Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific 2

Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific

 

 

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.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Charter of the United Nations, Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific.


Posted

in

, ,

by

Tags: