vessel monitoring system means a system in which boats are fitted with an electronic device that can give information about the boats' course or position, or other such information.
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FISHERIES MANAGEMENT ACT 1991
- SECT 168
Regulations
- (1)
- The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed in carrying out or giving effect to this Act.
- (2)
- Without limiting the generality of subsection (1), regulations may be made:
(a) prescribing penalties not exceeding 25 penalty units for offences against the regulations; and
(b) providing for the remission or refund of levy under the Fishing Levy Act 1991 or the Foreign Fishing Licences Levy Act 1991 or of charge under the Statutory Fishing Rights Charge Act 1991 or of penalty payable under Part 7 in relation to such levy or charge; and
(c) providing for giving effect to, and enforcing the observance of, plans of management; and
(d) providing for the replacement of certificates, licences, permits and other instruments granted or executed under this Act or the regulations and prescribing fees for such replacement; and
(e) providing for the imposition and recovery of fees in respect of:
(i) draft plans of management being made available; and
(ii) the making of applications under this Act; and
(iii) the lodging and registration of documents; and
(iiia) the giving of a notice to AFMA nominating an Australian boat under paragraph 32(1A)(b) or subsection 32(1B); and
(iv) the issue of a document mentioned in subsection 53(2); and
(v) the supplying of signed copies of, or extracts from, entries in the Register or instruments evidencing dealings registered in the Register; and
(f) providing for the return to a person ascertained in accordance with the regulations or a plan of management of:
(i) certificates, licences, permits and other instruments granted or executed under this Act or the regulations; or
(ii) certificates and other documents issued to a person under a plan of management;
that have been cancelled; and
(g) prescribing signals and rules of navigation to be observed in the AFZ by masters of boats in respect of which a fishing rights, or any licences or permits, are in force under this Act or under the Treaty; and
(h) providing for the marking of boats engaged in commercial fishing in the AFZ and of nets, traps and other equipment used for taking fish; and
(ha) providing for the marking of Australian-flagged boats in relation to which fishing concessions or scientific permits allowing fishing outside the AFZ are in force; and
(i) enabling a person who is alleged to have contravened section 93 or 95 or a determination made for the purposes of section 42 to pay to AFMA, as an alternative to prosecution, a specified penalty, not exceeding the maximum penalty by which a contravention of that provision is otherwise punishable; and
(j) providing for the sale or disposal of unclaimed nets, traps or other fishing equipment found in the AFZ; and
(k) regulating the rights of priority as between masters of boats in respect of which a fishing concession is in force under this Act in the AFZ and for prescribing the rules of fishing in the AFZ; and
(l) facilitating the exercise by officers of their powers under section 84 (as it applies of its own force or because of section 87, 87A, 87B, 87C, 87D or 87G); and
(m) providing for the inspection of foreign boats the use of which is authorised by a foreign fishing licence or a Treaty licence and of nets, traps and other equipment belonging to such boats and of fish taken with the use of such boats; and
(n) providing for the reporting of the positions of boats:
(i) the use of which is authorised by a fishing concession at times when such boats are in the AFZ; or
(ii) in relation to which an approval is in force under regulations made for the purposes of paragraph 101(1)(c); and
(o) providing procedures to be followed to facilitate the recognition of foreign boats the use of which is authorised by a foreign fishing licence; and
(p) prescribing short methods of reference to areas of the AFZ specified in the regulations and the purposes for which those methods of reference may be used; and
(q) providing for the furnishing of information relating to persons on board:
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(i) a boat that is in the AFZ, being a boat the use of which is authorised by a fishing concession; and
(ii) an Australian boat engaged in fishing outside the AFZ; and
(r) providing for the carrying of persons on board boats the use of which is authorised by a fishing concession; and
(s) providing for the furnishing of information relating to the use in the AFZ of foreign boats the use of which is authorised by a foreign fishing licence; and
(t) providing for the giving by AFMA of certificates as to the giving, or not giving, of approvals under regulations made for the purposes of paragraph 101(1)(c). - (3)
- Notwithstanding section 49A of the Acts Interpretation Act 1901, the regulations may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in a plan of management, being a plan of management as in force at a particular time or as in force from time to time.
FISHERIES MANAGEMENT ACT 1991
Schedule 1—Treaty on fisheries between the Governments of certain Pacific Island States and the United States of America
Section 4
The Governments of the Pacific Island States party to this Treaty and the Government of the United States of America: ACKNOWLEDGING that in accordance with international law, coastal States have sovereign rights for the purposes of exploring and exploiting, conserving and managing the fisheries resources of their exclusive economic zones or fisheries zones;
RECOGNISING the strong dependence of the Pacific Island parties on fisheries resources and the importance of the continued abundance of those resources;
BEARING IN MIND that some species of fish are found within and beyond the jurisdiction of any of the parties and range throughout a broad region; and
DESIRING to maximise benefits flowing from the development of the fisheries resources within the exclusive economic zones or fisheries zones of the Pacific Island parties;
HAVE AGREED AS FOLLOWS:
ARTICLE 1
DEFINITIONS AND INTERPRETATION 1.1 In this Treaty:
(a) "Administrator" means that person or organisation designated by the Pacific Island parties to act as such on their behalf pursuant to this Treaty and notified to the Government of the United States;
(b) "final judgment" means a judgment from which no appeal proceedings have been initiated within sixty days;
(c) "fishing" means:
(i) searching for, catching, taking or harvesting fish;
(ii) attempting to search for, catch, take or harvest fish;
(iii) engaging in any other activity which can reasonably be expected to result in the locating, catching, taking or harvesting of fish;
(iv) placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons;
(v) any operations at sea directly in support of, or in preparation for any activity described in this paragraph; or
(vi) aircraft use, relating to the activities described in this paragraph except for flights in emergencies involving the health or safety of crew members or the safety of a vessel;
(d) "fishing vessel of the United States" or "vessel" means any boat, ship or other craft which is used for, equipped to be used for, or of a type normally used for commercial fishing, which is documented under the laws of the United States;
(e) "Licensing Area" means all waters in the Treaty Area except for:
(i) waters subject to the jurisdiction of the United States in accordance with international law; and
(ii) waters closed to fishing by fishing vessels of the United States in accordance with Annex I;
(f) "operator" means any person who is in charge of, directs or controls a vessel, including the owner, charterer and master;
(g) "Pacific Island party" means a Pacific Island State party to this Treaty and "Pacific Island parties" means all such States from time to time;
(h) "Pacific Island State" means a party to the South Pacific Forum Fisheries Agency Convention, 1979;
(i) "party" means a State party to this Treaty, and "parties" means all such
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States, from time to time;
(j) "this Treaty" means this Treaty, its Annexes and Schedules; and
(k) "Treaty Area" means all waters north of 60 degrees South latitude and east of 90 degrees East longitude, subject to the fisheries jurisdiction of Pacific Island parties, and all other waters within rhumb lines connecting the following geographic co-ordinates, designated for the purposes of this Treaty, except for waters subject to the jurisdiction in accordance with international law of a State which is not a party to this Treaty: 2º35´39´´S
| 141º00´00´´E
|
1º01´35´´N
| 140º48´35´´E
|
1º01´35´´N
| 129º30´00´´E
|
10º00´00´´N
| 129º30´00´´E
|
14º00´00´´N
| 140º00´00´´E
|
14º00´00´´N
| 142º00´00´´E
|
12º30´00´´N
| 142º00´00´´E
|
12º30´00´´N
| 158º00´00´´E
|
15º00´00´´N
| 158º00´00´´E
|
15º00´00´´N
| 165º00´00´´E
|
18º00´00´´N
| 165º00´00´´E
|
18º00´00´´N
| 174º00´00´´E
|
12º00´00´´N
| 174º00´00´´E
|
12º00´00´´N
| 176º00´00´´E
|
5º00´00´´N
| 176º00´00´´E
|
1º00´00´´N
| 180º00´00´´
|
1º00´00´´N
| 164º00´00´´W
|
8º00´00´´N
| 164º00´00´´W
|
8º00´00´´N
| 158º00´00´´W
|
0º00´00´´
| 150º00´00´´W
|
6º00´00´´S
| 150º00´00´´W
|
6º00´00´´S
| 146º00´00´´W
|
12º00´00´´S
| 146º00´00´´W
|
26º00´00´´S
| 157º00´00´´W
|
26º00´00´´S
| 174º00´00´´W
|
40º00´00´´S
| 174º00´00´´W
|
40º00´00´´S
| 171º00´00´´W
|
46º00´00´´S
| 171º00´00´´W
|
55º00´00´´S
| 180º00´00´´
|
59º00´00´´S
| 160º00´00´´E
|
59º00´00´´S
| 152º00´00´´E
|
and
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north along the 152 degrees of East longitude until intersecting the Australian 200 nautical mile limit. 1.2 Nothing in this Treaty shall be deemed to affect the applicability of any provision of a Pacific Island party's law which is not identified or otherwise described in this Treaty.
ARTICLE 2
BROADER CO-OPERATION 2.1 The Government of the United States shall, as appropriate, co-operate with the Pacific Island parties through the provision of technical and economic support to assist the Pacific Island parties to achieve the objective of maximizing benefits from the development of their fisheries resources. 2.2 The Government of the United States shall, as appropriate, promote the maximization of benefits generated for the Pacific Island parties from the operations of fishing vessels of the United States licensed pursuant to this Treaty, including:
(a) the use of canning, transshipment, slipping and repair facilities located in the Pacific Island parties;
(b) the purchase of equipment and supplies, including fuel supplies, from suppliers located in the Pacific Island parties; and
(c) the employment of nationals of the Pacific Island parties on board licensed fishing vessels of the United States.
ARTICLE 3
ACCESS TO THE TREATY AREA 3.1 Fishing vessels of the United States shall be permitted to engage in fishing in the Licensing Area in accordance with the terms and conditions referred to in Annex I and licences issued in accordance with the procedures set out in Annex II. 3.2 It shall be a condition of any licence issued pursuant to this Treaty that the vessel in respect of which the licence is issued is operated in accordance with the requirements of Annex I. No fishing vessel of the United States shall be used for fishing in the Licensing Area without a licence issued in accordance with Annex II or in waters closed to fishing pursuant to Annex I, except in accordance with paragraph 3 of this Article, or unless the vessel is used for fishing albacore tuna by the trolling method in high seas areas of the Treaty Area.
3.3 A Pacific Island party may permit fishing vessels of the United States to engage in fishing in waters under the jurisdiction of that party which are:
(a) within the Treaty Area but outside the Licensing Area; or
(b) except for purse seine vessels, within the Licensing Area but otherwise than in accordance with the terms and conditions referred to in Annex I,
in accordance with such terms and conditions as may be agreed from time to time with the owners of the said vessels or their representatives. In such a case, if the Pacific Island party gives notice to the Government of the United States of such arrangements, and if the Government of the United States concurs, the procedures of Articles 4 and 5.6 shall be applicable to such arrangements.
ARTICLE 4
FLAG STATE RESPONSIBILITY 4.1 The Government of the United States shall enforce the provisions of this Treaty and licences issued thereunder. The Government of the United States shall take the necessary steps to ensure that nationals and fishing vessels of the United States refrain from fishing in the Licensing Area and in waters closed to fishing pursuant to Annex I, except as authorised in accordance with Article 3. 4.2 The Government of the United States shall, at the request of the Government of a Pacific Island party, take all reasonable measures to assist that party in the investigation of an alleged breach of this Treaty by a fishing vessel of the United States and promptly communicate all the requested information to that party.
4.3 The Government of the United States shall ensure that:
(a) each fishing vessel of the United States licensed pursuant to this Treaty is fully insured against all risks and liabilities;
(b) all measures are taken to facilitate:
(i) any claim arising out of the activities of a fishing vessel of the United States, including a claim for the total market value of any fish taken from the Licensing Area without authorisation pursuant to this Treaty, and the prompt settlement of that claim;
(ii) the service of legal process by or on behalf of a national or the
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Government of a Pacific Island party in any action arising out of the activities of a fishing vessel of the United States;
(iii) the prompt and full adjudication in the United States of any claim made pursuant to this Treaty;
(iv) the prompt and full satisfaction of any final judgment or other final determination made pursuant to this Treaty; and
(v) the provision of a reasonable level of financial assurances, if, after consultation with the Government of the United States, all Pacific Island parties agree that the collection of any civil or criminal judgment or judgments or determination or determinations made pursuant to this Treaty has become a serious enforcement problem;
(c) an amount equivalent to the total value of any forfeiture, fine, penalty or other amount collected by the Government of the United States incurred as a result of any actions, judicial or otherwise, taken pursuant to this Article is paid to the Administrator as soon as possible following the date that the amount is collected. 4.4 The Government of the United States shall, at the request of the Government of a Pacific Island party, fully investigate any alleged infringement of this Treaty involving a vessel of the United States, and report as soon as practicable and in any case within two months to that Government on that investigation and on any action taken or proposed to be taken by the Government of the United States in relation to the alleged infringement. 4.5 In the event that a report provided pursuant to paragraph 4 of this Article shows that a fishing vessel of the United States:
(a) while fishing in the Licensing Area did not have a licence to fish in the Licensing Area, except in accordance with paragraph 2 of Article 3; or
(b) was involved in any incident in which an authorised officer or observer was allegedly assaulted with resultant bodily harm, physically threatened, forcefully resisted, refused boarding or subjected to physical intimidation or physical interference in the performance of his or her duties as authorised pursuant to this Treaty; or
that there was probable cause to believe that a fishing vessel of the United States:
(c) was used for fishing in waters closed to fishing pursuant to Annex I, except as authorised in accordance with paragraph 3 of Article 3;
(d) was used for fishing in any Limited Area as described in Annex I, except as authorised in accordance with that Annex I;
(e) was used for fishing by any method other than the purse seine method, except in accordance with paragraph 2 of Article 3;
(f) was used for directed fishing for Southern Bluefin Tuna or for fishing for any kinds of fish other than tunas, except that other kinds of fish may be caught as an incidental by-catch;
(g) used an aircraft for fishing which was not identified on a form provided pursuant to Schedule 1 of Annex II in relation to that vessel; or
(h) was involved in an incident in which evidence which otherwise could have been used in proceedings concerning the vessel has been intentionally destroyed;
and that such vessel has not submitted to the jurisdiction of the Pacific Island party concerned, the Government of the United States shall, at the request of that party, take all necessary measures to ensure that the vessel concerned leaves the Licensing Area and waters closed to fishing pursuant to Annex I immediately and does not return except for the purpose of submitting to the jurisdiction of the party, or after action has been taken by the Government of the United States to the satisfaction of that party.
4.6 In the event that a report provided pursuant to paragraph 4 of this Article shows that a fishing vessel of the United States has been involved in a probable infringement of this Treaty, including an infringement of an applicable national law as identified in Schedule 1 of Annex I, other than an infringement of the kind described in paragraph 5 of this Article, and that the vessel has not submitted to the jurisdiction of the Pacific Island party concerned, the Government of the United States shall, at the request of that party, take all necessary measures to ensure that the vessel concerned:
(a) submits to the jurisdiction of that party; or
(b) is penalised by the Government of the United States at such level as may be provided for like violations in United States law relating to foreign fishing vessels licensed to fish in the exclusive economic zone of the United States but not to exceed the sum of US$250,000.
4.7 Financial assurances provided pursuant to this Treaty may be drawn against by any Pacific Island party to satisfy any civil or criminal judgment or other determination in favour of a national or the Government of a Pacific Island party. 4.8 Prior to instituting any legal proceedings pursuant to this Article concerning an alleged infringement of this Treaty in waters within the jurisdiction, for any purpose, as recognised by international law, of a Pacific Island party, the Government of the United States shall notify the Government of that Pacific Island party that such proceedings shall be instituted. Such notice shall include a statement of the facts believed to show an infringement of this Treaty and the nature of the proposed proceedings, including the proposed charges and the proposed penalties to be sought. The Government of the United States shall not institute such proceedings if the Government of that Pacific Island party objects within 30 days of the effective date of such notice.
4.9 The Government of the United States shall ensure that an agent is appointed and maintained in accordance with the requirements of subparagraphs (a) and (b) of this paragraph, with authority to receive and respond to any legal process issued by a Pacific Island party in respect of an operator of any fishing vessel of the United States (identified in the form set out in Schedule 1 of Annex II) and shall notify the Administrator of the name and address of such agent, who:
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(a) shall be located in Port Moresby for the purpose of receiving and responding to any legal process issued in accordance with this Article; and
(b) shall, within 21 days of notification that legal process has been issued in accordance with this Article, travel to any Pacific Island party, at no expense to that party, for the purpose of receiving and responding to that process.
ARTICLE 5
COMPLIANCE POWERS 5.1 It is recognised that the respective Pacific Island parties may enforce the provisions of this Treaty and licences issued thereunder, including arrangements made pursuant to Article 3.3 and licences issued thereunder, in waters under their respective jurisdictions. 5.2 The Governments of the Pacific Island parties shall promptly notify the Government of the United States of any arrest of a fishing vessel of the United States or any of its crew and of any charges filed or proceedings instituted following the arrest, in accordance with this Article.
5.3 Fishing vessels of the United States and their crews arrested for breach of this Treaty shall be promptly released upon the posting of a reasonable bond or other security. Penalties applied in accordance with this Treaty for fishing violations shall not be unreasonable in relation to the offence and shall not include imprisonment or corporal punishment.
5.4 The Government of the United States shall not apply sanctions of any kind including deductions, however effected, from any amounts which might otherwise have been paid to any Pacific Island party, and restrictions on trade with any Pacific Island party, as a result of any enforcement measure taken by a Pacific Island party in accordance with this Article.
5.5 The Governments of the parties shall adopt and inform the other parties of such provisions in their national laws as may be necessary to give effect to this Treaty.
5.6 Where legal proceedings have been instituted by the Government of the United States pursuant to Article 4, no Pacific Island party shall proceed with any legal action in respect of the same alleged infringement as long as such proceedings are maintained. Where penalties are levied or proceedings are otherwise concluded by the Government of the United States pursuant to Article 4, the Pacific Island party which has received notice of such final determination shall withdraw any legal charges or proceedings in respect of the same alleged infringement.
5.7 During any period in which a party is investigating any infringement of this Treaty involving a fishing vessel of the United States, being an infringement which is alleged to have taken place in waters within the jurisdiction, for any purpose, as recognised by international law, of a Pacific Island party, and if that Pacific Island party so notifies the other parties, any licence issued in respect of that vessel shall, for the purposes of Article 3, be deemed not to authorise fishing in the waters of that Pacific Island party.
5.8 If full payment of any amount due as a result of a final judgment or other final determination deriving from an occurrence in waters within the jurisdiction, for any purpose, of a Pacific Island party, is not made to that party within sixty (60) days, the licence for the vessel involved shall be suspended at the request of that party and that vessel shall not be authorised to fish in the Licensing Area until that amount is paid to that party.
ARTICLE 6
CONSULTATIONS AND DISPUTE SETTLEMENT 6.1 At the request of any party, consultations shall be held with any other party within sixty (60) days of the date of receipt of the request. All other parties shall be notified of the request for consultations and any party shall be permitted to participate in such consultations. 6.2 Any dispute between the Government of the United States and the Government of one or more Pacific Island parties in relation to or arising out of this Treaty may be submitted by any such party to an arbitral tribunal for settlement by arbitration no earlier than one hundred and twenty (120) days following a request for consultations under Article 6.1. Unless the parties to the dispute agree otherwise, the Arbitration Rules of the United Nations Commission on International Trade Law as at present in force, shall be used.
6.3 The Government or Governments of the Pacific Island party or parties to the dispute shall appoint one arbitrator and the Government of the United States shall appoint one arbitrator. The third arbitrator, who shall act as presiding arbitrator of the tribunal, shall be appointed by agreement of the parties to the dispute. In the event of a failure to appoint any arbitrator within the time period provided in the Rules, the arbitrator shall be appointed by the Secretary-General of the Permanent Court of Arbitration at The Hague.
6.4 Unless the parties to the dispute agree otherwise, the place of arbitration shall be Port Moresby. The tribunal may hold meetings at such other place or places within the territory of a Pacific Island party or elsewhere within the Pacific Islands region as it may determine. An award or other decision shall be final and binding on the parties to the arbitration, and, unless the parties agree otherwise, shall be made public. The parties shall promptly carry out any award or other decision of the tribunal.
6.5 The fees and expenses of the tribunal shall be paid half by the Government or Governments of the Pacific Island party or parties to the arbitration and half by the Government of the United States, unless the parties to the arbitration agree otherwise.
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ARTICLE 7
REVIEW OF THE TREATY 7. The parties shall meet once each year for the purpose of reviewing the operation of this Treaty.
ARTICLE 8
AMENDMENT OF THE TREATY 8. The following procedures shall apply to the adoption and entry into force of any amendment to this Treaty.
(a) Any party may propose amendments to this Treaty.
(b) A proposed amendment shall be notified to the depositary not less than forty five (45) days before the meeting at which the proposed amendment will be considered.
(c) The depositary shall promptly notify all parties of such proposal.
(d) The parties shall consider proposed amendments to this Treaty at the annual meeting described in Article 7, or at any other time that may be agreed by all parties.
(e) Any amendment to this Treaty shall be adopted by the approval of all the parties, and shall enter into force upon receipt by the depositary of instruments of ratification, acceptance or approval by the parties.
(f) The depositary shall promptly notify all parties of the entry into force of the amendment.
ARTICLE 9
AMENDMENT OF ANNEXES 9. The following procedures may apply to the adoption and entry into force of any amendment to an Annex of this Treaty, at the request of the party proposing the amendment, in lieu of the procedure set out in Article 8, unless otherwise provided in the Annex.
(a) Any party may propose amendment to an Annex of this Treaty at any time by notifying such proposal to the depositary, which shall promptly notify all parties of the proposed amendment.
(b) A party approving a proposed amendment to an Annex shall notify its acceptance to the depositary, which shall promptly notify all the parties of each acceptance. Upon receipt by the depositary of notices of acceptance from all parties, such amendment shall be incorporated in the appropriate Annex and shall have effect from that date, or from such other date as may be specified in such amendment. The depositary shall promptly notify all parties of the adoption of the amendment and its effective date.
ARTICLE 10
NOTIFICATION 10.1 The Administrator and each party shall notify the depositary of their current addresses for the receipt of notices given pursuant to this Treaty, and the depositary shall notify the Administrator and each of the parties of such addresses or any changes thereof. Unless otherwise specified in this Treaty, any notice given in accordance with this Treaty shall be in writing and may be served by hand or sent by telex or, where either method cannot readily be effected, by registered airmail to the address of the party or the Administrator as currently listed with the depositary. 10.2 Delivery by hand shall be effective when made. Delivery by telex shall be deemed to be effective on the business day following the day when the "answer back" appears on the sender's telex machine. Delivery by registered airmail shall be deemed to be effective twenty-one (21) days after posting.
ARTICLE 11
DEPOSITARY 11. The depositary for this Treaty shall be the Government of Papua New Guinea.
ARTICLE 12
FINAL CLAUSES 12.1 This Treaty shall be open for signature by the Governments of all the Pacific Island States and the Government of the United States of America. 12.2 This Treaty is subject to ratification by the States referred to in paragraph 1 of this Article. The instruments of ratification shall be deposited with the depositary.
12.3 This Treaty shall remain open for accession by States referred to in paragraph 1 of this Article. The instruments of accession shall be deposited with the depositary.
12.4 This Treaty shall enter into force upon receipt by the depositary of instruments of ratification by the Government of the United States and by the Governments of ten Pacific Island States which shall include the Federated States of Micronesia, the Republic of Kiribati and Papua New Guinea.
12.5 This Treaty shall enter into force for any State ratifying or acceding after the entry into force of this Treaty on the thirtieth day after the date on which its instrument of ratification or accession is received by the depositary.
12.6 This Treaty shall cease to have effect at the expiry of one year following the receipt by the depositary of an instrument signifying withdrawal or denunciation by the United States, any of the Pacific Island States named in Article 12.4, or such number of Pacific Island States as would leave fewer than ten such States as parties.
12.7 This Treaty shall cease to have effect for a party at the expiry of the sixth month following the receipt by the depositary of an instrument signifying withdrawal or denunciation by that party, except that where this Treaty would cease to have effect under the last preceding paragraph as the result of the receipt of the said instrument, it shall cease to have effect for that party in the manner provided in the last preceding paragraph.
12.8 Any licence in force pursuant to this Treaty shall not cease to have effect as a result of this Treaty ceasing to have effect either generally or for any party, and Articles 1, 3, 4 and 5 shall be regarded as continuing in force between the United States and the Pacific Island State party in respect of such licence until such licence expires in accordance with its terms.
12.9 No reservations may be made to this Treaty.
12.10 Paragraph 9 of this Article does not preclude a State, when signing, ratifying or acceding to this Treaty, from making declarations or statements, provided that such declarations or statements do not purport to exclude or modify the legal effect of the provisions of this Treaty in their application to that State.
DONE at Port Moresby on the second day of April, 1987.
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REPRESENTATIVES OF THE GOVERNMENTS OF:
John Kerin
| Edward Wolfe
|
AUSTRALIA
| John Negroponte
|
| UNITED STATES OF AMERICA
|
Pupuke Ropati
COOK ISLANDS
Andon Amaraich
FEDERATED STATES OF MICRONESIA
Robin Yarrow
FIJI
Teewe Arobati
REPUBLIC OF KIRIBATI
Charles Dominick
REPUBLIC OF THE MARSHALL ISLANDS
Hammer De Roburt
REPUBLIC OF NAURU
Gerald McGhie
NEW ZEALAND
NIUE
REPUBLIC OF PALAU
Edward Diro
PAPUA NEW GUINEA
Sir Peter Kenilorea
SOLOMON ISLANDS
KINGDOM OF TONGA
Lale Seluka
TUVALU
REPUBLIC OF VANUATU
Fuimaono Mimio
WESTERN SAMOA
ANNEX I
PART 1
INTRODUCTORY 1. In this Annex:
(a) "applicable national law" means any provision of a law, however described, of a Pacific Island party which governs the fishing activities of foreign fishing vessels, being a law identified in Schedule 1, and which is not inconsistent with the requirements of this Treaty and shall be taken to exclude any provision which imposes a requirement which is also imposed by this Treaty;
(b) "Closed Area" means an area of a Pacific Island party as described in Schedule 2;
(c) "Limited Area" means an area described in Schedule 3; and
(d) "the vessel" means the vessel in respect of which a licence is issued.
2. Schedule 1 may be amended from time to time by the inclusion by any Pacific Island party of any applicable national law and, for the purposes of this Treaty, except as provided in this paragraph, the amendment shall take effect from the date that the amended Schedule has been notified to the Government of the United States. For the purposes of any obligation on the United States pursuant to paragraphs 4 and 5 of Article 4, the amendment shall take effect sixty (60) days from the date that the amended Schedule has been notified to the Government of the United States. The Government of the Pacific Island party shall use its best endeavours to provide advance notice to the Government of the United States of the amendment. 3. Nothing in this Annex and its Schedules, nor acts or activities taking place thereunder, shall constitute recognition of the claims or the positions of any of the parties concerning the legal status and extent of waters and zones claimed by any party. In the claimed waters and zones, the freedoms of navigation and overflight and other uses of the sea related to such freedoms are to be exercised in accordance with international law.
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PART 2
COMPLIANCE WITH APPLICABLE NATIONAL LAWS 4. The operator of the vessel shall comply with each of the applicable national laws, and shall be responsible for the compliance by the vessel and its crew with each of the applicable national laws, and the vessel shall be operated in accordance with those laws.
PART 3
PROHIBITIONS 5. The vessel shall not be used for directed fishing for Southern Bluefin Tuna, or for fishing for any kinds of fish other than tunas, except that other kinds of fish may be caught as an incidental by-catch. 6. The vessel shall not be used for fishing by any method, except the purse seine method.
7. The vessel shall not be used for fishing in any Closed Area.
8. Except for circumstances involving force majeure and other emergencies involving the health or safety of crew members or the safety of the vessel, no aircraft may be used in association with the fishing activities of the vessel unless it is identified in item 6 or 7 of Schedule 1 of Annex II.
9. The vessel shall not be used for fishing in any Limited Area except in accordance with the requirements set out in Schedule 3, which are applicable to that Limited Area.
PART 4
REPORTING 10. Information relating to the position of and catch on board the vessel, as described in Part 1 of Schedule 4, shall be provided by telex to the Administrator at the following times:
(a) before departure from port for the purpose of beginning a fishing trip in the Licensing Area;
(b) each Wednesday while within the Licensing Area or a Closed Area; and
(c) before entry into port for the purpose of unloading fish from any trip involving fishing in the Licensing Area.
11. Information relating to the position of and catch on board the vessel, as described in Part 2 of Schedule 4, shall be provided to each Pacific Island party in the manner notified to the Government of the United States by that party as follows:
(a) at the time of entry into and of departure from waters which are, for any purpose, subject to the jurisdiction of the Pacific Island party;
(b) at least 24 hours prior to the estimated time of entry into any port of that party; and
(c) as otherwise set out in Part 3 of Schedule 4.
12. At the end of each day that the vessel is in the Licensing Area, an entry or entries for that day shall be completed on the catch report form as set out in Schedule 5, in accordance with the requirements of that form, and such forms shall be posted by registered airmail to the Administrator within fourteen (14) days following the date of the next entry into a port for the purpose of unloading its fish catch. 13. Immediately following the unloading of any fish from the vessel, a report shall be completed in the form set out in Schedule 6 and shall be posted by registered airmail to the Administrator within fourteen (14) days following the date of the completion of that unloading operation, or, in the case of unloading by transshipment, within fourteen (14) days following unloading of that transshipment at the processing site.
PART 5
ENFORCEMENT 14. The master and each member of the crew of the vessel shall immediately comply with every instruction and direction given by an authorised and identified officer of a Pacific Island party, including to stop, to move to a specified location, and to facilitate safe boarding and inspection of the vessel, gear, equipment, records, fish and fish products. Such boarding and inspection shall be conducted as much as possible in a manner so as not to interfere unduly with the lawful operation of the vessel. The operator and each member of the crew shall facilitate and assist in any action by an authorised officer of a Pacific Island party and shall not assault, obstruct, resist, delay, refuse boarding to, intimidate or interfere with an authorised officer in the performance of his or her duties.
15. The international distress frequency, 2.182 MHz, and 156.8 MHz (Channel 16, VHF) shall be monitored continuously from the vessel for the purpose of facilitating communication with the surveillance and enforcement authorities of the parties.
16. The international radio call sign of the vessel shall be painted in white on a black background, or in black on a white background, in the following manner:
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(a) amidships on both sides immediately below the gunwale, and on a horizontal plane on the superstructure, in letters and figures 20 centimetres apart, with each letter and figure being at least one metre high and 50 centimetres wide and with each line at least 12.5 centimetres wide;
(b) if a helicopter is being carried, on the body of the helicopter in a place clearly visible from sea level, in letters and figures five centimetres apart, with each letter and figure being at least 25 centimetres high, 10 centimetres wide and with each line being at least 2.5 centimetres wide; and
(c) on any other equipment being carried by and intended to be separated from the vessel during normal fishing operations, in letters and figures clearly legible to the naked eye;
and at all times while the vessel is within the Licensing Area or a Closed Area, all parts of these markings shall be clear, distinct and uncovered.
17. The licence shall be carried on board the vessel and produced at the request of an authorised enforcement official of any of the parties. Prior to receipt of the licence, the correct citation of the licence number shall satisfy this requirement.
PART 6
OBSERVERS 18. The operator and each member of the crew of the vessel shall allow and assist any person identified as an observer by the Pacific Island parties to:
(a) board the vessel for scientific, compliance, monitoring and other functions at the point and time notified by the Pacific Island parties to the Government of the United States;
(b) have full access to and the use of facilities and equipment on board the vessel which the observer may determine is necessary to carry out his or her duties; have full access to the bridge, fish on board and areas which may be used to hold, process, weigh and store fish; remove samples; have full access to the vessel's records, including its log and documentation for the purpose of inspection and copying; and gather any other information relating to fisheries in the Licensing Area; without interfering unduly with the lawful operation of the vessel;
(c) disembark at the point and time notified by the Pacific Island parties to the Government of the United States; and
(d) carry out his or her duties safely;
and no operator or crew member of the vessel shall assault, obstruct, resist, delay, refuse boarding to, intimidate or interfere with an observer in the performance of his or her duties.
19. The operator shall provide the observer, while on board the vessel, at no expense to the Pacific Island parties, with food, accommodation and medical facilities of such reasonable standard as may be acceptable to the Pacific Island party whose representative is serving as the observer. 20. Any operator of the vessel from which any fish taken in the Licensing Area is unloaded shall allow, or arrange for, and assist any person authorised for this purpose by the Pacific Island parties to have full access to any place where such fish is unloaded, to remove samples and to gather any other information relating to fisheries in the Licensing Area.
21. An observer programme shall be conducted in accordance with this Treaty and provisions that may be agreed from time to time.
PART 7
MISCELLANEOUS REQUIREMENTS 22. At all times while the vessel is in a Closed Area, the fishing gear of the vessel shall be stowed in such a manner as not to be readily available for fishing. In particular, the boom shall be lowered as far as possible so that the vessel cannot be used for fishing but so that the skiff is accessible for use in emergency situations; the helicopter, if any, shall be tied down; and launches shall be secured. 23. The vessel shall be operated in such a way that the activities of traditional and locally based fishermen and fishing vessels are not disrupted or in any other way adversely affected.
24. Any information required to be recorded, or to be notified, communicated or reported pursuant to a requirement of this Treaty shall be true, complete and correct. Any change in circumstances which has the effect of rendering any such information false, incomplete or misleading shall be notified to the Administrator immediately.
SCHEDULE 1
APPLICABLE NATIONAL LAWS The following laws and any regulations or other instruments having the force
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of law which have been implemented pursuant to those laws, as amended at the time this Treaty enters into force, shall be considered as applicable national laws for the purposes of this Treaty. Australia
Antarctic Marine Living Resources Conservation Act, 1981
Continental Shelf (Living Natural Resources) Act, 1968
Continental Shelf (Living Natural Resources) Regulations
Fisheries Act, 1952
Fisheries Regulations
Torres Strait Fisheries Act, 1984
Whale Protection Act, 1980
Cook Islands
Cook Islands Commercial Fishing Regulations, 1951
Exclusive Economic Zone (Foreign Fishing Craft) Regulations, 1979
Fisheries Protection Act, 1976
Fishing Ordinance, 1950
Territorial Sea and Exclusive Economic Zone Act, 1977
Federated States of Micronesia
Titles 18 and 24 of the Code of the Federated States of Micronesia, as amended by Public Law Nos. 2-28, 2-31, 3-9, 3-10, 3-34, and 3-80
Fiji
Fisheries Act, 1942
Fisheries Ordinance (Cap 135)
Fisheries Regulations (Cap 135)
Marine Spaces Act, 1978
Marine Spaces (Foreign Fishing Vessels) Regulations, 1979
Kiribati
Fisheries Ordinance, 1979
Fisheries (Amendment) Act, 1984
Marine Zones (Declaration) Act, 1983
Marshall Islands
Marine Resources Jurisdiction Act, 1978
Marine Zones (Declaration) Act, 1984
Nauru
Interpretation Act, 1971
Interpretation Act, 1975
Marine Resources Act, 1978
New Zealand
Antarctic Marine Living Resources Act, 1981
Continental Shelf Act, 1964
Exclusive Economic Zone (Foreign Fishing Craft) Regulations, 1978
Fisheries Act, 1983
Marine Mammals Protection Act, 1978
Territorial Sea and Exclusive Economic Zone Act, 1977
Tokelau (Territorial Sea and Exclusive Economic Zone Act), 1977
Niue
Territorial Sea and Exclusive Economic Zone Act, 1978
Palau
Palau National Code, Title 27
Papua New Guinea
Fisheries Act (Cap 214)
Fisheries Regulations (Cap 214)
Fisheries (Torres Strait Protected Zone) Act, 1984
Tuna Resources Management (National Seas) Act (Cap 224)
Whaling Act (Cap 225)
Solomon Islands
Delimitation of Marine Waters Act, 1978
Fisheries Act, 1972
Fisheries Limits Act, 1977
Fisheries Regulations, 1972
Fisheries (Foreign Fishing Vessels) Regulations, 1981
Tonga
Fisheries Protection Act, 1973
Fisheries Regulation Act, 1923
Whaling Industry (Amendment) Act, 1979
Tuvalu
Fisheries Act (Cap 45)
Foreign Fishing Vessel Regulations, 1982
Fisheries (Foreign Fishing Vessel) (Amendment) Regulations, 1984
Marine Zones (Declaration) Act, 1983
Vanuatu
Fisheries Act, 1982
Fisheries Regulations, 1983
Maritime Zones Act, 1981
Western Samoa
Exclusive Economic Zone Act, 1977
Fisheries Protection Act, 1972
Territorial Sea Act, 1971
SCHEDULE 2
CLOSED AREAS
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Australia. All waters within the seaward boundary of the Australian Fishing Zone (AFZ) west of a line connecting the point of intersection of the outer limit of the AFZ by the parallel of latitude 25º30´ South with the point of intersection of the meridian of longitude 151º East of the outer limit of the AFZ and all waters south of the parallel of latitude 25º30´ South.
Cook Islands. Territorial Sea.
Federated States of Micronesia. Three nautical mile territorial sea and nine nautical mile exclusive fishery zone and on all named banks and reefs as depicted on the following charts:
DMAHTC NO 81019 (2nd. ed., Mar. 1945; revised 7/17/72. corrected through NM 3/78 of June 21, 1978).
DMAHTC NO 81023 (3rd. ed., Aug. 7, 1976).
DMAHTC NO 81002 (4th. ed., Jan. 26, 1980; corrected through NM 4/80).
Fiji. Internal waters, archipelagic waters and territorial seas of Fiji and Rotuma and its Dependencies.
Kiribati. Within archipelagic waters as established in accordance with Marine Zones Declaration Act 1983; within 12 nautical miles drawn from the baselines from which the territorial sea is measured; within 2 nautical miles of any anchored fish aggregating device for which notification of its location shall be given by geographical coordinates.
Marshall Islands. 12 nautical mile territorial sea and area within two nautical miles of any anchored fish aggregating device for which notification of its location shall be given by geographical coordinates.
Nauru. The territorial waters as defined by Nauru Interpretation Act, 1971, Section 2.
New Zealand. Territorial waters; waters within 6 nautical miles of outer boundary of territorial waters; all waters to west of New Zealand main islands and south of 39º South latitude; all waters to east of New Zealand main islands south of 40º South latitude; and in respect of Tokelau: areas within 12 nautical miles of all island and reef baselines; twelve and one half nautical miles either side of a line joining Atafu and Nukunonu and Faka'ofo; and coordinates as follows:
Atafu: 8º35´10´´S, 172º29´30´´W
Nukunonu: 9º06´25´´S, 171º52´10´´W
9º11´30´´S, 171º47´00´´W
Faka'ofo: 9º22´30´´S, 171º16´30´´W
Niue. Territorial sea and within 3 nautical miles of Beveridge Reef, Antiope Reef and Haran Reef as depicted by appropriate symbols on NZ 225F (chart showing the territorial sea and exclusive economic zone of Niue pursuant to the Niue Territorial Sea and Exclusive Economic Zone Act of 1978).
Palau. Within 12 nautical miles of all island baselines in the Palau Islands; within a 50 nautical mile arc measured from the entrance to Malakal Harbour (7º16´44´´N, 134º28´18´´E) and extending from where the arc intersects the territorial sea limit to the northeast of Babelthuap Island to the 134º East meridian of longitude, southwest of Angaur Island then due north along the 134º East meridian of longitude to the intersection with the territorial sea limit.
Papua New Guinea. In addition to its territorial sea and internal waters, within the area bounded by the following parallels and meridians—from latitude 0º30´ South to latitude 3º30´ South, and from longitude 149º East to longitude 153º East.
Solomon Islands. All waters within the fishery limits of the Solomon Islands (including internal waters, territorial sea and archipelagic waters) except that part of the fishery limits east and north of the following lines: commencing at a point 161º East, 4º20´ South, then extending due south along 161º to a point 6º30´ South, then by a line extending due east to a point 165º East, then by a line due south to a point 8º South, then by a line due east to a point 169º55´ East.
Tonga. All waters with depths of not more than 1,000 metres, within the area bounded by the fifteenth and twenty third and one half degrees of south latitudes and the one hundred and seventy third and the one hundred and seventy seventh degrees of west longitudes; also within a radius of twelve nautical miles from the islands of Teleki Tonga and Teleki Tokelau.
Tuvalu. Territorial sea and waters within two nautical miles of all named banks, i.e. Macaw, Kosciusko, Rose, Bayonnaise and Hera, in Tuvalu EEZ, as depicted on the chart entitled "Tuvalu Fishery Limits" prepared by the United Kingdom Hydrographic Department, Taunton, January 11, 1981.
Vanuatu. Archipelagic waters and the territorial sea, and internal waters.
Western Samoa. Territorial sea; reefs, banks and areas bounded/enclosed by the following parallels and meridians to the extent such areas are within Western Samoa fisheries jurisdiction:
1. From latitude 12º58´ South to latitude 13º11.5´ South and longitude 174º 5.5´ West to longitude 174º 26´ West. 2. From latitude 12º 12´ South to latitude 12º 38.5´ South and longitude 173º 47´ West to longitude 174º 25´ West.
3. From latitude 13º 7´ South to latitude 13º 19´ South and longitude 172º 59´ West to longitude 173º 38.5´ West.
4. From latitude 14º 51´ South to latitude 15º 3.4´ South and longitude 172º 10.7´ West to longitude 172º 19.1´ West.
5. From latitude 14º 20.5´ South to latitude 14º 28´ South and longitude 171º 8´ West to longitude 171º 17´ West.
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and within 2 nautical miles of any anchored fish aggregating device within the EEZ for which notification of its location shall be given by geographical coordinates.
Only the Closed Areas, as described above, of Pacific Island States which are parties to this Treaty shall be applicable under the terms of this Treaty.
SCHEDULE 3
LIMITED AREAS Solomon Islands
1. The Solomon Islands Limited Area is all of the Licensing Area within the fishery limits of Solomon Islands as described in the Fishery Limits Act 1977 of Solomon Islands. 2. "Fishing day" means any day or part of a day of the week in which a vessel is used for fishing in the Solomon Islands Limited Area.
3. There shall be no fishing in the Solomon Islands Limited Area after the expiry of the five hundredth fishing day from the earliest date on which any Licensing Period takes effect in any given year.
SCHEDULE 4
REPORTING DETAILS
PART 1
LICENSING AREA REPORTS TO THE ADMINISTRATOR - (a)
- Port departure and entry into port for unloading
(1) report type (LBEG for port departure to begin fishing and LFIN for port entry for unloading)
(2) date
(3) call sign
(4) port name
(5) catch on board by species (in short tons)
as: LBEG (or LFIN)/ddmmyy/CALL SIGN/PORT/SJ xxx YF yyy OTH zzz
- (b)
- Weekly reports
(1) report type (WEEK)
(2) date
(3) call sign
(4) position (to one minute of arc)
(5) catch on board by species
as: WEEK/ddmmyy/CALL SIGN/LA 1111/LO 11111/SJ xxx YF yyy OTH zzz
PART 2
REPORTS TO NATIONAL AUTHORITIES - (a)
- Zone entry and exit
(1) report type (ZENT for entry and ZEXT for exit)
(2) date
(3) call sign
(4) position (to one minute of arc)
(5) catch on board by species
as: ZENT (or ZEXT)/ddmmyy/CALL SIGN/TIME/LA 1111/LO 11111/SJ xxx YF yyy OTH zzz
- (b)
- Port entry reports
(1) report type (PENT)
(2) date
(3) call sign
(4) estimated time of entry into port (GMT)
(5) port name
as: PENT/ddmmyy/CALL SIGN/TIME/PORT NAME
PART 3
OTHER NATIONAL REPORTING REQUIREMENTS 1. Australia
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(a) Report of position each two days while within the Australian Fishing Zone;
(b) 24 hours notice of intention to enter the Australian Fishing Zone; and
(c) Report of catch by species every six days while within the Australian Fishing Zone.
2. Fiji
(a) While in Fiji fisheries waters, daily position reporting of the name, call sign, and country of registration of the craft, and its position at that specified time; and
(b) While in Fiji fisheries waters, weekly report of catch by species.
3. Kiribati
While in the Kiribati exclusive economic zone, report on entry into or exit from Closed Areas.
4. New Zealand
(a) While in the New Zealand exclusive economic zone, notification of daily noon positions, to be received no later than noon on the following day;
(b) Notice of catch on board the vessel at the time of entry into the New Zealand exclusive economic zone;
(c) A weekly report of catch taken in the New Zealand exclusive economic zone to cover the period 0001 hours on a Monday to 2400 hours on the following Sunday and to be received by noon on the following Tuesday; and
(d) 24 hours notice of intention to enter the New Zealand exclusive economic zone.
5. Solomon Islands
Report on:
(a) Expected vessel position, date and time of entry at least 24 hours before entry into the Solomon Islands Fishery Limits;
(b) Entry to or exit from Solomon Islands Limited Area together with the catch on board by weight and volume; and
(c) A weekly report of catch taken and fishing days in the Solomon Islands exclusive economic zone to cover the period 0001 hours on a Monday to 2400 hours on the following Sunday and to be received by noon on the following Tuesday.
6. Tonga While in the Tonga exclusive economic zone, daily position report by radio or telex.
7. Tuvalu
(a) Report not less than 24 hours before entry into the Tuvalu fishery limits on:
(i) the name, call sign and country of registration of the vessel;
(ii) the licence number;
(iii) position on entry; and
(iv) catch by species.
PURSE SEINE VESSEL CATCH REPORT FORM
|
|
| NAME
|
| YYMMDD
|
VESSEL NAME
| LICENSE/PERMIT NUMBER
| DEPARTURE FROM PORT
|
| DATE
|
|
COUNTRY OF REGISTRATION
| NAME OF CAPTAIN
|
|
|
|
|
REGISTRATION NUMBER
| LICENSE/PERMIT
| ARRIVAL AT PORT
|
| DATE
|
|
GROSS REGISTERED TONNAGE
| HOLDER'S SIGNATURE
|
|
|
|
|
NAME(S) OF FISH CARRIER(S)
|
|
|
|
|
|
FOR GROUP PURSE-SEINER
| YEAR
| MONTH
| NUMBER OF CREW
|
|
|
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SCHEDULE 6
PURSE SEINE UNLOADING LOGSHEET
Radio Call Sign or Vessel Name Regional Register No.
- (1)
- Port
or, If at sea, position: Lat Long
- (2)
- Dates
- (a)
- At unloading point
Arrival Departure
- (b)
- At unloading
Commencement Completion
- (3)
- Partial or complete unloading
- (4)
- Unloading to
- (5)
- (a) Carrier Vessel Name
and Radio call sign or regional Register No.
or
- (b)
- Name and address of company accepting fish
- (6)
- Destination of fish
- (7)
- Quantity unloaded
| Yellowfin
| Skipjack
| Bigeye
| Marlin
| Other
| Unit of Measurement
|
Accepted
|
|
|
|
|
|
|
Rejected
|
|
|
|
|
|
|
Signatures
|
|
|
|
|
|
|
Vessel Master Receiving Agent
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ANNEX II 1. For the purposes of this Annex:
(a) "Licensing Period" means the period of validity of licences issued in accordance with this Treaty.
2. The Government of the United States shall make application for a licence in respect of any fishing vessel of the United States intended by the operator to be used for purse seine fishing in the Licensing Area at any time in the Licensing Period by providing to the Administrator a complete application form as set out in Schedule 1. 3. Licences issued pursuant to this Treaty shall not take effect until the Administrator has received payment, free of any charges whatsoever, of the amounts set out in Part 1 of Schedule 2 for that Licensing Period in the manner described in that Schedule. Other financial commitments shall be provided during the Licensing Period pursuant to Part 2 of Schedule 2.
4. Subject to paragraph 5, a licence may be denied:
(a) where the application is not in accordance with the requirements of paragraph 2;
(b) where the owner or charterer is the subject of proceedings under the bankruptcy laws of the United States, unless reasonable financial assurances have been provided to the Administrator;
(c) where the vessel in respect of which application for a licence has been made does not have good standing on the Regional Register of Foreign Fishing Vessels, maintained by the South Pacific Forum Fisheries Agency, provided that:
(i) good standing is withdrawn only as a result of:
(A) the commission of a serious offence against fisheries laws or regulations of a Pacific Island State and the operator has not fully complied with any civil or criminal judgment rendered with respect to such an offence;
(B) evidence existing that gives reasonable cause to believe that the operator has committed a serious offence against the fisheries laws or regulations of any Pacific Island State and that it has not been possible to bring the vessel operator to trial; or
(C) the vessel operator has failed to comply with information requirements for registration as notified by the Administrator to the Government of the United States;
(ii) the Pacific Island party requesting withdrawal of good standing has first consulted the Government of the United States and has made all reasonable efforts to resolve the dispute in question before utilizing the procedures for withdrawal of good standing;
(iii) in the event of a request for withdrawal of good standing from the Regional Register of Foreign Fishing Vessels of a vessel licensed pursuant to this Treaty, the Pacific Island parties agree to take into consideration that vessel's compliance with the terms of this Treaty in determining whether to approve such a request; and
(iv) following a withdrawal of good standing the Pacific Island party involved promptly advises the Government of the United States in writing of the reason for the withdrawal and the requirements which must be fulfilled to reinstate good standing;
(d) where there has been a failure to satisfy a final judgment or other final determination for a breach of this Treaty by the owner, charterer or master of the vessel in respect of which application for a licence has been made, until such time as the final judgment or other final determination is satisfied, and subsequent change in ownership of a vessel shall not affect the application of this provision; or
(e) where an operator has committed, or the vessel has been used for:
(i) a violation of this Treaty, providing that the Pacific Island parties, following consultation with the Government of the United States, determine that the violation is of a serious nature; or
(ii) any violation of this Treaty on more than one occasion, providing that the Pacific Island parties, following consultation with the Government of the United States, determine that such multiple violations constitute a serious disregard of this Treaty.
5. A maximum number of licences may be issued for any Licensing Period as set out in Schedule 2, and, upon request by the Government of the United States, the Pacific Island parties may agree to vary such number. 6. On receipt of an application for a licence in accordance with this Annex, the Administrator shall take the necessary steps to ensure that:
(a) a licence in the form set out in Schedule 3 in respect of the vessel identified in the application; or
(b) a statement setting out the reasons that a licence in respect of the
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vessel identified in the application is denied together with a refund of the amount or amounts provided with the application; is promptly provided to the Government of the United States.
SCHEDULE 1
TREATY ON FISHERIES BETWEEN THE GOVERNMENTS OF CERTAIN PACIFIC ISLAND STATES AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA APPLICATION FORM
Application is hereby made for a licence authorising the use of the vessel named in this application for fishing in the Licensing Area. 1. FULL NAME OF VESSEL: 2. RADIO CALL SIGN OF VESSEL:
3. REGIONAL REGISTER NUMBER OF VESSEL:
4. FULL NAME AND ADDRESS OF EACH PERSON WHO IS AN OPERATOR OF THE VESSEL, AND STATE WHETHER OWNER, CHARTERER, MASTER OR OTHER. IF OTHER, SPECIFY DETAILS:
5. FULL NAME AND ADDRESS OF INSURER FOR PURPOSES OF ARTICLE 4.3 (a) OF THE TREATY:
6. REGISTRATION NUMBER AND MAKE OF HELICOPTER, IF ANY, TO BE CARRIED ON VESSEL:
7. REGISTRATION NUMBER AND MAKE OF ANY AIRCRAFT TO BE USED IN ASSOCIATION WITH FISHING ACTIVITIES AND NAME AND ADDRESS OF OPERATOR:
8. STATE WHETHER OWNER OR CHARTERER IS THE SUBJECT OF PROCEEDINGS UNDER THE BANKRUPTCY LAWS OF THE UNITED STATES:
9. STATE WHETHER OPERATOR OR VESSEL HAS BEEN INVOLVED IN A VIOLATION OF THIS TREATY. IF YES, SPECIFY DETAILS:
Date of application
| Director of the Southwest Region National Marine Fisheries Service National Oceanic and Atmospheric Administration
|
SCHEDULE 2
PAYMENTS The following amounts are payable annually for a period of five (5) years pursuant to paragraph 3 of Annex II.
PART 1 1. The amounts payable as set forth in this paragraph.
(a) Annual industry payments shall be made as follows:
(i) for the first annual Licensing Period, a lump sum of US$1.75 million for 35 vessels, with the next five licences to be made available for the same pro-rata payment as the first 35 licences, and an additional 10 licences to be made available at US$60,000 per vessel;
(ii) for subsequent annual Licensing Periods, 40 vessel licences calculated on the same basis as the first 40 vessel licences in sub-paragraph (i) and indexed to the price of fish as set forth below, with 10 additional licences to be made available at US$60,000 per vessel and indexed to the price of fish as set forth below.
(b) The indexation shall be applied as follows:
(i) DEFINITIONS
A. Base Vessel Payment: The Base Vessel Payment is US$50,000 for the first 40 vessels to be licensed and US$60,000 for vessels to be licensed in excess of 40 vessels.
B. Adjusted Individual Vessel Payment: The Adjusted Individual Vessel Payment is the individual vessel payment of each annual Licensing Period after the first annual Licensing Period. The Adjusted Individual Vessel Payment will always apply to the Licensing Period immediately following its calculation.
C. Landed Price: The Landed Price is the published standard price per ton (American Tuna Sales Association) for fish delivered to American Samoa prevailing at the time a United States purse seine vessel arrives in port for the purpose of offloading its catch.
D. Average Landed Price: The Average Landed Price is calculated by averaging
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the established landed price categories for yellowfin and skipjack tuna in American Samoa. The landed price categories to be used are: over 7.5 pounds, 4 to 7.5 pounds and 3 to 4 pounds for skipjack; over 20 pounds, 7.5 to 20 pounds and 4 to 7.5 pounds for yellowfin.
E. Base Price: The Base Price is the Average Landed Price for the three months prior to the Treaty entering into force.
F. Estimated Landed Value: The Estimated Landed Value is the Average Landed Price in effect at the time of a vessel's landing weighted by the yellowfin/skipjack mix ratio to be calculated from information on Schedule 6 for that vessel.
G. Average Estimated Landed Value: The Average Estimated Landed Value is the Estimated Landed Value for all landings by United States purse seine vessels in American Samoa in the four quarters preceding the final quarter of the applicable Licensing Period divided by the total number of those landings for the same period.
(ii) CALCULATION AND APPLICATION OF INDEXING FACTOR
A. To obtain the indexing factor by which the Adjusted Individual Vessel Payment shall be calculated, divide the Average Estimated Landed Value for the preceding four quarters by the Base Price.
B. To obtain the Adjusted Individual Vessel Payment, multiply the Base Vessel Payment by the indexing factor obtained in Paragraph (ii) A.
C. In no case shall the Adjusted Individual Vessel Payment be less than the Base Vessel Payment.
(iii) NOTIFICATIONS
The established prices and any changes shall be supplied to the Administrator by the Government of the United States within ten (10) days of their publication. The Administrator shall notify the Government of the United States sixty (60) days before the start of each Licensing Period of the Adjusted Individual Vessel Payment along with the computation used to arrive at the Adjusted Individual Vessel Payment. The Adjusted Individual Vessel Payment shall become final thirty (30) days after receipt by the Government of the United States, unless the Government of the United States advises the Administrator otherwise, in which case consultations shall be held.
(iv) CONSULTATIONS
If the established price categories are revised, or if there is a change in the tuna industry structure which makes the price calculations as set forth above inappropriate, the Administrator may consult with representatives of the Government of the United States as necessary to revise the formula.
(c) There shall be no pro-ration of the Base Vessel Payment or the Adjusted Individual Vessel Payment. There shall be no refunds of the Base Vessel Payment or the Adjusted Individual Vessel Payment following licence issuance pursuant to Annex II. 2. Sums payable pursuant to the related Agreement between the South Pacific Forum Fisheries Agency and the Government of the United States.
PART 2 3. Technical assistance, including provision of assistance by technicians, by the United States tuna industry valued at US$250,000 annually in response to requests co-ordinated through the Administrator.
SCHEDULE 3
TREATY ON FISHERIES BETWEEN THE GOVERNMENTS OF CERTAIN PACIFIC ISLAND STATES AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA
LICENCE FORM
The vessel described in this licence is hereby authorised to engage in fishing in the Licensing Area for the period described in this licence, in accordance with the terms and conditions referred to in Annex I. Full name of vessel:
Radio call sign of vessel:
Regional register number of vessel:
Helicopter or other aircraft which may be used in association with the fishing activities of the vessel:
Period of validity:
The period of validity of this licence shall be no longer than one year:
From , 19
To , 19
For and on behalf of the Pacific Island parties
Date of issue:
Licence number:
Warning: It is an offence against the laws of many nations, including the United States of America, to violate the requirements of Annex I. Penalties may include substantial fines and vessel forfeiture.
FISHERIES MANAGEMENT ACT 1991
Schedule 2—Fish Stocks Agreement
Note: See subsection 4(1) (definition of Fish Stocks
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Agreement).
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
The States Parties to this Agreement,
Recalling the relevant provisions of the United Nations Convention on the Law of the Sea of 10 December 1982,
Determined to ensure the long-term conservation and sustainable use of straddling fish stocks and highly migratory fish stocks,
Resolved to improve cooperation between States to that end,
Calling for more effective enforcement by flag States, port States and coastal States of the conservation and management measures adopted for such stocks,
Seeking to address in particular the problems identified in chapter 17, programme area C, of Agenda 21 adopted by the United Nations Conference on Environment and Development, namely, that the management of high seas fisheries is inadequate in many areas and that some resources are overutilized; noting that there are problems of unregulated fishing, over-capitalization, excessive fleet size, vessel reflagging to escape controls, insufficiently selective gear, unreliable databases and lack of sufficient cooperation between States,
Committing themselves to responsible fisheries,
Conscious of the need to avoid adverse impacts on the marine environment, preserve biodiversity, maintain the integrity of marine ecosystems and minimize the risk of long-term or irreversible effects of fishing operations,
Recognizing the need for specific assistance, including financial, scientific and technological assistance, in order that developing States can participate effectively in the conservation, management and sustainable use of straddling fish stocks and highly migratory fish stocks,
Convinced that an agreement for the implementation of the relevant provisions of the Convention would best serve these purposes and contribute to the maintenance of international peace and security,
Affirming that matters not regulated by the Convention or by this Agreement continue to be governed by the rules and principles of general international law,
Have agreed as follows:
PART I
GENERAL PROVISIONS
Article 1
Use of terms and scope
1. For the purposes of this Agreement:
(a) "Convention" means the United Nations Convention on the Law of the Sea of 10 December 1982;
(b) "conservation and management measures" means measures to conserve and manage one or more species of living marine resources that are adopted and applied consistent with the relevant rules of international law as reflected in the Convention and this Agreement;
(c) "fish" includes molluscs and crustaceans except those belonging to sedentary species as defined in article 77 of the Convention; and
(d) "arrangement" means a cooperative mechanism established in accordance with the Convention and this Agreement by two or more States for the purpose, inter alia, of establishing conservation and management measures in a subregion or region for one or more straddling fish stocks or highly migratory fish stocks.
2. (a) "States Parties" means States which have consented to be bound by this Agreement and for which the Agreement is in force.
(b) This Agreement applies mutatis mutandis:
(i) to any entity referred to in article 305, paragraph 1(c), (d) and (e), of the Convention and
(ii) subject to article 47, to any entity referred to as an "international organization" in Annex IX, article 1, of the Convention
which becomes a Party to this Agreement, and to that extent "States Parties" refers to those entities.
3. This Agreement applies mutatis mutandis to other fishing entities whose vessels fish on the high seas.
Article 2
Objective
The objective of this Agreement is to ensure the long-term conservation and sustainable use of straddling fish stocks and highly migratory fish stocks through effective implementation of the relevant provisions of the Convention.
Article 3
Application
1. Unless otherwise provided, this Agreement applies to the conservation and management of straddling fish stocks and highly migratory fish stocks beyond areas under national jurisdiction, except that articles 6 and 7 apply also to
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the conservation and management of such stocks within areas under national jurisdiction, subject to the different legal regimes that apply within areas under national jurisdiction and in areas beyond national jurisdiction as provided for in the Convention.
2. In the exercise of its sovereign rights for the purpose of exploring and exploiting, conserving and managing straddling fish stocks and highly migratory fish stocks within areas under national jurisdiction, the coastal State shall apply mutatis mutandis the general principles enumerated in article 5.
3. States shall give due consideration to the respective capacities of developing States to apply articles 5, 6 and 7 within areas under national jurisdiction and their need for assistance as provided for in this Agreement. To this end, Part VII applies mutatis mutandis in respect of areas under national jurisdiction.
Article 4
Relationship between this Agreement
and the Convention
Nothing in this Agreement shall prejudice the rights, jurisdiction and duties of States under the Convention. This Agreement shall be interpreted and applied in the context of and in a manner consistent with the Convention.
PART II
CONSERVATION AND MANAGEMENT OF STRADDLING
FISH STOCKS AND HIGHLY MIGRATORY FISH
STOCKS
Article 5
General principles
In order to conserve and manage straddling fish stocks and highly migratory fish stocks, coastal States and States fishing on the high seas shall, in giving effect to their duty to cooperate in accordance with the Convention:
(a) adopt measures to ensure long-term sustainability of straddling fish stocks and highly migratory fish stocks and promote the objective of their optimum utilization;
(b) ensure that such measures are based on the best scientific evidence available and are designed to maintain or restore stocks at levels capable of producing maximum sustainable yield, as qualified by relevant environmental and economic factors, including the special requirements of developing States, and taking into account fishing patterns, the interdependence of stocks and any generally recommended international minimum standards, whether subregional, regional or global;
(c) apply the precautionary approach in accordance with article 6;
(d) assess the impacts of fishing, other human activities and environmental factors on target stocks and species belonging to the same ecosystem or associated with or dependent upon the target stocks;
(e) adopt, where necessary, conservation and management measures for species belonging to the same ecosystem or associated with or dependent upon the target stocks, with a view to maintaining or restoring populations of such species above levels at which their reproduction may become seriously threatened;
(f) minimize pollution, waste, discards, catch by lost or abandoned gear, catch of non-target species, both fish and non-fish species, (hereinafter referred to as non-target species) and impacts on associated or dependent species, in particular endangered species, through measures including, to the extent practicable, the development and use of selective, environmentally safe and cost-effective fishing gear and techniques;
(g) protect biodiversity in the marine environment;
(h) take measures to prevent or eliminate overfishing and excess fishing capacity and to ensure that levels of fishing effort do not exceed those commensurate with the sustainable use of fishery resources;
(i) take into account the interests of artisanal and subsistence fishers;
(j) collect and share, in a timely manner, complete and accurate data concerning fishing activities on, inter alia, vessel position, catch of target and non-target species and fishing effort, as set out in Annex I, as well as information from national and international research programmes;
(k) promote and conduct scientific research and develop appropriate technologies in support of fishery conservation and management; and
(l) implement and enforce conservation and management measures through effective monitoring, control and surveillance.
Article 6
Application of the precautionary approach
1. States shall apply the precautionary approach widely to conservation, management and exploitation of straddling fish stocks and highly migratory fish stocks in order to protect the living marine resources and preserve the marine environment.
2. States shall be more cautious when information is uncertain, unreliable or inadequate. The absence of adequate scientific information shall not be used as a reason for postponing or failing to take conservation and management measures.
3. In implementing the precautionary approach, States shall:
(a) improve decision-making for fishery resource conservation and management by obtaining and sharing the best scientific information available and implementing improved techniques for dealing with risk and uncertainty;
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(b) apply the guidelines set out in Annex II and determine, on the basis of the best scientific information available, stock-specific reference points and the action to be taken if they are exceeded;
(c) take into account, inter alia, uncertainties relating to the size and productivity of the stocks, reference points, stock condition in relation to such reference points, levels and distribution of fishing mortality and the impact of fishing activities on non-target and associated or dependent species, as well as existing and predicted oceanic, environmental and socio-economic conditions; and
(d) develop data collection and research programs to assess the impact of fishing on non-target and associated or dependent species and their environment, and adopt plans which are necessary to ensure the conservation of such species and to protect habitats of special concern.
4. States shall take measures to ensure that, when reference points are approached, they will not be exceeded. In the event that they are exceeded, States shall, without delay, take the action determined under paragraph 3(b) to restore the stocks.
5. Where the status of target stocks or non-target or associated or dependent species is of concern, States shall subject such stocks and species to enhanced monitoring in order to review their status and the efficacy of conservation and management measures. They shall revise those measures regularly in the light of new information.
6. For new or exploratory fisheries, States shall adopt as soon as possible cautious conservation and management measures, including, inter alia, catch limits and effort limits. Such measures shall remain in force until there are sufficient data to allow assessment of the impact of the fisheries on the long-term sustainability of the stocks, whereupon conservation and management measures based on that assessment shall be implemented. The latter measures shall, if appropriate, allow for the gradual development of the fisheries.
7. If a natural phenomenon has a significant adverse impact on the status of straddling fish stocks or highly migratory fish stocks, States shall adopt conservation and management measures on an emergency basis to ensure that fishing activity does not exacerbate such adverse impact. States shall also adopt such measures on an emergency basis where fishing activity presents a serious threat to the sustainability of such stocks. Measures taken on an emergency basis shall be temporary and shall be based on the best scientific evidence available.
Article 7
Compatibility of conservation and
management measures
1. Without prejudice to the sovereign rights of coastal States for the purpose of exploring and exploiting, conserving and managing the living marine resources within areas under national jurisdiction as provided for in the Convention, and the right of all States for their nationals to engage in fishing on the high seas in accordance with the Convention:
(a) with respect to straddling fish stocks, the relevant coastal States and the States whose nationals fish for such stocks in the adjacent high seas area shall seek, either directly or through the appropriate mechanisms for cooperation provided for in Part III, to agree upon the measures necessary for the conservation of these stocks in the adjacent high seas area;
(b) with respect to highly migratory fish stocks, the relevant coastal States and other States whose nationals fish for such stocks in the region shall cooperate, either directly or through the appropriate mechanisms for cooperation provided for in Part III, with a view to ensuring conservation and promoting the objective of optimum utilization of such stocks throughout the region, both within and beyond the areas under national jurisdiction.
2. Conservation and management measures established for the high seas and those adopted for areas under national jurisdiction shall be compatible in order to ensure conservation and management of the straddling fish stocks and highly migratory fish stocks in their entirety. To this end, coastal States and States fishing on the high seas have a duty to cooperate for the purpose of achieving compatible measures in respect of such stocks. In determining compatible conservation and management measures, States shall:
(a) take into account the conservation and management measures adopted and applied in accordance with article 61 of the Convention in respect of the same stocks by coastal States within areas under national jurisdiction and ensure that measures established in respect of such stocks for the high seas do not undermine the effectiveness of such measures;
(b) take into account previously agreed measures established and applied for the high seas in accordance with the Convention in respect of the same stocks by relevant coastal States and States fishing on the high seas;
(c) take into account previously agreed measures established and applied in accordance with the Convention in respect of the same stocks by a subregional or regional fisheries management organization or arrangement;
(d) take into account the biological unity and other biological characteristics of the stocks and the relationships between the distribution of the stocks, the fisheries and the geographical particularities of the region concerned, including the extent to which the stocks occur and are fished in areas under national jurisdiction;
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(e) take into account the respective dependence of the coastal States and the States fishing on the high seas on the stocks concerned; and
(f) ensure that such measures do not result in harmful impact on the living marine resources as a whole.
3. In giving effect to their duty to cooperate, States shall make every effort to agree on compatible conservation and management measures within a reasonable period of time.
4. If no agreement can be reached within a reasonable period of time, any of the States concerned may invoke the procedures for the settlement of disputes provided for in Part VIII.
5. Pending agreement on compatible conservation and management measures, the States concerned, in a spirit of understanding and cooperation, shall make every effort to enter into provisional arrangements of a practical nature. In the event that they are unable to agree on such arrangements, any of the States concerned may, for the purpose of obtaining provisional measures, submit the dispute to a court or tribunal in accordance with the procedures for the settlement of disputes provided for in Part VIII.
6. Provisional arrangements or measures entered into or prescribed pursuant to paragraph 5 shall take into account the provisions of this Part, shall have due regard to the rights and obligations of all States concerned, shall not jeopardize or hamper the reaching of final agreement on compatible conservation and management measures and shall be without prejudice to the final outcome of any dispute settlement procedure.
7. Coastal States shall regularly inform States fishing on the high seas in the subregion or region, either directly or through appropriate subregional or regional fisheries management organizations or arrangements, or through other appropriate means, of the measures they have adopted for straddling fish stocks and highly migratory fish stocks within areas under their national jurisdiction.
8. States fishing on the high seas shall regularly inform other interested States, either directly or through appropriate subregional or regional fisheries management organizations or arrangements, or through other appropriate means, of the measures they have adopted for regulating the activities of vessels flying their flag which fish for such stocks on the high seas.
PART III
MECHANISMS FOR INTERNATIONAL COOPERATION
CONCERNING STRADDLING FISH STOCKS AND
HIGHLY MIGRATORY FISH STOCKS
Article 8
Cooperation for conservation and management
1. Coastal States and States fishing on the high seas shall, in accordance with the Convention, pursue cooperation in relation to straddling fish stocks and highly migratory fish stocks either directly or through appropriate subregional or regional fisheries management organizations or arrangements, taking into account the specific characteristics of the subregion or region, to ensure effective conservation and management of such stocks.
2. States shall enter into consultations in good faith and without delay, particularly where there is evidence that the straddling fish stocks and highly migratory fish stocks concerned may be under threat of over-exploitation or where a new fishery is being developed for such stocks. To this end, consultations may be initiated at the request of any interested State with a view to establishing appropriate arrangements to ensure conservation and management of the stocks. Pending agreement on such arrangements, States shall observe the provisions of this Agreement and shall act in good faith and with due regard to the rights, interests and duties of other States.
3. Where a subregional or regional fisheries management organization or arrangement has the competence to establish conservation and management measures for particular straddling fish stocks or highly migratory fish stocks, States fishing for the stocks on the high seas and relevant coastal States shall give effect to their duty to cooperate by becoming members of such organization or participants in such arrangement, or by agreeing to apply the conservation and management measures established by such organization or arrangement. States having a real interest in the fisheries concerned may become members of such organization or participants in such arrangement. The terms of participation in such organization or arrangement shall not preclude such States from membership or participation; nor shall they be applied in a manner which discriminates against any State or group of States having a real interest in the fisheries concerned.
4. Only those States which are members of such an organization or participants in such an arrangement, or which agree to apply the conservation and management measures established by such organization or arrangement, shall have access to the fishery resources to which those measures apply.
5. Where there is no subregional or regional fisheries management organization or arrangement to establish conservation and management measures for a particular straddling fish stock or highly migratory fish stock, relevant coastal States and States fishing on the high seas for such stock in the subregion or region shall cooperate to establish such an organization or enter into other appropriate arrangements to ensure conservation and management of such stock and shall participate in the work of the organization or
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arrangement.
6. Any State intending to propose that action be taken by an intergovernmental organization having competence with respect to living resources should, where such action would have a significant effect on conservation and management measures already established by a competent subregional or regional fisheries management organization or arrangement, consult through that organization or arrangement with its members or participants. To the extent practicable, such consultation should take place prior to the submission of the proposal to the intergovernmental organization.
Article 9
Subregional and regional fisheries management
organizations and arrangements
1. In establishing subregional or regional fisheries management organizations or in entering into subregional or regional fisheries management arrangements for straddling fish stocks and highly migratory fish stocks, States shall agree, inter alia, on:
(a) the stocks to which conservation and management measures apply, taking into account the biological characteristics of the stocks concerned and the nature of the fisheries involved;
(b) the area of application, taking into account article 7, paragraph 1, and the characteristics of the subregion or region, including socio-economic, geographical and environmental factors;
(c) the relationship between the work of the new organization or arrangement and the role, objectives and operations of any relevant existing fisheries management organizations or arrangements; and
(d) the mechanisms by which the organization or arrangement will obtain scientific advice and review the status of the stocks, including, where appropriate, the establishment of a scientific advisory body.
2. States cooperating in the formation of a subregional or regional fisheries management organization or arrangement shall inform other States which they are aware have a real interest in the work of the proposed organization or arrangement of such cooperation.
Article 10
Functions of subregional and regional
fisheries management organizations
and arrangements
In fulfilling their obligation to cooperate through subregional or regional fisheries management organizations or arrangements, States shall:
(a) agree on and comply with conservation and management measures to ensure the long-term sustainability of straddling fish stocks and highly migratory fish stocks;
(b) agree, as appropriate, on participatory rights such as allocations of allowable catch or levels of fishing effort;
(c) adopt and apply any generally recommended international minimum standards for the responsible conduct of fishing operations;
(d) obtain and evaluate scientific advice, review the status of the stocks and assess the impact of fishing on non-target and associated or dependent species;
(e) agree on standards for collection, reporting, verification and exchange of data on fisheries for the stocks;
(f) compile and disseminate accurate and complete statistical data, as described in Annex I, to ensure that the best scientific evidence is available, while maintaining confidentiality where appropriate;
(g) promote and conduct scientific assessments of the stocks and relevant research and disseminate the results thereof;
(h) establish appropriate cooperative mechanisms for effective monitoring, control, surveillance and enforcement;
(i) agree on means by which the fishing interests of new members of the organization or new participants in the arrangement will be accommodated;
(j) agree on decision-making procedures which facilitate the adoption of conservation and management measures in a timely and effective manner;
(k) promote the peaceful settlement of disputes in accordance with Part VIII;
(l) ensure the full cooperation of their relevant national agencies and industries in implementing the recommendations and decisions of the organization or arrangement; and
(m) give due publicity to the conservation and management measures established by the organization or arrangement.
Article 11
New members or participants
In determining the nature and extent of participatory rights for new members of a subregional or regional fisheries management organization, or for new participants in a subregional or regional fisheries management arrangement, States shall take into account, inter alia:
(a) the status of the straddling fish stocks and highly migratory fish stocks and the existing level of fishing effort in the fishery;
(b) the respective interests, fishing patterns and fishing practices of new and existing members or participants;
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(c) the respective contributions of new and existing members or participants to conservation and management of the stocks, to the collection and provision of accurate data and to the conduct of scientific research on the stocks;
(d) the needs of coastal fishing communities which are dependent mainly on fishing for the stocks;
(e) the needs of coastal States whose economies are overwhelmingly dependent on the exploitation of living marine resources; and
(f) the interests of developing States from the subregion or region in whose areas of national jurisdiction the stocks also occur.
Article 12
Transparency in activities of subregional and regional
fisheries management organizations and arrangements
1. States shall provide for transparency in the decision-making process and other activities of subregional and regional fisheries management organizations and arrangements.
2. Representatives from other intergovernmental organizations and representatives from non-governmental organizations concerned with straddling fish stocks and highly migratory fish stocks shall be afforded the opportunity to take part in meetings of subregional and regional fisheries management organizations and arrangements as observers or otherwise, as appropriate, in accordance with the procedures of the organization or arrangement concerned. Such procedures shall not be unduly restrictive in this respect. Such intergovernmental organizations and non-governmental organizations shall have timely access to the records and reports of such organizations and arrangements, subject to the procedural rules on access to them.
Article 13
Strengthening of existing organizations
and arrangements
States shall cooperate to strengthen existing subregional and regional fisheries management organizations and arrangements in order to improve their effectiveness in establishing and implementing conservation and management measures for straddling fish stocks and highly migratory fish stocks.
Article 14
Collection and provision of information
and cooperation in scientific research
1. States shall ensure that fishing vessels flying their flag provide such information as may be necessary in order to fulfil their obligations under this Agreement. To this end, States shall in accordance with Annex I:
(a) collect and exchange scientific, technical and statistical data with respect to fisheries for straddling fish stocks and highly migratory fish stocks;
(b) ensure that data are collected in sufficient detail to facilitate effective stock assessment and are provided in a timely manner to fulfil the requirements of subregional or regional fisheries management organizations or arrangements; and
(c) take appropriate measures to verify the accuracy of such data.
2. States shall cooperate, either directly or through subregional or regional fisheries management organizations or arrangements:
(a) to agree on the specification of data and the format in which they are to be provided to such organizations or arrangements, taking into account the nature of the stocks and the fisheries for those stocks; and
(b) to develop and share analytical techniques and stock assessment methodologies to improve measures for the conservation and management of straddling fish stocks and highly migratory fish stocks.
3. Consistent with Part XIII of the Convention, States shall cooperate, either directly or through competent international organizations, to strengthen scientific research capacity in the field of fisheries and promote scientific research related to the conservation and management of straddling fish stocks and highly migratory fish stocks for the benefit of all. To this end, a State or the competent international organization conducting such research beyond areas under national jurisdiction shall actively promote the publication and dissemination to any interested States of the results of that research and information relating to its objectives and methods and, to the extent practicable, shall facilitate the participation of scientists from those States in such research.
Article 15
Enclosed and semi-enclosed seas
In implementing this Agreement in an enclosed or semi-enclosed sea, States shall take into account the natural characteristics of that sea and shall also act in a manner consistent with Part IX of the Convention and other relevant provisions thereof.
Article 16
Areas of high seas surrounded entirely by an
area under the national jurisdiction of a
single State
1. States fishing for straddling fish stocks and highly migratory fish stocks in an area of the high seas surrounded entirely by an area under the national jurisdiction of a single State and the latter State shall cooperate to establish conservation and management measures in respect of those stocks in
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the high seas area. Having regard to the natural characteristics of the area, States shall pay special attention to the establishment of compatible conservation and management measures for such stocks pursuant to article 7. Measures taken in respect of the high seas shall take into account the rights, duties and interests of the coastal State under the Convention, shall be based on the best scientific evidence available and shall also take into account any conservation and management measures adopted and applied in respect of the same stocks in accordance with article 61 of the Convention by the coastal State in the area under national jurisdiction. States shall also agree on measures for monitoring, control, surveillance and enforcement to ensure compliance with the conservation and management measures in respect of the high seas.
2. Pursuant to article 8, States shall act in good faith and make every effort to agree without delay on conservation and management measures to be applied in the carrying out of fishing operations in the area referred to in paragraph 1. If, within a reasonable period of time, the fishing States concerned and the coastal State are unable to agree on such measures, they shall, having regard to paragraph 1, apply article 7, paragraphs 4, 5 and 6, relating to provisional arrangements or measures. Pending the establishment of such provisional arrangements or measures, the States concerned shall take measures in respect of vessels flying their flag in order that they not engage in fisheries which could undermine the stocks concerned.
PART IV
NON-MEMBERS AND NON-PARTICIPANTS
Article 17
Non-members of organizations and
non-participants in arrangements
1. A State which is not a member of a subregional or regional fisheries management organization or is not a participant in a subregional or regional fisheries management arrangement, and which does not otherwise agree to apply the conservation and management measures established by such organization or arrangement, is not discharged from the obligation to cooperate, in accordance with the Convention and this Agreement, in the conservation and management of the relevant straddling fish stocks and highly migratory fish stocks.
2. Such State shall not authorize vessels flying its flag to engage in fishing operations for the straddling fish stocks or highly migratory fish stocks which are subject to the conservation and management measures established by such organization or arrangement.
3. States which are members of a subregional or regional fisheries management organization or participants in a subregional or regional fisheries management arrangement shall, individually or jointly, request the fishing entities referred to in article 1, paragraph 3, which have fishing vessels in the relevant area to cooperate fully with such organization or arrangement in implementing the conservation and management measures it has established, with a view to having such measures applied de facto as extensively as possible to fishing activities in the relevant area. Such fishing entities shall enjoy benefits from participation in the fishery commensurate with their commitment to comply with conservation and management measures in respect of the stocks.
4. States which are members of such organization or participants in such arrangement shall exchange information with respect to the activities of fishing vessels flying the flags of States which are neither members of the organization nor participants in the arrangement and which are engaged in fishing operations for the relevant stocks. They shall take measures consistent with this Agreement and international law to deter activities of such vessels which undermine the effectiveness of subregional or regional conservation and management measures.
PART V
DUTIES OF THE FLAG STATE
Article 18
Duties of the flag State
1. A State whose vessels fish on the high seas shall take such measures as may be necessary to ensure that vessels flying its flag comply with subregional and regional conservation and management measures and that such vessels do not engage in any activity which undermines the effectiveness of such measures.
2. A State shall authorize the use of vessels flying its flag for fishing on the high seas only where it is able to exercise effectively its responsibilities in respect of such vessels under the Convention and this Agreement.
3. Measures to be taken by a State in respect of vessels flying its flag shall include:
(a) control of such vessels on the high seas by means of fishing licences, authorizations or permits, in accordance with any applicable procedures agreed at the subregional, regional or global level;
(b) establishment of regulations:
(i) to apply terms and conditions to the licence, authorization or permit sufficient to fulfil any subregional, regional or global obligations of the flag State;
(ii) to prohibit fishing on the high seas by vessels which are not duly licensed or authorized to fish, or fishing on the high seas by vessels otherwise than in accordance with the terms and conditions of a licence,
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authorization or permit;
(iii) to require vessels fishing on the high seas to carry the licence, authorization or permit on board at all times and to produce it on demand for inspection by a duly authorized person; and
(iv) to ensure that vessels flying its flag do not conduct unauthorized fishing within areas under the national jurisdiction of other States;
(c) establishment of a national record of fishing vessels authorized to fish on the high seas and provision of access to the information contained in that record on request by directly interested States, taking into account any national laws of the flag State regarding release of such information;
(d) requirements for marking of fishing vessels and fishing gear for identification in accordance with uniform and internationally recognizable vessel and gear marking systems, such as the Food and Agriculture Organization of the United Nations Standard Specifications for the Marking and Identification of Fishing Vessels;
(e) requirements for recording and timely reporting of vessel position, catch of target and non-target species, fishing effort and other relevant fisheries data in accordance with subregional, regional and global standards for collection of such data;
(f) requirements for verifying the catch of target and non-target species through such means as observer programs, inspection schemes, unloading reports, supervision of transshipment and monitoring of landed catches and market statistics;
(g) monitoring, control and surveillance of such vessels, their fishing operations and related activities by, inter alia:
(i) the implementation of national inspection schemes and subregional and regional schemes for cooperation in enforcement pursuant to articles 21 and 22, including requirements for such vessels to permit access by duly authorized inspectors from other States;
(ii) the implementation of national observer programs and subregional and regional observer programmes in which the flag State is a participant, including requirements for such vessels to permit access by observers from other States to carry out the functions agreed under the programmes; and
(iii) the development and implementation of vessel monitoring systems, including, as appropriate, satellite transmitter systems, in accordance with any national programmes and those which have been subregionally, regionally or globally agreed among the States concerned;
(h) regulation of transshipment on the high seas to ensure that the effectiveness of conservation and management measures is not undermined; and
(i) regulation of fishing activities to ensure compliance with subregional, regional or global measures, including those aimed at minimizing catches of non-target species.
4. Where there is a subregionally, regionally or globally agreed system of monitoring, control and surveillance in effect, States shall ensure that the measures they impose on vessels flying their flag are compatible with that system.
PART VI
COMPLIANCE AND ENFORCEMENT
Article 19
Compliance and enforcement
by the flag State
1. A State shall ensure compliance by vessels flying its flag with subregional and regional conservation and management measures for straddling fish stocks and highly migratory fish stocks. To this end, that State shall:
(a) enforce such measures irrespective of where violations occur;
(b) investigate immediately and fully any alleged violation of subregional or regional conservation and management measures, which may include the physical inspection of the vessels concerned, and report promptly to the State alleging the violation and the relevant subregional or regional organization or arrangement on the progress and outcome of the investigation;
(c) require any vessel flying its flag to give information to the investigating authority regarding vessel position, catches, fishing gear, fishing operations and related activities in the area of an alleged violation;
(d) if satisfied that sufficient evidence is available in respect of an alleged violation, refer the case to its authorities with a view to instituting proceedings without delay in accordance with its laws and, where appropriate, detain the vessel concerned; and
(e) ensure that, where it has been established, in accordance with its laws, a vessel has been involved in the commission of a serious violation of such measures, the vessel does not engage in fishing operations on the high seas until such time as all outstanding sanctions imposed by the flag State in respect of the violation have been complied with.
2. All investigations and judicial proceedings shall be carried out expeditiously. Sanctions applicable in respect of violations shall be adequate in severity to be effective in securing compliance and to discourage violations wherever they occur and shall deprive offenders of the benefits accruing from their illegal activities. Measures applicable in respect of masters and other officers of fishing vessels shall include provisions which may permit, inter alia, refusal, withdrawal or suspension of authorizations to serve as
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masters or officers on such vessels.
Article 20
International cooperation
in enforcement
1. States shall cooperate, either directly or through subregional or regional fisheries management organizations or arrangements, to ensure compliance with and enforcement of subregional and regional conservation and management measures for straddling fish stocks and highly migratory fish stocks.
2. A flag State conducting an investigation of an alleged violation of conservation and management measures for straddling fish stocks or highly migratory fish stocks may request the assistance of any other State whose cooperation may be useful in the conduct of that investigation. All States shall endeavour to meet reasonable requests made by a flag State in connection with such investigations.
3. A flag State may undertake such investigations directly, in cooperation with other interested States or through the relevant subregional or regional fisheries management organization or arrangement. Information on the progress and outcome of the investigations shall be provided to all States having an interest in, or affected by, the alleged violation.
4. States shall assist each other in identifying vessels reported to have engaged in activities undermining the effectiveness of subregional, regional or global conservation and management measures.
5. States shall, to the extent permitted by national laws and regulations, establish arrangements for making available to prosecuting authorities in other States evidence relating to alleged violations of such measures.
6. Where there are reasonable grounds for believing that a vessel on the high seas has been engaged in unauthorized fishing within an area under the jurisdiction of a coastal State, the flag State of that vessel, at the request of the coastal State concerned, shall immediately and fully investigate the matter. The flag State shall cooperate with the coastal State in taking appropriate enforcement action in such cases and may authorize the relevant authorities of the coastal State to board and inspect the vessel on the high seas. This paragraph is without prejudice to article 111 of the Convention.
7. States Parties which are members of a subregional or regional fisheries management organization or participants in a subregional or regional fisheries management arrangement may take action in accordance with international law, including through recourse to subregional or regional procedures established for this purpose, to deter vessels which have engaged in activities which undermine the effectiveness of or otherwise violate the conservation and management measures established by that organization or arrangement from fishing on the high seas in the subregion or region until such time as appropriate action is taken by the flag State.
Article 21
Subregional and regional cooperation
in enforcement
1. In any high seas area covered by a subregional or regional fisheries management organization or arrangement, a State Party which is a member of such organization or a participant in such arrangement may, through its duly authorized inspectors, board and inspect, in accordance with paragraph 2, fishing vessels flying the flag of another State Party to this Agreement, whether or not such State Party is also a member of the organization or a participant in the arrangement, for the purpose of ensuring compliance with conservation and management measures for straddling fish stocks and highly migratory fish stocks established by that organization or arrangement.
2. States shall establish, through subregional or regional fisheries management organizations or arrangements, procedures for boarding and inspection pursuant to paragraph 1, as well as procedures to implement other provisions of this article. Such procedures shall be consistent with this article and the basic procedures set out in article 22 and shall not discriminate against non-members of the organization or non-participants in the arrangement. Boarding and inspection as well as any subsequent enforcement action shall be conducted in accordance with such procedures. States shall give due publicity to procedures established pursuant to this paragraph.
3. If, within two years of the adoption of this Agreement, any organization or arrangement has not established such procedures, boarding and inspection pursuant to paragraph 1, as well as any subsequent enforcement action, shall, pending the establishment of such procedures, be conducted in accordance with this article and the basic procedures set out in article 22.
4. Prior to taking action under this article, inspecting States shall, either directly or through the relevant subregional or regional fisheries management organization or arrangement, inform all States whose vessels fish on the high seas in the subregion or region of the form of identification issued to their duly authorized inspectors. The vessels used for boarding and inspection shall be clearly marked and identifiable as being on government service. At the time of becoming a Party to this Agreement, States shall designate an appropriate authority to receive notifications pursuant to this article and shall give due publicity of such designation through the relevant subregional or regional fisheries management organization or arrangement.
5. Where, following a boarding and inspection, there are clear grounds for believing that a vessel has engaged in any activity contrary to the
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conservation and management measures referred to in paragraph 1, the inspecting State shall, where appropriate, secure evidence and shall promptly notify the flag State of the alleged violation.
6. The flag State shall respond to the notification referred to in paragraph 5 within three working days of its receipt, or such other period as may be prescribed in procedures established in accordance with paragraph 2, and shall either:
(a) fulfil, without delay, its obligations under article 19 to investigate and, if evidence so warrants, take enforcement action with respect to the vessel, in which case it shall promptly inform the inspecting State of the results of the investigation and of any enforcement action taken; or
(b) authorize the inspecting State to investigate.
7. Where the flag State authorizes the inspecting State to investigate an alleged violation, the inspecting State shall, without delay, communicate the results of that investigation to the flag State. The flag State shall, if evidence so warrants, fulfil its obligations to take enforcement action with respect to the vessel. Alternatively, the flag State may authorize the inspecting State to take such enforcement action as the flag State may specify with respect to the vessel, consistent with the rights and obligations of the flag State under this Agreement.
8. Where, following boarding and inspection, there are clear grounds for believing that a vessel has committed a serious violation, and the flag State has either failed to respond or failed to take action as required under paragraphs 6 or 7, the inspectors may remain on board and secure evidence and may require the master to assist in further investigation including, where appropriate, by bringing the vessel without delay to the nearest appropriate port, or to such other port as may be specified in procedures established in accordance with paragraph 2. The inspecting State shall immediately inform the flag State of the name of the port to which the vessel is to proceed. The inspecting State and the flag State and, as appropriate, the port State shall take all necessary steps to ensure the well-being of the crew regardless of their nationality.
9. The inspecting State shall inform the flag State and the relevant organization or the participants in the relevant arrangement of the results of any further investigation.
10. The inspecting State shall require its inspectors to observe generally accepted international regulations, procedures and practices relating to the safety of the vessel and the crew, minimize interference with fishing operations and, to the extent practicable, avoid action which would adversely affect the quality of the catch on board. The inspecting State shall ensure that boarding and inspection is not conducted in a manner that would constitute harassment of any fishing vessel.
11. For the purposes of this article, a serious violation means:
(a) fishing without a valid licence, authorization or permit issued by the flag State in accordance with article 18, paragraph 3(a);
(b) failing to maintain accurate records of catch and catch-related data, as required by the relevant subregional or regional fisheries management organization or arrangement, or serious misreporting of catch, contrary to the catch reporting requirements of such organization or arrangement;
(c) fishing in a closed area, fishing during a closed season or fishing without, or after attainment of, a quota established by the relevant subregional or regional fisheries management organization or arrangement;
(d) directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited;
(e) using prohibited fishing gear;
(f) falsifying or concealing the markings, identity or registration of a fishing vessel;
(g) concealing, tampering with or disposing of evidence relating to an investigation;
(h) multiple violations which together constitute a serious disregard of conservation and management measures; or
(i) such other violations as may be specified in procedures established by the relevant subregional or regional fisheries management organization or arrangement.
12. Notwithstanding the other provisions of this article, the flag State may, at any time, take action to fulfil its obligations under article 19 with respect to an alleged violation. Where the vessel is under the direction of the inspecting State, the inspecting State shall, at the request of the flag State, release the vessel to the flag State along with full information on the progress and outcome of its investigation.
13. This article is without prejudice to the right of the flag State to take any measures, including proceedings to impose penalties, according to its laws.
14. This article applies mutatis mutandis to boarding and inspection by a State Party which is a member of a subregional or regional fisheries management organization or a participant in a subregional or regional fisheries management arrangement and which has clear grounds for believing that a fishing vessel flying the flag of another State Party has engaged in any activity contrary to relevant conservation and management measures referred to in
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paragraph 1 in the high seas area covered by such organization or arrangement, and such vessel has subsequently, during the same fishing trip, entered into an area under the national jurisdiction of the inspecting State.
15. Where a subregional or regional fisheries management organization or arrangement has established an alternative mechanism which effectively discharges the obligation under this Agreement of its members or participants to ensure compliance with the conservation and management measures established by the organization or arrangement, members of such organization or participants in such arrangement may agree to limit the application of paragraph 1 as between themselves in respect of the conservation and management measures which have been established in the relevant high seas area.
16. Action taken by States other than the flag State in respect of vessels having engaged in activities contrary to subregional or regional conservation and management measures shall be proportionate to the seriousness of the violation.
17. Where there are reasonable grounds for suspecting that a fishing vessel on the high seas is without nationality, a State may board and inspect the vessel. Where evidence so warrants, the State may take such action as may be appropriate in accordance with international law.
18. States shall be liable for damage or loss attributable to them arising from action taken pursuant to this article when such action is unlawful or exceeds that reasonably required in the light of available information to implement the provisions of this article.
Article 22
Basic procedures for boarding and
inspection pursuant to article 21
1. The inspecting State shall ensure that its duly authorized inspectors:
(a) present credentials to the master of the vessel and produce a copy of the text of the relevant conservation and management measures or rules and regulations in force in the high seas area in question pursuant to those measures;
(b) initiate notice to the flag State at the time of the boarding and inspection;
(c) do not interfere with the master's ability to communicate with the authorities of the flag State during the boarding and inspection;
(d) provide a copy of a report on the boarding and inspection to the master and to the authorities of the flag State, noting therein any objection or statement which the master wishes to have included in the report;
(e) promptly leave the vessel following completion of the inspection if they find no evidence of a serious violation; and
(f) avoid the use of force except when and to the degree necessary to ensure the safety of the inspectors and where the inspectors are obstructed in the execution of their duties. The degree of force used shall not exceed that reasonably required in the circumstances.
2. The duly authorized inspectors of an inspecting State shall have the authority to inspect the vessel, its licence, gear, equipment, records, facilities, fish and fish products and any relevant documents necessary to verify compliance with the relevant conservation and management measures.
3. The flag State shall ensure that vessel masters:
(a) accept and facilitate prompt and safe boarding by the inspectors;
(b) cooperate with and assist in the inspection of the vessel conducted pursuant to these procedures;
(c) do not obstruct, intimidate or interfere with the inspectors in the performance of their duties;
(d) allow the inspectors to communicate with the authorities of the flag State and the inspecting State during the boarding and inspection;
(e) provide reasonable facilities, including, where appropriate, food and accommodation, to the inspectors; and
(f) facilitate safe disembarkation by the inspectors.
4. In the event that the master of a vessel refuses to accept boarding and inspection in accordance with this article and article 21, the flag State shall, except in circumstances where, in accordance with generally accepted international regulations, procedures and practices relating to safety at sea, it is necessary to delay the boarding and inspection, direct the master of the vessel to submit immediately to boarding and inspection and, if the master does not comply with such direction, shall suspend the vessel's authorization to fish and order the vessel to return immediately to port. The flag State shall advise the inspecting State of the action it has taken when the circumstances referred to in this paragraph arise.
Article 23
Measures taken by a port State
1. A port State has the right and the duty to take measures, in accordance with international law, to promote the effectiveness of subregional, regional and global conservation and management measures. When taking such measures a port State shall not discriminate in form or in fact against the vessels of any State.
2. A port State may, 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.
3. States may adopt regulations empowering the relevant national authorities to
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prohibit landings and transshipments where it has been established that the catch has been taken in a manner which undermines the effectiveness of subregional, regional or global conservation and management measures on the high seas.
4. Nothing in this article affects the exercise by States of their sovereignty over ports in their territory in accordance with international law.
PART VII
REQUIREMENTS OF DEVELOPING STATES
Article 24
Recognition of the special requirements
of developing States
1. States shall give full recognition to the special requirements of developing States in relation to conservation and management of straddling fish stocks and highly migratory fish stocks and development of fisheries for such stocks. To this end, States shall, either directly or through the United Nations Development Programme, the Food and Agriculture Organization of the United Nations and other specialized agencies, the Global Environment Facility, the Commission on Sustainable Development and other appropriate international and regional organizations and bodies, provide assistance to developing States.
2. In giving effect to the duty to cooperate in the establishment of conservation and management measures for straddling fish stocks and highly migratory fish stocks, States shall take into account the special requirements of developing States, in particular:
(a) the vulnerability of developing States which are dependent on the exploitation of living marine 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 women fishworkers, as well as indigenous people in developing States, particularly small island developing States; 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.
Article 25
Forms of cooperation with
developing States
1. States shall cooperate, either directly or through subregional, regional or global organizations:
(a) to enhance the ability of developing States, in particular the least-developed among them and small island developing States, to conserve and manage straddling fish stocks and highly migratory fish stocks and to develop their own fisheries for such stocks;
(b) to assist developing States, in particular the least-developed among them and small island developing States, to enable them to participate in high seas fisheries for such stocks, including facilitating access to such fisheries subject to articles 5 and 11; and
(c) to facilitate the participation of developing States in subregional and regional fisheries management organizations and arrangements.
2. Cooperation with developing States for the purposes set out in this article shall include the provision of financial assistance, assistance relating to human resources development, technical assistance, transfer of technology, including through joint venture arrangements, and advisory and consultative services.
3. Such assistance shall, inter alia, be directed specifically towards:
(a) improved conservation and management of straddling fish stocks and highly migratory fish stocks through collection, reporting, verification, exchange and analysis of fisheries data and related information;
(b) stock assessment and scientific research; and
(c) monitoring, control, surveillance, compliance and enforcement, including training and capacity-building at the local level, development and funding of national and regional observer programmes and access to technology and equipment.
Article 26
Special assistance in the implementation
of this Agreement
1. States shall cooperate to establish special funds to assist developing States in the implementation of this Agreement, including assisting developing States to meet the costs involved in any proceedings for the settlement of disputes to which they may be parties.
2. States and international organizations should assist developing States in establishing new subregional or regional fisheries management organizations or arrangements, or in strengthening existing organizations or arrangements, for the conservation and management of straddling fish stocks and highly migratory fish stocks.
PART VIII
PEACEFUL SETTLEMENT OF DISPUTES
Article 27
Obligation to settle disputes
by peaceful means
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States have the obligation to settle their disputes by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.
Article 28
Prevention of disputes
States shall cooperate in order to prevent disputes. To this end, States shall agree on efficient and expeditious decision-making procedures within subregional and regional fisheries management organizations and arrangements and shall strengthen existing decision-making procedures as necessary.
Article 29
Disputes of a technical nature
Where a dispute concerns a matter of a technical nature, the States concerned may refer the dispute to an ad hoc expert panel established by them. The panel shall confer with the States concerned and shall endeavour to resolve the dispute expeditiously without recourse to binding procedures for the settlement of disputes.
Article 30
Procedures for the settlement
of disputes
1. The provisions relating to the settlement of disputes set out in Part XV of the Convention apply mutatis mutandis to any dispute between States Parties to this Agreement concerning the interpretation or application of this Agreement, whether or not they are also Parties to the Convention.
2. The provisions relating to the settlement of disputes set out in Part XV of the Convention apply mutatis mutandis to any dispute between States Parties to this Agreement concerning the interpretation or application of a subregional, regional or global fisheries agreement relating to straddling fish stocks or highly migratory fish stocks to which they are parties, including any dispute concerning the conservation and management of such stocks, whether or not they are also Parties to the Convention.
3. Any procedure accepted by a State Party to this Agreement and the Convention pursuant to article 287 of the Convention shall apply to the settlement of disputes under this Part, unless that State Party, when signing, ratifying or acceding to this Agreement, or at any time thereafter, has accepted another procedure pursuant to article 287 for the settlement of disputes under this Part.
4. A State Party to this Agreement which is not a Party to the Convention, when signing, ratifying or acceding to this Agreement, or at any time thereafter, shall be free to choose, by means of a written declaration, one or more of the means set out in article 287, paragraph 1, of the Convention for the settlement of disputes under this Part. Article 287 shall apply to such a declaration, as well as to any dispute to which such State is a party which is not covered by a declaration in force. For the purposes of conciliation and arbitration in accordance with Annexes V, VII and VIII to the Convention, such State shall be entitled to nominate conciliators, arbitrators and experts to be included in the lists referred to in Annex V, article 2, Annex VII, article 2, and Annex VIII, article 2, for the settlement of disputes under this Part.
5. Any court or tribunal to which a dispute has been submitted under this Part shall apply the relevant provisions of the Convention, of this Agreement and of any relevant subregional, regional or global fisheries agreement, as well as generally accepted standards for the conservation and management of living marine resources and other rules of international law not incompatible with the Convention, with a view to ensuring the conservation of the straddling fish stocks and highly migratory fish stocks concerned.
Article 31
Provisional measures
1. Pending the settlement of a dispute in accordance with this Part, the parties to the dispute shall make every effort to enter into provisional arrangements of a practical nature.
2. Without prejudice to article 290 of the Convention, the court or tribunal to which the dispute has been submitted under this Part may prescribe any provisional measures which it considers appropriate under the circumstances to preserve the respective rights of the parties to the dispute or to prevent damage to the stocks in question, as well as in the circumstances referred to in article 7, paragraph 5, and article 16, paragraph 2.
3. A State Party to this Agreement which is not a Party to the Convention may declare that, notwithstanding article 290, paragraph 5, of the Convention, the International Tribunal for the Law of the Sea shall not be entitled to prescribe, modify or revoke provisional measures without the agreement of such State.
Article 32
Limitations on applicability of procedures
for the settlement of disputes
Article 297, paragraph 3, of the Convention applies also to this Agreement.
PART IX
NON-PARTIES TO THIS AGREEMENT
Article 33
Non-parties to this Agreement
1. States Parties shall encourage non-parties to this Agreement to become
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parties thereto and to adopt laws and regulations consistent with its provisions.
2. States Parties shall take measures consistent with this Agreement and international law to deter the activities of vessels flying the flag of non-parties which undermine the effective implementation of this Agreement.
PART X
GOOD FAITH AND ABUSE OF RIGHTS
Article 34
Good faith and abuse of rights
States Parties 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 right.
PART XI
RESPONSIBILITY AND LIABILITY
Article 35
Responsibility and liability
States Parties are liable in accordance with international law for damage or loss attributable to them in regard to this Agreement.
PART XII
REVIEW CONFERENCE
Article 36
Review conference
1. Four years after the date of entry into force of this Agreement, the Secretary-General of the United Nations shall convene a conference with a view to assessing the effectiveness of this Agreement in securing the conservation and management of straddling fish stocks and highly migratory fish stocks. The Secretary-General shall invite to the conference all States Parties and those States and entities which are entitled to become parties to this Agreement as well as those intergovernmental and non-governmental organizations entitled to participate as observers.
2. The conference shall review and assess the adequacy of the provisions of this Agreement and, if necessary, propose means of strengthening the substance and methods of implementation of those provisions in order better to address any continuing problems in the conservation and management of straddling fish stocks and highly migratory fish stocks.
PART XIII
FINAL PROVISIONS
Article 37
Signature
This Agreement shall be open for signature by all States and the other entities referred to in article 1, paragraph 2(b), and shall remain open for signature at United Nations Headquarters for twelve months from the fourth of December 1995.
Article 38
Ratification
This Agreement is subject to ratification by States and the other entities referred to in article 1, paragraph 2(b). The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
Article 39
Accession
This Agreement shall remain open for accession by States and the other entities referred to in article 1, paragraph 2(b). The instruments of accession shall be deposited with the Secretary-General of the United Nations.
Article 40
Entry into force
1. This Agreement shall enter into force 30 days after the date of deposit of the thirtieth instrument of ratification or accession.
2. For each State or entity which ratifies the Agreement or accedes thereto after the deposit of the thirtieth instrument of ratification or accession, this Agreement shall enter into force on the thirtieth day following the deposit of its instrument of ratification or accession.
Article 41
Provisional application
1. This Agreement shall be applied provisionally by a State or entity which consents to its provisional application by so notifying the depositary in writing. Such provisional application shall become effective from the date of receipt of the notification.
2. Provisional application by a State or entity shall terminate upon the entry into force of this Agreement for that State or entity or upon notification by that State or entity to the depositary in writing of its intention to terminate provisional application.
Article 42
Reservations and exceptions
No reservations or exceptions may be made to this Agreement.
Article 43
Declarations and statements
Article 42 does not preclude a State or entity, when signing, ratifying or acceding to this Agreement, from making declarations or statements, however phrased or named, with a view, inter alia, to the harmonization of its laws and regulations with the provisions of this Agreement, provided that such
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declarations or statements do not purport to exclude or to modify the legal effect of the provisions of this Agreement in their application to that State or entity.
Article 44
Relation to other agreements
1. This Agreement shall not alter the rights and obligations of States Parties which arise from other agreements compatible with this Agreement and which do not affect the enjoyment by other States Parties of their rights or the performance of their obligations under this Agreement.
2. Two or more States Parties may conclude agreements modifying or suspending the operation of provisions of this Agreement, applicable solely to the relations between them, provided that such agreements do not relate to a provision derogation from which is incompatible with the effective execution of the object and purpose of this Agreement, and provided further that such agreements shall not affect the application of the basic principles embodied herein, and that the provisions of such agreements do not affect the enjoyment by other States Parties of their rights or the performance of their obligations under this Agreement.
3. States Parties intending to conclude an agreement referred to in paragraph 2 shall notify the other States Parties through the depositary of this Agreement of their intention to conclude the agreement and of the modification or suspension for which it provides.
Article 45
Amendment
1. A State Party may, by written communication addressed to the Secretary-General of the United Nations, propose amendments to this Agreement and request the convening of a conference to consider such proposed amendments. The Secretary-General shall circulate such communication to all States Parties. If, within six months from the date of the circulation of the communication, not less than one half of the States Parties reply favourably to the request, the Secretary-General shall convene the conference.
2. The decision-making procedure applicable at the amendment conference convened pursuant to paragraph 1 shall be the same as that applicable at the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, unless otherwise decided by the conference. The conference should make every effort to reach agreement on any amendments by way of consensus and there should be no voting on them until all efforts at consensus have been exhausted.
3. Once adopted, amendments to this Agreement shall be open for signature at United Nations Headquarters by States Parties for twelve months from the date of adoption, unless otherwise provided in the amendment itself.
4. Articles 38, 39, 47 and 50 apply to all amendments to this Agreement.
5. Amendments to this Agreement shall enter into force for the States Parties ratifying or acceding to them on the thirtieth day following the deposit of instruments of ratification or accession by two thirds of the States Parties. Thereafter, for each State Party ratifying or acceding to an amendment after the deposit of the required number of such instruments, the amendment shall enter into force on the thirtieth day following the deposit of its instrument of ratification or accession.
6. An amendment may provide that a smaller or a larger number of ratifications or accessions shall be required for its entry into force than are required by this article.
7. A State which becomes a Party to this Agreement after the entry into force of amendments in accordance with paragraph 5 shall, failing an expression of a different intention by that State:
(a) be considered as a Party to this Agreement as so amended; and
(b) be considered as a Party to the unamended Agreement in relation to any State Party not bound by the amendment.
Article 46
Denunciation
1. A State Party may, by written notification addressed to the Secretary-General of the United Nations, denounce this Agreement and may indicate its reasons. Failure to indicate reasons shall not affect the validity of the denunciation. The denunciation shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date.
2. The denunciation shall not in any way affect the duty of any State Party to fulfil any obligation embodied in this Agreement to which it would be subject under international law independently of this Agreement.
Article 47
Participation in international
organizations
1. In cases where an international organization referred to in Annex IX, article 1, of the Convention does not have competence over all the matters governed by this Agreement, Annex IX to the Convention shall apply mutatis mutandis to participation by such international organization in this Agreement, except that the following provisions of that Annex shall not apply:
(a) article 2, first sentence; and
(b) article 3, paragraph 1.
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2. In cases where an international organization referred to in Annex IX, article 1, of the Convention has competence over all the matters governed by this Agreement, the following provisions shall apply to participation by such international organization in this Agreement:
(a) at the time of signature or accession, such international organization shall make a declaration stating:
(i) that it has competence over all the matters governed by this Agreement;
(ii) that, for this reason, its member States shall not become States Parties, except in respect of their territories for which the international organization has no responsibility; and
(iii) that it accepts the rights and obligations of States under this Agreement;
(b) participation of such an international organization shall in no case confer any rights under this Agreement on member States of the international organization;
(c) in the event of a conflict between the obligations of an international organization under this Agreement and its obligations under the agreement establishing the international organization or any acts relating to it, the obligations under this Agreement shall prevail.
Article 48
Annexes
1. The Annexes form an integral part of this Agreement and, unless expressly provided otherwise, a reference to this Agreement or to one of its Parts includes a reference to the Annexes relating thereto.
2. The Annexes may be revised from time to time by States Parties. Such revisions shall be based on scientific and technical considerations. Notwithstanding the provisions of article 45, if a revision to an Annex is adopted by consensus at a meeting of States Parties, it shall be incorporated in this Agreement and shall take effect from the date of its adoption or from such other date as may be specified in the revision. If a revision to an Annex is not adopted by consensus at such a meeting, the amendment procedures set out in article 45 shall apply.
Article 49
Depositary
The Secretary-General of the United Nations shall be the depositary of this Agreement and any amendments or revisions thereto.
Article 50
Authentic texts
The Arabic, Chinese, English, French, Russian and Spanish texts of this Agreement are equally authentic.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized thereto, have signed this Agreement.
OPENED FOR SIGNATURE at New York, this fourth day of December, one thousand nine hundred and ninety-five, in a single original, in the Arabic, Chinese, English, French, Russian and Spanish languages. ANNEX I
STANDARD REQUIREMENTS FOR THE
COLLECTION AND SHARING OF DATA
Article 1
General principles
1. The timely collection, compilation and analysis of data are fundamental to the effective conservation and management of straddling fish stocks and highly migratory fish stocks. To this end, data from fisheries for these stocks on the high seas and those in areas under national jurisdiction are required and should be collected and compiled in such a way as to enable statistically meaningful analysis for the purposes of fishery resource conservation and management. These data include catch and fishing effort statistics and other fishery-related information, such as vessel-related and other data for standardizing fishing effort. Data collected should also include information on non-target and associated or dependent species. All data should be verified to ensure accuracy. Confidentiality of non-aggregated data shall be maintained. The dissemination of such data shall be subject to the terms on which they have been provided.
2. Assistance, including training as well as financial and technical assistance, shall be provided to developing States in order to build capacity in the field of conservation and management of living marine resources. Assistance should focus on enhancing capacity to implement data collection and verification, observer programs, data analysis and research projects supporting stock assessments. The fullest possible involvement of developing State scientists and managers in conservation and management of straddling fish stocks and highly migratory fish stocks should be promoted.
Article 2
Principles of data collection,
compilation and exchange
The following general principles should be considered in defining the parameters for collection, compilation and exchange of data from fishing operations for straddling fish stocks and highly migratory fish stocks:
(a) States should ensure that data are collected from vessels flying their flag on fishing activities according to the operational characteristics of each
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fishing method (e.g., each individual tow for trawl, each set for long-line and purse-seine, each school fished for pole-and-line and each day fished for troll) and in sufficient detail to facilitate effective stock assessment;
(b) States should ensure that fishery data are verified through an appropriate system;
(c) States should compile fishery-related and other supporting scientific data and provide them in an agreed format and in a timely manner to the relevant subregional or regional fisheries management organization or arrangement where one exists. Otherwise, States should cooperate to exchange data either directly or through such other cooperative mechanisms as may be agreed among them;
(d) States should agree, within the framework of subregional or regional fisheries management organizations or arrangements, or otherwise, on the specification of data and the format in which they are to be provided, in accordance with this Annex and taking into account the nature of the stocks and the fisheries for those stocks in the region. Such organizations or arrangements should request non-members or non-participants to provide data concerning relevant fishing activities by vessels flying their flag;
(e) such organizations or arrangements shall compile data and make them available in a timely manner and in an agreed format to all interested States under the terms and conditions established by the organization or arrangement; and
(f) scientists of the flag State and from the relevant subregional or regional fisheries management organization or arrangement should analyse the data separately or jointly, as appropriate.
Article 3
Basic fishery data
1. States shall collect and make available to the relevant subregional or regional fisheries management organization or arrangement the following types of data in sufficient detail to facilitate effective stock assessment in accordance with agreed procedures:
(a) time series of catch and effort statistics by fishery and fleet;
(b) total catch in number, nominal weight, or both, by species (both target and non-target) as is appropriate to each fishery. [Nominal weight is defined by the Food and Agriculture Organization of the United Nations as the live-weight equivalent of the landings];
(c) discard statistics, including estimates where necessary, reported as number or nominal weight by species, as is appropriate to each fishery;
(d) effort statistics appropriate to each fishing method; and
(e) fishing location, date and time fished and other statistics on fishing operations as appropriate.
2. States shall also collect where appropriate and provide to the relevant subregional or regional fisheries management organization or arrangement information to support stock assessment, including:
(a) composition of the catch according to length, weight and sex;
(b) other biological information supporting stock assessments such as information on age, growth, recruitment, distribution and stock identity; and
(c) other relevant research, including surveys of abundance, biomass surveys, hydro-acoustic surveys, research on environmental factors affecting stock abundance, and oceanographic and ecological studies.
Article 4
Vessel data and information
1. States should collect the following types of vessel-related data for standardizing fleet composition and vessel fishing power and for converting between different measures of effort in the analysis of catch and effort data:
(a) vessel identification, flag and port of registry;
(b) vessel type;
(c) vessel specifications (e.g., material of construction, date built, registered length, gross registered tonnage, power of main engines, hold capacity and catch storage methods); and
(d) fishing gear description (e.g., types, gear specifications and quantity).
2. The flag State will collect the following information:
(a) navigation and position fixing aids;
(b) communication equipment and international radio call sign; and
(c) crew size.
Article 5
Reporting
A State shall ensure that vessels flying its flag send to its national fisheries administration and, where agreed, to the relevant subregional or regional fisheries management organization or arrangement, logbook data on catch and effort, including data on fishing operations on the high seas, at sufficiently frequent intervals to meet national requirements and regional and international obligations. Such data shall be transmitted, where necessary, by radio, telex, facsimile or satellite transmission or by other means.
Article 6
Data verification
States or, as appropriate, subregional or regional fisheries management organizations or arrangements should establish mechanisms for verifying fishery
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data, such as:
(a) position verification through vessel monitoring systems;
(b) scientific observer programs to monitor catch, effort, catch composition (target and non-target) and other details of fishing operations;
(c) vessel trip, landing and transshipment reports; and
(d) port sampling.
Article 7
Data exchange
1. Data collected by flag States must be shared with other flag States and relevant coastal States through appropriate subregional or regional fisheries management organizations or arrangements. Such organizations or arrangements shall compile data and make them available in a timely manner and in an agreed format to all interested States under the terms and conditions established by the organization or arrangement, while maintaining confidentiality of non-aggregated data, and should, to the extent feasible, develop database systems which provide efficient access to data.
2. At the global level, collection and dissemination of data should be effected through the Food and Agriculture Organization of the United Nations. Where a subregional or regional fisheries management organization or arrangement does not exist, that organization may also do the same at the subregional or regional level by arrangement with the States concerned. ANNEX II
GUIDELINES FOR THE APPLICATION OF PRECAUTIONARY REFERENCE POINTS IN CONSERVATION AND MANAGEMENT
OF STRADDLING FISH STOCKS AND HIGHLY MIGRATORY
FISH STOCKS
1. A precautionary reference point is an estimated value derived through an agreed scientific procedure, which corresponds to the state of the resource and of the fishery, and which can be used as a guide for fisheries management.
2. Two types of precautionary reference points should be used: conservation, or limit, reference points and management, or target, reference points. Limit reference points set boundaries which are intended to constrain harvesting within safe biological limits within which the stocks can produce maximum sustainable yield. Target reference points are intended to meet management objectives.
3. Precautionary reference points should be stock-specific to account, inter alia, for the reproductive capacity, the resilience of each stock and the characteristics of fisheries exploiting the stock, as well as other sources of mortality and major sources of uncertainty.
4. Management strategies shall seek to maintain or restore populations of harvested stocks, and where necessary associated or dependent species, at levels consistent with previously agreed precautionary reference points. Such reference points shall be used to trigger pre-agreed conservation and management action. Management strategies shall include measures which can be implemented when precautionary reference points are approached.
5. Fishery management strategies shall ensure that the risk of exceeding limit reference points is very low. If a stock falls below a limit reference point or is at risk of falling below such a reference point, conservation and management action should be initiated to facilitate stock recovery. Fishery management strategies shall ensure that target reference points are not exceeded on average.
6. When information for determining reference points for a fishery is poor or absent, provisional reference points shall be set. Provisional reference points may be established by analogy to similar and better-known stocks. In such situations, the fishery shall be subject to enhanced monitoring so as to enable revision of provisional reference points as improved information becomes available.
7. The fishing mortality rate which generates maximum sustainable yield should be regarded as a minimum standard for limit reference points. For stocks which are not overfished, fishery management strategies shall ensure that fishing mortality does not exceed that which corresponds to maximum sustainable yield, and that the biomass does not fall below a predefined threshold. For overfished stocks, the biomass which would produce maximum sustainable yield can serve as a rebuilding target. FISHERIES MANAGEMENT ACT 1991
Schedule 3—Compliance Agreement
Note: See subsection 4(1) (definition of Compliance Agreement).
AGREEMENT TO PROMOTE COMPLIANCE
WITH INTERNATIONAL CONSERVATION AND MANAGEMENT MEASURES BY FISHING VESSELS ON THE HIGH SEAS
PREAMBLE
The Parties to this Agreement,
Recognizing that all States have the right for their nationals to engage in fishing on the high seas, subject to the relevant rules of international law, as reflected in the United Nations Convention on the Law of the Sea,
Further recognizing that, under international law as reflected in the
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United Nations Convention on the Law of the Sea, all States have the duty to take, or to cooperate with other States in taking, such measures for their respective nationals as may be necessary for the conservation of the living resources of the high seas,
Acknowledging the right and interest of all States to develop their fishing sectors in accordance with their national policies, and the need to promote cooperation with developing countries to enhance their capabilities to fulfil their obligations under this Agreement,
Recalling that Agenda 21, adopted by the United Nations Conference on Environment and Development, calls upon States to take effective action, consistent with international law, to deter reflagging of vessels by their nationals as a means of avoiding compliance with applicable conservation and management rules for fishing activities on the high seas,
Further recalling that the Declaration of Cancun, adopted by the International Conference on Responsible Fishing, also calls on States to take action in this respect,
Bearing in mind that under Agenda 21, States commit themselves to the conservation and sustainable use of marine living resources on the high seas,
Calling upon States which do not participate in global, regional or subregional fisheries organizations or arrangements to join or, as appropriate, to enter into understandings with such organizations or with parties to such organizations or arrangements with a view to achieving compliance with international conservation and management measures,
Conscious of the duties of every State to exercise effectively its jurisdiction and control over vessels flying its flag, including fishing vessels and vessels engaged in the transhipment of fish,
Mindful that the practice of flagging or reflagging fishing vessels as a means of avoiding compliance with international conservation and management measures for living marine resources, and the failure of flag States to fulfil their responsibilities with respect to fishing vessels entitled to fly their flag, are among the factors that seriously undermine the effectiveness of such measures,
Realizing that the objective of this Agreement can be achieved through specifying flag States' responsibility in respect of fishing vessels entitled to fly their flags and operating on the high seas, including the authorization by the flag State of such operations, as well as through strengthened international cooperation and increased transparency through the exchange of information on high seas fishing,
Noting that this Agreement will form an integral part of the International Code of Conduct for Responsible Fishing called for in the Declaration of Cancun,
Desiring to conclude an international agreement within the framework of the Food and Agriculture Organization of the United Nations, hereinafter referred to as FAO, under Article XIV of the FAO Constitution,
Have agreed as follows:
Article I
DEFINITIONS
For the purposes of this Agreement:
(a) "fishing vessel" means any vessel used or intended for use for the purposes of the commercial exploitation of living marine resources, including mother ships and any other vessels directly engaged in such fishing operations;
(b) "international conservation and management measures" means measures to conserve or manage one or more species of living marine resources that are adopted and applied in accordance with the relevant rules of international law as reflected in the 1982 United Nations Convention on the Law of the Sea. Such measures may be adopted either by global, regional or subregional fisheries organizations, subject to the rights and obligations of their members, or by treaties or other international agreements;
(c) "length" means
(i) for any fishing vessel built after 18 July 1982, 96 percent of the total length on a waterline at 85 percent of the least moulded depth measured from the top of the keel, or the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that be greater. In ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline;
(ii) for any fishing vessel built before 18 July 1982, registered length as entered on the national register or other record of vessels;
(d) "record of fishing vessels" means a record of fishing vessels in which are recorded pertinent details of the fishing vessel. It may constitute a separate record for fishing vessels or form part of a general record of vessels;
(e) "regional economic integration organization" means a regional economic integration organization to which 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;
(f) "vessels entitled to fly its flag" and "vessels entitled to fly the flag of a State", includes vessels entitled to fly the flag of a member State of a regional economic integration organization.
Article II
APPLICATION
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1. Subject to the following paragraphs of this Article, this Agreement shall apply to all fishing vessels that are used or intended for fishing on the high seas.
2. A Party may exempt fishing vessels of less than 24 metres in length entitled to fly its flag from the application of this Agreement unless the Party determines that such an exemption would undermine the object and purpose of this Agreement, provided that such exemptions:
(a) shall not be granted in respect of fishing vessels operating in fishing regions referred to in paragraph 3 below, other than fishing vessels that are entitled to fly the flag of a coastal State of that fishing region; and
(b) shall not apply to the obligations undertaken by a Party under paragraph 1 of Article III, or paragraph 7 of Article VI of this Agreement.
3. Without prejudice to the provisions of paragraph 2 above, in any fishing region where bordering coastal States have not yet declared exclusive economic zones, or equivalent zones of national jurisdiction over fisheries, such coastal States as are Parties to this Agreement may agree, either directly or through appropriate regional fisheries organizations, to establish a minimum length of fishing vessels below which this Agreement shall not apply in respect of fishing vessels flying the flag of any such coastal State and operating exclusively in such fishing region.
Article III
FLAG STATE RESPONSIBILITY
1. (a) Each Party shall take such measures as may be necessary to ensure that fishing vessels entitled to fly its flag do not engage in any activity that undermines the effectiveness of international conservation and management measures.
(b) In the event that a Party has, pursuant to paragraph 2 of Article II, granted an exemption for fishing vessels of less than 24 metres in length entitled to fly its flag from the application of other provisions of this Agreement, such Party shall nevertheless take effective measures in respect of any such fishing vessel that undermines the effectiveness of international conservation and management measures. These measures shall be such as to ensure that the fishing vessel ceases to engage in activities that undermine the effectiveness of the international conservation and management measures.
2. In particular, no Party shall allow any fishing vessel entitled to fly its flag to be used for fishing on the high seas unless it has been authorized to be so used by the appropriate authority or authorities of that Party. A fishing vessel so authorized shall fish in accordance with the conditions of the authorization.
3. No Party shall authorize any fishing vessel entitled to fly its flag to be used for fishing on the high seas unless the Party is satisfied that it is able, taking into account the links that exist between it and the fishing vessel concerned, to exercise effectively its responsibilities under this Agreement in respect of that fishing vessel.
4. Where a fishing vessel that has been authorized to be used for fishing on the high seas by a Party ceases to be entitled to fly the flag of that Party, the authorization to fish on the high seas shall be deemed to have been cancelled.
5. (a) No Party shall authorize any fishing vessel previously registered in the territory of another Party that has undermined the effectiveness of international conservation and management measures to be used for fishing on the high seas, unless it is satisfied that
(i) any period of suspension by another Party of an authorization for such fishing vessel to be used for fishing on the high seas has expired; and
(ii) no authorization for such fishing vessel to be used for fishing on the high seas has been withdrawn by another Party within the last three years.
(b) The provisions of subparagraph (a) above shall also apply in respect of fishing vessels previously registered in the territory of a State which is not a Party to this Agreement, provided that sufficient information is available to the Party concerned on the circumstances in which the authorization to fish was suspended or withdrawn.
(c) The provisions of subparagraphs (a) and (b) shall not apply where the ownership of the fishing vessel has subsequently changed, and the new owner has provided sufficient evidence demonstrating that the previous owner or operator has no further legal, beneficial or financial interest in, or control of, the fishing vessel.
(d) Notwithstanding the provisions of subparagraphs (a) and (b) above, a Party may authorize a fishing vessel, to which those subparagraphs would otherwise apply, to be used for fishing on the high seas, where the Party concerned, after having taken into account all relevant facts, including the circumstances in which the fishing authorization has been withdrawn by the other Party or State, has determined that to grant an authorization to use the vessel for fishing on the high seas would not undermine the object and purpose of this Agreement.
6. Each party shall ensure that all fishing vessels entitled to fly its flag that it has entered in the record maintained under Article IV are marked in such a way that they can be readily identified in accordance with generally accepted standards, such as the FAO Standard Specifications for the Marking and Identification of Fishing Vessels.
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7. Each Party shall ensure that each fishing vessel entitled to fly its flag shall provide it with such information on its operations as may be necessary to enable the Party to fulfil its obligations under this Agreement, including in particular information pertaining to the area of its fishing operations and to its catches and landings.
8. Each Party shall take enforcement measures in respect of fishing vessels entitled to fly its flag which act in contravention of the provisions of this Agreement, including, where appropriate, making the contravention of such provisions an offence under national legislation. Sanctions applicable in respect of such contraventions shall be of sufficient gravity as to be effective in securing compliance with the requirements of this Agreement and to deprive offenders of the benefits accruing from their illegal activities. Such sanctions shall, for serious offences, include refusal, suspension or withdrawal of the authorization to fish on the high seas.
Article IV
RECORDS OF FISHING VESSELS
Each Party shall, for the purposes of this Agreement, maintain a record of fishing vessels entitled to fly its flag and authorized to be used for fishing on the high seas, and shall take such measures as may be necessary to ensure that all such fishing vessels are entered in that record.
Article V
INTERNATIONAL COOPERATION
1. The Parties shall cooperate as appropriate in the implementation of this Agreement, and shall, in particular, exchange information, including evidentiary material, relating to activities of fishing vessels in order to assist the flag State in identifying those fishing vessels flying its flag reported to have engaged in activities undermining international conservation and management measures, so as to fulfil its obligations under Article III.
2. When a fishing vessel is voluntarily in the port of a Party other than its flag State, that Party, where it has reasonable grounds for believing that the fishing vessel has been used for an activity that undermines the effectiveness of international conservation and management measures, shall promptly notify the flag State accordingly. Parties may make arrangements regarding the undertaking by port States of such investigatory measures as may be considered necessary to establish whether the fishing vessel has indeed been used contrary to the provisions of this Agreement.
3. The Parties shall, when and as appropriate, enter into cooperative agreements or arrangements of mutual assistance on a global, regional, subregional or bilateral basis so as to promote the achievement of the objectives of this Agreement.
Article VI
EXCHANGOF INFORMATION
1. Each Party shall make readily available to FAO the following information with respect to each fishing vessel entered in the record required to be maintained under Article IV:
(a) name of fishing vessel, registration number, previous names (if known), and port of registry;
(b) previous flag (if any);
(c) International Radio Call Sign (if any);
(d) name and address of owner or owners;
(e) where and when built;
(f) type of vessel;
(g) length.
2. Each Party shall, to the extent practicable, make available to FAO the following additional information with respect to each fishing vessel entered in the record required to be maintained under Article IV:
(a) name and address of operator (manager) or operators (managers) (if any);
(b) type of fishing method or methods;
(c) moulded depth;
(d) beam;
(e) gross register tonnage;
(f) power of main engine or engines.
3. Each Party shall promptly notify to FAO any modifications to the information listed in paragraphs 1 and 2 of this Article.
4. FAO shall circulate periodically the information provided under paragraphs 1, 2, and 3 of this Article to all Parties, and, on request, individually to any Party. FAO shall also, subject to any restrictions imposed by the Party concerned regarding the distribution of information, provide such information on request individually to any global, regional or subregional fisheries organization.
5. Each Party shall also promptly inform FAO of -
(a) any additions to the record;
(b) any deletions from the record by reason of -
(i) the voluntary relinquishment or non-renewal of the fishing authorization by the fishing vessel owner or operator;
(ii) the withdrawal of the fishing authorization issued in respect of the fishing vessel under paragraph 8 of Article III;
(iii) the fact that the fishing vessel concerned is no longer entitled to fly its flag;
(iv) the scrapping, decommissioning or loss of the fishing vessel concerned;
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or
(v) any other reason.
6. Where information is given to FAO under paragraph 5 (b) above, the Party concerned shall specify which of the reasons listed in that paragraph is applicable.
7. Each Party shall inform FAO of
(a) any exemption it has granted under paragraph 2 of Article II, the number and type of fishing vessel involved and the geographical areas in which such fishing vessels operate; and
(b) any agreement reached under paragraph 3 of Article II.
8. (a) Each Party shall report promptly to FAO all relevant information regarding any activities of fishing vessels flying its flag that undermine the effectiveness of international conservation and management measures, including the identity of the fishing vessel or vessels involved and measures imposed by the Party in respect of such activities. Reports on measures imposed by a Party may be subject to such limitations as may be required by national legislation with respect to confidentiality, including, in particular, confidentiality regarding measures that are not yet final.
(b) Each Party, where it has reasonable grounds to believe that a fishing vessel not entitled to fly its flag has engaged in any activity that undermines the effectiveness of international conservation and management measures, shall draw this to the attention of the flag State concerned and may, as appropriate, draw it to the attention of FAO. It shall provide the flag State with full supporting evidence and may provide FAO with a summary of such evidence. FAO shall not circulate such information until such time as the flag State has had an opportunity to comment on the allegation and evidence submitted, or to object as the case may be.
9. Each Party shall inform FAO of any cases where the Party, pursuant to paragraph 5 (d) of Article III, has granted an authorization notwithstanding the provisions of paragraph 5 (a) or 5 (b) of Article III. The information shall include pertinent data permitting the identification of the fishing vessel and the owner or operator and, as appropriate, any other information relevant to the Party's decision.
10. FAO shall circulate promptly the information provided under paragraphs 5, 6, 7, 8 and 9 of this Article to all Parties, and, on request, individually to any Party. FAO shall also, subject to any restrictions imposed by the Party concerned regarding the distribution of information, provide such information promptly on request individually to any global, regional or subregional fisheries organization.
11. The Parties shall exchange information relating to the implementation of this Agreement, including through FAO and other appropriate global, regional and subregional fisheries organizations.
Article VII
COOPERATION WITH DEVELOPING COUNTRIES
The Parties shall cooperate, at a global, regional, subregional or bilateral level, and, as appropriate, with the support of FAO and other international or regional organizations, to provide assistance, including technical assistance, to Parties that are developing countries in order to assist them in fulfilling their obligations under this Agreement.
Article VIII
NON-PARTIES
1. The Parties shall encourage any State not party to this Agreement to accept this Agreement and shall encourage any non-Party to adopt laws and regulations consistent with the provisions of this Agreement.
2. The Parties shall cooperate in a manner consistent with this Agreement and with international law to the end that fishing vessels entitled to fly the flags of non-Parties do not engage in activities that undermine the effectiveness of international conservation and management measures.
3. The Parties shall exchange information amongst themselves, either directly or through FAO, with respect to activities of fishing vessels flying the flags of non-Parties that undermine the effectiveness of international conservation and management measures.
Article IX
SETTLEMENT OF DISPUTES
1. Any Party may seek consultations with any other Party or Parties on any dispute with regard to the interpretation or application of the provisions of this Agreement with a view to reaching a mutually satisfactory solution as soon as possible.
2. In the event that the dispute is not resolved through these consultations within a reasonable period of time, the Parties in question shall consult among themselves as soon as possible with a view to having the dispute settled by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their own choice.
3. Any dispute of this character not so resolved shall, with the consent of all Parties to the dispute, be referred for settlement to the International Court of Justice, to the International Tribunal for the Law of the Sea upon entry into force of the 1982 United Nations Convention on the Law of the Sea or to arbitration. In the case of failure to reach agreement on referral to the International Court of Justice, to the International Tribunal for the Law of the Sea or to arbitration, the Parties shall continue to consult and cooperate
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with a view to reaching settlement of the dispute in accordance with the rules of international law relating to the conservation of living marine resources.
Article X
ACCEPTANCE
1. This Agreement shall be open to acceptance by any Member or Associate Member of FAO, and to any non-member State that is a member of the United Nations, or of any of the specialized agencies of the United Nations or of the International Atomic Energy Agency.
2. Acceptance of this Agreement shall be effected by the deposit of an instrument of acceptance with the Director-General of FAO, hereinafter referred to as the Director-General.
3. The Director-General shall inform all Parties, all Members and Associate Members of FAO and the Secretary-General of the United Nations of all instruments of acceptance received.
4. When a regional economic integration organization becomes a Party to this Agreement, such regional economic integration organization shall, in accordance with the provisions of Article II.7 of the FAO Constitution, as appropriate, notify such modifications or clarifications to its declaration of competence submitted under Article II.5 of the FAO Constitution as may be necessary in light of its acceptance of this Agreement. Any Party to this Agreement may, at any time, request a regional economic integration organization that is a Party to this Agreement to provide information as to which, as between the regional economic integration organization and its Member States, is responsible for the implementation of any particular matter covered by this Agreement. The regional economic integration organization shall provide this information within a reasonable time.
Article XI
ENTRY INTO FORCE
1. This Agreement shall enter into force as from the date of receipt by the Director-General of the twenty-fifth instrument of acceptance.
2. For the purpose of this Article, an instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such an organization.
Article XII
RESERVATIONS
Acceptance of this Agreement may be made subject to reservations which shall become effective only upon unanimous acceptance by all Parties to this Agreement. The Director-General shall notify forthwith all Parties of any reservation. Parties not having replied within three months from the date of the notification shall be deemed to have accepted the reservation. Failing such acceptance, the State or regional economic integration organization making the reservation shall not become a Party to this Agreement.
Article XIII
AMENDMENTS
1. Any proposal by a Party for the amendment of this Agreement shall be communicated to the Director-General.
2. Any proposed amendment of this Agreement received by the Director-General from a Party shall be presented to a regular or special session of the Conference for approval and, if the amendment involves important technical changes or imposes additional obligations on the Parties, it shall be considered by an advisory committee of specialists convened by FAO prior to the Conference.
3. Notice of any proposed amendment of this Agreement shall be transmitted to the Parties by the Director-General not later than the time when the agenda of the session of the Conference at which the matter is to be considered is dispatched.
4. Any such proposed amendment of this Agreement shall require the approval of the Conference and shall come into force as from the thirtieth day after acceptance by two-thirds of the Parties. Amendments involving new obligations for Parties, however, shall come into force in respect of each Party only on acceptance by it and as from the thirtieth day after such acceptance. Any amendment shall be deemed to involve new obligations for Parties unless the Conference, in approving the amendment, decides otherwise by consensus.
5. The instruments of acceptance of amendments involving new obligations shall be deposited with the Director-General, who shall inform all Parties of the receipt of acceptance and the entry into force of amendments.
6. For the purpose of this Article, an instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such an organization.
Article XIV
WITHDRAWAL
Any Party may withdraw from this Agreement at any time after the expiry 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 Director-General who shall immediately inform all the Parties and the Members and Associate Members of FAO of such withdrawal. Withdrawal shall become effective at the end of the calendar year following that in which the notice of withdrawal has been received by the Director-General.
Article XV
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DUTIES OF THE DEPOSITARY
The Director-General shall be the Depositary of this Agreement. The Depositary shall:
(a) send certified copies of this Agreement to each Member and Associate Member of FAO and to such non-member States as may become party to this Agreement;
(b) arrange for the registration of this Agreement, upon its entry into force, with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations;
(c) inform each Member and Associate Member of FAO and any non-member States as may become Party to this Agreement of:
(i) instruments of acceptance deposited in accordance with Article X;
(ii) the date of entry into force of this Agreement in accordance with Article XI;
(iii) proposals for and the entry into force of amendments to this Agreement in accordance with Article XIII;
(iv) withdrawals from this Agreement pursuant to Article XIV.
Article XVI
AUTHENTIC TEXTS
The Arabic, Chinese, English, French, and Spanish texts of this Agreement are equally authentic. FISHERIES MANAGEMENT ACT 1991
Notes to the Fisheries Management Act 1991
Note 1
The Fisheries Management Act 1991 as shown in this compilation comprises Act No. 162, 1991 amended as indicated in the Tables below.
For application, saving or transitional provisions made by the Corporations (Repeals, Consequentials and Transitionals) Act 2001, see Act No. 55, 2001.
For all other relevant information pertaining to application, saving or transitional provisions see Table A.
Table of Acts
Act
| Number
and year
| Date
of Assent
| Date of commencement
| Application, saving or transitional provisions
|
Fisheries Management Act 1991
| 162, 1991
| 10 Nov 1991
| Ss. 1 and 2: Royal Assent
Part 5 (ss. 58-82): 3 Feb 1995 (a)
Remainder: 3 Feb 1991 (see Gazette 1992, No. GN1)
|
|
Primary Industries and Energy Legislation Amendment Act 1993
| 94, 1993
| 16 Dec 1993
| Parts 11 and 12 (ss. 47-65): 1 Jan 1994
S. 69(1)(b):
1 July 1989
Remainder: Royal Assent
| —
|
Maritime Legislation Amendment Act 1994
| 20, 1994
| 15 Feb 1994
| 1 Aug 1994 (see Gazette 1994, No. S289)
| —
|
Primary Industries and Energy Legislation Amendment Act (No. 2) 1994
| 129, 1994
| 21 Oct 1994
| S. 3: Royal Assent (b)
| —
|
Evidence (Transitional Provisions and Consequential Amendments) Act 1995
| 3, 1995
| 23 Feb 1995
| S. 27: 18 Apr 1995 (c)
| S. 14
|
Primary Industries and Energy Legislation Amendment Act (No. 2) 1996
| 59, 1996
| 20 Nov 1996
| Schedule 4: Royal Assent (d)
| —
|
Fisheries Legislation Amendment Act 1997
| 120, 1997
| 7 July 1997
| 7 July 1997
| Sch. 2 (item 29)
|
Fisheries Legislation Amendment Act (No. 1) 1998
| 75, 1998
| 30 June 1998
| Schedule 1: 28 July 1998 (e)
| —
|
Fisheries Legislation Amendment Act (No. 1) 1999
| 143, 1999
| 3 Nov 1999
| Schedule 1: 16 Dec 1999 (see Gazette 1999, No. S623)
Schedule 2: 11 Dec 2001 (see Gazette 2001, No. S485)
Remainder: Royal Assent
| Sch. 1 (items 16, 25, 27) and Sch. 2 (items 23, 36)
|
Public Employment (Consequential and Transitional) Amendment Act 1999
| 146, 1999
| 11 Nov 1999
| Schedule 1 (items 489, 490):
5 Dec 1999 (see Gazette 1999, No. S584) (f)
| —
|
Border Protection Legislation Amendment Act 1999
| 160, 1999
| 8 Dec 1999
| Schedule 3 (Items 1-8, 14):
16 Dec 1999 (see Gazette 1999, No. S624) (g)
Schedule 3 (items 9-13): (g)
| —
|
Fisheries Legislation Amendment Act (No. 1) 2000
| 50, 2000
| 3 May 2000
| Schedules 1 and 2: 1 Aug 2000 (see Gazette 2000, No. S415)
Remainder: Royal Assent
| Sch. 2 (item 17)
|
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000
| 137, 2000
| 24 Nov 2000
| Ss. 1-3 and Schedule 1 (items 1, 4, 6, 7, 9-11, 32): Royal Assent
Remainder: 24 May 2001
| Sch. 2 (items 418, 419)
|
Corporations (Repeals, Consequentials and Transitionals) Act 2001
| 55, 2001
| 28 June 2001
| Ss. 4-14 and Schedule 3 (items 199, 200): 15 July 2001 (see Gazette 2001, No. S285) (h)
| Ss. 4-14
|
Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001
| 115, 2001
| 18 Sept 2001
| 16 Oct 2001
| S. 4
|
Measures to Combat Serious and Organised Crime Act 2001
| 136, 2001
| 1 Oct 2001
| Schedule 4 (item 70): 29 Oct 2001 (i)
| —
|
Border Security Legislation Amendment Act 2002
| 64, 2002
| 5 July 2002
| Schedule 8: 5 Jan 2003
| —
|
Fisheries Legislation Amendment (Compliance and Deterrence Measures and Other Matters) Act 2004
| 28, 2004
| 1 Apr 2004
| Schedule 1: 6 Aug 2004 (see Gazette 2004, No. S321)
Remainder: Royal Assent
| —
|
Fisheries Legislation Amendment (High Seas Fishing Activities and Other Matters) Act 2004
| 29, 2004
| 2 Apr 2004
| Schedules 1 and 2: 20 Aug 2004 (see Gazette 2004, No. S343)
Remainder: Royal Assent
| Sch. 2 (item 8)
|
(a)
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Subsection 2(2) of the Fisheries Management Act 1991 provides as follows: (2) Part 5 commences upon the repeal or the ceasing to have effect (as the case may be) of Part IVA of the Fisheries Act 1952.
NOTE: Subsection 7(3) of the Fisheries Legislation (Consequential Provisions) Act 1991, as amended by section 24 of the Primary Industries and Energy Legislation Amendment Act 1993, provides as follows:
(3) Part IVA of the Fisheries Act 1952 unless sooner repealed, ceases to have effect at the end of the period of 3 years beginning on the day on which this section commences.
Section 7 of the Fisheries Legislation (Consequential Provisions) Act 1991 commenced on 3 February 1992 (see Gazette 1992, No. GN1).
(b) The Fisheries Management Act 1991 was amended by section 3 only of the Primary Industries and Energy Legislation Amendment Act (No. 2) 1994, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(c) The Fisheries Management Act 1991 was amended by section 27 only of the Evidence (Transitional Provisions and Consequential Amendments) Act 1995, subsection 2(13) of which provides as follows:
(13) Section 27 of this Act and the Schedule to this Act commence:
(a) on the day on which sections 153 and 155 of the Evidence Act 1995 commence; or
(b) if those sections commence on different days—the first day on which both of those sections are in force.
Sections 153 and 155 of the Evidence Act 1995 commenced on 18 April 1995.
(d) The Fisheries Management Act 1991 was amended by Schedule 4 only of the Primary Industries and Energy Legislation Amendment Act (No. 2) 1996, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(e) The Fisheries Management Act 1991 was amended by Schedule 1 only of the Fisheries Legislation Amendment Act (No. 1) 1998, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences 28 days after the day on which it receives the Royal Assent.
(f) The Fisheries Management Act 1991 was amended by Schedule 1 (items 489 and 490) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
(g) The Fisheries Management Act 1991 was amended by Schedule 3 only of the Border Protection Legislation Amendment Act 1999, subsections 2(4), (5) and (6) of which provide as follows:
Parts 1 and 3 of Schedule 3
(4) Parts 1 and 3 of Schedule 3 commence at the same time as the item in Schedule 2 that inserts section 189A into the Customs Act 1901.
Division 2 of Part 2 of Schedule 3
(5) Division 2 of Part 2 of Schedule 3 commences immediately after the commencement of Schedule 2 to the Fisheries Legislation Amendment Act (No. 1) 1999.
Remaining provisions of this Act
(6) Subject to subsections (7) and (8), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
Schedule 2 of the Fisheries Legislation Amendment Act (No. 1) 1999 commenced on 11 December 2001 (see Gazette 2001, No. S485).
(h) The Fisheries Management Act 1991 was amended by Schedule 3 (items 199 and 200) only of the Corporations (Repeals, Consequentials and Transitionals) Act 2001, subsection 2(3) of which provides as follows:
(3) Subject to subsections (4) to (10), Schedule 3 commences, or is taken to have commenced, at the same time as the Corporations Act 2001.
(i) The Fisheries Management Act 1991 was amended by Schedule 4 (item 70) only of the Measures to Combat Serious and Organised Crime Act 2001, subsection 2(5) of which provides as follows:
(5) The remainder of this Act commences on the 28th day after the day on which it receives the Royal Assent.
Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
|
Provision affected
| How affected
|
Part 1
|
|
S. 3
| am. No. 120, 1997; No. 143, 1999; No. 29, 2004
|
S. 4
| am. No. 20, 1994; No. 120, 1997; Nos. 143 and 160, 1999; No. 137, 2000; No. 29, 2004
|
S. 6A
| ad. No. 115, 2001
|
S. 7
| am. No. 143, 1999; No. 29, 2004
|
Note to s. 7(1)
| ad. No. 143, 1999
|
S. 8
| am. No. 143, 1999; No. 29, 2004
|
S. 8A
| ad. No. 50, 2000
|
S. 9
| am. No. 137, 2000
|
S. 9A
| ad. No. 94, 1993
|
S. 10
| am. No. 143, 1999; No. 29, 2004
|
Part 2
|
|
S. 13
| am. No. 120, 1997; No. 115, 2001
|
S. 14
| am. No. 50, 2000
|
S. 15
| am. No. 120, 1997; No. 50, 2000; No. 115, 2001
|
S. 15A
| ad. No. 75, 1998
|
| am. No. 115, 2001; No. 29, 2004
|
S. 15B
| ad. No. 75, 1998
|
Part 3
|
|
Division 1
|
|
S. 16A
| ad. No. 143, 1999
|
S. 16B
| ad. No. 29, 2004
|
Division 2
|
|
S. 17
| am. No. 94, 1993; No. 120, 1997; No. 143, 1999; No. 50, 2000
|
S. 17A
| ad. No. 120, 1997
|
| am. No. 50, 2000
|
S. 19
| am. No. 3, 1995
|
Division 3
|
|
S. 21
| am. No. 94, 1993
|
S. 22
| am. No. 94, 1993; Nos. 28 and 29, 2004
|
Note to s. 22(3)
| ad. No. 143, 1999
|
Division 4
|
|
S. 26
| am. No. 120, 1997
|
Division 4A
|
|
Div. 4A of Part 3
| ad. No. 120, 1997
|
Ss. 31A-31E
| ad. No. 120, 1997
|
S. 31F
| ad. No. 120, 1997
|
| am. No. 55, 2001
|
Ss. 31G, 31H
| ad. No. 120, 1997
|
Ss. 31J-31L
| ad. No. 120, 1997
|
Division 5
|
|
S. 32
| am. No. 94, 1993; No. 129, 1994; No. 143, 1999; Nos. 28 and 29, 2004
|
Note to s. 32(5)
| ad. No. 143, 1999
|
Division 6
|
|
S. 33
| am. No. 28, 2004
|
Note to s. 33(3)
| ad. No. 143, 1999
|
Division 7
|
|
S. 34
| am. No. 94, 1993; No. 28, 2004
|
Division 8
|
|
Note to s. 38
| ad. No. 120, 1997
|
S. 39
| am. No. 143, 1999; No. 29, 2004
|
Note to s. 39
| ad. No. 120, 1997
|
Division 9
|
|
S. 40
| am. No. 28, 2004
|
Division 10
|
|
S. 41A
| ad. No. 28, 2004
|
Heading to s. 42
| rs. No. 29, 2004
|
S. 42
| am. No. 143, 1999; No. 29, 2004
|
S. 42A
| ad. No. 143, 1999
|
S. 43
| am. No. 129, 1994; No. 143, 1999
|
Part 4
|
|
S. 46
| am. No. 120, 1997; No. 55, 2001
|
S. 49
| am. No. 120, 1997
|
S. 57
| am. No. 115, 2001
|
| rs. No. 29, 2004
|
Part 4A
|
|
Part 4A
| ad. No. 29, 2004
|
Ss. 57A-57F
| ad. No. 29, 2004
|
Part 4B
|
|
Part 4B
| ad. No. 28, 2004
|
Ss. 57G, 57H
| ad. No. 28, 2004
|
Ss. 57J-57L
| ad. No. 28, 2004
|
Part 5
|
|
Division 2
|
|
S. 65
| am. No. 120, 1997
|
Division 3
|
|
S. 78
| rs. No. 120, 1997
|
Ss. 79, 80
| rep. No. 120, 1997
|
S. 82
| rep. No. 120, 1997
|
Part 6
|
|
Division 1
|
|
S. 84
| am. No. 129, 1994; No. 120, 1997; Nos. 143 and 160, 1999; No. 115, 2001; Nos. 28 and 29, 2004
|
Note to s. 84(1A)
| ad. No. 143, 1999
|
S. 84A
| ad. No. 160, 1999
|
| am. No. 136, 2001
|
Ss. 84B, 84C
| ad. No. 160, 1999
|
S. 85
| rs. No. 120, 1997
|
Ss. 85A-85H
| ad. No. 120, 1997
|
Ss. 85J, 85K
| ad. No. 120, 1997
|
S. 86
| rs. No. 120, 1997
|
Ss. 87A-87D
| ad. No. 143, 1999
|
S. 87E
| ad. No. 143, 1999
|
| am. No. 160, 1999
|
Ss. 87F-87H
| ad. No. 143, 1999
|
S. 87J
| ad. No. 143, 1999
|
S. 88
| am. No. 120, 1997; No. 143, 1999; No. 28, 2004
|
S. 88A
| ad. No. 143, 1999
|
S. 89
| am. No. 120, 1997; No. 115, 2001
|
Division 2
|
|
S. 91
| am. No. 129, 1994
|
S. 93
| am. No. 115, 2001
|
Division 3
|
|
S. 94
| am. No. 50, 2000
|
Division 4
|
|
S. 95
| am. No. 120, 1997; No. 143, 1999; No. 50, 2000; No. 29, 2004
|
Ss. 96, 97
| am. No. 120, 1997
|
S. 98
| am. No. 120, 1997; No. 143, 1999; No. 50, 2000; No. 115, 2001
|
S. 98A
| ad. No. 160, 1999
|
Division 5
|
|
Heading to s. 99
| am. No. 143, 1999
|
S. 99
| am. No. 120, 1997; No. 143, 1999
|
Heading to s. 100
| am. No. 143, 1999
|
S. 100
| am. No. 120, 1997; No. 143, 1999
|
S. 100A
| ad. No. 143, 1999
|
| am. No. 28, 2004
|
Heading to s. 101
| am. No. 143, 1999
|
S. 101
| am. No. 120, 1997; No. 143, 1999; No. 50, 2000
|
S. 101A
| ad. No. 143, 1999
|
| am. No. 50, 2000
|
S. 101B
| ad. No. 143, 1999
|
| am. No. 143, 1999
|
S. 102
| am. No. 120, 1997; No. 143, 1999; No. 50, 2000; No. 115, 2001
|
S. 103
| am. No. 120, 1997; No. 143, 1999; No. 115, 2001
|
S. 104
| am. No. 120, 1997; No. 115, 2001
|
Division 5A
|
|
Div. 5A of Part 6
| ad. No. 143, 1999
|
Subdivision A
|
|
Ss. 105A-105D
| ad. No. 143, 1999
|
Subdivision B
|
|
Ss. 105E-105G
| ad. No. 143, 1999
|
Division 6
|
|
Subdivision A
|
|
Heading to Subdiv. A
of Div. 6 of Part 6
| ad. No. 143, 1999
|
S. 106
| am. No. 129, 1994; No. 120, 1997; No. 143, 1999; No. 50, 2000; No. 29, 2004
|
Subdivision B
|
|
Subdiv. B of Div. 6 of Part 6
| ad. No. 143, 1999
|
S. 106A
| ad. No. 143, 1999
|
Subdivision C
|
|
Subdiv. C of Div. 6 of Part 6
| ad. No. 143, 1999
|
Ss. 106B-106H
| ad. No. 143, 1999
|
Subdivision CA
|
|
Subdiv. CA of Div. 6 of
Part 6
| ad. No. 28, 2004
|
Ss. 106J-106N
| ad. No. 28, 2004
|
Ss. 106P-106S
| ad. No. 28, 2004
|
Subdivision D
|
|
Heading to Subdiv. D
of Div. 6 of Part 6
| ad. No. 143, 1999
|
S. 107
| rep. No. 137, 2000
|
Subdivision E
|
|
Heading to Subdiv. E
of Div. 6 of Part 6
| ad. No. 143, 1999
|
S. 108
| am. No. 143, 1999; No. 115, 2001
|
Subdivision F
|
|
Subdiv. F of Div. 6 of Part 6
| ad. No. 143, 1999
|
S. 108A
| ad. No. 143, 1999
|
Part 7
|
|
Division 1
|
|
S. 113
| am. No. 28, 2004
|
Part 8
|
|
Division 1
|
|
Ss. 137, 138
| am. No. 146, 1999
|
Division 3
|
|
S. 142
| am. No. 94, 1993
|
S. 153
| am. No. 120, 1997; No. 115, 2001
|
S. 156
| am. No. 120, 1997; No. 115, 2001
|
Part 9
|
|
S. 164
| am. No. 120, 1997; No. 137, 2000; No. 115, 2001
|
S. 165
| am. No. 94, 1993; No. 120, 1997
|
S. 166
| am. No. 120, 1997
|
S. 167
| am. No. 29, 2004
|
S. 167A
| ad. No. 59, 1996
|
S. 167B
| ad. No. 64, 2002
|
S. 168
| am. No. 129, 1994; No. 120, 1997; No. 143, 1999; No. 50, 2000; No. 29, 2004
|
Schedules
|
|
Heading to Schedule
| rep. No. 143, 1999
|
Heading to Schedule 1
| ad. No. 143, 1999
|
Schedule 2
| ad. No. 143, 1999
|
Schedule 3
| ad. No. 29, 2004
|
Back to Top
Note 2
Note 2 Section 84(1)(e)—Schedule 2 (item 9) of the Fisheries Legislation Amendment (High Seas Fishing Activities and Other Matters) Act 2004 (No. 29, 2004) provides as follows:
Schedule 2 9 Paragraph 84(1)(e)
Omit "with the consent of the owner or person in charge of the vehicle or aircraft or under a warrant issued under section 85", substitute ", and subject to subsections (1AA) and (1AB)".
The proposed amendment was misdescribed and is not incorporated in this compilation.
Table A
Table A
Application, saving or transitional provisions
Evidence (Transitional Provisions and Consequential Amendments) Act 1995 (No. 3, 1995)
14 Amendments made by this Act (1) An amended provision does not apply in relation to proceedings the hearing of which began before the commencement of the amendment.
(2) An amended provision continues to apply in relation to proceedings the hearing of which began before that commencement as if the amendment had not been made.
(3) In this section:
amended provision means a provision of another Act that is amended by Part 4 of this Act or the Schedule to this Act, and is taken to include a provision of another Act that is repealed or omitted by that Part or the Schedule. amendment, in relation to a provision, includes repeal or omission of the provision.
Fisheries Legislation Amendment Act 1997 (No. 120, 1997)
Schedule 2
29 Saving
A delegation under subsection 65(1) of the Fisheries Management Act 1991 to an officer or employee of a State or of an authority of a State that was in force immediately before the commencement of item 28 continues in force as if it had been made under the subsection substituted by that item.
Fisheries Legislation Amendment Act (No. 1) 1999 (No. 143, 1999)
Schedule 1
16 Application
(1) The amendments made by this Part apply to things occurring after its commencement.
(2) Paragraph 101A(4)(c) of the Fisheries Management Act 1991 applies whether the regulations mentioned in the paragraph were made or commenced before or after the commencement of this Part.
25 Application
The amendments of section 106 of the Fisheries Management Act 1991 made by this Part, and Subdivisions B and C of Division 6 of Part 6 of that Act, apply in relation to offences committed after the commencement of this Part.
27 Application
Section 108A of the Fisheries Management Act 1991 applies to boats arrested or ordered to be sold as a result of proceedings commenced under the Admiralty Act 1988 after the commencement of this Part.
Schedule 2
23 Application and saving of existing plans
(1) Subsection 17(5C) of the Fisheries Management Act 1991 applies to all plans of management, whether notice relating to them is published in the Gazette under section 19 of that Act before or after the commencement of this Schedule.
(2) However, in the 12 months immediately after the commencement of this Schedule, a plan of management is not invalid merely because it does not comply with that subsection, if:
(a) the plan is for a fishery affecting straddling fish stocks, highly migratory fish stocks or ecologically related fish stocks (within the meaning of the Fish Stocks Agreement); and
(b) a notice relating to it was published in the Gazette under section 19 of that Act before the commencement of this Schedule.
36 Application
The amendment of paragraph 43(4)(c) made by this Schedule applies to temporary orders made after the commencement of this Schedule.
Fisheries Legislation Amendment Act (No. 1) 2000 (No. 50, 2000)
Schedule 2
17 Saving provisions
(1) For the purposes of any proceedings for a contravention referred to in paragraph 95(1)(d) of the Fisheries Management Act 1991 that are commenced, but not completed, before the amendment of that paragraph made by this Act, that paragraph continues in force as if that amendment had not been made.
(2) For the purposes of any proceedings for a contravention referred to in paragraph 95(1)(e) or (f) of the Fisheries Management Act 1991 that are commenced, but not completed, before the amendments of that paragraph made by this Act, that paragraph continues in force as if those amendments had not been made.
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)
Schedule 2
418 Transitional—pre-commencement offences
(1) Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:
(a) an offence committed before the commencement of this item; or
(b) proceedings for an offence alleged to have been committed before the commencement of this item; or
(c) any matter connected with, or arising out of, such proceedings;
as if the amendment or repeal had not been made.
(2) Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.
419 Transitional—pre-commencement notices
If:
(a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and
(b) any or all of those other provisions are repealed by this Schedule; and
(c) the first-mentioned provision is amended by this Schedule;
the amendment of the first-mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.
Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001 (No. 115, 2001)
4 Application of amendments
- (1)
- Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
- (2)
- For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.
Fisheries Legislation Amendment (High Seas Fishing Activities and Other Matters) Act 2004 (No. 29, 2004)
Schedule 2
8 Saving provision
Despite the amendments of section 42 of the Fisheries Management Act 1991 made by this Schedule, any condition attaching to a fishing concession:
(a) that was in force immediately before the making of a determination under section 42 as amended by this Act in respect of a particular fishery; and
(b) that relates:
(i) to the keeping of logbooks concerning fishing activities in that fishery undertaken before the making of that determination; or
(ii) to the production of those logbooks to AFMA;
continues to apply, on and after the making of that determination, in relation to those fishing activities as if the amendments had not been made.