Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific (and Protocols) (24 Nov 1989) in United States
Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific (and Protocols) (24 Nov 1989)
Entry into Force: 17 May 1991
The Parties to this Convention,
RECOGNISING the importance of marine living resources to the people of
the South Pacific region;
PROFOUNDLY CONCERNED at the damage now being done by pelagic driftnet
fishing to the albacore tuna resource and to the environment and economy
of the South Pacific region;
CONCERNED ALSO for the navigational threat posed by driftnet fishing;
NOTING that the increasing fishing capacity induced by large scale
driftnet fishing threatens the fish stocks in the South Pacific;
MINDFUL OF the relevant rules of international law, including the
provisions of the United Nations Convention on the Law of the Sea done at
Montego Bay on 10 December 1982, in particular Parts V, VII and XVI;
RECALLING the Declaration of the South Pacific Forum at Tarawa, 11 July
1989 that a Convention should be adopted to ban the use of driftnets in
the South Pacific region;
RECALLING ALSO the Resolution of the 29th South Pacific Conference at
Guam, which called for an immediate ban on the practice of driftnet
fishing in the South Pacific Commission region;
HAVE AGREED as follows:
Article 1
DEFINITIONS
For the purposes of this Convention and its Protocols:
(a) the “Convention Area”,
(i) subject to sub-paragraph (ii) of this paragraph, shall be the
area lying within 10 degrees North latitude and 50 degrees
South latitude and 130 degrees East longitude and 120 degrees
West longitude, and shall also include all waters under the
fisheries jurisdiction of any Party to this Convention.
(ii) In the case of a State or Territory which is Party to the
Convention by virtue of paragraph 1(b) or 1(c) of Article 10,
it shall include only waters under the fisheries jurisdiction
of that Party, adjacent to the Territory referred to in
paragraph 1(b) or 1(c) of Article 10;
(b) “driftnet” means a gillnet or other net or a combination of nets
which is more than 2.5 kilometres in length the purpose of which is
to enmesh, entrap or entangle fish by drifting on the surface of or
in the water;
(c) “driftnet fishing activities” means:
(i) catching, taking or harvesting fish with the use of a
driftnet;
(ii) attempting to catch, take or harvest fish with the use of a
driftnet;
(iii) engaging in any other activity which can reasonably be
expected to result in the catching, taking or harvesting of
fish with the use of a driftnet, including searching for and
locating fish to be taken by that method;
(iv) any operations at sea in support of, or in preparation for
any activity desribed in this paragraph, including operations
of placing, searching for or recovering fish aggregatin
devices or associated electronic equipment such as radio
beacons;
(v) 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;
or
(vi) transporting, transhipping and processing any driftnet catch,
and cooperation in the provision of food, fuel and other
supplies for vessels equipped for or engaged in driftnet
fishing;
(d) the “FFA” means the South Pacific Forum Fisheries Agency; and
(e) “fishing vessel” means any vessel or boat equipped for or engaged
in searching for, catching, processing or transporting fish or
other marine organisms.
Article 2
MEASURES REGARDING NATIONALS AND VESSELS
Each Party undertakes to prohibit its nationals and vessels documented
under its laws from engaging in driftnet fishing activities within the
Convention Area.
Article 3
MEASURES AGAINST DRIFTNET FISHING ACTIVITIES
(1) Each Party undertakes:
(a) not to assist or encourage the use of driftnets within the
Convention Area; and
(b) to take measures consistent with international law to restrict
driftnet fishing activities within the Convention Area, including
but not limited to:
(i) prohibiting the use of driftnets within areas under its
fisheries jurisdiction; and
(ii) prohibiting the transhipment of driftnet catches within areas
under its jurisdiction.
(2) Each Party may also take measures consistent with international law
to:
(a) prohibit the landing of driftnet catches within its territory;
(b) prohibit the processing of driftnet catches in facilities under its
jurisdiction;
(c) prohibit the importation of any fish or fish product, whether
processed or not, which was caught using a driftnet;
(d) restrict port access and port servicing facilities for driftnet
fishing vessels; and
(e) prohibit the possession of driftnets on board any fishing vessel
within areas under its fisheries jurisdiction.
(3) Nothing in this Convention shall prevent a Party from taking measures
against driftnet fishing activities which are stricter than those
required by the Convention.
Article 4
ENFORCEMENT
(1) Each Party shall take appropriate measures to ensure the application
of the provisions of this Convention.
(2) The Parties undertake to collaborate to facilitate surveillance and
enforcement of measures taken by Parties pursuant to this Convention.
(3) The Parties undertake to take measures leading to the withdrawal of
good standing on the Regional Register of Foreign Fishing Vessels
maintained by the FFA against any vessel engaging in driftnet fishing
activities.
Article 5
CONSULTATION WITH NON-PARTIES
(1) The Parties shall seek to consult with any State which is eligible to
become a Party to this Convention on any matter relating to driftnet
fishing activities which appear to affect adversely the conservation of
marine living resources within the Convention Area or the implementation
of the Convention or its Protocols.
(2) The Parties shall seek to reach agreement with any State referred to
in paragraph 1 of this Article, concerning the prohibitions established
pursuant to Articles 2 and 3.
Article 6
INSTITUTIONAL ARRANGEMENTS
(1) The FFA shall be responsible for carrying out the following
functions:
(a) the collection, preparation and dissemination of information on
driftnet fishing activities within the Convention Area;
(b) the facilitation of scientific analyses on the effects of driftnet
fishing activities within the Convention Area, including
consultations with appropriate regional and international
organisations; and
(c) The preparation and transmission to the Parties of an annual report
on any driftnet fishing activities within the Convention Area and
the measures taken to implement this Convention or its Protocols.
(2) Each Party shall expeditiously convey to the FFA:
(a) information on the measures adopted by it pursuant to the
implementation of the Convention; and
(b) information on, and scientific analyses on the effects of, driftnet
fishing activities relevant to the Convention Area.
(3) All Parties, including States or Territories not members of the FFA
and the FFA shall cooperate to promote the effective implementation of
this Article.
Article 7
REVIEW AND CONSULTATION AMONG PARTIES
(1) Without prejudice to the conduct of consultations among Parties by
other means, the FFA, at the request of three Parties, shall convene
meetings of the Parties to review the implementation of this Convention
and its Protocols.
(2) Parties to the Protocols shall be invited to any such meeting and to
participate in a manner to be determined by the Parties to the
Convention.
Article 8
CONSERVATION AND MANAGEMENT MEASURES
Parties to this Convention shall cooperate with each other and with
appropriate distant water fishing nations and other entities or
organisations in the development of conservation and management measures
for South Pacific albacore tuna within the Convention Area.
Article 9
PROTOCOLS
This Convention may be supplemented by Protocols or associated
instruments to further its objectives.
Article 10
SIGNATURE, RATIFICATION AND ACCESSION
(1) This Convention shall be open for signature by:
(a) any member of the FFA; and
(b) any State in respect of any Territory situated within the
Convention Area for which it is internationally responsible; or
(c) any Territory situated within the Convention Area which has been
authorised to sign the Convention and to assume rights and
obligations under it by the Government of the State which is
internationally responsible for it.
(2) This Convention is subject to ratification by members of the FFA and
the other States and Territories referred to in paragraph 1 of this
Article. The instruments of ratification shall be deposited with the
Government of New Zealand which shall be the Depositary.
(3) This Convention shall remain open for accession by the members of the
FFA and the other States and Territories referred to in paragraph 1 of
this Article. The instruments of accession shall be deposited with the
Depositary.
Article 11
RESERVATIONS
This Convention shall not be subject to reservations.
Article 12
AMENDMENTS
(1) Any Party may propose amendments to this Convention.
(2) Amendments shall be adopted by consensus among the Parties.
(3) Any amendments adopted shall be submitted by the Depositary to all
Parties for ratification, approval or acceptance.
(4) An amendment shall enter into force thirty days after receipt by the
Depositary of instruments of ratification, approval or acceptance from
all Parties.
Article 13
ENTRY INTO FORCE
(1) This Convention shall enter into force on the date of deposit of the
fourth instrument of ratification or accession.
(2) For any member of the FFA or a State or Territory which ratifies or
accedes to this Convention after the date of deposit of the fourth
instrument of ratification or accession, the Convention shall enter into
force on the date of deposit of its instrument of ratification or
accession.
Article 14
CERTIFICATION AND REGISTRATION
(1) The original of this Convention and its Protocols shall be deposited
with the Depositary, which shall transmit certified copies to all States
and Territories eligible to become Party to the Convention and to all
States eligible to become Party to a Protocol to the Convention.
(2) The Depositary shall register this Convention and its Protocols in
accordance with Article 102 of the Charter of the United Nations.
DONE at Wellington this twenty-fourth day of November 1989 in the
English and French languages, each text being equally authentic.
IN WITNESS WHEREOF the undersigned, being duly authorised by their
Governments, have signed this Convention.
PROTOCOL 1
The Parties to this Protocol,
NOTING the provisions of the Convention for the Prohibition of Fishing
with Long driftnets in the South Pacific (“the Convention”) HAVE AGREED
as follows:
Article 1
APPLICATION OF THE CONVENTION
Nothing in this Protocol shall affect or prejudice the views or positions
of any Party with respect to the law of the sea.
Article 2
MEASURES REGARDING NATIONALS AND VESSELS
Each Party undertakes to prohibit its nationals and fishing vessels
documented under its laws from using driftnets within the Convention
Area.
Article 3
TRANSMISSION OF INFORMATION
Each Party shall expeditiously convey to the FFA:
(a) information on the measures adopted by it pursuant to the
implementation of this Protocol; and
(b) information on, and scientific analyses on the effects of, driftnet
fishing activities relevant to the Convention Area.
Article 4
CONSERVATION AND MANAGEMENT MEASURES
Parties to this Protocol shall cooperate with Parties to the Convention
in the development of conservation and management measures for South
Pacific albacore tuna within the Convention Area.
Article 5
ENFORCEMENT
Each Party shall take appropriate measures to ensure the application of
the provisions of this Protocol.
Article 6
WITHDRAWAL
At any time after three years from the date on which this Protocol has
entered into force for a Party, that Party may withdraw from the Protocol
by giving written notice to the Depositary. The Depositary shall
immediately inform all Parties to the Convention or its Protocols of
receipt of a withdrawal notice. Withdrawal shall take effect one year
after receipt of such notice by the Depositary.
Article 7
FINAL CLAUSES
(1) This Protocol shall be open for signature by any State whose
nationals or fishing vessels documented under its laws fish within the
Convention Area or by any other State invited to sign by the Parties to
the Convention.
(2) This Protocol shall be subject to ratification. Instruments of
ratification shall be deposited with the Government of New Zealand, which
shall be the Depositary.
(3) This Protocol shall enter into force for each State on the date of
deposit of its instrument of ratification with the Depositary.
(4) This Protocol shall not be subject to reservations.
DONE at Noumea this twentieth day of October 1990.
IN WITNESS WHEREOF the undersigned, being duly authorised by their
Governments, have signed this Protocol.
PROTOCOL II
The Parties to this Protocol,
NOTING the provisions of the Convention for the Prohibition of Fishing
with Long driftnets in the South Pacific (“the Convention”)
HAVE AGREED as follows:
Article 1
APPLICATION OF THE CONVENTION
Noting in this Protocol shall affect or prejudice the views or positions
of any Party with respect to the law of the sea.
Article 2
MEASURES REGARDING NATIONALS AND VESSELS
Each Party undertakes to prohibit its nationals and fishing vessels
documented under its laws from using driftnets within the Convention
Area.
Article 3
MEASURES AGAINST driftnet FISHING ACTIVITIES
(1) Each Party undertakes:
(a) not to assist or encourage the use of driftnets within the
Convention Area; and
(b) to take measures consistent with international law to restrict
driftet fishing activities, including but not limited to:
(i) prohibiting the use of driftnets within areas under its
fisheries jurisdiction; and
(ii) prohibiting the transhipment of driftnet catches within areas
under its jurisdiction.
(2) Each Party may also take measures consistent with international law
to:
(a) prohibit the landing of driftnet catches within its territory;
(b) prohibit the processing of driftnet catches in facilities under its
jurisdiction;
(c) prohibit the importation of any fish or fish product, whether
processed or not, which was caught using a driftnet;
(d) restrict port access and port servicing facilities for driftnet
fishing vessels; and
(e) prohibit the possession of driftnets on board any fishing vessel
within areas under its fisheries jurisdiction.
(3) Nothing in this Protocol shall prevent a Party from taking measures
consistent with international law against driftnet fishing activities
which are stricter than those required by the Protocol.
Article 4
TRANSMISSION OF INFORMATION
Each Party shall expeditiously convey to the FFA:
(a) information on the measures adopted by it pursuant to the
implementation of this Protocol; and
(b) information on, and scientific analyses on the effects of, driftnet
fishing activities relevant to the Convention Area.
Article 5
ENFORCEMENT
Each Party shall take appropriate measures to ensure the application of
the provisions of this Protocol.
Article 6
WITHDRAWAL
At any time after three years from the date on which this Protocol has
entered into force for a Party, that Party may withdraw from the Protocol
by giving written notice to the Depositary. The Depositary shall
immediately inform all Parties to the Convention or its Protocols of
receipt of a withdrawal notice. Withdrawal shall take effect one year
after receipt of such notice by the Depositary.
Article 7
FINAL CLAUSES
(1) This Protocol shall be open for signature by any State the waters
under the jurisdiction of which are contiguous with or adjacent to the
Convention Area or by any other State invited to sign by the Parties to
the Convention.
(2) This Protocol shall be subject to ratification. Instruments of
ratification shall be deposited with the Government of New Zealand, which
shall be the Depositary.
(3) This Protocol shall enter into force for each State on the date of
deposit of its instruments of ratification with the Depositary.
(4) This Protocol shall not be subject to reservations.
DONE at Noumea this twentieth day of October 1990.
IN WITNESS WHEREOF the undersigned, being duly authorised by their
Governments, have signed this Protocol.
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