CONVENTION
The Governments comprising the South Pacific Forum:
Noting the Declaration on the Law of the Sea and a Regional Fisheries Agency adopted at the 8th South Pacific Forum held in Port Moresby in August 1977.Recognizing their common interest in the conservation and optimum utilization of the living marine resources of the South Pacific region and in particular of the highly migratory species.
Desiring to promote regional cooperation and coordination in respect of fisheries policies.
Bearing in mind recent developments in the Law of the Sea.
Concerned to secure the maximum benefits from the living marine resources of the region for their people and for the region as a whole and in particular the developing countries.
Desiring to facilitate the collection, analysis, evaluation and dissemination of relevant statistical scientific and economic information about the living marine resources of the region, and in particular the highly migratory species.
Have agreed as follows:
Article I
Agency
1. There is hereby established a South Pacific Forum Fisheries Agency.
2. The Agency shall consist of a Forum Fisheries Committee and a Secretariat.
3. The seat of the Agency shall be at Honiara, Solomon Islands.
Article II
Membership
Membership of the Agency shall be open to:
A. Members of the South Pacific Forum.B. Other States or territories in the region on the recommendation of the Committee and with the approval of the Forum.
Article III
Recognition of Coastal States' Rights
1. The Parties to this Convention recognize that the coastal State has sovereign rights, for the purpose of exploring and exploiting, conserving and managing the living marine resources, including highly migratory species, within its exclusive economic zone or fishing zone, which may extend 200 nautical miles from the baseline from which the breadth of its territorial sea is measured.2. Without prejudice to paragraph (1) of this Article, the Parties recognize that effective cooperation for the conservation and optimum utilization of the highly migratory species of the region will require the establishment of additional international machinery to provide for cooperation between all coastal States in the region and all States involved in the harvesting of such resources.
Article IV
Committee
1. The Committee shall hold a regular session at least once every year. A special session shall be held at any time at the request of at least four Parties. The Committee shall endeavour to take decisions by consensus.2. Where consensus is not possible each Party shall have one vote and decisions shall be taken by a two-thirds majority of the Parties present and voting.
3. The Committee shall adopt such rules of procedure and other internal administrative regulations as it considers necessary.
4. The Committee may establish such sub-committees, including technical and budget sub-committee as it may consider necessary.
5. The South Pacific Bureau for Economic Cooperation (SPEC) may participate in the work of the Committee. States, territories and other international organizations may participate as observers in accordance with such criteria as the Committee may determine.
Article V
Functions of the Committee
1. The function of the Committee shall be as follows:a. To provide detailed policy and administrative guidance and direction to the Agency.b. To provide a Forum for Parties to consult together on matters of common concern in the field of fisheries.
c. To carry out such other functions as may be necessary to give effect to this Convention.
2. In particular, the Committee shall promote intra-regional coordination and cooperation in the following fields:
a. Harmonization of policies with respect to fisheries management.
b. Cooperation in respect of relations with distant water fishing countries.
c. Cooperation in surveillance and enforcement.
d. Cooperation in respect of onshore fish processing.
e. Cooperation in marketing.
f. Cooperation in respect of access to the 200 mile zones of other Parties.
Article VI
Director, Staff and Budget
1. The Committee shall appoint a Director of the Agency on such conditions as it may determine.2. The Committee may appoint a Deputy Director of the Agency on such conditions as it may determine.
3. The Director may appoint other staff in accordance with such rules and on such conditions as the Committee may determine.
4. The Director shall submit to the Committee for approval: a. An annual report on the activities of the Agency for the preceding year. b. A draft work programme and budget for the succeeding year.
5. The approved report, budget and work programme shall be submitted to the Forum.
6. The budget shall be financed by contributions according to the shares set out in the Annex to this Convention. The Annex shall be subject to review from time to time by the Committee.
7. The Committee shall adopt financial regulations for the administration of the finances of the Agency. Such regulations may authorize the Agency to accept contributions from private or public sources.
8. All questions concerning the budget of the Agency, including contributions to the budget, shall be determined by the Committee.
9. In advance of the Committee's approval of the budget, the Agency shall be entitled to incur expenditure up to a limit not exceeding two-thirds of the preceding year's approved budgetary expenditure.
Article VII
Functions of the Agency
Subject to direction by the Committee, the Agency shall:
(a) Collect, analyse, evaluate and disseminate to Parties relevant statistical and biological information with respect to the living marine resources of the region and in particular the highly migratory species.(b) Collect and disseminate to Parties relevant information concerning management procedures, legislation and agreements adopted by other countries, both within and beyond the region.
(c) Collect and disseminate to Parties relevant information on prices, shipping, processing and marketing of fish and fish products.
(d) Provide, on request, to any Party technical advice and information, assistance in the development of fisheries policies and negotiations, and assistance in the issue of licences, the collection of fees or in matters pertaining to surveillance and enforcement.
(e) Seek to establish working arrangements with relevant regional and international organizations, particularly the South Pacific Commission.
(f) Undertake such other functions the Committee may decide.
Article VIII
Legal Status, Privileges and Immunities
1. The Agency shall have legal personality and in particular the capacity to contract, to acquire and dispose of movable and immovable property and to sue and be sued.2. The Agency shall be immune from suit and other legal process and its premises, archives and property shall be inviolable.
3. Subject to approval by the Committee the Agency shall promptly conclude an agreement with the Government of Solomon Islands providing for such privileges and immunities as may be necessary for the proper discharge of the functions of the Agency.
Article IX
Information
The Parties shall provide the Agency with available and appropriate information, including:
(a) Catch and effort statistics in respect of fishing operations in waters under their jurisdiction or conducted by vessels under their jurisdiction.(b) Relevant laws, regulations and international agreements.
(c) Relevant biological and statistical data.
(d) Action with respect to decisions taken by the Committee.
Article X
Signature, Accession, Entry into Force
1. This Convention shall be open for signature by members of the South Pacific Forum.2. This Convention is not subject to ratification and shall enter into force 30 days following the eighth signature. Thereafter it shall enter into force for any signing or acceding State 30 days after signature or the receipt by the depositary of an instrument of accession.
3. This Convention shall be deposited with the Government of Solomon Islands (herein referred to as the depositary) who shall be responsible for its registration with the United Nations.
4. States or territories admitted to membership of the Agency in accordance with Article II(B) shall deposit an instrument of accession with the depositary.
5. Reservations to this Convention shall not be permitted.
Article XI
Withdrawal and Amendment
1. Any Party may withdraw from this Convention by giving written notice to the depositary. Withdrawal shall take effect one year after receipt of such notice.2. Any Party may propose amendments to the Convention for consideration by the Committee. The text of any amendments shall be adopted by a unanimous decision. The Committee may determine the procedures for the entry into force of amendments to this Convention.
EXTRACT FROM FFC DECISIONS - MAY 1982
Harmonization Workshop Recommendations
The FFC decided on a plan for the implementation of the recommendations from the Workshop on the Harmonization and Coordination of Fisheries Regimes and Access Agreements, as follows:
A. The FFC recommends to Forum that the following action with regard to foreign fishing vessels should be taken by Forum countries, together with other participating countries:
i) A regional register of foreign fishing vessels be established at the Forum Fisheries Agency.ii) Only vessels which are accorded "good standing" status on the register be granted fishing licences in the region, in accordance with detailed arrangements to be agreed by member countries.
iii) Uniform vessel identification requirements be adopted (the international radio call sign or, in its absence, the number from the regional register).
iv) Countries acquiring information from apprehended foreign fishing vessels concerning illegal activities in other fisheries zones pass such information on to FFA for recording and informing any FFA member or observer country whose interests may be affected.
B. The FFC recommends to Forum that the following harmonized minimum standards for foreign fishing vessels access should be adopted at this stage by Forum countries, together with other participating countries:
i) Foreign fishing vessels, 20 gross registered tons or over, be required to comply with the following minimum reporting conditions while in the fisheries zone of a country in which they are licensed to fish:- Give notice to FFA of the licensing country of entry into and departure from any zone or port.- Regularly report position and catch to FFA or the licensing country.
ii) Foreign fishing vessels be required to complete standard regional tuna catch and effort log sheets, while in the fisheries zone of the licensing country, and to return such sheets directly to the regional agency (SPC) or the licensing country for processing within 45 days after completion of the voyage.
iii) Flag States or, in the absence of access agreements with flag States, the appropriate national fishermen's organizations be required in agreements to take measures to ensure compliance by their fishing vessels with coastal State laws.
iv) Provision be made for on-board observers and port calls when required by the licensing country.
v) Foreign fishing vessels navigating through ("transiting") the fisheries zone be required to have all fishing equipment on board stowed or secured in such a manner that it is not readily available to use for fishing.
NAURU AGREEMENT CONCERNING COOPERATION IN
THE MANAGEMENT OF FISHERIES OF COMMON INTEREST
The Federated States of Micronesia, the Republic of Kiribati, the Marshall Islands, the Republic of Nauru, the Republic of Palau, Papua New Guinea, and Solomon Islands:
Taking into account the work of the Third United Nations Conference on the Law of the Sea.Noting that, in accordance with the relevant principles of international law, each of the Parties has established an exclusive economic zone or fisheries zone (hereinafter respectively called "the Fisheries Zones") which may extend 200 nautical miles from the baselines from which their respective territorial seas are measured and within which they respectively and separately exercise sovereign rights for the purposes of exploring, exploiting, conserving and managing all living marine resources.
Having regard to the objectives of the South Pacific Forum Fisheries Agency Convention and in particular the promotion of regional cooperation and coordination of fisheries policies and the need for the urgent implementation of these objectives through regional or sub-regional arrangements.
Conscious of the exploitation of the common stocks of fish, both within the Fisheries Zones and in the waters adjacent thereto, by the distant water fishing nations.
Mindful of their dependence, as developing island States, upon the rational development and optimum utilization of the living resources occurring within the Fisheries Zones and, in particular, the common stocks of the fish therein.
Recognizing that only by cooperation in the management of the Fisheries Zones may their people be assured of receiving the maximum benefits from such resources.
Desirous of establishing, without prejudice to the sovereign rights of each Party, arrangements by which this may be achieved.
Have agreed as follows:
Article I
The Parties shall seek, without any derogation of their respective sovereign rights, to coordinate and harmonize the management of fisheries with regard to common stocks within the Fisheries Zones, for the benefit of their people.
Article II
The Parties shall seek to establish a coordinated approach to the fishing of the common stocks in the Fisheries Zones by foreign fishing vessels, and in particular:
(a) Shall establish principles for the granting of priority to applications by fishing vessels of the Parties to fish within the Fisheries Zones over other foreign fishing vessels.(b) Shall establish, as a minimum, uniform terms and conditions under which the Parties may license foreign fishing vessels to fish within the Fisheries Zones regarding:
i) The requirement that each foreign fishing vessel apply for and posses a licence or permit,ii) The placement of observers on foreign fishing vessels.
iii) The requirement that a standardized form of log book be maintained on a day-to-day basis which shall be produced at the direction of the competent authorities.
iv) The timely reporting to the competent authorities of required information concerning the entry, exit and other movement and activities of foreign fishing vessels within the Fisheries Zones.
v) Standardized identification of foreign fishing vessels.
(c) Seek to establish other uniform terms and conditions under which the Parties may license foreign fishing vessels to fish within the Fisheries Zones, including:
i) The payment of an access fee, which shall be calculated in accordance with principles established by the Parties.ii) The requirement to supply to the competent authorities complete catch and effort data for each voyage.
iii) The requirement to supply to the competent authorities such additional information as the Parties may determine to be necessary.
iv) The requirement that the flag State or organizations having authority over a foreign fishing vessel take such measures as are necessary to ensure compliance by such vessel with the relevant fisheries laws of the Parties.
v) Such other terms and conditions as the Parties may, from time to time, consider necessary.
Article III
The Parties shall seek to standardize their respective licensing procedures and in particular:
(a) Seek to establish and adopt uniform measures and procedures relating to the licensing of foreign fishing vessels, including application formats, licensing formats and other relevant documents.(b) Explore the possibility of establishing, without prejudice to the respective sovereign rights of the Parties, a centralized licensing system of foreign fishing vessels.
Article IV
The Parties shall seek the assistance of the South Pacific Forum Fisheries Agency in establishing procedures and administrative arrangements for the exchange and analysis of:
(a) Statistical data concerning catch and effort by fishing vessels in the Fisheries Zones relating to the common stocks of fish.(b) Information relating to vessel specifications and fleet composition.
Article V
1. The Parties shall seek the assistance of the South Pacific Forum Fisheries Agency in providing secretariat services for implementing and coordinating the provisions of this Agreement.2. An annual meeting of the Parties shall be convened preceding or following the regular session of the Forum Fisheries Committee in order to promote the implementation of this Agreement. Additional meetings may be convened at the request of three or more Parties. Such requests shall be communicated to the Director of the Forum Fisheries Agency who will inform the other Parties.
3. With the concurrence of the Parties, members of the South Pacific Forum Fisheries Agency, not Parties to this Agreement, may attend - as observers -the meetings referred to in this Article.
Article VI
The Parties shall, where appropriate, cooperate and coordinate the monitoring and surveillance of foreign fishing activities by:
(a) Arranging for the rapid exchange of information collected through national surveillance activities.(b) Exploring the feasibility of joint surveillance.
(c) Developing other appropriate measures.
Article VII
The Parties .shall seek to develop cooperative and coordinated procedures to facilitate the enforcement of their fisheries laws and shall in particular examine the various means by which a regime of reciprocal enforcement may be established.
Article VIII
Nothing contained in this Agreement shall be construed as a derogation of any of the rights and obligations undertaken by any of the Parties under the South Pacific Forum Fisheries Agency Convention or any other international agreement in effect on the date on which this Agreement enters into force.
Article IX
The parties shall conclude arrangements where necessary to facilitate the implementation of the terms and to attain the objectives of this Agreement. The Parties concluding such arrangements shall lodge copies with the depositary of this Agreement.
Article X
1. This Agreement shall be open for signature by the States named in the preamble hereto and shall be subject to ratification.2. This Agreement shall enter into force 30 days following receipt by the depositary of the fifth instrument of ratification. Thereafter it shall enter into force for any signing or acceding State 30 days after receipt by the depositary of an instrument of ratification or accession.
3. This Agreement shall be deposited with the Government of Solomon Islands which shall be responsible for its registration with the United Nations.
4. Following entry into force, this Agreement shall be open for accession by other States with the concurrence of all of the Parties to this Agreement.
5. Reservations to this Agreement shall not be permitted.
Article XI
1. This Agreement is a binding international agreement concluded among States and is governed by international law.2. Any Party may withdraw from this Agreement by giving written notice to the depositary. Withdrawal shall take effect one year after receipt of such notice.
3. Any amendments to this Agreement proposed by a Party shall only be adopted by unanimous decision of the Parties.
In witness whereof the undersigned, duly authorised by their respective Governments, have signed the Agreement.
Done at Nauru, this 11th day of February, One Thousand Nine Hundred and Eighty Two.
For the Government of the Federated States of Micronesia
For the Government of the Republic of Kiribati
For the Government of the Marshall Islands
For the Government of the Republic of Nauru
For the Government of the Republic of Palau
For the Government of Papua New Guinea
For the Government of Solomon Islands
M-43
ISBN 92-5-101422-1
