and entry into force of any amendment to an Annex of this Treaty, at the request of the party proposing th
- (a) Any party may propose amendment to an Annex of this Treaty at any time by notifying such proposal to the depositary, which shall promptly notify all parties
- (b) A party approving a proposed amendment to an Annex shall notify its acceptance to the depositary, which shall promptly notify all the parties of each accept
- 10.1 The Administrator and each party shall notify the depositary of their current addresses for the receipt of notices given pursuant to this Treaty, and the d
- 10.2 Delivery by hand shall be effective when made. Delivery by telex shall be deemed to be effective on the business day following the day when the “answer bac
- 11. The depositary for this Treaty shall be the Government of Papua New Guinea.
- 12.1 This Treaty shall be open for signature by the Governments of all the Pacific Island States and the Government of the United States of America.
- 12.2 This Treaty is subject to ratification by the States referred to in paragraph 1 of this Article. The instruments of ratification shall be deposited with th
- 12.3 This Treaty shall remain open for accession by States referred to in paragraph 1 of this Article. The instruments of accession shall be deposited with the
- 12.4 This Treaty shall enter into force upon receipt by the depositary of instruments of ratification by the Government of the United States and by the Governme
- 12.5 This Treaty shall enter into force for any State ratifying or acceding after the entry into force of this Treaty on the thirtieth day after the date on whi
- 12.6 This Treaty shall cease to have effect at the expiry of one year following the receipt by the depositary of an instrument signifying withdrawal or denuncia
- 12.7 This Treaty shall cease to have effect for a party at the expiry of the sixth month following the receipt by the depositary of an instrument signifying wit
- 12.8 Any licence in force pursuant to this Treaty shall not cease to have effect as a result of this Treaty ceasing to have effect either generally or for any p
- 12.9 No reservations may be made to this Treaty.
- 12.10 Paragraph 9 of this Article does not preclude a State, when signing, ratifying or acceding to this Treaty, from making declarations or statements, provide
- DONE at Port Moresby on the second day of April, 1987.
- John Kerin Edward Wolfe AUSTRALIA John Negroponte UNITED STATES OF AMERICA
- 1. In this Annex:
- (a) “applicable national law” means any provision of a law, however described, of a Pacific Island party which governs the fishing activities of foreign fishing
- (b) “Closed Area” means an area of a Pacific Island party as described in Schedule 2;
- (c) “Limited Area” means an area described in Schedule 3; and
- (d) “the vessel” means the vessel in respect of which a licence is issued.
- 2. Schedule 1 may be amended from time to time by the inclusion by any Pacific Island party of any applicable national law and, for the purposes of this Treaty,
- 3. Nothing in this Annex and its Schedules, nor acts or activities taking place thereunder, shall constitute recognition of the claims or the positions of any o
- 4. The operator of the vessel shall comply with each of the applicable national laws, and shall be responsible for the compliance by the vessel and its crew wit
- 5. The vessel shall not be used for directed fishing for Southern Bluefin Tuna, or for fishing for any kinds of fish other than tunas, except that other kinds o
- 6. The vessel shall not be used for fishing by any method, except the purse seine method.
- 7. The vessel shall not be used for fishing in any Closed Area.
- 8. Except for circumstances involving force majeure and other emergencies involving the health or safety of crew members or the safety of the vessel, no aircraf
- 9. The vessel shall not be used for fishing in any Limited Area except in accordance with the requirements set out in Schedule 3, which are applicable to that L
- 10. Information relating to the position of and catch on board the vessel, as described in Part 1 of Schedule 4, shall be provided by telex to the Administrator
- (a) before departure from port for the purpose of beginning a fishing trip in the Licensing Area;
- (b) each Wednesday while within the Licensing Area or a Closed Area; and
- (c) before entry into port for the purpose of unloading fish from any trip involving fishing in the Licensing Area.
- 11. Information relating to the position of and catch on board the vessel, as described in Part 2 of Schedule 4, shall be provided to each Pacific Island party
- (a) at the time of entry into and of departure from waters which are, for any purpose, subject to the jurisdiction of the Pacific Island party;
- (b) at least 24 hours prior to the estimated time of entry into any port of that party; and
- (c) as otherwise set out in Part 3 of Schedule 4.
- 12. At the end of each day that the vessel is in the Licensing Area, an entry or entries for that day shall be completed on the catch report form as set out in
- 13. Immediately following the unloading of any fish from the vessel, a report shall be completed in the form set out in Schedule 6 and shall be posted by regist
- PART 5
- ENFORCEMENT
- 14. The master and each member of the crew of the vessel shall immediately comply with every instruction and direction given by an authorised and identified off
- 15. The international distress frequency, 2.182 MHz, and 156.8 MHz (Channel 16, VHF) shall be monitored continuously from the vessel for the purpose of facilita
- 16. The international radio call sign of the vessel shall be painted in white on a black background, or in black on a white background, in the following manner:
- (a) amidships on both sides immediately below the gunwale, and on a horizontal plane on the superstructure, in letters and figures 20 centimetres apart, with ea
- (b) if a helicopter is being carried, on the body of the helicopter in a place clearly visible from sea level, in letters and figures five centimetres apart, wi
- (c) on any other equipment being carried by and intended to be separated from the vessel during normal fishing operations, in letters and figures clearly legibl
- and at all times while the vessel is within the Licensing Area or a Closed Area, all parts of these markings shall be clear, distinct and uncovered.
- 17. The licence shall be carried on board the vessel and produced at the request of an authorised enforcement official of any of the parties. Prior to receipt o
- 18. The operator and each member of the crew of the vessel shall allow and assist any person identified as an observer by the Pacific Island parties to:
- (a) board the vessel for scientific, compliance, monitoring and other functions at the point and time notified by the Pacific Island parties to the Government o
- (b) have full access to and the use of facilities and equipment on board the vessel which the observer may determine is necessary to carry out his or her duties
- (c) disembark at the point and time notified by the Pacific Island parties to the Government of the United States; and
- (d) carry out his or her duties safely;
- and no operator or crew member of the vessel shall assault, obstruct, resist, delay, refuse boarding to, intimidate or interfere with an observer in the perform
- 19. The operator shall provide the observer, while on board the vessel, at no expense to the Pacific Island parties, with food, accommodation and medical facili
- 20. Any operator of the vessel from which any fish taken in the Licensing Area is unloaded shall allow, or arrange for, and assist any person authorised for thi
- 21. An observer programme shall be conducted in accordance with this Treaty and provisions that may be agreed from time to time.
- 22. At all times while the vessel is in a Closed Area, the fishing gear of the vessel shall be stowed in such a manner as not to be readily available for fishin
- 23. The vessel shall be operated in such a way that the activities of traditional and locally based fishermen and fishing vessels are not disrupted or in any ot
- 24. Any information required to be recorded, or to be notified, communicated or reported pursuant to a requirement of this Treaty shall be true, complete and co
- The following laws and any regulations or other instruments having the force of law which have been implemented pursuant to those laws, as amended at the time t
- Australia
- Antarctic Marine Living Resources Conservation Act, 1981
- Continental Shelf (Living Natural Resources) Act, 1968
- Continental Shelf (Living Natural Resources) Regulations
- Fisheries Act, 1952
- Fisheries Regulations
- Torres Strait Fisheries Act, 1984
- Whale Protection Act, 1980
- Cook Islands
- Cook Islands Commercial Fishing Regulations, 1951
- Exclusive Economic Zone (Foreign Fishing Craft) Regulations, 1979
- Fisheries Protection Act, 1976
- Fishing Ordinance, 1950
- Territorial Sea and Exclusive Economic Zone Act, 1977
- Federated States of Micronesia
- Titles 18 and 24 of the Code of the Federated States of Micronesia, as amended by Public Law Nos. 2-28, 2-31, 3-9, 3-10, 3-34, and 3-80
- Fiji
- Fisheries Act, 1942
- Fisheries Ordinance (Cap 135)
- Fisheries Regulations (Cap 135)
- Marine Spaces Act, 1978
- Marine Spaces (Foreign Fishing Vessels) Regulations, 1979
- Kiribati
- Fisheries Ordinance, 1979
- Fisheries (Amendment) Act, 1984
- Marine Zones (Declaration) Act, 1983
- Marshall Islands
- Marine Resources Jurisdiction Act, 1978
- Marine Zones (Declaration) Act, 1984
- Nauru
- Interpretation Act, 1971
- Interpretation Act, 1975
- Marine Resources Act, 1978
- New Zealand
- Antarctic Marine Living Resources Act, 1981
- Continental Shelf Act, 1964
- Exclusive Economic Zone (Foreign Fishing Craft) Regulations, 1978
- Fisheries Act, 1983
- Marine Mammals Protection Act, 1978
- Territorial Sea and Exclusive Economic Zone Act, 1977
- Tokelau (Territorial Sea and Exclusive Economic Zone Act), 1977
- Niue
- Territorial Sea and Exclusive Economic Zone Act, 1978
- Palau
- Palau National Code, Title 27
- Papua New Guinea
- Fisheries Act (Cap 214)
- Fisheries Regulations (Cap 214)
- Fisheries (Torres Strait Protected Zone) Act, 1984
- Tuna Resources Management (National Seas) Act (Cap 224)
- Whaling Act (Cap 225)
- Solomon Islands
- Delimitation of Marine Waters Act, 1978
- Fisheries Act, 1972
- Fisheries Limits Act, 1977
- Fisheries Regulations, 1972
- Fisheries (Foreign Fishing Vessels) Regulations, 1981
- Tonga
- Fisheries Protection Act, 1973
- Fisheries Regulation Act, 1923
- Whaling Industry (Amendment) Act, 1979
- Tuvalu
- Fisheries Act (Cap 45)
- Foreign Fishing Vessel Regulations, 1982
- Fisheries (Foreign Fishing Vessel) (Amendment) Regulations, 1984
- Marine Zones (Declaration) Act, 1983
- Vanuatu
- Fisheries Act, 1982
- Fisheries Regulations, 1983
- Maritime Zones Act, 1981
- Western Samoa
- Exclusive Economic Zone Act, 1977
- Fisheries Protection Act, 1972
- Territorial Sea Act, 1971
- Australia. All waters within the seaward boundary of the Australian Fishing Zone (AFZ) west of a line connecting the point of intersection of the outer limit of
- Cook Islands. Territorial Sea.
- Federated States of Micronesia. Three nautical mile territorial sea and nine nautical mile exclusive fishery zone and on all named banks and reefs as depicted o
- DMAHTC NO 81019 (2nd. ed., Mar. 1945; revised 7/17/72. corrected through NM 3/78 of June 21, 1978).
- DMAHTC NO 81023 (3rd. ed., Aug. 7, 1976).
- DMAHTC NO 81002 (4th. ed., Jan. 26, 1980; corrected through NM 4/80).
- Fiji. Internal waters, archipelagic waters and territorial seas of Fiji and Rotuma and its Dependencies.
- Kiribati. Within archipelagic waters as established in accordance with Marine Zones Declaration Act 1983; within 12 nautical miles drawn from the baselines from
- Marshall Islands. 12 nautical mile territorial sea and area within two nautical miles of any anchored fish aggregating device for which notification of its loca
- Nauru. The territorial waters as defined by Nauru Interpretation Act, 1971, Section 2.
- New Zealand. Territorial waters; waters within 6 nautical miles of outer boundary of territorial waters; all waters to west of New Zealand main islands and sout
- Atafu: 8º35´10´´S, 172º29´30´´W
- Nukunonu: 9º06´25´´S, 171º52´10´´W
- 9º11´30´´S, 171º47´00´´W
- Faka’ofo: 9º22´30´´S, 171º16´30´´W
- Niue. Territorial sea and within 3 nautical miles of Beveridge Reef, Antiope Reef and Haran Reef as depicted by appropriate symbols on NZ 225F (chart showing th
- Palau. Within 12 nautical miles of all island baselines in the Palau Islands; within a 50 nautical mile arc measured from the entrance to Malakal Harbour (7º16´
- Papua New Guinea. In addition to its territorial sea and internal waters, within the area bounded by the following parallels and meridians—from latitude 0º30´ S
- Solomon Islands. All waters within the fishery limits of the Solomon Islands (including internal waters, territorial sea and archipelagic waters) except that pa
- Tonga. All waters with depths of not more than 1,000 metres, within the area bounded by the fifteenth and twenty third and one half degrees of south latitudes a
- Tuvalu. Territorial sea and waters within two nautical miles of all named banks, i.e. Macaw, Kosciusko, Rose, Bayonnaise and Hera, in Tuvalu EEZ, as depicted on
- Vanuatu. Archipelagic waters and the territorial sea, and internal waters.
- Western Samoa. Territorial sea; reefs, banks and areas bounded/enclosed by the following parallels and meridians to the extent such areas are within Western Sam
- 1. From latitude 12º58´ South to latitude 13º11.5´ South and longitude 174º 5.5´ West to longitude 174º 26´ West.
- 2. From latitude 12º 12´ South to latitude 12º 38.5´ South and longitude 173º 47´ West to longitude 174º 25´ West.
- 3. From latitude 13º 7´ South to latitude 13º 19´ South and longitude 172º 59´ West to longitude 173º 38.5´ West.
- 4. From latitude 14º 51´ South to latitude 15º 3.4´ South and longitude 172º 10.7´ West to longitude 172º 19.1´ West.
- 5. From latitude 14º 20.5´ South to latitude 14º 28´ South and longitude 171º 8´ West to longitude 171º 17´ West.
- and within 2 nautical miles of any anchored fish aggregating device within the EEZ for which notification of its location shall be given by geographical coordin
- Only the Closed Areas, as described above, of Pacific Island States which are parties to this Treaty shall be applicable under the terms of this Treaty.
- Solomon Islands
- 1. The Solomon Islands Limited Area is all of the Licensing Area within the fishery limits of Solomon Islands as described in the Fishery Limits Act 1977 of Sol
- 2. “Fishing day” means any day or part of a day of the week in which a vessel is used for fishing in the Solomon Islands Limited Area.
- 3. There shall be no fishing in the Solomon Islands Limited Area after the expiry of the five hundredth fishing day from the earliest date on which any Licensin
- (a) Port departure and entry into port for unloading
- (1) report type (LBEG for port departure to begin fishing and LFIN for port entry for unloading)
- (2) date
- (3) call sign
- (4) port name
- (5) catch on board by species (in short tons)
- as: LBEG (or LFIN)/ddmmyy/CALL SIGN/PORT/SJ xxx YF yyy OTH zzz
- (b) Weekly reports
- (1) report type (WEEK)
- (2) date
- (3) call sign
- (4) position (to one minute of arc)
- (5) catch on board by species
- as: WEEK/ddmmyy/CALL SIGN/LA 1111/LO 11111/SJ xxx YF yyy OTH zzz
- (a) Zone entry and exit
- (1) report type (ZENT for entry and ZEXT for exit)
- (2) date
- (3) call sign
- (4) position (to one minute of arc)
- (5) catch on board by species
- as: ZENT (or ZEXT)/ddmmyy/CALL SIGN/TIME/LA 1111/LO 11111/SJ xxx YF yyy OTH zzz
- (b) Port entry reports
- (1) report type (PENT)
- (2) date
- (3) call sign
- (4) estimated time of entry into port (GMT)
- (5) port name
- as: PENT/ddmmyy/CALL SIGN/TIME/PORT NAME
- 1. Australia
- (a) Report of position each two days while within the Australian Fishing Zone;
- (b) 24 hours notice of intention to enter the Australian Fishing Zone; and
- (c) Report of catch by species every six days while within the Australian Fishing Zone.
- 2. Fiji
- (a) While in Fiji fisheries waters, daily position reporting of the name, call sign, and country of registration of the craft, and its position at that specifie
- (b) While in Fiji fisheries waters, weekly report of catch by species.
- 3. Kiribati
- While in the Kiribati exclusive economic zone, report on entry into or exit from Closed Areas.
- 4. New Zealand
- (a) While in the New Zealand exclusive economic zone, notification of daily noon positions, to be received no later than noon on the following day;
- (b) Notice of catch on board the vessel at the time of entry into the New Zealand exclusive economic zone;
- (c) A weekly report of catch taken in the New Zealand exclusive economic zone to cover the period 0001 hours on a Monday to 2400 hours on the following Sunday a
- (d) 24 hours notice of intention to enter the New Zealand exclusive economic zone.
- 5. Solomon Islands
- Report on:
- (a) Expected vessel position, date and time of entry at least 24 hours before entry into the Solomon Islands Fishery Limits;
- (b) Entry to or exit from Solomon Islands Limited Area together with the catch on board by weight and volume; and
- (c) A weekly report of catch taken and fishing days in the Solomon Islands exclusive economic zone to cover the period 0001 hours on a Monday to 2400 hours on t
- 6. Tonga
- While in the Tonga exclusive economic zone, daily position report by radio or telex.
- 7. Tuvalu
- (a) Report not less than 24 hours before entry into the Tuvalu fishery limits on:
- (i) the name, call sign and country of registration of the vessel;
- (ii) the licence number;
- (iii) position on entry; and
- (iv) catch by species.
- NAME YYMMDD VESSEL NAME___________________________________ LICENSE/PERMIT NUMBER____________________________ DEPARTURE FROM PORT DATE COUNTRY OF REGISTRATION___
- NOON OR SET POSITION SKIPJACK YELLOWFIN OTHER SPECIES DISCARDS Numerical expression of school type, comments, and reason for discard SCHOOL TYPE 1 Log 2 Surface
- Vessel Name.................. Regional Register No..........
- (1) Port.................................................
- or, If at sea, position: Lat..................Long..............
- (2) Dates
- (a) At unloading point
- Arrival................. Departure...............
- (b) At unloading
- Commencement........... Completion.............
- (3) Partial or complete unloading..............................
- (4) Unloading to..........................................
- (5) (a) Carrier Vessel Name.................................
- and Radio call sign or regional Register No.....................
- or
- (b) Name and address of company accepting fish...............
- ........................................................
- (6) Destination of fish......................................
- ........................................................
- (7) Quantity unloaded
- Yellowfin Skipjack Bigeye Marlin Other Unit of Measurement Accepted................................... Rejected.................................. Signatures
- ..................................................
- Vessel Master Receiving Agent
- 1. For the purposes of this Annex:
- (a) “Licensing Period” means the period of validity of licences issued in accordance with this Treaty.
- 2. The Government of the United States shall make application for a licence in respect of any fishing vessel of the United States intended by the operator to be
- 3. Licences issued pursuant to this Treaty shall not take effect until the Administrator has received payment, free of any charges whatsoever, of the amounts se
- 4. Subject to paragraph 5, a licence may be denied:
- (a) where the application is not in accordance with the requirements of paragraph 2;
- (b) where the owner or charterer is the subject of proceedings under the bankruptcy laws of the United States, unless reasonable financial assurances have been
- (c) where the vessel in respect of which application for a licence has been made does not have good standing on the Regional Register of Foreign Fishing Vessels
- (i) good standing is withdrawn only as a result of:
- (A) the commission of a serious offence against fisheries laws or regulations of a Pacific Island State and the operator has not fully complied with any civil o
- (B) evidence existing that gives reasonable cause to believe that the operator has committed a serious offence against the fisheries laws or regulations of any
- (C) the vessel operator has failed to comply with information requirements for registration as notified by the Administrator to the Government of the United Sta
- (ii) the Pacific Island party requesting withdrawal of good standing has first consulted the Government of the United States and has made all reasonable efforts
- (iii) in the event of a request for withdrawal of good standing from the Regional Register of Foreign Fishing Vessels of a vessel licensed pursuant to this Trea
- (iv) following a withdrawal of good standing the Pacific Island party involved promptly advises the Government of the United States in writing of the reason for
- (d) where there has been a failure to satisfy a final judgment or other final determination for a breach of this Treaty by the owner, charterer or master of the
- (e) where an operator has committed, or the vessel has been used for:
- (i) a violation of this Treaty, providing that the Pacific Island parties, following consultation with the Government of the United States, determine that the v
- (ii) any violation of this Treaty on more than one occasion, providing that the Pacific Island parties, following consultation with the Government of the United
- 5. A maximum number of licences may be issued for any Licensing Period as set out in Schedule 2, and, upon request by the Government of the United States, the P
- 6. On receipt of an application for a licence in accordance with this Annex, the Administrator shall take the necessary steps to ensure that:
- (a) a licence in the form set out in Schedule 3 in respect of the vessel identified in the application; or
- (b) a statement setting out the reasons that a licence in respect of the vessel identified in the application is denied together with a refund of the amount or
- is promptly provided to the Government of the United States.
- APPLICATION FORM
- Application is hereby made for a licence authorising the use of the vessel named in this application for fishing in the Licensing Area.
- 1. FULL NAME OF VESSEL:...............................
- 2. RADIO CALL SIGN OF VESSEL:..........................
- 3. REGIONAL REGISTER NUMBER OF VESSEL:...............
- 4. FULL NAME AND ADDRESS OF EACH PERSON WHO IS AN OPERATOR OF THE VESSEL, AND STATE WHETHER OWNER, CHARTERER, MASTER OR OTHER. IF OTHER, SPECIFY DETAILS:
- ....................................................
- ....................................................
- 5. FULL NAME AND ADDRESS OF INSURER FOR PURPOSES OF ARTICLE 4.3 (a) OF THE TREATY:
- ....................................................
- 6. REGISTRATION NUMBER AND MAKE OF HELICOPTER, IF ANY, TO BE CARRIED ON VESSEL:
- ....................................................
- 7. REGISTRATION NUMBER AND MAKE OF ANY AIRCRAFT TO BE USED IN ASSOCIATION WITH FISHING ACTIVITIES AND NAME AND ADDRESS OF OPERATOR:
- ....................................................
- 8. STATE WHETHER OWNER OR CHARTERER IS THE SUBJECT OF PROCEEDINGS UNDER THE BANKRUPTCY LAWS OF THE UNITED STATES:
- 9. STATE WHETHER OPERATOR OR VESSEL HAS BEEN INVOLVED IN A VIOLATION OF THIS TREATY. IF YES, SPECIFY DETAILS:
- ....................................................
- .................................................
- Date of application Director of the Southwest Region National Marine Fisheries Service National Oceanic and Atmospheric Administration
- The following amounts are payable annually for a period of five (5) years pursuant to paragraph 3 of Annex II.
- 1. The amounts payable as set forth in this paragraph.
- (a) Annual industry payments shall be made as follows:
- (i) for the first annual Licensing Period, a lump sum of US$1.75 million for 35 vessels, with the next five licences to be made available for the same pro-rata
- (ii) for subsequent annual Licensing Periods, 40 vessel licences calculated on the same basis as the first 40 vessel licences in sub-paragraph (i) and indexed t
- (b) The indexation shall be applied as follows:
- (i) DEFINITIONS
- A. Base Vessel Payment: The Base Vessel Payment is US$50,000 for the first 40 vessels to be licensed and US$60,000 for vessels to be licensed in excess of 40 ve
- B. Adjusted Individual Vessel Payment: The Adjusted Individual Vessel Payment is the individual vessel payment of each annual Licensing Period after the first a
- C. Landed Price: The Landed Price is the published standard price per ton (American Tuna Sales Association) for fish delivered to American Samoa prevailing at t
- D. Average Landed Price: The Average Landed Price is calculated by averaging the established landed price categories for yellowfin and skipjack tuna in American
- E. Base Price: The Base Price is the Average Landed Price for the three months prior to the Treaty entering into force.
- F. Estimated Landed Value: The Estimated Landed Value is the Average Landed Price in effect at the time of a vessel’s landing weighted by the yellowfin/skipjack
- G. Average Estimated Landed Value: The Average Estimated Landed Value is the Estimated Landed Value for all landings by United States purse seine vessels in Ame
- (ii) CALCULATION AND APPLICATION OF INDEXING FACTOR
- A. To obtain the indexing factor by which the Adjusted Individual Vessel Payment shall be calculated, divide the Average Estimated Landed Value for the precedin
- B. To obtain the Adjusted Individual Vessel Payment, multiply the Base Vessel Payment by the indexing factor obtained in Paragraph (ii) A.
- C. In no case shall the Adjusted Individual Vessel Payment be less than the Base Vessel Payment.
- (iii) NOTIFICATIONS
- The established prices and any changes shall be supplied to the Administrator by the Government of the United States within ten (10) days of their publication.
- (iv) CONSULTATIONS
- If the established price categories are revised, or if there is a change in the tuna industry structure which makes the price calculations as set forth above in
- (c) There shall be no pro-ration of the Base Vessel Payment or the Adjusted Individual Vessel Payment. There shall be no refunds of the Base Vessel Payment or t
- 2. Sums payable pursuant to the related Agreement between the South Pacific Forum Fisheries Agency and the Government of the United States.
- 3. Technical assistance, including provision of assistance by technicians, by the United States tuna industry valued at US$250,000 annually in response to reque
- Full name of vessel:...........................................
- Radio call sign of vessel:........................................
- Regional register number of vessel:................................
- Helicopter or other aircraft which may be used in association with the fishing activities of the vessel:......
- Period of validity:
- The period of validity of this licence shall be no longer than one year:
- From................., 19...
- To..................., 19...
- ...........................
- For and on behalf of the Pacific Island parties
- Date of issue:................
- Licence number:..............
- Warning: It is an offence against the laws of many nations, including the United States of America, to violate the requirements of Annex I. Penalties may includ
- Schedule 2 · Fish Stocks Agreement
- Note: See subsection 4(1) (definition of Fish Stocks Agreement).
- 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 M
- The States Parties to this Agreement,
- Recalling the relevant provisions of the United Nations Convention on the Law of the Sea of 10 December 1982,
- Determined to ensure the long-term conservation and sustainable use of straddling fish stocks and highly migratory fish stocks,
- Resolved to improve cooperation between States to that end,
- Calling for more effective enforcement by flag States, port States and coastal States of the conservation and management measures adopted for such stocks,
- Seeking to address in particular the problems identified in chapter 17, programme area C, of Agenda 21 adopted by the United Nations Conference on Environment a
- Committing themselves to responsible fisheries,
- Conscious of the need to avoid adverse impacts on the marine environment, preserve biodiversity, maintain the integrity of marine ecosystems and minimize the ri
- Recognizing the need for specific assistance, including financial, scientific and technological assistance, in order that developing States can participate effe
- Convinced that an agreement for the implementation of the relevant provisions of the Convention would best serve these purposes and contribute to the maintenanc
- Affirming that matters not regulated by the Convention or by this Agreement continue to be governed by the rules and principles of general international law,
- Have agreed as follows:
- PART I
- GENERAL PROVISIONS
- Article 1
- Use of terms and scope
- 1. For the purposes of this Agreement:
- (a) “Convention” means the United Nations Convention on the Law of the Sea of 10 December 1982;
- (b) “conservation and management measures” means measures to conserve and manage one or more species of living marine resources that are adopted and applied con
- (c) “fish” includes molluscs and crustaceans except those belonging to sedentary species as defined in article 77 of the Convention; and
- (d) “arrangement” means a cooperative mechanism established in accordance with the Convention and this Agreement by two or more States for the purpose, inter al
- 2. (a) “States Parties” means States which have consented to be bound by this Agreement and for which the Agreement is in force.
- (b) This Agreement applies mutatis mutandis:
- (i) to any entity referred to in article 305, paragraph 1(c), (d) and (e), of the Convention and
- (ii) subject to article 47, to any entity referred to as an “international organization” in Annex IX, article 1, of the Convention
- which becomes a Party to this Agreement, and to that extent “States Parties” refers to those entities.
- 3. This Agreement applies mutatis mutandis to other fishing entities whose vessels fish on the high seas.
- Article 2
- Objective
- The objective of this Agreement is to ensure the long-term conservation and sustainable use of straddling fish stocks and highly migratory fish stocks through e
- Article 3
- Application
- 1. Unless otherwise provided, this Agreement applies to the conservation and management of straddling fish stocks and highly migratory fish stocks beyond areas
- 2. In the exercise of its sovereign rights for the purpose of exploring and exploiting, conserving and managing straddling fish stocks and highly migratory fish
- 3. States shall give due consideration to the respective capacities of developing States to apply articles 5, 6 and 7 within areas under national jurisdiction a
- Article 4
- Relationship between this Agreement
- and the Convention
- Nothing in this Agreement shall prejudice the rights, jurisdiction and duties of States under the Convention. This Agreement shall be interpreted and applied in
- PART II
- CONSERVATION AND MANAGEMENT OF STRADDLING
- FISH STOCKS AND HIGHLY MIGRATORY FISH
- STOCKS
- Article 5
- General principles
- In order to conserve and manage straddling fish stocks and highly migratory fish stocks, coastal States and States fishing on the high seas shall, in giving eff
- (a) adopt measures to ensure long-term sustainability of straddling fish stocks and highly migratory fish stocks and promote the objective of their optimum util
- (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
- (c) apply the precautionary approach in accordance with article 6;
- (d) assess the impacts of fishing, other human activities and environmental factors on target stocks and species belonging to the same ecosystem or associated w
- (e) adopt, where necessary, conservation and management measures for species belonging to the same ecosystem or associated with or dependent upon the target sto
- (f) minimize pollution, waste, discards, catch by lost or abandoned gear, catch of non-target species, both fish and non-fish species, (hereinafter referred to
- (g) protect biodiversity in the marine environment;
- (h) take measures to prevent or eliminate overfishing and excess fishing capacity and to ensure that levels of fishing effort do not exceed those commensurate w
- (i) take into account the interests of artisanal and subsistence fishers;
- (j) collect and share, in a timely manner, complete and accurate data concerning fishing activities on, inter alia, vessel position, catch of target and non-tar
- (k) promote and conduct scientific research and develop appropriate technologies in support of fishery conservation and management; and
- (l) implement and enforce conservation and management measures through effective monitoring, control and surveillance.
- Article 6
- Application of the precautionary approach
- 1. States shall apply the precautionary approach widely to conservation, management and exploitation of straddling fish stocks and highly migratory fish stocks
- 2. States shall be more cautious when information is uncertain, unreliable or inadequate. The absence of adequate scientific information shall not be used as a
- 3. In implementing the precautionary approach, States shall:
- (a) improve decision-making for fishery resource conservation and management by obtaining and sharing the best scientific information available and implementing
- (b) apply the guidelines set out in Annex II and determine, on the basis of the best scientific information available, stock-specific reference points and the a
- (c) take into account, inter alia, uncertainties relating to the size and productivity of the stocks, reference points, stock condition in relation to such refe
- (d) develop data collection and research programs to assess the impact of fishing on non-target and associated or dependent species and their environment, and a
- 4. States shall take measures to ensure that, when reference points are approached, they will not be exceeded. In the event that they are exceeded, States shall
- 5. Where the status of target stocks or non-target or associated or dependent species is of concern, States shall subject such stocks and species to enhanced mo
- 6. For new or exploratory fisheries, States shall adopt as soon as possible cautious conservation and management measures, including, inter alia, catch limits a
- 7. If a natural phenomenon has a significant adverse impact on the status of straddling fish stocks or highly migratory fish stocks, States shall adopt conserva
- Article 7
- Compatibility of conservation and
- management measures
- 1. Without prejudice to the sovereign rights of coastal States for the purpose of exploring and exploiting, conserving and managing the living marine resources
- (a) with respect to straddling fish stocks, the relevant coastal States and the States whose nationals fish for such stocks in the adjacent high seas area shall
- (b) with respect to highly migratory fish stocks, the relevant coastal States and other States whose nationals fish for such stocks in the region shall cooperat
- 2. Conservation and management measures established for the high seas and those adopted for areas under national jurisdiction shall be compatible in order to en
- (a) take into account the conservation and management measures adopted and applied in accordance with article 61 of the Convention in respect of the same stocks
- (b) take into account previously agreed measures established and applied for the high seas in accordance with the Convention in respect of the same stocks by re
- (c) take into account previously agreed measures established and applied in accordance with the Convention in respect of the same stocks by a subregional or reg
- (d) take into account the biological unity and other biological characteristics of the stocks and the relationships between the distribution of the stocks, the
- (e) take into account the respective dependence of the coastal States and the States fishing on the high seas on the stocks concerned; and
- (f) ensure that such measures do not result in harmful impact on the living marine resources as a whole.
- 3. In giving effect to their duty to cooperate, States shall make every effort to agree on compatible conservation and management measures within a reasonable p
- 4. If no agreement can be reached within a reasonable period of time, any of the States concerned may invoke the procedures for the settlement of disputes provi
- 5. Pending agreement on compatible conservation and management measures, the States concerned, in a spirit of understanding and cooperation, shall make every ef
- 6. Provisional arrangements or measures entered into or prescribed pursuant to paragraph 5 shall take into account the provisions of this Part, shall have due r
- 7. Coastal States shall regularly inform States fishing on the high seas in the subregion or region, either directly or through appropriate subregional or regio
- 8. States fishing on the high seas shall regularly inform other interested States, either directly or through appropriate subregional or regional fisheries mana
- PART III
- MECHANISMS FOR INTERNATIONAL COOPERATION
- CONCERNING STRADDLING FISH STOCKS AND
- HIGHLY MIGRATORY FISH STOCKS
- Article 8
- Cooperation for conservation and management
- 1. Coastal States and States fishing on the high seas shall, in accordance with the Convention, pursue cooperation in relation to straddling fish stocks and hig
- 2. States shall enter into consultations in good faith and without delay, particularly where there is evidence that the straddling fish stocks and highly migrat
- 3. Where a subregional or regional fisheries management organization or arrangement has the competence to establish conservation and management measures for par
- 4. Only those States which are members of such an organization or participants in such an arrangement, or which agree to apply the conservation and management m
- 5. Where there is no subregional or regional fisheries management organization or arrangement to establish conservation and management measures for a particular
- 6. Any State intending to propose that action be taken by an intergovernmental organization having competence with respect to living resources should, where suc
- Article 9
- Subregional and regional fisheries management
- organizations and arrangements
- 1. In establishing subregional or regional fisheries management organizations or in entering into subregional or regional fisheries management arrangements for
- (a) the stocks to which conservation and management measures apply, taking into account the biological characteristics of the stocks concerned and the nature of
- (b) the area of application, taking into account article 7, paragraph 1, and the characteristics of the subregion or region, including socio-economic, geographi
- (c) the relationship between the work of the new organization or arrangement and the role, objectives and operations of any relevant existing fisheries manageme
- (d) the mechanisms by which the organization or arrangement will obtain scientific advice and review the status of the stocks, including, where appropriate, the
- 2. States cooperating in the formation of a subregional or regional fisheries management organization or arrangement shall inform other States which they are aw
- Article 10
- Functions of subregional and regional
- fisheries management organizations
- and arrangements
- In fulfilling their obligation to cooperate through subregional or regional fisheries management organizations or arrangements, States shall:
- (a) agree on and comply with conservation and management measures to ensure the long-term sustainability of straddling fish stocks and highly migratory fish sto
- (b) agree, as appropriate, on participatory rights such as allocations of allowable catch or levels of fishing effort;
- (c) adopt and apply any generally recommended international minimum standards for the responsible conduct of fishing operations;
- (d) obtain and evaluate scientific advice, review the status of the stocks and assess the impact of fishing on non-target and associated or dependent species;
- (e) agree on standards for collection, reporting, verification and exchange of data on fisheries for the stocks;
- (f) compile and disseminate accurate and complete statistical data, as described in Annex I, to ensure that the best scientific evidence is available, while mai
- (g) promote and conduct scientific assessments of the stocks and relevant research and disseminate the results thereof;
- (h) establish appropriate cooperative mechanisms for effective monitoring, control, surveillance and enforcement;
- (i) agree on means by which the fishing interests of new members of the organization or new participants in the arrangement will be accommodated;
- (j) agree on decision-making procedures which facilitate the adoption of conservation and management measures in a timely and effective manner;
- (k) promote the peaceful settlement of disputes in accordance with Part VIII;
- (l) ensure the full cooperation of their relevant national agencies and industries in implementing the recommendations and decisions of the organization or arra
- (m) give due publicity to the conservation and management measures established by the organization or arrangement.
- Article 11
- New members or participants
- In determining the nature and extent of participatory rights for new members of a subregional or regional fisheries management organization, or for new particip
- (a) the status of the straddling fish stocks and highly migratory fish stocks and the existing level of fishing effort in the fishery;
- (b) the respective interests, fishing patterns and fishing practices of new and existing members or participants;
- (c) the respective contributions of new and existing members or participants to conservation and management of the stocks, to the collection and provision of ac
- (d) the needs of coastal fishing communities which are dependent mainly on fishing for the stocks;
- (e) the needs of coastal States whose economies are overwhelmingly dependent on the exploitation of living marine resources; and
- (f) the interests of developing States from the subregion or region in whose areas of national jurisdiction the stocks also occur.
- Article 12
- Transparency in activities of subregional and regional
- fisheries management organizations and arrangements
- 1. States shall provide for transparency in the decision-making process and other activities of subregional and regional fisheries management organizations and
- 2. Representatives from other intergovernmental organizations and representatives from non-governmental organizations concerned with straddling fish stocks and
- Article 13
- Strengthening of existing organizations
- and arrangements
- States shall cooperate to strengthen existing subregional and regional fisheries management organizations and arrangements in order to improve their effectivene
- Article 14
- Collection and provision of information
- and cooperation in scientific research
- 1. States shall ensure that fishing vessels flying their flag provide such information as may be necessary in order to fulfil their obligations under this Agree
- (a) collect and exchange scientific, technical and statistical data with respect to fisheries for straddling fish stocks and highly migratory fish stocks;
- (b) ensure that data are collected in sufficient detail to facilitate effective stock assessment and are provided in a timely manner to fulfil the requirements
- (c) take appropriate measures to verify the accuracy of such data.
- 2. States shall cooperate, either directly or through subregional or regional fisheries management organizations or arrangements:
- (a) to agree on the specification of data and the format in which they are to be provided to such organizations or arrangements, taking into account the nature
- (b) to develop and share analytical techniques and stock assessment methodologies to improve measures for the conservation and management of straddling fish sto
- 3. Consistent with Part XIII of the Convention, States shall cooperate, either directly or through competent international organizations, to strengthen scientif
- Article 15
- Enclosed and semi-enclosed seas
- In implementing this Agreement in an enclosed or semi-enclosed sea, States shall take into account the natural characteristics of that sea and shall also act in
- Article 16
- Areas of high seas surrounded entirely by an
- area under the national jurisdiction of a
- single State
- 1. States fishing for straddling fish stocks and highly migratory fish stocks in an area of the high seas surrounded entirely by an area under the national juri
- 2. Pursuant to article 8, States shall act in good faith and make every effort to agree without delay on conservation and management measures to be applied in t
- PART IV
- NON-MEMBERS AND NON-PARTICIPANTS
- Article 17
- Non-members of organizations and
- non-participants in arrangements
- 1. A State which is not a member of a subregional or regional fisheries management organization or is not a participant in a subregional or regional fisheries m
- 2. Such State shall not authorize vessels flying its flag to engage in fishing operations for the straddling fish stocks or highly migratory fish stocks which a
- 3. States which are members of a subregional or regional fisheries management organization or participants in a subregional or regional fisheries management arr
- 4. States which are members of such organization or participants in such arrangement shall exchange information with respect to the activities of fishing vessel
- PART V
- DUTIES OF THE FLAG STATE
- Article 18
- Duties of the flag State
- 1. A State whose vessels fish on the high seas shall take such measures as may be necessary to ensure that vessels flying its flag comply with subregional and r
- 2. A State shall authorize the use of vessels flying its flag for fishing on the high seas only where it is able to exercise effectively its responsibilities in
- 3. Measures to be taken by a State in respect of vessels flying its flag shall include:
- (a) control of such vessels on the high seas by means of fishing licences, authorizations or permits, in accordance with any applicable procedures agreed at the
- (b) establishment of regulations:
- (i) to apply terms and conditions to the licence, authorization or permit sufficient to fulfil any subregional, regional or global obligations of the flag State
- (ii) to prohibit fishing on the high seas by vessels which are not duly licensed or authorized to fish, or fishing on the high seas by vessels otherwise than in
- (iii) to require vessels fishing on the high seas to carry the licence, authorization or permit on board at all times and to produce it on demand for inspection
- (iv) to ensure that vessels flying its flag do not conduct unauthorized fishing within areas under the national jurisdiction of other States;
- (c) establishment of a national record of fishing vessels authorized to fish on the high seas and provision of access to the information contained in that recor
- (d) requirements for marking of fishing vessels and fishing gear for identification in accordance with uniform and internationally recognizable vessel and gear
- (e) requirements for recording and timely reporting of vessel position, catch of target and non-target species, fishing effort and other relevant fisheries data
- (f) requirements for verifying the catch of target and non-target species through such means as observer programs, inspection schemes, unloading reports, superv
- (g) monitoring, control and surveillance of such vessels, their fishing operations and related activities by, inter alia:
- (i) the implementation of national inspection schemes and subregional and regional schemes for cooperation in enforcement pursuant to articles 21 and 22, includ
- (ii) the implementation of national observer programs and subregional and regional observer programmes in which the flag State is a participant, including requi
- (iii) the development and implementation of vessel monitoring systems, including, as appropriate, satellite transmitter systems, in accordance with any national
- (h) regulation of transshipment on the high seas to ensure that the effectiveness of conservation and management measures is not undermined; and
- (i) regulation of fishing activities to ensure compliance with subregional, regional or global measures, including those aimed at minimizing catches of non-targ
- 4. Where there is a subregionally, regionally or globally agreed system of monitoring, control and surveillance in effect, States shall ensure that the measures
- PART VI
- COMPLIANCE AND ENFORCEMENT
- Article 19
- Compliance and enforcement
- by the flag State
- 1. A State shall ensure compliance by vessels flying its flag with subregional and regional conservation and management measures for straddling fish stocks and
- (a) enforce such measures irrespective of where violations occur;
- (b) investigate immediately and fully any alleged violation of subregional or regional conservation and management measures, which may include the physical insp
- (c) require any vessel flying its flag to give information to the investigating authority regarding vessel position, catches, fishing gear, fishing operations a
- (d) if satisfied that sufficient evidence is available in respect of an alleged violation, refer the case to its authorities with a view to instituting proceedi
- (e) ensure that, where it has been established, in accordance with its laws, a vessel has been involved in the commission of a serious violation of such measure
- 2. All investigations and judicial proceedings shall be carried out expeditiously. Sanctions applicable in respect of violations shall be adequate in severity t
- Article 20
- International cooperation
- in enforcement
- 1. States shall cooperate, either directly or through subregional or regional fisheries management organizations or arrangements, to ensure compliance with and
- 2. A flag State conducting an investigation of an alleged violation of conservation and management measures for straddling fish stocks or highly migratory fish
- 3. A flag State may undertake such investigations directly, in cooperation with other interested States or through the relevant subregional or regional fisherie
- 4. States shall assist each other in identifying vessels reported to have engaged in activities undermining the effectiveness of subregional, regional or global
- 5. States shall, to the extent permitted by national laws and regulations, establish arrangements for making available to prosecuting authorities in other State
- 6. Where there are reasonable grounds for believing that a vessel on the high seas has been engaged in unauthorized fishing within an area under the jurisdictio
- 7. States Parties which are members of a subregional or regional fisheries management organization or participants in a subregional or regional fisheries manage
- Article 21
- Subregional and regional cooperation
- in enforcement
- 1. In any high seas area covered by a subregional or regional fisheries management organization or arrangement, a State Party which is a member of such organiza
- 2. States shall establish, through subregional or regional fisheries management organizations or arrangements, procedures for boarding and inspection pursuant t
- 3. If, within two years of the adoption of this Agreement, any organization or arrangement has not established such procedures, boarding and inspection pursuant
- 4. Prior to taking action under this article, inspecting States shall, either directly or through the relevant subregional or regional fisheries management orga
- 5. Where, following a boarding and inspection, there are clear grounds for believing that a vessel has engaged in any activity contrary to the conservation and
- 6. The flag State shall respond to the notification referred to in paragraph 5 within three working days of its receipt, or such other period as may be prescrib
- (a) fulfil, without delay, its obligations under article 19 to investigate and, if evidence so warrants, take enforcement action with respect to the vessel, in
- (b) authorize the inspecting State to investigate.
- 7. Where the flag State authorizes the inspecting State to investigate an alleged violation, the inspecting State shall, without delay, communicate the results
- 8. Where, following boarding and inspection, there are clear grounds for believing that a vessel has committed a serious violation, and the flag State has eithe
- 9. The inspecting State shall inform the flag State and the relevant organization or the participants in the relevant arrangement of the results of any further
- 10. The inspecting State shall require its inspectors to observe generally accepted international regulations, procedures and practices relating to the safety o
- 11. For the purposes of this article, a serious violation means:
- (a) fishing without a valid licence, authorization or permit issued by the flag State in accordance with article 18, paragraph 3(a);
- (b) failing to maintain accurate records of catch and catch-related data, as required by the relevant subregional or regional fisheries management organization
- (c) fishing in a closed area, fishing during a closed season or fishing without, or after attainment of, a quota established by the relevant subregional or regi
- (d) directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited;
- (e) using prohibited fishing gear;
- (f) falsifying or concealing the markings, identity or registration of a fishing vessel;
- (g) concealing, tampering with or disposing of evidence relating to an investigation;
- (h) multiple violations which together constitute a serious disregard of conservation and management measures; or
- (i) such other violations as may be specified in procedures established by the relevant subregional or regional fisheries management organization or arrangement
- 12. Notwithstanding the other provisions of this article, the flag State may, at any time, take action to fulfil its obligations under article 19 with respect t
- 13. This article is without prejudice to the right of the flag State to take any measures, including proceedings to impose penalties, according to its laws.
- 14. This article applies mutatis mutandis to boarding and inspection by a State Party which is a member of a subregional or regional fisheries management organi
- 15. Where a subregional or regional fisheries management organization or arrangement has established an alternative mechanism which effectively discharges the o
- 16. Action taken by States other than the flag State in respect of vessels having engaged in activities contrary to subregional or regional conservation and man
- 17. Where there are reasonable grounds for suspecting that a fishing vessel on the high seas is without nationality, a State may board and inspect the vessel. W
- 18. States shall be liable for damage or loss attributable to them arising from action taken pursuant to this article when such action is unlawful or exceeds th
- Article 22
- Basic procedures for boarding and
- inspection pursuant to article 21
- 1. The inspecting State shall ensure that its duly authorized inspectors:
- (a) present credentials to the master of the vessel and produce a copy of the text of the relevant conservation and management measures or rules and regulations
- (b) initiate notice to the flag State at the time of the boarding and inspection;
- (c) do not interfere with the master’s ability to communicate with the authorities of the flag State during the boarding and inspection;
- (d) provide a copy of a report on the boarding and inspection to the master and to the authorities of the flag State, noting therein any objection or statement
- (e) promptly leave the vessel following completion of the inspection if they find no evidence of a serious violation; and
- (f) avoid the use of force except when and to the degree necessary to ensure the safety of the inspectors and where the inspectors are obstructed in the executi
- 2. The duly authorized inspectors of an inspecting State shall have the authority to inspect the vessel, its licence, gear, equipment, records, facilities, fish
- 3. The flag State shall ensure that vessel masters:
- (a) accept and facilitate prompt and safe boarding by the inspectors;
- (b) cooperate with and assist in the inspection of the vessel conducted pursuant to these procedures;
- (c) do not obstruct, intimidate or interfere with the inspectors in the performance of their duties;
- (d) allow the inspectors to communicate with the authorities of the flag State and the inspecting State during the boarding and inspection;
- (e) provide reasonable facilities, including, where appropriate, food and accommodation, to the inspectors; and
- (f) facilitate safe disembarkation by the inspectors.
- 4. In the event that the master of a vessel refuses to accept boarding and inspection in accordance with this article and article 21, the flag State shall, exce
- Article 23
- 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 glo
- 2. A port State may, inter alia, inspect documents, fishing gear and catch on board fishing vessels, when such vessels are voluntarily in its ports or at its of
- 3. States may adopt regulations empowering the relevant national authorities to prohibit landings and transshipments where it has been established that the catc
- 4. Nothing in this article affects the exercise by States of their sovereignty over ports in their territory in accordance with international law.
- PART VII
- REQUIREMENTS OF DEVELOPING STATES
- Article 24
- Recognition of the special requirements
- of developing States
- 1. States shall give full recognition to the special requirements of developing States in relation to conservation and management of straddling fish stocks and
- 2. In giving effect to the duty to cooperate in the establishment of conservation and management measures for straddling fish stocks and highly migratory fish s
- (a) the vulnerability of developing States which are dependent on the exploitation of living marine resources, including for meeting the nutritional requirement
- (b) the need to avoid adverse impacts on, and ensure access to fisheries by, subsistence, small-scale and artisanal fishers and women fishworkers, as well as in
- (c) the need to ensure that such measures do not result in transferring, directly or indirectly, a disproportionate burden of conservation action onto developin
- Article 25
- Forms of cooperation with
- developing States
- 1. States shall cooperate, either directly or through subregional, regional or global organizations:
- (a) to enhance the ability of developing States, in particular the least-developed among them and small island developing States, to conserve and manage straddl
- (b) to assist developing States, in particular the least-developed among them and small island developing States, to enable them to participate in high seas fis
- (c) to facilitate the participation of developing States in subregional and regional fisheries management organizations and arrangements.
- 2. Cooperation with developing States for the purposes set out in this article shall include the provision of financial assistance, assistance relating to human
- 3. Such assistance shall, inter alia, be directed specifically towards:
- (a) improved conservation and management of straddling fish stocks and highly migratory fish stocks through collection, reporting, verification, exchange and an
- (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 natio
- Article 26
- Special assistance in the implementation
- of this Agreement
- 1. States shall cooperate to establish special funds to assist developing States in the implementation of this Agreement, including assisting developing States
- 2. States and international organizations should assist developing States in establishing new subregional or regional fisheries management organizations or arra
- PART VIII
- PEACEFUL SETTLEMENT OF DISPUTES
- Article 27
- Obligation to settle disputes
- by peaceful means
- States have the obligation to settle their disputes by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agenc
- Article 28
- Prevention of disputes
- States shall cooperate in order to prevent disputes. To this end, States shall agree on efficient and expeditious decision-making procedures within subregional
- Article 29
- Disputes of a technical nature
- Where a dispute concerns a matter of a technical nature, the States concerned may refer the dispute to an ad hoc expert panel established by them. The panel sha
- Article 30
- Procedures for the settlement
- of disputes
- 1. The provisions relating to the settlement of disputes set out in Part XV of the Convention apply mutatis mutandis to any dispute between States Parties to th
- 2. The provisions relating to the settlement of disputes set out in Part XV of the Convention apply mutatis mutandis to any dispute between States Parties to th
- 3. Any procedure accepted by a State Party to this Agreement and the Convention pursuant to article 287 of the Convention shall apply to the settlement of dispu
- 4. A State Party to this Agreement which is not a Party to the Convention, when signing, ratifying or acceding to this Agreement, or at any time thereafter, sha
- 5. Any court or tribunal to which a dispute has been submitted under this Part shall apply the relevant provisions of the Convention, of this Agreement and of a
- Article 31
- Provisional measures
- 1. Pending the settlement of a dispute in accordance with this Part, the parties to the dispute shall make every effort to enter into provisional arrangements o
- 2. Without prejudice to article 290 of the Convention, the court or tribunal to which the dispute has been submitted under this Part may prescribe any provision
- 3. A State Party to this Agreement which is not a Party to the Convention may declare that, notwithstanding article 290, paragraph 5, of the Convention, the Int
- Article 32
- Limitations on applicability of procedures
- for the settlement of disputes
- Article 297, paragraph 3, of the Convention applies also to this Agreement.
- PART IX
- NON-PARTIES TO THIS AGREEMENT
- Article 33
- Non-parties to this Agreement
- 1. States Parties shall encourage non-parties to this Agreement to become parties thereto and to adopt laws and regulations consistent with its provisions.
- 2. States Parties shall take measures consistent with this Agreement and international law to deter the activities of vessels flying the flag of non-parties whi
- PART X
- GOOD FAITH AND ABUSE OF RIGHTS
- Article 34
- Good faith and abuse of rights
- States Parties shall fulfil in good faith the obligations assumed under this Agreement and shall exercise the rights recognized in this Agreement in a manner wh
- PART XI
- RESPONSIBILITY AND LIABILITY
- Article 35
- Responsibility and liability
- States Parties are liable in accordance with international law for damage or loss attributable to them in regard to this Agreement.
- PART XII
- REVIEW CONFERENCE
- Article 36
- Review conference
- 1. Four years after the date of entry into force of this Agreement, the Secretary-General of the United Nations shall convene a conference with a view to assess
- 2. The conference shall review and assess the adequacy of the provisions of this Agreement and, if necessary, propose means of strengthening the substance and m
- PART XIII
- FINAL PROVISIONS
- Article 37
- Signature
- This Agreement shall be open for signature by all States and the other entities referred to in article 1, paragraph 2(b), and shall remain open for signature at
- Article 38
- Ratification
- This Agreement is subject to ratification by States and the other entities referred to in article 1, paragraph 2(b). The instruments of ratification shall be de
- Article 39
- Accession
- This Agreement shall remain open for accession by States and the other entities referred to in article 1, paragraph 2(b). The instruments of accession shall be
- Article 40
- Entry into force
- 1. This Agreement shall enter into force 30 days after the date of deposit of the thirtieth instrument of ratification or accession.
- 2. For each State or entity which ratifies the Agreement or accedes thereto after the deposit of the thirtieth instrument of ratification or accession, this Agr
- Article 41
- Provisional application
- 1. This Agreement shall be applied provisionally by a State or entity which consents to its provisional application by so notifying the depositary in writing. S
- 2. Provisional application by a State or entity shall terminate upon the entry into force of this Agreement for that State or entity or upon notification by tha
- Article 42
- Reservations and exceptions
- No reservations or exceptions may be made to this Agreement.
- Article 43
- Declarations and statements
- Article 42 does not preclude a State or entity, when signing, ratifying or acceding to this Agreement, from making declarations or statements, however phrased o
- Article 44
- Relation to other agreements
- 1. This Agreement shall not alter the rights and obligations of States Parties which arise from other agreements compatible with this Agreement and which do not
- 2. Two or more States Parties may conclude agreements modifying or suspending the operation of provisions of this Agreement, applicable solely to the relations
- 3. States Parties intending to conclude an agreement referred to in paragraph 2 shall notify the other States Parties through the depositary of this Agreement o
- Article 45
- Amendment
- 1. A State Party may, by written communication addressed to the Secretary-General of the United Nations, propose amendments to this Agreement and request the co
- 2. The decision-making procedure applicable at the amendment conference convened pursuant to paragraph 1 shall be the same as that applicable at the United Nati
- 3. Once adopted, amendments to this Agreement shall be open for signature at United Nations Headquarters by States Parties for twelve months from the date of ad
- 4. Articles 38, 39, 47 and 50 apply to all amendments to this Agreement.
- 5. Amendments to this Agreement shall enter into force for the States Parties ratifying or acceding to them on the thirtieth day following the deposit of instru
- 6. An amendment may provide that a smaller or a larger number of ratifications or accessions shall be required for its entry into force than are required by thi
- 7. A State which becomes a Party to this Agreement after the entry into force of amendments in accordance with paragraph 5 shall, failing an expression of a dif
- (a) be considered as a Party to this Agreement as so amended; and
- (b) be considered as a Party to the unamended Agreement in relation to any State Party not bound by the amendment.
- Article 46
- Denunciation
- 1. A State Party may, by written notification addressed to the Secretary-General of the United Nations, denounce this Agreement and may indicate its reasons. Fa
- 2. The denunciation shall not in any way affect the duty of any State Party to fulfil any obligation embodied in this Agreement to which it would be subject und
- Article 47
- Participation in international
- organizations
- 1. In cases where an international organization referred to in Annex IX, article 1, of the Convention does not have competence over all the matters governed by
- (a) article 2, first sentence; and
- (b) article 3, paragraph 1.
- 2. In cases where an international organization referred to in Annex IX, article 1, of the Convention has competence over all the matters governed by this Agree
- (a) at the time of signature or accession, such international organization shall make a declaration stating:
- (i) that it has competence over all the matters governed by this Agreement;
- (ii) that, for this reason, its member States shall not become States Parties, except in respect of their territories for which the international organization h
- (iii) that it accepts the rights and obligations of States under this Agreement;
- (b) participation of such an international organization shall in no case confer any rights under this Agreement on member States of the international organizati
- (c) in the event of a conflict between the obligations of an international organization under this Agreement and its obligations under the agreement establishin
- Article 48
- Annexes
- 1. The Annexes form an integral part of this Agreement and, unless expressly provided otherwise, a reference to this Agreement or to one of its Parts includes a
- 2. The Annexes may be revised from time to time by States Parties. Such revisions shall be based on scientific and technical considerations. Notwithstanding the
- Article 49
- Depositary
- The Secretary-General of the United Nations shall be the depositary of this Agreement and any amendments or revisions thereto.
- Article 50
- Authentic texts
- The Arabic, Chinese, English, French, Russian and Spanish texts of this Agreement are equally authentic.
- IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized thereto, have signed this Agreement.
- OPENED FOR SIGNATURE at New York, this fourth day of December, one thousand nine hundred and ninety-five, in a single original, in the Arabic, Chinese, English,
- ANNEX I
- STANDARD REQUIREMENTS FOR THE
- COLLECTION AND SHARING OF DATA
- Article 1
- General principles
- 1. The timely collection, compilation and analysis of data are fundamental to the effective conservation and management of straddling fish stocks and highly mig
- 2. Assistance, including training as well as financial and technical assistance, shall be provided to developing States in order to build capacity in the field
- Article 2
- Principles of data collection,
- compilation and exchange
- The following general principles should be considered in defining the parameters for collection, compilation and exchange of data from fishing operations for st
- (a) States should ensure that data are collected from vessels flying their flag on fishing activities according to the operational characteristics of each fishi
- (b) States should ensure that fishery data are verified through an appropriate system;
- (c) States should compile fishery-related and other supporting scientific data and provide them in an agreed format and in a timely manner to the relevant subre
- (d) States should agree, within the framework of subregional or regional fisheries management organizations or arrangements, or otherwise, on the specification
- (e) such organizations or arrangements shall compile data and make them available in a timely manner and in an agreed format to all interested States under the
- (f) scientists of the flag State and from the relevant subregional or regional fisheries management organization or arrangement should analyse the data separate
- Article 3
- Basic fishery data
- 1. States shall collect and make available to the relevant subregional or regional fisheries management organization or arrangement the following types of data
- (a) time series of catch and effort statistics by fishery and fleet;
- (b) total catch in number, nominal weight, or both, by species (both target and non-target) as is appropriate to each fishery. [Nominal weight is defined by the
- (c) discard statistics, including estimates where necessary, reported as number or nominal weight by species, as is appropriate to each fishery;
- (d) effort statistics appropriate to each fishing method; and
- (e) fishing location, date and time fished and other statistics on fishing operations as appropriate.
- 2. States shall also collect where appropriate and provide to the relevant subregional or regional fisheries management organization or arrangement information
- (a) composition of the catch according to length, weight and sex;
- (b) other biological information supporting stock assessments such as information on age, growth, recruitment, distribution and stock identity; and
- (c) other relevant research, including surveys of abundance, biomass surveys, hydro-acoustic surveys, research on environmental factors affecting stock abundanc
- Article 4
- Vessel data and information
- 1. States should collect the following types of vessel-related data for standardizing fleet composition and vessel fishing power and for converting between diff
- (a) vessel identification, flag and port of registry;
- (b) vessel type;
- (c) vessel specifications (e.g., material of construction, date built, registered length, gross registered tonnage, power of main engines, hold capacity and cat
- (d) fishing gear description (e.g., types, gear specifications and quantity).
- 2. The flag State will collect the following information:
- (a) navigation and position fixing aids;
- (b) communication equipment and international radio call sign; and
- (c) crew size.
- Article 5
- Reporting
- A State shall ensure that vessels flying its flag send to its national fisheries administration and, where agreed, to the relevant subregional or regional fishe
- Article 6
- Data verification
- States or, as appropriate, subregional or regional fisheries management organizations or arrangements should establish mechanisms for verifying fishery data, su
- (a) position verification through vessel monitoring systems;
- (b) scientific observer programs to monitor catch, effort, catch composition (target and non-target) and other details of fishing operations;
- (c) vessel trip, landing and transshipment reports; and
- (d) port sampling.
- Article 7
- Data exchange
- 1. Data collected by flag States must be shared with other flag States and relevant coastal States through appropriate subregional or regional fisheries managem
- 2. At the global level, collection and dissemination of data should be effected through the Food and Agriculture Organization of the United Nations. Where a sub
- ANNEX II
- GUIDELINES FOR THE APPLICATION OF PRECAUTIONARY REFERENCE POINTS IN CONSERVATION AND MANAGEMENT
- OF STRADDLING FISH STOCKS AND HIGHLY MIGRATORY
- FISH STOCKS
- 1. A precautionary reference point is an estimated value derived through an agreed scientific procedure, which corresponds to the state of the resource and of t
- 2. Two types of precautionary reference points should be used: conservation, or limit, reference points and management, or target, reference points. Limit refer
- 3. Precautionary reference points should be stock-specific to account, inter alia, for the reproductive capacity, the resilience of each stock and the character
- 4. Management strategies shall seek to maintain or restore populations of harvested stocks, and where necessary associated or dependent species, at levels consi
- 5. Fishery management strategies shall ensure that the risk of exceeding limit reference points is very low. If a stock falls below a limit reference point or i
- 6. When information for determining reference points for a fishery is poor or absent, provisional reference points shall be set. Provisional reference points ma
- 7. The fishing mortality rate which generates maximum sustainable yield should be regarded as a minimum standard for limit reference points. For stocks which ar
- Schedule 3 · Compliance Agreement
- Note: See subsection 4(1) (definition of Compliance Agreement).
- Agreement to Promote Compliance
- with International Conservation and Management Measures by Fishing Vessels on the High Seas
- PREAMBLE
- The Parties to this Agreement,
- Recognizing that all States have the right for their nationals to engage in fishing on the high seas, subject to the relevant rules of international law, as ref
- Further recognizing that, under international law as reflected in the United Nations Convention on the Law of the Sea, all States have the duty to take, or to c
- Acknowledging the right and interest of all States to develop their fishing sectors in accordance with their national policies, and the need to promote cooperat
- Recalling that Agenda 21, adopted by the United Nations Conference on Environment and Development, calls upon States to take effective action, consistent with i
- Further recalling that the Declaration of Cancun, adopted by the International Conference on Responsible Fishing, also calls on States to take action in this re
- Bearing in mind that under Agenda 21, States commit themselves to the conservation and sustainable use of marine living resources on the high seas,
- Calling upon States which do not participate in global, regional or subregional fisheries organizations or arrangements to join or, as appropriate, to enter int
- Conscious of the duties of every State to exercise effectively its jurisdiction and control over vessels flying its flag, including fishing vessels and vessels
- Mindful that the practice of flagging or reflagging fishing vessels as a means of avoiding compliance with international conservation and management measures fo
- Realizing that the objective of this Agreement can be achieved through specifying flag States’ responsibility in respect of fishing vessels entitled to fly thei
- Noting that this Agreement will form an integral part of the International Code of Conduct for Responsible Fishing called for in the Declaration of Cancun,
- Desiring to conclude an international agreement within the framework of the Food and Agriculture Organization of the United Nations, hereinafter referred to as
- Have agreed as follows:
- Article I
- DEFINITIONS
- For the purposes of this Agreement:
- (a) “fishing vessel” means any vessel used or intended for use for the purposes of the commercial exploitation of living marine resources, including mother ship
- (b) “international conservation and management measures” means measures to conserve or manage one or more species of living marine resources that are adopted an
- (c) “length” means
- (i) for any fishing vessel built after 18 July 1982, 96 percent of the total length on a waterline at 85 percent of the least moulded depth measured from the to
- (ii) for any fishing vessel built before 18 July 1982, registered length as entered on the national register or other record of vessels;
- (d) “record of fishing vessels” means a record of fishing vessels in which are recorded pertinent details of the fishing vessel. It may constitute a separate re
- (e) “regional economic integration organization” means a regional economic integration organization to which its member States have transferred competence over
- (f) “vessels entitled to fly its flag” and “vessels entitled to fly the flag of a State”, includes vessels entitled to fly the flag of a member State of a regio
- Article II
- APPLICATION
- 1. Subject to the following paragraphs of this Article, this Agreement shall apply to all fishing vessels that are used or intended for fishing on the high seas
- 2. A Party may exempt fishing vessels of less than 24 metres in length entitled to fly its flag from the application of this Agreement unless the Party determin
- (a) shall not be granted in respect of fishing vessels operating in fishing regions referred to in paragraph 3 below, other than fishing vessels that are entitl
- (b) shall not apply to the obligations undertaken by a Party under paragraph 1 of Article III, or paragraph 7 of Article VI of this Agreement.
- 3. Without prejudice to the provisions of paragraph 2 above, in any fishing region where bordering coastal States have not yet declared exclusive economic zones
- Article III
- FLAG STATE RESPONSIBILITY
- 1. (a) Each Party shall take such measures as may be necessary to ensure that fishing vessels entitled to fly its flag do not engage in any activity that underm
- (b) In the event that a Party has, pursuant to paragraph 2 of Article II, granted an exemption for fishing vessels of less than 24 metres in length entitled to
- 2. In particular, no Party shall allow any fishing vessel entitled to fly its flag to be used for fishing on the high seas unless it has been authorized to be s
- 3. No Party shall authorize any fishing vessel entitled to fly its flag to be used for fishing on the high seas unless the Party is satisfied that it is able, t
- 4. Where a fishing vessel that has been authorized to be used for fishing on the high seas by a Party ceases to be entitled to fly the flag of that Party, the a
- 5. (a) No Party shall authorize any fishing vessel previously registered in the territory of another Party that has undermined the effectiveness of internationa
- (ii) no authorization for such fishing vessel to be used for fishing on the high seas has been withdrawn by another Party within the last three years.
- (b) The provisions of subparagraph (a) above shall also apply in respect of fishing vessels previously registered in the territory of a State which is not a Par
- (c) The provisions of subparagraphs (a) and (b) shall not apply where the ownership of the fishing vessel has subsequently changed, and the new owner has provid
- (d) Notwithstanding the provisions of subparagraphs (a) and (b) above, a Party may authorize a fishing vessel, to which those subparagraphs would otherwise appl
- 6. Each party shall ensure that all fishing vessels entitled to fly its flag that it has entered in the record maintained under Article IV are marked in such a
- 7. Each Party shall ensure that each fishing vessel entitled to fly its flag shall provide it with such information on its operations as may be necessary to ena
- 8. Each Party shall take enforcement measures in respect of fishing vessels entitled to fly its flag which act in contravention of the provisions of this Agreem
- Article IV
- RECORDS OF FISHING VESSELS
- Each Party shall, for the purposes of this Agreement, maintain a record of fishing vessels entitled to fly its flag and authorized to be used for fishing on the
- Article V
- INTERNATIONAL COOPERATION
- 1. The Parties shall cooperate as appropriate in the implementation of this Agreement, and shall, in particular, exchange information, including evidentiary mat
- 2. When a fishing vessel is voluntarily in the port of a Party other than its flag State, that Party, where it has reasonable grounds for believing that the fis
- 3. The Parties shall, when and as appropriate, enter into cooperative agreements or arrangements of mutual assistance on a global, regional, subregional or bila
- Article VI
- EXCHANGE OF INFORMATION
- 1. Each Party shall make readily available to FAO the following information with respect to each fishing vessel entered in the record required to be maintained
- (a) name of fishing vessel, registration number, previous names (if known), and port of registry;
- (b) previous flag (if any);
- (c) International Radio Call Sign (if any);
- (d) name and address of owner or owners;
- (e) where and when built;
- (f) type of vessel;
- (g) length.
- 2. Each Party shall, to the extent practicable, make available to FAO the following additional information with respect to each fishing vessel entered in the re
- (a) name and address of operator (manager) or operators (managers) (if any);
- (b) type of fishing method or methods;
- (c) moulded depth;
- (d) beam;
- (e) gross register tonnage;
- (f) power of main engine or engines.
- 3. Each Party shall promptly notify to FAO any modifications to the information listed in paragraphs 1 and 2 of this Article.
- 4. FAO shall circulate periodically the information provided under paragraphs 1, 2, and 3 of this Article to all Parties, and, on request, individually to any P
- 5. Each Party shall also promptly inform FAO 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 8 of Article III;
- (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; or
- (v) any other reason.
- 6. Where information is given to FAO under paragraph 5 (b) above, the Party concerned shall specify which of the reasons listed in that paragraph is applicable.
- 7. Each Party shall inform FAO of
- (a) any exemption it has granted under paragraph 2 of Article II, the number and type of fishing vessel involved and the geographical areas in which such fishin
- (b) any agreement reached under paragraph 3 of Article II.
- 8. (a) Each Party shall report promptly to FAO all relevant information regarding any activities of fishing vessels flying its flag that undermine the effective
- (b) Each Party, where it has reasonable grounds to believe that a fishing vessel not entitled to fly its flag has engaged in any activity that undermines the ef
- 9. Each Party shall inform FAO of any cases where the Party, pursuant to paragraph 5 (d) of Article III, has granted an authorization notwithstanding the provis
- 10. FAO shall circulate promptly the information provided under paragraphs 5, 6, 7, 8 and 9 of this Article to all Parties, and, on request, individually to any
- 11. The Parties shall exchange information relating to the implementation of this Agreement, including through FAO and other appropriate global, regional and su
- Article VII
- COOPERATION WITH DEVELOPING COUNTRIES
- The Parties shall cooperate, at a global, regional, subregional or bilateral level, and, as appropriate, with the support of FAO and other international or regi
- Article VIII
- NON-PARTIES
- 1. The Parties shall encourage any State not party to this Agreement to accept this Agreement and shall encourage any non-Party to adopt laws and regulations co
- 2. The Parties shall cooperate in a manner consistent with this Agreement and with international law to the end that fishing vessels entitled to fly the flags o
- 3. The Parties shall exchange information amongst themselves, either directly or through FAO, with respect to activities of fishing vessels flying the flags of
- Article IX
- SETTLEMENT OF DISPUTES
- 1. Any Party may seek consultations with any other Party or Parties on any dispute with regard to the interpretation or application of the provisions of this Ag
- 2. In the event that the dispute is not resolved through these consultations within a reasonable period of time, the Parties in question shall consult among the
- 3. Any dispute of this character not so resolved shall, with the consent of all Parties to the dispute, be referred for settlement to the International Court of
- Article X
- ACCEPTANCE
- 1. This Agreement shall be open to acceptance by any Member or Associate Member of FAO, and to any non-member State that is a member of the United Nations, or o
- 2. Acceptance of this Agreement shall be effected by the deposit of an instrument of acceptance with the Director-General of FAO, hereinafter referred to as the
- 3. The Director-General shall inform all Parties, all Members and Associate Members of FAO and the Secretary-General of the United Nations of all instruments of
- 4. When a regional economic integration organization becomes a Party to this Agreement, such regional economic integration organization shall, in accordance wit
- Article XI
- ENTRY INTO FORCE
- 1. This Agreement shall enter into force as from the date of receipt by the Director-General of the twenty-fifth instrument of acceptance.
- 2. For the purpose of this Article, an instrument deposited by a regional economic integration organization shall not be counted as additional to those deposite
- Article XII
- RESERVATIONS
- Acceptance of this Agreement may be made subject to reservations which shall become effective only upon unanimous acceptance by all Parties to this Agreement. T
- Article XIII
- AMENDMENTS
- 1. Any proposal by a Party for the amendment of this Agreement shall be communicated to the Director-General.
- 2. Any proposed amendment of this Agreement received by the Director-General from a Party shall be presented to a regular or special session of the Conference f
- 3. Notice of any proposed amendment of this Agreement shall be transmitted to the Parties by the Director-General not later than the time when the agenda of the
- 4. Any such proposed amendment of this Agreement shall require the approval of the Conference and shall come into force as from the thirtieth day after acceptan
- 5. The instruments of acceptance of amendments involving new obligations shall be deposited with the Director-General, who shall inform all Parties of the recei
- 6. For the purpose of this Article, an instrument deposited by a regional economic integration organization shall not be counted as additional to those deposite
- Article XIV
- WITHDRAWAL
- Any Party may withdraw from this Agreement at any time after the expiry of two years from the date upon which the Agreement entered into force with respect to t
- Article XV
- DUTIES OF THE DEPOSITARY
- The Director-General shall be the Depositary of this Agreement. The Depositary shall:
- (a) send certified copies of this Agreement to each Member and Associate Member of FAO and to such non-member States as may become party to this Agreement;
- (b) arrange for the registration of this Agreement, upon its entry into force, with the Secretariat of the United Nations in accordance with Article 102 of the
- (c) inform each Member and Associate Member of FAO and any non-member States as may become Party to this Agreement of:
- (i) instruments of acceptance deposited in accordance with Article X;
- (ii) the date of entry into force of this Agreement in accordance with Article XI;
- (iii) proposals for and the entry into force of amendments to this Agreement in accordance with Article XIII;
- (iv) withdrawals from this Agreement pursuant to Article XIV.
- Article XVI
- AUTHENTIC TEXTS
- The Arabic, Chinese, English, French, and Spanish texts of this Agreement are equally authentic.
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