On 14 November 2009, in Auckland, the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean was concluded, in a single original. It is not the United Nations Convention on the Law of the Sea of 1982, not the 1995 Fish Stocks Agreement and not WCPFC. Article 36: open for signature at Wellington for twelve months from 1 February 2010, for the States and the regional economic integration organisation that participated in the International Consultations, and for any other State with jurisdiction over waters adjacent to the Convention Area. Article 39: the Depositary is the Government of New Zealand, which shall register the Convention with the United Nations under Article 102 of the Charter.

Article 1: “fishery resources” means all fish within the Convention Area, including molluscs and crustaceans, but not sedentary species under Article 77 of the 1982 Convention, not highly migratory species listed in Annex I of that Convention, not anadromous and catadromous species, and not marine mammals, marine reptiles and sea birds. Article 2: the objective is long-term conservation and sustainable use, through the precautionary approach and an ecosystem approach. Article 3: fishing shall be commensurate with sustainable use; overfishing and excess fishing capacity shall be prevented or eliminated; decisions shall be based on the best scientific and technical information available; the absence of adequate scientific information shall not be a reason for postponing measures.

Article 5: except as otherwise provided, the Convention applies to waters of the Pacific Ocean beyond areas of national jurisdiction, along a polygon running south from Western Australia, along 60° south, up 67°16′ west along Chile, Peru, Ecuador and Colombia, then around the outer limits of Pacific States and territories, New Zealand and Australia; plus waters bounded by 10° north, 20° south, 135° east and 150° west. Nothing in the Convention constitutes recognition of claims concerning the extent of waters. Article 4: high-seas measures and those adopted for areas under national jurisdiction shall be compatible for straddling fishery resources.

Article 6: the Contracting Parties establish the South Pacific Regional Fisheries Management Organisation: a Commission, a Scientific Committee, a Compliance and Technical Committee, Eastern and Western Sub-regional Management Committees (Annex I, meridian 120° west), a Finance and Administration Committee, and a Secretariat. Legal personality; the Secretariat shall be in New Zealand or at such other place as the Commission may decide. Article 8: the Commission adopts conservation and management measures, including for particular stocks, determines participation in fishing, develops data rules, monitoring procedures and measures against IUU fishing. Article 16: as a general rule, consensus; otherwise procedure by majority and substance by three-fourths. Article 17: a decision on substance becomes binding 90 days after notification; an objection within 60 days must be accompanied by equivalent alternative measures and goes to a Review Panel under Annex II.

Article 20: measures shall include, as appropriate, a total allowable catch or total allowable fishing effort, locations, periods, size limits and gear; for a straddling stock, a TAC throughout its range requires the express consent of the coastal State Contracting Party concerned. Emergency measures, including intersessionally, are not open to the objection procedure in Article 17. Annex III: in relation to Chilean jack mackerel Trachurus murphyi, the Commission shall, as appropriate, give primary consideration to establishing a TAC. Articles 25–28: flag State and port State duties, monitoring, compliance and enforcement, and an observer programme. Article 19: the special requirements of developing States in the region, in particular small island developing States, and a fund to facilitate their participation.

Article 38: the Convention enters into force 30 days after the Depositary receives the eighth instrument, which shall include at least three coastal States adjacent to the Convention Area (representation from both east and west of meridian 120° west) and at least three States that are not such coastal States and whose vessels are fishing or have fished in the Area. SPRFMO: 24 August 2012. Article 43: no reservations or exceptions. Article 42: automatic termination if withdrawals drop the number of Contracting Parties below four. Annex IV: after entry into force, a fishing entity may deliver a written commitment to abide by the Convention. It is not the first Commission meeting of January 2013, and it is not CCAMLR.

Image: Auckland from the Viaduct Basin, place of conclusion; Bernard Spragg, 11 June 2012; CC0, Wikimedia Commons. Cropped to 16:9.

Source consulted: South Pacific Regional Fisheries Management Organisation. Treaty text: Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean, Auckland, 14 November 2009 (ATS 2012 No. 28).