The Contracting Parties to this Convention,

Determined to ensure the long-term conservation and sustainable
use, in particular for human food consumption, of highly
migratory fish stocks in the western and central Pacific Ocean
for present and future generations,

Recalling the relevant provisions of the United Nations
Convention on the Law of the Sea of 10 December 1982 and the
Agreement for the Implementation of the Provisions of the United
Nations Convention on the Law of the Sea of 10 December 1982
relating to the Conservation and Management of Straddling Fish
Stocks and Highly Migratory Fish Stocks,

Recognizing that, under the 1982 Convention and the Agreement,
coastal States and States fishing in the region shall cooperate
with a view to ensuring conservation and promoting the objective
of optimum utilization of highly migratory fish stocks
throughout their range,

Mindful that effective conservation and management measures
require the application of the precautionary approach and the
best scientific information available,

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

Recognizing the ecological and geographical vulnerability of the
small island developing States, territories and possessions in
the region, their economic and social dependence on highly
migratory fish stocks, and their need for specific assistance,
including financial, scientific and technological assistance, to
allow them to participate effectively in the conservation,
management and sustainable use of the highly migratory fish
stocks,

Further recognizing that smaller island developing States have
unique needs which require special attention and consideration
in the provision of financial, scientific and technological
assistance,

Acknowledging that compatible, effective and binding
conservation and management measures can be achieved only
through cooperation between coastal States and States fishing in
the region,

Convinced that effective conservation and management of the
highly migratory fish stocks of the western and central Pacific
Ocean in their entirety may best be achieved through the
establishment of a regional Commission,

Have agreed as follows:

PART I
GENERAL PROVISIONS

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) “ Agreement ” means the Agreement for the Implementation
of the Provisions of the United Nations Convention on the
Law of the Sea of 10 December 1982 relating to the
Conservation and Management of Straddling Fish Stocks and
Highly Migratory Fish Stocks;
(c) “ Commission ” means the Commission for the Conservation
and Management of Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean established in accordance
with this Convention;
(d) “fishing” means:
(i) searching for, catching, taking or harvesting fish;
(ii) attempting to search for, catch, take or harvest fish;
(iii) engaging in any other activity which can reasonably be
expected to result in the locating, catching, taking or
harvesting of fish for any purpose;
(iv) placing, searching for or recovering fish aggregating
devices or associated electronic equipment such as radio
beacons;
(v) any operations at sea directly in support of, or in
preparation for, any activity described in subparagraphs
(i) to (iv), including transhipment;
(vi) use of any other vessel, vehicle, aircraft or hovercraft,
for any activity described in subparagraphs (i) to (v)
except for emergencies involving the health and safety of
the crew or the safety of a vessel;
(e) “ fishing vessel ” means any vessel used or intended for
use for the purpose of fishing, including support ships,
carrier vessels and any other vessel directly involved in
such fishing operations;
(f) “ highly migratory fish stocks ” means all fish stocks of
the species listed in Annex 1 of the 1982 Convention
occurring in the Convention Area, and such other species of
fish as the Commission may determine;
(g) “ 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;
(h) “ transhipment ” means the unloading of all or any of the
fish on board a fishing vessel to another fishing vessel
either at sea or in port.

Article 2
Objective
The objective of this Convention is to ensure, through effective
management, the long-term conservation and sustainable use of
highly migratory fish stocks in the western and central Pacific
Ocean in accordance with the 1982 Convention and the Agreement.

Article 3
Area of application
1. Subject to article 4, the area of competence of the
Commission (hereinafter referred to as “ the Convention Area
” )comprises all waters of the Pacific Ocean bounded to the
south and to the east by the following line:
From the south coast of Australia due south along the 141 °
meridian of east longitude to its intersection with the 55 °
parallel of south latitude; thence due east along the 55 °
parallel of south latitude to its intersection with the 150
° meridian of east longitude; thence due south along the 150
° meridian of east longitude to its intersection with the 60
° parallel of south latitude; thence due east along the 60
° parallel of south latitude to its intersection with the
130 ° meridian of west longitude; thence due north along the
130 ° meridian of west longitude to its intersection with
the 4 ° parallel of south latitude; thence due west along
the 4 ° parallel of south latitude to its intersection with
the 150 ° meridian of west longitude; thence due north along
the 150 ° meridian of west longitude.
2. Nothing in this Convention shall constitute recognition of
the claims or positions of any of the members of the
Commission concerning the legal status and extent of waters
and zones claimed by any such members.
3. This Convention applies to all stocks of highly migratory
fish within the Convention Area except sauries. Conservation
and management measures under this Convention shall be
applied throughout the range of the stocks, or to specific
areas within the Convention Area, as determined by the
Commission.

Article 4
Relationship between this Convention and the 1982 Convention
Nothing in this Convention shall prejudice the rights,
jurisdiction and duties of States under the 1982 Convention and
the Agreement. This Convention shall be interpreted and applied
in the context of and in a manner consistent with the 1982
Convention and the Agreement.

PART II
CONSERVATION AND MANAGEMENT OF HIGHLY MIGRATORY FISH STOCKS

Article 5
Principles and measures for conservation and management
In order to conserve and manage highly migratory fish stocks in
the Convention Area in their entirety, the members of the
Commission shall, in giving effect to their duty to cooperate in
accordance with the 1982 Convention, the Agreement and this
Convention:
(a) adopt measures to ensure long-term sustainability of highly
migratory fish stocks in the Convention Area and promote the
objective of their optimum utilization;
(b) ensure that such measures are based on the best scientific
evidence available and are designed to maintain or restore
stocks at levels capable of producing maximum sustainable
yield, as qualified by relevant environmental and economic
factors, including the special requirements of developing
States in the Convention Area, particularly small island
developing States, and taking into account fishing patterns,
the interdependence of stocks and any generally recommended
international minimum standards, whether subregional,
regional or global;
(c) apply the precautionary approach in accordance with this
Convention and all relevant internationally agreed standards
and recommended practices and procedures;
(d) assess the impacts of fishing, other human activities and
environmental factors on target stocks, non-target species,
and species belonging to the same ecosystem or dependent
upon or associated with the target stocks;
(e) adopt measures to minimize waste, discards, catch by lost or
abandoned gear, pollution originating from fishing vessels,
catch of non-target species, both fish and non-fish species,
(hereinafter referred to as non-target species) and impacts
on associated or dependent species, in particular endangered
species and promote the development and use of selective,
environmentally safe and cost-effective fishing gear and
techniques;
(f) protect biodiversity in the marine environment;
(g) take measures to prevent or eliminate over-fishing and
excess fishing capacity and to ensure that levels of fishing
effort do not exceed those commensurate with the sustainable
use of fishery resources;
(h) take into account the interests of artisanal and subsistence
fishers;
(i) collect and share, in a timely manner, complete and accurate
data concerning fishing activities on, inter alia, vessel
position, catch of target and non-target species and fishing
effort, as well as information from national and
international research programmes; and
(j) implement and enforce conservation and management measures
through effective monitoring, control and surveillance.

Article 6
Application of the precautionary approach
1. In applying the precautionary approach, the members of the
Commission shall:
(a) apply the guidelines set out in Annex II of the Agreement,
which shall form an integral part of this Convention, and
determine, on the basis of the best scientific information
available, stock-specific reference points and the action to
be taken if they are exceeded;
(b) take into account, inter alia, uncertainties relating to the
size and productivity of the stocks, reference points, stock
condition in relation to such reference points, levels and
distributions of fishing mortality and the impact of fishing
activities on non-target and associated or dependent
species, as well as existing and predicted oceanic,
environmental and socio-economic conditions; and
(c) develop data collection and research programmes to assess
the impact of fishing on non-target and associated or
dependent species and their environment, and adopt plans
where necessary to ensure the conservation of such species
and to protect habitats of special concern.
2. Members of the Commission shall be more cautious when
information is uncertain, unreliable or inadequate. The
absence of adequate scientific information shall not be used
as a reason for postponing or failing to take conservation
and management measures.
3. Members of the Commission shall take measures to ensure that,
when reference points are approached, they will not be
exceeded. In the event they are exceeded, members of the
Commission shall, without delay, take the action determined
under paragraph 1(a) to restore the stocks.
4. Where the status of target stocks or non-target or associated
or dependent species is of concern, members of the Commission
shall subject such stocks and species to enhanced monitoring
in order to review their status and the efficacy of
conservation and management measures. They shall revise those
measures regularly in the light of new information.
5. For new or exploratory fisheries, members of the Commission
shall adopt as soon as possible cautious conservation and
management measures, including, inter alia, catch limits and
effort limits. Such measures shall remain in force until
there are sufficient data to allow assessment of the impact
of the fisheries on the long-term sustainability of the
stocks, whereupon conservation and management measures based
on that assessment shall be implemented. The latter measures
shall, if appropriate, allow for the gradual development of
the fisheries.
6. If a natural phenomenon has a significant adverse impact on
the status of highly migratory fish stocks, members of the
Commission shall adopt conservation and management measures
on an emergency basis to ensure that fishing activity does
not exacerbate such adverse impacts. Members of the
Commission shall also adopt such measures on an emergency
basis where fishing activity presents a serious threat to the
sustainability of such stocks. Measures taken on an emergency
basis shall be temporary and shall be based on the best
scientific information available.

Article 7
Implementation of principles in areas under national
jurisdiction
1. The principles and measures for conservation and management
enumerated in article 5 shall be applied by coastal States
within areas under national jurisdiction in the Convention
Area in the exercise of their sovereign rights for the
purpose of exploring and exploiting, conserving and managing
highly migratory fish stocks.
2. The members of the Commission shall give due consideration to
the respective capacities of developing coastal States, in
particular small island developing States, in the Convention
Area to apply the provisions of articles 5 and 6 within areas
under national jurisdiction and their need for assistance as
provided for in this Convention.

Article 8
Compatibility of conservation and management measures
1. 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 highly migratory fish stocks in their entirety.
To this end, the members of the Commission have a duty to
cooperate for the purpose of achieving compatible measures in
respect of such stocks.
2. In establishing compatible conservation and management
measures for highly migratory fish stocks in the Convention
Area, the Commission shall:
(a) take into account the biological unity and other biological
characteristics of the stocks and the relationships between
the distribution of the stocks, the fisheries and the
geographical particularities of the region concerned,
including the extent to which the stocks occur and are
fished in areas under national jurisdiction;
(b) take into account:
(i) the conservation and management measures adopted and
applied in accordance with article 61 of the 1982
Convention in respect of the same stocks by coastal States
within areas under national jurisdiction and ensure that
measures established in respect of such stocks for the
Convention Area as a whole do not undermine the
effectiveness of such measures;
(ii) previously agreed measures established and applied in
respect of the same stocks for the high seas which form
part of the Convention Area by relevant coastal States and
States fishing on the high seas in accordance with the
1982 Convention and the Agreement;
(c) take into account previously agreed measures established and
applied in accordance with the 1982 Convention and the
Agreement in respect of the same stocks by a subregional or
regional fisheries management organization or arrangement;
(d) take into account the respective dependence of the coastal
States and the States fishing on the high seas on the stocks
concerned; and
(e) ensure that such measures do not result in harmful impact on
the living marine resources as a whole.
3. The coastal State shall ensure that the measures adopted and
applied by it to highly migratory fish stocks within areas
under its national jurisdiction do not undermine the
effectiveness of measures adopted by the Commission under
this Convention in respect of the same stocks.
4. Where there are areas of high seas in the Convention Area
entirely surrounded by the exclusive economic zones of
members of the Commission, the Commission shall, in giving
effect to this article, pay special attention to ensuring
compatibility between conservation and management measures
established for such high seas areas and those established in
respect of the same stocks in accordance with article 61 of
the 1982 Convention by the surrounding coastal States in
areas under national jurisdiction.

PART III
COMMISSION FOR THE CONSERVATION AND MANAGEMENT OF HIGHLY
MIGRATORY FISH STOCKS IN THE WESTERN AND CENTRAL PACIFIC OCEAN

SECTION 1.
GENERAL PROVISIONS

Article 9
Establishment of the Commission
1. There is hereby established the Commission for the
Conservation and Management of Highly Migratory Fish Stocks
in the Western and Central Pacific Ocean, which shall
function in accordance with the provisions of this
Convention.
2. A fishing entity referred to in the Agreement, which has
agreed to be bound by the regime established by this
Convention in accordance with the provisions of Annex I, may
participate in the work, including decision-making, of the
Commission in accordance with the provisions of this article
and Annex I.
3. The Commission shall hold an annual meeting. The Commission
shall hold such other meetings as may be necessary to carry
out its functions under this Convention.
4. The Commission shall elect a chairman and a vice-chairman
from among the Contracting Parties, who shall be of different
nationalities. They shall be elected for a period of two
years and shall be eligible for reelection. The chairman and
vice-chairman shall remain in office until the election of
their successors.
5. The principle of cost-effectiveness shall apply to the
frequency, duration and scheduling of meetings of the
Commission and its subsidiary bodies. The Commission may,
where appropriate, enter into contractual arrangements with
relevant institutions to provide expert services necessary
for the efficient functioning of the Commission and to enable
it to carry out effectively its responsibilities under this
Convention.
6. 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 which the Commission and its officers shall enjoy
in the territory of a Contracting Party shall be determined
by agreement between the Commission and the member concerned.
7. The Contracting Parties shall determine the location of the
headquarters of the Commission and shall appoint its
Executive Director.
8. The Commission shall adopt, and amend as required, by
consensus, rules of procedure for the conduct of its
meetings, including meetings of its subsidiary bodies, and
for the efficient exercise of its functions.

Article 10
Functions of the Commission
1. Without prejudice to the sovereign rights of coastal States
for the purpose of exploring and exploiting, conserving and
managing highly migratory fish stocks within areas under
national jurisdiction, the functions of the Commission shall
be to:
(a) determine the total allowable catch or total level of
fishing effort within the Convention Area for such highly
migratory fish stocks as the Commission may decide and adopt
such other conservation and management measures and
recommendations as may be necessary to ensure the long-term
sustainability of such stocks;
(b) promote cooperation and coordination between members of the
Commission to ensure that conservation and management
measures for highly migratory fish stocks in areas under
national jurisdiction and measures for the same stocks on
the high seas are compatible;
(c) adopt, where necessary, conservation and management measures
and recommendations for non-target species and species
dependent on or associated with the target stocks, with a
view to maintaining or restoring populations of such species
above levels at which their reproduction may become
seriously threatened;
(d) adopt standards for collection, verification and for the
timely exchange and reporting of data on fisheries for
highly migratory fish stocks in the Convention Area in
accordance with Annex I of the Agreement, which shall form
an integral part of this Convention;
(e) compile and disseminate accurate and complete statistical
data to ensure that the best scientific information is
available, while maintaining confidentiality, where
appropriate;
(f) obtain and evaluate scientific advice, review the status of
stocks, promote the conduct of relevant scientific research
and disseminate the results thereof;
(g) develop, where necessary, criteria for the allocation of the
total allowable catch or the total level of fishing effort
for highly migratory fish stocks in the Convention Area;
(h) adopt generally recommended international minimum standards
for the responsible conduct of fishing operations;
(i) establish appropriate cooperative mechanisms for effective
monitoring, control, surveillance and enforcement, including
a vessel monitoring system;
(j) obtain and evaluate economic and other fisheries-related
data and information relevant to the work of the Commission;
(k) agree on means by which the fishing interests of any new
member of the Commission may be accommodated;
(l) adopt its rules of procedure and financial regulations and
such other internal administrative regulations as may be
necessary to carry out its functions;
(m) consider and approve the proposed budget of the Commission;
(n) promote the peaceful settlement of disputes; and
(o) discuss any question or matter within the competence of the
Commission and adopt any measures or recommendations
necessary for achieving the objective of this Convention.
2. In giving effect to paragraph 1, the Commission may adopt
measures relating to, inter alia:
(a) the quantity of any species or stocks which may be caught;
(b) the level of fishing effort;
(c) limitations of fishing capacity, including measures relating
to fishing vessel numbers, types and sizes;
(d) the areas and periods in which fishing may occur;
(e) the size of fish of any species which may be taken;
(f) the fishing gear and technology which may be used; and
(g) particular subregions or regions.
3. In developing criteria for allocation of the total allowable
catch or the total level of fishing effort the Commission
shall take into account, inter alia:
(a) the status of the stocks and the existing level of fishing
effort in the fishery;
(b) the respective interests, past and present fishing patterns
and fishing practices of participants in the fishery and the
extent of the catch being utilized for domestic consumption;
(c) the historic catch in an area;
(d) the needs of small island developing States, and territories
and possessions, in the Convention Area whose economies,
food supplies and livelihoods are overwhelmingly dependent
on the exploitation of marine living resources;
(e) the respective contributions of participants to conservation
and management of the stocks, including the provision by
them of accurate data and their contribution to the conduct
of scientific research in the Convention Area;
(f) the record of compliance by the participants with
conservation and management measures;
(g) the needs of coastal communities which are dependent mainly
on fishing for the stocks;
(h) the special circumstances of a State which is surrounded by
the exclusive economic zones of other States and has a
limited exclusive economic zone of its own;
(i) the geographical situation of a small island developing
State which is made up of non-contiguous groups of islands
having a distinct economic and cultural identity of their
own but which are separated by areas of high seas;
(j) the fishing interests and aspirations of coastal States,
particularly small island developing States, and territories
and possessions, in whose areas of national jurisdiction the
stocks also occur.
4. The Commission may adopt decisions relating to the allocation
of the total allowable catch or the total level of fishing
effort. Such decisions, including decisions relating to the
exclusion of vessel types, shall be taken by consensus.
5. The Commission shall take into account the reports and any
recommendations of the Scientific Committee and the Technical
and Compliance Committee on matters within their respective
areas of competence.
6. The Commission shall promptly notify all members of the
measures and recommendations decided upon by the Commission
and shall give due publicity to the conservation and
management measures adopted by it.

Article 11
Subsidiary bodies of the Commission
1. There are hereby established as subsidiary bodies to the
Commission a Scientific Committee and a Technical and
Compliance Committee to provide advice and recommendations to
the Commission on matters within their respective areas of
competence.
2. Each member of the Commission shall be entitled to appoint
one representative to each Committee who may be accompanied
by other experts and advisers. Such representatives shall
have appropriate qualifications or relevant experience in the
area of competence of the Committee.
3. Each Committee shall meet as often as is required for the
efficient exercise of its functions, provided that each
Committee shall, in any event, meet prior to the annual
meeting of the Commission and shall report to the annual
meeting the results of its deliberations.
4. Each 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.
5. In the exercise of their functions, each Committee may, where
appropriate, consult any other fisheries management,
technical or scientific organization with competence in the
subject matter of such consultation and may seek expert
advice as required on an ad hoc basis.
6. The Commission may establish such other subsidiary bodies as
it deems necessary for the exercise of its functions,
including working groups for the purpose of examining
technical issues relating to particular species or stocks and
reporting thereon to the Commission.
7. The Commission shall establish a committee to make
recommendations on the implementation of such conservation
and management measures as may be adopted by the Commission
for the area north of the 20 ° parallel of north latitude
and on the formulation of such measures in respect of stocks
which occur mostly in this area. The committee shall include
the members situated in such area and those fishing in the
area. Any member of the Commission not represented on the
committee may send a representative to participate in the
deliberations of the committee as an observer. Any
extraordinary cost incurred for the work of the committee
shall be borne by the members of the committee. The committee
shall adopt recommendations to the Commission by consensus.
In adopting measures in relation to particular stocks and
species in such area, the decision of the Commission shall be
based on any recommendations of the committee. Such
recommendations shall be consistent with the general policies
and measures adopted by the Commission in respect of the
stocks or species in question and with the principles and
measures for conservation and management set out in this
Convention. If the Commission, in accordance with the rules
of procedure for decision-making on matters of substance,
does not accept the recommendation of the committee on any
matter, it shall return the matter to the committee for
further consideration. The committee shall reconsider the
matter in the light of the views expressed by the Commission.

SECTION 2.
SCIENTIFIC INFORMATION AND ADVICE

Article 12
Functions of the Scientific Committee
1. The Scientific Committee is established to ensure that the
Commission obtains for its consideration the best scientific
information available.
2. The functions of the 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) review the assessments, analyses, other work and
recommendations prepared for the Commission by the
scientific experts prior to consideration of such
recommendations by the Commission and provide information,
advice and comments thereon, as necessary;
(c) encourage and promote cooperation in scientific research,
taking into account the provisions of article 246 of the
1982 Convention, in order to improve information on highly
migratory fish stocks, non-target species, and species
belonging to the same ecosystem or associated with or
dependent upon such stocks in the Convention Area;
(d) review the results of research and analyses of target stocks
or non-target or associated or dependent species in the
Convention Area;
(e) report to the Commission its findings or conclusions on the
status of target stocks or non-target or associated or
dependent species in the Convention Area;
(f) in consultation with the Technical and Compliance Committee,
recommend to the Commission the priorities and objectives of
the regional observer programme and assess the results of
that programme;
(g) make reports and recommendations to the Commission as
directed, or on its own initiative, on matters concerning
the conservation and management of and research on target
stocks or non-target or associated or dependent species in
the Convention Area; and
(h) perform such other functions and tasks as may be requested
by or assigned to it by the Commission.
3. The Committee shall exercise its functions in accordance with
such guidelines and directives as the Commission may adopt.
4. The representatives of the Oceanic Fisheries Programme of the
Pacific Community and the Inter-American Tropical Tuna
Commission, or their successor organizations, shall be
invited to participate in the work of the Committee. The
Committee may also invite other organizations or individuals
with scientific expertise in matters related to the work of
the Commission to participate in its meetings.

Article 13
Scientific services
1. The Commission, taking into account any recommendation of the
Scientific Committee, may engage the services of scientific
experts to provide information and advice on the fishery
resources covered by this Convention and related matters that
may be relevant to the conservation and management of those
resources. The Commission may enter into administrative and
financial arrangements to utilize scientific services for
this purpose. In this regard, and in order to carry out its
functions in a cost-effective manner, the Commission shall,
to the greatest extent possible, utilize the services of
existing regional organizations and shall consult, as
appropriate, with any other fisheries management, technical
or scientific organization with expertise in matters related
to the work of the Commission.
2. The scientific experts may, as directed by the Commission:
(a) conduct scientific research and analyses in support of the
work of the Commission;
(b) develop and recommend to the Commission and the Scientific
Committee stock-specific reference points for the species of
principal interest to the Commission;
(c) assess the status of stocks against the reference points
established by the Commission;
(d) provide the Commission and the Scientific Committee with
reports on the results of their scientific work, advice and
recommendations in support of the formulation of
conservation and management measures and other relevant
matters; and
(e) perform such other functions and tasks as may be required.
3. In carrying out their work, the scientific experts may:
(a) undertake the collection, compilation and dissemination of
fisheries data according to agreed principles and procedures
established by the Commission, including procedures and
policies relating to the confidentiality, disclosure and
publication of data;
(b) conduct assessments of highly migratory fish stocks,
non-target species, and species belonging to the same
ecosystem or associated with or dependent upon such stocks,
within the Convention Area;
(c) assess the impacts of fishing, other human activities and
environmental factors on target stocks and species belonging
to the same ecosystem or dependent upon or associated with
the target stocks;
(d) assess the potential effects of proposed changes in the
methods or levels of fishing and of proposed conservation
and management measures; and
(e) investigate such other scientific matters as may be referred
to them by the Commission.
4. The Commission may make appropriate arrangements for periodic
peer review of scientific information and advice provided to
the Commission by the scientific experts.
5. The reports and recommendations of the scientific experts
shall be provided to the Scientific Committee and to the
Commission.

SECTION 3.
THE TECHNICAL AND COMPLIANCE COMMITTEE

Article 14
Functions of the Technical and Compliance Committee
1. The functions of the Technical and Compliance Committee shall
be to:
(a) provide the Commission with information, technical advice
and recommendations relating to the implementation of, and
compliance with, conservation and management measures;
(b) monitor and review compliance with conservation and
management measures adopted by the Commission and make such
recommendations to the Commission as may be necessary; and
(c) review the implementation of cooperative measures for
monitoring, control, surveillance and enforcement adopted by
the Commission and make such recommendations to the
Commission as may be necessary.
2. In carrying out its functions, the Committee shall:
(a) provide a forum for exchange of information concerning the
means by which they are applying the conservation and
management measures adopted by the Commission on the high
seas and complementary measures in waters under national
jurisdiction;
(b) receive reports from each member of the Commission relating
to measures taken to monitor, investigate and penalize
violations of provisions of this Convention and measures
adopted pursuant thereto;
(c) in consultation with the Scientific Committee, recommend to
the Commission the priorities and objectives of the regional
observer programme, when established, and assess the results
of that programme;
(d) consider and investigate such other matters as may be
referred to it by the Commission, including developing and
reviewing measures to provide for the verification and
validation of fisheries data;
(e) make recommendations to the Commission on technical matters
such as fishing vessel and gear markings;
(f) in consultation with the Scientific Committee, make
recommendations to the Commission on the fishing gear and
technology which may be used;
(g) report to the Commission its findings or conclusions on the
extent of compliance with conservation and management
measures; and
(h) make recommendations to the Commission on matters relating
to monitoring, control, surveillance and enforcement.
3. The Committee may establish, with the approval of the
Commission, such subsidiary bodies as may be necessary for
the performance of its functions.
4. The Committee shall exercise its functions in accordance with
such guidelines and directives as the Commission may adopt.

SECTION 4.
THE SECRETARIAT

Article 15
The Secretariat
1. The Commission may establish a permanent Secretariat
consisting of an Executive Director and such other staff as
the Commission may require.
2. The Executive Director shall be appointed for a term of four
years and may be re-appointed for a further term of four
years.
3. The Executive Director shall be the chief administrative
officer of the Commission, and shall act in that capacity in
all the meetings of the Commission and of any subsidiary
body, and shall perform such other administrative functions
as are entrusted to the Executive Director by the Commission.
4. The Secretariat functions shall include the following:
(a) receiving and transmitting the Commission ’ s official
communications;
(b) facilitating the compilation and dissemination of data
necessary to accomplish the objective of this Convention;
(c) preparing administrative and other reports for the
Commission and the Scientific and Technical and Compliance
Committees;
(d) administering agreed arrangements for monitoring, control
and surveillance and the provision of scientific advice;
(e) publishing the decisions of and promoting the activities of
the Commission and its subsidiary bodies; and
(f) treasury, personnel and other administrative functions.
5. In order to minimize costs to the members of the Commission,
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.

Article 16
The staff of the Commission
1. The staff of the Commission shall consist of such qualified
scientific and technical and other personnel as may be
required to fulfil the functions of the Commission. The staff
shall be appointed by the Executive Director.
2. The paramount consideration in the recruitment and employment
of the staff shall be the necessity of securing the highest
standards of efficiency, competence and integrity. Subject to
this consideration, due regard shall be paid to the
importance of recruiting the staff on an equitable basis
between the members of the Commission with a view to ensuring
a broad-based Secretariat.

SECTION 5.
FINANCIAL ARRANGEMENTS OF THE COMMISSION

Article 17
Funds of the Commission
1. The funds of the Commission shall include:
(a) assessed contributions in accordance with article 18,
paragraph 2;
(b) voluntary contributions;
(c) the fund referred to in article 30, paragraph 3; and
(d) any other funds which the Commission may receive.
2. The Commission shall adopt, and amend as required, by
consensus, financial regulations for the administration of
the Commission and for the exercise of its functions.

Article 18
Budget of the Commission
1. The Executive Director shall draft the proposed budget of the
Commission and submit it to the Commission. The proposed
budget shall indicate which of the administrative expenses of
the Commission are to be financed from the assessed
contributions referred to in article 17, paragraph 1 (a), and
which such expenses are to be financed from funds received
pursuant to article 17, paragraphs 1 (b), (c) and (d). The
Commission shall adopt the budget by consensus. If the
Commission is unable to adopt a decision on the 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.
2. The amount of the contribution to the budget shall be
determined in accordance with a scheme which the Commission
shall adopt, and amend as required, by consensus. In adopting
the scheme, due consideration shall be given to each member
being assessed an equal basic fee, a fee based upon national
wealth, reflecting the state of development of the member
concerned and its ability to pay, and a variable fee. The
variable fee shall be based, inter alia, on the total catch
taken within exclusive economic zones and in areas beyond
national jurisdiction in the Convention Area of such species
as may be specified by the Commission, provided that a
discount factor shall be applied to the catch taken in the
exclusive economic zone of a member of the Commission which
is a developing State or territory by vessels flying the flag
of that member. The scheme adopted by the Commission shall be
set out in the financial regulations of the Commission.
3. If a contributor is in arrears in the payment of its
financial contributions to the Commission it shall not
participate in the taking of decisions by the Commission if
the amount of its arrears equals or exceeds the amount of the
contributions due from it for the preceding two full years.
Interest shall be payable on such unpaid contributions at
such rate as may be determined by the Commission in its
financial regulations. The Commission may, nevertheless,
waive such interest payments and permit such a member to vote
if it is satisfied that the failure to pay is due to
conditions beyond the control of the member.

Article 19
Annual audit
The records, books and accounts of the Commission, including its
annual financial statement, shall be audited annually by an
independent auditor appointed by the Commission.

SECTION 6.
DECISION-MAKING

Article 20
Decision-making
1. As a general rule, decision-making in the Commission shall be
by consensus. For the purposes 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 made by consensus, if all efforts to reach
a decision by consensus have been exhausted, decisions by
voting on questions of procedure shall be taken by a majority
of those present and voting. Decisions on questions of
substance shall be taken by a three-fourths majority of those
present and voting provided that such majority includes a
three-fourths majority of the members of the South Pacific
Forum Fisheries Agency present and voting and a three-fourths
majority of nonmembers of the South Pacific Forum Fisheries
Agency present and voting and provided further that in no
circumstances shall a proposal be defeated by two or fewer
votes in either chamber. When the issue arises as to whether
a question is one of substance or not, that question shall be
treated as one of substance unless otherwise decided by the
Commission by consensus or by the majority required for
decisions on questions of substance.
3. If it appears to the Chairman that all efforts to reach a
decision by consensus have been exhausted, the Chairman shall
fix a time during that session of the Commission for taking
the decision by a vote. At the request of any representative,
the Commission may, by a majority of those present and
voting, defer the taking of a decision until such time during
the same session as the Commission may decide. At that time,
the Commission shall take a vote on the deferred question.
This rule may be applied only once to any question.
4. Where this Convention expressly provides that a decision on a
proposal shall be taken by consensus and the Chairman
determines that there would be an objection to such proposal,
the Commission may appoint a conciliator for the purpose of
reconciling the differences in order to achieve consensus on
the matter.
5. Subject to paragraphs 6 and 7, a decision adopted by the
Commission shall become binding 60 days after the date of its
adoption.
6. A member which has voted against a decision or which was
absent during the meeting at which the decision was made may,
within 30 days of the adoption of the decision by the
Commission, seek a review of the decision by a review panel
constituted in accordance with the procedures set out in
Annex II to this Convention on the grounds that:
(a) the decision is inconsistent with the provisions of this
Convention, the Agreement or the 1982 Convention; or
(b) the decision unjustifiably discriminates in form or in fact
against the member concerned.
7. Pending the findings and recommendations of the review panel
and any action required by the Commission, no member of the
Commission shall be required to give effect to the decision
in question.
8. If the review panel finds that the decision of the Commission
need not be modified, amended or revoked, the decision shall
become binding 30 days from the date of communication by the
Executive Director of the findings and recommendations of the
review panel.
9. If the review panel recommends to the Commission that the
decision be modified, amended or revoked, the Commission
shall, at its next annual meeting, modify or amend its
decision in order to conform with the findings and
recommendations of the review panel or it may decide to
revoke the decision, provided that, if so requested in
writing by a majority of the members, a special meeting of
the Commission shall be convened within 60 days of the date
of communication of the findings and recommendations of the
review panel.

SECTION 7.
TRANSPARENCY AND COOPERATION WITH OTHER ORGANIZATIONS

Article 21
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 appropriate.
The rules of procedure of the Commission shall provide for such
participation. The procedures shall not be unduly restrictive in
this respect. Such intergovernmental organizations and
non-governmental organizations shall be given timely access to
pertinent information subject to the rules and procedures which
the Commission may adopt.

Article 22
Cooperation with other organizations
1. The Commission shall cooperate, as appropriate, with the Food
and Agriculture Organization of the United Nations and with
other specialized agencies and bodies of the United Nations
on matters of mutual interest.
2. The Commission shall make suitable arrangements for
consultation, cooperation and collaboration with other
relevant intergovernmental organizations, particularly those
which have related objectives and which can contribute to the
attainment of the objective of this Convention, such as the
Commission for the Conservation of Antarctic Marine Living
Resources, the Commission for the Conservation of Southern
Bluefin Tuna, the Indian Ocean Tuna Commission and the
Inter-American Tropical Tuna Commission.
3. Where the Convention Area overlaps with an area under
regulation by another fisheries management organization, the
Commission shall cooperate with such other organization in
order to avoid the duplication of measures in respect of
species in that area which are regulated by both
organizations.
4. The Commission shall cooperate with the Inter-American
Tropical Tuna Commission to ensure that the objective set out
in article 2 of this Convention is reached. To that end, the
Commission shall initiate consultation with the
Inter-American Tropical Tuna Commission with a view to
reaching agreement on a consistent set of conservation and
management measures, including measures relating to
monitoring, control and surveillance, for fish stocks that
occur in the Convention Areas of both organizations.
5. The Commission may enter into relationship agreements with
the organizations referred to in this article and with other
organizations as may be appropriate, such as the Pacific
Community and the South Pacific Forum Fisheries Agency, with
a view to obtaining the best available scientific and other
fisheries-related information to further the attainment of
the objective of this Convention and to minimize duplication
with respect to their work.
6. Any organization with which the Commission has entered into
an arrangement or agreement under paragraphs 1, 2 and 5 may
designate representatives to attend meetings of the
Commission as observers in accordance with the rules of
procedure of the Commission. Procedures shall be established
for obtaining the views of such organizations in appropriate
cases.

PART IV
OBLIGATIONS OF MEMBERS OF THE COMMISSION

Article 23
Obligations of members of the Commission
1. Each member of the Commission shall promptly implement the
provisions of this Convention and any conservation,
management and other measures or matters which may be agreed
pursuant to this Convention from time to time and shall
cooperate in furthering the objective of this Convention.
2. Each member of the Commission shall:
(a) provide annually to the Commission statistical, biological
and other data and information in accordance with Annex I of
the Agreement and, in addition, such data and information as
the Commission may require;
(b) provide to the Commission in the manner and at such
intervals as may be required by the Commission, information
concerning its fishing activities in the Convention Area,
including fishing areas and fishing vessels in order to
facilitate the compilation of reliable catch and effort
statistics; and
(c) provide to the Commission at such intervals as may be
required information on steps taken to implement the
conservation and management measures adopted by the
Commission.
3. The members of the Commission shall keep the Commission
informed of the measures they have adopted for the
conservation and management of highly migratory fish stocks
in areas within the Convention Area under their national
jurisdiction. The Commission shall circulate periodically
such information to all members.
4. Each member of the Commission shall keep the Commission
informed of the measures it has adopted for regulating the
activities of fishing vessels flying its flag which fish in
the Convention Area. The Commission shall circulate
periodically such information to all members.
5. Each member of the Commission shall, to the greatest extent
possible, take measures to ensure that its nationals, and
fishing vessels owned or controlled by its nationals fishing
in the Convention Area, comply with the provisions of this
Convention. To this end, members of the Commission may enter
into agreements with States whose flags such vessels are
flying to facilitate such enforcement. Each member of the
Commission shall, to the greatest extent possible, at the
request of any other member, and when provided with the
relevant information, investigate any alleged violation by
its nationals, or fishing vessels owned or controlled by its
nationals, of the provisions of this Convention or any
conservation and management measure adopted by the
Commission. A report on the progress of the investigation,
including details of any action taken or proposed to be taken
in relation to the alleged violation, shall be provided to
the member making the request and to the Commission as soon
as practicable and in any case within two months of such
request and a report on the outcome of the investigation
shall be provided when the investigation is completed.

PART V
DUTIES OF THE FLAG STATE

Article 24
Flag State duties
1. Each member of the Commission shall take such measures as may
be necessary to ensure that:
(a) fishing vessels flying its flag comply with the provisions
of this Convention and the conservation and management
measures adopted pursuant hereto and that such vessels do
not engage in any activity which undermine the effectiveness
of such measures; and
(b) fishing vessels flying its flag do not conduct unauthorized
fishing within areas under the national jurisdiction of any
Contracting Party.
2. No member of the Commission shall allow any fishing vessel
entitled to fly its flag to be used for fishing for highly
migratory fish stocks in the Convention Area beyond areas of
national jurisdiction unless it has been authorized to do so
by the appropriate authority or authorities of that member. A
member of the Commission shall authorize the use of vessels
flying its flag for fishing in the Convention Area beyond
areas of national jurisdiction only where it is able to
exercise effectively its responsibilities in respect of such
vessels under the 1982 Convention, the Agreement and this
Convention.
3. It shall be a condition of every authorization issued by a
member of the Commission that the fishing vessel in respect
of which the authorization is issued:
(a) conducts fishing within areas under the national
jurisdiction of other States only where the fishing vessel
holds any licence, permit or authorization that may be
required by such other State; and
(b) is operated on the high seas in the Convention Area in
accordance with the requirements of Annex III, the
requirements of which shall also be established as a general
obligation of all vessels operating pursuant to this
Convention.
4. Each member of the Commission shall, for the purposes of
effective implementation of this Convention, maintain a
record of fishing vessels entitled to fly its flag and
authorized to be used for fishing in the Convention Area
beyond its area of national jurisdiction, and shall ensure
that all such fishing vessels are entered in that record.
5. Each member of the Commission shall provide annually to the
Commission, in accordance with such procedures as may be
agreed by the Commission, the information set out in Annex IV
to this Convention with respect to each fishing vessel
entered in the record required to be maintained under
paragraph 4 and shall promptly notify the Commission of any
modifications to such information.
6. Each member of the Commission shall also promptly inform the
Commission of:
(a) any additions to the record;
(b) any deletions from the record by reason of:
(i) the voluntary relinquishment or non-renewal of the fishing
authorization by the fishing vessel owner or operator;
(ii) the withdrawal 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; and
(v) any other reason,
specifying which of the reasons listed above is applicable.
7. The Commission shall maintain its own record, based on the
information provided to it pursuant to paragraphs 5 and 6, of
fishing vessels referred to in paragraph 4. The Commission
shall circulate periodically the information contained in
such record to all members of the Commission, and, on
request, individually to any member.
8. Each member of the Commission shall require its fishing
vessels that fish for highly migratory fish stocks on the
high seas in the Convention Area to use near real-time
satellite position-fixing transmitters while in such areas.
The standards, specifications and procedures for the use of
such transmitters shall be established by the Commission,
which shall operate a vessel monitoring system for all
vessels that fish for highly migratory fish stocks on the
high seas in the Convention Area. In establishing such
standards, specifications and procedures, the Commission
shall take into account the characteristics of traditional
fishing vessels from developing States. The Commission,
directly, and simultaneously with the flag State where the
flag State so requires, or through such other organization
designated by the Commission, shall receive information from
the vessel monitoring system in accordance with the
procedures adopted by the Commission. The procedures adopted
by the Commission shall include appropriate measures to
protect the confidentiality of information received through
the vessel monitoring system. Any member of the Commission
may request that waters under its national jurisdiction be
included within the area covered by such vessel monitoring
system.
9. Each member of the Commission shall require its fishing
vessels that fish in the Convention Area in areas under the
national jurisdiction of another member to operate near
real-time satellite position-fixing transmitters in
accordance with the standards, specification and procedures
to be determined by the coastal State.
10. The members of the Commission shall cooperate to ensure
compatibility between national and high seas vessel
monitoring systems.

PART VI
COMPLIANCE AND ENFORCEMENT

Article 25
Compliance and enforcement
1. Each member of the Commission shall enforce the provisions of
this Convention and any conservation and management measures
issued by the Commission.
2. Each member of the Commission shall, at the request of any
other member, and when provided with the relevant
information, investigate fully 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. A report on the progress of the
investigation, including details of any action taken or
proposed to be taken in relation to the alleged violation,
shall be provided to the member making the request and to the
Commission as soon as practicable and in any case within two
months of such request and a report on the outcome of the
investigation shall be provided when the investigation is
completed.
3. Each member of the Commission shall, if satisfied that
sufficient evidence is available in respect of an alleged
violation by a fishing vessel flying its flag, refer the case
to its authorities with a view to instituting proceedings
without delay in accordance with its laws and, where
appropriate, detain the vessel concerned.
4. Each member of the Commission shall ensure 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 such time as all outstanding sanctions imposed by the
flag State in respect of the violation have been complied
with. Where the vessel concerned has conducted unauthorized
fishing within areas under the national jurisdiction of any
coastal State Party to this Convention, the flag State shall,
in accordance with its laws, ensure that the vessel complies
promptly with any sanctions which may be imposed by such
coastal State in accordance with its national laws and
regulations or shall impose appropriate sanctions in
accordance with paragraph 7. For the purposes of this
article, a serious violation shall include any of the
violations specified in article 21, paragraphs 11 (a) to (h)
of the Agreement and such other violations as may be
determined by the Commission.
5. Each member of the Commission shall, to the extent permitted
by its national laws and regulations, establish arrangements
for making available to prosecuting authorities of other
members evidence relating to alleged violations.
6. Where there are reasonable grounds for believing that a
fishing vessel on the high seas has engaged in unauthorized
fishing within an area under the national jurisdiction of a
member of the Commission, the flag State of that vessel, at
the request of the member concerned, shall immediately and
fully investigate the matter. The flag State shall cooperate
with the member concerned in taking appropriate enforcement
action in such cases and may authorize the relevant
authorities of such member to board and inspect the vessel on
the high seas. This paragraph is without prejudice to article
111 of the 1982 Convention.
7. All investigations and judicial proceedings shall be carried
out expeditiously. Sanctions applicable in respect of
violations 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. Measures applicable
in respect of masters and other officers of fishing vessels
shall include provisions which may permit, inter alia,
refusal, withdrawal or suspension of authorizations to serve
as masters or officers on such vessels.
8. Each member shall transmit to the Commission an annual
statement of compliance measures, including imposition of
sanctions for any violations, it has taken in accordance with
this article.
9. The provisions of this article are without prejudice to:
(a) the rights of any of the members of the Commission in
accordance with their national laws and regulations relating
to fisheries, including the right to impose appropriate
sanctions on the vessel concerned in respect of violations
occurring within areas under national jurisdiction in
accordance with such national laws and regulations; and
(b) the rights of any of the members of the Commission in
relation to any provision relating to compliance and
enforcement contained in any relevant bilateral or
multilateral fisheries access agreement not inconsistent
with the provisions of this Convention, the Agreement or the
1982 Convention.
10. Each member of the Commission, where it has reasonable
grounds for believing that a fishing vessel flying the flag
of another State has engaged in any activity that undermines
the effectiveness of conservation and management measures
adopted for the Convention Area, shall draw this to the
attention of the flag State concerned and may, as
appropriate, draw the matter to the attention of the
Commission. To the extent permitted by its national laws and
regulations it shall provide the flag State with full
supporting evidence and may provide the Commission with a
summary of such evidence. The Commission shall not circulate
such information until such time as the flag State has had
an opportunity to comment, within a reasonable time, on the
allegation and evidence submitted, or to object as the case
may be.
11. The members of the Commission may take action in accordance
with the Agreement and international law, including through
procedures adopted by the Commission for this purpose, to
deter fishing vessels which have engaged in activities which
undermine the effectiveness of or otherwise violate the
conservation and management measures adopted by the
Commission from fishing in the Convention Area until such
time as appropriate action is taken by the flag State.
12. The Commission, when necessary, shall develop procedures
which allow for non-discriminatory trade measures to be
taken, consistent with the international obligations of the
members of the Commission, on any species regulated by the
Commission, against any State or entity whose fishing
vessels fish in a manner which undermines the effectiveness
of the conservation and management measures adopted by the
Commission.

Article 26
Boarding and inspection
1. For the purposes of ensuring compliance with conservation and
management measures, the Commission shall establish
procedures for boarding and inspection of fishing vessels on
the high seas in the Convention Area. All vessels used for
boarding and inspection of fishing vessels on the high seas
in the Convention Area shall be clearly marked and
identifiable as being on government service and authorized to
undertake high seas boarding and inspection in accordance
with this Convention.
2. If, within two years of the entry into force of this
Convention, the Commission is not able to agree on such
procedures, or on an alternative mechanism which effectively
discharges the obligations of the members of the Commission
under the Agreement and this Convention to ensure compliance
with the conservation and management measures established by
the Commission, articles 21 and 22 of the Agreement shall be
applied, subject to paragraph 3, as if they were part of this
Convention and 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 therein and such additional practical procedures as
the Commission may decide are necessary for the
implementation of articles 21 and 22 of the Agreement.
3. Each member of the Commission shall ensure that fishing
vessels flying its flag accept boarding by duly authorized
inspectors in accordance with such procedures. Such duly
authorized inspectors shall comply with the procedures for
boarding and inspection.

Article 27
Measures taken by a port State
1. A port State has the right and the 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 shall not discriminate in form or in
fact against the fishing vessels of any State.
2. Whenever a fishing vessel of a member of the Commission
voluntarily enters a port or offshore terminal of another
member, the port State may, inter alia, inspect documents,
fishing gear and catch on board such fishing vessel.
3. Members of the Commission may adopt regulations empowering
the relevant national authorities to prohibit landings and
transhipments where it has been established that the catch
has been taken in a manner which undermines the effectiveness
of conservation and management measures adopted by the
Commission.
4. Nothing in this article affects the exercise by Contracting
Parties of their sovereignty over ports in their territory in
accordance with international law.

PART VII
REGIONAL OBSERVER PROGRAMME AND REGULATION OF TRANSHIPMENT

Article 28
Regional observer programme
1. The Commission shall develop a regional observer programme to
collect verified catch data, other scientific data and
additional information related to the fishery from the
Convention Area and to monitor the implementation of the
conservation and management measures adopted by the
Commission.
2. The observer programme shall be coordinated by the
Secretariat of the Commission, and shall be organized in a
flexible manner which takes into account the nature of the
fishery and other relevant factors. In this regard, the
Commission may enter into contracts for the provision of the
regional observer programme.
3. The regional observer programme shall consist of independent
and impartial observers authorized by the Secretariat of the
Commission. The programme should be coordinated, to the
maximum extent possible, with other regional, subregional and
national observer programmes.
4. Each member of the Commission shall ensure that fishing
vessels flying its flag in the Convention Area, except for
vessels that operate exclusively within waters under the
national jurisdiction of the flag State, are prepared to
accept an observer from the regional observer programme, if
required by the Commission.
5. The provisions of paragraph 4 shall apply to vessels fishing
exclusively on the high seas in the Convention Area, vessels
fishing on the high seas and in waters under the jurisdiction
of one or more coastal States, and vessels fishing in waters
under the jurisdiction of two or more coastal States. When a
vessel is operating on the same fishing trip both in waters
under the national jurisdiction of its flag State and in the
adjacent high seas, an observer placed under the regional
observer programme shall not undertake any of the activities
specified in paragraph 6 (e) when the vessel is in waters
under the national jurisdiction of its flag State, unless the
flag State of the vessel agrees otherwise.
6. The regional observer programme shall operate in accordance
with the following guidelines and under the conditions set
out in article 3 of Annex III of this Convention:
(a) the programme shall provide a sufficient level of coverage
to ensure that the Commission receives appropriate data and
information on catch levels and related matters within the
Convention Area, taking into account the characteristics of
the fisheries;
(b) each member of the Commission shall be entitled to have its
nationals included in the programme as observers;
(c) observers shall be trained and certified in accordance with
uniform procedures to be approved by the Commission;
(d) observers shall not unduly interfere with the lawful
operations of the vessel and, in carrying out their
functions, they shall give due consideration to the
operational requirements of the vessel and shall communicate
regularly with the captain or master for this purpose;
(e) the activities of observers shall include collecting catch
data and other scientific data, monitoring the
implementation of conservation and management measures
adopted by the Commission and reporting of their findings in
accordance with procedures to be developed by the
Commission;
(f) the programme shall be cost effective, shall avoid
duplication with existing regional, subregional and national
observer programmes, and shall, to the extent practicable,
seek to minimize disruption to the operations of vessels
fishing in the Convention Area;
(g) a reasonable period of notice of the placement of an
observer shall be given.
7. The Commission shall develop further procedures and
guidelines for the operation of the regional observer
programme, including:
(a) to ensure the security of non-aggregated data and other
information which the Commission deems to be of a
confidential nature;
(b) for the dissemination of data and information collected by
observers to the members of the Commission;
(c) for boarding of observers which clearly define the rights
and responsibilities of the captain or master of the vessel
and the crew when an observer is on board a vessel, as well
as the rights and responsibilities of observers in the
performance of their duties.
8. The Commission shall determine the manner in which the costs
of the observer programme would be defrayed.

Article 29
Transhipment
1. In order to support efforts to ensure accurate reporting of
catches, the members of the Commission shall encourage their
fishing vessels, to the extent practicable, to conduct
transhipment in port. A member may designate one or more of
its ports as transhipment ports for the purposes of this
Convention, and the Commission shall circulate periodically
to all members a list of such designated ports.
2. Transhipment at a port or in an area within waters under the
national jurisdiction of a member of the Commission shall
take place in accordance with applicable national laws.
3. The Commission shall develop procedures to obtain and verify
data on the quantity and species transhipped both in port and
at sea in the Convention Area and procedures to determine
when transhipment covered by this Convention has been
completed.
4. Transhipment at sea in the Convention Area beyond areas under
national jurisdiction shall take place only in accordance
with the terms and conditions set out in article 4 of Annex
III to this Convention, and any procedures established by the
Commission pursuant to paragraph 3 of this article. Such
procedures shall take into account the characteristics of the
fishery concerned.
5. Notwithstanding paragraph 4 above, and subject to specific
exemptions which the Commission adopts in order to reflect
existing operations, transhipment at sea by purse-seine
vessels operating within the Convention Area shall be
prohibited.

PART VIII
REQUIREMENTS OF DEVELOPING STATES

Article 30
Recognition of the special requirements of developing States
1. The Commission shall give full recognition to the special
requirements of developing States Parties to this Convention,
in particular small island developing States, and of
territories and possessions, in relation to conservation and
management of highly migratory fish stocks in the Convention
Area and development of fisheries for such stocks.
2. In giving effect to the duty to cooperate in the
establishment of conservation and management measures for
highly migratory fish stocks, the Commission shall take into
account the special requirements of developing States
Parties, in particular small island developing States, and of
territories and possessions, in particular:
(a) the vulnerability of developing States Parties, in
particular small island developing States, which are
dependent on the exploitation of marine living resources,
including for meeting the nutritional requirements of their
populations or parts thereof;
(b) the need to avoid adverse impacts on, and ensure access to
fisheries by, subsistence, small-scale and artisanal fishers
and fishworkers, as well as indigenous people in developing
States Parties, particularly small island 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 developing States
Parties, and territories and possessions.
3. The Commission shall establish a fund to facilitate the
effective participation of developing States Parties,
particularly small island developing States, and, where
appropriate, territories and possessions, in the work of the
Commission, including its meetings and those of its
subsidiary bodies. The financial regulations of the
Commission shall include guidelines for the administration of
the fund and criteria for eligibility for assistance.
4. Cooperation with developing States, and territories and
possessions, 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 highly migratory
fish stocks 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.

PART IX
PEACEFUL SETTLEMENT OF DISPUTES

Article 31
Procedures for the settlement of disputes
The provisions relating to the settlement of disputes set out in
Part VIII of the Agreement apply, mutatis mutandis, to any
dispute between members of the Commission, whether or not they
are also Parties to the Agreement.

PART X
NON-PARTIES TO THIS CONVENTION

Article 32
Non-parties to this Convention
1. Each member of the Commission shall take measures consistent
with this Convention, the Agreement and international law to
deter the activities of vessels flying the flags of
non-parties to this Convention which undermine the
effectiveness of conservation and management measures adopted
by the Commission.
2. The members of the Commission shall exchange information on
the activities of fishing vessels flying the flags of
non-parties to this Convention which are engaged in fishing
operations in the Convention Area.
3. The Commission shall draw the attention of any State which is
not a Party to this Convention to any activity undertaken by
its nationals or vessels flying its flag which, in the
opinion of the Commission, affects the implementation of the
objective of this Convention.
4. The members of the Commission shall, individually or jointly,
request non-parties to this Convention whose vessels fish in
the Convention Area to cooperate fully in the implementation
of conservation and management measures adopted by the
Commission with a view to ensuring that such measures are
applied to all fishing activities in the Convention Area.
Such cooperating non-parties to this Convention shall enjoy
benefits from participation in the fishery commensurate with
their commitment to comply with, and their record of
compliance with, conservation and management measures in
respect of the relevant stocks.
5. Non-parties to this Convention, may, upon request and subject
to the concurrence of the members of the Commission and to
the rules of procedure relating to the granting of observer
status, be invited to attend meetings of the Commission as
observers.

PART XI
GOOD FAITH AND ABUSE OF RIGHTS

Article 33
Good faith and abuse of rights
The obligations assumed under this Convention shall be fulfilled
in good faith and the rights recognized in this Convention shall
be exercised in a manner which would not constitute an abuse of
right.

PART XII
FINAL PROVISIONS

Article 34
Signature, ratification, acceptance, approval
1. This Convention shall be open for signature by Australia,
Canada, China, Cook Islands, Federated States of Micronesia,
Fiji Islands, France, Indonesia, Japan, Republic of Kiribati,
Republic of the Marshall Islands, Republic of Nauru, New
Zealand, Niue, Republic of Palau, Independent State of Papua
New Guinea, Republic of the Philippines, Republic of Korea,
Independent State of Samoa, Solomon Islands, Kingdom of
Tonga, Tuvalu, United Kingdom of Great Britain and Northern
Ireland in respect of Pitcairn, Henderson, Ducie and Oeno
Islands, United States of America and Republic of Vanuatu and
shall remain open for signature for twelve months from the
fifth day of September 2000.
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.
4. Each Contracting Party shall be a member of the Commission
established by this Convention.

Article 35
Accession
1. This Convention shall remain open for accession by the States
referred to in article 34, paragraph 1, and by any entity
referred to in article 305, paragraph 1, subparagraphs (c),
(d) and (e) of the 1982 Convention which is situated in the
Convention Area.
2. After the entry into force of this Convention, the
Contracting Parties may, by consensus, invite other States
and regional economic integration organizations, whose
nationals and fishing vessels wish to conduct fishing for
highly migratory fish stocks in the Convention Area to accede
to this Convention.
3. Instruments of accession shall be deposited with the
depositary.

Article 36
Entry into force
1. This Convention shall enter into force 30 days after the
deposit of instruments of ratification, acceptance, approval
or accession by:
(a) three States situated north of the 20 ° parallel of north
latitude; and
(b) seven States situated south of the 20 ° parallel of north
latitude.
2. If, within three years of its adoption, this Convention has
not been ratified by three of the States referred to in
paragraph 1 (a), this Convention shall enter into force six
months after the deposit of the thirteenth instrument of
ratification, acceptance, approval or accession or in
accordance with paragraph 1, whichever is the earlier.
3. For each State, entity referred to in article 305, paragraph
1, subparagraphs (c), (d) and (e) of the 1982 Convention
which is situated in the Convention Area, or regional
economic integration organization which ratifies, formally
confirms, accepts or approves the Convention or accedes
thereto after the entry into force of this Convention, this
Convention shall enter into force on the thirtieth day
following the deposit of its instrument of ratification,
formal confirmation, acceptance, approval or accession.

Article 37
Reservations and exceptions
No reservations or exceptions may be made to this Convention.

Article 38
Declarations and statements
Article 37 does not preclude a State, entity referred to in
article 305, paragraph 1, subparagraphs (c), (d) and (e) of the
1982 Convention which is situated in the Convention Area, or
regional economic integration organization, when signing,
ratifying 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, entity or
regional economic integration organization.

Article 39
Relation to other agreements
This Convention shall not alter the rights and obligations of
Contracting Parties, and fishing entities referred to in article
9, paragraph 2, which arise from other agreements compatible
with this Convention and which do not affect the enjoyment by
other Contracting Parties of their rights or the performance of
their obligations under this Convention.

Article 40
Amendment
1. Any member of the Commission may propose amendments to this
Convention to be considered by the Commission. Any such
proposal shall be made by written communication addressed to
the Executive Director at least 60 days before the meeting of
the Commission at which it is to be considered. The Executive
Director shall promptly circulate such communication to all
members of the Commission.
2. Amendments to this Convention shall be considered at the
annual meeting of the Commission unless a majority of the
members request a special meeting to consider the proposed
amendment. A special meeting may be convened on not less than
60 days notice. Amendments to this Convention shall be
adopted by consensus. The text of any amendment adopted by
the Commission shall be transmitted promptly by the Executive
Director to all members of the Commission.
3. Amendments to this Convention shall enter into force for the
Contracting Parties ratifying or acceding to them on the
thirtieth day following the deposit of instruments of
ratification or accession by a majority of Contracting
Parties. Thereafter, for each Contracting Party ratifying or
acceding to an amendment after the deposit of the required
number of such instruments, the amendment shall enter into
force on the thirtieth day following the deposit of its
instrument of ratification or accession.

Article 41
Annexes
1. The Annexes form an integral part of this Convention and,
unless expressly provided otherwise, a reference to this
Convention or to one of its Parts includes a reference to the
Annexes relating thereto.
2. The Annexes to this Convention may be revised from time to
time and any member of the Commission may propose revisions
to an Annex. Notwithstanding the provisions of article 40, if
a revision to an Annex is adopted by consensus at a meeting
of the Commission, it shall be incorporated in this
Convention and shall take effect from the date of its
adoption or from such other date as may be specified in the
revision.

Article 42
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 one 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 member 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 member to fulfil any
obligation embodied in this Convention to which it would be
subject under international law independently of this
Convention.

Article 43
Participation by territories
1. The Commission and its subsidiary bodies shall be open to
participation, with the appropriate authorization of the
Contracting Party having responsibility for its international
affairs, to each of the following:
American Samoa
French Polynesia
Guam
New Caledonia
Northern Mariana Islands
Tokelau
Wallis and Futuna
2. The nature and extent of such participation 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.
3. Notwithstanding paragraph 2, all such participants shall be
entitled to participate fully in the work of the Commission,
including the right 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 44
Depositary
The Government of New Zealand shall be the depositary of this
Convention and any amendments or revisions thereto. The
depositary shall register this Convention with the
Secretary-General of the United Nations in accordance with
article 102 of the Charter of the United Nations.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being
duly authorized thereto, have signed this Convention.
DONE at Honolulu this fifth day of September, two thousand, in a
single original.


ARRANGEMENT FOR THE PARTICIPATION OF FISHING ENTITIES

Considering that Chinese Taipei participated in the Multilateral
High-level Conference on the Conservation and Management of
Highly Migratory Fish Stocks in the Western and Central Pacific
Ocean ("the Conference"),

Recalling that Chinese Taipei participated in the adoption of
the Majuro Declaration of 13 June 1997 in which the States,
territories and fishing entities represented at the second
session of the Conference declared their commitment to establish
a mechanism for the conservation and management of highly
migratory fish stocks in the western and central Pacific Ocean
within an overall time-frame of three years from June 1997,

Considering further that Chinese Taipei participated in the
adoption of the Convention for the Conservation and Management
of Highly Migratory Fish Stocks in the Western and Central
Pacific Ocean at Honolulu on 4 September 2000 together with the
Final Act of the Conference, the authentic texts of which are
appended hereto,

The Conference HEREBY INVITES Chinese Taipei, as a fishing
entity, and Chinese Taipei HEREBY DECLARES its intent:
(a) to participate in the Preparatory Conference established by
the resolution attached to the Final Act of the Conference,
(b) subject to the fulfilment of its domestic legal
requirements, to agree to be bound by the regime established
by the Convention in accordance with article 9, paragraph 2,
of the Convention, and to participate in the Commission for
the Conservation and Management of Highly Migratory Fish
Stocks in the Western and Central Pacific Ocean in
accordance with the Convention.

IN WITNESS WHEREOF the undersigned, being duly authorized to
that effect, have appended their signature hereto.
DONE at Honolulu this fifth day of September, two thousand, in a
single original. The original text of this Arrangement shall be
deposited in the treaty archives of the Government of New
Zealand which will circulate a certified copy thereof to Chinese
Taipei and to all signatory States to the Convention.


For Chinese Taipei: 胡興華
Sing Hua Hu

Chairman of the Satya N. Nandan
Multilateral High-level
Conference on the
Conservation and
Management of Highly
Migratory Fish Stocks
in the Western and
Central Pacific Ocean: