THE MARINE MAMMAL COMMISSION COMPENDIUM
MULTILATERAL / FISHERIES
First Update; pages 315-318
Done at Nauru 11 February 1982
Entered into force 2 December 1982
Depositary: Solomon Islands
Primary source citation: Copy of text provided by the Ministry of Foreign Affairs of the Solomon Islands
NAURU AGREEMENT CONCERNING CO-OPERATION IN THE MANAGEMENT OF FISHERIES OF COMMON INTEREST
"TAKING into account the work of the Third United Nations Conference on the Law of the Sea;
"NOTING that in accordance with the relevant principles of international law each of the Parties has established an exclusive economic zone or fisheries zone (hereinafter respectively called "the Fisheries Zones") which may extend 200 nautical miles from the baselines from which their respective territorial seas are measured and within which they respectively and separately exercise sovereign rights for the purposes of exploring, exploiting, conserving and managing all living marine resources;
"HAVING REGARD to the objectives of the South Pacific Forum Fisheries Agency Convention and in particular the promotion of regional co-operation and co-ordination of fisheries policies and the need for the urgent implementation of these objectives through regional or sub-regional arrangements;
"CONSCIOUS of the exploitation of the common stocks of fish, both within the Fisheries Zones and in the waters adjacent thereto, by the distant water fishing nations;
"MINDFUL of their dependence, as developing island states, upon the rational development and optimum utilisation of the living resources occuring within the Fisheries Zones and in particular, the common stocks of the fish therein;
"RECOGNISING that only by co-operation in the management of the Fisheries Zones may their peoples be assured of receiving the maximum benefits from such resources; and
"DESIROUS of establishing, without prejudice to the sovereign rights of each Party, arrangements by which this may be achieved;
"HAVE AGREED AS FOLLOWS:
(a) shall establish principles for the granting of priority to applications by fishing vessels of the Parties to fish within the Fisheries Zones over other foreign fishing vessels;
(b) shall establish, as a minimum, uniform terms and conditions under which the Parties may licence foreign fishing vessels to fish within the Fisheries Zones regarding:
(i) the requirement that each foreign fishing vessel apply for and possess a licence or permit;
(ii) the placement of observers on foreign fishing vessels;
(iii) the requirement that a standardized form of log book be maintained on a day-to-day basis which shall be produced at the direction of the competent authorities;
(iv) the timely reporting to the competent authorities of required information concerning the entry, exit and other movement and activities of foreign fishing vessels within the Fisheries Zones; and
(v) standardized identification of foreign fishing vessels;
(c) seek to establish other uniform terms and conditions under which the Parties may licence foreign fishing vessels to fish within the Fisheries Zones, including:
(i) the payment of an access fee, which shall be calculated in accordance with principles established by the Parties;
(ii) the requirement to supply to the competent authorities complete catch and effort data for each voyage;
(iii) the requirement to supply to the competent authorities such additional information as the Parties may determine to be necessary;
(iv) the requirement that the flag State or organisations having authority over a foreign fishing vessel take such measures as are necessary to ensure compliance by such vessel with the relevant fisheries laws of the Parties; and
(v) such other terms and conditions as the Parties may from time to time consider necessary.
(a) seek to establish and adopt uniform measures and procedures relating to the licensing of foreign fishing vessels, including application formats, licensing formats and other relevant documents; and
(b) explore the possibility of establishing, without prejudice to the respective sovereign rights of the Parties, a centralised licensing system of foreign fishing vessels.
(a) statistical data concerning catch and effort by fishing vessels in the Fisheries Zones relating to the common stocks of fish; and
(b) information relating to vessel specifications and fleet composition.
2. An annual meeting of the Parties shall be convened preceding or following the regular session of the Forum Fisheries Committee in order to promote the implementation of this Agreement. Additional meetings may be convened at the request of three or more Parties. Such requests shall be communicated to the Director of the Forum Fisheries Agency who will inform the other Parties.
3. With the concurrence of the Parties, members of the South Pacific Forum Fisheries Agency, not Parties to this Agreement, may attend, as observers, the meetings referred to in this Article.
(a) arranging for the rapid exchange of information collected through national surveillance activities;
(b) exploring the feasibility of joint surveillance; and
(c) developing other appropriate measures.
2. This Agreement shall enter into force thirty days following receipt by the depositary of the fifth instrument of ratification. Thereafter it shall enter into force for any signing or acceding State thirty days after receipt by the depositary of an instrument of ratification or accession.
3. This Agreement shall be deposited with the Government of Solomon Islands which shall be responsible for its registration with the United Nations.
4. Following entry into force, this Agreement shall be open for accession by other States with the concurrence of all of the Parties to this Agreement.
5. Reservations to this Agreement shall not be permitted.
2. Any Party may withdraw from this Agreement by giving written notice to the depositary. Withdrawal shall take effect one year after receipt of such notice.
3. Any amendments to this Agreement proposed by a Party shall only be adopted by unanimous decision of the Parties.
"IN WITNESS WHEREOF the undersigned, duly authorised by their respective Governments, have signed the Agreement.
"DONE at Nauru this 11th day of February One Thousand Nine Hundred and Eighty Two.
[Signature] For the Government of the Federated States of Micronesia
[Signature] For the Government of the Republic of Kiribati
[Signature] For the Government of the Marshall Islands
[Signature] For the Government of the Republic of Nauru
[Signature] For the Government of the Republic of Palau
[Signature] For the Government of Papua New Guinea
[Signature] For the Government of Solomon Islands