Done at Honiara, 9 July 1992

Entered into force 20 May 1993

THE PARTIES TO THIS TREATY:

GIVEN that in accordance with international law as expressed in

the United Nations Convention on the Law of the Sea, coastal

States have sovereign rights for the purposes of exploring and

exploiting, conserving and managing the fisheries resources of

their exclusive economic zones and fisheries zones;

TAKING INTO ACCOUNT Article 73 of the United Nations Convention

on the Law of the Sea;

NOTING that the Parties to the South Pacific Forum Fisheries

Agency Convention, 1979 have agreed under Article 5 of that

Convention that the Forum Fisheries Committee shall promote

intra-regional coordination and cooperation in fisheries

surveillance and law enforcement;

CONSIDERING the vast areas of ocean covered by the exclusive

economic zones and fisheries zones of coastal States in the

South Pacific region and the vital economic significance of such

zones to the economic development of South Pacific coastal

States;

WISHING THEREFORE to enhance their ability to enforce

effectively their fisheries laws, and deter breaches of such

laws;

HAVE AGREED AS FOLLOWS:

Definitions

In this Treaty:

(a) "fishing" means:

(i) searching for, catching, taking or harvesting fish;

(ii) attempting to search for, catch, take or harvest fish;

(iii) engaging in any other activity which can reasonably be

expected to result in the locating, catching, taking or

harvesting of fish;

(iv) placing, searching for or recovering fish aggregating

devices or associated electronic equipment such as radio

beacons;

(v) any operations at sea directly in support of, or in

preparation for any activity described in this paragraph;

(vi) use of any craft, air or sea borne, for any activity

described in this paragraph except for emergencies involving the

health and safety of the crew or the safety of a vessel;

(vii) the processing, carrying or transhipping of fish that have

been taken.

(b) "fishing vessel" means any boat, ship or other craft which

is used for, equipped to be used for, or of a type normally used

for fishing;

(c) "foreign fishing agreement" means an agreement or

arrangement authorizing or permitting foreign fishing vessels to

fish in the exclusive economic zone or fisheries zone of any

Party;

(d) "foreign fishing vessel" in relation to a Party means a

fishing vessel which is not part of the domestic fleet of that

Party;

(e) "South Pacific Forum Fisheries Agency" means the Agency of

that name established by the South Pacific Forum Fisheries

Agency Convention, 1979; and

(f) "Subsidiary Agreement" means an agreement or an arrangement

entered into by any two or more Parties in accordance with this

Treaty.

Relationship with other treaties

1. Rights and obligations under this Treaty shall apply as

between the Parties in addition to any right or obligation

concerning a similar matter applicable to a Party under any

other Treaty.

2. A Subsidiary Agreement may expand upon rights and obligations

under this Treaty in their application between the Parties to

the Subsidiary Agreement.

General cooperation

1. The Parties shall cooperate in the enforcement of their

fisheries laws and regulations in accordance with this Treaty

and may agree on forms of assistance for that purpose.

2. The Parties shall cooperate to develop regionally agreed

procedures for the conduct of fisheries surveillance and law

enforcement. Where appropriate, fisheries surveillance and law

enforcement will be conducted in accordance with such regionally

agreed procedures.

Cooperation in the implementation of harmonized minimum terms

and conditions of fisheries access

1. The Parties shall cooperate in the implementation of

harmonized minimum terms and conditions of fisheries access as

may be agreed upon from time to time.

2. The Parties shall ensure that no foreign fishing vessel shall

be licensed for fishing unless the vessel has good standing on

the Regional Register of Foreign Fishing Vessels maintained by

the South Pacific Forum Fisheries Agency.

3. The Parties shall ensure that foreign fishing vessels

licensed to fish under foreign fishing agreements are, as a

minimum, required to provide reports in accordance with the

standard forms of reporting as set out in the harmonized minimum

terms and conditions of fisheries access from time to time.

4. The Parties shall ensure that fishing vessels licensed to

fish under foreign fishing agreements are required to be readily

identifiable from the sea and the air by way of distinctive

markings.

5. The Parties shall, as far as possible, ensure that foreign

fishing agreements with flag States require the flag State to

take responsibility for the compliance by its flag vessels with

the terms of any such agreement and applicable laws.

6. The Parties shall, as far as possible, ensure that foreign

fishing arrangements with foreign parties, including Fishing

Associations, require the foreign party to take responsibility

for the compliance by its vessels with the terms of any such

arrangement and applicable laws.

Exchange of information

1. Each Party shall, to the extent permitted by its national

laws and regulations, provide to the South Pacific Forum

Fisheries Agency, or to any other Party directly, information

relevant to the purposes of this Treaty, including but not

limited to information about:

(a) the location and movement of foreign fishing vessels;

(b) foreign fishing vessel licensing; and

(c) fisheries surveillance and law enforcement activities.

2. The Parties shall develop standard forms and procedures for

reporting information provided under paragraph 1 of this Article

and effective methods for communicating such information.

Cooperation in fisheries surveillance and law enforcement

1. A Party may, by way of provisions in a Subsidiary Agreement

or otherwise, permit another Party to extend its fisheries

surveillance and law enforcement activities to the territorial

sea and archipelagic waters of that Party. In such

circumstances, the conditions and method of stopping,

inspecting, detaining, directing to port and seizing vessels

shall be governed by the national laws and regulations

applicable in the State in whose territorial sea or archipelagic

waters the fisheries surveillance or law enforcement activity

was carried out.

2. Vessels seized by another Party pursuant to an agreement

under paragraph 1 of this Article in the territorial sea or

archipelagic waters of a Party shall, together with the persons

on board, be handed over as soon as possible to the authorities

of that Party.

3. Any two or more Parties may enter into a Subsidiary Agreement

under which they would cooperate in the provision of personnel

and the use of vessels, aircraft or other items of equipment for

fisheries surveillance and law enforcement purposes. Vessels and

aircraft shall be identified as set out in Annex 1.

4. Any Party wishing to authorize its officers to perform

fisheries surveillance and law enforcement functions on its

behalf while on board a vessel or aircraft of another Party

shall by instrument in writing designate the officers

accordingly and such officers shall be identified as set out in

Annex 2.

5. Any Party wishing to authorize the officers of another Party

to perform fisheries surveillance and law enforcement functions

on its behalf while on board a vessel of that other Party shall

by instrument in writing designate such officers accordingly.

Officers carrying out enforcement functions shall be identified

by a card in the form set out in Annex 2 with such variations as

may be agreed to in a Subsidiary Agreement or otherwise.

Cooperation in prosecutions

1. The Parties may, by way of provisions in a Subsidiary

Agreement or otherwise, agree on procedures for the extradition

to a Party of persons charged with offences against the

fisheries laws of that Party.

2. A Party may request another Party which is holding a person

or any equipment (including a vessel) in custody for an offence

against the laws of the holding Party to assist the requesting

Party to enforce its fisheries laws in respect of that person or

equipment. The holding Party shall provide such assistance upon

completion of its legal processes and to the extent permitted by

its national laws and regulations. Such assistance shall be

provided on conditions as to cost recovery or other matters as

the Parties agree in each case.

3. The Parties may agree on procedures whereby persons permitted

to appear as advocates or expert witnesses in the courts of one

Party are, for the purposes of judicial proceedings involving

offences against fisheries laws, entitled to perform the same or

substantially similar functions in the courts of another Party.

4. Where there are waters over which more than one Party claims

to have jurisdiction for the purposes of the application of

fisheries laws, the Parties concerned shall for the purposes of

the application of this Agreement seek to adopt the provisional

lines used for the distribution of revenue received under the

Treaty on Fisheries between the Governments of Certain Pacific

Island States and the Government of the United States of America

done at Port Moresby on 2 April 1987.

Cooperation in enforcement of penalties

Should two or more Parties wish to provide that a penalty

imposed by one Party under its fisheries laws be enforced by

another Party, they may, by way of provisions in a Subsidiary

Agreement or otherwise, agree on procedures for that purpose

consistent with their national laws.

Consultations

The Director of the South Pacific Forum Fisheries Agency, at the

request of any three or more Parties, shall convene a meeting to

discuss any matter arising out of the application of this

Treaty. The meeting shall be held at such time and place as the

Parties may agree, but shall be held not more than 90 days after

the request is notified to the Director.

Notification

1. Each Party shall notify the Director of the South Pacific

Forum Fisheries Agency of the current postal, cable, telex and

facsimile addresses which it wishes to be used for the receipt

of notices given pursuant to this Treaty, and of any changes to

a notified address. The Director of the South Pacific Forum

Fisheries Agency shall inform all Parties of the notified

addresses.

2. Any notice given under this Treaty shall be in writing and

may be served by hand, post, cable, telex or facsimile to the

notified address.

Depositary

The depositary for this Treaty shall be the Government of Niue.

Amendments

1. Any Party may propose to the depositary an amendment to this

Treaty, which shall be considered by the Parties at a meeting

arranged in accordance with Article IX.

2. The text of any amendments shall be adopted by unanimous

decision of the Parties to the Treaty.

3. Any amendment to this Treaty which is adopted by the Parties

shall enter into force upon the receipt by the depositary of the

instruments of ratification, acceptance or approval by all of

the Parties, or on such later date as may be specified in the

amendment.

4. The depositary shall notify all of the Parties of the entry

into force of an amendment.

Final clauses

1. This Treaty shall be open for signature by:

(a) any member of the South Pacific Forum Fisheries Agency;

(b) any Territory of a Member of the South Pacific Forum

Fisheries Agency which has been authorized to sign the Treaty

and to assume rights and obligations under it by the Government

of the State which is internationally responsible for it.

2. This Treaty is subject to ratification by members of the

South Pacific Forum Fisheries Agency and the Territories

referred to in paragraph 1 of this Article. The instruments of

ratification shall be deposited with the depositary.

3. This Treaty shall enter into force on the date of deposit of

the fourth instrument of ratification.

4. This Treaty shall remain open for accession by the members of

the South Pacific Forum Fisheries Agency and the Territories

referred to in paragraph 1 of this Article. The instruments of

accession shall be deposited with the depositary.

5. If all of the Parties agree, a State which is not a Party to

the South Pacific Forum Fisheries Agency Convention may accede

to this Treaty.

6. For any member of the South Pacific Forum Fisheries Agency or

a State or Territory which ratifies or accedes to the Treaty

after the date of deposit of the fourth instrument of

ratification, the Treaty shall enter into force on the date of

deposit of its instrument of ratification or accession.

Certification and registration

1. The original of the Treaty shall be deposited with the

depositary, which shall transmit certified copies to all States

and Territories eligible to become party to this Treaty.

2. The depositary shall register this Treaty in accordance with

Article 102 of the Charter of the United Nations.

IN WITNESS WHEREOF the undersigned, being duly authorized by

their respective Governments, have signed this Treaty.

OPENED FOR SIGNATURE at Honiara, Solomon Islands on the ninth

day of July, One thousand nine hundred and ninety two.

FISHERIES SURVEILLANCE AND LAW ENFORCEMENT FLAG AND MARKINGS

Regional Fisheries Surveillance and Law Enforcement Flag:

[graphic omitted]

The Regional Fisheries Surveillance and Law Enforcement Flag is

authorized for use by vessels during fisheries surveillance

patrols. It should be flown at the same times as the national or

ensign flag with the national or ensign flag superior.

Aircraft Markings:

Aircraft shall be clearly marked and identifiable in a manner

agreed between the Parties to subsidiary agreements.

IDENTIFICATION CARD