Conservation and management of high seas fishery resources in the South Pacific Ocean

SUMMARY OF:

Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean

Decision 2011/189/EU on the signing, on behalf of the EU, of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean

Decision 2012/130/EU on the approval, on behalf of the EU, of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean

The EU’s deposit of its instrument of approval of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean

WHAT IS THE AIM OF THE CONVENTION AND THE DECISION?

The convention aims to ensure the long-term conservation and sustainable use of fishery resources, while safeguarding the marine ecosystems in which these resources exist. It applies to the South Pacific Ocean beyond areas of national jurisdiction, in accordance with international law. The convention covers all fishery resources excluding:
- sedentary species (at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil),
- highly migratory species,
- anadromous species (fish which live in the sea and migrate to fresh water to breed),
- catadromous species (fish which spend most of their lives in fresh water, then migrate to the sea to breed), and
- marine mammals, marine reptiles and seabirds.
The decision approves the convention on behalf of the European Union (EU).
To conclude the convention, the EU deposited its instrument of approval on 18 October 2011 with the government of New Zealand as the depositary for the convention.

KEY POINTS

Parties to the convention must apply the following principles, adopting a precautionary and ecosystem approach.

Fishery resource conservation and management must be transparent, accountable and inclusive, taking into account best international practice.
Fishing must be sustainable, taking into account the impact on non-target and associated or dependent species and the obligation to protect and preserve the marine environment.
Overfishing and excess fishing capacity must be prevented or eliminated.
Full fishing data, including the impact on marine ecosystems, must be collected and shared.
Decisions must be based on the best scientific and technical information available and the advice of all relevant subsidiary bodies.
Cooperation and coordination among parties to the convention is promoted, to ensure that the conservation and management measures adopted by the Commission appointed under the convention are compatible with those applied in areas under national jurisdiction.
Marine ecosystems must be protected, particularly those which have long recovery times after being disturbed.
The interests of developing countries, territories and possessions — along with the needs of their coastal communities — must be recognised.
Compliance with conservation and management measures must be ensured, along with sanctions to discourage violations and prevent offenders from benefitting from their illegal activities.
Pollution and waste from fishing vessels, discards, catch by lost or abandoned gear and impacts on other species and marine ecosystems must be minimised.

In applying the precautionary approach, the parties must:

be more cautious when information is uncertain, unreliable or inadequate;
not use the absence of adequate scientific information as a reason for failing to take conservation and management action;
take into account best international practice.

The ecosystem approach is an integrated approach where decisions are made to safeguard the wider marine ecosystems and ensure long-term conservation and the sustainable use of resources.

Organisation

The convention sets up the South Pacific Regional Fisheries Management Organisation (SPRFMO). The SPRFMO consists of the following bodies, as well as any subsidiary body that the Commission may establish under the convention.

Commission
Scientific Committee
Compliance and Technical Committee
Eastern Subregional Management Committee
Western Subregional Management Committee
Finance and Administration Committee
Secretariat.

Each contracting party to the convention is a member of the Commission and appoints one representative to the Commission and to the committees. This representative may be accompanied by alternate representatives, experts and advisers. Each member of the Commission, including the EU, must:

implement the convention and any measures adopted by the Commission, and ensure their effectiveness;
cooperate in furthering the convention’s objective;
act to prevent, deter and eliminate illegal fishing;
collect, report and exchange scientific, technical and statistical data pertaining to fishery resources and marine ecosystems;
ensure that fishing vessels flying its flag:
- comply with the convention and the conservation and management measures adopted by the Commission,
- do not conduct unauthorised fishing within waters covered by the convention,
- operate equipment complying with vessel monitoring system standards,
- land or tranship fish caught within the convention area in accordance with standards and procedure;
maintain a register of authorised fishing vessels entitled to fly its flag;
immediately investigate and report fully on actions taken in response to any alleged violation and ensure appropriate penalties.

Conservation and management

The Commission is responsible for determining the:

nature and extent of fishing for any fishery resource, including a total allowable catch or total allowable fishing effort;
areas where fishing may occur;
periods when fishing may occur;
size limits of a catch which may be retained;
permitted types of gear, technology or practices.

The Commission can apply emergency measures, where fishing presents a serious threat to the sustainability of fishery resources or the marine ecosystem or when a natural phenomenon or human-caused disaster has, or is likely to have, a significant adverse impact on fishery resources.

New or exploratory fisheries can only be opened to fishing when the Commission has adopted cautious preliminary conservation and management measures.

The Commission must put in place appropriate cooperative procedures for monitoring, control and surveillance of fishing, in order to ensure compliance with the convention.

The Commission must also establish an Observer Programme to collect verified catch and effort data, other scientific data and additional information related to fishing activity and its impacts on the marine environment.

Parties to the convention

The members of the SPRFMO currently comprise Australia, Chile, China, the Cook Islands, Cuba, Ecuador, the EU, Denmark (for the Faroes), New Zealand, Peru, Russia, South Korea, Taiwan (Chinese Taipei), the United States and Vanuatu.

Annexes

The annexes to the convention define:

the areas of the South Pacific Ocean covered by the Eastern and Western Subregional Management Committees respectively;
additional rules on determining total allowable catch or total allowable fishing effort in specific circumstances;
the composition and tasks of the Review Committee that deals with any objections raised by members to Commission decisions;
the circumstances under which fishing entities may express commitment to abide by the terms of the convention.

DATE OF ENTRY INTO FORCE

The convention text was agreed in November 2009 and was open for signature from 1 February 2010 to 31 January 2011. The EU signed the convention text on 26 July 2010 and approved it on 3 October 2011.

The convention entered into force on 24 August 2012 and remains open for accession.

BACKGROUND

MAIN DOCUMENTS

Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (OJ L 67, 6.3.2012, pp. 3–28).

Council Decision 2011/189/EU of 24 June 2010 on the signing, on behalf of the European Union, of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (OJ L 81, 29.3.2011, pp. 1–2).

Council Decision 2012/130/EU of 3 October 2011 on the approval, on behalf of the European Union, of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (OJ L 67, 6.3.2012, pp. 1–2).

Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean — The European Union’s deposit of its instrument of approval (OJ L 255, 21.9.2012, p. 2).