| Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific |
|
Link
to text of agreement
Status
of agreement
| Basic information |
| Date of adoption | 24 November 1989 |
| Place of adoption | Wellington, New Zealand |
| Entry into force | 17 May 1991 |
| Authentic text(s) | English, French |
| Summary of provisions |
Objectives
No specific objective is defined, but the primary purpose of the Convention is to establish a prohibition on driftnet fishing activities by parties in the Convention area. [Article 2]
Scope
- Material
All vessels engaged in driftnet fishing activities. [Article 1(c)]
- Geographic
The South Pacific: defined specifically as the area lying within 10 degrees North latitude and 50 degrees South latitude and 130 degrees East longitude and 120 degrees West longitude. [Article 1(a)]
Organizational mechanism
The Forum Fisheries Agency is allocated a number of tasks.
| Description of agreement |
The Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific was adopted in November 1989 as a result of concerns by a number of South Pacific island countries over the use of driftnets by distant-water fishing States in the region, in particular Japan, the Republic of Korea and Taiwan. The Convention built on previous initiatives (see, in particular, the Tarawa Declaration on Drift Net Fishing) with similar objectives and sought generally to establish a prohibition on driftnet fishing in the waters of the parties and to encourage the cessation of such activities on the high seas. The Convention entered into force in May 1991.
Objectives and scope
No specific objective is defined, but the primary purpose of the Convention is to establish a prohibition on driftnet fishing activities by parties in the Convention area. The Convention applies to all vessels engaged in driftnet fishing activities, defined widely as:
(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 described in this paragraph, including operations of placing, searching for or recovering fish aggregating 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.
Participation
The Convention is open to signature and ratification or accession by: any member of the Forum Fisheries Agency (FFA); any State in respect of any territory situated within the Convention Area for which it is internationally responsible; or 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.
Organizational structure
No specific organizational mechanism is established under the Convention, although the Forum Fisheries Agency is allocated a number of tasks. These include: 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.
Main provisions and functions
The Convention contains a number of general obligations, including undertakings by parties: to prohibit their nationals and vessels from engaging in driftnet fishing activities; not to assist or encourage the use of driftnets within the Convention area and to take measures to restrict driftnet fishing activities within the Convention area, including by prohibiting both their use and the transhipment of driftnet catches within their waters; and to consult with and seek agreements with any State 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. The Convention also provides that any party may take further measures 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 which was caught using a driftnet; restrict port access and port servicing facilities for driftnet fishing vessels; and prohibit the possession of driftnets on board any fishing vessel within areas under its fisheries jurisdiction.
The Convention provides for the possibility for it to be supplemented by Protocols or associated instruments to further its objectives, and in practice two such Protocols were adopted, concurrently with the Convention itself. Protocol 1, which is open to any State whose nationals or fishing vessels fish within the Convention Area (or by any other State invited to sign by the Convention parties), concerns certain additional obligations concerning cooperation with respect to the conservation and management of South Pacific albacore tuna and the transmission of information to the FFA. Protocol 2, which is open to any State whose waters are contiguous with or adjacent to the Convention Area (or by any other State invited to sign by the Convention parties), contains general undertakings not to encourage or assist, and to restrict, driftnet fishing and specific obligations on signatories, inter alia, to: prohibit the landing of driftnet catches within their territory; prohibit the processing of driftnet catches in facilities under their jurisdiction; prohibit the importation of any fish or fish product which was caught using a driftnet; and restrict port access and port servicing facilities for driftnet fishing vessels.
| Further information and references |
- Additional treaty references
1899 UNTS 3; 29 ILM 1454;
1992 ATS 30