Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering articles 52 to 55 of the Constitution;
Having regard to Act No. 2005-252 of 18 March 2005 authorizing accession to the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific (all four annexes);
Having regard to the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France;
In view of Decree No. 96-774 of 30 August 1996 on the publication of the United Nations Convention on the Law of the Sea (a set of nine annexes), signed at Montego Bay on 10 December 1982, and of the Agreement on the Application of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982, made in New York on 28 July 1994 (a consolidated annex),
Decrete:
The Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific (all four annexes), made in Honolulu on 5 September 2000, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A N N E X E
CONVENTION ON THE CONSERVATION AND MANAGEMENT OF GRAND MIGRATOR STOCKS IN THE OCCIDENTAL AND CENTRAL PACIFIC (ENSEMBLE QUATRE ANNEXES)
The Contracting Parties to this Convention,
Resolved to ensure the long-term conservation and sustainable use of highly migratory fish stocks in the Western and Central Pacific Ocean for the benefit of present and future generations,
Recalling the relevant provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 and the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks,
Recognizing that, under the 1982 Convention and the above-mentioned Agreement, coastal States and States fishing in the region must cooperate to ensure the conservation of highly migratory fish stocks and to promote the optimal exploitation of these species throughout their migration areas,
Recognizing that the effectiveness of conservation and management measures requires the application of the precautionary approach and the use of the best available scientific information,
Aware of the need to avoid harming the marine environment, preserving biodiversity, maintaining the integrity of marine ecosystems and minimizing the risk of long-term or irreversible effects of fishing operations,
Recognizing the ecological and geographic vulnerability of small island developing States, territories and possessions of the region, their economic and social dependence on highly migratory fish stocks, and the need to provide them with special assistance, including financial, scientific and technical, to enable them to contribute effectively to the conservation, management and sustainable use of highly migratory fish stocks,
Recognizing also that small island developing States have specific needs to be given special consideration and attention in the context of their financial, scientific and technical assistance,
Recognizing that the implementation of compatible, effective and binding conservation and management measures necessarily entails cooperation between coastal States and fishing States in the region,
Convinced that the best way to effectively and fully protect and manage highly migratory fish stocks in the Western and Central Pacific Ocean is to establish a regional commission,
The following agreed:
Part I
General provisions
Article 1
Definitions
For the purposes of this Convention:
(a) The United Nations Convention on the Law of the Sea of 10 December 1982 is defined by the Convention of 1982;
(b) "Agreement" means the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks;
(c) "Commission" means the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, whose present Convention establishes;
(d) "fishing" means:
(i) research, catch, capture or harvest of fish;
(ii) the attempt to search, catch, capture or harvest fish;
(iii) the continuation of any other activity that may reasonably be expected to result in the location, capture, capture or harvest of fish for any purpose;
(iv) the installation, research or recovery of fish concentration or related electronic equipment, such as radio beacons;
(v) any operation at sea directly intended to facilitate or prepare one of the activities referred to in subparagraphs (i) to (iv) above, including trans-shipment;
(vi) the use of any vessel, vehicle, aircraft or aeroglider for the purpose of carrying out one of the activities referred to in subparagraphs (i) to (v) above, except in emergency situations where the health and safety of a crew or the safety of a ship is at stake;
(e) "fishing ship" means any vessel used or designed for fishing, including support vessels, carrier vessels and any other vessel directly involved in such fishing operations;
(f) "Highly Migratory Fish Stocks" means all fish stocks listed in Schedule 1 to the 1982 Convention in the Convention area, and any other species that may be designated by the Commission;
(g) "Regional economic integration organization" means a regional economic integration organization to which its member States have transferred their competence in the matters covered by this Convention, including the power to make decisions in these matters to its member States;
(h) It is understood by "trans-shipment" that all or part of the fish found on board a fishing vessel on board another fishing vessel, either at sea or at port.
Article 2
Objective
The objective of this Convention is to ensure by effective management long-term conservation and sustainable use of highly migratory fish stocks in the Western and Central Pacific Ocean, in accordance with the 1982 Convention and the Agreement.
Article 3
Scope
1. Subject to Article 4, the area within the jurisdiction of the Commission (hereinafter referred to as "the area of the Convention") includes all the waters of the Pacific Ocean, delimited south and east by a line that goes:
From the southern coast of Australia, south along the 141st longitude meridian is until its intersection with the 55th parallel of south latitude; then full is along the 55th parallel of south latitude until its intersection with the 150th east longitude meridian; then south along the 150th longitude meridian is until its intersection with the 60th parallel of south latitude; then full is along the 60th parallel of south latitude until its intersection with the 130th Meridian of west longitude; then full north along the 130th meridian of west longitude until its intersection with the 4th parallel of south latitude; then full west along the 4th south latitude parallel to its intersection with the 150th west longitude meridian; then north along the 150th western longitude meridian.
2. Nothing in this Convention shall constitute a recognition of the claims or positions of any member of the Commission as to the legal status and extent of the waters and areas claimed by any member of the Commission.
3. This Convention applies to all highly migratory fish stocks within the Convention area, with the exception of seaweeds or seaweeds. The conservation and management measures provided for in this Convention shall apply to all areas where stocks are located, or to specific areas of the Convention area, as decided by the Commission.
Article 4
Relations between this Convention
and the 1982 Convention
Nothing in this Convention affects the rights, jurisdiction and obligations of States under the 1982 Convention and the Agreement. This Convention is interpreted and applied in the context of the 1982 Convention and the Agreement and in a manner consistent with them.
Part II
Conservation and management
Highly Migratory Fish Stocks
Article 5
Principles and conservation and management measures
In order to ensure the conservation and management of all highly migratory fish stocks in the Convention area, the members of the Commission, in accordance with the 1982 Convention, the Agreement and this Convention, shall:
(a) Take measures to ensure the long-term sustainability of highly migratory fish stocks in the Convention area and to promote optimal exploitation of fish stocks;
(b) Ensure that these measures are based on the most reliable scientific observations available to them and are likely to maintain or restore stocks at levels that ensure maximum consistent performance, taking into account the relevant economic and environmental factors, including the special needs of developing States in the Convention area, including small island developing States, and taking into account fishing methods, the interdependence of stocks and all generally recommended international minimum standards,
(c) Apply the precautionary approach in accordance with this Convention and all relevant internationally agreed standards, as well as all recommended practices and procedures;
(d) Evaluate the effects of fishing, other human activities and environmental factors on stocks, non-target species and species that belong to or are associated with or dependent on the ecosystem;
(e) Take measures to minimize waste, releases, captures by lost or abandoned equipment, pollution from fishing vessels, capture of fish species and other non-target species (hereinafter referred to as "non-target species"), as well as the impacts of associated or dependent species, in particular endangered species, and to promote the development and use of cost-effective fishing gear
(f) Protect the biological diversity of the marine environment;
(g) Take measures to prevent or stop overexploitation and excess fishing capacity, and ensure that fishing effort does not reach a level incompatible with the sustainable use of fisheries resources;
(h) Consider the interests of fishermen who practice artisanal fishing and subsistence fishing;
(i) Collect and share in a timely manner comprehensive and accurate data on fishing activities, including on the position of vessels, the catch of targeted species and non-target species and the fishing effort, as well as information from national and international research programmes; and
(j) Implement and enforce conservation and management measures through effective monitoring, monitoring and monitoring operations.
Article 6
Application of precautionary approach
1. Pursuant to the precautionary approach, the members of the Commission:
(a) Apply the guidelines set out in Annex II of the Agreement, which is an integral part of this Convention, and determine, on the basis of the most reliable scientific information available to them, reference points for each stock, as well as measures to be taken if they are exceeded;
(b) Take into account, inter alia, the uncertainties regarding the size and rate of reproduction of stocks, the reference points, the status of stocks in relation to these points, the extent and distribution of fishing-related mortality and the impact of fishing on non-target species and associated or dependent species, as well as the ocean, ecological and socio-economic conditions present and extrapolated; and
(c) Develop data-gathering and research programs to assess the effects of fishing on non-target species and associated or dependent species and their environment, and if necessary adopt the plans necessary for the conservation of these species and for the protection of particularly endangered habitats.
2. Commission members take all the more precautions as the information is uncertain, unreliable or inadequate. They do not invoke the lack of adequate scientific data to refrain from taking conservation and management measures or to defer its application.
3. When reference points are reached, members of the Commission take steps to ensure that they are not exceeded. If they are, members of the Commission shall immediately take the conservation and management measures referred to in paragraph 1 (a) to reconstitute the stocks.
4. When the status of the intended stocks, non-target species or associated or dependent species becomes of concern, the Commission members reinforce their monitoring of these stocks and species to assess their status and control the effectiveness of conservation and management measures. They regularly review these in the light of new information.
5. For new fisheries or exploratory fisheries, members of the Commission adopt prudent conservation and management measures as soon as possible, including limiting catch volume and fishing effort. These measures remain in effect until the data collected is sufficient to assess the effects of fishing on long-term sustainability of stocks. Conservation and management measures based on this evaluation are then adopted. Where appropriate, these measures enable the progressive development of fisheries.
6. If a natural phenomenon has significant negative effects on the state of highly migratory fish stocks, the Commission's members urgently take conservation and management measures to ensure that fishing does not worsen these negative effects. They also urgently take similar measures when fishing seriously threatens the sustainability of these stocks. Emergency measures are temporary and rely on the most reliable scientific data.
Article 7
Application of principles in areas
under a national jurisdiction
1. In the exercise of their sovereign rights for the exploration and exploitation, conservation and management of highly migratory fish stocks, coastal States shall apply the principles and measures of conservation and management referred to in Article 5 in areas under their national jurisdiction that are part of the Convention area.
2. Members of the Commission shall take due account of the respective capacity of developing coastal States, including small island developing States in the Convention area, to implement the provisions of Articles 5 and 6 in areas under their national jurisdiction, as well as their assistance needs, as envisaged in this Convention.
Article 8
Compatibility of conservation and management measures
1. The conservation and management measures established for the high seas must be consistent with those adopted for areas under national jurisdiction to ensure the full conservation and management of highly migratory fish stocks. To this end, the members of the Commission have an obligation to cooperate in order to achieve compatible measures for these stocks.
2. In order to establish measures for the conservation and management of highly compatible migratory fish stocks in the Convention area, the Commission:
(a) Consider the biological unit and other biological characteristics of the stocks and the relationship between their distribution, fisheries and geographical characteristics of the region concerned, including the importance of stocks and their degree of exploitation in areas under national jurisdictions;
(b) It's important.
(i) the conservation and management measures adopted and implemented in accordance with Article 61 of the 1982 Convention for the same stocks by coastal States in areas under their national jurisdiction, and ensure that the measures taken throughout the Convention area for these stocks do not compromise the effectiveness of these measures;
(ii) measures previously agreed, agreed and applied for the same stocks in the high seas forming part of the Convention area, by the coastal States concerned and the States that practise offshore fisheries, in accordance with the 1982 Convention and the Agreement;
(c) Takes into account the measures previously agreed to and implemented in accordance with the 1982 Convention and the Agreement for the same stocks by a subregional or regional fisheries organization or arrangement;
(d) Takes into account the respective dependence of coastal States and States practicing offshore fisheries on the stocks considered; and
(e) Ensure that these measures do not have harmful effects on all marine biological resources.
3. The coastal State shall ensure that the measures it adopts and applies to highly migratory fish stocks in areas under its national jurisdiction do not compromise the effectiveness of the measures taken by the Commission for the same stocks under this Convention.
4. When the area of the Convention includes high seas areas entirely surrounded by the exclusive economic zones of members of the Commission, the Commission shall pay particular attention to the application of this article to the compatibility of conservation and management measures taken in these high seas areas with those taken for the same stocks by the surrounding coastal States in areas under their national jurisdiction, in accordance with Article 61 of the 1982 Convention.
Part III
Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean
Section 1
General provisions
Article 9
Establishment of the Commission
1. This Convention establishes the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, which operates in accordance with the provisions of this Convention.
2. A fishing entity referred to in the Agreement, which has agreed to be bound by the regime established by this Convention in accordance with the provisions of Annex I, may participate in the work of the Commission, including in the decision-making process, in accordance with the provisions of this Article and Annex I.
3. The Commission meets once a year. It holds as many meetings as it requires the exercise of its functions under this Convention.
4. The Commission shall elect a Chairperson and a Vice-Chairperson of different nationalities from Contracting Parties. They are elected for a period of two years and are re-elected. The President and the Vice-President shall remain in office until the election of their successors.
5. The cost-effectiveness ratio applies to the frequency, duration and schedule of meetings of the Commission and its subsidiary bodies. Where necessary, the Commission signs contractual agreements with the competent institutions that may provide the specialized services necessary for its proper functioning and to enable it to carry out its responsibilities effectively under this Convention.
6. The Commission, a legal entity of international law, has the legal capacity to carry out its functions and achieve its objectives. The privileges and immunities enjoyed by the Commission and its officials in the territory of a Contracting Party have been agreed between the Commission and that Contracting Party.
7. The Contracting Parties shall establish the place of the seat of the Commission and shall designate its Executive Director.
8. The Commission shall adopt, and amend, as appropriate, by consensus, the rules of procedure governing its meetings, including those of its subsidiary bodies, as well as the effective exercise of its functions.
Article 10
Functions of the Commission
1. Without prejudice to the exercise of the sovereign rights of coastal States for the exploration and exploitation, conservation and management of highly migratory fish stocks in areas under their national jurisdiction, the Commission has the following functions:
(a) To determine the total allowable volume of captures and the overall level of fishing effort in the Convention area for highly migratory fish stocks of its choice, and to adopt the conservation and management measures and recommendations necessary to ensure the long-term sustainability of these stocks;
(b) To promote cooperation and coordination among its members so that measures for the conservation and management of highly migratory fish stocks in areas within national jurisdictions are consistent with the measures applied in the high seas for such stocks;
(c) To adopt, where necessary, conservation and management measures, as well as recommendations to maintain or reconstitute populations of non-target species and dependent species or associated with stocks at a higher level than that in which their existence would be severely threatened;
(d) To adopt standards for the timely collection, verification, exchange and communication of data on the exploitation of highly migratory fish stocks in the Convention area in accordance with Annex I to the Agreement that is an integral part of this Convention;
(e) Collect and disseminate accurate and complete statistical data so that the most reliable scientific information is available, while maintaining, where appropriate, their confidential nature;
(f) To obtain scientific advice and evaluate them, to monitor the status of stocks, to promote relevant scientific research and to disseminate the results thereof;
(g) Define, where appropriate, criteria for the allocation of the total permissible catch volume and the overall fishing effort for highly migratory fish stocks in the Convention area;
(h) To adopt the minimum international standards generally recommended for responsible fishing practice;
(i) Establish appropriate and effective cooperation mechanisms for observation, control, monitoring and police, including a ship monitoring system;
(j) To obtain and evaluate economic data and other fishing data and information relevant to its work;
(k) To agree on how to meet the fishing interests of any new member of the Commission;
(l) Adopt its rules of procedure and financial regulations, as well as any internal regulations necessary for the performance of its functions;
(m) To review and approve its proposed budget;
(n) To encourage the peaceful settlement of disputes; and
(o) Debate any matters or matters within its competence and adopt the measures and recommendations necessary to achieve the objective of this Convention.
2. In implementing paragraph 1, the Commission may take decisions on, inter alia:
(a) The volume of catches by species or stock;
(b) The level of fishing effort;
(c) Limitations of fishing capacity, including measures relating to the number, type and size of fishing vessels;
(d) permitted fishing zones and periods;
(e) The size of fish of any species that may be captured;
(f) Fishing equipment and usable techniques; and
(g) Determined regions or subregions.
3. When defining the criteria for the distribution of the total allowable catch volume or the overall fishing effort, the Board shall consider, inter alia:
(a) Stock status and current level of fishing effort in fisheries;
(b) The respective interests, processes and practices of fishing past and present from those involved in fisheries, and the proportion of catches intended for domestic consumption;
(c) The historical evolution of captures in the area;
(d) The needs of small island developing States, and territories and possessions of the Convention area, whose economy, supply and subsistence are highly dependent on the exploitation of biological marine resources;
(e) The respective contribution of participants to the conservation and management of stocks, including the provision of accurate data and their contribution to scientific research in the Convention area;
(f) Compliance with conservation and management measures by participants;
(g) The needs of coastal communities that live primarily from the exploitation of these stocks;
(h) The particular situation of a State surrounded by the exclusive economic zones of other States and which itself has only an exclusive economic zone exiguous;
(i) The geographical location of a small island developing State consisting of groups of non-contiguous islands, having a distinct economy and a proper cultural identity, but which are separated by high seas areas;
(j) Fisheries interests and wishes of coastal States, including small island developing States, and territories and possessions, where stocks are also located in areas under their national jurisdiction.
4. The Commission may decide on the distribution of the total allowable catch volume or the overall fishing effort. In this regard, it makes its decisions by consensus, including those that exclude certain types of vessels.
5. The Commission takes into account the reports and recommendations of the Scientific Committee and the Technical and Monitoring Committee on matters within their respective competences.
6. The Commission shall promptly inform all its members of the decisions and recommendations adopted by it, and shall give appropriate publicity to the conservation and management measures it has taken.
Article 11
Subsidiary bodies of the Commission
1. This Convention shall be established as subsidiary bodies of the Commission, a Scientific Committee and a Technical and Monitoring Committee, which shall provide advice and recommendations to the Commission on matters within their respective competence.
2. Each member of the Commission is authorized to designate a representative to each Committee, possibly accompanied by other experts and advisers. Such representatives should have appropriate qualifications or useful experience in the area of competence of the Committee.
3. The Committees meet as often as they require their functions, on the understanding that they meet even before the annual session of the Commission and that they communicate to it the conclusions of their deliberations.
4. The Committees strive to adopt their reports by consensus. If they fail to do so, they record in their reports the majority and minority opinions and may state the differences between the representatives of the members on the whole or part of the report.
5. In the performance of their functions, the Committees may, where appropriate, consult any other technical, scientific or fisheries management organization that has expertise in the field subject to the consultation, and may, where appropriate, request an expert's opinion.
6. The Commission may establish any other subsidiary body that it considers necessary for the performance of its functions, including working groups to consider technical matters relating to specific species or stocks and to report to it on their conclusions.
7. The Commission shall establish a committee to make recommendations on the implementation of possible conservation and management measures for the area north of the 20th parallel north of latitude, as well as on the formulation of similar measures for stocks that are primarily in that area. At this committee are members located in or fishing in this area. A member of the Commission who does not sit on the committee may send a representative who participates in the discussion as an observer. Members of the committee shall cover any extraordinary expenses related to the work of the committee. The Committee adopted by consensus the recommendations to be submitted to the Commission. In order to adopt measures on the specific stocks and species of the area, the Commission relies on the recommendations of the committee. These recommendations should be consistent with the general policy and measures adopted by the Commission in respect of the stocks and species in question, and with the principles and conservation and management measures set out in this Convention. If the Commission, in accordance with the rules of procedure for making decisions on substantive matters, does not agree with the Committee's recommendation on any point, it refers the matter to the committee. The Committee reviews the issue in the light of the views expressed by the Commission.
Section 2
Scientific information and advice
Article 12
Functions of the Scientific Committee
1. The Scientific Committee is established to ensure that the Commission has the best available scientific information.
2. The Scientific Committee is responsible for:
(a) To recommend to the Commission a research program including specific questions and topics to be submitted to scientific experts, or to other organizations or individuals, as appropriate, and to identify data needs and to coordinate the activities necessary to respond to them;
(b) To study the assessments, analyses, other work and recommendations developed by the scientific experts for the Commission before the Commission considers them, and to provide information, advice and observations relevant to the Commission;
(c) To encourage and promote cooperation in scientific research, taking into account the provisions of Article 246 of the 1982 Convention, to improve information on highly migratory fish stocks, non-target species and species of the same ecosystem, or associated with them, or dependent on them in the area of the Convention;
(d) To review the results of research and analysis of the intended stocks or non-target, associated or dependent species in the Convention area;
(e) To provide the Commission with its observations or conclusions on the status of the stocks or non-target, associated or dependent species in the Convention area;
(f) To recommend to the Commission, in consultation with the Technical and Monitoring Committee, the priorities and objectives of the regional observer programme, and to evaluate the results of the regional observer programme;
(g) To submit reports and recommendations to the Commission, as a result of a referral or its own initiative, on matters relating to the conservation and management of targeted stocks or non-target, associated or dependent species in the Convention area, or research in this regard; and
(h) To perform any other functions and responsibilities that may be entrusted to it or assigned by the Commission.
3. The Committee shall perform its functions in accordance with the instructions and guidelines adopted by the Commission.
4. Representatives of the High-Level Fisheries Programme of the Pacific Community and the Inter-American Commission of Thon Tropical or their successor organizations are invited to participate in the work of the Committee. The Commission may also invite other organizations or personalities with scientific expertise in matters relevant to the work of the Commission to participate in its meetings.
Article 13
Scientific services
1. Taking into account any recommendation of the Scientific Committee, the Commission may rely on the services of scientific experts to provide information and advice on the fisheries resources that are the subject of this Convention and on related matters that may relate to the conservation and management of these resources. It may make administrative and financial arrangements to benefit from scientific services for this purpose. In this regard, and in order to carry out its functions, taking into account the cost/effectiveness ratio, it uses the services of existing regional organizations to the extent possible and consults, where appropriate, other technical, scientific or specialized organizations in fisheries management, with expertise in matters relevant to its work.
2. According to the Commission ' s instructions, scientific experts:
(a) Conduct research and scientific studies in support of the work of the Commission;
(b) Define and recommend to the Commission and the Scientific Committee specific reference points for each stock, for species of priority interest to the Commission;
(c) Evaluate the status of stocks from the Commission's benchmarks;
(d) Report to the Commission and the Scientific Committee on the results of their work and provide advice and recommendations on the conservation and management measures to be developed and related matters; and
(e) All other functions and tasks that may be required.
3. In carrying out their work, scientific experts:
(a) Ensure the collection, compilation and dissemination of fisheries data in accordance with the agreed principles and procedures established by the Commission, including the confidentiality, disclosure and publication of data;
(b) Conduct assessments of highly migratory fish stocks, non-target species, and species that belong to or are associated with or dependent on the ecosystem in the Convention area;
(c) Assess the effects of fishing, other human activities and environmental factors on the stocks and species that belong to or are associated with or dependent on the ecosystem;
(d) Assess the potential effects of the proposed changes to methods or levels of operation and proposed conservation and management measures; and
(e) Study any other scientific subject that the Commission could bring to their attention.
4. The Commission may take the necessary steps to regularly submit to a collegial review the scientific information and advice provided by scientific experts.
5. Reports and recommendations of scientific experts are communicated to the Scientific Committee and the Commission.
Section 3
Technical and Monitoring Committee
Article 14
Functions of the Technical and Monitoring Committee
1. The functions of the Technical and Monitoring Committee are:
(a) To provide the Commission with information, technical advice and recommendations on the application and compliance of conservation and management measures;
(b) To monitor implementation and monitor compliance with conservation and management measures adopted by the Commission and make recommendations deemed necessary;
(c) To review the implementation of the compliance, monitoring, monitoring and police measures adopted by the Commission and implemented in cooperation and make recommendations deemed necessary.
2. In performing its functions, the Committee:
(a) A place of exchange of information on the means used to implement conservation and management measures adopted by the High Seas Commission, as well as the additional measures applied in waters under national jurisdictions;
(b) Receives reports of members of the Commission on measures adopted to detect and punish offences under the provisions of this Convention;
(c) In consultation with the Scientific Committee, recommends to the Commission the priorities and objectives of the regional observer programme, when established, and assess the results of its implementation;
(d) Consider and elaborate on any other matters that the Commission submits to it, including the development and revision of measures to ensure the verification and validation of fisheries data;
(e) Formulate recommendations to the Commission's attention on technical issues such as marking vessels and fishing gear;
(f) In consultation with the Scientific Committee, make recommendations to the Commission's attention on fishing gear and techniques that can be used;
(g) Communicates to the Commission its observations or conclusions regarding compliance with conservation and management measures; and
(h) Makes recommendations to the Commission on compliance, monitoring, monitoring and police matters.
3. The Committee may establish, with the agreement of the Commission, the subsidiary bodies necessary for the performance of its functions.
4. The Committee shall perform its functions in accordance with the instructions and guidelines adopted by the Commission.
Section 4
Secretariat
Article 15
The Secretariat
1. The Commission may establish a permanent secretariat, composed of an Executive Director and the staff it may require.
2. The Executive Director is appointed for four years; it is eligible for re-election once for four years.
3. The Executive Director is the highest official of the Commission. It acts in this capacity in all meetings of the Commission and any subsidiary body, and performs any other administrative functions entrusted to it by the Commission.
4. The functions of the Secretariat are:
(a) To receive and transmit the official communications of the Commission;
(b) Facilitate the compilation and dissemination of data necessary for the realization of the objective of this Convention;
(c) To prepare administrative and other reports to the attention of the Commission, the Scientific Committee and the Technical and Monitoring Committee;
(d) To manage arrangements for observation, control and monitoring, and to obtain scientific advice;
(e) To publish the decisions of the Commission and to promote its activities and those of its subsidiary bodies; and
(f) Ensure financial, personnel and other administrative functions.
5. The Secretariat established pursuant to this Convention shall respect the cost-effectiveness ratio in order to minimize the costs incurred by members of the Commission. The establishment and functioning of the Secretariat shall take into account, where appropriate, the capacity of existing regional institutions to perform some of the technical functions of the Secretariat.
Article 16
Commission staff
1. Commission staff includes qualified scientific and technical staff, and other persons who may be required to serve the Commission. He is appointed by the Executive Director.
2. The most important factor for the recruitment and employment of staff is the need to ensure the services of people meeting the highest standards of efficiency, competence and integrity. Subject to this consideration, the need for equitable recruitment among members of the Commission to ensure broad representation of the Secretariat must be duly taken into account.
Section 5
Financial Organization of the Commission
Article 17
Financial resources of the Commission
1. The Commission ' s financial resources include:
(a) Obligatory contributions as provided for in Article 18, paragraph 2;
(b) Voluntary contributions;
(c) The resources of the fund referred to in paragraph 3 of Article 30; and
(d) Any other financial resources that the Commission could benefit from.
2. The Commission shall adopt, and amend, where appropriate, by consensus, the financial regulations governing its administration and the performance of its functions.
Article 18
Commission budget
1. The Executive Director shall prepare and submit the proposed budget of the Commission. This project outlines the administrative expenses of the Commission that are funded by the mandatory contributions referred to in paragraph 1 (a) of Article 17 and those that are funded by the resources referred to in paragraphs 1 (b), (c) and (d) of Article 17. The Commission adopted the budget by consensus. If it fails to agree on the budget, the level of contributions to the Commission's administrative budget is calculated on the basis of the previous year's budget, so as to support the following fiscal year's administrative expenditures, until a new budget can be adopted by consensus.
2. Contributions to the budget are determined on a scale that the Commission adopts, and amends, where appropriate, by consensus. This scale takes into account the need to set for each member an equal base assessment, a contribution proportionate to its wealth reflecting its level of development and its capacity to pay, as well as a variable contribution. The variable assessment is based, inter alia, on the total level of capture of species to be specified by the Commission, carried out in exclusive economic zones and areas beyond national jurisdictions in the Convention area, subject to the application of a reduction coefficient made in the exclusive economic zone of a member of the Commission who is a developing State or territory by vessels flying the flag of that member. The scale adopted is set out in the financial regulations of the Commission.
3. A late member of the Commission ' s financial contributions cannot participate in its decision-making if the amount of its arrears is equal to or greater than the contribution due for the previous two years. Interest is accrued on unpaid assessed contributions at the rate established by the Commission in its financial regulations. The Commission may nevertheless exempt this member from the payment of interest and allow him to vote if it finds that the breach is due to circumstances beyond its control.
Article 19
Annual audit
The records, books and accounts of the Commission, including its annual financial statements, are audited annually by an independent auditor appointed by the Commission.
Section 6
Decision-making
Rule 20
Decision-making
1. As a general rule, the decisions of the Commission are taken by consensus. For the purposes of this article, "consensual" means the absence of any formal objection expressed at the time the decision was taken.
2. Except where this Convention expressly provides that a decision shall be taken by consensus and in the event that consensus-building remains futile, the decisions made on procedural matters shall be taken by a majority of the members present and voting. Decisions on substantive issues are made by a majority of three-quarters of the members present and voting, provided that the majority includes three-quarters of the members present and voting, who are part of the South Pacific Forum Fisheries Agency and three-quarters of the members present and voting, who are not part of the South Pacific Forum Fisheries Agency, provided that no proposal is ever rejected by two or more members When it comes to knowing whether or not the issue is a substantive issue, this point is treated as a substantive issue unless the Commission decides otherwise by consensus or by a majority required to deal with substantive issues.
3. If the President considers that all possibilities for reaching a decision by consensus have been exhausted, he chooses a moment of the current session to put the decision to the vote. At the request of a representative, the Commission may, by a majority of the members present and voting, postpone the decision at a time of the current session that it considers appropriate. At the time, she voted on the outstanding issue. This procedure can only be used once for any question.
4. Where this Convention expressly states that a proposal requires a decision by consensus and that the Chairperson finds that an objection may be high against this proposal, the Commission may designate a mediator to reconcile views and reach consensus.
5. Subject to paragraphs 6 and 7, the Commission ' s decisions shall become binding 60 days after their adoption.
6. A member who voted against a decision or was absent at the meeting in which a decision was made may, within 30 days after the adoption of the decision by the Commission, request its review by a group constituted in accordance with the terms set out in Annex II to this Convention, using one of the following reasons:
(a) The decision is incompatible with the provisions of this Convention, the 1982 Agreement or Convention; or
(b) The decision constitutes unjustified, formal or de facto discrimination against him.
7. In the expectation of the conclusions and recommendations of the review group and any measures required by the Commission, no member is required to give effect to the decision in question.
8. If the review group concludes that there is no need to amend, amend or cancel the Commission's decision, it becomes binding 30 days after the date on which the Executive Director discloses the findings and recommendations of the revision group.
9. If the Review Panel recommends that the Commission amend, amend or cancel its decision, the Commission amends or fines its decision at its next annual session, in accordance with the conclusions and recommendations of the Review Group, or cancels it, subject to the convocation, upon written request of the majority of the members, of a special meeting within 60 days of the communication to the members of the conclusions and recommendations of the Review Group.
Section 7
Transparency and cooperation
with other organizations
Article 21
Transparency
The Commission promotes transparency in its decision-making process and other activities. Representatives of intergovernmental and non-governmental organizations dealing with issues relating to the implementation of this Convention shall be offered the opportunity to participate in the sessions of the Commission and its subsidiary bodies as observers or otherwise, as appropriate. The Commission ' s rules of procedure provided for such participation. The terms of the latter should not be too restrictive. Such intergovernmental and non-governmental organizations have timely access to relevant information in accordance with the rules and procedures that may be established by the Commission.
Article 22
Cooperation with other organizations
1. The Commission cooperates as appropriate with the United Nations Food and Agriculture Organization and other United Nations agencies and specialized agencies in areas where they have common interests.
2. The Commission shall make the necessary arrangements to cooperate, cooperate and collaborate with other relevant intergovernmental organizations, including those that pursue neighbouring objectives and that may contribute to the achievement of the purpose of this Convention, such as the Commission for the Conservation of Wildlife and Flora Marines of Antarctica, the Commission for the Conservation of South Thon, the Indian Ocean Thon Commission and the Inter-American Commission of Thon Tropical.
3. When the Convention area overlaps an area under another fisheries management organization, the Commission cooperates with that organization to avoid duplication of measures for the overlapping sector species regulated by both organizations.
4. The Commission cooperates with the Inter-American Commission of Thon Tropical to achieve the objective set out in Article 2 of this Convention. To this end, it engages in consultations with this Commission to agree with it on consistent conservation and management measures, including related measures for the observation, monitoring and monitoring of fish stocks in areas within the organization.
5. The Commission may enter into cooperation agreements with the organizations referred to in this Article and, where appropriate, with other organizations, such as the Pacific Community and the South Pacific Forum Fisheries Agency, in order to obtain the best available scientific and fisheries information to achieve the objective of this Convention and to minimize duplication of expertise.
6. Any organization with which the Commission has entered into an arrangement or agreement under paragraphs 1, 2 and 5 above may designate representatives to attend meetings of the Commission as observers in accordance with the Commission's rules of procedure. Procedures will be established to take the advice of these organizations in appropriate cases.
Part IV
Obligations of members of the Commission
Article 23
Obligations of members of the Commission
1. Any member of the Commission shall, as soon as possible, implement the provisions of this Convention and any measures of conservation and management, as well as any other measures or decisions subsequently agreed under this Convention, and cooperate to advance its objectives.
2. Members of the Commission:
(a) Provide annual data and statistical, biological and other information to the Commission in accordance with Annex I to the Agreement, as well as data and information that the Commission may request;
(b) Provide the Commission in accordance with the terms and timeframes established by it information on their fishing activities in the Convention area, including on fishing areas and fishing vessels, to facilitate the compilation of reliable catch and fishing effort statistics; and
(c) Provide information on the initiatives taken to implement the conservation and management measures adopted by the Commission in accordance with the deadlines set.
3. Its members keep the Commission informed of the measures they have taken to ensure the conservation and management of highly migratory fish stocks in the areas of the Convention area under their national jurisdiction. The Commission periodically transmits this information to all its members.
4. Its members keep the Commission informed of the measures they have taken to regulate the activities of vessels flying their flag that fish in the Convention area. The Commission periodically transmits this information to all its members.
5. Members of the Commission shall take all possible measures to ensure that their nationals and vessels fishing in or under the control of their nationals comply with the provisions of this Convention. For this purpose, they may enter into agreements with States whose ships are flying the flag to facilitate compliance with these provisions. Any member of the Commission shall, when requested by another member and the Commission has relevant information, carry out an investigation as thoroughly as possible on any alleged breaches of the provisions of this Convention or any measures adopted by the Commission against its nationals or fishing vessels owned or controlled by its nationals. A report on the progress of the investigation, detailing any measures that may be initiated or envisaged in relation to the alleged offence, is submitted to the member who makes the request and the Commission, as soon as possible, and in any case within two months of the submission of the application. A report on the findings of the investigation is presented at the end of the investigation.
Part V
Obligations of the flag State
Article 24
Obligations of the flag State
1. Members of the Commission shall make all necessary arrangements to ensure:
(a) That fishing vessels flying their flags comply with the provisions of this Convention and the conservation and management measures adopted in accordance with this Convention, and that they do not engage in any activity that compromises its effectiveness; and
(b) That fishing vessels flying their flags do not engage in illegal fishing in an area under the national jurisdiction of another Contracting Party.
2. No member of the Commission shall allow the use of a fishing vessel authorized to beat its flag for the fishing of highly migratory fish stocks in the area of the Convention beyond the area under its national jurisdiction, without the authorization of the competent authority or authorities of that member. Members of the Commission shall not authorize vessels flying their flag to fish in the area of the Convention extending beyond the area under their national jurisdiction unless they have the capacity to effectively discharge their responsibilities with respect to such vessels under the 1982 Convention, the Agreement and this Convention.
3. Members of the Commission only authorize the fishing vessel concerned:
(a) Do not practise fishing in areas under the national jurisdiction of other States unless it holds a licence, permit or authorization required by these other States; and
(b) Oper in the high seas area of the Convention in accordance with the requirements of Annex III, which are also established as a general obligation for all vessels acting under the provisions of this Convention.
4. The members of the Commission shall maintain, for the purpose of the proper implementation of this Convention, a file of fishing vessels authorized to fly their flag and authorized to fish in the Convention area beyond the area under their national jurisdiction, and shall ensure that all such vessels are included in this file.
5. The members of the Commission shall provide each year, in accordance with the terms and conditions agreed by the Commission, the information listed in Annex IV to this Convention, for each fishing vessel listed in the file held in accordance with paragraph 4, and shall promptly notify the Commission of any changes to that information.
6. The members of the Commission shall keep it informed as soon as possible:
(a) Any new entry to the file;
(b) Any deletion of the file due;
(i) voluntary abandonment or non-renewal of fishing authorization by the owner or operator of a fishing vessel;
(ii) the withdrawal of the fishing authorization issued for a fishing vessel under the conditions envisaged in paragraph 2;
(iii) the withdrawal of the authorization to beat their flag;
(iv) the destruction, decommissioning or loss of the fishing vessel concerned; and
(v) any other circumstance,
specifying which of these reasons is valid in this case.
7. The Commission shall maintain its own file on the basis of information provided to it in accordance with paragraphs 5 and 6 on fishing vessels referred to in paragraph 4. It periodically communicates the information in this file to all its members and, individually, to any member who requests it.
8. Members of the Commission require their fishing vessels operating highly migratory fish stocks on the high seas in the Convention area that they use near real-time satellite location transmitters when located in these areas. The standards, technical characteristics and method of use of these emitters are defined by the Commission, which uses a monitoring system to track all vessels operating highly migratory fish stocks on the high seas in the Convention area. When defining these standards, these technical characteristics and this method of employment, the Commission takes into account the characteristics of the traditional fishing vessels of developing States. The Commission receives the information provided by the monitoring system in accordance with the procedures it adopts, either directly and at the same time as the flag State when it requests, or through the organization it designates. The procedures adopted by the Commission include measures to protect the confidentiality of information provided by the ship monitoring system. Any member of the Commission may request that the waters under its national jurisdiction be included in the area covered by that system.
9. Members of the Commission require their fishing vessels operating in the area of the Convention, in areas within the national jurisdiction of another member, the use of satellite transmitters in almost real time, in accordance with the standards, technical characteristics and the mode of employment defined by the coastal State.
10. Commission members cooperate to ensure compatibility of monitoring systems for national and high seas vessels.
Part VI
Compliance with regulations and police powers
Rule 25
Compliance with regulations and police powers
1. The members of the Commission shall respect the provisions of this Convention and the conservation and management measures adopted by the Commission.
2. At the request of another member, and in the light of the relevant information, any member of the Commission shall conduct a thorough investigation into any alleged violation of the provisions of this Convention or any conservation and management measures adopted by the Commission charged to fishing vessels flying its flag. A report on the progress of the investigation detailing any measures that may be initiated or envisaged in relation to the alleged offence is submitted to the member who makes the request and the Commission, as soon as possible, and in any case within two months of the submission of the application. A report on the findings of the investigation is presented at the end of the investigation.
3. If the Commission is satisfied to have sufficient evidence regarding the alleged offence of a fishing vessel flying its flag, any member of the Commission shall seize its competent authorities with a view to the expeditious initiation of proceedings in accordance with its laws and, where appropriate, immobilize the vessel in question.
4. The members of the Commission shall ensure that any fishing vessel flying their flag, which has been established in accordance with their laws, has been involved in the commission of a serious offence to the provisions of this Convention or to a conservation and management measure adopted by the Commission, ceases its fishing operations and refrains from undertaking it in the area of the Convention until all sanctions imposed by the flag State for this offence have been implemented. When the vessel in question carried out fishing operations without authorization in an area under the national jurisdiction of a coastal State Party to this Convention, the flag State shall ensure in accordance with its laws that the vessel shall submit to it as soon as possible the sanctions imposed by that coastal State under its domestic laws and regulations, or impose it itself in accordance with paragraph 7. For the purposes of this Article, "serious offence" means any offence referred to in paragraphs 11 (a) to (h) of Article 21 of the Agreement, and any other offence qualified as such by the Commission.
5. To the extent that their laws and internal regulations permit, members of the Commission shall make arrangements to communicate to the prosecution authorities in other Member States the evidence relating to alleged offences.
6. Where there are serious reasons to believe that a fishing vessel located on the high seas has engaged in fishing without authorization in an area under the national jurisdiction of a member of the Commission, the flag State shall immediately, at the request of that member, conduct a thorough investigation. The flag State cooperates with that member to take appropriate coercive measures in this case, and may empower the competent authorities of the member to stop and inspect the vessel on the high seas. This paragraph is without prejudice to Article 111 of the 1982 Convention.
7. All judicial investigations and procedures are conducted as soon as possible. Sanctions for offences must be sufficiently rigorous to ensure compliance with the rules and to discourage offences in any place, and they must deprive the perpetrators of the offences of profits arising from their illegal activities. Measures applicable to captains and other officers of fishing vessels include provisions that may authorize, inter alia, the refusal, withdrawal or suspension of the authorization to perform the duties of captain or officer on board such vessels.
8. Members shall transmit to the Commission an annual statement of measures taken under this section to enforce the regulations, including sanctions imposed in the event of an offence.
9. The provisions of this article shall be without prejudice:
(a) Rights enjoyed by the members of the Commission in accordance with their national fisheries laws and regulations, including the right to impose appropriate sanctions on the vessel that commits an offence in the area under their national jurisdiction, in accordance with these national laws and regulations, and
(b) Rights enjoyed by members of the Commission on the basis of provisions relating to compliance with the regulations and enforcement of offences provided for in a bilateral or multilateral agreement on access to fisheries, and which are not incompatible with the provisions of this Convention, the Agreement or the 1982 Convention.
10. Any member of the Commission who has serious reasons to believe that a fishing vessel flying the flag of another State has engaged in an activity that compromises the effectiveness of the conservation and management measures adopted for the Convention area must notify the flag State concerned and, where appropriate, the Commission. To the extent that its domestic legislation and regulations permit, it provides the flag State with all the detailed evidence supporting its allegations, of which it can provide a summary to the Commission. It does not disseminate this information until the flag State has had the opportunity to make its observations on the allegation and the evidence provided, or to raise an objection, as the case may be.
11. Members of the Commission may take measures in accordance with the Agreement and international law, including by using the procedures adopted by the Commission to deter fishing vessels that have carried out activities that undermine the effectiveness of conservation and management measures adopted by the Commission, or do not respect them, of fishing in the area of the Convention, pending appropriate action by the flag State.
12. The Commission shall, if necessary, establish procedures for taking non-discriminatory trade measures, in accordance with its international obligations, in respect of any species covered by its regulations, against any State or entity whose fishing vessels operate in a manner that compromises the effectiveness of the conservation and management measures adopted by the Commission.
Rule 26
Regulation and inspection
1. To ensure compliance with conservation and management measures, the Commission establishes procedures for the regulation and inspection of fishing vessels located on the high seas in the Convention area. All vessels engaged in the regulation and inspection of high seas fishing vessels in the Convention area shall bear external marks clearly indicating that they are assigned to a public service and are authorized to stop and inspect vessels on the high seas under this Convention.
2. If, within two years after the entry into force of this Convention, the Commission fails to agree on these procedures or any other mechanism to enable its members to effectively discharge the obligation, under the Agreement and this Convention, to ensure compliance with the conservation and management measures that the Commission has instituted, Articles 21 and 22 of the Agreement shall apply, subject to the provisions of paragraph 3 below. The regulation and inspection of fishing vessels in the area of the Convention and the application of any subsequent coercive measures in accordance with the procedures set out in the said articles shall be carried out, and in accordance with any further practical procedure that the Commission may have deemed necessary for the implementation of Articles 21 and 22 of the Agreement.
3. Members of the Commission shall ensure that fishing vessels flying their flags are subject to the regulation by duly authorized inspectors in accordance with the above procedures. These duly authorized inspectors comply with the procedures for the inspection and inspection.
Rule 27
Measures taken by the port State
1. In accordance with international law, the port State has the right and obligation to take measures to promote the effectiveness of subregional, regional and global conservation and management measures. When taking such measures, the port State does not discriminate in any form or in fact against the fishing vessels of any State.
2. The port State may, inter alia, control documents, fishing gear and captures on board fishing vessels when the fishing vessel of a member State of the Commission is voluntarily located in a port or terminal facility off another member.
3. Commission members may pass regulations enabling competent national authorities to prohibit landings and trans-shipments when it is determined that captures have been made in a manner that compromises the effectiveness of conservation and management measures adopted by the Commission
4. Nothing in this Article shall affect the exercise by the Contracting Parties of their sovereignty over the ports of their territory in accordance with international law.
Part VII
Regional Observer Programme
and Trans-shipment Regulation
Rule 28
Regional Observer Programme
1. The Commission sets up a regional observer programme to collect audited data on catches, other scientific data, as well as additional information on fisheries in the Convention area, and to monitor the implementation of the conservation and management measures it has adopted.
2. The observer programme is coordinated by the Commission Secretariat and organized with flexibility to take into account the nature of the fishery and other relevant factors. The Commission can subcontract the implementation of the regional observer programme.
3. The regional observer programme involves independent and impartial observers, approved by the Commission Secretariat. To the extent possible, it is coordinated with other regional, subregional and national observer programs.
4. Members of the Commission shall ensure that fishing vessels flying their flag in the area of the Convention, with the exception of those operating exclusively in waters under their national jurisdiction, are prepared to receive an observer for the regional observer programme, if requested by the Commission.
5. The provisions of paragraph 4 apply to vessels fishing exclusively on the high seas in the Convention area, vessels fishing on the high seas and in waters under the jurisdiction of one or more coastal States, and vessels fishing in waters under the jurisdiction of at least two coastal States. When a vessel operates on the same exit both in the waters under the national jurisdiction of the flag State and in the adjacent high seas, the observer who is on board under the regional observer programme may not carry out any of the activities described in paragraph 6 (e) as long as the vessel is in the waters under the jurisdiction of the flag State, unless the flag State consents to it.
6. The regional programme of observers shall be carried out in accordance with the following guidelines and under the conditions set out in Article 3 of Annex III to this Convention:
(a) It has sufficient scope for the Commission to receive appropriate data and information on the volume of catch and other related considerations in the Convention area, taking into account the characteristics of fisheries;
(b) Each member of the Commission has the right to involve its nationals as observers;
(c) Observers shall be trained and approved in accordance with uniform methods approved by the Commission;
(d) Observers do not interfere with the vessel's licit operations in an unwarranted manner and, in carrying out their duties, take due account of its operational requirements. To this end, they regularly consult the master or the fishing owner;
(e) Observer activities include the collection of data on captures and scientific data, the monitoring of the application of conservation and management measures adopted by the Commission, and the reporting of the results of the observations, in accordance with the procedures developed by the Commission;
(f) The programme respects cost-effectiveness, avoids duplication with existing regional, subregional and national observer programmes, and tends to hamper the least possible operations of fishing vessels in the Convention area;
(g) An observer's assignment is announced with reasonable notice.
7. The Commission develops other procedures and guidelines for the implementation of the regional observer programme, including:
(a) To protect unintegrated data and other information that it considers confidential;
(b) To communicate to its members the data and information collected by observers;
(c) To ensure that the boarding of observers is carried out by clearly establishing the rights and responsibilities of the master or fisherman and crew when an observer is on board, as well as the rights and responsibilities of the observer in the performance of his duties.
8. The Commission sets out the funding modalities for the observer programme.
Rule 29
Trans-shipment
1. In order to facilitate the collection of accurate capture data, members of the Commission encourage their fishing vessels, to the extent possible, to carry out trans-shipments at the port. A member may designate one or more of its ports as transshipment ports for the purposes of this Convention, and the Commission shall periodically communicate to all its members the list of such ports.
2. The transshipment shall be carried out in the port or in the waters under the national jurisdiction of a member of the Commission in accordance with its existing legislation.
3. The Commission shall establish procedures for collecting and verifying data on the quantity and species of trans-shipped fish at the port and at sea in the Convention area, and determine the date on which a trans-shipment involving this Convention has been carried out.
4. The trans-shipment at sea in the area of the Convention beyond areas of national jurisdiction is carried out only under the conditions specified in Article 4 of Annex III to this Convention, and in accordance with the procedures established by the Commission under paragraph 3 of this Article. These procedures take into account the characteristics of the fisheries concerned.
5. Notwithstanding paragraph 4, and subject to the specific exemptions that the Commission may adopt to take into account existing activities, it is prohibited for senneurs operating in the Convention area to carry out a trans-shipment at sea.
Part VIII
Needs of developing States
Rule 30
Recognition of special needs
of Developing States
1. The Commission fully recognizes the special needs of developing States Parties to this Convention, including small island developing States, and territories and possessions, in the conservation and management of highly migratory fish stocks in the Convention area and in the development of fisheries in these stocks.
2. In fulfilling its obligation to cooperate in the establishment of measures for the conservation and management of highly migratory fish stocks, the Commission shall take into account the special needs of developing States Parties, in particular small island developing States, territories and possessions, and in particular:
(a) The vulnerability of developing States Parties, in particular small island developing States, that are dependent on the exploitation of marine biological resources, including to meet the food needs of their population or parts of their population;
(b) The need to avoid harming subsistence fishing, small commercial and artisanal fisheries, small fishermen and indigenous populations of developing States Parties, in particular small island developing States, and territories and possessions, and to ensure their access to these types of fisheries; and
(c) The need to ensure that these measures do not result in the direct or indirect support to developing States Parties and territories and possessions of a disproportionate share of the conservation effort.
3. The Commission is a fund to facilitate the effective participation of developing States Parties, in particular small island developing States, and, where appropriate, territories and possessions, in its work, including its meetings and subsidiary bodies. Its financial regulations include directives governing the administration of this fund and set the criteria to benefit from it.
4. Cooperation with developing States, and with territories and possessions, to achieve the objectives of this article may result in financial assistance, human resources training assistance, technical assistance or technology transfer, including through partnership agreements and advisory services. Such assistance will include:
(a) Improving the conservation and management of highly migratory fish stocks through the collection, publication, verification, exchange and analysis of fishery data and related information;
(b) Stock assessment and scientific research; and
(c) Compliance, monitoring, monitoring, compliance with regulations and enforcement of offences, including training and capacity-building activities, the development and funding of national and regional observer programs, and the provision of technology and equipment.
Part IX
Peaceful settlement of disputes
Rule 31
Dispute resolution procedures
The dispute settlement provisions set out in Part VIII of the Agreement shall apply mutatis mutandis to any dispute between members of the Commission, whether or not they are Parties to the Agreement.
Part X
States not Parties to this Convention
Rule 32
States not Parties to this Convention
1. Members of the Commission shall take measures in accordance with this Convention, the Agreement and international law to deter vessels flying the flag of States not Parties to this Convention from engaging in activities that undermine the effectiveness of the conservation and management measures adopted by the Commission.
2. Members of the Commission shall exchange information on the activities of fishing vessels flying the flag of States not Parties to this Convention that are fishing in the area of the Convention.
3. The Commission shall draw the attention of any State that is not a Party to this Convention to any activity undertaken by its nationals or by vessels flying its flag that, in its opinion, jeopardize the achievement of the objectives of this Convention.
4. Members of the Commission, individually or jointly, invite States not Parties to this Convention whose vessels fish in the Convention area to cooperate fully in the implementation of the conservation and management measures adopted by the Commission in order to ensure that these measures are applied to all fishing operations carried out in the Convention area. These cooperating States not Parties to this Convention shall benefit from the benefits of participation in the operation of fisheries in proportion to their commitment to the conservation and management measures of the stocks concerned, and their past attitude to their compliance.
5. States not Parties to this Convention may, at their request, and subject to the consent of the members of the Commission and to respect the provisions of the rules of procedure relating to the granting of observer status, be invited to attend meetings of the Commission as observers.
Part XI
Good faith and abuse of law
Rule 33
Good faith and abuse of law
The obligations arising from this Convention are fulfilled in good faith and the rights recognized in this Convention are exercised in a manner that does not constitute an abuse of law.
Part XII
Final provisions
Rule 34
Signature, ratification, acceptance, approval
1. This Convention is open for signature by the following States: Australia, Canada, China, Cook Islands, Federated States of Micronesia, Fiji, France, Indonesia, Japan, Republic of Kiribati, Republic of the Marshall Islands, Republic of Nauru, New Zealand, Niue, Republic of Palau, Independent State of Papua New Guinea, Republic of the Philippines, Republic of Korea, Independent State of Samoa, Solomon Islands, Kingdom of Tonga, Tuvalu, United Kingdom of
2. This Convention shall be subject to ratification, acceptance or approval by signatories.
3. Instruments of ratification, acceptance or approval shall be deposited with the depositary.
4. Any Contracting Party shall be a member of the Commission established by this Convention.
Rule 35
Access
1. States referred to in article 34, paragraph 1, and any entity referred to in article 305, paragraph 1 (c), (d) and (e), of the 1982 Convention in the Convention area may accede to this Convention.
2. Following the entry into force of this Convention, Contracting Parties may, by consensus, invite other States and regional economic integration organizations, whose nationals and fishing vessels wish to fish highly migratory fish in the area of the Convention, to accede to it.
3. The instruments of accession shall be deposited with the depositary.
Rule 36
Entry into force
1. This Convention comes into force 30 days after the deposit of instruments of ratification, acceptance, approval or accession by:
(a) Three states located north of the 20th parallel of north latitude; and
(b) Seven States south of the 20th parallel to the north latitude.
2. If, within three years of its adoption, this Convention has not been ratified by three of the States referred to in paragraph 1 (a) it shall enter into force six months after the date of deposit of the thirteenth instrument of ratification, acceptance, approval or accession, or in accordance with paragraph 1, on the condition that is the earliest.
3. For each State, an entity referred to in subparagraphs (c), (d) and (e) of Article 305 of the 1982 Convention located in the area of the Convention, or a regional economic integration organization that formally ratifies, confirms, accepts or approves this Convention after its entry into force, this Convention shall take effect on the thirtieth day after the date of deposit of its instrument of ratification, formal confirmation, acceptance, acceptance, acceptance,
Rule 37
Reservations and exceptions
This Convention does not grant reservations or exceptions.
Rule 38
Statements
Article 37 does not prohibit a State, an entity referred to in subparagraphs (c), (d) and (e) of Article 305 of the 1982 Convention located in the area of the Convention, or a regional economic integration organization, at the time of signing, ratifying or acceding to this Convention, from making declarations, irrespective of its wording or denomination, with a view to excluding its regulations
Rule 39
Relationship with other agreements
This Convention does not affect the rights and obligations of Contracting Parties and fishing entities referred to in Article 9, paragraph 2, which arise from other agreements consistent with this Convention, and which do not affect the enjoyment by other Contracting Parties of the rights they hold of this Convention or the fulfilment of their obligations under this Convention.
Rule 40
Amendment
1. Any member of the Commission may propose to its consideration amendments to this Convention. The proposed amendment shall be submitted in writing to the Executive Director at least 60 days before the meeting of the Commission to which it is to be considered. The Executive Director shall transmit this communication to all members of the Commission as soon as possible.
2. Amendments to this Convention shall be considered at the annual session of the Commission, unless the majority of members request a special session for that purpose. A special session must be convened with at least 60 days' notice. Amendments to this Convention shall be adopted by consensus. The text of an amendment adopted by the Commission is communicated to all members of the Commission by the Executive Director as soon as possible.
3. Amendments to this Convention shall enter into force with respect to Contracting Parties ratifying or acceding to them on the thirtieth day after the deposit of instruments of ratification or accession by the majority of Contracting Parties. After that date, they enter into force with respect to Contracting Parties ratifying or acceding to them after the deposit of the required number of instruments, the thirtieth day after the deposit of their instrument of ratification or accession.
Rule 41
Annexes
1. The annexes shall be an integral part of this Convention and, unless expressly provided otherwise, a reference to this Convention or to any of its Parties shall also refer to the relevant annexes.
2. Annexes to this Convention may be revised periodically and any member of the Commission may propose a revision. Notwithstanding the provisions of Article 40, if the revision of an annex is adopted by consensus at a meeting of the Commission, it shall be incorporated into this Convention and shall take effect on the date of its adoption or on the date that may be indicated in the revision.
Rule 42
Withdrawal
1. A Contracting Party may, by written notification addressed to the depositary, waive its commitment by indicating its reasons. The failure to indicate reasons does not detract the validity of the withdrawal. The notification takes effect one year after the date of receipt of the notification, unless the notification indicates a later date.
2. Its withdrawal does not release a Contracting Party from the financial obligations to which it was subject before its withdrawal becomes effective.
3. Its withdrawal shall in no way free a Contracting Party from its duty to fulfil the obligations set out in this Convention to which it would be subject under international law independently of this Convention.
Rule 43
Participation of Territories
1. The following territories may participate in the work of the Commission and its subsidiary bodies with the authorization of the Contracting Party which is responsible for its international relations:
Guam;
Northern Mariana Islands;
New Caledonia;
French Polynesia;
American Samoa;
Tokelau;
Wallis-et-Futuna.
2. The nature and extent of such participation shall be determined by the Contracting Parties in disjointed provisions of the Commission's rules of procedure, taking into account international law, the allocation of competences for the subjects covered by this Convention and the evolution of the capacity of the territory concerned to exercise rights and assume responsibilities under this Convention.
3. Notwithstanding paragraph 2, all such participants are entitled to participate fully in the work of the Commission, including the right to be present and to address the meetings of the Commission and its subsidiary bodies. In the performance of its functions and in the decision-making process, the Commission considers the interests of all participants.
Rule 44
Depositary
The Government of New Zealand is the depositary of this Convention and any amendments and revisions to which it may be subject. The depositary shall register this Convention with the Secretary-General of the United Nations in accordance with Article 102 of the Charter of the United Nations.
In faith, undersigned Plenipotentiaries, duly authorized to do so, have signed this Convention.
Made in Honolulu, September 5, 2000, in a unique original.
A N N E X E I
ENTITIES
1. Following the entry into force of this Convention, any fishing entity whose vessels fish highly migratory fish stocks in the Convention area may, by a written document addressed to the depositary, declare itself bound by the regime established by this Convention. This commitment takes effect thirty days after the instrument is handed over. Any fishing entity may withdraw from its undertaking by written notification to the depositary. Its withdrawal takes effect one year after the date of receipt of the notification, unless the notification indicates a later date.
2. The fishing entity participates in the work of the Commission, including in decision-making, and complies with its obligations under this Convention. For the purposes of this Convention, any reference made to this Convention by the Commission or members of the Commission shall apply to these fishing entities as well as to the Contracting Parties.
3. If a dispute concerning the interpretation or application of this Convention and involving a fishing entity cannot be settled by agreement between the Parties concerned, it shall, at the request of one of the Parties concerned, be subject to final and binding arbitration under the relevant rules of the Permanent Court of Arbitration.
4. The provisions of this annex relating to the participation of fishing entities only apply for the purposes of this Convention.
A N N E X E I
REVISION GROUP
1. Pursuant to paragraph 6 of Article 20, the request for a review of a decision made by the Commission must be submitted in writing to the Executive Director within 30 days of the adoption of that decision. The application is accompanied by a statement of the grounds on which it is based. The Executive Director shall send copies of the application and the accompanying statement to all members of the Commission.
2. The revision group is formed and operates as follows:
(a) The review group is composed of three members selected in accordance with this annex from among the experts on fisheries issues on the list prepared and maintained by the United Nations Food and Agriculture Organization of the United Nations in accordance with Article 2 of Annex VIII to the 1982 Convention, or on a similar list maintained by the Executive Director;
(b) A member of the Commission who requests revision ("the applicant") means a member, who may or may not be a member of the Commission. This designation is included in the written request referred to in paragraph 1;
(c) When several members of the Commission request a review of the same decision, they agree to jointly designate a member of the review group within 20 days of receipt of the first application, regardless of the grounds of each applicant. If the members concerned fail to agree on the designation, the designation shall be made in accordance with the provisions of paragraph (f), at the request of one of the members concerned;
(d) The Chairperson of the Commission shall designate a member within 20 days of receipt of the application referred to in paragraph 1 of this annex;
(e) The third member shall be designated by agreement between the applicant or the applicants and the Chairperson of the Commission. The chair of the review group is chosen in the same way among the three members of the review group. If, within 20 days after the receipt of the application referred to in paragraph 1 of this annex, the applicant or applicants and the Chairperson of the Board fail to agree to designate the member(s) of the revision group, or to designate the Chair of the revision group, the designation or designations expected, using the provisions of paragraph (f), at the request of a Party shall be made. This application is filed within 10 days of the expiry of the 20-day period referred to above;
(f) Unless the parties concerned agree to make the designations referred to in subparagraphs (c), (d) and (e) of this paragraph by a person or a third State that they have chosen, the President of the International Tribunal for the Law of the Sea shall proceed thereto;
(g) Any vacancy shall be filled in the manner provided for the initial designation.
3. The review group shall meet in a hearing at the place and the date it determines within 30 days of its constitution.
4. The review group determines its own procedures, ensuring the diligence of the proceedings and giving the applicant, or applicants, the full opportunity to be heard and present their views.
5. The Executive Director acts on behalf of the Commission and provides the revision group with sufficient information to enable it to understand the reasons why the decision was made.
6. Any member of the Commission may submit to the revision group a memorandum on the matter before it; the revision group gives any member the whole possibility to be heard.
7. Unless the review group decides otherwise because of the particular circumstances of the species, its expenses, including the remuneration of its members, are as follows:
(a) 70% at the expense of the applicant or, if there are several applicants, also distributed among them;
(b) 30 per cent of the Commission ' s annual budget.
8. The decisions of the review group shall be taken by a majority of its members.
9. If the applicant, or one of the applicants when there are several, does not appear before the review panel, the review panel may continue the procedure and formulate its conclusions and recommendations. The absence of an applicant does not impede the review process.
10. The findings and recommendations of the review group are limited to the subject-matter of the application and specify the reasons on which they are based. They mention the names of the members who took part in it and the date of their formulation. Any member of the group may attach to the conclusions the statement of his or her individual or dissident opinion. The conclusions of the revision group do not replace the Commission ' s decision. The review group shall communicate its findings and recommendations, including the reasons for their use, to the applicant or applicants, and to the Executive Director within 30 days of the end of the session. The Executive Director shall provide copies of the conclusions and recommendations of the review group, as well as the reasons on which they are based, to all members of the Commission.
A N N E X E I I
MODALITIES OF THE EXPERITURE
Article 1
Introduction
The operator of a fishing vessel authorized to operate in the Convention area shall comply with the conditions set out below throughout the time during which the vessel is located in that area. These conditions apply in addition to all conditions to which the vessel is subject in areas under the national jurisdiction of a member of the Commission under a licence issued by that member or in accordance with a bilateral or multilateral fishing agreement. For the purposes of this annex, the term "operator" means any person who has the charge, command or control of a fishing vessel, including the owner, master, or charterer.
Article 2
Compliance with national legislation
The vessel operator shall comply with the applicable national legislation of each coastal State Party to this Convention when it enters the area under the jurisdiction of that State. It is responsible for the compliance of this legislation by the vessel and its crew, and the vessel is operated in accordance with this legislation.
Article 3
Operator's obligations to observers
1. The operator and all crew members authorize and assist any person identified as an observer for the regional observer programme:
(a) To board in an agreed place and hour;
(b) To have free access to the facilities and equipment on the board if the observer considers it necessary for the performance of his duties and to use them, which implies free access to the bridge, the fish on board and the places where he is stored, treated, weighed and preserved, and free access to the vessel's records, including the log and records, for the purpose of consulting and reproducing them; and reasonable access to navigation equipment, maps and radio apparatus, and reasonable access to any other information related to fishing activity;
(c) To take samples;
(d) To land in a place and at an agreed time; and
(e) To perform all his tasks safely.
2. Neither the operator nor the crew members shall be engaged in acts of aggression, obstruction, resistance, damage or intimidation against the observer, nor shall they prevent him from boarding or hindering him in the performance of his duties.
3. The operator shall offer the observer, as long as the observer is on board, the lodging, cover and access to the infirmary, under reasonable conditions equivalent to those normally enjoyed by an officer on board, without charge to the observer or his administration.
Article 4
Trans-shipment regulation
1. The operator shall comply with any procedure established by the Commission to verify the quantity and transshipment of the species, as well as any additional procedure and measures adopted by the Commission for transshipment in the area of the Convention.
2. The operator authorizes and assists any person authorized by the Commission or by the member of the Commission in the port or area in which a trans-shipment takes place to have free access to the facilities and equipment on the board that it considers necessary for the performance of its duties and to use them; including free access to the bridge, the fish on board and the places where it is stored, treated, weighed and preserved; to have free access to the vessel's records, including the log and records, for the purpose of consulting and copying them. The operator authorizes and assists the person to collect samples and collect any information that they require to conduct a complete control of the activity. Neither the operator nor the crew members shall engage in acts of aggression, obstruction, resistance, detachment or intimidation against that authorized person, nor prevent him from boarding or hindering him in the performance of his duties. All must be implemented to disrupt the fishing activity as much as possible during trans-shipment control.
Article 5
Data communication
The operator shall record and communicate the vessel's position, the volume of fish catch of targeted and non-target species, the level of fishing effort and other relevant fishing data, in accordance with the standards set for the collection of these data in Annex I to the Agreement.
Article 6
Police powers
1. The operator of the vessel shall be permanently on board the authorization issued by the flag State and, where applicable, the licence issued by a coastal State Party to this Convention, or a certified photocopy or a confirmation by fax or telescriptor of such documents, and be able to produce them at the request of an authorized officer of the public authority of any of the members of the Commission.
2. The master and crew members of the vessel shall immediately execute all instructions or directives issued by the authorized officer of a member of the Commission identified as such, including the order to stop, to gain a safe place and to allow safe boarding, as well as the inspection of the vessel, its licence, its equipment and equipment, its records, its facilities, fish and the products of the sea. The vessel's swamping and inspection is as much as possible without unnecessarily disrupting the vessel's licit operations. The operator and crew members facilitate and support any action of the authorized officer and do not engage in acts of aggression, obstruction, resistance, alteration or intimidation against him, or prevent him from boarding or hindering him in the performance of his duties.
3. The vessel carries marks and identification conforming to the standard specifications on the marking and identification of fishing vessels of the United Nations Food and Agriculture Organization, or the equivalent standards possibly adopted by the Commission. All such marks must be legible, distinct and obvious throughout the time the vessel navigates the Convention area.
4. The operator remains on watch over the international distress and call frequency of 2,182 kHz (HF) or the international security and appeal frequency of 156.8 MHz (channel 16, VHF-FM) to facilitate communications with the Commission's member management, monitoring and police authorities.
5. The operator ensures that a recent and up-to-date copy of the International Code of Signals (INTERCO) is continuously available on board.
6. As long as the vessel navigates in an area under the national jurisdiction of a member of the Commission for which it has no fishing licence, and as long as it navigates on the high seas in the area of the Convention while it has not been authorized by the State of its flag to fish on the high seas, all fishing equipment that is on board must be stowed or fixed so as not to be immediately available for fishing.
A N N E X E I V
INFORMATION TO FOURNIR
For each fishing vessel registered in the file referred to in Article 24, paragraph 4, of this Convention, the following information shall be provided to the Commission:
1. Name of vessel, registration number, previous names (if known) and port of attachment;
2. Name and address of the owner or owner;
3. Name and nationality of the captain;
4. Previous pavilion (if applicable);
5. International radio call sign;
6. Types and numbers of means of communication of the vessel (numbers of INMARSAT A, B and C aircraft and satellite telephone number);
7. Colour photograph of the vessel;
8. Place and date of construction;
9. Type of vessel;
10. normal crew strength;
11. Type of fishing;
12. Length;
13. Docks;
14. Width;
15. Gross tonnage;
16. Power of the main engine or main engines;
17. Nature of the fishing licence issued by the flag State;
18. Load capacity, including type and capacity of freezers, and number and capacity of fish holds.
Statement by the French Republic
"By acceding to the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific, the Government of the French Republic, in accordance with Article 43 of the Convention, as well as to the provisions of Annex 2 of the Commission's Rules of Procedure, declares to authorize New Caledonia, French Polynesia and Wallis-et-Futuna to participate, on the basis of
These texts state, inter alia, that New Caledonia and French Polynesia have been given competence in the management and conservation of fisheries resources in the exclusive economic zones located off these territories.
The content of these texts will be clarified and clarified in a subsequent communication. »
Done in Paris, October 4, 2005.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
Minister of Foreign Affairs,
Philippe Douste-Blazy
