The CONTRACTING PARTIES,

Committed to ensuring the long-term conservation and sustainable
use of fisheries resources in the North Pacific Ocean and in so
doing safeguarding the marine ecosystems in which these
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 Organization of the United Nations (
“ FAO ” )at its 28th session on 31 October 1995 as well as the
International Guidelines for the Management of Deep-Sea
Fisheries in the High Seas adopted by FAO on 29 August 2008;

Noting the call from the United Nations General Assembly in its
resolutions 61/105 and 64/72 to take steps to protect vulnerable
marine ecosystems and associated species from significant
adverse impacts of destructive fishing practices and its
resolution 60/31 encouraging States, as appropriate, to
recognize that the general principles 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 of 4 December 1995 should also
apply to discrete fish stocks in the high seas;

Recognizing the necessity to collect scientific data in order to
understand the marine biodiversity and ecology in the region and
to assess the impacts of fisheries on marine species and
vulnerable marine ecosystems;

Conscious of the need to avoid adverse impacts on the marine
environment, to preserve biodiversity, to maintain the integrity
of marine ecosystems, and to minimize the risk of long-term or
irreversible effects of fishing operations;

Concerned about possible adverse impacts of unregulated bottom
fishing activities on marine species and vulnerable marine
ecosystems on the high seas of the North Pacific Ocean;

Further committed to conducting responsible fishing activities
and to cooperating effectively to prevent, deter and eliminate
illegal, unreported and unregulated fishing (“ IUU fishing ” )
activities and the adverse impacts that they have on the state
of the world ’ s fisheries resources and the ecosystems in
which they occur;

HAVE AGREED as follows:

Article 1
Use of Terms
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) “ Bottom fishing ” means fishing activities where the
fishing gear is likely to contact the seafloor during the
normal course of fishing operations;
(d) “ Consensus ” means the absence of any formal objection
made at the time the decision is taken;
(e) “ Contracting Party ” means any State or regional economic
integration organization that has consented to be bound by
this Convention and for which the Convention is in force;
(f) “ Convention Area ” means the area to which this
Convention applies, as prescribed in Article 4, paragraph 1;
(g) “ FAO International Guidelines ” means the International
Guidelines for the Management of Deep-Sea Fisheries in the
High Seas adopted by FAO on 29 August 2008, as may be
modified from time to time;
(h) “ Fisheries resources ” means all fish, mollusks,
crustaceans and other marine species caught by fishing
vessels within the Convention Area, excluding:
(i) sedentary species insofar as they are subject to the
sovereign rights of coastal States consistent with Article
77, paragraph 4 of the 1982 Convention and indicator
species of vulnerable marine ecosystems as listed in, or
adopted pursuant to, Article 13, paragraph 5 of this
Convention;
(ii) catadromous species;
(iii) marine mammals, marine reptiles and seabirds; and
(iv) other marine species already covered by pre-existing
international fisheries management instruments within the
area of competence of such instruments;
(i) “Fishing activities” means:
(i) the actual or attempted searching for, catching, taking or
harvesting of fisheries resources;
(ii) engaging in any activity that can reasonably be expected
to result in locating, catching, taking or harvesting of
these resources for any purpose;
(iii) the processing of these resources at sea and the
transshipping of these resources at sea or in port; and
(iv) any operation at sea in direct support of, or in
preparation for, any activity described in subparagraphs
(i) to (iii) above, except for any operation related to
emergencies involving the health and safety of crew
members or the safety of fishing vessels;
(j) “ Fishing vessel ” means any vessel used or intended for
use for the purpose of engaging in fishing activities,
including fish processing vessels, support ships, carrier
vessels and any other vessel directly engaged in such
fishing activities;
(k) “ IUU fishing ” refers to the activities as set out in
paragraph 3 of the 2001 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;
(l) “ Precautionary approach ” means the precautionary
approach as specified in Article 6 of the 1995 Agreement;
(m) “ Regional economic integration organization ” means a
regional economic integration organization 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; and
(n) “ Transshipment ” means the unloading of any fisheries
resources or products of fisheries resources taken in the
Convention Area from one fishing vessel to another fishing
vessel either at sea or in port.

Article 2
Objective
The objective of this Convention is to ensure the long-term
conservation and sustainable use of the fisheries resources in
the Convention Area while protecting the marine ecosystems of
the North Pacific Ocean in which these resources occur.

Article 3
General Principles
In giving effect to the objective of this Convention, the
following actions shall be taken individually or collectively as
appropriate:
(a) promoting the optimum utilization and ensuring the long-term
sustainability of fisheries resources;
(b) adopting measures, based on the best scientific information
available, to ensure that fisheries resources are maintained
at or restored to levels capable of producing maximum
sustainable yield, taking into account fishing patterns, the
interdependence of stocks and any generally recommended
international minimum standards, whether subregional,
regional or global;
(c) adopting and implementing measures in accordance with the
precautionary approach and an ecosystem approach to
fisheries, and in accordance with the relevant rules of
international law, in particular as reflected in the 1982
Convention, the 1995 Agreement and other relevant
international instruments;
(d) assessing the impacts of fishing activities on species
belonging to the same ecosystem or dependent upon or
associated with the target stocks and adopting, where
necessary, conservation and management measures for such
species with a view to maintaining or restoring the
populations of such species above levels at which their
reproduction may become seriously threatened;
(e) protecting biodiversity in the marine environment, including
by preventing significant adverse impacts on vulnerable
marine ecosystems, taking into account any relevant
international standards or guidelines including the FAO
International Guidelines;
(f) preventing or eliminating overfishing and excess fishing
capacity, and ensuring that levels of fishing effort or
harvest levels are based on the best scientific information
available and do not exceed those commensurate with the
sustainable use of the fisheries resources;
(g) ensuring that complete and accurate data concerning fishing
activities, including with respect to all target and
non-target species within the Convention Area, are collected
and shared in a timely and appropriate manner;
(h) ensuring that any expansion of fishing effort, development
of new or exploratory fisheries, or change in the gear used
for existing fisheries, does not proceed without prior
assessment of the impacts of those fishing activities on the
long-term sustainability of fisheries resources and a
determination that those activities would not have
significant adverse impacts on vulnerable marine ecosystems,
or ensuring that those activities are managed to prevent
those impacts or are not authorized to proceed;
(i) ensuring, in accordance with Article 7 of the 1995
Agreement, that conservation and management measures
established for straddling fish stocks on the high seas and
those adopted for areas under national jurisdiction are
compatible in order to ensure conservation and management of
these fisheries resources in their entirety;
(j) ensuring compliance with conservation and management
measures and that sanctions applicable in respect of
violations are adequate in severity to be effective in
securing compliance, to discourage violations wherever they
occur and to deprive offenders of the benefits accruing from
their illegal activities;
(k) minimizing pollution and waste originating from fishing
vessels, discards, catch by lost or abandoned gear, and
impacts on other species and marine ecosystems through
measures including, to the extent practicable, the
development and use of selective, environmentally safe, and
cost-effective fishing gear and techniques; and
(l) applying this Convention in a fair, transparent and
non-discriminatory manner, consistent with international
law.

Article 4
Area of Application
1. This Convention applies to the waters of the high seas area
of the North Pacific Ocean, excluding the high seas areas of
the Bering Sea and other high seas areas that are surrounded
by the exclusive economic zone of a single State. The area of
application is bounded to the south by a continuous line
beginning at the seaward limit of waters under the
jurisdiction of the United States of America around the
Commonwealth of the Northern Mariana Islands at twenty (20)
degrees North latitude, then proceeding East and connecting
the following coordinates:
‧20°00’00”N, 180°00’00”E/W;
‧10°00’00”N, 180°00’00”E/W;
‧10°00’00”N, 140°00’00”W;
‧20°00’00”N, 140°00’00”W; and
‧Thence East to the seaward limit of waters under the
fisheries jurisdiction of Mexico.
2. Nothing in this Convention, nor any act or activity carried
out in pursuance of this Convention, shall constitute
recognition of the claims or positions of any Contracting
Party concerning the legal status and extent of waters and
zones claimed by any such Contracting Party.

Article 5
Establishment of the Commission
1. The North Pacific Fisheries Commission (“ Commission ” )is
hereby established. The Commission shall function in
accordance with the provisions of this Convention. Each
Contracting Party shall be a member of the Commission.
2. A fishing entity referred to in the Convention may
participate in the work of the Commission in accordance with
the Annex. The participation of a fishing entity in the work
of the Commission shall not constitute a deviation from
accepted application of international law, including the 1982
Convention.
3. The Commission shall hold a regular meeting at least once
every two years at a time and location to be decided by the
Commission and may hold such other meetings as may be
necessary to carry out its functions under this Convention.
4. Any member of the Commission may request a meeting of the
Commission, which shall be convened with the consent of a
majority of the members of the Commission. The Chairperson
shall then convene such a meeting in a timely fashion at such
time and place as the Chairperson may determine in
consultation with the members of the Commission.
5. The Commission shall elect a Chairperson and a
vice-Chairperson from among the representatives of
Contracting Parties, who shall each be from a different
Contracting Party. They shall be elected for a period of two
years and shall be eligible for reelection, but shall not
serve for more than four years in succession in the same
capacity. The Chairperson and the vice-Chairperson shall
remain in office until the election of their successors.
6. The Commission shall apply the principle of
cost-effectiveness to the frequency, duration and scheduling
of meetings of the Commission and its subsidiary bodies.
7. The Commission shall have international legal personality and
such legal capacity as may be necessary to perform its
functions and achieve its objectives. The privileges and
immunities that the Commission and its officers shall enjoy
in the territory of a Contracting Party shall be determined
by agreement between the Commission and the Contracting Party
concerned.
8. All meetings of the Commission and subsidiary bodies shall be
open to participation by accredited observers in accordance
with Rules of Procedure that the Commission shall adopt.
Related documents shall be made publicly available in
accordance with such Rules of Procedure.
9. The Commission may establish a permanent Secretariat
consisting of an Executive Secretary and other such staff as
the Commission may require and/or enter into contractual
arrangements with the Secretariat of an existing organization
for the provision of services. Any Executive Secretary shall
be appointed with the approval of the Contracting Parties.

Article 6
Subsidiary Bodies
1. A Scientific Committee and a Technical and Compliance
Committee are hereby established. The Commission may
establish by consensus any other subsidiary bodies from time
to time to assist in meeting the objective of this
Convention.
2. Each subsidiary body shall, after each meeting, provide a
report on its work to the Commission that includes, where
appropriate, advice and recommendations to the Commission.
3. Subsidiary bodies may establish working groups and may seek
external advice in accordance with any guidance provided by
the Commission.
4. Subsidiary bodies shall be responsible to the Commission and
shall operate under the Rules of Procedure of the Commission,
unless the Commission decides otherwise.

Article 7
Functions of the Commission
1. The Commission shall, in accordance with the principles set
out in Article 3 and based on the best scientific information
available and the advice of the Scientific Committee:
(a) adopt conservation and management measures to ensure the
long-term sustainability of the fisheries resources within
the Convention Area, including the total allowable catch or
total allowable level of fishing effort for those fisheries
resources as the Commission may decide;
(b) ensure that levels of total allowable catch or total
allowable level of fishing effort are in accordance with the
advice and recommendations of the Scientific Committee;
(c) adopt, where necessary, conservation and management measures
for species belonging to the same ecosystem or dependent
upon or associated with the target stocks;
(d) adopt, where necessary, management strategies for any
fisheries resources and for species belonging to the same
ecosystem or dependent upon or associated with the target
stocks, as may be necessary to achieve the objective of this
Convention;
(e) adopt conservation and management measures to prevent
significant adverse impacts on vulnerable marine ecosystems
in the Convention Area, including but not limited to:
(i) measures for conducting and reviewing impact assessments
to determine if fishing activities would produce such
impacts on such ecosystems in a given area;
(ii) measures to address unexpected encounters with vulnerable
marine ecosystems in the course of normal bottom fishing
activities; and
(iii) as appropriate, measures that specify locations in which
fishing activities shall not occur;
(f) determine the nature and extent of participation in existing
fisheries, including through the allocation of fishing
opportunities;
(g) establish by consensus the terms and conditions for any new
fisheries in the Convention Area and the nature and extent
of participation in such fisheries, including through the
allocation of fishing opportunities; and
(h) agree on means by which the fishing interests of new
Contracting Parties may be accommodated in a manner
consistent with the need to ensure the long-term
sustainability of the fisheries resources covered by this
Convention.
2. The Commission shall adopt measures to ensure effective
monitoring, control and surveillance, as well as compliance
with and enforcement of the provisions of this Convention and
measures adopted pursuant to this Convention. To this end,
the Commission shall:
(a) establish procedures for the regulation and monitoring of
transshipment of fisheries resources and products of
fisheries resources taken in the Convention Area, including
notification to the Commission of the location and quantity
of any transshipment;
(b) develop and implement a North Pacific Ocean Fisheries
Observer Program (“ Observer Program ” ), taking into
account relevant international standards and guidelines;
(c) establish procedures for the boarding and inspection of
fishing vessels in the Convention Area;
(d) establish appropriate cooperative mechanisms for effective
monitoring, control and surveillance to ensure enforcement
of the conservation and management measures adopted by the
Commission including mechanisms to prevent, deter and
eliminate IUU fishing;
(e) develop standards, specifications and procedures for members
of the Commission to report movements and activities using
real-time satellite position-fixing transmitters for vessels
engaged in fishing activities in the Convention Area and, in
accordance with those procedures, coordinate timely
dissemination of data collected from members ’ satellite
vessel monitoring systems;
(f) establish procedures by which entry into and exit from the
Convention Area of fishing vessels catching or planning to
catch fisheries resources in the Convention Area are
notified to the Commission in a timely manner;
(g) establish, where appropriate, non-discriminatory
market-related measures consistent with international law to
prevent, deter and eliminate IUU fishing; and
(h) establish procedures for reviewing compliance with the
provisions of this Convention and measures adopted pursuant
to this Convention.
3. The Commission shall:
(a) adopt and/or amend as necessary, by consensus, the rules for
the conduct of its meetings and for the exercise of its
functions, including Rules of Procedure, Financial
Regulations and other regulations;
(b) adopt a plan of work and terms of reference for the
Scientific Committee, for the Technical and Compliance
Committee and, as necessary, for other subsidiary bodies;
(c) refer to the Scientific Committee any question pertaining to
the scientific basis for the decisions the Commission may
need to take concerning conserving and managing fisheries
resources and species belonging to the same ecosystem or
dependent upon or associated with the target stocks and
assessing and addressing the impacts of fishing activities
on vulnerable marine ecosystems;
(d) establish the terms and conditions for any experimental,
scientific, and exploratory fishing activities in the
Convention Area and determine the scope of any cooperative
scientific research on fisheries resources, vulnerable
marine ecosystems, and species belonging to the same
ecosystem or dependent upon or associated with the target
stocks;
(e) adopt and amend from time to time a list of indicator
species for vulnerable marine ecosystems for which directed
fishing shall be prohibited;
(f) direct the external relations of the Commission; and
(g) perform such other functions and carry out such other
activities as may be necessary to promote the objective of
this Convention.

Article 8
Decision-Making
1. As a general rule, the Commission shall make its decisions by
consensus.
2. Except where this Convention expressly provides that a
decision shall be taken by consensus, if the Chairperson
considers that all efforts to reach consensus have been
exhausted:
(a) decisions of the Commission on questions of procedure shall
be taken by a majority of members of the Commission casting
affirmative or negative votes; and
(b) decisions on questions of substance shall be taken by a
three-quarters majority of 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.
4. No decisions shall be taken unless there is a quorum of
two-thirds of the members of the Commission present at the
time the decision is to be taken.

Article 9
Implementation of Commission Decisions
1. Binding decisions by the Commission shall take effect in the
following manner:
(a) the Chairperson of the Commission shall notify promptly in
writing all members of the Commission of such a decision
following its adoption by the Commission;
(b) the decision shall become binding upon all members of the
Commission ninety (90) days after the date of transmittal
specified in the Chairperson ’ s notification of the
adoption of the decision by the Commission, pursuant to
subparagraph (a) above, unless otherwise specified in the
decision;
(c) a member of the Commission may object to a decision solely
on the grounds that the decision is inconsistent with the
provisions of this Convention, the 1982 Convention or the
1995 Agreement, or that the decision unjustifiably
discriminates in form or in fact against the objecting
member;
(d) if a member of the Commission presents an objection, it
shall so notify the Chairperson of the Commission in writing
at least two weeks in advance of the date that the decision
becomes binding in accordance with subparagraph (b) above;
in this case, the decision shall not, to the extent stated,
be binding upon that member; however, the decision shall
remain binding on all other members unless the Commission
decides otherwise;
(e) any member of the Commission that makes a notification under
subparagraph (d) above shall specify whether the decision is
inconsistent with the provisions of this Convention, the
1982 Convention or the 1995 Agreement, or unjustifiably
discriminates in form or in fact against that member and, at
the same time, provide a written explanation of the grounds
for its position. The member must also adopt and implement
alternative measures that are equivalent in effect to the
decision to which it has objected and that have the same
date of application;
(f) the Chairperson shall promptly circulate to all members of
the Commission details of any notification and explanation
received in accordance with subparagraphs (d) and (e) above;
(g) in the event that any member of the Commission invokes the
procedure set out in subparagraphs (d) and (e) above, a
Commission meeting shall take place at the request of any
other member to review the decision to which the objection
has been presented. The Commission shall, at its expense,
invite to that meeting two or more experts who are nationals
of non-members of the Commission and who have sufficient
knowledge of international law related to fisheries and of
the operation of regional fisheries management organizations
to provide advice to the Commission on the matter in
question. The selection and activities of these experts
shall be in accordance with procedures to be adopted by the
Commission;
(h) the Commission meeting shall consider whether the grounds
specified for the objection presented by the member of the
Commission are justified and whether the alternative
measures adopted are equivalent in effect to the decision to
which the objection has been presented;
(i) if the Commission finds that the decision to which objection
has been presented does not discriminate in form or fact
against the objecting member of the Commission and is not
inconsistent with this Convention, the 1982 Convention or
the 1995 Agreement, but that the alternative measures are
equivalent in effect to the decision by the Commission and
should be accepted as such by the Commission, the
alternative measures shall be binding on the objecting
member in substitution for the decision to which the
objection has been presented; and
(j) if the Commission finds that the decision to which objection
has been presented does not discriminate in form or in fact
against the objecting member and is not inconsistent with
this Convention, the 1982 Convention or the 1995 Agreement,
but that the alternative measures are not equivalent in
effect to the decision to which it has objected, the
objecting member may:
(i) present different alternative measures to be considered by
the Commission;
(ii) within forty-five (45) days implement the original
decision to which it had presented an objection; or
(iii) institute dispute settlement proceedings pursuant to
Article 19 or paragraph 4 of the Annex.
2. Any member of the Commission that invokes the right of
objection set out in paragraph 1 may at any time withdraw its
notification of objection and become bound by the decision
immediately if it is already in effect or at such time as it
may come into effect under this Article.

Article 10
Scientific Committee
1. The Scientific Committee shall provide scientific advice and
recommendations in accordance with the terms of reference for
the Committee to be adopted at the first regular meeting of
the Commission and as may be amended from time to time.
2. The Scientific Committee shall meet, unless the Commission
otherwise decides, at least once every two years, and prior
to the regular meeting of the Commission.
3. The Scientific Committee shall make every effort to adopt its
reports by consensus. If every effort to achieve consensus
has failed, the report shall indicate the majority and
minority views and may include the differing views of the
representatives of the members on all or any part of the
report.
4. The functions of the Scientific Committee shall be to:
(a) recommend to the Commission a research plan, including
specific issues and items to be addressed by the scientific
experts or by other organizations or individuals, as
appropriate, and identify data needs and coordinate
activities that meet those needs;
(b) regularly plan, conduct and review the scientific
assessments of the status of fisheries resources in the
Convention Area, identify actions required for their
conservation and management, and provide advice and
recommendations to the Commission;
(c) collect, analyze and disseminate relevant information;
(d) assess the impacts of fishing activities on fisheries
resources and species belonging to the same ecosystem or
dependent upon or associated with the target stocks;
(e) develop a process to identify vulnerable marine ecosystems,
including relevant criteria for doing so, and identify,
based on the best scientific information available, areas or
features where these ecosystems are known to occur, or are
likely to occur, and the location of bottom fisheries in
relation to these areas or features, taking due account of
the need to protect confidential information;
(f) identify and advise the Commission on additional indicator
species for vulnerable marine ecosystems for which directed
fishing shall be prohibited;
(g) establish science-based standards and criteria to determine
if bottom fishing activities are likely to produce
significant adverse impacts on vulnerable marine ecosystems
or marine species in a given area based on international
standards such as the FAO International Guidelines and make
recommendation for measures to avoid such impacts;
(h) review any assessments, determinations and management
measures and make any necessary recommendation in order to
attain the objective of this Convention;
(i) develop rules and standards, for adoption by the Commission,
for the collection, verification, reporting, and the
security of, exchange of, access to and dissemination of
data on fisheries resources, species belonging to the same
ecosystem, or dependent upon or associated with the target
stocks and fishing activities in the Convention Area;
(j) to the extent practicable, provide analysis to the
Commission of alternative conservation and management
measures that estimates the extent to which each alternative
would achieve the objectives of any management strategy
adopted or under consideration by the Commission; and
(k) provide such other scientific advice to the Commission as it
considers appropriate or as may be required by the
Commission.
5. The Scientific Committee may exchange information on matters
of mutual interest with other relevant scientific
organizations or arrangements in accordance with the rules
and standards adopted by the Commission pursuant to
subparagraph 4(i) above and Article 21.
6. The Scientific Committee shall not duplicate the activities
of other scientific organizations and arrangements that cover
the Convention Area.

Article 11
Technical and Compliance Committee
1. The functions of the Technical and Compliance Committee shall
be to:
(a) monitor and review compliance with conservation and
management measures adopted by the Commission and make
recommendations to the Commission as may be necessary; and
(b) review the implementation of cooperative measures for
monitoring, control, surveillance and enforcement adopted by
the Commission and make recommendations to the Commission as
may be necessary.
2. The Commission shall decide when the Technical and Compliance
Committee shall hold its initial meeting. Thereafter, the
Technical and Compliance Committee shall meet, unless the
Commission otherwise decides, at least once every two years,
and prior to the regular meeting of the Commission.
3. The Technical and Compliance Committee shall make every
effort to adopt its reports by consensus. If every effort to
achieve consensus has failed, the report shall indicate the
majority and minority views and may include the differing
views of the representatives of the members on all or any
part of the report.
4. In carrying out its functions, the Technical and Compliance
Committee shall:
(a) provide a forum for exchange of information concerning the
means by which members of the Commission are implementing
the conservation and management measures adopted by the
Commission in the Convention Area and complementary measures
in adjacent waters as appropriate;
(b) provide a forum for the exchange of information on
enforcement, including enforcement efforts, strategies and
plans;
(c) receive reports from each member of the Commission relating
to measures that the member has taken to monitor,
investigate and penalize violations of provisions of this
Convention and measures adopted pursuant to this Convention;
(d) report to the Commission its findings or conclusions on the
extent of compliance with conservation and management
measures;
(e) make recommendations to the Commission on matters relating
to monitoring, control, surveillance and enforcement;
(f) develop rules and procedures governing the use of data and
other information for monitoring, control and surveillance
purposes; and
(g) consider and/or investigate any other matters as may be
referred to it by the Commission.
5. The Technical and Compliance Committee shall exercise its
functions in accordance with the procedures and guidelines as
the Commission may adopt from time to time.

Article 12
Budget
1. Each member of the Commission shall meet its own expenses
arising from attendance at meetings of the Commission and of
its subsidiary bodies.
2. At each regular meeting, the Commission shall, by consensus,
adopt an annual budget for each of the next two years. The
Executive Secretary shall transmit draft budgets for each of
those years to the members together with a schedule of
contributions not later than sixty (60) days before the
regular meeting of the Commission at which those budgets are
to be considered. In the event that the Commission cannot
reach consensus on the adoption of an annual budget for any
given year, the Commission budget for the previous year shall
carry forward for that year.
3. The budget shall be divided among members of the Commission
in accordance with a formula to be adopted, by consensus, by
the Commission. A member of the Commission that has become a
member during the course of a financial year shall contribute
to the budget an amount proportional to the number of
complete months remaining in the year calculated from the day
it became a member.
4. The Executive Secretary shall notify each member of the
Commission of the amount of its contribution. Contributions
shall be paid not later than four months after the date of
this notification, in the currency of the State in which the
Secretariat of the Commission is located. A member of the
Commission that cannot meet the deadline shall explain to the
Commission the reason it is unable to do so.
5. A member of the Commission that has not paid its
contributions in full for two consecutive years shall not be
entitled to participate in the making of decisions by the
Commission, nor may it present objections to any decisions
taken by the Commission, until it has discharged its
financial obligations to the Commission.
6. The financial affairs of the Commission shall be audited
annually by external auditors to be selected by the
Commission.

Article 13
Flag State Duties
1. Each Contracting Party shall take such measures as may be
necessary to ensure that fishing vessels entitled to fly its
flag:
(a) operating in the Convention Area comply with the provisions
of this Convention and measures adopted pursuant to this
Convention and that such vessels do not engage in any
activities that undermine the effectiveness of such
measures; and
(b) do not conduct unauthorized fishing activities within areas
under the national jurisdiction of another State adjacent to
the Convention Area.
2. No Contracting Party shall allow any fishing vessel entitled
to fly its flag to be used for fishing activities in the
Convention Area unless it has been authorized to do so by the
appropriate authority or authorities of that Contracting
Party. Each Contracting Party shall authorize the use of
vessels entitled to fly its flag for fishing activities in
the Convention Area only where it is able to exercise
effectively its responsibilities in respect of those vessels
under this Convention, the 1982 Convention and the 1995
Agreement.
3. Each Contracting Party shall ensure that fishing activities
by fishing vessels entitled to fly its flag undertaken in
violation of the provisions of this Convention, as well as
measures adopted pursuant to this Convention and the
authorization in paragraph 2, constitute a violation under
its legal framework.
4. Each Contracting Party shall require fishing vessels that are
entitled to fly its flag and that are engaged in fishing
activities in the Convention Area:
(a) to use real-time satellite position-fixing transmitters
while in the Convention Area in accordance with procedures
developed pursuant to Article 7, subparagraph 2(e);
(b) to notify the Commission of their intention to enter and
exit the Convention Area in accordance with procedures
developed pursuant to Article 7, subparagraph 2(f); and
(c) to notify the Commission of the location of any
transshipment of fisheries resources and products of
fisheries resources taken in the Convention Area, pending
the adoption by the Commission of procedures for the
regulation and monitoring of transshipments pursuant to
Article 7, subparagraph 2(a).
5. Each Contracting Party shall prohibit vessels entitled to fly
its flag from engaging in directed fishing on the following
orders: Alcyonacea, Antipatharia, Gorgonacea, and
Scleractinia, as well as any other indicator species for
vulnerable marine ecosystems as may be identified from time
to time by the Scientific Committee and adopted by the
Commission.
6. Each Contracting Party shall place observers on board fishing
vessels entitled to fly its flag operating in the Convention
Area in accordance with the Observer Program which shall be
established in accordance with Article 7, subparagraph 2(b).
Fishing vessels engaged in bottom fishing in the Convention
Area shall have one hundred (100) percent coverage under the
Observer Program. Fishing vessels engaged in other types of
fishing activities in the Convention Area shall have a level
of observer coverage as the Commission may decide.
7. Each Contacting Party shall ensure that fishing vessels
entitled to fly its flag accept boarding by duly authorized
inspectors in accordance with procedures for the boarding and
inspection of fishing vessels in the Convention Area adopted
by the Commission pursuant to Article 7, subparagraph 2(c).
Duly authorized inspectors shall comply with these
procedures.
8. For the purpose of the effective implementation of this
Convention, each Contracting Party shall:
(a) maintain a record of fishing vessels entitled to fly its
flag and authorized to be used for fishing activities in the
Convention Area in accordance with the information
requirements, rules, standards, and procedures adopted by
the Commission;
(b) provide annually to the Commission, in accordance with the
procedures which shall be established by the Commission,
information, as decided by the Commission, with respect to
each fishing vessel entered in the record required to be
maintained under this paragraph and shall promptly notify
the Commission of any modifications to this information; and
(c) provide to the Commission, as part of the annual report
required pursuant to Article 16, the names of the fishing
vessels entered in the record that conducted fishing
activities during the previous calendar year.
9. Each Contracting Party shall also promptly inform the
Commission of:
(a) any additions to the record; and
(b) any deletions from the record, specifying which of the
following reasons is applicable:
(i) the voluntary relinquishment of the fishing authorization
by the fishing vessel owner or operator;
(ii) the withdrawal or non-renewal of the fishing
authorization issued in respect of the fishing vessel
under paragraph 2;
(iii) the fact that the fishing vessel concerned is no longer
entitled to fly its flag;
(iv) the scrapping, decommissioning or loss of the fishing
vessel concerned; or
(v) any other grounds, with a specific explanation provided.
10. The Commission shall maintain its own record of fishing
vessels, based on the information provided to it pursuant to
paragraphs 8 and 9. The Commission shall make this record
publicly available through agreed means, taking due account
of the need to protect the confidentiality of personal
information, consistent with the domestic practice of each
Contracting Party. The Commission shall also provide to any
Contracting Party, upon request, information about any
vessel entered on the Commission record that is not
otherwise publicly available.
11. Any Contracting Party that does not submit the data and
information required under Article 16, paragraph 3 in
respect of any year in which fishing occurred in the
Convention Area by fishing vessels entitled to fly its flag
shall not participate in the relevant fisheries until that
data and information have been provided. The Rules of
Procedure to be adopted by the Commission shall further
guide the implementation of this paragraph.

Article 14
Port State Duties
1. A 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.
2. Each Contracting Party shall:
(a) give effect to port State measures adopted by the Commission
in relation to the entry and use of its ports by fishing
vessels that have engaged in fishing activities in the
Convention Area including, inter alia, with respect to
landing and transshipment of fisheries 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 practicable
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 the Contracting Party
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 Contracting Party 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 organizations. The Contracting
Party 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 shall be construed to affect the
exercise by Contracting Parties of their sovereignty over
ports in their territory in accordance with international
law, including their right to deny entry to ports in their
territory as well as to adopt more stringent port State
measures than those adopted by the Commission pursuant to
this Convention.

Article 15
Duties of Fishing Entities
Article 13 and Article 14, paragraphs 2 and 3 apply mutatis
mutandis to any fishing entity that has expressed its firm
commitment in accordance with the Annex.

Article 16
Data Collection, Compilation and Exchange
1. The Commission shall, taking full account of Annex I of the
1995 Agreement as well as relevant provisions of Articles 10
and 11, 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
for ensuring that the provision of the best scientific
advice is enabled;
(c) the exchange of data among members of the Commission, and
with other regional fisheries management organizations and
arrangements, and other relevant organizations including
data concerning vessels engaged in IUU fishing and, as
appropriate, concerning the beneficial ownership of those
vessels, with a view to consolidating that information into
a centralized format for dissemination as appropriate;
(d) the facilitation of coordinated documentation and
data-sharing between regional fisheries management
organizations and arrangements, including procedures to
exchange data on vessel registers, and market-related
measures where applicable; and
(e) regular audits of Commission member compliance with data
collection and exchange requirements, and for addressing any
non-compliance identified in such audits.
2. The Commission shall ensure that data are publicly available
concerning the number of fishing vessels operating in the
Convention Area, the status of fisheries resources managed
under this Convention, fisheries resources assessments,
research programs in the Convention Area, and cooperative
initiatives with regional and global organizations.
3. The Commission shall establish the format of an annual report
to be submitted by each member of the Commission. Each member
of the Commission shall submit without delay to the
Commission its annual report in accordance with this format.
The annual report shall include a description of how the
member of the Commission has implemented the conservation and
management measures and monitoring, control and surveillance
and enforcement procedures adopted by the Commission,
including the outcome of any actions the member has taken in
respect of Article 17, as well as information on any
additional topics as the Commission may decide.
4. The Commission shall establish rules to ensure the security
of, access to and dissemination of data, including data
reported via real-time satellite position-fixing
transmitters, while maintaining confidentiality where
appropriate and taking due account of the domestic practices
of members of the Commission.

Article 17
Compliance and Enforcement
1. Each member of the Commission shall enforce the provisions of
this Convention and any relevant decisions of the Commission.
2. Each member of the Commission shall, either on its own
initiative or at the request of any other member of the
Commission and when provided with the relevant information,
investigate fully any allegation that fishing vessels
entitled to fly its flag have violated any of the provisions
of this Convention or any conservation and management measure
adopted by the Commission.
3. Where sufficient information is available in respect of an
alleged violation of the provisions of this Convention or of
measures adopted pursuant to this Convention by a fishing
vessel entitled to fly its flag:
(a) the member of the Commission shall be notified promptly of
the alleged violation; and
(b) the member of the Commission shall take appropriate actions
in accordance with its laws and regulations, including
instituting proceedings without delay and, where
appropriate, detain the vessel concerned.
4. Where it has been established, in accordance with the laws of
a member of the Commission, that a fishing vessel entitled to
fly the flag of that member 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, that member of the Commission
shall order the fishing vessel to cease operations and, in
appropriate cases, shall order the fishing vessel to leave
the Convention Area immediately. The member of the Commission
shall ensure that the vessel concerned does not engage in
fishing activities in the Convention Area for fisheries
resources until such time as all outstanding sanctions
imposed by that member in respect of the violation have been
complied with.
5. For the purposes of this Article, a serious violation shall
include any of the violations specified in Article 21,
subparagraphs 11 (a) to (h) of the 1995 Agreement and such
other violations as may be determined by the Commission.
6. If, within three (3) years of the entry into force of this
Convention, the Commission is not able to agree on procedures
for boarding and inspection of fishing vessels in the
Convention Area, Articles 21 and 22 of the 1995 Agreement
shall be applied as if they were part of this Convention.
Boarding and inspection of fishing vessels in the Convention
Area, as well as any subsequent enforcement action, shall be
conducted in accordance with the procedures set out in those
Articles and any such additional practical procedures decided
by the Commission.
7. Without prejudice to the primacy of the responsibility of the
flag State, each member of the Commission, in accordance with
its laws, shall:
(a) to the greatest extent possible, take measures and cooperate
to ensure compliance by its nationals, and 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
(b) either on its own initiative or at the request of any other
member of the Commission and when provided with the relevant
information, promptly investigate any alleged violation by
its nationals, or fishing vessels owned, operated or
controlled by its nationals, of the provisions of this
Convention or any conservation and management measures
adopted by the Commission.
8. All investigations and judicial proceedings shall be carried
out expeditiously. Sanctions provided for in the relevant
laws and regulations of the members of the Commission shall
be adequate in severity to be effective in securing
compliance and to discourage violations wherever they occur,
and shall deprive offenders of the benefits accruing from
their illegal activities.
9. A report on the progress of any investigation conducted
pursuant to paragraphs 2, 3, 4 or 7, including details of any
action taken or proposed to be taken in relation to the
alleged violation, shall be provided to the member of the
Commission making the request and to the Commission as soon
as practicable and in any case within two months of the
request. A report on the outcome of the investigation shall
be provided to the member of the Commission making the
request and to the Commission when the investigation is
completed.
10. The provisions of this Article are without prejudice to:
(a) the rights of any of the members of the Commission in
accordance with their laws and regulations relating to
fisheries; and
(b) the rights of any of the Contracting Parties in relation to
any provision relating to compliance and enforcement
contained in any relevant bilateral or multilateral
agreement not inconsistent with the provisions of this
Convention, the 1982 Convention or the 1995 Agreement.

Article 18
Transparency
The Commission shall promote transparency in its decision-making
processes and other activities. Representatives from
intergovernmental organizations and non-governmental
organizations concerned with matters relevant to the
implementation of this Convention shall be afforded the
opportunity to participate in the meetings of the Commission and
its subsidiary bodies as observers or otherwise as members of
the Commission deem appropriate and as provided for in the Rules
of Procedure that the Commission shall adopt. The procedures
shall not be unduly restrictive in this respect. The
intergovernmental organizations and nongovernmental
organizations shall be given timely access to pertinent
information subject to the rules and procedures that the
Commission may adopt. Any conservation, management and other
measures or matters that are decided by the Commission or
subsidiary bodies shall be made publicly available unless
otherwise decided by the Commission.

Article 19
Settlement of Disputes
The provisions relating to the settlement of disputes set out in
Part VIII of the 1995 Agreement apply, mutatis mutandis, to any
dispute between Contracting Parties, whether or not they are
also Parties to the 1995 Agreement.

Article 20
Cooperation with Non-Contracting Parties
1. The members of the Commission shall exchange information on
the activities of fishing vessels in the Convention Area
entitled to fly the flags of non-Contracting Parties to this
Convention.
2. The Commission shall draw the attention of any
non-Contracting Party to this Convention to any activity
undertaken by its nationals or fishing vessels entitled to
fly its flag which, in the opinion of the Commission, affects
the attainment of the objective of this Convention.
3. The Commission shall request the non-Contracting Party
identified in paragraph 2 to cooperate fully with the
Commission either by becoming a Contracting Party or by
agreeing to apply the conservation and management measures
adopted by the Commission. Subject to such terms and
conditions as the Commission may establish, such a
cooperating non-Contracting Party to this Convention may
enjoy benefits from participation in the fisheries
commensurate with, inter alia, its commitment to comply with
and its record of compliance with conservation and management
measures in respect of the relevant fisheries resources and
any financial contribution it makes to the Commission.
4. Each member of the Commission shall take measures consistent
with this Convention, the 1982 Convention, the 1995 Agreement
and other relevant international law to deter the activities
of fishing vessels entitled to fly the flags of
non-Contracting Parties to this Convention that undermine the
effectiveness of conservation and management measures adopted
by the Commission.
5. Each member of the Commission shall take appropriate
measures, in accordance with its laws, aimed at preventing
vessels entitled to fly its flag from transferring their
registration to non-Contracting Parties to this Convention
for the purpose of avoiding compliance with the provisions of
this Convention.

Article 21
Cooperation with Other Organizations or Arrangements
1. The Commission shall cooperate, as appropriate, on matters of
mutual interest with FAO, with other specialized agencies of
the United Nations and with relevant regional organizations
or arrangements, especially with those regional fisheries
management organizations or arrangements with responsibility
for fisheries in marine areas near or adjacent to the
Convention Area.
2. The Commission shall take into account the conservation and
management measures or recommendations adopted by regional
fisheries management organizations and arrangements and other
relevant intergovernmental organizations that have competence
in relation to areas adjacent to the Convention Area or in
respect of fisheries resources not covered by this
Convention, species belonging to the same ecosystem or
dependent upon or associated with the target stocks, and that
have objectives that are consistent with and supportive of
the objective of this Convention.
3. The Commission shall seek to develop cooperative working
relationships and may enter into agreements for this purpose
with intergovernmental organizations that can contribute to
its work and have competence for ensuring the long-term
conservation and sustainable use of living resources and
their ecosystems. It may invite these organizations to send
observers to its meetings or those of any of its subsidiary
bodies. It may also seek to participate in meetings of these
organizations as appropriate.
4. The Commission shall seek to make suitable arrangements for
consultation, cooperation and collaboration with other
regional fisheries management organizations or arrangements
in order to utilize, to the maximum extent possible, existing
institutions to achieve the objective of this Convention. In
this regard, the Commission shall seek to establish
cooperation on enforcement activities with those
organizations and arrangements carrying out these activities
in the Convention Area.

Article 22
Review
1. The Commission shall organize regular reviews of the
effectiveness of its adopted conservation and management
measures and compliance therewith in meeting the objective of
this Convention. These reviews may include examination of the
effectiveness of the provisions of the Convention itself.
2. The Commission shall determine the terms of reference and
methodology of these reviews which shall:
(a) take into account the practice of other regional fisheries
management organizations in conducting performance reviews;
(b) include contributions from the subsidiary bodies as
appropriate; and
(c) include the participation of a person or persons of
recognized competence who shall be independent of the
members of the Commission.
3. The Commission shall take account of the recommendations
arising from any such review and take actions, as
appropriate, including 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 29.
4. The results of any such review and subsequent assessment by
the Commission shall be made publicly available as soon as
possible following their submission to the Commission.

Article 23
Signature, Ratification, Acceptance and Approval
1. This Convention shall be open for signature at [location]
from [date] by the States that participated in the
Multilateral Meetings on the Management of High Seas
Fisheries in the North Pacific Ocean and shall remain open
for signature for twelve (12) months.
2. This Convention shall be subject to ratification, acceptance
or approval by the Signatories. Instruments of ratification,
acceptance or approval shall be deposited with the Government
of the Republic of Korea, which shall be the Depositary. The
Depositary shall inform all Signatories and all Contracting
Parties of all ratifications, acceptances or approvals
deposited and perform such other functions as are provided
for in the 1969 Vienna Convention on the Law of Treaties and
customary international law.

Article 24
Accession
1. This Convention shall be open for accession by the States
referred to in Article 23, paragraph 1.
2. After the entry into force of this Convention, the
Contracting Parties may, by consensus, invite to accede to
this Convention:
(a) other States or regional economic integration organizations
whose fishing vessels wish to conduct fishing activities for
fisheries resources in the Convention Area; and
(b) other coastal States of the Convention Area.
3. Any Contracting Party that does not join the consensus in
relation to paragraph 2 shall present to the Commission in
writing its reasons for not doing so.
4. Instruments of accession shall be deposited with the
Depositary. The Depositary shall inform all Signatories and
all Contracting Parties of all accessions.

Article 25
Entry into Force
1. This Convention shall enter into force one hundred and eighty
(180) days from the date of receipt by the Depositary of the
fourth instrument of ratification, acceptance, approval or
accession.
2. For Contracting Parties that have deposited an instrument of
ratification, acceptance, approval or accession in respect of
this Convention after the requirements for entry into force
have been met but prior to the date of entry into force, the
ratification, acceptance, approval or accession shall take
effect on the date of entry into force of this Convention or
thirty (30) days after the date of deposit of the instrument,
whichever is the later date.
3. For Contracting Parties that have deposited an instrument of
ratification, acceptance, approval or accession after the
date on which this Convention entered into force, this
Convention shall become effective thirty (30) days after the
date of deposit of the instrument.

Article 26
Reservations and Exceptions
No reservations or exceptions may be made to this Convention.

Article 27
Declarations and Statements
Article 26 does not preclude a State or regional economic
integration organization, when signing, ratifying, accepting,
approving or acceding to this Convention, from making
declarations or statements, however phrased or named, with a
view, inter alia, to the harmonization 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 or regional
economic integration organization.

Article 28
Relation to Other Agreements
1. 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.
2. Nothing in this Convention shall prejudice the rights,
jurisdiction and duties of Contracting Parties under the 1982
Convention or the 1995 Agreement. This Convention shall be
interpreted and applied in the context of and in a manner
consistent with the 1982 Convention and the 1995 Agreement.

Article 29
Amendments
1. Any proposal to amend this Convention shall be sent in
writing to the Chairperson of the Commission at least ninety
(90) days prior to the meeting at which it is proposed to be
considered, and the Chairperson of the Commission shall
promptly transmit the proposal to all members of the
Commission. Proposed amendments to this Convention shall be
considered at the regular meeting of the Commission, unless a
majority of the members of the Commission requests a special
meeting to discuss the proposed amendment. A special meeting
may be convened with not less than ninety (90) days notice.
2. Amendments to this Convention by the Commission shall be
adopted by the Contracting Parties by consensus. The text of
any amendments so adopted shall be transmitted by the
Depositary to all Contracting Parties.
3. An amendment shall take effect for all Contracting Parties
one hundred and twenty (120) days after the date of
transmittal specified in the notification by the Depositary
of receipt of written notification of approval by all
Contracting Parties.
4. Any State or regional economic integration organization that
becomes a Contracting Party to this Convention after an
amendment has been adopted in accordance with paragraph 2
shall be deemed to have approved that amendment.

Article 30
Annex
The Annex shall form an integral part of this Convention and,
unless expressly provided otherwise, a reference to this
Convention includes a reference to the Annex.

Article 31
Withdrawal
1. Any Contracting Party may withdraw from the Convention on 31
December of any year by giving notice on or before the
preceding 30 June to the Depositary, which shall communicate
copies of such notice to other Contracting Parties.
2. Any other Contracting Party may then withdraw from the
Convention on the same 31 December by giving notice to the
Depositary within one month of receipt of a copy of a notice
of withdrawal given pursuant to paragraph 1.

IN WITNESS WHEREOF the undersigned, being duly authorized by
their respective Governments, have signed this Convention.

DONE at …, on this ….day of …, in the English and French
languages, each text being equally authentic.