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6.3.2012 Official
Journal
of
the
European
Union L
67/3
CONVENTION
on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean
THE CONTRACTING PARTIES,
COMMITTED to ensuring the long-term conservation and sustainable use of fishery resources in the South Pacific Ocean
and in so doing safeguarding the marine ecosystems in which the resources occur;
RECALLING relevant international law as reflected in the United Nations Convention on the Law of the Sea of
10 December 1982, the Agreement for the Implementation of the Provisions of the United Nations Convention on
the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and
Highly Migratory Fish Stocks of 4 December 1995 and the Agreement to Promote Compliance with International
Conservation and Management Measures by Fishing Vessels on the High Seas of 24 November 1993 and taking into
account the Code of Conduct for Responsible Fisheries adopted by the Conference of the Food and Agriculture Organi
sation of the United Nations at its twenty eighth session on 31 October 1995;
RECOGNISING that under international law reflected in the relevant provisions of the above agreements, States have a
duty to cooperate with each other in the conservation and management of living resources in the areas of the high seas
and, as appropriate, to cooperate to establish sub-regional or regional fisheries organisations or arrangements with a view
to taking the measures necessary for the conservation of such resources;
TAKING INTO CONSIDERATION that, under international law reflected in the relevant provisions of the United Nations
Convention on the Law of the Sea of 10 December 1982, coastal States have waters under national jurisdiction within
which they exercise their sovereign rights for the purpose of exploring, exploiting, conserving and managing fishery
resources and conserving living marine resources upon which fishing has an impact;
RECOGNISING economic and geographical considerations and the special requirements of developing States, in particular
the least-developed among them, and small island developing States, and territories and possessions, and their coastal
communities, in relation to the conservation, management and sustainable development of fishery resources and equitable
benefit from those resources;
NOTING the need for regional fisheries management organisations and arrangements to undertake performance reviews
in order to assess the degree to which they are attaining their respective conservation and management objectives;
DETERMINED to cooperate effectively to eliminate illegal, unreported and unregulated fishing and the adverse impact that
it has on the state of the world fishery resources and the ecosystems in which they occur;
CONSCIOUS of the need to avoid adverse impacts on the marine environment, preserve biodiversity, maintain the
integrity of marine ecosystems and minimise the risk of long-term or irreversible effects of fishing;
MINDFUL that effective conservation and management measures must be based on the best scientific information
available and the application of the precautionary approach and an ecosystem approach to fisheries management;
CONVINCED that the long-term conservation and sustainable use of fishery resources in the South Pacific Ocean and the
protection of the marine ecosystems in which those resources occur may best be achieved by the conclusion of an
international convention for that purpose;
HAVE AGREED AS FOLLOWS:
Article 1
b) ‘1995 Agreement’ means the Agreement for the Implemen
tation of the Provisions of the United Nations Convention
Definitions
on the Law of the Sea of 10 December 1982 relating to the
1. For
the
purposes
of
this
Convention:
Conservation and Management of Straddling Fish Stocks
and Highly Migratory Fish Stocks of 4 December 1995;
c) ‘Commission’ means the Commission of the South Pacific
a) ‘1982 Convention’ means the United Nations Convention
Regional Fisheries Management Organisation established by
on the Law of the Sea of 10 December 1982;
Article 6;

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Official Journal of the European Union
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d) ‘Convention Area’ means the Area to which this Convention
i) ‘flag
State’
means,
unless
otherwise
indicated:
applies in accordance with Article 5;
i) a State whose fishing vessels are entitled to fly its flag; or
e) ‘Code of Conduct’ means the Code of Conduct for
Responsible Fisheries adopted by the 28th session of the
ii) a regional economic integration organisation in which
Conference of the Food and Agriculture Organisation of
fishing vessels are entitled to fly the flag of a member
the United Nations (FAO) on 31 October 1995;
State of that regional economic integration organisation;
f) ‘fishery resources’ means all fish within the Convention
j) ‘IUU
fishing’
means
activities
as
referred
to
in
paragraph
3
Area, including: molluscs; crustaceans; and other living
of the FAO International Plan of Action to Prevent, Deter
marine resources as may be decided by the Commission;
and Eliminate Illegal, Unreported and Unregulated Fishing,
but excluding:
and other activities as may be decided by the Commission;
i) sedentary species in so far as they are subject to the
k) ‘nationals’ includes both natural and legal persons;
national jurisdiction of coastal States pursuant to
Article 77 paragraph 4 of the 1982 Convention;
l) ‘port’
includes
offshore
terminals
and
other
installations
for
landing, transhipping, packaging, processing, refuelling or
re-supplying;
ii) highly migratory species listed in Annex I of the 1982
Convention;
m) ‘regional economic integration organisation’ means a
regional economic integration organisation to which its
iii) anadromous and catadromous species; and
member States have transferred competence over matters
covered by this Convention, including the authority to
make decisions binding on its Member States in respect
of those matters;
iv) marine mammals, marine reptiles and sea birds;
n) ‘serious violation’ has the same meaning as that set out in
g) ‘fishing’ means:
Article 21 paragraph 11 of the 1995 Agreement and such
other violations as may be specified by the Commission;
and
i) the actual or attempted searching for, catching, taking or
harvesting of fishery resources;
o) ‘transhipment’ means the unloading of all or any of the
fishery resources or fishery resource products derived from
fishing in the Convention Area on board a fishing vessel to
ii) engaging in any activity which can reasonably be
another fishing vessel either at sea or in port.
expected to result in the locating, catching, taking or
harvesting of fishery resources for any purpose;
2. a)
‘Contracting
Party’
means
any
State
or
regional
economic integration organisation which has
consented to be bound by this Convention and for
iii) transhipment and any operation at sea in support of, or
which the Convention is in force.
in preparation for, any activity described in this defi
nition; and
b) This Convention applies, mutatis mutandis, to any entity
referred to in Article 305, paragraph 1 (c), (d) and (e),
iv) the use of any vessel, vehicle, aircraft or hovercraft, in
of the 1982 Convention which becomes a party to this
relation to any activity described in this definition;
Convention, and to that extent ‘Contracting Party’
refers to any such entity.
but does not include any operation related to emergencies
Article 2
involving the health or safety of crew members or the safety
of a vessel;
Objective
The objective of this Convention is, through the application of
the precautionary approach and an ecosystem approach to
h) ‘fishing vessel’ means any vessel used or intended for
fisheries management, to ensure the long-term conservation
fishing, including fish processing vessels, support ships,
and sustainable use of fishery resources and, in so doing, to
carrier vessels and any other vessel directly engaged in
safeguard the marine ecosystems in which these resources
fishing operations;
occur.

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EN
6.3.2012 Official
Journal
of
the
European
Union L
67/5
Article 3
ix) effective compliance with conservation and
management measures shall be ensured and sanctions
Conservation and management principles and approaches
for any violations shall be adequate in severity to
1. In giving effect to the objective of this Convention and
discourage violations wherever they occur and in
carrying out decision making under this Convention, the
particular shall deprive offenders of the benefits
Contracting Parties, the Commission and subsidiary bodies
accruing from their illegal activities; and
established under Article 6 paragraph 2 and Article 9
paragraph 1 shall:
x) pollution and waste originating from fishing vessels,
discards, catch by lost or abandoned gear and impacts
a) apply, in particular, the following principles;
on other species and marine ecosystems shall be mini
mised; and
i) conservation and management of fishery resources shall
b) apply the precautionary approach and an ecosystem
be conducted in a transparent, accountable and
approach in accordance with paragraph 2.
inclusive manner, taking into account best international
practices;
2. a)
The
precautionary
approach
as
described
in
the
1995
Agreement and the Code of Conduct shall be applied
ii) fishing shall be commensurate with the sustainable use
widely to the conservation and management of fishery
of fishery resources taking into account the impacts on
resources in order to protect those resources and to
non-target and associated or dependent species and the
preserve the marine ecosystems in which they occur,
general obligation to protect and preserve the marine
and in particular the Contracting Parties, the
environment;
Commission and subsidiary bodies shall:
iii) overfishing and excess fishing capacity shall be
i) be more cautious when information is uncertain,
prevented or eliminated;
unreliable, or inadequate;
ii) not use the absence of adequate scientific
iv) full and accurate data on fishing, including information
information as a reason for postponing or failing
relating to impacts on the marine ecosystems in which
to take conservation and management measures;
fishery resources occur, shall be collected, verified,
and
reported and shared in a timely and appropriate
manner;
iii) take account of best international practices
regarding the application of the precautionary
v) decisions shall be based on the best scientific and
approach, including Annex II of the 1995
technical information available and the advice of all
Agreement and the Code of Conduct.
relevant subsidiary bodies;
b) An ecosystem approach shall be applied widely to the
vi) cooperation and coordination among Contracting
conservation and management of fishery resources
Parties shall be promoted to ensure that conservation
through an integrated approach under which
and management measures adopted by the Commission
decisions in relation to the management of fishery
and conservation and management measures applied in
resources are considered in the context of the func
respect of the same fishery resources in areas under
tioning of the wider marine ecosystems in which
national jurisdiction are compatible;
they occur to ensure the long-term conservation and
sustainable use of those resources and in so doing,
safeguard those marine ecosystems.
vii) marine ecosystems shall be protected, in particular
those ecosystems which have long recovery times
following disturbance;
Article 4
Compatibility of conservation and management measures
1. The
Contracting
Parties
recognise
the
need
to
ensure
viii) the interests of developing States, in particular the least
compatibility of conservation and management measures estab
developed among them and small island developing
lished for fishery resources that are identified as straddling areas
States, and of territories and possessions, and the
under the national jurisdiction of a coastal State Contracting
needs of developing State coastal communities, shall
Party and the adjacent high seas of the Convention Area and
be recognised;
acknowledge their duty to cooperate to this end.

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2. Conservation
and
management
measures
established
for
of Chile then along the outer limits of the national juris
the high seas and those adopted for areas under national juris
dictions of Chile, Peru, Ecuador and Colombia to the inter
diction shall be compatible in order to ensure conservation and
section with the 2° parallel of north latitude; and
management of straddling fishery resources in their entirety. In
developing compatible conservation and management measures
for straddling fishery resources Contracting Parties shall:
d) south of a line extending west along the 2° parallel of north
latitude (but not including the national jurisdiction of
Ecuador (Galapagos Islands)) to the intersection with the
a) take into account the biological unity and other biological
150° meridian of west longitude; then due north along the
characteristics of the fishery resources and the relationships
150° meridian of west longitude to its intersection with 10°
between the distribution of the resources, the fishing
parallel of north latitude, then west along the 10° parallel of
activities for those resources and the geographical particu
north latitude to its intersection with the outer limits of the
larities of the region concerned, including the extent to
national jurisdiction of the Marshall Islands, and then
which the fishery resources occur and are fished in areas
generally south and around the outer limits of the national
under national jurisdiction;
jurisdictions of Pacific States and territories, New Zealand
and Australia until it connects to the commencement of
the line described in paragraph (a) above.
b) take into account the respective dependence of the coastal
States and the States fishing on the high seas on the fishery
2. The
Convention
shall
also
apply
to
waters
of
the
Pacific
resources concerned; and
Ocean beyond areas of national jurisdiction bounded by the 10°
parallel of north latitude and the 20° parallel of south latitude
and by the 135° meridian of east longitude and the 150°
c) ensure that such measures do not result in harmful impact
meridian of west longitude.
on the living marine resources as a whole in the Convention
Area.
3. Where for the purpose of this Convention it is necessary
to determine the position on the surface of the earth of a point,
3. The
Commission’s
initial
conservation
and
management line or area, that position shall be determined by reference to
measures shall take due account of, and not undermine the
the International Terrestrial Reference System maintained by the
effectiveness of, existing conservation and management
International Earth Rotation Service, which for most practical
measures established by relevant coastal State Contracting
purposes is equivalent to the World Geodetic System 1984
Parties in respect of areas under national jurisdiction and by
(WGS84).
Contracting Parties in respect of their flag vessels fishing in the
adjacent high seas of the Convention Area.
4. Nothing
in
this
Convention
shall
constitute
recognition
of
the claims or positions of any of the Contracting Parties to this
Convention concerning the legal status and extent of waters and
Article 5
zones claimed by any such Contracting Parties.
Area of application
1. Except
as
otherwise
provided,
this
Convention
applies
to
Article 6
waters of the Pacific Ocean beyond areas of national jurisdiction
in accordance with international law:
The Organisation
1. The
Contracting
Parties
hereby
agree
to
establish,
maintain
and strengthen the South Pacific Regional Fisheries Management
a) east of a line extending south along the 120° meridian of
Organisation ‘the Organisation’, which shall carry out its
east longitude from the outer limit of the national juris
functions as set forth in this Convention in order to achieve
diction of Australia off the south coast of Western
the objective of this Convention.
Australia to the intersection with the 55° parallel of south
latitude; then due east along the 55° parallel of south latitude
to the intersection with the 150° meridian of east longitude;
2. The
Organisation
shall
consist
of:
then due south along the 150° meridian of east longitude to
the intersection with the 60° parallel of south latitude;
a) a Commission;
b) north of a line extending east along the 60° parallel of south
latitude from the 150° meridian of east longitude to the
b) a Scientific Committee;
intersection with the 67° 16′ meridian of west longitude;
c) a Compliance and Technical Committee;
c) west of a line extending north along the 67° 16′ meridian of
west longitude from the 60° parallel of south latitude to its
intersection with the outer limit of the national jurisdiction
d) an Eastern Sub-regional Management Committee;

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Union L
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e) a Western Sub-regional Management Committee;
Article 8
Functions of the Commission
f) a Finance and Administration Committee;
The Commission shall, in accordance with the objective, prin
ciples and approaches, and specific provisions of this
Convention, exercise the following functions:
g) a Secretariat,
a) adopt conservation and management measures to achieve
the objective of this Convention, including, as appropriate,
and any other subsidiary bodies that the Commission may,
conservation and management measures for particular fish
from time to time, establish in accordance with Article 9
stocks;
paragraph 1 to assist it in its work.
b) determine the nature and extent of participation in fishing
3. The Organisation shall have legal personality in
for fishery resources including, as appropriate, for particular
accordance with international law and shall enjoy in its
fish stocks;
relations with other international organisations and in the terri
tories of the Contracting Parties such legal capacity as may be
necessary to perform its functions and achieve the objective of
c) develop rules for the collection, verification, reporting,
this Convention. The immunities and privileges which the
storing and dissemination of data;
Organisation and its officers shall enjoy in the territory of a
Contracting Party shall be subject to an agreement between the
Organisation and the Contracting Party including, in particular,
d) promote the conduct of scientific research to improve
an agreement between the Organisation and the Contracting
knowledge of fishery resources and marine ecosystems in
Party hosting the Secretariat.
the Convention Area and of the same fishery resources in
adjacent waters under national jurisdiction, and, in collab
oration with the Scientific Committee, establish procedures
4. The
Secretariat
of
the
Organisation
shall
be
in
New
for the conduct of fishing for fishery resources for scientific
Zealand or at such other place as may be decided by the
purposes in the Convention Area;
Commission.
e) cooperate and exchange data with members of the
Commission and with relevant organisations, coastal
Article 7
States, territories and possessions;
The Commission
1. Each
Contracting
Party
shall
be
a
member
of
the f) promote compatibility of conservation and management
Commission and shall appoint one representative to the
measures in the Convention Area, adjacent areas under
Commission who may be accompanied by alternative represen
national jurisdiction and adjacent areas of high seas;
tatives, experts and advisers.
g) develop and establish effective monitoring, control, surveil
2. The Commission shall elect a Chairperson and a Vice-
lance, compliance and enforcement procedures, including
Chairperson from among the Contracting Parties, each of
non-discriminatory market-related and trade-related
whom shall serve for a term of 2 years and shall be eligible
measures;
for re-election but shall not serve for more than two terms in
succession in the same capacity. The Chairperson and Vice-
Chairperson shall be representatives of different Contracting
h) develop processes in accordance with international law to
Parties.
assess flag State performance with respect to the implemen
tation of their obligations under this Convention and adopt
proposals, if appropriate, to promote implementation of
such obligations;
3. The
first
meeting
of
the
Commission
shall
take
place
no
later than 12 months following the entry into force of this
Convention. Thereafter the Chairperson of the Commission
i) adopt
measures
to
prevent,
deter
and
eliminate
IUU
fishing;
shall convene an annual meeting, unless the Commission
decides otherwise, at a time and location to be decided by
the Commission. The Commission shall hold such other
j) develop
rules
for
cooperating
non-Contracting
Party
status
meetings as may be necessary to carry out its functions under
under this Convention;
this Convention.
k) review the effectiveness of the provisions of this Convention
4. The
principle
of
cost
effectiveness
shall
apply
to
the
and the conservation and management measures adopted by
frequency, duration and scheduling of meetings of the
the Commission in meeting the objective of this
Commission and its subsidiary bodies.
Convention;

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l) supervise the organisational, administrative, financial and
6. All
subsidiary
bodies
shall
operate
under
the
rules
of
other internal affairs of the Organisation, including the
procedure of the Commission unless otherwise decided by the
relations among constituent bodies;
Commission.
m) guide the Commission’s subsidiary bodies in their work;
Article 10
Scientific Committee
n) adopt by consensus the budget of the Organisation, the
1. Each
member
of
the
Commission
shall
be
entitled
to
financial regulations of the Organisation and any
appoint one representative to the Scientific Committee who
amendments thereto, and its rules of procedure, which
may be accompanied by alternate representatives and advisers.
may include procedures for taking and recording decisions
intersessionally;
2. The
functions
of
the
Scientific
Committee
shall
be
to:
o) adopt and amend as necessary any other regulations
necessary for the exercise of its functions and those of its
a) plan, conduct and review scientific assessments of the status
subsidiary bodies; and
of fishery resources including, in cooperation with the
relevant coastal State Contracting Party or Parties, fishery
resources that straddle the Convention Area and areas
p) exercise any other function and take any other decisions
under national jurisdiction;
that may be necessary for achieving the objective of this
Convention.
b) provide advice and recommendations to the Commission
and its subsidiary bodies based on such assessments
Article 9
including, as appropriate:
Subsidiary bodies
1. The
Commission
may
establish
other
subsidiary
bodies,
i) reference points, including precautionary reference points
additional to the Scientific Committee, the Compliance and
as described in Annex II of the 1995 Agreement;
Technical Committee, the Eastern Sub-regional Management
Committee, the Western Sub-regional Management Committee
and the Finance and Administration Committee as may be
required. Such additional subsidiary bodies may be established
ii) management strategies or plans for fishery resources
on a permanent or temporary basis taking into account cost
based on such reference points; and
implications.
iii) analyses of conservation and management alternatives,
2. In
establishing
such
additional
subsidiary
bodies
the
such as the establishment of total allowable catch or
Commission shall provide specific terms of reference and
total allowable fishing effort at different levels, that
methods of work, provided always that such specific terms of
estimate the extent to which each alternative would
reference are consistent with the objective and the conservation
achieve the objective or objectives of any management
and management principles and approaches of this Convention
strategy or plan adopted, or under consideration, by the
and with the 1982 Convention and the 1995 Agreement. Such
Commission;
terms of reference and methods of work may be reviewed and
amended as appropriate by the Commission from time to time.
c) provide advice and recommendations to the Commission
and its subsidiary bodies on the impact of fishing on the
3. All
subsidiary
bodies
shall
report,
advise
and
make
recom
marine ecosystems in the Convention Area including advice
mendations to the Commission and contribute to regular
and recommendations on the identification and distribution
reviews of the effectiveness of conservation and management
of vulnerable marine ecosystems, the likely impacts of
measures adopted by the Commission.
fishing on such vulnerable marine ecosystems and
measures to prevent significant adverse impacts on them;
4. In
carrying
out
their
functions,
all
subsidiary
bodies
shall
take into consideration the relevant work of other subsidiary
d) encourage and promote cooperation in scientific research in
bodies established by the Commission, and as appropriate the
order to improve knowledge of the state of fishery resources
work of other fisheries management organisations and the work
and the marine ecosystems in the Convention Area including
of other relevant technical and scientific bodies.
knowledge in relation to fishery resources straddling the
Convention Area and areas under national jurisdiction; and
5. All
subsidiary
bodies
may
establish
working
groups.
Subsidiary bodies may also seek external advice as required in
e) provide such other scientific advice to the Commission and
accordance with any general or specific guidance provided by
its subsidiary bodies as it considers appropriate, or as may be
the Commission.
requested by the Commission.

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3. The
rules
of
procedure
of
the
Commission
shall
provide general application adopted by the Commission and shall
that where the Scientific Committee is unable to provide its
require the consent of the coastal State Contracting Party or
advice by consensus, it shall set out in its report the different
Parties concerned on the matters on which such consent is
views of its members. The reports of the Scientific Committee
required under Article 20 paragraph 4 and Article 21
shall be made publicly available.
paragraph 2. Where appropriate the Committees shall make
all efforts to coordinate their recommendations.
4. The
Commission,
taking
into
account
any
recommen
dations from the Scientific Committee, may engage the
2. The
Commission
may
by
consensus
amend
Annex
I
at
services of scientific experts to provide information and advice
any time to adjust the geographic coordinates it contains.
on the fishery resources and marine ecosystems in the
Such amendment shall take effect from the date of its
Convention Area and any related matters that may be
adoption, or any other date specified in the amendment.
relevant to the Commission’s consideration of conservation
and management measures.
3. The Commission may decide to assign to one Sub-
regional Management Committee primary responsibility for
5. The
Commission
shall
make
appropriate
arrangements
for developing and making recommendations to the Commission
the periodic independent peer review of the Scientific
in accordance with this Article for a specific fishery resource
Committee’s reports, advice and recommendations.
even if the range of that resource should extend beyond the part
of the Convention Area for which that Committee has respon
sibilities in accordance with Annex I.
Article 11
Compliance and Technical Committee
4. Each
Committee
shall
develop
its
recommendations
on
1. Each
member
of
the
Commission
shall
be
entitled
to the basis of the advice and recommendations of the Scientific
appoint one representative to the Compliance and Technical
Committee.
Committee who may be accompanied by alternate represen
tatives and advisers.
5. a)
Members
of
the
Commission
situated
adjacent
to
the
part of the Convention Area for which a Committee
2. The functions of the Compliance and Technical
has responsibility in accordance with this Article, or
Committee shall be to:
whose fishing vessels:
a) monitor and review the implementation of, and compliance
with, conservation and management measures adopted
i) are currently fishing in that area; or
under this Convention and provide advice and recommen
dations to the Commission;
ii) have fished in that area within the past 2 years; or
b) provide such other information, technical advice and recom
mendations as it considers appropriate or as may be
iii) are fishing for a specific fishery resource assigned
requested by the Commission relating to the implementation
to that Committee pursuant to paragraph 3,
of and compliance with the provisions of this Convention
including in areas under national jurisdiction
and the conservation and management measures adopted, or
adjacent to the Convention Area
under consideration, by the Commission; and
shall be members of that Committee.
c) review the implementation of cooperative measures for
monitoring, control, and surveillance and enforcement
adopted by the Commission and provide advice and recom
b) Any member of the Commission that is not a member
mendations to the Commission.
of a Committee pursuant to subparagraph (a) that gives
notice to the Secretariat of an intention to fish within
2 years of the notice in the part of the Convention
Article 12
Area for which a Committee has responsibility in
accordance with this Article, shall become a member
Eastern and Western Sub-regional Management
of that Committee. If the notifying member of the
Committees
Commission does not fish in that part of the
1. The
Eastern
and
Western
Sub-regional
Management
Convention Area within 2 years of the notice, it
Committees shall, on their own initiative or at the request of
shall cease to be a member of that Committee.
the Commission, develop and make recommendations to the
Commission on conservation and management measures, in
accordance with Article 20, and on participation in fishing
c) Any member of the Commission that is not a member
for fishery resources, in accordance with Article 21, for the
of a Committee pursuant to subparagraph (a) or (b)
parts of the Convention Area described in Annex I. Such
may send a representative to participate in the work of
recommendations shall be consistent with any measures of
that Committee.

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d) For the purposes of this paragraph, ‘fishing’ includes
4. The
Executive
Secretary
shall
ensure
the
effective
func
only the activities described in Article 1 paragraph 1
tioning of the Secretariat.
(g) (i) and (ii).
5. The
Secretariat
to
be
established
under
this
Convention
6. The Eastern and Western Sub-regional Management
shall be cost effective. The setting up and the functioning of
Committees shall make all efforts to adopt their recommen
the Secretariat shall, where appropriate, take into account the
dations to the Commission by consensus. If all efforts to
capacity of existing regional institutions to perform certain
reach agreement on a recommendation by consensus have
technical secretariat functions and more specifically the avail
been exhausted, recommendations shall be adopted by a two-
ability of services under contractual arrangement.
thirds majority of the members of the relevant Sub-regional
Management Committee. Reports to the Commission may
include majority and minority views.
Article 15
Budget
1. The Commission, at its first meeting, shall adopt a budget
7. The
recommendations
made
in
accordance
with
this to fund the Commission and its subsidiary bodies, and shall also
Article will be the basis of conservation and management
adopt financial regulations. All decisions on the budget and
measures and decisions referred to in Articles 20 and 21,
financial regulations, including decisions relating to the
respectively, that shall be adopted by the Commission.
contributions of members of the Commission and the
formula for calculating such contributions, shall be taken by
consensus.
8. Any
extraordinary
costs
incurred
for
the
work
of
either
of
the Sub-regional Management Committees shall be borne by the
members of the relevant Committee.
2. Each
member
of
the
Commission
shall
contribute
to
the
budget. The amount of the annual contributions due from each
member of the Commission shall be a combination of a
variable fee based on its total catch of such fishery resources
Article 13
as may be specified by the Commission and a basic fee and
Finance and Administration Committee
shall take account of its economic status. For members of the
Commission whose only catch in the Convention Area is that
1. Each
member
of
the
Commission
shall
be
entitled
to of its territories adjoining the Convention Area the economic
appoint one representative to the Finance and Administration
status shall be that of the territory concerned. The Commission
Committee who may be accompanied by alternate represen
shall adopt and may amend a formula for the calculation of
tatives and advisers.
these contributions which shall be set out in the financial regu
lations of the Commission.
2. The functions of the Finance and Administration
Committee shall be to advise the Commission on the budget,
3. The
Commission
may
request
and
accept
financial
on the time and place of meetings of the Commission, on
contributions and other forms of assistance from organisations,
publications of the Commission, on matters relating to the
individuals and other sources for purposes connected with the
Executive Secretary and the staff of the Secretariat and on
fulfilment of its functions.
such other financial and administrative matters as may be
referred to it by the Commission.
4. The
Executive
Secretary
shall
submit
a
draft
of
the
annual
budget for the two succeeding financial years to each member
of the Commission together with a schedule of contributions,
Article 14
not less than 60 days before the meeting of the Finance and
Secretariat
Administration Committee where the Committee will adopt its
recommendations to the Commission. In preparing the draft
1. The
Secretariat
shall
perform
the
functions
delegated
to
it budget the Secretariat shall take full account of the need for
by the Commission.
cost effectiveness together with the guidance of the Commission
as to the meetings of the subsidiary bodies that may be required
in the budget year. Each annual meeting of the Commission
shall adopt a budget for the succeeding financial year.
2. The
chief
administrative
officer
of
the
Secretariat
shall
be
the Executive Secretary, who shall be appointed with the
approval of the Contracting Parties on such terms as they
may determine.
5. If the Commission is unable to adopt a budget, the level
of contributions to the administrative budget of the
Commission shall be determined in accordance with the
budget for the preceding year for the purposes of meeting the
3. Any
employees
of
the
Secretariat
shall
be
appointed
by administrative expenses of the Commission for the following
the Executive Secretary in accordance with such staff regulations
year until such time as a new budget can be adopted by
as may be determined by the Commission.
consensus.

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6. Following
the
annual
meeting
of
the
Commission,
the 3. When the issue arises as to whether a question is one of
Executive Secretary shall notify each member of the
substance or not, that question shall be treated as one of
Commission of its contribution due as calculated under the
substance.
formula adopted by the Commission pursuant to paragraph 2
and as soon as possible thereafter each member of the
Commission shall pay its contribution to the Organisation.
Article 17
Implementation of Commission decisions
7. Contributions
shall
be
payable
in
the
currency
of
the 1. Decisions
on
questions
of
substance
adopted
by
the
country in which the Secretariat of the Organisation is
Commission shall become binding on the members of the
located, except if otherwise authorised by the Commission.
Commission in the following manner:
a) the Executive Secretary shall promptly notify each decision
8. A Contracting Party that becomes party to this
to all members of the Commission; and
Convention during the course of a financial year shall
contribute in respect of that financial year a part of the
contribution calculated in accordance with the provisions of
this Article that is proportionate to the number of complete
b) subject to paragraph 2, the decision shall become binding
months remaining in the year from the date that the
upon all members of the Commission 90 days after the date
Convention enters into force for that Party.
of transmittal specified in the notification pursuant to
subparagraph (a) ‘the date of notification’.
9. Unless
otherwise
decided
by
the
Commission,
a
member
of the Commission that is in arrears with its payment of any
2. a)
Any
member
of
the
Commission
may
present
to
the
monies owed to the Organisation by more than 2 years shall
Executive Secretary an objection to a decision within
not participate in the taking of any decisions by the
60 days of the date of notification ‘the objection
Commission until it has paid all monies owed by it to the
period’. In that event the decision shall not become
Commission.
binding on that member of the Commission to the
extent of the objection, except in accordance with
paragraph 3 and Annex II.
10. The
financial
activities
of
the
Organisation
shall
be
conducted in accordance with financial regulations adopted by
b) A member of the Commission that presents an
the Commission and shall be subject to an annual audit by
objection shall at the same time:
independent auditors appointed by the Commission.
i) specify in detail the grounds for its objection;
Article 16
Decision-making
ii) adopt alternative measures that are equivalent in
1. As a general rule, decisions by the Commission shall be
effect to the decision to which it has objected
taken by consensus. For the purpose of this Article, ‘consensus’
and have the same date of application; and
means the absence of any formal objection made at the time
the decision was taken.
iii) advise the Executive Secretary of the terms of such
alternative measures.
2. Except
where
this
Convention
expressly
provides
that
a
decision shall be taken by consensus, if the Chairperson
considers that all efforts to reach a decision by consensus
c) The only admissible grounds for an objection are that
have been exhausted:
the decision unjustifiably discriminates in form or in
fact against the member of the Commission, or is
inconsistent with the provisions of this Convention
or other relevant international law as reflected in the
a) decisions of the Commission on questions of procedure shall
1982 Convention or the 1995 Agreement.
be taken by a majority of the members of the Commission
casting affirmative or negative votes; and
3. Any member of the Commission that has objected to a
decision may at any time withdraw that objection. The decision
b) decisions on questions of substance shall be taken by a
shall then become binding on that member in accordance with
three-fourths majority of the members of the Commission
paragraph 1(b) or on the date of the withdrawal of the
casting affirmative or negative votes.
objection whichever is the later.

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4. The
Executive
Secretary
shall
promptly
notify
all
members
Article 18
of the Commission of:
Transparency
1. The
Commission
shall
promote
transparency
in
decision
a) the receipt and withdrawal of each objection; and
making processes and other activities carried out under this
Convention.
b) the grounds for that objection and the alternative measures
adopted, or proposed to be adopted, pursuant to
paragraph 2.
2. All
meetings
of
the
Commission
and
its
subsidiary
bodies
shall be open to all participants and observers registered in
accordance with paragraph 4 unless otherwise decided by the
Commission. The Commission shall publish its reports and
5. a)
When
an
objection
is
presented
by
a
member
of
the conservation and management measures when adopted and
Commission pursuant to paragraph 2, a Review Panel
shall maintain a public record of all reports and conservation
shall be established within 30 days after the end of the
and management measures in force in the Convention Area.
objection period. The Review Panel shall be established
in accordance with the procedures in Annex II.
3. The
Commission
shall
promote
transparency
in
the
imple
b) The Executive Secretary shall promptly notify all
mentation of this Convention through the public dissemination
members of the Commission of the establishment of
of non-commercially sensitive information and, as appropriate,
the Review Panel.
facilitating consultations with, and the participation of, non-
governmental organisations, representatives of the fishing
industry, particularly the fishing fleet, and other interested
c) If two or more members of the Commission present
bodies and individuals.
objections based on the same grounds, those objections
shall be dealt with by the same Review Panel, which
shall have the membership specified in Annex II
paragraph 2.
4. Representatives
of
non-Contracting
Parties,
relevant
inter
governmental organisations and non-governmental organi
sations, including environmental organisations and fishing
d) If two or more members of the Commission present
industry organisations with an interest in matters pertaining
objections on different grounds, those objections may,
to the Commission shall be afforded the opportunity to take
with the consent of the members of the Commission
part in the meetings of the Commission and of its subsidiary
concerned, be dealt with by the same Review Panel,
bodies, as observers or otherwise as appropriate. The rules of
which shall have the membership specified in Annex
procedure of the Commission shall provide for such partici
II paragraph 2. In the absence of such consent,
pation and shall not be unduly restrictive in this respect. The
objections on different grounds shall be dealt with by
rules of procedure shall also provide for such representatives to
separate Review Panels.
have timely access to all relevant information.
e) Within 45 days after its establishment, the Review
Article 19
Panel shall transmit to the Executive Secretary its
findings and recommendations on whether the
Recognition of the special requirements of developing
grounds specified for the objection presented by the
States
member or members of the Commission are justified
and whether the alternative measures adopted are
1. The Commission shall give full recognition to the special
equivalent in effect to the decision to which objection
requirements of developing State Contracting Parties in the
has been presented.
region, in particular the least developed among them and
small island developing States, and of territories and possessions
in the region, in relation to the conservation and management
of fishery resources in the Convention Area and the sustainable
f) The Executive Secretary shall promptly notify all
use of such resources.
members of the Commission of the findings and
recommendations of the Review Panel. The findings
and recommendations of the Review Panel shall be
dealt with and have effect as set out in Annex II.
2. In giving effect to the duty to cooperate in the estab
lishment of conservation and management measures for
fishery resources covered by this Convention, the members of
6. Nothing in this Article limits the right of a member of the
the Commission shall take into account the special requirements
Commission at any time to refer a dispute concerning the inter
of developing State Contracting Parties in the region, in
pretation or application of this Convention for binding
particular the least developed among them and small island
settlement in accordance with the provisions of this Convention
developing States, and territories and possessions in the
relating to the settlement of disputes.
region, in particular:

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a) the vulnerability of such developing States and territories and
c) monitoring, control, surveillance, compliance and
possessions which are dependent on the exploitation of
enforcement, including training and capacity-building at
living marine resources, including for meeting the nutritional
the local level, development and funding of national and
requirements of their populations or part thereof;
regional observer programmes and access to technology
and equipment.
b) the need to avoid adverse impacts on, and ensure access to
fisheries by, subsistence, small-scale and artisanal fishers and
5. The
Commission
shall
establish
a
fund
to
facilitate
the
women fish workers, as well as indigenous people in such
effective participation of developing State Contracting Parties
developing States Parties, and territories and possessions; and
in the region, in particular the least developed among them
and small island developing States, and, as appropriate, terri
tories and possessions in the region, in the work of the
Commission and its subsidiary bodies. The financial regulations
c) the need to ensure that such measures do not result in
of the Commission shall include guidelines for the adminis
transferring, directly or indirectly, a disproportionate
tration of the fund and criteria for eligibility for assistance.
burden of conservation action onto such developing State
Contracting Parties, and territories and possessions.
Article 20
3. The
members
of
the
Commission
shall
cooperate
either
Conservation and management measures
directly or through the Commission and other regional or sub-
regional organisations to:
1. The
conservation
and
management
measures
adopted
by
the Commission shall include measures to:
a) enhance the ability of developing State Contracting Parties in
the region, in particular the least developed among them and
a) ensure the long-term sustainability of fishery resources and
small island developing States, and of territories and
promote the objective of their responsible utilisation;
possessions in the region, to conserve and manage fishery
resources and to develop their own fisheries for such
resources;
b) prevent or eliminate overfishing and excess fishing capacity
to ensure that levels of fishing effort do not exceed those
commensurate with the sustainable use of fishery resources;
b) assist developing State Contracting Parties in the region, in
particular the least developed among them and small island
developing States, and territories and possessions in the
region, to enable them to participate in fishing for fishery
c) maintain or restore populations of non-target and associated
resources, including facilitating access to such fishery
or dependent species to above levels at which their repro
resources consistent with Article 3 and Article 21; and
duction may become seriously threatened; and
c) facilitate the participation of developing State Contracting
d) protect the habitats and marine ecosystems in which fishery
Parties in the region, in particular the least developed
resources and non-target and associated or dependent species
among them and small island developing States, and of terri
occur from the impacts of fishing, including measures to
tories and possessions in the region, in the work of the
prevent significant adverse impacts on vulnerable marine
Commission and its subsidiary bodies.
ecosystems and precautionary measures where it cannot
adequately be determined whether vulnerable marine
ecosystems are present or whether fishing would cause
significant adverse impacts on vulnerable marine ecosystems.
4. Cooperation
for
the
purposes
set
out
in
this
Article
may
include the provision of financial assistance, assistance relating
to human resources development, technical assistance, transfer
of technology, including through joint venture arrangements,
2. The
specific
conservation
and
management
measures
and advisory and consultative services. Such assistance shall,
adopted by the Commission shall, as appropriate, include the
inter alia, be directed towards:
determination of:
a) improved conservation and management of fishery resources
a) reference points, including precautionary reference points as
through collection, reporting, verification, exchange and
described in Annex II of the 1995 Agreement;
analysis of fisheries data and related information;
b) the actions to be taken if those reference points are
b) stock assessment and scientific research; and
approached or exceeded;

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c) the nature and extent of fishing for any fishery resource
i) the Commission shall establish a total allowable
including the establishment of a total allowable catch or
catch or total allowable fishing effort and other
total allowable fishing effort;
conservation and management measures, as appro
priate, for the Convention Area. The Commission
and the coastal State Contracting Party or Parties
d) the general or specific locations in which fishing may or may
concerned shall cooperate in the coordination of
not occur;
their respective conservation and management
measures in accordance with Article 4 of this
Convention;
e) the periods in which fishing may or may not occur;
ii) with the express consent of the coastal State
f) the size limits in respect of the catch which may be retained;
Contracting Party or Parties concerned, the
and
Commission may establish, in accordance with
Annex III of this Convention, and as appropriate,
a total allowable catch or total allowable fishing
g) the types of fishing gear, fishing technology, or fishing
effort that will apply throughout the range of the
practices which may be used when fishing.
fishery resource; and
3. In determining a total allowable catch or total allowable
fishing effort for any fishery resource under paragraph 2 (c), the
iii) in the case where one or more of the coastal State
Commission shall take into account the following factors:
Contracting Parties does not consent to a total
allowable catch or total allowable fishing effort
that will apply throughout the range of the
a) the status and stage of development of the fishery resource;
fishery resource, the Commission may establish,
as appropriate, a total allowable catch or total
allowable fishing effort that will apply in the
b) fishing patterns of the fishery resource;
areas of national jurisdiction of the consenting
coastal State Contracting Party or Parties and the
Convention Area. Annex III will apply, mutatis
mutandis, to the establishment of this total
c) catch of the same fishery resource within areas under
allowable catch or total allowable fishing effort
national jurisdiction where relevant;
by the Commission.
d) an allowance for discards and any other incidental mortality;
b) In cases covered by subparagraph (a) (ii) or (a) (iii),
other complementary conservation and management
e) catch of non-target and associated or dependent species and
measures may be adopted so as to ensure sustainable
impacts on the marine ecosystems in which the fishery
conservation and management of the fishery resource
resource occurs;
throughout its range. To give effect to this paragraph,
such measures may be adopted, in accordance with the
principles of compatibility outlined in Article 4, by the
f) relevant ecological and biological factors limiting the nature
Commission for the high seas and the coastal State
of fishery resources that may be harvested;
Contracting Party or Parties concerned for the areas
under national jurisdiction; and by the Commission,
with the consent of the coastal State Contracting
g) relevant environmental factors, including trophic interactions
Party or Parties concerned, for measures that will
which may have an effect upon the fishery resource and
apply throughout the range of the fishery resource.
non-target and associated or dependent species; and
c) All conservation and management measures, including
h) as appropriate, relevant conservation and management
a total allowable catch or total allowable fishing effort,
measures adopted by other intergovernmental organisations.
adopted by the Commission in accordance with
subparagraphs (a) (ii), (a) (iii) and (b) are without
prejudice to and do not affect the sovereign rights of
The Commission shall regularly review the total allowable catch
coastal States for the purpose of exploring and
or total allowable fishing effort established for any fishery
exploiting, conserving and managing the living
resource.
marine resources within areas under national juris
diction in accordance with international law, as
reflected in the relevant provisions of the 1982
4. a)
For
a
fishery
resource
that
straddles
the
Convention
Convention and the 1995 Agreement, and do not in
Area and an area under the national jurisdiction of a
any other respect affect the Area of application of this
coastal State Contracting Party or Parties:
Convention established by Article 5.

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5. a)
The
Commission
shall
adopt
measures
to
be
applied e) the fisheries development aspirations and interests of
on an emergency basis, in accordance with Article 16,
developing States in particular small island developing
including intersessionally, if necessary, where fishing
States and of territories and possessions in the region;
presents a serious threat to the sustainability of
fishery resources or the marine ecosystem in which
these fishery resources occur or when a natural
f) the interests of coastal States, and in particular developing
phenomenon or human caused disaster has, or is
coastal States and territories and possessions, in a fishery
likely to have, a significant adverse impact on the
resource that straddles areas of national jurisdiction of
status of fishery resources to ensure that fishing does
such States, territories and possessions and the Convention
not exacerbate such threat or adverse impact.
Area;
b) Measures taken on an emergency basis shall be based
g) the needs of coastal States and of territories and possessions
on the best scientific evidence available. Such measures
whose economies are dependent mainly on the exploitation
shall be temporary and must be reconsidered for
of and fishing for a fishery resource that straddles areas of
decision at the next meeting of the Commission
national jurisdiction of such States, territories and
following their adoption. The measures shall become
possessions and the Convention Area;
binding on the members of the Commission in
accordance with Article 17 paragraph 1. Such
measures shall not be open to the objection
procedure in Article 17 paragraph 2 but may be the
h) the extent to which a member of the Commission is utilising
subject of dispute settlement procedures under this
the catch for domestic consumption and the importance of
Convention.
the catch to its food security;
i) contribution to the responsible development of new or
6. The
conservation
and
management
measures
adopted
by
exploratory fisheries in accordance with Article 22; and
the Commission shall be progressively developed and integrated
into management strategies or plans that set out the
management objectives for each fishery resource, the reference
points against which to measure progress in relation to those
j) contribution to the conduct of scientific research with
objectives, the indicators to be used in relation to those
respect to fishery resources and the public dissemination
reference points and the measures to be taken in response to
of the results of such research.
particular indicator levels.
2. When
the
Commission
establishes
a
total
allowable
catch
or total allowable fishing effort for any fishery resource
Article 21
pursuant to Article 20 paragraph 4(a) (ii) or (iii), it may, with
Participation in fishing for fishery resources
the express consent of the coastal State Contracting Party or
Parties concerned, also take decisions regarding participation in
1. When
taking
decisions
regarding
participation
in
fishing fishing for that resource throughout its relevant range.
for any fishery resource, including the allocation of a total
allowable catch or total allowable fishing effort, the
Commission shall take into account the status of the fishery
resource and the existing level of fishing effort for that resource
3. In
taking
decisions
under
paragraph
2,
the
Commission
and the following criteria to the extent relevant:
shall take into account the historic catch and past and present
fishing patterns and practices throughout the relevant range of
the fishery resource concerned and the criteria listed in
paragraph 1(b)-(j).
a) historic catch and past and present fishing patterns and
practices in the Convention Area;
4. When the consent of the coastal State Contracting Party
or Parties concerned is not provided pursuant to paragraph 2:
b) compliance with the conservation and management
measures under this Convention;
a) the Commission shall take decisions, in accordance with
paragraph 1, regarding allocation of the portion of the
total allowable catch or total allowable fishing effort estab
c) demonstrated capacity and willingness to exercise effective
lished pursuant to Article 20 paragraph 4(a) (i) that may be
flag State control over fishing vessels;
taken in the Convention Area; and
d) contribution to the conservation and management of fishery
b) the Commission and the coastal State Contracting Party or
resources, including the provision of accurate data and
Parties concerned shall cooperate in accordance with
effective monitoring, control, surveillance and enforcement;
Article 4.

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5. In
taking
decisions
under
this
Article,
the
Commission
b) the compilation and management by the Commission of
may also have regard, as appropriate, to performance with
accurate and complete data to facilitate effective stock
respect to other international fisheries management regimes.
assessment and ensure that the provision of the best
scientific advice is enabled;
6. The
Commission
shall,
when
appropriate,
review
decisions
regarding participation in fishing for fishery resources, including
c) the security of, access to and dissemination of data while
the allocation of a total allowable catch or total allowable
maintaining confidentiality where appropriate;
fishing effort, taking into account the provisions of this
Article and the interests of new Contracting Parties.
d) the exchange of data among members of the Commission,
and with other regional fisheries management organisations,
Article 22
and other relevant organisations including data concerning
New or exploratory fisheries
vessels engaged in IUU fishing, and, as appropriate,
concerning the beneficial ownership of such vessels, with a
1. A fishery that has not been subject to fishing or has not
view to consolidating such information into a centralised
been subject to fishing with a particular gear type or technique
format for dissemination as appropriate;
for 10 years or more shall be opened as a fishery or opened to
fishing with such gear type or technique only when the
Commission has adopted cautious preliminary conservation
e) the facilitation of coordinated documentation and data-
and management measures in respect of that fishery, and, as
sharing between regional fisheries management organi
appropriate, non-target and associated or dependent species,
sations, including procedures to exchange data on vessel
and appropriate measures to protect the marine ecosystem in
registers, catch documentation and trade tracking schemes
which that fishery occurs from adverse impacts of fishing activ
where applicable; and
ities.
2. Such
preliminary
conservation
and
management
measures, f) regular audits of Commission member compliance with data
which may include requirements regarding notification of
collection and exchange requirements, and for addressing
intention to fish, the establishment of a development plan,
any non-compliance identified in such audits.
mitigation measures to prevent adverse impacts on marine
ecosystems, use of particular fishing gear, the presence of
observers, the collection of data, and the conduct of research
2. The
Commission
shall
ensure
that
data
are
publicly
or exploratory fishing, shall be consistent with the objective and
available concerning the number of vessels operating in the
the conservation and management principles and approaches of
Convention Area, the status of fishery resources managed
this Convention. The measures shall ensure that the new fishery
under this Convention, fishery resource assessments, research
resource is developed on a precautionary and gradual basis until
programmes in the Convention Area, and cooperative initiatives
sufficient information is acquired to enable the Commission to
with regional and global organisations.
adopt appropriately detailed conservation and management
measures.
Article 24
3. The
Commission
may,
from
time
to
time,
adopt
standard
Obligations of members of the Commission
minimum conservation and management measures that are to
1. Each member of the Commission shall, in respect of its
apply in respect of some or all new fisheries prior to the
fishing activities within the Convention Area:
commencement of fishing for such new fisheries.
a) implement this Convention and any conservation and
Article 23
management measures adopted by the Commission, and
Data collection, compilation and exchange
take all necessary measures to ensure their effectiveness;
1. To
enhance
the
information
base
for
the
conservation
and
management of fishery resources, non-target and associated or
dependent species and the protection of the marine ecosystems
b) cooperate in furthering the objective of this Convention;
in which those resources occur; and to contribute to the elim
ination or reduction of IUU fishing and its negative impact on
those resources, the Commission shall, taking full account of
c) take all necessary measures to support efforts to prevent,
Annex I of the 1995 Agreement, develop standards, rules and
deter and eliminate IUU fishing; and
procedures for, inter alia:
d) collect, verify and report scientific, technical and statistical
a) the collection, verification and timely reporting to the
data pertaining to fishery resources and marine ecosystems
Commission of all relevant data by members of the
in the Convention Area in conformity with the standards,
Commission;
rules and procedures established by the Commission.

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2. Each
member
of
the
Commission
shall
report
to
the d) land or tranship fishery resources caught in the Convention
Commission on an annual basis indicating how it has imple
Area in accordance with standards and procedures adopted
mented the conservation and management measures and
by the Commission.
compliance and enforcement procedures adopted by the
Commission. In the case of coastal State Contracting Parties,
the report shall include information regarding the conservation
and management measures they have taken for straddling
2. No
member
of
the
Commission
shall
allow
any
fishing
fishery resources occurring in waters under their jurisdiction
vessel entitled to fly its flag to be used for fishing in the
adjacent to the Convention Area in accordance with Article 20
Convention Area unless it has been authorised to do so by
paragraph 4 and Article 4. Such reports shall be made publicly
the appropriate authority or authorities of that member of the
available.
Commission.
3. Without prejudice to the primacy of the responsibility of
3. Each
member
of
the
Commission
shall:
the flag State, to the greatest extent possible, each member of
the Commission shall take measures and cooperate to ensure
compliance by its nationals, or fishing vessels owned, operated
or controlled by its nationals, with the provisions of this
a) authorise the use of fishing vessels flying its flag for fishing
Convention and any conservation and management measures
in the Convention Area only where it is able to exercise
adopted by the Commission, and immediately investigate any
effectively its responsibilities in respect of such vessels
alleged violation of such provisions and measures. Members of
under this Convention and in accordance with international
the Commission shall provide reports on the progress of the
law;
investigation to the Commission and relevant members of the
Commission at appropriate regular intervals, to the extent
permitted by national law, as well as a final report on the
b) maintain a register of fishing vessels entitled to fly its flag
outcome when the investigation is completed.
and authorised to fish for fishery resources, and ensure that,
for all such vessels, such information as may be specified by
the Commission is entered in that register;
4. To the extent permitted by its national laws and regu
lations, each member of the Commission shall establish
arrangements for making available to prosecuting authorities
c) in accordance with measures adopted by the Commission,
of other members of the Commission evidence related to
investigate immediately and report fully on actions taken in
alleged violations of the provisions of the Convention and
response to any alleged violation by fishing vessels flying its
any conservation and management measures adopted by the
flag of the provisions of this Convention or any conservation
Commission, including information available on the beneficial
and management measure adopted by the Commission.
ownership of vessels flying its flag.
Reporting shall include reports on the progress of the inves
tigation to the Commission at appropriate regular intervals,
to the extent permitted by national law, as well as a final
5. Each
member
of
the
Commission
shall
fulfil
in
good
faith
report on the outcome when the investigation is completed;
the obligations assumed under this Convention and shall
exercise the rights recognised in this Convention in a manner
which would not constitute an abuse of right.
d) ensure that penalties applicable for such violations are of an
appropriate severity, taking into account relevant factors
Article 25
including the value of the catch, to secure compliance,
discourage further violations and deprive offenders of the
Flag State duties
benefits accruing from their illegal activities; and
1. Each
member
of
the
Commission
shall
take
all
necessary
measures to ensure that fishing vessels flying its flag:
e) ensure in particular that, where it has been established, in
accordance with its laws, that a fishing vessel flying its flag
a) comply with the provisions of this Convention and the
has been involved in the commission of a serious violation
conservation and management measures adopted by the
of the provisions of this Convention or of any conservation
Commission and that such vessels do not engage in any
and management measures adopted by the Commission, the
activity which undermines the effectiveness of such
vessel concerned ceases fishing activities and does not engage
measures when operating in the Convention Area;
in such activities in the Convention Area until it has
complied with all outstanding sanctions imposed by the
member of the Commission in respect of the violation.
b) do not conduct unauthorised fishing within waters under
national jurisdiction adjacent to the Convention Area;
4. Each member of the Commission is encouraged to ensure
that fishing vessels flying its flag operate in the Convention
c) carry and operate equipment sufficient to comply with vessel
Area in accordance with applicable international obligations,
monitoring system standards and procedures adopted by the
and with regard to relevant recommendations and guidelines,
Commission; and
regarding safety at sea for vessels and their crews.

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5. Each
member
of
the
Commission
shall
ensure
that
fishing of fishing and to ensure compliance with this Convention and
vessels flying its flag engaged in or intending to engage in
the conservation and management measures adopted by the
research into fishery resources comply with any procedures
Commission including, inter alia:
established by the Commission for the conduct of scientific
research in the Convention Area.
a) the establishment and maintenance of a Commission record
of vessels authorised to fish in the Convention Area, the
Article 26
marking of vessels and fishing gear, the recording of
fishing activities, and the reporting of vessel movements
Port State duties
and activities by a satellite vessel monitoring system that
1. A
port
State
Contracting
Party
has
the
right
and
duty
to
shall be designed to ensure the integrity and security of
take measures, in accordance with international law, to promote
near real time transmissions, including through the possi
the effectiveness of sub-regional, regional and global conser
bility of direct and simultaneous transmissions, to the
vation and management measures. When taking such
Commission and flag State;
measures, a port State Contracting Party shall not discriminate
in form or in fact against the fishing vessels of any State.
b) an inspection programme for Contracting Parties, both at sea
and in port, including procedures for Contracting Parties to
2. Each
member
of
the
Commission
shall:
board and inspect each others’ vessels in the Convention
Area, and procedures for notification of inspection vessels
and aircraft of Contracting Parties that may participate in the
programme;
a) give effect to conservation and management measures
adopted by the Commission in relation to the entry and
use of its ports by fishing vessels that have engaged in
fishing in the Convention Area including, inter alia, with
c) regulation and supervision of transhipment;
respect to landing and transhipment of fishery resources,
inspection of fishing vessels, documents, catch and gear on
board, and use of port services; and
d) non-discriminatory market-related measures, consistent with
international law, to monitor transhipment, landings, and
trade to prevent, deter and eliminate IUU fishing including,
where appropriate, catch documentation schemes;
b) provide assistance to flag States, as reasonably practical and
in accordance with its national law and international law,
when a fishing vessel is voluntarily in its ports and the flag
State of the vessel requests it to provide assistance in
e) reporting on violations detected, progress and outcomes of
ensuring compliance with the provisions of this Convention
investigations, and enforcement actions taken; and
and with the conservation and management measures
adopted by the Commission.
f) addressing IUU fishing activities, including by identifying
vessels engaging in IUU fishing activities, and by adopting
3. In the event that a member of the Commission considers
appropriate measures to prevent, deter and eliminate IUU
that a fishing vessel making use of its ports has violated a
fishing, such as the development of an IUU vessels list, so
provision of this Convention or a conservation and
that owners and operators of vessels engaging in such
management measure adopted by the Commission, it shall
activities are deprived of the benefits accruing from those
notify the flag State concerned, the Commission and other
activities.
relevant States and appropriate international organisations.
The member of the Commission shall provide the flag State
and, as appropriate the Commission with full documentation
on the matter, including any record of inspection.
2. The
Commission
may
adopt
procedures
that
enable
measures, including trade-related measures in relation to
fishery resources, to be applied by members of the Commission
to any state, member of the Commission, or entity whose
4. Nothing in this Article affects the exercise by Contracting
fishing vessels engage in fishing activities that diminish the
Parties of their sovereignty over ports in their territory in
effectiveness of, or otherwise fail to comply with, the conser
accordance with international law.
vation and management measures adopted by the Commission.
Such measures should include a range of possible responses so
that account can be taken of the reason for and degree of non-
compliance and should include, as appropriate, cooperative
Article 27
capacity-building initiatives. Any implementation of trade-
Monitoring, compliance and enforcement
related measures by a member of the Commission shall be
consistent with that member’s international obligations,
1. The
Commission
shall
establish
appropriate
cooperative including its obligations under the Agreement establishing the
procedures for effective monitoring, control and surveillance
World Trade Organisation.

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3. If, within 3 years of the entry into force of this
c) requirements for collection, validation and reporting of
Convention, the Commission has not adopted at sea inspection
scientific data and information relevant to the implemen
procedures as outlined in paragraph 1 (b), or an alternative
tation of the provisions of this Convention and the conser
mechanism which effectively discharges the obligations of the
vation and management measures adopted by the
members of the Commission under the 1995 Agreement and
Commission; and
this Convention to ensure compliance with the conservation
and management measures adopted by the Commission,
Articles 21 and 22 of the 1995 Agreement shall apply
among Contracting Parties as if those Articles were part of
d) requirements to ensure the safety and training of observers,
this Convention, and boarding and inspection of fishing
for observer accommodation while on board the vessel, and
vessels in the Area, as well as any subsequent enforcement
to ensure observers have full access to and use of all relevant
action, shall be conducted in accordance with Articles 21 and
facilities and equipment on board the vessel in order to
22 of the 1995 Agreement and such additional practical
perform their duties effectively.
procedures as the Commission may decide are necessary for
the implementation of those Articles.
Article 29
Annual report of the Commission
Article 28
1. The Commission shall publish an annual report, which
Observer programme
shall include details of decisions taken by the Commission to
achieve the objective of this Convention. The report shall also
1. The Commission shall establish an observer programme,
provide information on actions taken by the Commission in
within 3 years of the entry into force of this Convention or
response to any recommendations from the General Assembly
such other period as the Commission may agree, to collect
of the United Nations or the FAO.
verified catch and effort data, other scientific data and additional
information related to the fishing activity in the Convention
Area, and its impacts on the marine environment. Information
collected by the observer programme shall, as appropriate, also
2. Copies
of
the
report
shall
be
publicly
available
and
shall
be used to support the functions of the Commission and its
be provided to the Secretary-General of the United Nations and
subsidiary bodies, including the Compliance and Technical
the Director-General of the FAO.
Committee. The observer programme shall be coordinated by
the Secretariat of the Commission, and shall be organised in a
flexible manner which takes into account the nature of the
Article 30
fishery resources and other relevant factors. In this regard, the
Commission may enter into contracts for the provision of the
Reviews
observer programme.
1. The
Commission
shall
review
the
effectiveness
of
the
conservation and management measures adopted by the
Commission in meeting the objective of this Convention and
the consistency of such measures with the principles and
2. The
observer
programme
shall
consist
of
independent
and approaches in Article 3. Such reviews may include examination
impartial observers that are sourced from programmes or
of the effectiveness of the provisions of the Convention itself
service providers accredited by the Commission. The
and shall be undertaken at least every 5 years.
programme shall be coordinated, to the maximum extent
possible, with other regional, sub-regional and national
observer programmes.
2. The
Commission
shall
determine
the
terms
of
reference
and methodology of such reviews which shall be carried out in
accordance with criteria set by the Commission which shall be
3. The
Commission
shall
develop
the
observer
programme guided by best international practices and shall include
taking into account advice from the Scientific Committee and
contributions from the subsidiary bodies as appropriate and
Compliance and Technical Committee. The programme shall be
the participation of a person or persons of recognised
operated in accordance with standards, rules and procedures
competence who is independent of the Commission.
developed by the Commission including, inter alia:
3. The
Commission
shall
take
account
of
the
recommen
a) arrangements for the placing of observers by a member of
dations arising from any such review, including through the
the Commission on vessels flying the flag of another
appropriate amendment of its conservation and management
member of the Commission with the consent of that
measures and the mechanisms for their implementation. Any
member;
proposals for amendment to the provisions of this Convention
arising from any such review shall be dealt with in accordance
with Article 35.
b) levels of coverage appropriate for different fishery resources
to monitor and verify catch, effort, catch composition and
4. The results of any such review shall be made publicly
other details of fishing operations;
available following its submission to the Commission.

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Article 31
4. Members
of
the
Commission,
individually
or
jointly,
shall
seek the cooperation of any non-Contracting Party that has
Cooperation with other organisations
been identified as a relevant port State or market State to
1. The
Commission
shall
cooperate,
as
appropriate,
with ensure compliance with the objective of this Convention.
other regional fisheries management organisations, the FAO,
with other specialised agencies of the United Nations, and
with other relevant organisations on matters of mutual interest.
Article 33
Relation to other agreements
2. The
Commission
shall
take
account
of
the
conservation 1. Nothing
in
this
Convention
shall
prejudice
the
rights,
and management measures or recommendations adopted by
jurisdiction and duties of Contracting Parties under relevant
other regional fisheries management organisations and other
provisions of international law as reflected in the 1982
relevant intergovernmental organisations that have competency
Convention or the 1995 Agreement.
in relation to the Convention Area, or in relation to areas
adjacent to the Convention Area or in respect of particular
living marine resources including non-target and associated or
dependent species, and that have objectives that are consistent
2. This
Convention
shall
not
alter
the
rights
and
obligations
with, and supportive of, the objective of this Convention. It
of Contracting Parties that arise from other agreements
shall endeavour to ensure that its own decisions are compatible
compatible with this Convention and that do not affect the
with, and supportive of, such conservation and management
enjoyment by other Contracting Parties of their rights or the
measures or recommendations.
performance of their obligations under this Convention.
3. The
Commission
shall
seek
to
make
suitable
arrangements
Article 34
for consultation, cooperation and collaboration with such other
organisations. In particular it shall seek to cooperate with other
Settlement of disputes
relevant organisations with the aim of reducing and eventually
eliminating IUU fishing.
1. Contracting
Parties
shall
cooperate
in
order
to
prevent
disputes and shall use their best endeavours to resolve any
disputes by amicable means which may include, where a
dispute is of a technical nature, referring the dispute to an ad
Article 32
hoc expert panel.
Non-Parties
1. Members
of
the
Commission
shall
exchange
information 2. In
any
case
where
a
dispute
is
not
resolved
through
the
with respect to the activities of fishing vessels engaged in fishing
means set out in paragraph 1, the provisions relating to the
in the Convention Area that are flying the flags of non-
settlement of disputes set out in Part VIII of the 1995
Contracting Parties to this Convention. Members of the
Agreement shall apply, mutatis mutandis, to any dispute
Commission shall take measures, individually or collectively,
between the Contracting Parties.
consistent with this Convention and international law to deter
activities of such vessels which undermine the effectiveness of
conservation and management measures applicable in the
Convention Area, and shall report to the Commission any
action taken in response to fishing in the Convention Area
3. Paragraph
2
shall
not
affect
the
status
of
any
Contracting
by non-Contracting Parties.
Party in relation to the 1995 Agreement or the 1982
Convention.
2. Taking account of Articles 116 to 119 of the 1982
Convention, the members of the Commission, individually or
Article 35
collectively, may draw the attention of any State or fishing
Amendments
entity which is a non-Contracting Party to this Convention to
any activity which in the opinion of the member or members of
1. The
text
of
proposed
amendments
must
be
provided
to
the Commission affects the implementation of the objective of
the Executive Secretary at least 90 days in advance of a
this Convention.
Commission meeting. The Executive Secretary shall promptly
circulate a copy of this text to all members of the Commission.
3. Members
of
the
Commission
shall,
individually
or
collec
tively, request non-Contracting Parties to this Convention whose
2. Such
proposals
for
amendment
to
this
Convention
shall
vessels fish in the Convention Area to become party to this
be adopted by the Commission by a three-fourths majority of
Convention or to agree to cooperate fully in the implemen
the Contracting Parties present and casting affirmative or
tation of conservation and management measures adopted by
negative votes. Adopted amendments shall be transmitted by
the Commission.
the Depositary to all Contracting Parties without delay.

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3. An
amendment
shall
take
effect
for
all
Contracting
Parties integration organisation or other entity referred to in Article 36
one hundred and 20 days following the date of transmittal
paragraph 1, and by any other State or any other entity referred
specified in the notification by the Depositary of receipt of
to in Article 1 paragraph 2(b) having an interest in fishery
written notification of approval by three-fourths of all
resources.
Contracting Parties unless any other Contracting Party notifies
the Depositary that it objects to the amendment within ninety
days of the date of transmittal specified in the notification by
2. Instruments
of
accession
shall
be
deposited
with
the
the Depositary of such receipt, in which case the amendment
Depositary.
shall not take effect for any Contracting Party. Any Contracting
Party which has objected to an amendment may at any time
withdraw that objection. If all objections to an amendment are
Article 38
withdrawn, the amendment shall take effect for all Contracting
Parties one hundred and 20 days following the date of trans
Entry into force
mittal specified in the notification by the Depositary of receipt
of the last withdrawal.
1. This
Convention
shall
enter
into
force
30
days
after
the
date of receipt by the Depositary of the eighth instrument of
ratification, accession, acceptance or approval, which shall
4. Any
State,
regional
economic
integration
organisation,
or include ratification, accession, acceptance or approval by:
other entity referred to in Article 1 paragraph 2 (b) that
becomes a Contracting Party after the adoption of an
amendment in accordance with paragraph 2 shall be deemed
a) at least three coastal States adjacent to the Convention Area,
to be bound by the Convention as amended once that
which must include representation from both the side of the
amendment has entered into force in accordance with
Convention Area that is east of Meridian 120° West and the
paragraph 3.
side of the Convention Area that is west of Meridian 120°
West; and
5. The
Depositary
shall
promptly
notify
all
Contracting
Parties of the receipt of notifications of approval of amend
b) at least three States that are not coastal States adjacent to the
ments, the receipt of notifications of objection or withdrawal
Convention Area and whose fishing vessels are fishing in the
of objections, and the entry into force of amendments.
Convention Area or have fished in the Convention Area.
Article 36
2. If
within
3
years
of
its
adoption,
this
Convention
has
not
Signature, ratification, acceptance and approval
entered into force in accordance with paragraph 1, it shall enter
into force 6 months after the deposit of the tenth instrument of
1. This
Convention
shall
be
open
for
signature
by:
ratification, accession, acceptance or approval, or in accordance
with paragraph 1, whichever is the earlier.
a) States, the regional economic integration organisation and
the other entities referred to in Article 1, paragraph 2 (b),
that participated in the International Consultations on the
3. For
each
signatory
which
ratifies,
accepts
or
approves
this
Establishment of the South Pacific Regional Fisheries
Convention after its entry into force, this Convention shall enter
Management Organisation; and
into force for that signatory 30 days after the deposit of its
instrument of ratification, acceptance or approval.
b) any other State or any other entity referred to in Article 1,
paragraph 2 (b), that has jurisdiction over waters adjacent to
4. For
each
State
or
regional
economic
integration
organi
the Convention Area;
sation which accedes to this Convention after its entry into
force, this Convention shall enter into force for that State or
regional economic integration organisation 30 days after the
and shall remain open for signature for 12 months from the
deposit of its instrument of accession.
first day of February 2010.
2. This
Convention
is
subject
to
ratification,
acceptance
or 5. For
the
purposes
of
this
Article,
‘fishing’
includes
only
the
approval by the signatories.
activities described in Article 1 paragraph 1 (g) (i) and (ii).
3. Instruments
of
ratification,
acceptance
or
approval
shall
be
Article 39
deposited with the Depositary.
The depositary
1. The
Government
of
New
Zealand
shall
be
the
Depositary
Article 37
of this Convention and any amendments thereto. The
Accession
Depositary shall transmit certified copies of this Convention
to all signatories and shall register this Convention with the
1. This
Convention
shall
be
open
for
accession,
after
its Secretary-General of the United Nations pursuant to Article 102
closure for signature, by any State, regional economic
of the Charter of the United Nations.

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2. The
Depositary
shall
inform
all
signatories
of
and 3. Withdrawal
from
this
Convention
by
a
Contracting
Party
Contracting Parties to this Convention of signatures and of
shall not in any way affect the duty of such Contracting Party to
instruments of ratification, accession, acceptance or approval
fulfil any obligation embodied in this Convention to which it
deposited under Article 36 or 37 and of the date of entry
would be subject under international law independently of this
into force of the Convention and of any amendments thereto.
Convention.
Article 40
Article 42
Participation by territories
Termination
1. The
Commission
and
its
subsidiary
bodies
shall
be
open This Convention shall be automatically terminated if and when,
to participation, with the appropriate authorisation of the
as the result of withdrawals, the number of Contracting Parties
Contracting Party having responsibility for its international
drops below 4.
affairs, to territories in the region that have an interest in
fishery resources.
Article 43
Reservations
2. The
nature
and
extent
of
participation
by
territories
shall
be provided for by the Contracting Parties in separate rules of
No reservations or exceptions may be made to this Convention.
procedure of the Commission, taking into account international
law, the distribution of competence on matters covered by this
Convention and the evolution in the capacity of such territory
Article 44
to exercise rights and responsibilities under this Convention.
Declarations and statements
These rules of procedure shall provide territories with the
right to participate fully in the work of the Commission and
Article 43 does not preclude a State, regional economic inte
its subsidiary bodies, except for the right to vote or block
gration organisation or entity referred to in Article 1 paragraph
consensus on decisions, advice or recommendations.
2(b), when signing, ratifying or acceding to this Convention,
from making declarations or statements, however phrased or
named, with a view, inter alia, to the harmonisation of its
3. Notwithstanding paragraph 2, all such territories shall be
laws and regulations with the provisions of this Convention,
entitled to be present and to speak at the meetings of the
provided that such declarations or statements do not purport
Commission and its subsidiary bodies. In the performance of
to exclude or to modify the legal effect of the provisions of this
its functions, and in taking decisions, the Commission shall take
Convention in their application to that State, regional economic
into account the interests of all participants.
integration organisation or entity.
Article 45
Article 41
Annexes
Withdrawal
The Annexes form an integral part of this Convention and,
1. A
Contracting
Party
may,
by
written
notification
addressed unless expressly provided otherwise, a reference to this
to the Depositary, withdraw from this Convention and may
Convention includes a reference to the Annexes relating thereto.
indicate its reasons. Failure to indicate reasons shall not affect

the validity of the withdrawal. The withdrawal shall take effect 1
year after the date of receipt of the notification, unless the
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, having
notification specifies a later date.
been duly authorised by their respective Governments, have
signed this Convention.
2. Withdrawal
from
this
Convention
by
a
Contracting
Party
shall not affect the financial obligations of such Contracting
DONE at Auckland this fourteenth day of November, two
Party incurred prior to its withdrawal becoming effective.
thousand and nine, in a single original.

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ANNEX I
PARTS OF THE CONVENTION AREA FOR WHICH THE EASTERN AND WESTERN SUB-REGIONAL
MANAGEMENT COMMITTEES HAVE RESPONSIBILITIES
1. The Eastern Sub-regional Management Committee shall be responsible for developing and recommending to the
Commission conservation and management measures for that part of the Convention Area that lies east of
Meridian 120° West.
2. The Western Sub-regional Management Committee shall be responsible for developing and recommending to the
Commission conservation and management measures for that part of the Convention Area that lies west of Meridian
120° West.

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ANNEX II
REVIEW PANEL
Establishment
1. A Review Panel to be established in accordance with Article 17 paragraph 5 shall be constituted as follows:
a) It shall consist of three members appointed from the list of experts in the field of fisheries drawn up and
maintained by the FAO pursuant to Annex VIII, Article 2 of the 1982 Convention or a similar list maintained
by the Executive Secretary. The list maintained by the Executive Secretary shall be made up from experts whose
competence in the legal, scientific or technical aspects of fisheries covered by this Convention is established and
generally recognised and who enjoy the highest reputation for fairness and integrity. Each member of the
Commission shall be entitled to nominate up to five experts and shall provide information on relevant qualifi
cations and experience of each of its nominees.
b) The Chairperson of the Commission and the member of the Commission that has presented objection to the
decision shall each appoint one member. The name of the member appointed by the objecting member of the
Commission shall be included in the notification of the objection to the Executive Secretary pursuant to Article 17
paragraph 2(a). The name of the member appointed by the Chairperson of the Commission shall be notified to
the objecting member of the Commission within 10 days of the expiry of the objection period.
c) The third member shall be appointed within 20 days of the expiry of the objection period through agreement
between the objecting member of the Commission and the Chairperson of the Commission and shall not be a
national of the objecting member of the Commission. If there is no agreement within this time period on the
appointment of the third member, the appointment shall be made by the Secretary General of the Permanent
Court of Arbitration, unless it is agreed that the appointment be made by another person or third State.
d) The Review Panel is considered to be established on the date that the third member is appointed, and this third
member shall chair the Review Panel.
2. If more than one member of the Commission presents an objection to the decision on the same grounds, or where
there is agreement pursuant to Article 17 paragraph 5 (d) that objections to the decision made on different grounds
may be dealt with by the same Review Panel, the Review Panel shall consist of 5 members from the lists referred to
in paragraph 1 (a) and shall be constituted as follows:
a) One member shall be appointed, in accordance with paragraph 1 (b) by the member of the Commission that
presented the first objection, two members shall be appointed by the Chairperson of the Commission within 10
days of the expiry of the objection period, one member shall be appointed by agreement between the subsequent
objecting members of the Commission within 15 days of the expiry of the objection period and one member
shall be appointed by agreement between all the objecting members of the Commission and the Chairperson of
the Commission within 20 days of the expiry of the objection period. If within the latter two time periods as
appropriate, agreement cannot be reached on either of the last two appointments, the appointment or
appointments on which agreement has not been reached shall be made by the Secretary General of the
Permanent Court of Arbitration unless there is agreement that the appointment or appointments be made by
another person or third State.
b) The Review Panel is considered to be established on the date that the final member is appointed. The Review
Panel shall be chaired by the member appointed by agreement between all the objecting members of the
Commission and the Chairperson of the Commission in accordance with subparagraph (a).
3. Any vacancy on a Review Panel shall be filled in the manner described for the initial appointment.
Functioning
4. The Review Panel shall determine its own rules of procedure.
5. A hearing shall be convened at a place and on a date to be determined by the Review Panel within 30 days following
its establishment.
6. Any member of the Commission may submit a memorandum to the Review Panel concerning the objection under
review and the Panel shall allow any such member of the Commission full opportunity to be heard.

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7. Unless the Review Panel decides otherwise because of the particular circumstances of the case, the expenses of the
Review Panel, including the remuneration of its members, shall be borne as follows:
a) 70 per cent shall be borne by the objecting member of the Commission, or if there is more than one objecting
member of the Commission, divided equally amongst them; and
b) 30 per cent shall be borne by the Commission from its annual budget.
8. The findings and recommendations of the Review Panel shall be adopted by a majority of its members. Any member
of the Panel may attach a separate or dissenting opinion. Any decisions on the procedure of the Review Panel shall
also be taken by a majority of its members.
9. The Review Panel shall, within 45 days of its establishment, transmit its findings and recommendations to the
Executive Secretary in accordance with Article 17 paragraph 5.
Findings and Recommendations
10. The findings and recommendations of the Review Panel shall be dealt with as follows:
Findings of Discrimination
a) If the Review Panel finds that the decision to which objection has been presented discriminates in form or in fact
against the objecting member or members of the Commission and the alternative measures have equivalent effect
to the decision to which objection has been presented, the alternative measures shall be deemed to be equivalent
to the decision and to be binding on the relevant member or members of the Commission in substitution for the
decision.
b) Subject to subparagraphs (d) and (e), if the Review Panel finds that the decision to which objection has been
presented discriminates in form or in fact against the objecting member or members of the Commission and the
alternative measures are equivalent in effect to the decision to which objection has been presented, subject to
specific modifications, the Review Panel will recommend such modifications. On receipt of the findings and
recommendations of the Review Panel the objecting member or members of the Commission shall, within 60
days, modify the relevant alternative measures as recommended by the Review Panel or institute dispute
settlement proceedings under this Convention. The alternative measures shall be deemed to be equivalent to
the decision to which an objection has been presented when they are modified as recommended by the Review
Panel. Such alternative measures shall then be binding on the relevant member or members of the Commission in
the modified form in substitution for the decision. If the objecting member or members of the Commission
choose to institute dispute settlement proceedings under this Convention then neither the decision nor the
modified alternative measures shall be binding on the objecting member or members of the Commission
pending decisions made in those proceedings.
c) Subject to subparagraphs (d) and (e), if the Review Panel finds that the decision to which objection has been
presented unjustifiably discriminates in form or in fact against the objecting member or members of the
Commission but the alternative measures do not have equivalent effect to the decision to which objection has
been presented the objecting member or members of the Commission shall, within 60 days, adopt measures
recommended by the Review Panel as equivalent in effect to the decision to which objection has been presented
or institute dispute settlement proceedings under this Convention. If the objecting member or members of the
Commission adopt the measures recommended by the Review Panel these measures shall be deemed to be
binding on the objecting member or members of the Commission in substitution for the decision. If the
objecting member or members of the Commission choose to institute dispute settlement proceedings under
this Convention then neither the decision nor any measures recommended by the Review Panel shall be
binding on the objecting member or members of the Commission pending decisions made in those proceedings.
d) Where the Review Panel makes findings and recommendations under subparagraphs (b) or (c) the objecting
member or members of the Commission may within 30 days from the date of the transmittal of the notification
of those findings and recommendations request an extraordinary meeting of the Commission. The Extraordinary
Meeting shall be convened by the Chairperson within 45 days of the receipt of any such request.
e) If the Extraordinary Meeting convened under subparagraph (d) confirms or modifies the recommendations of the
Review Panel, the 60 day period under subparagraphs (b) or (c) as appropriate, for the implementation of those
findings and recommendations in original or modified form or the institution of dispute settlement proceedings,
shall run from the date of the transmittal of the decision of the Extraordinary Meeting. If the Extraordinary
Meeting of the Commission decides not to confirm or modify the recommendations of the Review Panel but to
revoke the decision to which objection was presented and replace it with a new decision or a modified version of
the original decision, the new or modified decision shall become binding on the members of the Commission in
accordance with Article 17.

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Findings of Inconsistency
f) If the Review Panel finds that the decision to which objection has been presented is inconsistent with this
Convention, the 1982 Convention or the 1995 Agreement an Extraordinary Meeting of the Commission shall
be convened by the Chairperson within 45 days of the notification of the Review Panel’s findings and recom
mendations to reconsider the decision in the light of those findings and recommendations.
g) If the Extraordinary Meeting of the Commission revokes the decision to which objection has been presented and
replaces it with a new decision, or a modified version of the previous decision, the new or modified decision shall
become binding on the members of the Commission in accordance with Article 17.
h) If the Extraordinary Meeting of the Commission confirms its original decision, the objecting member or members
of the Commission shall, within 45 days, implement the decision or institute dispute settlement proceedings
under this Convention. If the objecting member or members of the Commission choose to institute dispute
settlement proceedings under this Convention, the decision shall not be binding on the objecting member or
members of the Commission pending decisions made in those proceedings.
Findings of Non-justification of Objection
i) If the Review Panel finds that the decision to which objection has been presented does not discriminate in form or
in fact against the objecting member or members of the Commission and is not inconsistent with this Convention
or the 1982 Convention or the 1995 Agreement the objecting member or members of the Commission shall,
subject to subparagraph (j), within 45 days implement the decision or institute dispute settlement proceedings
under this Convention. If the objecting member or members of the Commission choose to institute dispute
settlement proceedings under this Convention the decision shall not be binding on the objecting member or
members of the Commission pending decisions made in those proceedings.
j) If the Review Panel finds that the decision to which objection has been presented does not discriminate in form or
in fact against the objecting member or members of the Commission and is not inconsistent with this Convention
or the 1982 Convention or the 1995 Agreement but that the alternative measures are equivalent in effect to the
decision and should be accepted as such by the Commission, the alternative measures shall be binding on the
objecting member or members of the Commission in substitution for the decision pending confirmation of their
acceptance by the Commission at its next meeting.

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ANNEX III
PROCEDURES FOR THE ESTABLISHMENT AND IMPLEMENTATION OF A TOTAL ALLOWABLE CATCH OR
TOTAL ALLOWABLE FISHING EFFORT FOR A STRADDLING FISHERY RESOURCE WHEN APPLIED
THROUGHOUT ITS RANGE
1. In accordance with Articles 23 and 24, coastal State Contracting Parties and members of the Commission whose
vessels fish for the straddling fishery resource in areas under national jurisdiction or on the high seas in the adjacent
Convention Area shall provide all relevant scientific, technical and statistical data with respect to such fishery resources
to the Commission for consideration by the Scientific Committee and, as appropriate, the Compliance and Technical
Committee.
2. In accordance with Article 10, the Scientific Committee shall assess the status of the straddling fishery resource
throughout its range and provide advice to the Commission and the relevant Sub-regional Management Committee
on an appropriate total allowable catch or total allowable fishing effort for the resource throughout its range. Such
advice should include where possible estimates of the extent to which the establishment of a total allowable catch or a
total allowable fishing effort at different levels would achieve the objective or objectives of any management strategy
or plan adopted by the Commission.
3. In accordance with Article 12, and on the basis of the advice of the Scientific Committee and any relevant advice of
the Compliance and Technical Committee, the relevant Sub-regional Management Committee shall make recommen
dations to the Commission on a total allowable catch or total allowable fishing effort for the fishery resource
throughout its range and appropriate measures to ensure the total allowable catch or total allowable fishing effort
is not exceeded.
4. In accordance with Articles 16 and 20, the Commission, on the basis of the recommendations and advice from the
Scientific Committee and the relevant Sub-regional Management Committee and any relevant advice of the
Compliance and Technical Committee, shall establish a total allowable catch or total allowable fishing effort for
the fishery resource throughout its range and adopt appropriate measures to ensure that the total allowable catch
or total allowable fishing effort is not exceeded.
5. In relation to the conservation and management of Trachurus murphyi (jack mackerel), the Commission shall, in
accordance with Article 20, and as appropriate, give primary consideration to establishing a total allowable catch,
without prejudice to any other conservation and management measures which it considers appropriate to adopt to
ensure the conservation and sustainable use of this fishery resource.

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Official Journal of the European Union
6.3.2012
ANNEX IV
FISHING ENTITIES
1. After the entry into force of this Convention, any fishing entity whose vessels have fished or intend to fish for fishery
resources may, by a written instrument delivered to the Depositary, express its firm commitment to abide by the terms
of this Convention and comply with any conservation and management measures adopted pursuant to it. Such
commitment shall become effective 30 days from the date of receipt of the instrument. Any such fishing entity
may withdraw such commitment by written notification addressed to the Depositary. The withdrawal shall become
effective 1 year after the date of its receipt, unless the notification specifies a later date.
2. Any fishing entity referred to in paragraph 1 above may by a written instrument delivered to the Depositary, express
its firm commitment to abide by the terms of the Convention as it may be amended pursuant to Article 35(3). This
commitment shall be effective from the dates referred to in Article 35(3) or on the date of receipt of the written
communication referred to in this paragraph, whichever is later.
3. A fishing entity which has expressed its firm commitment to abide by the terms of this Convention and comply with
conservation and management measures adopted pursuant to it in accordance with paragraph 1 must abide by the
obligations of members of the Commission, and may participate in the work, including decision making, of the
Commission in accordance with the provisions of this Convention. For the purposes of this Convention, references to
the Commission or members of the Commission include such fishing entity.
4. If a dispute involves a fishing entity which has expressed its commitment to be bound by the terms of this Convention
in accordance with this Annex and cannot be settled by amicable means, the dispute shall, at the request of any party
to the dispute, be submitted to final and binding arbitration in accordance with the relevant rules of the Permanent
Court of Arbitration.
5. The provisions of this Annex relating to the participation of a fishing entity are only for the purposes of this
Convention.

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