Preparation of this document

This is the final version of the report approved on 16 July 2004 in Seychelles by the Fourth Intergovernmental Consultation on the Establishment of a Southwest Indian Ocean Fisheries Commission. This document was prepared by the FAO Subregional Office for Southern and East Africa.

Distribution:

Participants in the Session
Other interested nations and international organizations
FAO Fisheries Department
Fishery Officers in FAO Regional Offices

Opening of the session

1. The fourth Intergovernmental Consultation on the establishment of a Southwest Indian Ocean Fisheries Commission was held at the Mahe Beach Resort, Port Glaud, from 13 to 16 July 2004 at the kind invitation of the Government of the Republic of Seychelles.

2. The Consultation was attended by delegates from Australia, European Community, France, Kenya, Madagascar, Mauritius, Mozambique, New Zealand, Seychelles, the United Republic of Tanzania and Yemen. Representatives of the Indian Ocean Tuna Commission (IOTC) and the South West Indian Ocean Fisheries Project (SWIOFP) were observers to the meeting. The list of delegates and observers is given in Appendix C.

3. The Minister of Environment and Natural Resources, the Honourable Ronny Jumeau, welcomed the delegates to Seychelles and officially opened the Consultation. The statement of the Honourable Minister is attached as Appendix D to the report.

4. During the opening ceremony, Mr Benedict Satia, Chief of the International Institutions and Liaison Service made a statement on behalf of the Director-General of FAO, Mr Jacques Diouf, the Assistant Director - General, Fisheries Department, Mr Ichiro Nomura, and the Subregional Representative for Southern and East Africa, Ms Victoria Sekitoleko.

5. Mr Satia recalled that the Consultation was based on FAO Council Resolution 1/116 of June 1999 which noted the wishes of the former Southwest Indian Ocean Committee and authorized the Director-General to convene ad hoc meetings to facilitate the establishment of a regional fishery body. He outlined the important outcomes from the last consultation that was held in Kenya in January 2004. At that Consultation it was agreed that a regional body for the management and development of coastal fisheries with advisory powers only, should be set up under Article VI of the FAO Constitution. For the high seas, it was agreed that there should be a separate instrument, outside of the FAO, with the power to take binding decisions on conservation and management measures. He informed that the draft text of a regional fishery body for coastal fisheries had been finalised as a culmination of several years of negotiation and discussion in response to the wishes of the coastal States of this region. Mr Satia invited delegates to the current Consultation to continue work on developing an instrument or arrangement for the high seas and expressed the wish that it would come up with novel, cost-effective and proactive options for the protection of these fisheries resources and the maintenance of their biodiversity through proper management and rational exploitation.

Adoption of the agenda and arrangements for the session

6. The permanent chairperson, Ms Fuensanta Candela-Castillo (European Community) conducted the election of the office bearers. The following office bearers were elected unanimously for this consultation:

7. The agenda shown in Appendix A was adopted. The documents made available to the Consultation are listed in Appendix B.

8. The delegation of Mauritius made a reservation on the possibility for a State to become a party to any instruments from this consultation on behalf of the Chagos Archipelago and Tromelin which form part of the State of Mauritius as asserted by it over the years and as specified in the Constitution of the Republic of Mauritius.

9. In response to the delegation of Mauritius, the delegation of France made a statement specifying that it participates actively in the Intergovernmental Consultation on the high seas and in the establishment of the commission for the management of coastal fisheries, as a coastal State for the Indian Ocean islands under its sovereignty and which are not covered by the European Union Treaties. This includes, in particular, the island of Tromelin.

Follow-up actions to the third intergovernmental Consultation

10. As requested at the last Consultation, the Chairperson provided an initial draft of the instrument for the high seas that was circulated to the Secretariat and members of the Drafting Committee. The Chairperson used the comments received from the Drafting Committee and Secretariat (SAFR/DM/SWIO2/04/4) and produced the draft Agreement contained in document SAFR/DM/SWIO2/04/3.

11. The Consultation was informed that New Zealand had provided a contribution to the Seychelles towards host preparations for the Fourth Consultation, following initial contact through the Secretariat. The European Community had also provided a contribution to FAO towards the organization of the Fourth Consultation. The Consultation expressed its gratitude to New Zealand and the European Community for their generous contribution.

Adoption of a "Draft Resolution and Statutes on the South West Indian Ocean Fisheries Commission" for Submission to the FAO Council for Approval

12. The Legal Adviser, Mr Gerald Moore, noted that two provisions had been left in brackets at the Nairobi Consultation, on which he had consulted the FAO Legal Office. On the issue of the Area of Competence of the new Commission, the Legal Office had advised that the northern limits of the Area of Competence of both the proposed new Article VI Commission and the proposed new high seas fisheries Agreement coincided with the sub-area of Statistical area 51. Noting also that the alternative boundary suggested would include a very substantial part of the Gulf of Aden, which has different characteristics, and for which separate fisheries management institutions might very well be proposed in the near future, the Legal Office had advised that the Area of Competence of the proposed Article VI body should remain as originally drafted, i.e. to follow the parallel 10° 00’ N. It should be noted that the delimitation of the Area of Competence should not be interpreted in any way as having implications with respect to the sovereignty and national integrity of any State and the extent of their claims of national jurisdiction. On the second issue of participation of national NGOs, the Legal Office had advised that it was the established practice of the Organization that national non-governmental organizations, if they were to attend meetings of the Commission, should do so as part of national delegations. Article 8.3 should therefore, in its opinion, provide only for separate participation on request by international non-governmental organizations.

13. The Legal Adviser then outlined the process that would be followed for the establishment of the proposed new South West Indian Ocean Fisheries Commission under Article VI.1 of the FAO Constitution. The draft Resolution and Statutes, once adopted by the Consultation, would be referred by the Director-General to the next session of the FAO Committee on Constitutional and Legal Matters (CCLM), which will meet in Rome in October 2004. The CCLM would then refer the draft Resolution and Statutes to the next session of the FAO Council, which is scheduled to meet in Rome in November 2004 for adoption. At that point, the Commission would be legally established. After the Council session, the coastal States of the region will be notified of the outcome, by Circular State Letter, and, as appropriate, requested to communicate their interest in being considered members of the new Commission to the Director-General.

14. The draft Statutes do not provide for withdrawal from the new Commission. However, it would be open to any member to send a written notification to the Director-General at any time indicating that it did not wish to continue to be considered members of the Commission. Similarly the draft Statutes do not provide for amendments to the Statute. This would not preclude the Commission from recommending amendments to it Statutes, for consideration and adoption by the Council at future sessions. Matters such as the convening of Meetings of the Commission, venue of meetings, etc. would be covered in the Rules of Procedure, which the Commission would be asked to adopt at its first meeting.

15. The Consultation proceeded to make final editorial revisions and then unanimously adopted the draft Resolution and Statutes for the establishment of the South West Indian Ocean Fisheries Commission for submission to the FAO Council for approval. The text of the Resolution and Statutes is attached in Annex E.

Report of the Drafting Committee

16. Australia, New Zealand and the FAO Secretariat had provided detailed comments on the Agreement. The European Community had provided comments of a more general and procedural nature. The chairperson of the Drafting Committee, Ms Fuensanta Candela-Castillo, outlined the process by which these comments had been incorporated in the draft text of the Southern Indian Ocean Fisheries Agreement which was placed before the Consultation as document SAFR/DM/SWIO2/04/3.

Review of the Draft Text of an Instrument for the High Seas

17. The Consultation carried out a first reading of the draft text of an instrument for the high seas. The results of these discussions are reflected in Annex F. The Consultation agreed that there were certain inconsistencies that the Chairperson and the Legal Adviser would attempt to resolve with the help of a Drafting Committee with a view to preparing a text in good time for the next Consultation.

Interim arrangements for the High Seas Agreement including information, data management and secretarial support

18. Mr R. Shotton (FAO) was invited to review the discussions of the ad hoc Meeting on the Management of Deepwater Fisheries of the Southern Ocean, held on Sunday 11 July 2004 (SAFR/DM/SWIO/04/7).

19. It was noted that fishing activity was much reduced, possible to only 6 to 10 boats on a seasonal basis, compared with the peak of >40 vessels that were active at the start of the fishery in 1999 - 2000.

20. It appears that many stocks of the known stocks of longer lived species, such as orange roughy and oreos, were considerably reduced, though market conditions and current costs contribute to making fishing for these species in such distant waters unprofitable at this time. It was noted that many early operators made only a limited number of voyages, and some only one. Many were reported as unprofitable.

21. The fishery is now supported by shorter-lived and therefore more biologically-productive species such as alfonsinos and boar fishes and a number of other species that were of minor importance. The extent of these resources in the area is not known.

22. Major concern was expressed that catch and effort data recorded by companies might be lost as many companies no longer have an interest in operating in the area. Further, most countries that now have legislation requiring disclosure of fishing details of national vessels when operating on the high seas (Australia, Namibia, New Zealand and South Africa) did not have such regulations in place at the start of the fishery and may be unable to insist that such information be disclosed. It was agreed that vigorous efforts should be made to secure such information.

23. The importance of data recording by port States in which catches were discharged or transhipped was stressed. It was noted that some port States were collecting such information but improvements are possible to ensure that adequate detail was captured especially in regard of the type of product (whole, headed and gutted, etc.)

24. It was noted that previous ad hoc meetings had documented what data should be collected and it was agreed that further efforts should be made to ensure this happened by contacting relevant fisheries departments. The benefits from using marine observers was noted as the only means of collecting some types of information

25. The difficulties involved in establishing modalities for national provision of data were noted. National confidentiality requirements in at least two countries would restrict the manner in which data could be provided particularly in the absence of a legal framework in which to do so. One delegation reported that many years were required to negotiate the conditions of provision of data in the case of one regional fisheries body. In this case it was noted that some data on catches, number of tows, etc. could be provided but not detailed tow information.

26. It was also noted that given the short duration of the most recent orange roughy fishery, insufficient information existed to enable satisfactory stock assessments but by using knowledge gained from similar fisheries elsewhere precautionary total allowable catches could be determined at least for the provisional data recording areas that had been determined by the Second Ad Hoc Technical Meeting on Deepwater Resources in the Southern Indian Ocean, Fremantle, 2002.

Data Storage and Data Handling

27. Mr Shotton introduced paper SAFR/DM/SWIO/04/6, which reviewed options for information and data management for a high seas agreement. Options had been proposed by FAO and the IOTC and an indicative costing by the Ministry of Fisheries in New Zealand. Two requirements were noted: (a) data handling and archiving and (b) provision of web services.

28. It was stressed that in the view of some, the future requirements of the Commission had not yet been sufficiently determined to provide the basis for provision of accurate cost estimates. The offer of FAO included provision of costs to cover web development costs. It was noted that the IOTC already has much of the software that would be needed, such as restricted access procedures and agreements, and this might be available at no cost.

29. In the event that only a limited number of vessels would be involved (= 10) the IOTC should be able to handle processing and storage of such data at a nominal cost. If additional costs were involved, such labour was available in the region of US$10 000/yr. Should more extensive services be required, permission to provide such services would have to be given by the Commission itself.

30. It was noted that the New Zealand practice was to supervise such services which were contracted out. Costs estimated to be around US$60 000 for the first year and US$40 000 subsequently. FAO had estimated around US$100 000 for a full web service in the first year and US$48 900 subsequently.

31. It was agreed that a minimum framework should be established that defined the data requirements and handling needs for consideration at the next meeting as the meeting was not at a stage where a sensible assessment could be done. This action should provide a basis for proceeding in the future.

32. It was agreed that a Resolution be drafted to convey to relevant countries the importance of capturing and archiving past data and recording data of ongoing fishing operations in an effort to better understand and manage the high seas non-tuna resources. The Consultation adopted the Resolution which is given in Annex G concerning the collection and handling of information and data.

33. Some countries expressed concern about the apparent exclusion of areas north of those shown on the plan of proposed data recording areas, but the absence of resource information was noted. The Consultation added an additional reporting area to the north (Annex G).

34. There was considerable discussion regarding the nature of secretariat services that would be required and how they might be provided. In general it was noted that it was not possible to go beyond a general discussion at this time as no agreement had been reached on what services would be required. It was noted that in the interim the IOTC might handle data management activities.

35. The SWIOFP coordinator reported on the activities of the project. The Consultation noted these achievements and encouraged the coordinator and those involved in the project to contribute through research in the responsible fisheries management of the region.

36. The Consultation recognised the significant contribution of the Ad hoc Technical Consultations on deepwater fisheries of the Southern Ocean and agreed that it is desirable that this activity continue. However, to be productive it was noted that there would be little merit in meeting until significant catch and effort data were forthcoming.

Other matters

37. Following the statement of France, Mauritius re-iterated its statement on the issue of sovereignty over the Chagos Archipelago and Tromelin

Follow-up actions

38. The Consultation requested the Chairperson and FAO to take the appropriate action with regard to the Resolution given in Annex G.

39. The Consultation invited Members to review the draft High Seas Agreement with their competent authorities to ensure expeditious action at the next Intergovernmental Consultation.

40. The Consultation noted that an FAO/SIDA project to promote responsible fisheries in the region in support of the Southwest Indian Ocean Fisheries Commission that had been presented at an informal meeting of coastal States would be submitted for funding under the FAO Technical Cooperation

Date, place and arrangements for subsequent meetings

41. The Consultation was informed by the Kenyan delegate that Kenya had offered to host the first meeting of the FAO/SIDA project which would take place at the same time as the first meeting of the SWIOFC in Mombasa in January 2005. In the spirit of having back to back Consultations, the Kenyan delegate offered to also hold the next Intergovernmental Consultation on the Establishment of a High Seas Instrument in Kenya at the same time. It was noted that Kenya welcomed contributions to assist towards the cost of hosting this Consultation.

42. Mozambique offered to act as alternate host to Kenya for the next Intergovernmental Consultation in which case it would be held in Maputo, in March 2005. Mozambique would also welcome contributions to assist towards the cost of hosting the Consultation in the event that it were not possible to hold the Consultation in Kenya in January 2005.

43. The Consultation agreed that the next Intergovernmental Consultation will be organized by interested parties outside the formal framework of FAO and that FAO would be invited to participate.

Adoption of the report

44. The report was adopted on 16 July 2004 at Berjaya Mahe Beach, Port Glaud, Seychelles at the close of the Consultation.

Appendixes

A. Agenda

1. Opening of the session

2. Adoption of the agenda and arrangements for the session

3. Follow-up actions to the third Intergovernmental Consultation

4. Adoption of a "Draft Resolution and Statutes on the South West Indian Ocean Fisheries Commission" for submission to the FAO Council for approval

5. Report of the Drafting Committee

6. Review of the Draft Text of an Instrument for the High Seas

7. Interim arrangements for the High Seas Agreement including information, data management and secretarial support

8. Other matters

9. Follow-up actions

10. Date, place and arrangements for subsequent meetings

11. Adoption of the report

B. List of documents

C. List of participants

Australia/Australie

TALBOT John
Manager
Aquaculture and International Fisheries
Australian Government Dept. of Agriculture, Fisheries and Forestry
PO Box 858, Barton ACT 2601
Fax: (61 2) 62724875
Tel.: (61 2) 6272 3847
E-mail: [email protected]

BOUWHUIS Stephen
Principal Legal Officer
Office of International Law
Robert Garran Offices
Barton ACT 2602
Fax: (61 2) 6250 5931
Tel.: (61 2) 6250 6071
E-mail: [email protected]

European Commission/Communauté européenne

Ms CANDELA-CASTILLO Fuensanta
Head of Delegation
Principal Administrator
200, rue de la Loi
B-1049 Brussels, Belgium
Fax: (32 2) 2955700
Tel.: (32 2) 2957753
E-mail: [email protected]

EKWALL Staffan
Principal Administrator
200, rue de la Loi B-1049
Brussels, Belgium
Fax: (322 2) 2955700
Tel.: (32 2) 2996 907
E-mail: [email protected]

France

SILVESTRE Daniel
Chargé de mission
Secrétariat général de la Mer,
Services du Premier Ministre
16 Boulevard Raspail 75007
Paris,
Fax: (33 1) 53634178
Tel.: (33 1) 53634153
E-mail: [email protected]

Kenya

Ms GITONGA Nancy K.
Director
Fisheries Department
PO Box 58187
Nairobi,
Fax: (254) 203744530
Tel.: (254) 20 3744530, 3742320/49
E-mail: [email protected]
[email protected]

Ms NKOROI Juster
State Counsel
Office of Attorney-General
PO Box 40112
Harambee Avenue
Nairobi,
Tel.: (254) 02227461
E-mail: [email protected]

Madagascar

RAKOTONDRASOA Marcel Joseph
Chef de Service de la promotion de la pêche artisanale et traditionnelle
Direction de la pêche et des ressources halieutiques, PO Box 1699
Antananarivo-101
Tel.: (261) 331427830
E-mail: [email protected]

Mauritius/Maurice

MUNBODH Munesh
Chief Fisheries Officer
Ministry of Fisheries
4th Floor, LICI Building
Port Louis
Fax: (230) 2081929
Tel.: (230) 2087989
E-mail: [email protected]

BHAUKAURALLY Shaheed
Asst. Solicitor General
Attorney General's Office
R. Seeneevassen Building,
Jules Koenig St.
Port Louis
Fax: (230) 2126742
Tel.: (230) 2128417
E-mail: [email protected]

Mozambique

BILA Rodrigues Armando
Permanent Secretary
Ministry of Fisheries
PO Box 1723
Rua Consiglieri Pedroso 347
Maputo
Fax: (258 1) 325087
Tel.: (258 1) 300961
E-mail: [email protected]

Ms LICHUCHA Ivone Delfina
Chief of Department
Ministry of Fisheries
PO Box 1723
Rua Conseglieri Pedroso, 347
Maputo
Fax: (258 1) 325087
Tel.: (258 1) 431266
E-mail: [email protected]

Ms DENGO Angelica
Chief of Department
Ministry of Fisheries
PO Box 1727
Rua Consiglieri Pedroso, 347
Maputo
Fax: (258 1) 325087
Tel.: (258 1) 431266
E-mail: [email protected]

RUSSO DE SA Joaquim
National Director
Fisheries Research Institute
PO Box 4603
Maputo
Fax: (258 1) 492112
Tel.: (258 1) 490406
E-mail: [email protected]

New Zealand/Nouvelle-Zélande

Ms WATERHOUSE Emma
Senior International Advisor
Ministry of Fisheries
PO Box 1020
Wellington
Fax: (64 4) 470 2669
Tel.: (64 4) 470 2644
E-mail: [email protected]

Ms LAURENSON Amy
Legal Advisor
Ministry of Foreign Affairs
PO Box 18-901
Wellington
Fax: (64 4) 4398103
Tel.: (64 4) 4398340
E-mail: [email protected]

ANNALA John
Chief Scientist
Ministry of Fisheries
PO Box 1020
Wellington
Fax: (64 4) 4948261
Tel.: (64 4) 4948258
E-mail: [email protected]

Seychelles

PAYET Rondolph
Managing Director
Seychelles Fishing Authority
PO Box 449
Fishing Port
Victoria
Fax: (248) 224508
Tel.: (248) 670312
E-mail: [email protected]

Ms HARRISON Claudette
Second Secretary
Ministry of Foreign Affairs
PO Box 656
Victoria
Fax: (248) 224845
Tel.: (248) 283508
E-mail: [email protected]

REMIE Selby
Director Conservation Section
Ministry of Environment & National Resources
PO Box 445
Botanical Gardens
Victoria
Fax: (248) 224500
Tel.: (248) 224644
E-mail: [email protected]

ROBINSON Jan
Ag. Manager Artisanal Fisheries Research
Seychelles Fishing Authority
PO Box 449
Victoria
Fax: (248) 224508
Tel.: (248) 670300
E-mail: [email protected]

AZEMIA Roland
Senior Fisheries Research Technician
Seychelles Fishing Authority
PO Box 449
Victoria
Fax: (248) 224508
Tel.: (248) 670343
E-mail: [email protected]

ANDRE Clifford
Captain
Seychelles Coast Guard
PO Box 257
Victoria
Fax: (248) 224665
Tel.: (248) 710363
E-mail: [email protected]

Ms LAPORTE Fiona
State Counsel
Department of Legal Affairs Seychelles
c/o Department of Legal Affairs
National House
Victoria
Tel.: (248) 512800
E-mail: [email protected]

BIJOUX Jude
Manager
Seychelles Centre for Marine Research and Technology – Marine Parks
Authority
PO Box 1240
Victoria
Fax: (248) 225115
Tel.: (248) 224388
E-mail: [email protected]

United Republic of Tanzania/République-Unie de Tanzanie

MAPUNDA Raphael
Ag. Director of Fisheries
Ministry of Natural Resources & Tourism
PO Box 2462
Dar-es-salaam
Fax: (255) 2110352
Tel.: (255) 2122930

Yemen

AL SAGHIRY Mahmood
Deputy Minister
Ministry of Fish Wealth Yemen
Sanaa
Fax: (9671) 268581
Tel.: (9671) 268581
E-mail: [email protected]

ALRED Abdullaamed
General Manager of OFF's Minister
Ministry of Fish Wealth Yemen
Sanaa
Tel.: (9671) 268587

BAHWEL Saleh Mohammed
General Manager of Fish Canning Factory
Ministry of Fish Wealth Yemen
Hadracmoot Mukalla,
Fax: (9675) 303439
Tel.: (9675) 306352/9677 3785555
E-mail: [email protected]

OBSERVERS/OBSERVATEURS

Indian Ocean Tuna Commission

ANGANUZZI Alejandro
Executive Secretary
Indian Ocean Tuna Commission
PO Box 1011
Victoria, Mahe
Fax: (248) 224364
Tel.: (248) 225494
E-mail: [email protected]

South West Indian Ocean Fisheries Project

Ms BALOI Ana Paula
SWIOFP
PO Box 4603
Av. Mao Tse Tung, 389
Maputo, Mozambique
Fax: (258) 1 492 112
Tel.: (258) 1 490 406
E-mail: [email protected]

FOOD AND AGRICULTURE ORGANISATION OF THE UNITED NATIONS/ORGANISATION DES NATIONS UNIES POUR L’ALIMENTATION ET L’AGRICULTURE

SATIA Benedict
Chief/Chef
International Institutions and Liaison Service/Service des institutions internationales et de liaison
Fishery Policy and Planning Division/Division des politiques et de la planification de la pêche
Fisheries Department/Département des pêches
Rome, Italy/Italie
Fax: (39 06) 5705 6500
Tel.: (39 06) 5705 2847
E-mail: [email protected]

MOORE Gerald
Legal Adviser/Conseiller légal
Via Dei Ceraseti 23, Marino,
Rome, Italy/Italie
Fax: (39 06) 5705 4408
Tel.: (39 06) 5705 3476
E-mail: [email protected]

HARRIS Aubrey
Senior Fishery Officer/Fonctionnaire principal des pêches
Subregional Office for Southern and East Africa/Bureau sous-régional pour l’Afrique australe et orientale
PO Box 3730
Harare, Zimbabwe
Fax: (263 4) 700724, 703497
Tel.: (263 4) 253655, 253657
E-mail: [email protected]

SHOTTON Ross
Senior Fishery Resources Officer/Fonctionnaire principal (ressources halieutiques)
Marine Resources Service/Service des ressources marines
Fishery Resources Division/Division des ressources halieutiques
Fisheries Department/Département des pêches
Viale delle Terme de Caracalla
00100 Rome, Italy/Italie
Fax: (3906) 57056481
Tel.: (3906) 57053020
E-mail: [email protected]

SSENTONGO George
Fishery Officer/Fonctionnaire des pêches
Subregional Office for Southern and East Africa/Bureau sous-régional pour l’Afrique australe et orientale
PO Box 3730
Harare, Zimbabwe
Fax: (263 4) 700724, 703497
Tel.: (263 4) 253655, 253657
E-mail: [email protected]

Ms POUSSE Valérie
Translator/Traductice
Meeting Programming and Documentation Service/Service de programmation et de documentation des réunions
Rome, Italy/Italie
Fax: (39 06) 5705 6241
Tel.: (39 06) 5705 3017
E-mail: [email protected]

Ms CHAGONDA Grace
Programme Assistant/Assistante de programme
Subregional Office for Southern and East Africa/Bureau sous-régional pour l’Afrique australe et orientale
PO Box 3730
Harare, Zimbabwe
Fax: (263 4) 700724, 703497
Tel.: (263 4) 253655, 253657
E-mail: [email protected]

SECRETARIAT/SECRÉTARIAT

HOST GOVERNMENT/GOUVERNEMENT HÔTE

FAO

D. Speech of The Honourable Ronny Jumeau, Minister of Environment and Natural Resources, Seychelles

Madame Chairperson,
Participants,
Ladies and Gentlemen,

Good morning.

It is indeed my pleasure and an honour to welcome you all on behalf of the Government of Seychelles to the Fourth Inter-Governmental Consultation on the Establishment of a South-West Indian Ocean Fisheries Commission, the SWIOFC.

Please allow me, first, to extend our appreciation to the Food and Agriculture Organisation, the FAO, for providing financial and technical assistance to the meeting. I also thank New Zealand for assisting us in hosting and organising the meeting, and the European Union delegation for the work done on a draft instrument for the high seas.

This is our fourth inter-governmental consultation in three years, so please understand if Seychelles, as a mid-ocean small island developing State which is overwhelmingly dependent on fisheries for our economic survival, feels it is high time we have a working framework to conserve and sustainably exploit the demersal resources in the Indian Ocean.

I understand it was only this year, during the January meeting in Nairobi, Kenya, that we managed to see some light at the end of the tunnel and reached consensus that there will be two specific management instruments for the region, with linkages between the two.

One will be for the management and development of coastal resources that fall under the national jurisdiction of South-West Indian Ocean coastal States and which, as has been pointed out by Dr Satia, will be an advisory body only. Agreement on this has been all but finalised.

The other management instrument will be for the deep sea demersal fishery on the high seas. This will be created outside the FAO system and any conservation and management measures agreed upon will be binding. I understand, however, there is still some way to go on this.

In the context of our coastal resources, there are indications, Seychelles included, that the exploitation of many fish stocks have already reached, or have exceeded their sustainable yield, or have even been depleted.

For most of us here today, our coastal fisheries represent food security, employment and a source of foreign exchange earnings. We therefore hope the instrument for coastal States will promote responsible fisheries in the region and further cooperation in fisheries management such as in stock assessment, sustainable fisheries development and monitoring, control and surveillance.

It of course goes without saying that the resources in the high seas also need to be effectively and sustainably managed to eliminate any illegal, unregulated and unreported fisheries, as well as to protect the biodiversity of these areas, especially the sea mounts.

Seychelles has naturally been particularly concerned with the status of deep sea demersal resources in the Western Indian Ocean for some time now, given our heavy dependence on fisheries and our strategic location in terms of fisheries management, conservation and exploitation, within the region.

Extracting wealth from fisheries resources has always been a potential source of tension and even dispute among fishing nations. This is especially so when those resources are situated in waters outside the national jurisdictions of our countries.

For make no mistake about it, it is our countries which will be the first to suffer the consequences of unregulated exploitation within our region, it is our countries which will suffer the consequences the heaviest, and it is our countries which will continue to suffer such consequences long after the stocks have collapsed and the fleets which destroyed them have moved on to yet another unregulated species ripe for plunder.

So, if no country or group of countries can be said to be responsible for deep sea resources or at least has legal rights to manage them, there is definitely a real risk of depletion. In fact, this is already happening with many stocks in the Indian Ocean, where in just a couple of years unregulated fishing has reduced newly discovered fisheries to well below the sustainable level.

The orange roughy is a particular example. Because the fishery is little-known and is taking place on sea mounts in high seas beyond national jurisdictions, it has been recklessly exploited. The stocks have now largely disappeared, as we may have acted too late.

I am sure we all agree we should not have to wait for more such examples before we conclude an agreement for high seas deep sea resources. Could we not, at least, introduce interim voluntary measures or draft resolutions, such as on data collection on high seas resources, which could then be formalised once agreement is finally reached?

As I have already stressed, we cannot afford to delay any further: we need to eliminate irresponsible fishing, before it eliminates the very stocks and resources which it exploits.

So going beyond what you aim to achieve over the next couple of days, which is a resolution to the FAO Council and finalisation of the statutes for a regional body for the management and development of coastal fisheries, I would urge you to ensure we actually have a working management system by next year for all demersal resources in the region, pending finalisation of the high seas agreement.

For it is only when we have both these instruments under our belt, that we will at last be able to pull in the same direction of meeting the objectives of sustainable fisheries in the region.

This is not just some abstract concept of solidarity between countries; it is the difficult daily realities of how we provide jobs to, and sustain the livelihoods of our fishing communities and those populations they help feed today, while maintaining adequate fish stocks for our children and grandchildren tomorrow.

I wish you all fruitful deliberations on reaching agreement on the instruments before us, for even as we speak, even as we consult and negotiate, the marine riches of our very own ocean are being depleted under our very own noses.

Thank you.

E. Resolution and Statutes of the South West Indian Ocean Fisheries Commission

COUNCIL RESOLUTION

The Council

NOTING the wishes expressed to the FAO Council at its One Hundred and Sixteenth Session in June 1999 by the former members of the Committee for the Development and Management of Fisheries Resources in the South West Indian Ocean, i.e. Comoros, France, Kenya, Madagascar, Mauritius, Mozambique, Seychelles, Somalia and Tanzania, for the establishment of a regional organization to promote the sustainable development, conservation, rational management and best utilization of fisheries resources in the region with special emphasis on fisheries targeted at non-tuna species;

TAKING INTO CONSIDERATION that the coastal States have established areas of national jurisdiction in accordance with the United Nations Convention on the Law of the Sea of 10 December 1982, and general principles of international law, in the exercise of their sovereign rights for the purpose of exploring and exploiting, conserving and managing the living marine resources in those areas;

NOTING the objectives and purposes stated in Chapter 17 of Agenda 21 adopted by the United Nations Conference on Environment and Development in 1992;

RECOGNIZING the relevant provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 and taking into account the Code of Conduct for Responsible Fisheries, 1995;

RECOGNIZING FURTHER the economic and geographical considerations and the special requirements of developing States, including small island developing States, and their coastal communities, for equitable benefit from living marine resources;

RECOGNIZING FURTHERMORE that the coastal States in the region face common or similar problems in the development and proper utilization of the fisheries resources in their coastal waters, and need a mechanism for international cooperation in facing these common or similar problems, which would be furthered by the establishment of an advisory commission on fisheries management and development;

Hereby establishes under Article VI.1 of the Constitution of the Organization a fisheries advisory commission to be known as the South West Indian Ocean Fisheries Commission, the statutes of which shall be as follows:

STATUTES

OF THE

SOUTH WEST INDIAN OCEAN FISHERIES COMMISSION

1. Area of competence

The area of competence of the Commission shall be all the waters of the South West Indian Ocean within the national jurisdiction of coastal States within the area of competence, being all waters of the Indian Ocean bounded by a line drawn as follows: from a point on the high water mark on the East African coast at latitude 10°00 N, thence due east along this parallel to the longitude 65°00 E, thence due south along this meridian to the equator, thence due east along this parallel to the longitude 80°00E, thence due south along this meridian to a parallel 45°00 S, thence due west along this parallel to the longitude 30°00 E, thence due north along this meridian to the coast of the African Continent, as shown in the map in the Annex to these Statutes.

2. Species

The Commission shall cover all living marine resources, without prejudice to the management responsibilities and authority of other competent fisheries and other living marine resources management organizations or arrangements in the area.

3. Membership

The Commission shall be composed of such Members and Associate Members of the Organization that are coastal States whose territories are situated wholly or partly within the area of the Commission and that notify in writing to the Director-General their interest in becoming a member of the Commission.

4. Objectives and functions of the Commission

Without prejudice to the sovereign rights of coastal States, the Commission shall promote the sustainable utilization of the living marine resources of the area of the Commission, by the proper management and development of the living marine resources, and address common problems of fisheries management and development faced by the Members of the Commission. To this end the Commission shall have the following functions and responsibilities:

(a) to contribute to improved governance through institutional arrangements that encourage cooperation amongst members;

(b) to help fishery managers in the development and implementation of fishery management systems that take due account of environmental, social and economic concerns;

(c) to keep under review the state of the fishery resources in the area and the industries based on them;

(d) to promote, encourage and coordinate research related to the living marine resources in the area and draw up programmes required for this purpose, and to organize such research as may be necessary;

(e) to promote the collection, exchange, dissemination and analysis or study of statistical, biological, environmental and socio-economic data and other marine fishery information;

(f) to provide a sound scientific basis to assist Members in taking fisheries management decisions;

(g) to provide advice on management measures to member governments and competent fisheries organizations;

(h) to provide advice and promote co-operation on monitoring, control and surveillance, including joint activities, especially as regards issues of a regional or sub-regional nature;

(i) to encourage, recommend and coordinate training in the areas of interest of the Commission;

(j) to promote and encourage the utilization of the most appropriate fishing craft, gear, fishing techniques and post harvesting technologies;

(k) to promote liaison with all competent institutions within the area served by the Commission and adjacent waters, including in particular any agreement or arrangement for the management and conservation of the high seas non-tuna fisheries resources of the Southern Indian Ocean, the Indian Ocean Tuna Commission, the South East Atlantic Fisheries Organization and the Commission for the Conservation of the Antarctic Marine Living Resources;

(l) to seek funds and other resources to ensure the long term operations of the Commission;

(m) to draw up its plan of work;

(n) to carry out such other activities as may be necessary for the Commission to achieve its objectives, as defined above.

5. General principles

The Commission shall have due regard to and promote the application of the provisions of the FAO Code of Conduct on Responsible Fisheries, including the precautionary approach and the ecosystem approach to fisheries management.

6. Institutions

1. Meetings of the Commission shall be held at least once every two years, taking into account the provisions of Article 10 below.

2. The Commission shall establish a Scientific Committee to consider the state of fisheries in the area of competence and to advise on the scientific basis for possible regulatory measures to be considered for adoption by the members of the Commission. The Commission shall define the functions of the Scientific Committee.

3. The Commission may establish, on an ad hoc basis, such other committees or working parties as it may consider necessary on problems of major importance or of a specialized nature.

4. The establishment of any subsidiary body shall be subject to the determination by the Director-General that the necessary funds are available in the relevant chapter of the budget of the Organization. Before taking any decision involving expenditure in connection with the establishment of subsidiary bodies the Commission must have before it a report from the Director-General on the administrative and financial implications thereof.

7. Reporting

The Commission shall submit to the Director-General reports on its activities and recommendations at such appropriate intervals as to enable the Director-General to take them into consideration when preparing the draft Programme of Work and Budget of the Organization and other submissions to the Conference, Council or Committees of the Council. The Director-General shall bring to the attention of the Conference through the Council recommendations adopted by the Commission which have policy implications or which affect the programme or finances of the Organization. Copies of each report of the Commission shall be circulated to Members of the Commission and to other Member Nations and Associate Members of the Organization and international organizations for their information as soon as they become available.

8. Observers

1. Any Member Nation or Associate Member of the Organization that is not a member of the Commission may, upon its request, be represented in an observer capacity at meetings of the Commission.

2. States which, while not Members of the Organization, are members of the United Nations, any of its Specialized Agencies or the International Atomic Energy Agency may, upon their request, and with the approval of the Commission be represented in an observer capacity in accordance with the provisions adopted by the Conference of the Organization relating to the granting of observer status to Nations.

3. The Commission shall provide for the participation of intergovernmental and, on request, international non-governmental organizations having special competence in the field of activity of the Commission in its meetings as observers in accordance with its Rules of Procedure.

4. Participation of international organizations in the work of the Commission and relations between the Commission and such organizations shall be governed by the relevant provisions of the Constitution and General Rules of the Organization as well as the rules on relations with international organizations adopted by the Conference and Council of the Organization.

9. Rules of Procedure

The Commission may adopt and amend its own rules of procedure which shall be in conformity with the Constitution and General Rules of the Organization and with the Statement of Principles Governing Commissions and Committees adopted by the Conference. The rules of procedure and amendments thereto shall come into force upon approval by the Director-General.

10. Cooperation with any agreement or arrangement for the management and conservation of the high seas fisheries resources of the Southern Indian Ocean

The Commission, acting through the Director-General, shall establish close working relations with any agreement or arrangement for the management and conservation of the high seas fisheries resources of the Southern Indian Ocean. Such working relations shall in particular:

(i) provide, as far as possible, for the holding of back to back meetings with any such agreement or arrangement;

(ii) ensure, as far as possible, the informed and effective participation of members of the Commission that are Contracting Parties to any such agreement or arrangement in meetings of such agreement or arrangement;

(iii) ensure that the Commission is adequately informed on the activities of any such agreement or arrangement.

F. Draft Southern Indian Ocean Fisheries Agreement (SIOFA)

The Contracting Parties

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

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

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

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

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

DESIRING cooperation between the coastal States and with all other States, Organisations and Fishing Entities having a interest in the fishery resources of the Southern Indian Ocean to ensure compatible conservation and management measures;

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

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

Agree as follows:

ARTICLE 1 - DEFINITIONS

For the purposes of this Agreement:

(a) "1993 Compliance Agreement" means the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the Food and Agriculture Organization Conference in 1993;

(b) "1982 Convention" means the United Nations Convention on the Law of the Sea of 10 December 1982

(c) "1995 Agreement" means the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks 1995;

(d) "Code of Conduct" means the Code of Conduct for Responsible Fisheries adopted by the 28^th Session of the Conference of the Food and Agriculture Organization of the United Nations in October 1995;

(e) "Contracting Party" means any State or regional economic integration organisation which has consented to be bound by this Agreement and for which the Agreement is in force;

(f) "Regional economic integration organisation" means a regional economic integration organisation to which all its Member States have transferred competence over matters covered by this Agreement, including the authority to make decisions binding on its Member States in respect of those matters;

(g) "Fishing" means:

(i) the actual or attempted searching for, catching, taking or harvesting of fishery resources;

(ii) engaging in any activity which can reasonably be expected to result in the locating, catching, taking or harvesting of fishery resources for any purpose including scientific research;

(iii) placing, searching for or recovering any aggregating device for fishery resources or associated equipment including radio beacons;

(iv) any operation at sea in support of, or in preparation for, any activity described in this definition, except for any operation in emergencies involving the health and safety of crew members or the safety of a vessel; or

(v) (v) the use of an aircraft in relation to any activity described in this definition except for flights in emergencies involving the health or safety of crew members or the safety of a vessel;

(h) "Fishing entity" means a fishing entity as referred to in Article 1.3 of the 1995 Agreement;

(i) "Fishing vessel" means any vessel used or intended for fishing, including a mother ship, any other vessel directly engaged in such fishing operations, and any vessel engaged in transshipment;

(j) "Fishery resources" means resources of fish, molluscs, crustaceans and other sedentary species within the Area, but excluding:

(i) sedentary species subject to the fishery jurisdiction of coastal States pursuant to article 77 paragraph 4 of the 1982 Convention; and

(ii) highly migratory species listed in Annex I of the 1982 Convention;

(k) "Area" means the area to which this Agreement applies, as prescribed in Article 3;

(l) "Transshipment" means unloading of all or any of the fishery resources on board a fishing vessel to another vessel whether at sea or in port.

ARTICLE 2 - OBJECTIVES

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

ARTICLE 3 - AREA OF APPLICATION

1. This Agreement applies to the Area bounded by a line joining the following points along parallels of latitude and meridians of longitude, excluding waters under national jurisdiction:

Commencing at the landfall on the continent of Africa of the parallel of (...) 10° North; from there east along that parallel to its intersection with the meridian of 65° East; from there south along that meridian to its intersection with the equator; from there east along the equator to its intersection with the meridian of 80° East; from there south along that meridian to its intersection with the parallel of 20° South; from there east along that parallel to its landfall on the continent of Australia; from there south and then east along the coast of Australia to its intersection with the meridian of 120° East; from there south along that meridian to its intersection with the parallel of 55° South; from there west along that parallel to its intersection with the meridian of 80° East; from there north along that meridian to its intersection with the parallel of 45° South; from there west along that parallel to its intersection with the meridian of 30° East; from there north along that meridian to its landfall on the continent of Africa.

2. Where for the purpose of this Agreement it is necessary to determine the position on the surface of the Earth of a point, line or area, that position shall be determined by reference to the International Terrestrial Reference System maintained by the International Earth Rotation Service, which for most practical purposes is equivalent to the World Geodetic System 1984 (WGS84).

ARTICLE 4 - GENERAL PRINCIPLES

In giving effect to the duty to cooperate in accordance with the 1982 Convention and international law, the Contracting Parties shall apply (...) in particular the following principles:

a) adopt measures based on the best scientific evidence available to ensure the long term conservation of fishery resources, taking into account the sustainable use of such resources and implementing an ecosystem approach to their management;

b) [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;]

b) [ensure that measures taken are commensurate with the sustainable use of fishery resources;]

c) apply the precautionary approach in accordance with the Code of Conduct and the 1995 Agreement[, noting that the absence of adequate scientific information shall not be used as a reason for postponing or failing to take conservation and management measures];

d) manage the stocks so that they are maintained at levels that are capable of producing the maximum [economic] sustainable yield, and rebuild depleted stocks to the said levels;

e) ensure that fishing practices and management measures take due account of the need to minimize the harmful impact of fishing activities on the marine environment;

f) protect biodiversity in the marine environment;

g) give full recognition to the special requirements of developing States bordering the Area that are party to this Agreement, and in particular the least-developed among them and small island developing States.

ARTICLE 5 - MEETING OF THE PARTIES

1. The Contracting Parties shall meet periodically to consider matters pertaining to the implementation of this Agreement and to make all decisions relevant thereto.

2. The ordinary Meeting of the Parties shall, unless the Meeting otherwise decides, take place at least once a year, and to the extent practicable, back-to-back with meetings of the South West Indian Ocean Fisheries Commission. The Contracting Parties may also hold extraordinary meetings when deemed necessary.

3. The Meeting of the Parties shall, by consensus, adopt and amend its own Rules of Procedure and those of its subsidiary bodies.

4. The Meeting of the Parties [may], by consensus, decide upon, and amend as occasion may require, financial regulations for the establishment of a budget to fund the conduct of the Meeting of the Parties and the exercise of its functions. Such regulations shall set out the criteria governing the determination of the amount of each Contracting Party’s contribution to the budget, giving due consideration to the economic status of Contracting Parties which are developing States, and in particular the least-developed among them and small island developing States and ensuring that an adequate share of the budget is borne by Contracting Parties that benefit from fishing in the Area

ARTICLE 6 - FUNCTIONS OF THE MEETING OF THE PARTIES

The Meeting of the Parties shall:

a) review the state of fishery resources, including their abundance and the level of their exploitation;

b) promote and, as appropriate, co-ordinate research activities as required, on the fishery resources and straddling stocks occurring in the Area and adjacent waters, including discarded catch and the impact of fishing on the marine environment;

c) evaluate the impact of fishing, taking into account the environmental and oceanographic characteristics of the Area, other human activities and environmental factors, on the fish resources and on the marine environment;

d) formulate and adopt conservation and management measures necessary for ensuring the long term sustainability of the fishery resources, taking into account the need to protect marine biodiversity, based on the best scientific evidence available;

e) adopt generally recommended international minimum standards for the responsible conduct of fishing operations;

f) develop rules for the collection and verification of scientific and statistical data, as well as for the submission, publication, dissemination and use of such data;

g) promote co-operation and co-ordination among Contracting Parties to ensure that conservation and management measures for straddling fish stocks in waters under national jurisdiction and measures adopted under this Agreement are compatible;

h) develop rules and procedures for the monitoring, control and surveillance of fishery activities in order to ensure compliance with conservation and management measures adopted on the basis of the present Agreement including, where appropriate, a system of verification incorporating vessel monitoring, observation and inspection; [taking into account the principles contained in articles 21 and 22 of the 1995 Agreement when developing rules concerning the boarding and inspection of vessels operating in the Area.]

i) develop and monitor measures to prevent, deter and eliminate illegal, unreported and unregulated, fishing (IUU fishing);

j) in accordance with international law and any applicable instruments, draw the attention of any non- Party, to any activities which undermine the attainment of the objectives of this Agreement;

k) establish the criteria for and rules governing participation in fishing;

l) carry out any other tasks and functions necessary to achieve the objectives of this Agreement.

ARTICLE 7 - SUBSIDIARY BODIES

1. The Meeting of the Parties shall establish a permanent Scientific Committee, which shall meet, unless the Meeting of the Parties otherwise decides, at least once a year of, and preferably prior to, the Meeting of the Parties, in accordance with the following provisions:

a) The functions of the Scientific Committee shall be:

(i) to conduct the scientific assessment of the fishery resources covered by this Agreement and the impact of fishing on the marine environment, taking into account the environmental and oceanographic characteristics of the Area, and the results of relevant scientific research;

(ii) to encourage and promote co-operation in scientific research in order to improve knowledge of the state of the fishery resources;

(iii) to provide scientific advice and recommendations to the Meeting of the Parties for the formulation of the conservation and management measures referred to in Article 6.1.d);

(iv) to provide scientific advice and recommendations to the Meeting of the Parties for the formulation of measures regarding the monitoring of fishing activities;

(v) to provide scientific advice and recommendations to the Meeting of the Parties on appropriate standards and format for fishery data collection and exchange;

(vi) any other scientific function that the Meeting of the Parties may decide.

b) In developing advice and recommendations the Scientific Committee will take into consideration the work of the South West Indian Ocean Fisheries Commission as well as that of other relevant research organizations and regional fisheries management organizations.

2. The Meeting of the Parties may also establish such temporary, special or standing committees as may be required, including a Compliance Committee, to study and report on matters pertaining to the implementation of the objectives of this Agreement, and working groups to study and recommend on specific technical problems.

ARTICLE 8 - DECISION-MAKING

1. Unless otherwise provided in this Agreement, decisions of the Meeting of the Parties and its subsidiary bodies on matters of substance shall be taken by the consensus of the Contracting Parties present, where consensus means the absence of any formal objection made at the time a decision is taken. The question of whether a matter is one of substance shall be treated as a matter of substance.

2. [With the exception of decisions made in relation to Article 5(3) (rules of procedure), 5(4) (financial regulations), and 21 (amendments) for which consensus is required, if efforts to reach a decision by consensus have been exhausted, as identified by the Chairperson, decisions shall be taken by a majority of four-fifths of the Contracting Parties present and voting. ]

3. Decisions on matters other than those referred to in paragraph 1 shall be taken by a simple majority of the Members present and voting.

4. Decisions adopted by the Meeting of the Parties are binding on all Contracting Parties.

[5. A Contracting Party that has not paid its contribution, as may be applicable, for [two consecutive contribution cycles] shall not enjoy the right to participate in the decision-making process in the Meeting of Parties until it has fulfilled its obligations, unless the Meeting of Parties decides otherwise, in the light of any special circumstances that may apply to the Contracting Party in arrears.]

ARTICLE 9 - SECRETARIAT

The Meeting of Parties [may/shall] decide on arrangements for the carrying out of secretariat services, or the establishment of a Secretariat, to perform the following functions:

a) implementing and coordinating the administrative provisions of this Agreement, including the compilation and distribution of the official report of the Meeting of the Parties;

b) maintaining a complete record of the proceedings of the Meeting of the Parties and its subsidiary bodies, as well as a complete archive of any other official documents pertaining to the implementation of this Agreement;

c) any other function that the Meeting of the Parties may decide.

ARTICLE 10 - CONTRACTING PARTY DUTIES

1. Each Contracting Party shall, in respect of its activities within the Area:

a) promptly implement this Agreement and any conservation, management and other measures or matters which may be agreed by the Meeting of the Parties;

b) take appropriate measures in order to ensure the effectiveness of the measures adopted in accordance with this Agreement;

c) collect and exchange scientific, technical and statistical data with respect to fisheries resources covered by this Agreement and ensure that;

(i) data are collected in sufficient detail to facilitate effective stock assessment and are provided in a timely manner to fulfill the requirements set forth in the rules adopted by the Meeting of the Parties;

(ii) appropriate measures are taken to verify the accuracy of such data;

(iii) such statistical, biological and other data and information as the Meeting of the Parties may decide is provided annually; and

(iv) information on steps taken to implement the conservation and management measures adopted by the Meeting of the Parties is timely provided.

2. Each Contracting Party shall make available to the Meeting of the Parties a statement of implementing and compliance measures, including imposition of sanctions for any violations, it has taken in accordance with this article and, in the case of coastal States that are Contracting Parties to this Agreement, as regards the conservation and management measures for relevant straddling fish stocks in waters under their jurisdiction adjacent to the Area.

3. Without prejudice to the primacy of the responsibility of the flag State, each Contracting Party shall, to the greatest extent possible, take measures, or cooperate, to ensure that its nationals and fishing vessels owned or operated by it nationals, fishing in the Area comply with the provisions of this Agreement.

4. Each Contracting Party shall, to the greatest extent possible, at the request of any other Contracting Party, and when provided with the relevant information, investigate any alleged violation by its nationals, or fishing vessels owned or operated by its nationals, of the provisions of this Agreement or any conservation and management measure adopted pursuant hereto. 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 Contracting Party making the request and to the Meeting of the Parties 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 to the Meeting of the Parties when the investigation is completed. For the purpose of this Article, a national includes a natural or a legal person.

ARTICLE 11 - FLAG STATE DUTIES

1. Each Contracting Party shall take such measures as may be necessary to ensure that:

a) fishing vessels flying its flag operating in the Area comply with the provisions of this Agreement and the conservation and management measures adopted by the Meeting of the Parties and that such vessels do not engage in any activity which undermines the effectiveness of such measures; and

b) fishing vessels flying its flag do not conduct unauthorized fishing within waters under the national jurisdiction of any Contracting Party. [and

c) fishing vessels flying its flag operating in the Area carry and operate satellite vessel monitoring devices.]

2. No Contracting Party shall allow any fishing vessel entitled to fly its flag to be used for fishing in the Area unless it has been authorised to do so by the appropriate authority or authorities of that Contracting Party.

3. Each Contracting Party shall:

a) authorize the use of vessels flying its flag for fishing beyond waters of national jurisdiction only where it is able to exercise effectively its responsibilities in respect of such vessels under this Agreement and in accordance with international law;

b) maintain a record of fishing vessels entitled to fly its flag and authorized to fish in the Area for fishery resources to which this Agreement applies, and shall ensure that such information for all such vessels as may be specified by the Meeting of the Parties is entered in that record. Contracting Parties shall exchange this information in accordance with such procedures as may be agreed by the Meeting of the Parties;

c) make available to each annual Meeting of the Parties a report on its fishing activities in the Area in conformity with the requirements determined by the Meeting of the Parties;

d) collect and share in a timely manner, complete and accurate data concerning fishing activities by vessels flying its flag operating in the Area, in particular on vessel position, retained catch, discarded catch and fishing effort, where appropriate^[1] maintaining confidentiality;

e) [at the request of any other Contracting Party, and when provided with the relevant information, investigate expeditiously any alleged violation by fishing vessels flying its flag of the provisions of this Agreement or any conservation and management measure adopted pursuant thereto, in accordance with the 1993 Compliance Agreement, in particular Article III.

ARTICLE 12 - PORT STATE DUTIES

1. Measures taken by a port State Contracting Party in accordance with this Agreement shall take full account of the right and the duty of a port State to take measures, in accordance with international law to promote the effectiveness of subregional, regional and global conservation and management measures. When taking such measures, a port State shall not discriminate in form or in fact against the fishing vessels of any State.

2. Each port State Contracting Party shall:

a) in accordance with measures agreed by the Meeting of the Parties, inter alia, inspect documents, fishing gear and catch on board fishing vessels, when such vessels are voluntarily in its ports or at its offshore terminals;

b) not permit landings, transhipment, or supply services in relation to vessels unless they are satisfied that fish on board the vessel have been caught in a manner consistent with the measures adopted pursuant to this Agreement; and

c) provide assistance to flag State Contracting Parties, as reasonably practical and in accordance with its national law and international law, when a fishing vessel is voluntarily in a port or at an offshore terminal under its jurisdiction and the flag State of the vessel requests it to provide assistance in ensuring compliance with the provisions of this Agreement.

3. In the event that a Port Contracting Party considers that a vessel of another Contracting Party making use of its ports or offshore facilities has violated a conservation and management measure adopted pursuant to this Agreement, it shall draw this to the attention of the flag State concerned and of the Meeting of the Parties. The port State Contracting Party shall provide the flag State and the Meeting of the Parties with full documentation of the matter, including any record of inspection.

4. Nothing in this article affects the exercise by Contracting Parties of their sovereignty over ports in their territory in accordance with international law.

ARTICLE 13 - SPECIAL REQUIREMENTS OF DEVELOPING STATES

1. The Contracting Parties shall give full recognition to the special requirements of developing States bordering the Area, in particular the least-developed among them and small island developing States in relation to the conservation and management of fishery resources and the sustainable development of such resources.

2. The Contracting Parties recognize, in particular:

a) the vulnerability of developing States bordering the Area, in particular the least-developed among them and small island developing States that are dependent on the exploitation of fishery resources, including for meeting the nutritional requirements of their populations or parts thereof;

b) the need to avoid adverse impacts on, and ensure access to fisheries by, subsistence, small-scale and artisanal fishers and fishworkers; and

c) the need to ensure that such measures do not result in transferring, directly or indirectly, a disproportionate burden of conservation action onto developing States bordering the Area, in particular the least-developed among them and small island developing States

3. Cooperation by the Contracting Parties under the provisions of this Agreement and through other subregional or regional organizations involved in the management of fisheries resources [should, as appropriate,] include action for the purposes of:

a) enhancing the ability of developing States bordering the Area, in particular the least-developed among them and small island developing States to conserve and manage fishery resources and to develop their own fisheries for such resources; and

b) assisting developing States bordering the Area, in particular the least-developed among them and small island developing States to enable them to participate in fisheries for such resources, including facilitating access in accordance with this Agreement.

4. Cooperation with developing States bordering the Area, in particular the least-developed among them and small island developing States for the purposes set out in this article [should, as appropriate,] include the provision of financial assistance^[2], assistance relating to human resources development, technical assistance, transfer of technology, and activities directed specifically towards:

a) improved conservation and management of the fishery resources and straddling stocks in the Area, which can include the collection, reporting, verification, exchange and analysis of fisheries data and related information;

b) improved information collection and management of the impact of fishing activities on the marine environment;

c) stock assessment and scientific research; and

d) monitoring, control, surveillance, compliance and enforcement, including training and capacity-building at the local level, development and funding of national and regional observer programmes and access to technology.

ARTICLE 14 - TRANSPARENCY

1. The Contracting Parties shall promote transparency in decision-making processes and other activities carried out under this Agreement.

2. Coastal States with waters under national jurisdiction adjacent to or surrounded by the Area that are not Contracting Parties to this Agreement shall be entitled to participate as observers in the Meetings of the Parties and meetings of its subsidiary bodies.

3. Non-Parties to this Agreement shall be entitled to participate as observers in the Meetings of the Parties and meetings of its subsidiary bodies.

4. Intergovernmental organisations concerned with matters relevant to the implementation of this Agreement, in particular the Food and Agriculture Organisation of the United Nations, the South West Indian Ocean Fisheries Commission, and Regional Fisheries Organisations with competence over areas of the high seas bordering the Area, shall be entitled to participate as observers in the Meetings of the Parties and of its subsidiary bodies.

5. Representatives from non-governmental organizations concerned with matters relevant to the implementation of this Agreement shall be afforded the opportunity to participate in the Meetings of the Parties and of its subsidiary bodies as observers or otherwise as determined by the Meeting of the Parties. The rules of procedure of the Meeting of the Parties and its subsidiary bodies shall provide for such participation. The procedures shall not be unduly restrictive in this respect.

6. Observers shall be given timely access to pertinent information subject to the rules and procedures, including those concerning confidentiality requirements, which the Meeting of the Parties may adopt.

ARTICLE 15 - FISHING ENTITIES

1. After the entry into force of this Agreement, any fishing entity whose vessels have fished or intend to fish for fishery resources in the Area, may, by a written instrument delivered to the Meeting of the Parties, in accordance with such procedures as may be established by the Meeting of the Parties, express its firm commitment to be bound by the terms of this Agreement. Such commitment shall become effective thirty days following the delivery of the instrument. Any such fishing entity may withdraw such commitment by written notification addressed to the Depositary. Notice of withdrawal shall become effective ninety (90) days from the date of its receipt by the Depositary.

[2. A fishing entity which has committed to be bound by the terms of this Agreement, may participate in the Meeting of the Parties and its subsidiary bodies, and partake in decision-making, in accordance with the Rules of Procedure adopted by the Meeting of the Parties. Articles 4, 10, 11, 12, 13, (14), 16, 17 and 18 apply, mutatis mutandis, to such a fishing entity.]

ARTICLE 16 - COOPERATION WITH OTHER ORGANISATIONS

The Contracting Parties, acting jointly under this Agreement, shall cooperate closely with other international fisheries and related organizations in matters of mutual interest, in particular with the South West Indian Ocean Fisheries and any other Regional Fisheries Organisation with competence over high seas waters bordering the Area.

ARTICLE 17 - NON-PARTIES

1. Contracting Parties shall take measures consistent with this Agreement, the 1995 Agreement and international law to deter the activities of vessels flying the flags of non-parties to this Agreement which undermine the effectiveness of conservation and management measures adopted by the Meeting of the Parties or the attainment of the objectives of this Agreement.

2. Contracting Parties shall exchange information on the activities of fishing vessels flying the flags of non-parties to this Agreement which are engaged in fishing operations in the Area.

3. Contracting Parties shall draw the attention of any non-Party to this Agreement to any activity undertaken by its nationals or vessels flying its flag which, in the opinion of the Contracting Party, undermines the effectiveness of conservation and management measures adopted by the Meeting of the Parties or the attainment of the objectives of this Agreement.

4. Contracting Parties shall, individually or jointly, request non-parties to this Agreement whose vessels fish in the Area to cooperate fully in the implementation of conservation and management measures adopted by the Meeting of the Parties with a view to ensuring that such measures are applied to all fishing activities in the Area. Such cooperating non-parties to this Agreement shall enjoy benefits from participation in the fishery commensurate with their commitment to comply with, and their record of compliance with, conservation and management measures in respect of the relevant stocks.

ARTICLE 18 - GOOD FAITH AND ABUSE OF RIGHTS

Each Contracting Party shall fulfil in good faith the obligations assumed under this Agreement and shall exercise the rights recognized in this Agreement in a manner which would not constitute an abuse of rights.

ARTICLE 19 - RELATION TO OTHER AGREEMENTS

Nothing in this Agreement shall prejudice the rights and obligations of States under the 1982 Convention or the 1995 Agreement.

ARTICLE 20 - INTERPRETATION AND SETTLEMENT OF DISPUTES

1. Contracting Parties shall use their best endeavours to resolve their disputes by amicable means. At the request of any Contracting Party a dispute may be submitted for binding decision in accordance with the procedures for the settlement of disputes provided in Section II of Part XV of the 1982 Convention or, where the dispute concerns one or more Straddling Stocks, the procedures set out in Part VIII of the 1995 Agreement. The relevant part of the 1982 Convention and the 1995 Agreement shall apply whether or not the parties to the dispute are also parties to these instruments.

2. If a dispute involves a fishing entity which has committed to be bound by the terms of this Agreement and cannot be settled by amicable means, the dispute shall, at the request of any party to the dispute, be submitted to final and binding arbitration in accordance with the relevant rules of the Permanent Court of Arbitration.

ARTICLE 21 - AMENDMENTS

1. Any Contracting Party may propose an amendment to the Agreement by providing to the Depositary the text of a proposed amendment at least sixty (60) days in advance of an ordinary Meeting of the Parties. The Depositary shall circulate a copy of this text to all other Contracting Parties promptly.

2. Amendments to the Agreement shall be adopted by consensus of all Contracting Parties. The provisions of Article 8(5) shall not apply in respect of decisions under this paragraph.

3. Amendments to the Agreement shall enter into force ninety (90) days after all Contracting Parties which held this status at the time the amendments were approved have deposited their instruments of ratification, acceptance, or approval of such amendments with the Depositary.

[Note: An Article on annexes to the Agreement was deleted by the Consultation. Delegations reserved the right to consider reintroduction of these provisions at a later stage.]

ARTICLE 22 - SIGNATURE RATIFICATION, ACCEPTANCE AND APPROVAL

1. This Agreement shall be open for signature by:

a) The Participants in the Inter-Governmental Consultation on the Southern Indian Ocean Fisheries Agreement: and

b) by any other State having jurisdiction over waters bordering or enclosed by the Area, and shall remain open for signature for twelve months from the (date of opening for signature).

2. This Agreement is subject to ratification, acceptance or approval by the signatories.

3. The instruments of ratification, acceptance or approval shall be deposited with the Depositary.

4. For each signatory which ratifies, accepts or approves this Agreement after its entry into force, this Agreement shall enter into force for that signatory thirty (30) days after the deposit of its instrument of ratification, acceptance or approval.

ARTICLE 23 - ACCESSION

1. This Agreement shall be open for accession, after its closure for signature, by any State or Regional Economic Integration Organisation referred to in Article 22.1, and by any other State or Regional Economic Integration Organization interested in fishing activities in relation to the fishery resources to which this Agreement applies.

2. Instruments of accession shall be deposited with the Depositary.

ARTICLE 24 - ENTRY INTO FORCE

1. This Agreement shall enter into force ninety (90) days as from the date of receipt by the Depositary of the [fourth] instrument of ratification, acceptance of approval.

2. For each State or regional economic integration organization which accedes to this Agreement after its entry into force, this Agreement shall enter into force for that State or regional economic integration organization thirty (30) days after the deposit of its instrument of accession.

ARTICLE 25 - THE DEPOSITARY

1. The Director-General of the Food and Agriculture Organisation of the United Nations shall be the Depositary of this Agreement and of any amendments thereto. The Depositary shall transmit certified copies of this Agreement to all signatories and shall register this Agreement with the Secretary-General of the United Nations pursuant to Article 102 of the Charter of the United Nations.

2. The Depositary shall inform all signatories of this Agreement of signatures, ratifications and instruments deposited under Articles 22 and 23 and of the date of entry into force of the Agreement under Article 24.

ARTICLE 26 - WITHDRAWAL

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

ARTICLE 27 - TERMINATION

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

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

DONE at (place) on this --th day of (month), (year), in English and French, both texts being equally authentic.

G. Resolution on data collection concerning the high seas in the southern Indian Ocean

NOTING their commitment to the long-term conservation and sustainable use of the fishery resources in the high seas of the Southern Indian Ocean;

RECOGNISING the need to collect data concerning fishing activities involving non-tuna species in the high seas of the Southern Indian Ocean to assess effort and stock levels;

Participant delegations to the consultations:

1. Call upon all States, regional economic integration organizations and fishing entities that have participated in the Intergovernmental Consultations or that have carried out or carry out fishing activities in the high seas in the Southern Indian Ocean to:

(a) collect current and future data in respect of their flag vessels fishing in the high seas in FAO statistical areas 51 and 57 (the Area) for non-tuna fisheries resources. Data collected may, at a minimum, be in conformance with Annex 1 to this Resolution.

(b) consistent with national legislation, provide catch and effort data specified in Annex 1, where possible from 1 January 2003, to the Intergovernmental Consultation three months prior to its next meeting. Such data, which may be provided in aggregated form and collated by fishing area as specified in Annex 2 to this resolution, may include inter alia:

(i) total catch and weight by species;
(ii) number of vessels fishing in the Area; and
(iii) total number of tows.

(c) secure historical catch and effort data concerning fishing activities for non-tuna species in the Area undertaken by their flag vessels or vessels previously flagged to their State and Member States.

2. Further call upon all States, regional economic integration organizations and fishing entities whose ports are used to land or tranship non-tuna fishery resources caught in the Area to, consistent with national legislation, collect:

(a) current and future data in respect of such landings or transhipments. Data collated by port States may include:

(i) vessel identification details

(ii) dates of arrival and departure

(iii) fish product on board, specifying species composition (including scientific and common name) by weight of product type (erg whole, fillet, headed and gutted)

(iv) brand of processing [equipment used for heading, gutting and filleting]

(v) product discharged by criterion in (iii), if the discharge is not the entire catch

(b) historical data in respect of landings and transhipments.

3. Request the Chairperson of the Fourth Intergovernmental Consultation to ensure that this Resolution is circulated to all participants in the Intergovernmental Consultations and to all States and fishing entities whose vessels are known to have fished in the Area or whose ports are known to have been used to land or tranship non-tuna fishery resources caught in the Area.

4. Further request the Chairperson of the Fourth Intergovernmental Consultation to, through the appropriate channels, request the Indian Ocean Tuna Commission Secretariat to receive and retain the information provided to the Consultation.

Seychelles, 13-16 July 2004

APPENDIX G (1)

Annex 1 of the Resolution on Data collection concerning the High Seas in the Southern Indian Ocean

Recommended vessel information and catch and effort data for non-tuna fisheries in the high seas of the Southern Indian Ocean^[3]

Vessel Information

• Flag State
• Vessel Operator
• Identification (name on specific code)
• Length (metres)
• Tonnage
• Power (kilowatts)
• Processing capacity (daily)
• Class (i.e. produce headed and gutted, fillets, other forms of processing)

Tow-by-tow information

• Date (day/month/year)
• Target species
• Trawl type (bottom or mid-water)
• Time of start of tow (when on bottom or at target depth)
• Time of finish of trawl
• Speed of vessel (average during the trawl)
• Depth of gear at start (metres)
• Depth of gear at bottom (metres)
• Depth of gear at finish (metres)
• Depth of bottom at finish (or average values of these during a tow)
• Vessel latitude and longitude at start [degree, minute, decimal minutes]
• Vessel latitude and longitude at finish [degree, minute, decimal minutes]
• Net opening (metres)

Catch data

• Valid tow performance (yes/no)^[4]
• Catch by species (kilograms or tonnes should be specified)

APPENDIX G (2)

Fishing areas for reporting of catch and effort data for the Southern Indian Ocean deepwater fisheries

H. Summary of major conclusions and recommendations

ADOPTION OF A "DRAFT RESOLUTION AND STATUTES ON THE SOUTH WEST INDIAN OCEAN FISHERIES COMMISSION" FOR SUBMISSION TO THE FAO COUNCIL FOR APPROVAL

The Consultation proceeded to make final editorial revisions and then unanimously adopted the draft Resolution and Statutes for the establishment of the South West Indian Ocean Fisheries Commission for submission to the FAO Council for approval. The text of the Resolution and Statutes is attached in Annex E. (Paragraph 15)

REVIEW OF THE DRAFT TEXT OF AN INSTRUMENT FOR THE HIGH SEAS

The Consultation carried out a first reading of the draft text of an instrument for the high seas. The results of these discussions are reflected in Annex F. The Consultation agreed that there were certain inconsistencies that the Chairperson and the Legal Adviser would attempt to resolve with the help of a Drafting Committee with a view to preparing a text in good time for the next Consultation. (Paragraph 17)

INTERIM ARRANGEMENTS FOR THE HIGH SEAS AGREEMENT INCLUDING INFORMATION, DATA MANAGEMENT AND SECRETARIAL SUPPORT

Major concern was expressed that catch and effort data recorded by companies might be lost as many companies no longer have an interest in operating in the area. Further, most countries that now have legislation requiring disclosure of fishing details of national vessels when operating on the high seas (Australia, Namibia, New Zealand and South Africa) did not have such regulations in place at the start of the fishery and may be unable to insist that such information be disclosed. It was agreed that vigorous efforts should be made to secure such information. (Paragraph 22)

It was agreed that a Resolution be drafted to convey to relevant countries the importance of capturing and archiving past data and recording data of ongoing fishing operations in an effort to better understand and manage the high seas non-tuna resources. The Consultation adopted the Resolution which is given in Annex G concerning the collection and handling of information and data. (Paragraph 32)

There was considerable discussion regarding the nature of secretariat services that would be required and how they might be provided. In general it was noted that it was not possible to go beyond a general discussion at this time as no agreement had been reached on what services would be required. It was noted that in the interim the IOTC might handle data management activities. (Paragraph 34)

FOLLOW-UP ACTIONS

The Consultation requested the Chairperson and FAO to take the appropriate action with regard to the Resolution given in Annex G. (Paragraph 38)

The Consultation invited Members to review the draft High Seas Agreement with their competent authorities to ensure expeditious action at the next Intergovernmental Consultation. (Paragraph 39)

DATE, PLACE AND ARRANGEMENTS FOR SUBSEQUENT MEETINGS

The Consultation was informed by the Kenyan delegate that Kenya had offered to host the first meeting of the FAO/SIDA project which would take place at the same time as the first meeting of the SWIOFC in Mombasa in January 2005. In the spirit of having back to back Consultations, the Kenyan delegate offered to also hold the next Intergovernmental Consultation on the Establishment of a High Seas Instrument in Kenya at the same time. It was noted that Kenya welcomed contributions to assist towards the cost of hosting this Consultation. (Paragraph 41)

Mozambique offered to act as alternate host to Kenya for the next Intergovernmental Consultation in which case it would be held in Maputo, in March 2005. Mozambique would also welcome contributions to assist towards the cost of hosting the Consultation in the event that it were not possible to hold the Consultation in Kenya in January 2005. (Paragraph 42)

The Consultation agreed that the next Intergovernmental Consultation will be organized by interested parties outside the formal framework of FAO and that FAO would be invited to participate. (Paragraph 43)

Back cover

This document is the final report of the Fourth Intergovernmental Consultation on the Establishment of a Southwest Indian Ocean Fisheries Commission, held in Mahe, Seychelles, from 13 to 16 June 2004. The Consultation was attended by delegates from ten States, the European Community, and two observer organizations. The Consultation unanimously adopted a draft Resolution and Statutes for the establishment of the South West Indian Ocean Fisheries Commission for submission to the FAO Council. The Consultation also carried out a first reading and discussion of a draft text of an instrument for the high seas. As an interim measure, until the establishment of a high seas instrument, a Resolution concerning the collection and handling of information and data was adopted.