THE CONTRACTING PARTIES

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

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

RECALLING THE RELEVANT PROVISIONS of the United Nations
Convention on the Law of the Sea of 10 December 1982, the
Agreement for the Implementation of the Provisions of the United
Nations Convention on the Law of the Sea of 10 December 1982
relating to the Conservation and Management of Straddling Fish
Stocks and Highly Migratory Fish Stocks of 4 December 1995, and
the Agreement to Promote Compliance with International
Conservation and Management Measures by Fishing Vessels on the
High Seas of 24 November 1993 and taking into account the Code
of Conduct for Responsible Fisheries adopted by the 28th Session
of the Conference of the Food and Agriculture Organization of
the United Nations on 31 October 1995;

RECALLING FURTHER article 17 of the Agreement for the
Implementation of the Provisions of the United Nations
Convention on the Law of the Sea of 10 December 1982 relating to
the Conservation and Management of Straddling Fish Stocks and
Highly Migratory Fish Stocks 1995, and the need for
non-Contracting Parties to this Southern Indian Ocean Fisheries
Agreement to apply the conservation and management measures
adopted hereunder and not to authorise vessels flying their flag
to engage in fishing activities inconsistent with the
conservation and sustainable use of the fishery resources to
which this Agreement applies;

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

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

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

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

AGREE AS FOLLOWS:

ARTICLE 1
DEFINITIONS
For the purposes of this Agreement:
(a) “ 1982 Convention ” means the United Nations Convention on
the Law of the Sea of 10 December 1982;
(b) “ 1995 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 of 4 December
1995;
(c) “ Area ” means the area to which this Agreement applies,
as prescribed in article 3;
(d) “ Code of Conduct ” means the Code of Conduct for
Responsible Fisheries adopted by the 28th Session of the
Conference of the Food and Agriculture Organization of the
United Nations on 31 October 1995;
(e) “ Contracting Party ” means any State or regional economic
integration organization which has consented to be bound by
this Agreement and for which the Agreement is in force;
(f) “ fishery resources ” means resources of fish, molluscs,
crustaceans and other sedentary species within the Area, but
excluding:
(i) sedentary species subject to the fishery jurisdiction of
coastal States pursuant to article 77(4) of the 1982
Convention; and
(ii) highly migratory species listed in Annex I of the 1982
Convention;
(g) “ fishing ” means:
(i) the actual or attempted searching for, catching, taking or
harvesting of fishery resources;
(ii) engaging in any activity which can reasonably be expected
to result in the locating, catching, taking or harvesting
of fishery resources for any purpose including scientific
research;
(iii) placing, searching for or recovering any aggregating
device for fishery resources or associated equipment
including radio beacons;
(iv) any operation at sea in support of, or in preparation for,
any activity described in this definition, except for any
operation in emergencies involving the health or safety of
crew members or the safety of a vessel; or
(v) the use of an aircraft in relation to any activity
described in this definition except for flights in
emergencies involving the health or safety of crew members
or the safety of a vessel;
(h) “ fishing entity ” means a fishing entity as referred to
in article 1(3) of the 1995 Agreement;
(i) “ fishing vessel ” means any vessel used or intended for
fishing, including a mothership, any other vessel directly
engaged in fishing operations, and any vessel engaged in
transshipment;
(j) “ nationals ” includes both natural and legal persons;
(k) “ regional economic integration organization ” means a
regional economic integration organization to which its
member States have transferred competence over matters
covered by this Agreement, including the authority to make
decisions binding on its member States in respect of those
matters;
(l) “ transshipment ” means the unloading of all or any of the
fishery resources on board a fishing vessel onto another
vessel whether at sea or in port.

ARTICLE 2
OBJECTIVES
The objectives of this Agreement are to ensure the long-term
conservation and sustainable use of the fishery resources in the
Area through cooperation among the Contracting Parties, and to
promote the sustainable development of fisheries in the Area,
taking into account the needs of developing States bordering the
Area that are Contracting Parties to this Agreement, and in
particular the leastdeveloped among them and small island
developing States.

ARTICLE 3
AREA OF APPLICATION
1. This Agreement applies to the Area bounded by a line joining
the following points along parallels of latitude and
meridians of longitude, excluding waters under national
jurisdiction:
Commencing at the landfall on the continent of Africa of the
parallel of 10 ° North; from there east along that parallel
to its intersection with the meridian of 65 ° East; from
there south along that meridian to its intersection with the
equator; from there east along the equator to its
intersection with the meridian of 80 ° East; from there
south along that meridian to its intersection with the
parallel of 20 ° South; from there east along that parallel
to its landfall on the continent of Australia; from there
south and then east along the coast of Australia to its
intersection with the meridian of 120 ° East; from there
south along that meridian to its intersection with the
parallel of 55 ° South; from there west along that parallel
to its intersection with the meridian of 80 ° East; from
there north along that meridian to its intersection with the
parallel of 45 ° South; from there west along that parallel
to its intersection with the meridian of 30 ° East; from
there north along that meridian to its landfall on the
continent of Africa.
2. Where for the purpose of this Agreement it is necessary to
determine the position on the surface of the Earth of a
point, line or area, that position shall be determined by
reference to the International Terrestrial Reference System
maintained by the International Earth Rotation Service, which
for most practical purposes is equivalent to the World
Geodetic System 1984 (WGS84).

ARTICLE 4
GENERAL PRINCIPLES
In giving effect to the duty to cooperate in accordance with the
1982 Convention and international law, the Contracting Parties
shall apply, in particular, the following principles:
(a) measures shall be adopted on the basis of the best
scientific evidence available to ensure the long-term
conservation of fishery resources, taking into account the
sustainable use of such resources and implementing an
ecosystem approach to their management;
(b) measures shall be taken to ensure that the level of fishing
activity is commensurate with the sustainable use of the
fishery resources;
(c) the precautionary approach shall be applied in accordance
with the Code of Conduct and the 1995 Agreement, whereby the
absence of adequate scientific information shall not be used
as a reason for postponing or failing to take conservation
and management measures;
(d) the fishery resources shall be managed so that they are
maintained at levels that are capable of producing the
maximum sustainable yield, and depleted stocks of fishery
resources are rebuilt to the said levels;
(e) fishing practices and management measures shall take due
account of the need to minimize the harmful impact that
fishing activities may have on the marine environment;
(f) biodiversity in the marine environment shall be protected;
and
(g) the special requirements of developing States bordering the
Area that are Contracting Parties to this Agreement, and in
particular the least-developed among them and small island
developing States, shall be given full recognition.

ARTICLE 5
MEETING OF THE PARTIES
1. The Contracting Parties shall meet periodically to consider
matters pertaining to the implementation of this Agreement
and to make all decisions relevant thereto.
2. The ordinary Meeting of the Parties shall, unless the Meeting
otherwise decides, take place at least once a year and, to
the extent practicable, back-to-back with meetings of the
South West Indian Ocean Fisheries Commission. The Contracting
Parties may also hold extraordinary meetings when deemed
necessary.
3. The Meeting of the Parties shall, by consensus, adopt and
amend its own Rules of Procedure and those of its subsidiary
bodies.
4. The Contracting Parties, at their first meeting, shall
consider the adoption of a budget to fund the conduct of the
Meeting of the Parties and the exercise of its functions and
accompanying financial regulations. The financial regulations
shall set out the criteria governing the determination of the
amount of each Contracting Party's contribution to the
budget, giving due consideration to the economic status of
Contracting Parties which are developing States, and in
particular the least-developed among them and small island
developing States, and ensuring that an adequate share of the
budget is borne by Contracting Parties that benefit from
fishing in the Area.

ARTICLE 6
FUNCTIONS OF THE MEETING OF
THE PARTIES
1. The Meeting of the Parties shall:
(a) review the state of fishery resources, including their
abundance and the level of their exploitation;
(b) promote and, as appropriate, co-ordinate research activities
as required on the fishery resources and on straddling
stocks occurring in waters under national jurisdiction
adjacent to the Area, including discarded catch and the
impact of fishing on the marine environment;
(c) evaluate the impact of fishing on the fishery resources and
on the marine environment, taking into account the
environmental and oceanographic characteristics of the Area,
other human activities and environmental factors;
(d) formulate and adopt conservation and management measures
necessary for ensuring the long-term sustainability of the
fishery resources, taking into account the need to protect
marine biodiversity, based on the best scientific evidence
available;
(e) adopt generally recommended international minimum standards
for the responsible conduct of fishing operations;
(f) develop rules for the collection and verification of
scientific and statistical data, as well as for the
submission, publication, dissemination and use of such data;
(g) promote cooperation and coordination among Contracting
Parties to ensure that conservation and management measures
for straddling stocks occurring in waters under national
jurisdiction adjacent to the Area and measures adopted by
the Meeting of the Parties for the fishery resources are
compatible;
(h) develop rules and procedures for the monitoring, control and
surveillance of fishing activities in order to ensure
compliance with conservation and management measures adopted
by the Meeting of the Parties including, where appropriate,
a system of verification incorporating vessel monitoring and
observation, and rules concerning the boarding and
inspection of vessels operating in the Area;
(i) develop and monitor measures to prevent, deter and eliminate
illegal, unreported and unregulated fishing;
(j) in accordance with international law and any applicable
instruments, draw the attention of any non-Contracting
Parties to any activities which undermine the attainment of
the objectives of this Agreement;
(k) establish the criteria for and rules governing participation
in fishing; and
(l) carry out any other tasks and functions necessary to achieve
the objectives of this Agreement.
2. In determining criteria for participation in fishing,
including allocation of total allowable catch or total level
of fishing effort, the Contracting Parties shall take into
account, inter alia, international principles such as those
contained in the 1995 Agreement.
3. In applying the provisions of paragraph 2, the Contracting
Parties may, inter alia:
(a) designate annual quota allocations or fishing effort
limitations for Contracting Parties;
(b) allocate catch quantities for exploration and scientific
research; and
(c) set aside fishing opportunities for non-Contracting Parties
to this Agreement, if necessary.
4. The Meeting of Parties shall, subject to agreed rules, review
quota allocations and fishing effort limitations of
Contracting Parties and participation in fishing
opportunities of non-Contracting Parties taking into account,
inter alia, information on the implementation by Contracting
and non-Contracting Parties of the conservation and
management measures adopted by the Meeting of the Parties.
ARTICLE 7
SUBSIDIARY BODIES
1. The Meeting of the Parties shall establish a permanent
Scientific Committee, which shall meet, unless the Meeting of
the Parties otherwise decides, at least once a year, and
preferably prior to the Meeting of the Parties, in accordance
with the following provisions:
(a) the functions of the Scientific Committee shall be:
(i) to conduct the scientific assessment of the fishery
resources and the impact of fishing on the marine
environment, taking into account the environmental and
oceanographic characteristics of the Area, and the results
of relevant scientific research;
(ii) to encourage and promote cooperation in scientific
research in order to improve knowledge of the state of the
fishery resources;
(iii) to provide scientific advice and recommendations to the
Meeting of the Parties for the formulation of the
conservation and management measures referred to in
Article 6(1)(d);
(iv) to provide scientific advice and recommendations to the
Meeting of the Parties for the formulation of measures
regarding the monitoring of fishing activities;
(v) to provide scientific advice and recommendations to the
Meeting of the Parties on appropriate standards and format
for fishery data collection and exchange; and
(vi) any other scientific function that the Meeting of the
Parties may decide;
(b) in developing advice and recommendations the Scientific
Committee shall take into consideration the work of the
South West Indian Ocean Fisheries Commission as well as that
of other relevant research organizations and regional
fisheries management organizations.
2. Once the measures referred to in article 6 are taken, the
Meeting of the Parties shall establish a Compliance
Committee, to verify the implementation of and compliance
with such measures. The Compliance Committee shall meet, in
conjunction with the Meeting of the Parties, as provided for
in the Rules of Procedure and shall report, advise and make
recommendations to the Meeting of the Parties.
3. The Meeting of the Parties may also establish such temporary,
special or standing committees as may be required, to study
and report on matters pertaining to the implementation of the
objectives of this Agreement, and working groups to study,
and submit recommendations on, specific technical problems.

ARTICLE 8
DECISION MAKING
1. Unless otherwise provided in this Agreement, decisions of the
Meeting of the Parties and its subsidiary bodies on matters
of substance shall be taken by the consensus of the
Contracting Parties present, where consensus means the
absence of any formal objection made at the time a decision
is taken. The question of whether a matter is one of
substance shall be treated as a matter of substance.
2. Decisions on matters other than those referred to in
paragraph 1 shall be taken by a simple majority of the
Contracting Parties present and voting.
3. Decisions adopted by the Meeting of the Parties shall be
binding on all Contracting Parties.

ARTICLE 9
SECRETARIAT
The Meeting of the Parties shall decide on arrangements for the
carrying out of secretariat services, or the establishment of a
Secretariat, to perform the following functions:
(a) implementing and coordinating the administrative provisions
of this Agreement, including the compilation and
distribution of the official report of the Meeting of the
Parties;
(b) maintaining a complete record of the proceedings of the
Meeting of the Parties and its subsidiary bodies, as well as
a complete archive of any other official documents
pertaining to the implementation of this Agreement; and
(c) any other function that the Meeting of the Parties may
decide.

ARTICLE 10
CONTRACTING PARTY DUTIES
1. Each Contracting Party shall, in respect of its activities
within the Area:
(a) promptly implement this Agreement and any conservation,
management and other measures or matters which may be agreed
by the Meeting of the Parties;
(b) take appropriate measures in order to ensure the
effectiveness of the measures adopted by the Meeting of the
Parties;
(c) collect and exchange scientific, technical and statistical
data with respect to the fishery resources and ensure that:
(i) data is collected in sufficient detail to facilitate
effective stock assessment and are provided in a timely
manner to fulfil the requirements set forth in the rules
adopted by the Meeting of the Parties;
(ii) appropriate measures are taken to verify the accuracy of
such data;
(iii) such statistical, biological and other data and
information as the Meeting of the Parties may decide is
provided annually; and
(iv) information on steps taken to implement the conservation
and management measures adopted by the Meeting of the
Parties is provided in a timely manner.
2. Each Contracting Party shall make available to the Meeting of
the Parties a statement of implementing and compliance
measures, including imposition of sanctions for any
violations, it has taken in accordance with this article and,
in the case of coastal States that are Contracting Parties to
this Agreement, as regards the conservation and management
measures they have taken for straddling stocks occurring in
waters under their jurisdiction adjacent to the Area.
3. Without prejudice to the primacy of the responsibility of the
flag State, each Contracting Party shall, to the greatest
extent possible, take measures, or cooperate, to ensure that
its nationals and fishing vessels owned or operated by its
nationals fishing in the Area comply with the provisions of
this Agreement and with the conservation and management
measures adopted by the Meeting of the Parties.
4. Each Contracting Party shall, to the greatest extent
possible, at the request of any other Contracting Party, and
when provided with the relevant information, investigate any
alleged serious violation within the meaning of the 1995
Agreement by its nationals, or fishing vessels owned or
operated by its nationals, of the provisions of this
Agreement or any conservation and management measure adopted
by the Meeting of the Parties. A reply, including details of
any action taken or proposed to be taken in relation to the
alleged violation, shall be provided to all Contracting
Parties as soon as practicable and in any case within two (2)
months of such request. A report on the outcome of the
investigation shall be provided to the Meeting of the Parties
when the investigation is completed.

ARTICLE 11
FLAG STATE DUTIES
1. Each Contracting Party shall take such measures as may be
necessary to ensure that:
(a) fishing vessels flying its flag operating in the Area comply
with the provisions of this Agreement and the conservation
and management measures adopted by the Meeting of the
Parties and that such vessels do not engage in any activity
which undermines the effectiveness of such measures;
(b) fishing vessels flying its flag do not conduct unauthorized
fishing within waters under national jurisdiction adjacent
to the Area; and
(c) it develops and implements a satellite vessel monitoring
system for fishing vessels flying its flag and fishing in
the Area.
2. No Contracting Party shall allow any fishing vessel entitled
to fly its flag to be used for fishing in the Area unless it
has been authorised to do so by the appropriate authority or
authorities of that Contracting Party.
3. Each Contracting Party shall:
(a) authorize the use of vessels flying its flag for fishing in
waters beyond national jurisdiction only where it is able to
exercise effectively its responsibilities in respect of such
vessels under this Agreement and in accordance with
international law;
(b) maintain a record of fishing vessels entitled to fly its
flag and authorized to fish for the fishery resources, and
ensure that, for all such vessels, such information as may
be specified by the Meeting of the Parties is entered in
that record. Contracting Parties shall exchange this
information in accordance with such procedures as may be
agreed by the Meeting of the Parties;
(c) in conformity with the rules determined by the Meeting of
the Parties, make available to each annual Meeting of the
Parties a report on its fishing activities in the Area;
(d) collect and share in a timely manner, complete and accurate
data concerning fishing activities by vessels flying its
flag operating in the area, in particular on vessel
position, retained catch, discarded catch and fishing
effort, where appropriate maintaining confidentiality of
data as it relates to the application of relevant national
legislation; and
(e) to the greatest extent possible, at the request of any other
Contracting Party, and when provided with the relevant
information, investigate any alleged serious violation
within the meaning of the 1995 Agreement by fishing vessels
flying its flag of the provisions of this Agreement or any
conservation and management measure adopted by the Meeting
of the Parties. A reply, including details of any action
taken or proposed to be taken in relation to such alleged
violation, shall be provided to all Contracting Parties as
soon as practicable and in any case within two (2) months of
such request. A report on the outcome of the investigation
shall be provided to the Meeting of the Parties when the
investigation is completed.

ARTICLE 12
PORT STATE DUTIES
1. Measures taken by a port State Contracting Party in
accordance with this Agreement shall take full account of the
right and the duty of a port State to take measures, in
accordance with international law, to promote the
effectiveness of subregional, regional and global
conservation and management measures. When taking such
measures, a port State Contracting Party shall not
discriminate in form or in fact against the fishing vessels
of any State.
2. Each port State Contracting Party shall:
(a) in accordance with the conservation and management measures
adopted by the Meeting of the Parties, inter alia, inspect
documents, fishing gear and catch on board fishing vessels,
when such vessels are voluntarily in its ports or at its
offshore terminals;
(b) not permit landings, transshipment, or supply services in
relation to fishing vessels unless they are satisfied that
fish on board the vessel have been caught in a manner
consistent with the conservation and management measures
adopted by the Meeting of the Parties; and
(c) provide assistance to flag State Contracting Parties, as
reasonably practical and in accordance with its national law
and international law, when a fishing vessel is voluntarily
in its ports or at its offshore terminals and the flag State
of the vessel requests it to provide assistance in ensuring
compliance with the provisions of this Agreement and with
the conservation and management measures adopted by the
Meeting of the Parties.
3. In the event that a port State Contracting Party considers
that a vessel of another Contracting Party making use of its
ports or offshore terminals has violated a provision of this
Agreement or a conservation and management measure adopted by
the Meeting of the Parties, it shall draw this to the
attention of the flag State concerned and of the Meeting of
the Parties. The port State Contracting Party shall provide
the flag State and the Meeting of the Parties with full
documentation of the matter, including any record of
inspection.
4. Nothing in this article affects the exercise by Contracting
Parties of their sovereignty over ports in their territory in
accordance with international law.

ARTICLE 13
SPECIAL REQUIREMENTS OF DEVELOPING STATES
1. The Contracting Parties shall give full recognition to the
special requirements of developing States bordering the Area,
in particular the least-developed among them and small island
developing States, in relation to the conservation and
management of fishery resources and the sustainable
development of such resources.
2. The Contracting Parties recognize, in particular:
(a) the vulnerability of developing States bordering the Area,
in particular the leastdeveloped among them and small island
developing States, that are dependent on the exploitation of
fishery resources, including for meeting the nutritional
requirements of their populations or parts thereof;
(b) the need to avoid adverse impacts on, and ensure access to
fisheries by, subsistence, small-scale and artisanal fishers
and fishworkers; and
(c) the need to ensure that conservation and management measures
adopted by the Meeting of the Parties do not result in
transferring, directly or indirectly, a disproportionate
burden of conservation action on to developing States
bordering the Area, in particular the least-developed among
them and small island developing States.
3. Cooperation by the Contracting Parties under the provisions
of this Agreement and through other subregional or regional
organizations involved in the management of marine living
resources should include action for the purposes of:
(a) enhancing the ability of developing States bordering the
Area, in particular the leastdeveloped among them and small
island developing States, to conserve and manage fishery
resources and to develop their own fisheries for such
resources; and
(b) assisting developing States bordering the Area, in
particular the least-developed among them and small island
developing States, to enable them to participate in
fisheries for such resources, including facilitating access
in accordance with this Agreement.
4. Cooperation with developing States bordering the Area, in
particular the leastdeveloped among them and small island
developing States, for the purposes set out in this article
should include the provision of financial assistance,
assistance relating to human resources development, technical
assistance, transfer of technology, and activities directed
specifically towards:
(a) improved conservation and management of the fishery
resources and of straddling stocks occurring in waters under
national jurisdiction adjacent to the Area, which can
include the collection, reporting, verification, exchange
and analysis of fisheries data and related information;
(b) improved information collection and management of the impact
of fishing activities on the marine environment;
(c) stock assessment and scientific research;
(d) monitoring, control, surveillance, compliance and
enforcement, including training and capacity-building at the
local level, development and funding of national and
regional observer programmes and access to technology; and
(e) participation in the Meeting of the Parties and meetings of
its subsidiary bodies as well as in the settlement of
disputes.

ARTICLE 14
TRANSPARENCY
1. The Contracting Parties shall promote transparency in
decision making processes and other activities carried out
under this Agreement.
2. Coastal States with waters under national jurisdiction
adjacent to the Area that are not Contracting Parties to this
Agreement shall be entitled to participate as observers in
the Meeting of the Parties and meetings of its subsidiary
bodies.
3. Non-Contracting Parties to this Agreement shall be entitled
to participate as observers in the Meeting of the Parties and
meetings of its subsidiary bodies.
4. Intergovernmental organizations concerned with matters
relevant to the implementation of this Agreement, in
particular the Food and Agriculture Organization of the
United Nations, the South West Indian Ocean Fisheries
Commission, and regional fisheries management organizations
with competence over high seas waters adjacent to the Area,
shall be entitled to participate as observers in the Meeting
of the Parties and meetings of its subsidiary bodies.
5. Representatives from non-governmental organizations concerned
with matters relevant to the implementation of this Agreement
shall be afforded the opportunity to participate in the
Meeting of the Parties and meetings of its subsidiary bodies
as observers or otherwise as determined by the Meeting of the
Parties. The Rules of Procedure of the Meeting of the Parties
and its subsidiary bodies shall provide for such
participation. The procedures shall not be unduly restrictive
in this respect.
6. Observers shall be given timely access to pertinent
information subject to the Rules of Procedure, including
those concerning confidentiality requirements, which the
Meeting of the Parties may adopt.

ARTICLE 15
FISHING ENTITIES
1. After the entry into force of this Agreement any fishing
entity whose vessels have fished or intend to fish for
fishery resources in the Area may, by a written instrument
delivered to the Chairperson of the Meeting of the Parties,
in accordance with such procedures as may be established by
the Meeting of the Parties, express its firm commitment to be
bound by the terms of this Agreement. Such commitment shall
become effective thirty (30) days from the date of receipt of
the instrument. Any such fishing entity may withdraw such
commitment by written notification addressed to the
Chairperson of the Meeting of the Parties. Notice of
withdrawal shall become effective ninety (90) days from the
date of its receipt by the Chairperson of the Meeting of the
Parties.
2. A fishing entity which has expressed its commitment to be
bound by the terms of this Agreement may participate in the
Meeting of the Parties and its subsidiary bodies, and partake
in decision making, in accordance with the Rules of Procedure
adopted by the Meeting of the Parties. Articles 1 to 18 and
20.2 apply, mutatis mutandis, to such a fishing entity.

ARTICLE 16
COOPERATION WITH OTHER ORGANIZATIONS
The Contracting Parties, acting jointly under this Agreement,
shall cooperate closely with other international fisheries
and related organizations in matters of mutual interest,
in particular with the South West Indian Ocean Fisheries
Commission and any other regional fisheries management
organization with competence over high seas waters
adjacent to the Area.
ARTICLE 17
NON-CONTRACTING PARTIES
1. Contracting Parties shall take measures consistent with this
Agreement, the 1995 Agreement and international law to deter
the activities of vessels flying the flags of non-Contracting
Parties to this Agreement which undermine the effectiveness
of conservation and management measures adopted by the
Meeting of the Parties or the attainment of the objectives of
this Agreement.
2. Contracting Parties shall exchange information on the
activities of fishing vessels flying the flags of
non-Contracting Parties to this Agreement which are engaged
in fishing operations in the Area.
3. Contracting Parties shall draw the attention of any
non-Contracting Party to this Agreement to any activity
undertaken by its nationals or vessels flying its flag which,
in the opinion of the Contracting Party, undermines the
effectiveness of conservation and management measures adopted
by the Meeting of the Parties or the attainment of the
objectives of this Agreement.
4. Contracting Parties shall, individually or jointly, request
non-Contracting Parties to this Agreement whose vessels fish
in the Area to cooperate fully in the implementation of
conservation and management measures adopted by the Meeting
of the Parties with a view to ensuring that such measures are
applied to all fishing activities in the Area. Such
cooperating non-Contracting Parties to this Agreement shall
enjoy benefits from participation in the fishery commensurate
with their commitment to comply with, and their record of
compliance with, conservation and management measures in
respect of the relevant stocks of fishery resources.

ARTICLE 18
GOOD FAITH AND ABUSE OF RIGHT
Each Contracting Party shall fulfil in good faith the
obligations assumed under this Agreement and shall exercise the
rights recognized in this Agreement in a manner which would not
constitute an abuse of right.

ARTICLE 19
RELATION TO OTHER AGREEMENTS
Nothing in this Agreement shall prejudice the rights and
obligations of States under the 1982 Convention or the 1995
Agreement.

ARTICLE 20
INTERPRETATION AND SETTLEMENT OF DISPUTES
1. Contracting Parties shall use their best endeavours to
resolve their disputes by amicable means. At the request of
any Contracting Party a dispute may be submitted for binding
decision in accordance with the procedures for the settlement
of disputes provided in Section II of Part XV of the 1982
Convention or, where the dispute concerns one or more
straddling stocks, the procedures set out in Part VIII of the
1995 Agreement. The relevant part of the 1982 Convention and
the 1995 Agreement shall apply whether or not the parties to
the dispute are also parties to either of these instruments.
2. If a dispute involves a fishing entity which has expressed
its commitment to be bound by the terms of this Agreement and
cannot be settled by amicable means, the dispute shall, at
the request of any party to the dispute, be submitted to
final and binding arbitration in accordance with the relevant
rules of the Permanent Court of Arbitration.

ARTICLE 21
AMENDMENTS
1. Any Contracting Party may propose an amendment to the
Agreement by providing to the Depositary the text of a
proposed amendment at least sixty (60) days in advance of an
ordinary Meeting of the Parties. The Depositary shall
circulate a copy of this text to all other Contracting
Parties promptly.
2. Amendments to the Agreement shall be adopted by consensus of
all Contracting Parties.
3. Amendments to the Agreement shall enter into force ninety
(90) days after all Contracting Parties which held this
status at the time the amendments were approved have
deposited their instruments of ratification, acceptance, or
approval of such amendments with the Depositary.

ARTICLE 22
SIGNATURE RATIFICATION, ACCEPTANCE AND APPROVAL
1. This Agreement shall be open for signature by:
(a) the States and regional economic integration organization
participating in the Intergovernmental Consultation on the
Southern Indian Ocean Fisheries Agreement; and
(b) any other State having jurisdiction over waters adjacent to
the Area;
and shall remain open for signature for twelve (12) months
from 7 July 2006.
2. This Agreement is subject to ratification, acceptance or
approval by the signatories.
3. The instruments of ratification, acceptance or approval shall
be deposited with the Depositary.

ARTICLE 23
ACCESSION
1. This Agreement shall be open for accession, after its closure
for signature, by any State or regional economic integration
organization referred to in article 22(1), and by any other
State or regional economic integration organization
interested in fishing activities in relation to the fishery
resources.
2. Instruments of accession shall be deposited with the
Depositary.

ARTICLE 24
ENTRY INTO FORCE
1. This Agreement shall enter into force ninety (90) days from
the date of receipt by the Depositary of the fourth
instrument of ratification, acceptance or approval, at least
two of which have been deposited by coastal States bordering
the Area.
2. For each signatory which ratifies, accepts or approves this
Agreement after its entry into force, this Agreement shall
enter into force for that signatory thirty (30) days after
the deposit of its instrument of ratification, acceptance or
approval.
3. For each State or regional economic integration organization
which accedes to this Agreement after its entry into force,
this Agreement shall enter into force for that State or
regional economic integration organization thirty (30) days
after the deposit of its instrument of accession.

ARTICLE 25
THE DEPOSITARY
1. The Director-General of the Food and Agriculture Organization
of the United Nations shall be the Depositary of this
Agreement and of any amendments thereto. The Depositary shall
transmit certified copies of this Agreement to all
signatories and shall register this Agreement with the
Secretary-General of the United Nations pursuant to article
102 of the Charter of the United Nations.
2. The Depositary shall inform all signatories of this Agreement
of signatures and of instruments of ratification, accession,
acceptance or approval deposited under Articles 22 and 23 and
of the date of entry into force of the Agreement under
Article 24.

ARTICLE 26
WITHDRAWAL
Any Contracting Party may withdraw from this Agreement at any
time after the expiration of two years from the date upon which
the Agreement entered into force with respect to that
Contracting Party, by giving written notice of such withdrawal
to the Depositary who shall immediately inform all the
Contracting Parties of such withdrawal. Notice of withdrawal
shall become effective ninety (90) days from the date of its
receipt by the Depositary.

ARTICLE 27
TERMINATION
This Agreement shall be automatically terminated if and when, as
the result of withdrawals, the number of Contracting Parties
drops below three.

ARTICLE 28
RESERVATIONS
1. Ratification, acceptance or approval of this Agreement may be
made subject to reservations which shall become effective
only upon unanimous acceptance by all Contracting Parties to
this Agreement. The Depositary shall notify forthwith all
Contracting Parties of any reservation. Contracting Parties
not having replied within three (3) months from the date of
notification shall be deemed to have accepted the
reservation. Failing such acceptance, the State or regional
economic integration organization making the reservation
shall not become a Contracting Party to this Agreement.
2. Nothing in paragraph 1 shall prevent a State or a regional
economic integration organization on behalf of a State from
making a reservation with regard to membership acquired
through territories and surrounding maritime areas over which
the State asserts its rights to exercise sovereignty or
territorial and maritime jurisdiction.

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

DONE in Rome on this Seventh day of July 2006 in English and
French, both texts being equally authoritative.


ANNEX I OF THE RULES OF PROCEDURE
INSTRUMENT FOR THE PARTICIPATION OF A FISHING ENTITY

Considering that the Southern Indian Ocean Fisheries Agreement
(the ‘ Agreement ’ )was signed in Rome on 29 December 2006,
and entered into force on 21 June 2012;

Noting that Article 15 of the Agreement permits a fishing entity
to deliver a written instrument to the Chairperson of the
Meeting of the Parties expressing its firm commitment to be
bound by the terms of the Agreement;

The Meeting of the Parties to the Agreement HEREBY INVITES
Chinese Taipei, as a fishing entity, and Chinese Taipei HEREBY
DECLARES:

(a) its firm commitment to be bound by the terms of the
Agreement, and to participate in ordinary and extraordinary
Meetings of the Parties and its subsidiary bodies, in
accordance with the Agreement and the Rules of Procedure;
(b) that all domestic legal requirements have been fulfilled to
enable Chinese Taipei to implement its obligations under the
Agreement;

IN WITNESS WHEREOF, the undersigned, being duly authorised to
that effect, have appended their signature hereto.

DONE at Taipei / Rarotonga this 4th day of June, 2019. The
original text of this instrument shall be delivered to the
Chairperson of the Meeting of the Parties and then provided to,
and stored by, the Secretariat. The Chairperson will direct that
a certified copy of this instrument be circulated to Chinese
Taipei and to all Contracting parties to the Agreement.


For Chinese Taipei: Chi-chung Chen
For the Chairperson of the Meeting of the Parties to the
Southern Indian Ocean Fisheries Agreement: Timothy Costelloe