EC AMENDMENTS TO CHAIR’S TEXT REVISION 2
14 SEPTEMBER 2007
PREAMBLE:Convention on the Conservation and Management of straddling and High Seas Fishery Resources in the South Pacific Ocean.
The Contracting Parties,
Committed to ensuring the long-term conservation and sustainable use of fishery resources in the South Pacific Ocean, and to safeguarding the environment and marine ecosystems in which the resources occur;
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 of 4 December 1995 and the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas of 24 November 1993 and taking into account the Code of Conduct for Responsible Fisheries adopted by the 28th Session of the Conference of the Food and Agriculture Organisation of the United Nations on 31 October 1995;
Recognising that under the above Convention and Agreements States have a duty to co-operate with each other in the conservation and management of straddling and high seas fishery living resources in the areas of the high seas and, as appropriate, to co-operate to establish sub-regional or regional fisheries organisations or arrangements with a view to taking the measures necessary for the conservation of such resources;
Taking into consideration that, in accordance with the United Nations Convention on the Law of the Sea of 10 December 1982 and general principles of international law, coastal States have established Exclusive Economic Zones (EEZ) waters under national jurisdiction within which they exercise their sovereign rights for the purpose of exploring, exploiting, conserving and managing fishery resources and conserving living marine resources upon which fishing has an impact;
Recognising economic and geographical considerations and the special requirements of developing States, in particular the least-developed among them, and small island developing States and their coastal communities, in relation to the conservation, management and sustainable development of fishery resources and equitable benefit from those resources;
Further recognising the economic and social benefits deriving from the sustainable use of fishery resources,
Noting the need for regional fisheries management organisations and arrangements to undertake performance reviews in order to assess the degree to which they are attaining their respective conservation and management objectives;
Determined to cooperate effectively to eliminate illegal, unreported and unregulated fishing and the adverse impact that it has on the state of the world fishery resources and the ecosystems in which they occur;
Conscious of the need to avoid adverse impacts on the marine environment, preserve biodiversity, maintain integrity of marine ecosystems and minimize the risk of long-term or irreversible effects of fishing;
Mindful that effective conservation and management measures should, to the extent possible,mustbe based on the best scientific advice available and the application of the precautionary approach and an ecosystem approach to fisheries management;
Convinced that the long-term conservation and sustainable use of fishery resources in the South Pacific Ocean and the safeguarding of the marine ecosystems in which those resources occur may best be achieved by the conclusion of an international Convention for that purpose;
Have agreed as follows:
Article 1
DEFINITIONS(a)‘1982 Convention’ means the United Nations Convention on the Law of the Sea of 10 December 1982;
(b)‘1995 Agreement’ means the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 December 1995;
(c)‘AreaConvention Area’ means the area to which this Convention applies in accordance with article 4;
(d)‘Code of Conduct’ means the Code of Conduct for Responsible Fisheries adopted by the 28th session of the Conference of the Food and Agriculture Organisation of the United Nations (FAO) on 31 October 1995;
(e)‘Contracting Party’ means any State or regional economic integration organisation which has consented to be bound by this Convention, and for which the Convention is in force;
(f)‘ecosystem approach to fisheries management’ means an integrated approach under which decisions in relation to the management of fisheryies resources are considered in the context of the functioning of the wider marine ecosystems in which they occur, with the aim of ensuring long-term conservation and sustainable use of those resources and the safeguarding of those ecosystems;
(g)‘fishery’ means any fishery resource in the AreaConvention Area that is the object of fishing at the time of entry into force of this Convention or is subsequently opened for such fishing by a decision of the Commission pursuant to article 20 of this Convention;
(h)‘fishery resources’ means the resources of fish, molluscs, crustaceans and other sedentary species within the AreaConvention Area, but excluding:
(i)sedentary species subject to the fishery jurisdiction of coastal States pursuant to article 77(4) of the 1982 Convention;
(i)(ii)anadromous and catadromous stocks in so far they are managed by other international Conventions or Agreements, and
(ii)(iii)highly migratory species listed in Annex 1 of the 1982 Convention excluding sauries;
(i) ‘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;
any operation at sea in support of, or in preparation for, any activity described in this definition, including transhipment;
the use of any other vessel, vehicle, aircraft or hovercraft, in relation to any activity described in this definition except for emergencies involving the health or safety of crew members or the safety of a vessel;
(I bisj) "Fishing entity" means any fishing entity referred to in Article 1, paragraph 3, of the 1995 Agreement
(j)‘fishing vessel’ means any vessel used or intended for fishing, including fish processing vessels, support ships, carrier vessels and any other vessel directly engaged in fishing operations;
(k)‘flag State’ means, unless otherwise indicated:
(i) a State whose fishing vessels are entitled to fly its flag; or
(ii) a regional economic integration organisation in which fishing vessels are entitled to fly the flag of a Member State of that regional economic integration organisation;
(l) ‘IUU fishing’ means primarily activities as defined in paragraph 3 of the FAO International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated fishing, and other activities as may be decided by the Commission;
(m)‘living marine resources’ means all living components of the marine ecosystems, including seabirds;
(n) ‘market State’ means a State or Regional Economic Integration Organisation which imports, exports, re-exports or has a domestic market for fish products derived from fishing in the AreaConvention Area;
(o)‘nationals’ includes both natural and legal persons;
(p)‘port State’ means any State receiving fishing vessels in their ports including port offshore terminals and other installations for, inter alia, landing, transhipping, refuelling or re-supplying;
(q) ‘regional economic integration organisation’ means a regional economic integration organisation to which its Member States have transferred competence over matters covered by this Convention, including the authority to make decisions binding on its Member States in respect of those matters;
(r)‘serious violation’ means serious violations has the same meaning as that set out in article 21(11) of the 1995 Agreement;
(s)‘transhipment’ means the unloading of all or any of the fish on board a fishing vessel to another fishing vessel either at sea or in port.
Article 2
OBJECTIVE
The objective of this Convention is, through the application of the precautionary approach and an ecosystem approach to fisheries management, to ensure the long-term conservation and sustainable use of fishery resources and, in so doing, safeguard the marine ecosystems in which those resources occur.Article 3
CONSERVATION AND MANAGEMENTGeneral PRINCIPLES
1.In giving effect to the objective of this Convention and carrying out decision making under the Convention, the Contracting Parties shall apply in particular the following principles:
(a)conservation and management of fishery resources shall be conducted in a transparent, accountable and inclusive manner, and in accordance with international best practice;
(b)fishing shall be commensurate with the long term sustainability and optimum utilisationsustainable and efficient useof fishery resources taking into account the impacts on associated and dependent species and the general responsibility duty to protect and preserve the marine environment;
(c)overfishing and excess fishing capacity shall be prevented or eliminated;
(d)full and accurate data on fishing shall be collected, verified, reported and shared in a timely and appropriate manner;
(e)decisions shall be based on the best scientific information available and ensure that fishery resources are maintained at levels capable of producing maximum sustainable yield;
(f)the precautionary approach as described in paragraph 2 below;
(g)[DELETED – Article 7 Bis inserted on compatibility]conservation and management measures established for the Area shall take into account the conservation and management measures adopted and applied in respect of the same fishery resources by coastal States within areas under national jurisdiction and ensure that the measures established for the Area do not undermine the effectiveness of the coastal State measures;
(h)biodiversity in the marine environment shall be protected through the application of an ecosystem approach to fisheries management taking into account the importance of deep sea ecosystems and the need to protect and minimize any harmful impact of fishing activities on safeguard living marine resources;
(i)the interests of Developing States shall be taken into account, consistent with the 1995 Agreement;
(j)effective compliance with conservation and management measures shall be ensured and sanctions for any violationsinfringements shall be adequate in severity;
(k)pollution and waste originating from fishing vessels, discards, catch by lost or abandoned gear and impacts on other species and marine ecosystems shall be minimised.
2.The precautionary approach as described in the 1995 Agreement and the Code of Conduct shall be applied widely to the conservation and management of fishery resources and of in order to protect those resources and preservethe marine ecosystems in which they occur and, in particular, the Contracting Parties shall:
(i) be more cautious when information is uncertain, unreliable or inadequate;
(ii) not use the absence of adequate scientific information as a reason for postponing or failing to take conservation and management measures;
(iii) take account of best international practice regarding the application of the precautionary approach, including Annex II of the 1995 Agreement and the Code of Conduct.
Article 4
AREA OF APPLICATION
1.This Convention applies to the Area High seas and Exclusive Economic Zones (EEZ)in the South Pacific[see paragraph 4 of Report of the First International Meeting on the Establishment of the proposed SPRFMO, February 14-17, 2006, which records that
“the meeting discussed an indicative outline of high seas area for the proposed RFMO (refer Annex II of SP/01/Inf3rev1) as follows:
(a)the western boundary of the proposed South Pacific regional fisheries management organisation should abut the eastern boundary of the proposed Agreement area to be established under the Southern Indian Ocean Fisheries Agreement;
(b)the southern boundary of the proposed South Pacific regional fisheries management organisation should abut the northern boundary of the Agreement area of the Commission for the Conservation of the Antarctic Living Marine Resources (CCAMLR);
(c)the eastern boundary of the proposed South Pacific regional fisheries management organisation should abut the outer limit of the maritime jurisdictions of South American states;
(d)the northern boundary of the proposed South Pacific regional fisheries management organisation should not be delineated until the meeting had discussed fishery resources to be managed, the regulation of high seas enclaves within the proposed area and had received further scientific and technical information”]
2.Where for the purpose of this Convention it is necessary to determine the position on the surface of the earth of a point, line or area, that position shall be determined by reference to the International Terrestrial Reference System maintained by the International Earth Rotation Service, which for most practical purposes is equivalent to the World Geodetic System 1984 (WGS84). (DELETED - This convention is about management of fish stocks, it should not get involved in any territorial limitation definitions. That falls outside the scope of this Convention).
3. Nothing in this Convention shall constitute recognition of the claims or positions of any of the Contracting Parties to this Convention concerning the legal status and extent of waters and zones claimed by any such Contracting Parties.
Article 5
THE ORGANISATION
1.The Contracting Parties hereby agree to establish, maintain and strengthen the South Pacific Regional Fisheries Management Organisation “the Organisation”, which shall carry out its functions as set forth in this Convention in order to achieve the objective of this Convention.
2.The Organisation shall consist of:
(a)a Commission;
(b)a Scientific Committee a Compliance Committee, and a Finance and Administration Committee as subsidiary bodies,n Eastern Sub-regional Management Committee, a Western Sub-regional Management Committee, and any other subsidiary bodies and sub-committees that the Commission may establish from time to time to assist it in its work;
(c)a Secretariat.
3.The Organisation shall have legal personality in accordance with international law and shall enjoy in its relations with other international organisations and in the territories of the contracting Parties such legal capacity as may be necessary to perform its functions and achieve the objective of this Convention. The immunities and privileges which the Organisation and its officers shall enjoy in the territory of a Contracting Party shall be subject to an agreement between the Organisation and the Contracting Party including, in particular, a headquarters agreement between the Organisation and the host Contracting Party.
4.The Chairperson of the Commission shall be the principal representative President of the Organisation and shall be its principal representative..
5.The headquarters of the Organisation shall be…….or at such other place as may be decided by the Commission.
Article 6
THE COMMISSION1.Each Contracting Party shall be a member of the Commission and shall appoint one representative to the Commission who may be accompanied by alternative representatives, experts and advisers.
2.The Commission shall elect a Chairperson and a Vice-Chairperson, each of whom shall serve for a term of two years and shall be eligible for re-election but shall not serve for more than two terms in succession. The Chairperson and Vice-Chairperson shall be representatives of different Contracting Parties.
3.The first meeting of the Commission shall take place no later than 12 months following the entry into force of the Convention. Thereafter the Chairperson of the Commission shall convene an annual meeting at a time and location to be decided by the Commission unless the Commission decides otherwise.
4.Extraordinary meetings of the Commission may be held at such time and place as the Commission decides. The Commission may also, by consensus, agree on techniques procedures for taking and recording decisions intersessionally.
5.The Contracting Parties, at their first meeting, shall consider the adoption of a budget to fund the Commission and its subsidiary bodies, and shall also consider the adoption of financial regulations.
6.All meetings of the Commission and its subsidiary bodies shall be public unless otherwise decided by the Commission. (DELETED - access for observers are provided for in article 15)
Article 7
FUNCTIONS OF THE COMMISSION1.The Commission shall, in accordance with the objective, general principles and specific provisions of this Convention, exercise the following functions:
(a)adopt conservation and management measures to achieve the objective of this Convention;
(abis)establish total allowable catches or total allowable fishing effort, including any catch or effort for scientific research, for all fisheries as soon as possible after the entry into force of this Convention in accordance with the criteria laid down in Article 18 of this Convention.
(b)determine the nature and extent of participation in the different fisheries in accordance with the criteria laid down in Article 19 of this Convention;
(b bis) adopt measures to minimize pollution, waste, discards, catch by lost or abandoned gear, catch of non-target species and impacts on associated or dependent species, in particular threatened species, through measures including the development and use of selective, environmentally safe and cost-effective fishing gear and techniques;
(c)develop rules for the collection, verification, reporting and dissemination of data;
(d)promote the conduct of scientific research in support of fishery conservation and management and, in collaboration with the Scientific Committee, establish procedures for the conduct of fishing for scientific purposes;
(e)co-operate and exchange data with relevant organisations and coastal States and promote compatibility between conservation and management measures in the AreaConvention Area and adjacent areas;
(e bis)develop and implement, where appropriate, effective market related measures to monitor on trade and transport flows of the fish products from the ocean to the market;
(f)develop and implement effective monitoring, control, surveillance, compliance and enforcement procedures in accordance with articles 26 and 27 of this Convention;
(g)develop processes in accordance with international law to assess Contracting Party, flag State and Port State performance with respect to the implementation of their obligations under this Convention and adopt proposals, if appropriate, to ensure effective implementation of such obligationsflag State performance;
(h)adopt proposals for measures to monitor, combat and eliminate IUU fishing;
(h bis)develop, when necessary, procedures which allow for measures including non-discriminatory trade-related measures, to be taken, consistent with the international obligations of Contracting Parties against any flag State whose fishing vessels participate in fishing activities in a manner that undermines the effectiveness of the conservation and management measures adopted by the Commission;