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

 

 

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.

 

Author: international

Mentioned in these Entries

Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific 2, Conventions: Chronological Index 1971-1990, Flora and Fauna – Biodiversity conventions, Marine and Coastal conventions.