The Contracting Parties,

COMMITTED to ensuring the long-term conservation and sustainable
use of fishery resources in the South Pacific Ocean and in so
doing safeguarding the marine ecosystems in which the resources
occur;

RECALLING relevant international law as reflected in the United
Nations Convention on the Law of the Sea of 10 December 1982,
the Agreement for the Implementation of the Provisions of the
United Nations Convention on the Law of the Sea of 10 December
1982 relating to the Conservation and Management of Straddling
Fish Stocks and Highly Migratory Fish Stocks of 4 December 1995
and the Agreement to Promote Compliance with International
Conservation and Management Measures by Fishing Vessels on the
High Seas of 24 November 1993 and taking into account the Code
of Conduct for Responsible Fisheries adopted by the Conference
of the Food and Agriculture Organisation of the United Nations
at its twenty eighth session on 31 October 1995;

RECOGNISING that under international law reflected in the
relevant provisions of the above agreements, States have a duty
to cooperate with each other in the conservation and management
of living resources in the areas of the high seas and, as
appropriate, to cooperate to establish sub-regional or regional
fisheries organisations or arrangements with a view to taking
the measures necessary for the conservation of such resources;

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

RECOGNISING economic and geographical considerations and the
special requirements of developing States, in particular the
least developed among them, and small island developing States,
and territories and possessions, and their coastal communities,
in relation to the conservation, management and sustainable
development of fishery resources and equitable benefit from
those resources;

NOTING the need for regional fisheries management organisations
and arrangements to undertake performance reviews in order to
assess the degree to which they are attaining their respective
conservation and management objectives;

DETERMINED to cooperate effectively to eliminate illegal,
unreported and unregulated fishing and the adverse impact that
it has on the state of the world fishery resources and the
ecosystems in which they occur;

CONSCIOUS of the need to avoid adverse impacts on the marine
environment, preserve biodiversity, maintain the integrity of
marine ecosystems and minimise the risk of longterm or
irreversible effects of fishing;

MINDFUL that effective conservation and management measures must
be based on the best scientific information available and the
application of the precautionary approach and an ecosystem
approach to fisheries management;

CONVINCED that the long-term conservation and sustainable use of
fishery resources in the South Pacific Ocean and the protection
of the marine ecosystems in which those resources occur may best
be achieved by the conclusion of an international convention for
that purpose;

HAVE AGREED as follows:

Article 1
DEFINITIONS
1. For the purposes of this Convention:
(a) ‘ 1982 Convention ’ means the United Nations Convention on
the Law of the Sea of 10 December 1982;
(b) ‘ 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) ‘ Commission ’ means the Commission of the South Pacific
Regional Fisheries Management Organisation established by
Article 6;
(d) ‘ Convention Area ’ means the Area to which this
Convention applies in accordance with Article 5;
(e) ‘ Code of Conduct ’ means the Code of Conduct for
Responsible Fisheries adopted by the 28th session of the
Conference of the Food and Agriculture Organisation of the
United Nations (FAO) on 31 October 1995;
(f) ‘ fishery resources ’ means all fish within the Convention
Area, including: molluscs; crustaceans; and other living
marine resources as may be decided by the Commission; but
excluding:
(i) sedentary species in so far as they are subject to the
national jurisdiction of coastal States pursuant to
Article 77 paragraph 4 of the 1982 Convention;
(ii) highly migratory species listed in Annex I of the 1982
Convention;
(iii) anadromous and catadromous species; and
(iv) marine mammals, marine reptiles and sea birds;
(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;
(iii) transhipment and any operation at sea in support of, or
in preparation for, any activity described in this
definition; and
(iv) the use of any vessel, vehicle, aircraft or hovercraft,
in relation to any activity described in this definition;
but does not include any operation related to emergencies
involving the health or safety of crew members or the safety
of a vessel;
(h) ‘ fishing vessel ’ means any vessel used or intended for
fishing, including fish processing vessels, support ships,
carrier vessels and any other vessel directly engaged in
fishing operations;
(i) ‘flag State’ means, unless otherwise indicated:
(i) a State whose fishing vessels are entitled to fly its
flag; or
(ii) a regional economic integration organisation in which
fishing vessels are entitled to fly the flag of a member
State of that regional economic integration organisation;
(j) ‘ IUU fishing ’ means activities as referred to in
paragraph 3 of the FAO International Plan of Action to
Prevent, Deter and Eliminate Illegal, Unreported and
Unregulated Fishing, and other activities as may be decided
by the Commission;
(k) ‘nationals’ includes both natural and legal persons;
(l) ‘ port ’ includes offshore terminals and other
installations for landing, transhipping, packaging,
processing, refuelling or re-supplying;
(m) ‘ regional economic integration organisation ’ means a
regional economic integration organisation to which its
member States have transferred competence over matters
covered by this Convention, including the authority to make
decisions binding on its member States in respect of those
matters;
(n) ‘ serious violation ’ has the same meaning as that set out
in Article 21 paragraph 11 of the 1995 Agreement and such
other violations as may be specified by the Commission; and
(o) ‘ transhipment ’ means the unloading of all or any of the
fishery resources or fishery resource products derived from
fishing in the Convention Area on board a fishing vessel to
another fishing vessel either at sea or in port.
2.
(a) ‘ Contracting Party ’ means any State or regional economic
integration organization which has consented to be bound by
this Convention and for which the Convention is in force.
(b) This Convention applies, mutatis mutandis, to any entity
referred to in Article 305, paragraph 1 (c), (d) and (e), of
the 1982 Convention which becomes a party to this
Convention, and to that extent “ Contracting Party ”
refers to any such entity.

Article 2
OBJECTIVE
The objective of this Convention is, through the application of
the precautionary approach and an ecosystem approach to
fisheries management, to ensure the long-term conservation and
sustainable use of fishery resources and, in so doing, to
safeguard the marine ecosystems in which these resources occur.

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

Article 4
COMPATIBILITY OF CONSERVATION AND MANAGEMENT MEASURES
1. The Contracting Parties recognise the need to ensure
compatibility of conservation and management measures
established for fishery resources that are identified as
straddling areas under the national jurisdiction of a coastal
State Contracting Party and the adjacent high seas of the
Convention Area and acknowledge their duty to cooperate to
this end.
2. Conservation and management measures established for the high
seas and those adopted for areas under national jurisdiction
shall be compatible in order to ensure conservation and
management of straddling fishery resources in their entirety.
In developing compatible conservation and management measures
for straddling fishery resources Contracting Parties shall:
(a) take into account the biological unity and other biological
characteristics of the fishery resources and the
relationships between the distribution of the resources, the
fishing activities for those resources and the geographical
particularities of the region concerned, including the
extent to which the fishery resources occur and are fished
in areas under national jurisdiction;
(b) take into account the respective dependence of the coastal
States and the States fishing on the high seas on the
fishery resources concerned; and
(c) ensure that such measures do not result in harmful impact on
the living marine resources as a whole in the Convention
Area.
3. The Commission ’ s initial conservation and management
measures shall take due account of, and not undermine the
effectiveness of, existing conservation and management
measures established by relevant coastal State Contracting
Parties in respect of areas under national jurisdiction and
by Contracting Parties in respect of their flag vessels
fishing in the adjacent high seas of the Convention Area.

Article 5
AREA OF APPLICATION
1. Except as otherwise provided, this Convention applies to
waters of the Pacific Ocean beyond areas of national
jurisdiction in accordance with international law:
(a) east of a line extending south along the 120 ° meridian of
east longitude from the outer limit of the national
jurisdiction of Australia off the south coast of Western
Australia to the intersection with the 55 ° parallel of
south latitude; then due east along the 55 ° parallel of
south latitude to the intersection with the 150 ° meridian
of east longitude; then due south along the 150 ° meridian
of east longitude to the intersection with the 60 °
parallel of south latitude;
(b) north of a line extending east along the 60 ° parallel of
south latitude from the 150 ° meridian of east longitude to
the intersection with the 67 ° 16 ’ meridian of west
longitude;
(c) west of a line extending north along the 67 ° 16 ’
meridian of west longitude from the 60 ° parallel of south
latitude to its intersection with the outer limit of the
national jurisdiction of Chile then along the outer limits
of the national jurisdictions of Chile, Peru, Ecuador and
Colombia to the intersection with the 2 ° parallel of north
latitude; and
(d) south of a line extending west along the 2 ° parallel of
north latitude (but not including the national jurisdiction
of Ecuador (Galapagos Islands)) to the intersection with the
150 ° meridian of west longitude; then due north along the
150 ° meridian of west longitude to its intersection with
10 ° parallel of north latitude, then west along the 10 °
parallel of north latitude to its intersection with the
outer limits of the national jurisdiction of the Marshall
Islands, and then generally south and around the outer
limits of the national jurisdictions of Pacific States and
territories, New Zealand and Australia until it connects to
the commencement of the line described in paragraph (a)
above.
2. The Convention shall also apply to waters of the Pacific
Ocean beyond areas of national jurisdiction bounded by the 10
° parallel of north latitude and the 20 ° parallel of south
latitude and by the 135 ° meridian of east longitude and the
150 ° meridian of west longitude.
3. Where for the purpose of this Convention 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).
4. Nothing in this Convention shall constitute recognition of
the claims or positions of any of the Contracting Parties to
this Convention concerning the legal status and extent of
waters and zones claimed by any such Contracting Parties.

Article 6
THE ORGANISATION
1. The Contracting Parties hereby agree to establish, maintain
and strengthen the South Pacific Regional Fisheries
Management Organisation “ the Organisation ”, which shall
carry out its functions as set forth in this Convention in
order to achieve the objective of this Convention.
2. The Organisation shall consist of:
(a) a Commission;
(b) a Scientific Committee;
(c) a Compliance and Technical Committee;
(d) an Eastern Sub-regional Management Committee;
(e) a Western Sub-regional Management Committee;
(f) a Finance and Administration Committee;
(g) a Secretariat,
and any other subsidiary bodies that the Commission may, from
time to time, establish in accordance with Article 9
paragraph 1 to assist it in its work.
3. The Organisation shall have legal personality in accordance
with international law and shall enjoy in its relations with
other international organisations and in the territories of
the Contracting Parties such legal capacity as may be
necessary to perform its functions and achieve the objective
of this Convention. The immunities and privileges which the
Organisation and its officers shall enjoy in the territory of
a Contracting Party shall be subject to an agreement between
the Organisation and the Contracting Party including, in
particular, an agreement between the Organisation and the
Contracting Party hosting the Secretariat.
4. The Secretariat of the Organisation shall be in New Zealand
or at such other place as may be decided by the Commission.

Article 7
THE COMMISSION
1. Each Contracting Party shall be a member of the Commission
and shall appoint one representative to the Commission who
may be accompanied by alternative representatives, experts
and advisers.
2. The Commission shall elect a Chairperson and a
Vice-Chairperson from among the Contracting Parties, each of
whom shall serve for a term of two years and shall be
eligible for re-election but shall not serve for more than
two terms in succession in the same capacity. The Chairperson
and Vice Chairperson shall be representatives of different
Contracting Parties.
3. The first meeting of the Commission shall take place no later
than 12 months following the entry into force of this
Convention. Thereafter the Chairperson of the Commission
shall convene an annual meeting, unless the Commission
decides otherwise, at a time and location to be decided by
the Commission. The Commission shall hold such other meetings
as may be necessary to carry out its functions under this
Convention.
4. The principle of cost effectiveness shall apply to the
frequency, duration and scheduling of meetings of the
Commission and its subsidiary bodies.

Article 8
FUNCTIONS OF THE COMMISSION
The Commission shall, in accordance with the objective,
principles and approaches, and specific provisions of this
Convention, exercise the following functions:
(a) adopt conservation and management measures to achieve the
objective of this Convention, including, as appropriate,
conservation and management measures for particular fish
stocks;
(b) determine the nature and extent of participation in fishing
for fishery resources including, as appropriate, for
particular fish stocks;
(c) develop rules for the collection, verification, reporting,
storing and dissemination of data;
(d) promote the conduct of scientific research to improve
knowledge of fishery resources and marine ecosystems in the
Convention Area and of the same fishery resources in
adjacent waters under national jurisdiction, and, in
collaboration with the Scientific Committee, establish
procedures for the conduct of fishing for fishery resources
for scientific purposes in the Convention Area;
(e) cooperate and exchange data with members of the Commission
and with relevant organisations, coastal States, territories
and possessions;
(f) promote compatibility of conservation and management
measures in the Convention Area, adjacent areas under
national jurisdiction and adjacent areas of high seas;
(g) develop and establish effective monitoring, control,
surveillance, compliance and enforcement procedures,
including nondiscriminatory market-related and traderelated
measures;
(h) develop processes in accordance with international law to
assess flag State performance with respect to the
implementation of their obligations under this Convention
and adopt proposals, if appropriate, to promote
implementation of such obligations;
(i) adopt measures to prevent, deter and eliminate IUU fishing;
(j) develop rules for cooperating non-Contracting Party status
under this Convention;
(k) review the effectiveness of the provisions of this
Convention and the conservation and management measures
adopted by the Commission in meeting the objective of this
Convention;
(l) supervise the organisational, administrative, financial and
other internal affairs of the Organisation, including the
relations among constituent bodies;
(m) guide the Commission’s subsidiary bodies in their work;
(n) adopt by consensus the budget of the Organisation, the
financial regulations of the Organisation and any amendments
thereto, and its rules of procedure, which may include
procedures for taking and recording decisions
intersessionally;
(o) adopt and amend as necessary any other regulations necessary
for the exercise of its functions and those of its
subsidiary bodies; and
(p) exercise any other function and take any other decisions
that may be necessary for achieving the objective of this
Convention.

Article 9
SUBSIDIARY BODIES
1. The Commission may establish other subsidiary bodies,
additional to the Scientific Committee, the Compliance and
Technical Committee, the Eastern Sub-regional Management
Committee, the Western Sub-regional Management Committee and
the Finance and Administration Committee as may be required.
Such additional subsidiary bodies may be established on a
permanent or temporary basis taking into account cost
implications.
2. In establishing such additional subsidiary bodies the
Commission shall provide specific terms of reference and
methods of work, provided always that such specific terms of
reference are consistent with the objective and the
conservation and management principles and approaches of this
Convention and with the 1982 Convention and the 1995
Agreement. Such terms of reference and methods of work may be
reviewed and amended as appropriate by the Commission from
time to time.
3. All subsidiary bodies shall report, advise and make
recommendations to the Commission and contribute to regular
reviews of the effectiveness of conservation and management
measures adopted by the Commission.
4. In carrying out their functions, all subsidiary bodies shall
take into consideration the relevant work of other subsidiary
bodies established by the Commission, and as appropriate the
work of other fisheries management organisations and the work
of other relevant technical and scientific bodies.
5. All subsidiary bodies may establish working groups.
Subsidiary bodies may also seek external advice as required
in accordance with any general or specific guidance provided
by the Commission.
6. All subsidiary bodies shall operate under the rules of
procedure of the Commission unless otherwise decided by the
Commission.

Article 10
SCIENTIFIC COMMITTEE
1. Each member of the Commission shall be entitled to appoint
one representative to the Scientific Committee who may be
accompanied by alternate representatives and advisers.
2. The functions of the Scientific Committee shall be to:
(a) plan, conduct and review scientific assessments of the
status of fishery resources including, in cooperation with
the relevant coastal State Contracting Party or Parties,
fishery resources that straddle the Convention Area and
areas under national jurisdiction;
(b) provide advice and recommendations to the Commission and its
subsidiary bodies based on such assessments including, as
appropriate:
(i) reference points, including precautionary reference points
as described in Annex II of the 1995 Agreement;
(ii) management strategies or plans for fishery resources
based on such reference points; and
(iii) analyses of conservation and management alternatives,
such as the establishment of total allowable catch or
total allowable fishing effort at different levels, that
estimate the extent to which each alternative would
achieve the objective or objectives of any management
strategy or plan adopted, or under consideration, by the
Commission;
(c) provide advice and recommendations to the Commission and its
subsidiary bodies on the impact of fishing on the marine
ecosystems in the Convention Area including advice and
recommendations on the identification and distribution of
vulnerable marine ecosystems, the likely impacts of fishing
on such vulnerable marine ecosystems and measures to prevent
significant adverse impacts on them;
(d) encourage and promote cooperation in scientific research in
order to improve knowledge of the state of fishery resources
and the marine ecosystems in the Convention Area including
knowledge in relation to fishery resources straddling the
Convention Area and areas under national jurisdiction; and
(e) provide such other scientific advice to the Commission and
its subsidiary bodies as it considers appropriate, or as may
be requested by the Commission.
3. The rules of procedure of the Commission shall provide that
where the Scientific Committee is unable to provide its
advice by consensus, it shall set out in its report the
different views of its members. The reports of the Scientific
Committee shall be made publicly available.
4. The Commission, taking into account any recommendations from
the Scientific Committee, may engage the services of
scientific experts to provide information and advice on the
fishery resources and marine ecosystems in the Convention
Area and any related matters that may be relevant to the
Commission ’ s consideration of conservation and management
measures.
5. The Commission shall make appropriate arrangements for the
periodic independent peer review of the Scientific Committee
’ s reports, advice and recommendations.

Article 11
COMPLIANCE AND TECHNICAL COMMITTEE
1. Each member of the Commission shall be entitled to appoint
one representative to the Compliance and Technical Committee
who may be accompanied by alternate representatives and
advisers.
2. The functions of the Compliance and Technical Committee shall
be to:
(a) monitor and review the implementation of, and compliance
with, conservation and management measures adopted under
this Convention and provide advice and recommendations to
the Commission;
(b) provide such other information, technical advice and
recommendations as it considers appropriate or as may be
requested by the Commission relating to the implementation
of and compliance with the provisions of this Convention and
the conservation and management measures adopted, or under
consideration, by the Commission; and
(c) review the implementation of cooperative measures for
monitoring, control, and surveillance and enforcement
adopted by the Commission and provide advice and
recommendations to the Commission.

Article 12
EASTERN AND WESTERN SUB-REGIONAL MANAGEMENT COMMITTEES
1. The Eastern and Western Sub-regional Management Committees
shall, on their own initiative or at the request of the
Commission, develop and make recommendations to the
Commission on conservation and management measures, in
accordance with Article 20, and on participation in fishing
for fishery resources, in accordance with Article 21, for the
parts of the Convention Area described in Annex I. Such
recommendations shall be consistent with any measures of
general application adopted by the Commission and shall
require the consent of the coastal State Contracting Party or
Parties concerned on the matters on which such consent is
required under Article 20 paragraph 4 and Article 21
paragraph 2. Where appropriate the Committees shall make all
efforts to coordinate their recommendations.
2. The Commission may by consensus amend Annex I at any time to
adjust the geographic coordinates it contains. Such amendment
shall take effect from the date of its adoption, or any other
date specified in the amendment.
3. The Commission may decide to assign to one Sub-regional
Management Committee primary responsibility for developing
and making recommendations to the Commission in accordance
with this Article for a specific fishery resource even if the
range of that resource should extend beyond the part of the
Convention Area for which that Committee has responsibilities
in accordance with Annex I.
4. Each Committee shall develop its recommendations on the basis
of the advice and recommendations of the Scientific
Committee.
5.
(a) Members of the Commission situated adjacent to the part of
the Convention Area for which a Committee has responsibility
in accordance with this Article, or whose fishing vessels
(i) are currently fishing in that area; or
(ii) have fished in that area within the past two years; or
(iii) are fishing for a specific fishery resource assigned to
that Committee pursuant to paragraph 3, including in
areas under national jurisdiction adjacent to the
Convention Area
shall be members of that Committee.
(b) Any member of the Commission that is not a member of a
Committee pursuant to subparagraph (a) that gives notice to
the Secretariat of an intention to fish within two years of
the notice in the part of the Convention Area for which a
Committee has responsibility in accordance with this
Article, shall become a member of that Committee. If the
notifying member of the Commission does not fish in that
part of the Convention Area within two years of the notice,
it shall cease to be a member of that Committee.
(c) Any member of the Commission that is not a member of a
Committee pursuant to subparagraph (a) or (b) may send a
representative to participate in the work of that Committee.
(d) For the purposes of this paragraph, “ fishing ” includes
only the activities described in Article 1 paragraph 1 (g)
(i) and (ii).
6. The Eastern and Western Sub-regional Management Committees
shall make all efforts to adopt their recommendations to the
Commission by consensus. If all efforts to reach agreement on
a recommendation by consensus have been exhausted,
recommendations shall be adopted by a two-thirds majority of
the members of the relevant Sub-regional Management
Committee. Reports to the Commission may include majority and
minority views.
7. The recommendations made in accordance with this Article will
be the basis of conservation and management measures and
decisions referred to in Articles 20 and 21, respectively,
that shall be adopted by the Commission.
8. Any extraordinary costs incurred for the work of either of
the Sub-regional Management Committees shall be borne by the
members of the relevant Committee.

Article 13
FINANCE AND ADMINISTRATION COMMITTEE
1. Each member of the Commission shall be entitled to appoint
one representative to the Finance and Administration
Committee who may be accompanied by alternate representatives
and advisers.
2. The functions of the Finance and Administration Committee
shall be to advise the Commission on the budget, on the time
and place of meetings of the Commission, on publications of
the Commission, on matters relating to the Executive
Secretary and the staff of the Secretariat and on such other
financial and administrative matters as may be referred to it
by the Commission.

Article 14
SECRETARIAT
1. The Secretariat shall perform the functions delegated to it
by the Commission.
2. The chief administrative officer of the Secretariat shall be
the Executive Secretary, who shall be appointed with the
approval of the Contracting Parties on such terms as they may
determine.
3. Any employees of the Secretariat shall be appointed by the
Executive Secretary in accordance with such staff regulations
as may be determined by the Commission.
4. The Executive Secretary shall ensure the effective
functioning of the Secretariat.
5. The Secretariat to be established under this Convention shall
be cost effective. The setting up and the functioning of the
Secretariat shall, where appropriate, take into account the
capacity of existing regional institutions to perform certain
technical secretariat functions and more specifically the
availability of services under contractual arrangement.

Article 15
BUDGET
1. The Commission, at its first meeting, shall adopt a budget to
fund the Commission and its subsidiary bodies, and shall also
adopt financial regulations. All decisions on the budget and
financial regulations, including decisions relating to the
contributions of members of the Commission and the formula
for calculating such contributions, shall be taken by
consensus.
2. Each member of the Commission shall contribute to the budget.
The amount of the annual contributions due from each member
of the Commission shall be a combination of a variable fee
based on its total catch of such fishery resources as may be
specified by the Commission and a basic fee and shall take
account of its economic status. For a member of the
Commission whose only catch in the Convention Area is that of
its territory or territories adjoining the Convention Area
the economic status shall be that of the territory concerned.
The Commission shall adopt and may amend a formula for the
calculation of these contributions which shall be set out in
the financial regulations of the Commission.
3. The Commission may request and accept financial contributions
and other forms of assistance from organisations, individuals
and other sources for purposes connected with the fulfilment
of its functions.
4. The Executive Secretary shall submit a draft of the annual
budget for the two succeeding financial years to each member
of the Commission together with a schedule of contributions,
not less than 60 days before the meeting of the Finance and
Administration Committee where the Committee will adopt its
recommendations to the Commission. In preparing the draft
budget the Secretariat shall take full account of the need
for cost effectiveness together with the guidance of the
Commission as to the meetings of the subsidiary bodies that
may be required in the budget year. Each annual meeting of
the Commission shall adopt a budget for the succeeding
financial year.
5. If the Commission is unable to adopt a budget, the level of
contributions to the administrative budget of the Commission
shall be determined in accordance with the budget for the
preceding year for the purposes of meeting the administrative
expenses of the Commission for the following year until such
time as a new budget can be adopted by consensus.
6. Following the annual meeting of the Commission, the Executive
Secretary shall notify each member of the Commission of its
contribution due as calculated under the formula adopted by
the Commission pursuant to paragraph 2 and as soon as
possible thereafter each member of the Commission shall pay
its contribution to the Organisation.
7. Contributions shall be payable in the currency of the country
in which the Secretariat of the Organisation is located,
except if otherwise authorised by the Commission.
8. A Contracting Party that becomes party to this Convention
during the course of a financial year shall contribute in
respect of that financial year a part of the contribution
calculated in accordance with the provisions of this Article
that is proportionate to the number of complete months
remaining in the year from the date that the Convention
enters into force for that Party.
9. Unless otherwise decided by the Commission, a member of the
Commission that is in arrears with its payment of any monies
owed to the Organisation by more than two years shall not
participate in the taking of any decisions by the Commission
until it has paid all monies owed by it to the Commission.
10. The financial activities of the Organisation shall be
conducted in accordance with financial regulations adopted
by the Commission and shall be subject to an annual audit by
independent auditors appointed by the Commission.

Article 16
DECISION MAKING
1. As a general rule, decisions by the Commission shall be taken
by consensus. For the purpose of this Article, “ consensus
” means the absence of any formal objection made at the time
the decision was taken.
2. Except where this Convention expressly provides that a
decision shall be taken by consensus, if the Chairperson
considers that all efforts to reach a decision by consensus
have been exhausted:
(a) decisions of the Commission on questions of procedure shall
be taken by a majority of the members of the Commission
casting affirmative or negative votes; and
(b) decisions on questions of substance shall be taken by a
three-fourths majority of the members of the Commission
casting affirmative or negative votes.
3. When the issue arises as to whether a question is one of
substance or not, that question shall be treated as one of
substance.

Article 17
IMPLEMENTATION OF COMMISSION DECISIONS
1. Decisions on questions of substance adopted by the Commission
shall become binding on the members of the Commission in the
following manner:
(a) the Executive Secretary shall promptly notify each decision
to all members of the Commission; and
(b) subject to paragraph 2, the decision shall become binding
upon all members of the Commission 90 days after the date of
transmittal specified in the notification pursuant to
subparagraph (a) “ the date of notification ”.
2.
(a) Any member of the Commission may present to the Executive
Secretary an objection to a decision within 60 days of the
date of notification “ the objection period ”. In that
event the decision shall not become binding on that member
of the Commission to the extent of the objection, except in
accordance with paragraph 3 and Annex II.
(b) A member of the Commission that presents an objection shall
at the same time:
(i) specify in detail the grounds for its objection;
(ii) adopt alternative measures that are equivalent in effect
to the decision to which it has objected and have the
same date of application; and
(iii) advise the Executive Secretary of the terms of such
alternative measures.
(c) The only admissible grounds for an objection are that the
decision unjustifiably discriminates in form or in fact
against the member of the Commission, or is inconsistent
with the provisions of this Convention or other relevant
international law as reflected in the 1982 Convention or the
1995 Agreement.
3. Any member of the Commission that has objected to a decision
may at any time withdraw that objection. The decision shall
then become binding on that member in accordance with
paragraph 1(b) or on the date of the withdrawal of the
objection whichever is the later.
4. The Executive Secretary shall promptly notify all members of
the Commission of:
(a) the receipt and withdrawal of each objection; and
(b) the grounds for that objection and the alternative measures
adopted, or proposed to be adopted, pursuant to paragraph 2.
5.
(a) When an objection is presented by a member of the Commission
pursuant to paragraph 2, a Review Panel shall be established
within 30 days after the end of the objection period. The
Review Panel shall be established in accordance with the
procedures in Annex II.
(b) The Executive Secretary shall promptly notify all members of
the Commission of the establishment of the Review Panel.
(c) If two or more members of the Commission present objections
based on the same grounds, those objections shall be dealt
with by the same Review Panel, which shall have the
membership specified in Annex II paragraph 2.
(d) If two or more members of the Commission present objections
on different grounds, those objections may, with the consent
of the members of the Commission concerned, be dealt with by
the same Review Panel, which shall have the membership
specified in Annex II paragraph 2. In the absence of such
consent, objections on different grounds shall be dealt with
by separate Review Panels.
(e) Within 45 days after its establishment, the Review Panel
shall transmit to the Executive Secretary its findings and
recommendations on whether the grounds specified for the
objection presented by the member or members of the
Commission are justified and whether the alternative
measures adopted are equivalent in effect to the decision to
which objection has been presented.
(f) The Executive Secretary shall promptly notify all members of
the Commission of the findings and recommendations of the
Review Panel. The findings and recommendations of the Review
Panel shall be dealt with and have effect as set out in
Annex II.
6. Nothing in this Article limits the right of a member of the
Commission at any time to refer a dispute concerning the
interpretation or application of this Convention for binding
settlement in accordance with the provisions of this
Convention relating to the settlement of disputes.

Article 18
TRANSPARENCY
1. The Commission shall promote transparency in decision making
processes and other activities carried out under this
Convention.
2. All meetings of the Commission and its subsidiary bodies
shall be open to all participants and observers registered in
accordance with paragraph 4 unless otherwise decided by the
Commission. The Commission shall publish its reports and
conservation and management measures when adopted and shall
maintain a public record of all reports and conservation and
management measures in force in the Convention Area.
3. The Commission shall promote transparency in the
implementation of this Convention through the public
dissemination of non-commercially sensitive information and,
as appropriate, facilitating consultations with, and the
participation of, non-governmental organisations,
representatives of the fishing industry, particularly the
fishing fleet, and other interested bodies and individuals.
4. Representatives of non-Contracting Parties, relevant
intergovernmental organisations and non-governmental
organisations, including environmental organisations and
fishing industry organisations with an interest in matters
pertaining to the Commission shall be afforded the
opportunity to take part in the meetings of the Commission
and of its subsidiary bodies, as observers or otherwise as
appropriate. The rules of procedure of the Commission shall
provide for such participation and shall not be unduly
restrictive in this respect. The rules of procedure shall
also provide for such representatives to have timely access
to all relevant information.

Article 19
RECOGNITION OF THE SPECIAL REQUIREMENTS OF DEVELOPING STATES
1. The Commission shall give full recognition to the special
requirements of developing State Contracting Parties in the
region, in particular the least developed among them and
small island developing States, and of territories and
possessions in the region, in relation to the conservation
and management of fishery resources in the Convention Area
and the sustainable use of such resources.
2. In giving effect to the duty to cooperate in the
establishment of conservation and management measures for
fishery resources covered by this Convention, the members of
the Commission shall take into account the special
requirements of developing State Contracting Parties in the
region, in particular the least developed among them and
small island developing States, and territories and
possessions in the region, in particular:
(a) the vulnerability of such developing States and territories
and possessions which are dependent on the exploitation of
living marine resources, including for meeting the
nutritional requirements of their populations or part
thereof;
(b) the need to avoid adverse impacts on, and ensure access to
fisheries by, subsistence, small-scale and artisanal fishers
and women fish workers, as well as indigenous people in such
developing States Parties, and territories and possessions;
and
(c) the need to ensure that such measures do not result in
transferring, directly or indirectly, a disproportionate
burden of conservation action onto such developing State
Contracting Parties, and territories and possessions.
3. The members of the Commission shall cooperate either directly
or through the Commission and other regional or sub-regional
organisations to:
(a) enhance the ability of developing State Contracting Parties
in the region, in particular the least developed among them
and small island developing States, and of territories and
possessions in the region, to conserve and manage fishery
resources and to develop their own fisheries for such
resources;
(b) assist developing State Contracting Parties in the region,
in particular the least developed among them and small
island developing States, and territories and possessions in
the region, to enable them to participate in fishing for
fishery resources, including facilitating access to such
fishery resources consistent with Article 3 and Article 21;
and
(c) facilitate the participation of developing State Contracting
Parties in the region, in particular the least developed
among them and small island developing States, and of
territories and possessions in the region, in the work of
the Commission and its subsidiary bodies.
4. Cooperation for the purposes set out in this Article may
include the provision of financial assistance, assistance
relating to human resources development, technical
assistance, transfer of technology, including through joint
venture arrangements, and advisory and consultative services.
Such assistance shall, inter alia, be directed towards:
(a) improved conservation and management of fishery resources
through collection, reporting, verification, exchange and
analysis of fisheries data and related information;
(b) stock assessment and scientific research; and
(c) monitoring, control, surveillance, compliance and
enforcement, including training and capacity-building at the
local level, development and funding of national and
regional observer programmes and access to technology and
equipment.
5. The Commission shall establish a fund to facilitate the
effective participation of developing State Contracting
Parties in the region, in particular the least developed
among them and small island developing States, and, as
appropriate, territories and possessions in the region, in
the work of the Commission and its subsidiary bodies. The
financial regulations of the Commission shall include
guidelines for the administration of the fund and criteria
for eligibility for assistance.

Article 20
CONSERVATION AND MANAGEMENT MEASURES
1. The conservation and management measures adopted by the
Commission shall include measures to:
(a) ensure the long-term sustainability of fishery resources and
promote the objective of their responsible utilisation;
(b) prevent or eliminate over fishing and excess fishing
capacity to ensure that levels of fishing effort do not
exceed those commensurate with the sustainable use of
fishery resources;
(c) maintain or restore populations of non-target and associated
or dependent species to above levels at which their
reproduction may become seriously threatened; and
(d) protect the habitats and marine ecosystems in which fishery
resources and non-target and associated or dependent species
occur from the impacts of fishing, including measures to
prevent significant adverse impacts on vulnerable marine
ecosystems and precautionary measures where it cannot
adequately be determined whether vulnerable marine
ecosystems are present or whether fishing would cause
significant adverse impacts on vulnerable marine ecosystems.
2. The specific conservation and management measures adopted by
the Commission shall, as appropriate, include the
determination of:
(a) reference points, including precautionary reference points
as described in Annex II of the 1995 Agreement;
(b) the actions to be taken if those reference points are
approached or exceeded;
(c) the nature and extent of fishing for any fishery resource
including the establishment of a total allowable catch or
total allowable fishing effort;
(d) the general or specific locations in which fishing may or
may not occur;
(e) the periods in which fishing may or may not occur;
(f) the size limits in respect of the catch which may be
retained; and
(g) the types of fishing gear, fishing technology, or fishing
practices which may be used when fishing.
3. In determining a total allowable catch or total allowable
fishing effort for any fishery resource under paragraph 2
(c), the Commission shall take into account the following
factors:
(a) the status and stage of development of the fishery resource;
(b) fishing patterns of the fishery resource;
(c) catch of the same fishery resource within areas under
national jurisdiction where relevant;
(d) an allowance for discards and any other incidental
mortality;
(e) catch of non-target and associated or dependent species and
impacts on the marine ecosystems in which the fishery
resource occurs;
(f) relevant ecological and biological factors limiting the
nature of fishery resources that may be harvested;
(g) relevant environmental factors, including trophic
interactions which may have an effect upon the fishery
resource and non-target and associated or dependent species;
and
(h) as appropriate, relevant conservation and management
measures adopted by other intergovernmental organisations.
The Commission shall regularly review the total allowable
catch or total allowable fishing effort established for any
fishery resource.
4.
(a) For a fishery resource that straddles the Convention Area
and an area under the national jurisdiction of a coastal
State Contracting Party or Parties:
(i) the Commission shall establish a total allowable catch or
total allowable fishing effort and other conservation and
management measures, as appropriate, for the Convention
Area. The Commission and the coastal State Contracting
Party or Parties concerned shall cooperate in the
coordination of their respective conservation and
management measures in accordance with Article 4 of this
Convention;
(ii) with the express consent of the coastal State Contracting
Party or Parties concerned, the Commission may establish,
in accordance with Annex III of this Convention, and as
appropriate, a total allowable catch or total allowable
fishing effort that will apply throughout the range of
the fishery resource; and
(iii) in the case where one or more of the coastal State
Contracting Parties does not consent to a total
allowable catch or total allowable fishing effort that
will apply throughout the range of the fishery resource,
the Commission may establish, as appropriate, a total
allowable catch or total allowable fishing effort that
will apply in the areas of national jurisdiction of the
consenting coastal State Contracting Party or Parties
and the Convention Area. Annex III will apply, mutatis
mutandis, to the establishment of this total allowable
catch or total allowable fishing effort by the
Commission.
(b) In cases covered by subparagraph (a) (ii) or (a) (iii),
other complementary conservation and management measures may
be adopted so as to ensure sustainable conservation and
management of the fishery resource throughout its range. To
give effect to this paragraph, such measures may be adopted,
in accordance with the principles of compatibility outlined
in Article 4, by the Commission for the high seas and the
coastal State Contracting Party or Parties concerned for the
areas under national jurisdiction; and by the Commission,
with the consent of the coastal State Contracting Party or
Parties concerned, for measures that will apply throughout
the range of the fishery resource.
(c) All conservation and management measures, including a total
allowable catch or total allowable fishing effort, adopted
by the Commission in accordance with subparagraphs (a) (ii),
(a) (iii) and (b) are without prejudice to and do not affect
the sovereign rights of coastal States for the purpose of
exploring and exploiting, conserving and managing the living
marine resources within areas under national jurisdiction in
accordance with international law, as reflected in the
relevant provisions of the 1982 Convention and the 1995
Agreement, and do not in any other respect affect the Area
of application of this Convention established by Article 5.
5.
(a) The Commission shall adopt measures to be applied on an
emergency basis, in accordance with Article 16, including
intersessionally, if necessary, where fishing presents a
serious threat to the sustainability of fishery resources or
the marine ecosystem in which these fishery resources occur
or when a natural phenomenon or human caused disaster has,
or is likely to have, a significant adverse impact on the
status of fishery resources to ensure that fishing does not
exacerbate such threat or adverse impact.
(b) Measures taken on an emergency basis shall be based on the
best scientific evidence available. Such measures shall be
temporary and must be reconsidered for decision at the next
meeting of the Commission following their adoption. The
measures shall become binding on the members of the
Commission in accordance with Article 17 paragraph 1. Such
measures shall not be open to the objection procedure in
Article 17 paragraph 2 but may be the subject of dispute
settlement procedures under this Convention.
6. The conservation and management measures adopted by the
Commission shall be progressively developed and integrated
into management strategies or plans that set out the
management objectives for each fishery resource, the
reference points against which to measure progress in
relation to those objectives, the indicators to be used in
relation to those reference points and the measures to be
taken in response to particular indicator levels.

Article 21
PARTICIPATION IN FISHING FOR FISHERY RESOURCES
1. When taking decisions regarding participation in fishing for
any fishery resource, including the allocation of a total
allowable catch or total allowable fishing effort, the
Commission shall take into account the status of the fishery
resource and the existing level of fishing effort for that
resource and the following criteria to the extent relevant:
(a) historic catch and past and present fishing patterns and
practices in the Convention Area;
(b) compliance with the conservation and management measures
under this Convention;
(c) demonstrated capacity and willingness to exercise effective
flag State control over fishing vessels;
(d) contribution to the conservation and management of fishery
resources, including the provision of accurate data and
effective monitoring, control, surveillance and enforcement;
(e) the fisheries development aspirations and interests of
developing States in particular small island developing
States and of territories and possessions in the region;
(f) the interests of coastal States, and in particular
developing coastal States and territories and possessions,
in a fishery resource that straddles areas of national
jurisdiction of such States, territories and possessions and
the Convention Area;
(g) the needs of coastal States and of territories and
possessions whose economies are dependent mainly on the
exploitation of and fishing for a fishery resource that
straddles areas of national jurisdiction of such States,
territories and possessions and the Convention Area;
(h) the extent to which a member of the Commission is utilising
the catch for domestic consumption and the importance of the
catch to its food security;
(i) contribution to the responsible development of new or
exploratory fisheries in accordance with Article 22; and
(j) contribution to the conduct of scientific research with
respect to fishery resources and the public dissemination of
the results of such research.
2. When the Commission establishes a total allowable catch or
total allowable fishing effort for any fishery resource
pursuant to Article 20 paragraph 4 (a) (ii) or (iii), it may,
with the express consent of the coastal State Contracting
Party or Parties concerned, also take decisions regarding
participation in fishing for that resource throughout its
relevant range.
3. In taking decisions under paragraph 2, the Commission shall
take into account the historic catch and past and present
fishing patterns and practices throughout the relevant range
of the fishery resource concerned and the criteria listed in
paragraph 1(b) – (j).
4. When the consent of the coastal State Contracting Party or
Parties concerned is not provided pursuant to paragraph 2:
(a) the Commission shall take decisions, in accordance with
paragraph 1, regarding allocation of the portion of the
total allowable catch or total allowable fishing effort
established pursuant to Article 20 paragraph 4 (a) (i) that
may be taken in the Convention Area; and
(b) the Commission and the coastal State Contracting Party or
Parties concerned shall cooperate in accordance with Article
4.
5. In taking decisions under this Article, the Commission may
also have regard, as appropriate, to performance with respect
to other international fisheries management regimes.
6. The Commission shall, when appropriate, review decisions
regarding participation in fishing for fishery resources,
including the allocation of a total allowable catch or total
allowable fishing effort, taking into account the provisions
of this Article and the interests of new Contracting Parties.

Article 22
NEW OR EXPLORATORY FISHERIES
1. A fishery that has not been subject to fishing or has not
been subject to fishing with a particular gear type or
technique for ten years or more shall be opened as a fishery
or opened to fishing with such gear type or technique only
when the Commission has adopted cautious preliminary
conservation and management measures in respect of that
fishery, and, as appropriate, non-target and associated or
dependent species, and appropriate measures to protect the
marine ecosystem in which that fishery occurs from adverse
impacts of fishing activities.
2. Such preliminary conservation and management measures, which
may include requirements regarding notification of intention
to fish, the establishment of a development plan, mitigation
measures to prevent adverse impacts on marine ecosystems, use
of particular fishing gear, the presence of observers, the
collection of data, and the conduct of research or
exploratory fishing, shall be consistent with the objective
and the conservation and management principles and approaches
of this Convention. The measures shall ensure that the new
fishery resource is developed on a precautionary and gradual
basis until sufficient information is acquired to enable the
Commission to adopt appropriately detailed conservation and
management measures.
3. The Commission may, from time to time, adopt standard minimum
conservation and management measures that are to apply in
respect of some or all new fisheries prior to the
commencement of fishing for such new fisheries.

Article 23
DATA COLLECTION, COMPILATION AND EXCHANGE
1. To enhance the information base for the conservation and
management of fishery resources, non-target and associated or
dependent species and the protection of the marine ecosystems
in which those resources occur; and to contribute to the
elimination or reduction of IUU fishing and its negative
impact on those resources, the Commission shall, taking full
account of Annex I of the 1995 Agreement, develop standards,
rules and procedures for, inter alia:
(a) the collection, verification and timely reporting to the
Commission of all relevant data by members of the
Commission;
(b) the compilation and management by the Commission of accurate
and complete data to facilitate effective stock assessment
and ensure that the provision of the best scientific advice
is enabled;
(c) the security of, access to and dissemination of data while
maintaining confidentiality where appropriate;
(d) the exchange of data among members of the Commission, and
with other regional fisheries management organisations, and
other relevant organisations including data concerning
vessels engaged in IUU fishing, and, as appropriate,
concerning the beneficial ownership of such vessels, with a
view to consolidating such information into a centralised
format for dissemination as appropriate;
(e) the facilitation of coordinated documentation and data
sharing between regional fisheries management organisations,
including procedures to exchange data on vessel registers,
catch documentation and trade tracking schemes where
applicable; and
(f) regular audits of Commission member compliance with data
collection and exchange requirements, and for addressing any
noncompliance identified in such audits.
2. The Commission shall ensure that data are publicly available
concerning the number of vessels operating in the Convention
Area, the status of fishery resources managed under this
Convention, fishery resource assessments, research programmes
in the Convention Area, and cooperative initiatives with
regional and global organisations.

Article 24
OBLIGATIONS OF MEMBERS OF THE COMMISSION
1. Each member of the Commission shall, in respect of its
fishing activities within the Convention Area:
(a) implement this Convention and any conservation and
management measures adopted by the Commission, and take all
necessary measures to ensure their effectiveness;
(b) cooperate in furthering the objective of this Convention;
(c) take all necessary measures to support efforts to prevent,
deter and eliminate IUU fishing; and
(d) collect, verify and report scientific, technical and
statistical data pertaining to fishery resources and marine
ecosystems in the Convention Area in conformity with the
standards, rules and procedures established by the
Commission.
2. Each member of the Commission shall report to the Commission
on an annual basis indicating how it has implemented the
conservation and management measures and compliance and
enforcement procedures adopted by the Commission. In the case
of coastal State Contracting Parties, the report shall
include information regarding the conservation and management
measures they have taken for straddling fishery resources
occurring in waters under their jurisdiction adjacent to the
Convention Area in accordance with Article 20 paragraph 4 and
Article 4. Such reports shall be made publicly available.
3. Without prejudice to the primacy of the responsibility of the
flag State, to the greatest extent possible, each member of
the Commission shall take measures and cooperate to ensure
compliance by its nationals, or fishing vessels owned,
operated or controlled by its nationals, with the provisions
of this Convention and any conservation and management
measures adopted by the Commission, and immediately
investigate any alleged violation of such provisions and
measures. Members of the Commission shall provide reports on
the progress of the investigation to the Commission and
relevant members of the Commission at appropriate regular
intervals, to the extent permitted by national law, as well
as a final report on the outcome when the investigation is
completed.
4. To the extent permitted by its national laws and regulations,
each member of the Commission shall establish arrangements
for making available to prosecuting authorities of other
members of the Commission evidence related to alleged
violations of the provisions of the Convention and any
conservation and management measures adopted by the
Commission, including information available on the beneficial
ownership of vessels flying its flag.
5. Each member of the Commission shall fulfil in good faith the
obligations assumed under this Convention and shall exercise
the rights recognised in this Convention in a manner which
would not constitute an abuse of right.

Article 25
FLAG STATE DUTIES
1. Each member of the Commission shall take all necessary
measures to ensure that fishing vessels flying its flag:
(a) comply with the provisions of this Convention and the
conservation and management measures adopted by the
Commission and that such vessels do not engage in any
activity which undermines the effectiveness of such measures
when operating in the Convention Area;
(b) do not conduct unauthorised fishing within waters under
national jurisdiction adjacent to the Convention Area;
(c) carry and operate equipment sufficient to comply with vessel
monitoring system standards and procedures adopted by the
Commission; and
(d) land or tranship fishery resources caught in the Convention
Area in accordance with standards and procedures adopted by
the Commission.
2. No member of the Commission shall allow any fishing vessel
entitled to fly its flag to be used for fishing in the
Convention Area unless it has been authorised to do so by the
appropriate authority or authorities of that member of the
Commission.
3. Each member of the Commission shall:
(a) authorise the use of fishing vessels flying its flag for
fishing in the Convention Area only where it is able to
exercise effectively its responsibilities in respect of such
vessels under this Convention and in accordance with
international law;
(b) maintain a register of fishing vessels entitled to fly its
flag and authorised to fish for fishery resources, and
ensure that, for all such vessels, such information as may
be specified by the Commission is entered in that register;
(c) in accordance with measures adopted by the Commission,
investigate immediately and report fully on actions taken in
response to any alleged violation by fishing vessels flying
its flag of the provisions of this Convention or any
conservation and management measure adopted by the
Commission. Reporting shall include reports on the progress
of the investigation to the Commission at appropriate
regular intervals, to the extent permitted by national law,
as well as a final report on the outcome when the
investigation is completed;
(d) ensure that penalties applicable for such violations are of
an appropriate severity, taking into account relevant
factors including the value of the catch, to secure
compliance, discourage further violations and deprive
offenders of the benefits accruing from their illegal
activities; and
(e) ensure in particular that, where it has been established, in
accordance with its laws, that a fishing vessel flying its
flag has been involved in the commission of a serious
violation of the provisions of this Convention or of any
conservation and management measures adopted by the
Commission, the vessel concerned ceases fishing activities
and does not engage in such activities in the Convention
Area until it has complied with all outstanding sanctions
imposed by the member of the Commission in respect of the
violation.
4. Each member of the Commission is encouraged to ensure that
fishing vessels flying its flag operate in the Convention
Area in accordance with applicable international obligations,
and with regard to relevant recommendations and guidelines,
regarding safety at sea for vessels and their crews.
5. Each member of the Commission shall ensure that fishing
vessels flying its flag engaged in or intending to engage in
research into fishery resources comply with any procedures
established by the Commission for the conduct of scientific
research in the Convention Area.

Article 26
PORT STATE DUTIES
1. A port State Contracting Party has the right and duty to take
measures, in accordance with international law, to promote
the effectiveness of subregional, regional and global
conservation and management measures. When taking such
measures, a port State Contracting Party shall not
discriminate in form or in fact against the fishing vessels
of any State.
2. Each member of the Commission shall:
(a) give effect to conservation and management measures adopted
by the Commission in relation to the entry and use of its
ports by fishing vessels that have engaged in fishing in the
Convention Area including, inter alia, with respect to
landing and transhipment of fishery resources, inspection of
fishing vessels, documents, catch and gear on board, and use
of port services; and
(b) provide assistance to flag States, as reasonably practical
and in accordance with its national law and international
law, when a fishing vessel is voluntarily in its ports and
the flag State of the vessel requests it to provide
assistance in ensuring compliance with the provisions of
this Convention and with the conservation and management
measures adopted by the Commission.
3. In the event that a member of the Commission considers that a
fishing vessel making use of its ports has violated a
provision of this Convention or a conservation and management
measure adopted by the Commission, it shall notify the flag
State concerned, the Commission and other relevant States and
appropriate international organisations. The member of the
Commission shall provide the flag State and, as appropriate
the Commission with full documentation on the matter,
including any record of inspection.
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 27
MONITORING, COMPLIANCE AND ENFORCEMENT
1. The Commission shall establish appropriate cooperative
procedures for effective monitoring, control and surveillance
of fishing and to ensure compliance with this Convention and
the conservation and management measures adopted by the
Commission including, inter alia:
(a) the establishment and maintenance of a Commission record of
vessels authorised to fish in the Convention Area, the
marking of vessels and fishing gear, the recording of
fishing activities, and the reporting of vessel movements
and activities by a satellite vessel monitoring system that
shall be designed to ensure the integrity and security of
near real time transmissions, including through the
possibility of direct and simultaneous transmissions, to the
Commission and flag State;
(b) an inspection programme for Contracting Parties, both at sea
and in port, including procedures for Contracting Parties to
board and inspect each others ’ vessels in the Convention
Area, and procedures for notification of inspection vessels
and aircraft of Contracting Parties that may participate in
the programme;
(c) regulation and supervision of transhipment;
(d) non discriminatory market-related measures, consistent with
international law, to monitor transhipment, landings, and
trade to prevent, deter and eliminate IUU fishing including,
where appropriate, catch documentation schemes;
(e) reporting on violations detected, progress and outcomes of
investigations, and enforcement actions taken; and
(f) addressing IUU fishing activities, including by identifying
vessels engaging in IUU fishing activities, and by adopting
appropriate measures to prevent, deter and eliminate IUU
fishing, such as the development of an IUU vessels list, so
that owners and operators of vessels engaging in such
activities are deprived of the benefits accruing from those
activities.
2. The Commission may adopt procedures that enable measures,
including trade-related measures in relation to fishery
resources, to be applied by members of the Commission to any
state, member of the Commission, or entity whose fishing
vessels engage in fishing activities that diminish the
effectiveness of, or otherwise fail to comply with, the
conservation and management measures adopted by the
Commission. Such measures should include a range of possible
responses so that account can be taken of the reason for and
degree of non-compliance and should include, as appropriate,
cooperative capacity-building initiatives. Any implementation
of trade-related measures by a member of the Commission shall
be consistent with that member ’ s international
obligations, including its obligations under the Agreement
establishing the World Trade Organisation.
3. If, within three years of the entry into force of this
Convention, the Commission has not adopted at sea inspection
procedures as outlined in paragraph 1 (b), or an alternative
mechanism which effectively discharges the obligations of the
members of the Commission under the 1995 Agreement and this
Convention to ensure compliance with the conservation and
management measures adopted by the Commission, Articles 21
and 22 of the 1995 Agreement shall apply among Contracting
Parties as if those Articles were part of this Convention,
and boarding and inspection of fishing vessels in the Area,
as well as any subsequent enforcement action, shall be
conducted in accordance with Articles 21 and 22 of the 1995
Agreement and such additional practical procedures as the
Commission may decide are necessary for the implementation of
those Articles.

Article 28
OBSERVER PROGRAMME
1. The Commission shall establish an observer programme, within
three years of the entry into force of this Convention or
such other period as the Commission may agree, to collect
verified catch and effort data, other scientific data and
additional information related to the fishing activity in the
Convention Area, and its impacts on the marine environment.
Information collected by the observer programme shall, as
appropriate, also be used to support the functions of the
Commission and its subsidiary bodies, including the
Compliance and Technical Committee. The observer programme
shall be coordinated by the Secretariat of the Commission,
and shall be organised in a flexible manner which takes into
account the nature of the fishery resources and other
relevant factors. In this regard, the Commission may enter
into contracts for the provision of the observer programme.
2. The observer programme shall consist of independent and
impartial observers that are sourced from programmes or
service providers accredited by the Commission. The programme
shall be coordinated, to the maximum extent possible, with
other regional, sub-regional and national observer
programmes.
3. The Commission shall develop the observer programme taking
into account advice from the Scientific Committee and
Compliance and Technical Committee. The programme shall be
operated in accordance with standards, rules and procedures
developed by the Commission including, inter alia:
(a) arrangements for the placing of observers by a member of the
Commission on vessels flying the flag of another member of
the Commission with the consent of that member;
(b) levels of coverage appropriate for different fishery
resources to monitor and verify catch, effort, catch
composition and other details of fishing operations;
(c) requirements for collection, validation and reporting of
scientific data and information relevant to the
implementation of the provisions of this Convention and the
conservation and management measures adopted by the
Commission; and
(d) requirements to ensure the safety and training of observers,
for observer accommodation while on board the vessel, and to
ensure observers have full access to and use of all relevant
facilities and equipment on board the vessel in order to
perform their duties effectively.

Article 29
ANNUAL REPORT OF THE COMMISSION
1. The Commission shall publish an annual report, which shall
include details of decisions taken by the Commission to
achieve the objective of this Convention. The report shall
also provide information on actions taken by the Commission
in response to any recommendations from the General Assembly
of the United Nations or the FAO.
2. Copies of the report shall be publicly available and shall be
provided to the Secretary-General of the United Nations and
the Director-General of the FAO.

Article 30
REVIEWS
1. The Commission shall review the effectiveness of the
conservation and management measures adopted by the
Commission in meeting the objective of this Convention and
the consistency of such measures with the principles and
approaches in Article 3. Such reviews may include examination
of the effectiveness of the provisions of the Convention
itself and shall be undertaken at least every five years.
2. The Commission shall determine the terms of reference and
methodology of such reviews which shall be carried out in
accordance with criteria set by the Commission which shall be
guided by best international practices and shall include
contributions from the subsidiary bodies as appropriate and
the participation of a person or persons of recognized
competence who is independent of the Commission.
3. The Commission shall take account of the recommendations
arising from any such review, including through the
appropriate amendment of its conservation and management
measures and the mechanisms for their implementation. Any
proposals for amendment to the provisions of this Convention
arising from any such review shall be dealt with in
accordance with Article 35.
4. The results of any such review shall be made publicly
available following its submission to the Commission.

Article 31
COOPERATION WITH OTHER ORGANISATIONS
1. The Commission shall cooperate, as appropriate, with other
regional fisheries management organisations, the FAO, with
other specialised agencies of the United Nations, and with
other relevant organisations on matters of mutual interest.
2. The Commission shall take account of the conservation and
management measures or recommendations adopted by other
regional fisheries management organisations and other
relevant intergovernmental organisations that have competency
in relation to the Convention Area, or in relation to areas
adjacent to the Convention Area or in respect of particular
living marine resources including non-target and associated
or dependent species, and that have objectives that are
consistent with, and supportive of, the objective of this
Convention. It shall endeavour to ensure that its own
decisions are compatible with, and supportive of, such
conservation and management measures or recommendations.
3. The Commission shall seek to make suitable arrangements for
consultation, cooperation and collaboration with such other
organisations. In particular it shall seek to cooperate with
other relevant organisations with the aim of reducing and
eventually eliminating IUU fishing.

Article 32
NON-PARTIES
1. Members of the Commission shall exchange information with
respect to the activities of fishing vessels engaged in
fishing in the Convention Area that are flying the flags of
non-Contracting Parties to this Convention. Members of the
Commission shall take measures, individually or collectively,
consistent with this Convention and international law to
deter activities of such vessels which undermine the
effectiveness of conservation and management measures
applicable in the Convention Area, and shall report to the
Commission any action taken in response to fishing in the
Convention Area by non-Contracting Parties.
2. Taking account of Articles 116 to 119 of the 1982 Convention,
the members of the Commission, individually or collectively,
may draw the attention of any State or fishing entity which
is a non-Contracting Party to this Convention to any activity
which in the opinion of the member or members of the
Commission affects the implementation of the objective of
this Convention.
3. Members of the Commission shall, individually or
collectively, request non-Contracting Parties to this
Convention whose vessels fish in the Convention Area to
become party to this Convention or to agree to cooperate
fully in the implementation of conservation and management
measures adopted by the Commission.
4. Members of the Commission, individually or jointly, shall
seek the cooperation of any non-Contracting Party that has
been identified as a relevant port State or market State to
ensure compliance with the objective of this Convention.

Article 33
RELATION TO OTHER AGREEMENTS
1. Nothing in this Convention shall prejudice the rights,
jurisdiction and duties of Contracting Parties under relevant
provisions of international law as reflected in the 1982
Convention or the 1995 Agreement.
2. This Convention shall not alter the rights and obligations of
Contracting Parties that arise from other agreements
compatible with this Convention and that do not affect the
enjoyment by other Contracting Parties of their rights or the
performance of their obligations under this Convention.

Article 34
SETTLEMENT OF DISPUTES
1. Contracting Parties shall cooperate in order to prevent
disputes and shall use their best endeavours to resolve any
disputes by amicable means which may include, where a dispute
is of a technical nature, referring the dispute to an ad hoc
expert panel.
2. In any case where a dispute is not resolved through the means
set out in paragraph 1, the provisions relating to the
settlement of disputes set out in Part VIII of the 1995
Agreement shall apply, mutatis mutandis, to any dispute
between the Contracting Parties.
3. Paragraph 2 shall not affect the status of any Contracting
Party in relation to the 1995 Agreement or the 1982
Convention.
Article 35
AMENDMENTS
1. The text of proposed amendments must be provided to the
Executive Secretary at least 90 days in advance of a
Commission meeting. The Executive Secretary shall promptly
circulate a copy of this text to all members of the
Commission.
2. Such proposals for amendment to this Convention shall be
adopted by the Commission by a three-fourths majority of the
Contracting Parties present and casting affirmative or
negative votes. Adopted amendments shall be transmitted by
the Depositary to all Contracting Parties without delay.
3. An amendment shall take effect for all Contracting Parties
one hundred and twenty days following the date of transmittal
specified in the notification by the Depositary of receipt of
written notification of approval by three-fourths of all
Contracting Parties unless any other Contracting Party
notifies the Depositary that it objects to the amendment
within ninety days of the date of transmittal specified in
the notification by the Depositary of such receipt, in which
case the amendment shall not take effect for any Contracting
Party. Any Contracting Party which has objected to an
amendment may at any time withdraw that objection. If all
objections to an amendment are withdrawn, the amendment shall
take effect for all Contracting Parties one hundred and
twenty days following the date of transmittal specified in
the notification by the Depositary of receipt of the last
withdrawal.
4. Any State, regional economic integration organisation, or
other entity referred to in Article 1 paragraph 2 (b) that
becomes a Contracting Party after the adoption of an
amendment in accordance with paragraph 2 shall be deemed to
be bound by the Convention as amended once that amendment has
entered into force in accordance with paragraph 3.
5. The Depositary shall promptly notify all Contracting Parties
of the receipt of notifications of approval of amendments,
the receipt of notifications of objection or withdrawal of
objections, and the entry into force of amendments.

Article 36
SIGNATURE, RATIFICATION, ACCEPTANCE AND APPROVAL
1. This Convention shall be open for signature by:
(a) States, the regional economic integration organisation and
the other entities referred to in Article 1, paragraph 2
(b), that participated in the International Consultations on
the Establishment of the South Pacific Regional Fisheries
Management Organisation; and
(b) any other State or any other entity referred to in Article
1, paragraph 2 (b), that has jurisdiction over waters
adjacent to the Convention Area;
and shall remain open for signature for 12 months from the
first day of February 2010.
2. This Convention is subject to ratification, acceptance or
approval by the signatories.
3. Instruments of ratification, acceptance or approval shall be
deposited with the Depositary.

Article 37
ACCESSION
1. This Convention shall be open for accession, after its
closure for signature, by any State, regional economic
integration organisation or other entity referred to in
Article 36 paragraph 1, and by any other State or any other
entity referred to in Article 1 paragraph 2 (b) having an
interest in fishery resources.
2. Instruments of accession shall be deposited with the
Depositary.

Article 38
ENTRY INTO FORCE
1. This Convention shall enter into force 30 days after the date
of receipt by the Depositary of the eighth instrument of
ratification, accession, acceptance or approval, which shall
include ratification, accession, acceptance or approval by:
(a) at least three coastal States adjacent to the Convention
Area, which must include representation from both the side
of the Convention Area that is east of Meridian 120 ° West
and the side of the Convention Area that is west of Meridian
120 ° West; and
(b) at least three States that are not coastal States adjacent
to the Convention Area and whose fishing vessels are fishing
in the Convention Area or have fished in the Convention
Area.
2. If within three years of its adoption, this Convention has
not entered into force in accordance with paragraph 1, it
shall enter into force six months after the deposit of the
tenth instrument of ratification, accession, acceptance or
approval, or in accordance with paragraph 1, whichever is the
earlier.
3. For each signatory which ratifies, accepts or approves this
Convention after its entry into force, this Convention shall
enter into force for that signatory 30 days after the deposit
of its instrument of ratification, acceptance or approval.
4. For each State or regional economic integration organisation
which accedes to this Convention after its entry into force,
this Convention shall enter into force for that State or
regional economic integration organisation 30 days after the
deposit of its instrument of accession.
5. For the purposes of this Article, “ fishing ” includes only
the activities described in Article 1 paragraph 1 (g) (i) and
(ii).

Article 39
THE DEPOSITARY
1. The Government of New Zealand shall be the Depositary of this
Convention and any amendments thereto. The Depositary shall
transmit certified copies of this Convention to all
signatories and shall register this Convention 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 and
Contracting Parties to this Convention of signatures and of
instruments of ratification, accession, acceptance or
approval deposited under Article 36 or 37 and of the date of
entry into force of the Convention and of any amendments
thereto.

Article 40
PARTICIPATION BY TERRITORIES
1. The Commission and its subsidiary bodies shall be open to
participation, with the appropriate authorisation of the
Contracting Party having responsibility for its international
affairs, to territories in the region that have an interest
in fishery resources.
2. The nature and extent of participation by territories shall
be provided for by the Contracting Parties in separate rules
of procedure of the Commission, taking into account
international law, the distribution of competence on matters
covered by this Convention and the evolution in the capacity
of such territory to exercise rights and responsibilities
under this Convention. These rules of procedure shall provide
territories with the right to participate fully in the work
of the Commission and its subsidiary bodies, except for the
right to vote or block consensus on decisions, advice or
recommendations.
3. Notwithstanding paragraph 2, all such territories shall be
entitled to be present and to speak at the meetings of the
Commission and its subsidiary bodies. In the performance of
its functions, and in taking decisions, the Commission shall
take into account the interests of all participants.

Article 41
WITHDRAWAL
1. A Contracting Party may, by written notification addressed to
the Depositary, withdraw from this Convention and may
indicate its reasons. Failure to indicate reasons shall not
affect the validity of the withdrawal. The withdrawal shall
take effect 1 year after the date of receipt of the
notification, unless the notification specifies a later date.
2. Withdrawal from this Convention by a Contracting Party shall
not affect the financial obligations of such Contracting
Party incurred prior to its withdrawal becoming effective.
3. Withdrawal from this Convention by a Contracting Party shall
not in any way affect the duty of such Contracting Party to
fulfil any obligation embodied in this Convention to which it
would be subject under international law independently of
this Convention.

Article 42
TERMINATION
This Convention shall be automatically terminated if and when,
as the result of withdrawals, the number of Contracting Parties
drops below 4.

Article 43
RESERVATIONS
No reservations or exceptions may be made to this Convention.

Article 44
DECLARATIONS AND STATEMENTS
Article 43 does not preclude a State, regional economic
integration organisation or entity referred to in Article 1
paragraph 2 (b), when signing, ratifying or acceding to this
Convention, from making declarations or statements, however
phrased or named, with a view, inter alia, to the harmonisation
of its laws and regulations with the provisions of this
Convention, provided that such declarations or statements do not
purport to exclude or to modify the legal effect of the
provisions of this Convention in their application to that
State, regional economic integration organisation or entity.

Article 45
ANNEXES
The Annexes form an integral part of this Convention and, unless
expressly provided otherwise, a reference to this Convention
includes a reference to the Annexes relating thereto.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, having
been duly authorized by their respective Governments, have
signed this Convention.
DONE at Auckland the fourteenth day of November, two thousand
and nine, in a single original.
OPENED FOR SIGNATURE at Wellington this first day of February,
two thousand and ten.