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Convention for the Conservation of Southern Bluefin Tuna

Done at Canberra, 10 May 1993

Entered into force for Australia 20 May 1994

THE PARTIES TO THIS CONVENTION:

CONSIDERING their mutual interest in southern bluefin tuna;

RECALLING that Australia, Japan and New Zealand have already
taken certain measures for the conservation and management of
southern bluefin tuna;

PAYING DUE REGARD to the rights and obligations of the Parties
under relevant principles of international law;

NOTING the adoption of the United Nations Convention on the Law
of the Sea in 1982;

NOTING that States have established exclusive economic or
fishery zones within which they exercise, in accordance with
international law, sovereign rights or jurisdiction for the
purpose of exploring and exploiting, conserving and managing the
living resources;

RECOGNISING that southern bluefin tuna is a highly migratory
species which migrates through such zones;

NOTING that the coastal States through whose exclusive economic
or fishery zones southern bluefin tuna migrates exercise
sovereign rights within such zones for the purpose of exploring
and exploiting, conserving and managing the living resources
including southern bluefin tuna;

ACKNOWLEDGING the importance of scientific research for the
conservation and management of southern bluefin tuna and the
importance of collecting scientific information relating to
southern bluefin tuna and ecologically related species;

RECOGNISING that it is essential that they cooperate to ensure
the conservation and optimum utilisation of southern bluefin
tuna;

HAVE AGREED as follows:

Article 1

This Convention shall apply to southern bluefin tuna (Thunnus
maccoyii).

Article 2

For the purposes of this Convention:

(a) "ecologically related species" means living marine species
which are associated with southern bluefin tuna, including but
not restricted to both predators and prey of southern bluefin
tuna;

(b) "fishing" means:

(i) the catching, taking or harvesting of fish, or any other
activity which can reasonably be expected to result in the
catching, taking or harvesting of fish; or

(ii) any operation at sea in preparation for or in direct
support of any activity described in sub-paragraph (i) above.

Article 3

The objective of this Convention is to ensure, through
appropriate management, the conservation and optimum utilisation
of southern bluefin tuna.

Article 4

Nothing in this Convention nor any measures adopted pursuant to
it shall be deemed to prejudice the positions or views of any
Party with respect to its rights and obligations under treaties
and other international agreements to which it is party or its
positions or views with respect to the law of the sea.

Article 5

1. Each Party shall take all action necessary to ensure the
enforcement of this Convention and compliance with measures
which become binding under paragraph 7 of Article 8.

2. The Parties shall expeditiously provide to the Commission for
the Conservation of Southern Bluefin Tuna scientific
information, fishing catch and effort statistics and other data
relevant to the conservation of southern bluefin tuna and, as
appropriate, ecologically related species.

3. The Parties shall cooperate in collection and direct
exchange, when appropriate, of fisheries data, biological
samples and other information relevant for scientific research
on southern bluefin tuna and ecologically related species.

4. The Parties shall cooperate in the exchange of information
regarding any fishing for southern bluefin tuna by nationals,
residents and vessels of any State or entity not party to this
Convention.

Article 6

1. The Parties hereby establish and agree to maintain the
Commission for the Conservation of Southern Bluefin Tuna
(hereinafter referred to as "the Commission").

2. Each Party shall be represented on the Commission by not more
than three delegates who may be accompanied by experts and
advisers.

3. The Commission shall hold an annual meeting before 1 August
each year or at such other time as it may determine.

4. At each annual meeting the Commission shall elect from among
the delegates a Chair and a Vice-Chair. The Chair and the
Vice-Chair shall be elected from different Parties and shall
remain in office until the election of their successors at the
next annual meeting. A delegate, when acting as Chair, shall not
vote.

5. Special meetings of the Commission shall be convened by the
Chair at the request of a Party supported by at least two other
Parties.

6. A special meeting may consider any matter of relevance to
this Convention.

7. Two-thirds of the Parties shall constitute a quorum.

8. The rules of procedure of the Commission and other internal
administrative regulations as may be necessary to carry out its
functions shall be decided upon at the first meeting of the
Commission and may be amended by the Commission as occasion may
require.

9. The Commission shall have legal personality and shall enjoy
in its relations with other international organisations and in
the territories of the Parties such legal capacity as may be
necessary to perform its functions and achieve its ends. The
immunities and privileges which the Commission and its officers
shall enjoy in the territory of a Party shall be subject to
agreement between the Commission and the Party concerned.

10. The Commission shall determine the location of its
headquarters at such time as a Secretariat is established
pursuant to paragraph 1 of Article 10.

11. The official languages of the Commission shall be Japanese
and English. Proposals and data may be submitted to the
Commission in either language.

Article 7

Each Party shall have one vote in the Commission. Decisions of
the Commission shall be taken by a unanimous vote of the Parties
present at the Commission meeting.

Article 8

1. The Commission shall collect and accumulate information
described below:

(a) scientific information, statistical data and other
information relating to southern bluefin tuna and ecologically
related species;

(b) information relating to laws, regulations and administrative
measures on southern bluefin tuna fisheries;

(c) any other information relating to southern bluefin tuna.

2. The Commission shall consider matters described below:

(a) interpretation or implementation of this Convention and
measures adopted pursuant to it;

(b) regulatory measures for conservation, management and optimum
utilisation of southern bluefin tuna;

(c) matters which shall be reported by the Scientific Committee
prescribed in Article 9;

(d) matters which may be entrusted to the Scientific Committee
prescribed in Article 9;

(e) matters which may be entrusted to the Secretariat prescribed
in Article 10;

(f) other activities necessary to carry out the provisions of
this Convention.

3. For the conservation, management and optimum utilisation of
southern bluefin tuna:

(a) the Commission shall decide upon a total allowable catch and
its allocation among the Parties unless the Commission decides
upon other appropriate measures on the basis of the report and
recommendations of the Scientific Committee referred to in
paragraph 2(c) and (d) of Article 9; and

(b) the Commission may, if necessary, decide upon other
additional measures.

4. In deciding upon allocations among the Parties under
paragraph 3 above the Commission shall consider:

(a) relevant scientific evidence;

(b) the need for orderly and sustainable development of southern
bluefin tuna fisheries;

(c) the interests of Parties through whose exclusive economic or
fishery zones southern bluefin tuna migrates;

(d) the interests of Parties whose vessels engage in fishing for
southern bluefin tuna including those which have historically
engaged in such fishing and those which have southern bluefin
tuna fisheries under development;

(e) the contribution of each Party to conservation and
enhancement of, and scientific research on, southern bluefin
tuna;

(f) any other factors which the Commission deems appropriate.

5. The Commission may decide upon recommendations to the Parties
in order to further the attainment of the objective of this
Convention.

6. In deciding upon measures under paragraph 3 above and
recommendations under paragraph 5 above, the Commission shall
take full account of the report and recommendations of the
Scientific Committee under paragraph 2(c) and (d) of Article 9.

7. All measures decided upon under paragraph 3 above shall be
binding on the Parties.

8. The Commission shall notify all Parties promptly of measures
and recommendations decided upon by the Commission.

9. The Commission shall develop, at the earliest possible time
and consistent with international law, systems to monitor all
fishing activities related to southern bluefin tuna in order to
enhance scientific knowledge necessary for conservation and
management of southern bluefin tuna and in order to achieve
effective implementation of this Convention and measures adopted
pursuant to it.

10. The Commission may establish such subsidiary bodies as it
considers desirable for the exercise of its duties and
functions.

Article 9

1. The Parties hereby establish the Scientific Committee as an
advisory body to the Commission.

2. The Scientific Committee shall:

(a) assess and analyse the status and trends of the population
of southern bluefin tuna;

(b) coordinate research and studies of southern bluefin tuna;

(c) report to the Commission its findings or conclusions,
including consensus, majority and minority views, on the status
of the southern bluefin tuna stock and, where appropriate, of
ecologically related species;

(d) make recommendations, as appropriate, to the Commission by
consensus on matters concerning the conservation, management and
optimum utilisation of southern bluefin tuna;

(e) consider any matter referred to it by the Commission.

3. A meeting of the Scientific Committee shall be held prior to
the annual meeting of the Commission. A special meeting of the
Scientific Committee shall be called at any time at the request
of a Party provided that such request is supported by at least
two other Parties.

4. The Scientific Committee shall adopt and amend as necessary
its rules of procedure. The rules and any amendments thereto
shall be approved by the Commission.

5. (a) Each Party shall be a member of the Scientific Committee
and shall appoint to the Committee a representative with
suitable scientific qualifications who may be accompanied by
alternates, experts and advisers.

(b) The Scientific Committee shall elect a Chair and a
Vice-Chair. The Chair and the Vice-Chair shall be elected from
different Parties.

Article 10

1. The Commission may establish a Secretariat consisting of an
Executive Secretary to be appointed by the Commission and
appropriate staff on conditions as may be determined by the
Commission. The staff shall be appointed by the Executive
Secretary.

2. Until such time as a Secretariat is established, the Chair of
the Commission shall nominate from within his or her Government
an official to act as Secretary to the Commission to perform the
secretariat functions set out in paragraph 3 below for a term of
one year. At each annual meeting of the Commission, the Chair
shall advise the Parties of the name and address of the
Secretary.

3. The Secretariat functions shall be prescribed by the
Commission, and shall include the following:

(a) receiving and transmitting the Commission's official
communications;

(b) facilitating the collection of data necessary to accomplish
the objective of this Convention;

(c) preparing administrative and other reports for the
Commission and the Scientific Committee.

Article 11

1. The Commission shall decide upon an annual budget.

2. The contributions to the annual budget from each Party shall
be calculated on the following basis:

(a) 30% of the budget shall be divided equally among all the
Parties; and

(b) 70% of the budget shall be divided in proportion to the
nominal catches of southern bluefin tuna among all the Parties.

3. Notwithstanding the provisions of Article 7, any Party that
has not paid its contributions for two consecutive years shall
not enjoy the right to participate in the decision-making
process in the Commission until it has fulfilled its
obligations, unless the Commission decides otherwise.

4. The Commission shall decide upon, and amend as occasion may
require, financial regulations for the conduct of the Commission
and for the exercise of its functions.

5. Each Party shall meet its own expenses arising from
attendance at meetings of the Commission and of the Scientific
Committee.

Article 12

The Commission shall collaborate with other inter-governmental
organisations which have related objectives, inter alia, to
obtain the best available information including scientific
information to further the attainment of the objective of this
Convention and shall seek to avoid duplication with respect to
their work. The Commission may make arrangements with such
inter-governmental organisations to these ends.

Article 13

With a view to furthering the attainment of the objective of
this Convention, the Parties shall cooperate with each other to
encourage accession by any State to this Convention where the
Commission considers this to be desirable.

Article 14

1. The Commission may invite any State or entity not party to
this Convention, whose nationals, residents or fishing vessels
harvest southern bluefin tuna, and any coastal State through
whose exclusive economic or fishery zone southern bluefin tuna
migrates, to send observers to meetings of the Commission and of
the Scientific Committee.

2. The Commission may invite inter-governmental or, on request,
non-governmental organisations having special competence
concerning southern bluefin tuna to send observers to meetings
of the Commission.

Article 15

1. The Parties agree to invite the attention of any State or
entity not party to this Convention to any matter relating to
the fishing activities of its nationals, residents or vessels
which could affect the attainment of the objective of this
Convention.

2. Each Party shall encourage its nationals not to associate
with the southern bluefin tuna fishery of any State or entity
not party to this Convention, where such association could
affect adversely the attainment of the objective of this
Convention.

3. Each Party shall take appropriate measures aimed at
preventing vessels registered under its laws and regulations
from transferring their registration for the purpose of avoiding
compliance with the provisions of this Convention or measures
adopted pursuant to it.

4. The Parties shall cooperate in taking appropriate action,
consistent with international law and their respective domestic
laws, to deter fishing activities for southern bluefin tuna by
nationals, residents or vessels of any State or entity not party
to this Convention where such activity could affect adversely
the attainment of the objective of this Convention.

Article 16

1. If any dispute arises between two or more of the Parties
concerning the interpretation or implementation of this
Convention, those Parties shall consult among themselves with a
view to having the dispute resolved by negotiation, inquiry,
mediation, conciliation, arbitration, judicial settlement or
other peaceful means of their own choice.

2. Any dispute of this character not so resolved shall, with the
consent in each case of all parties to the dispute, be referred
for settlement to the International Court of Justice or to
arbitration; but failure to reach agreement on reference to the
International Court of Justice or to arbitration shall not
absolve parties to the dispute from the responsibility of
continuing to seek to resolve it by any of the various peaceful
means referred to in paragraph 1 above.

3. In cases where the dispute is referred to arbitration, the
arbitral tribunal shall be constituted as provided in the Annex
to this Convention. The Annex forms an integral part of this
Convention.

Article 17

1. This Convention shall be open for signature by Australia,
Japan and New Zealand.

2. This Convention is subject to ratification, acceptance or
approval by these three States in accordance with their
respective internal legal procedures, and will enter into force
on the date of deposit of the third instrument of ratification,
acceptance or approval.

Article 18

After the entry into force of this Convention, any other State,
whose vessels engage in fishing for southern bluefin tuna, or
any other coastal State through whose exclusive economic or
fishery zone southern bluefin tuna migrates, may accede to it.
This Convention shall become effective for any such other State
on the date of deposit of that State's instrument of accession.

Article 19

Reservations may not be made with respect to any of the
provisions of this Convention.

Article 20

Any Party may withdraw from this Convention twelve months after
the date on which it formally notifies the Depositary of its
intention to withdraw.

Article 21

1. Any Party may at any time propose an amendment to this
Convention.

2. If one-third of the Parties request a meeting to discuss a
proposed amendment the Depositary shall call such a meeting.

3. An amendment shall enter into force when the Depositary has
received instruments of ratification, acceptance or approval
thereof from all the Parties.

Article 22

1. The original of this Convention shall be deposited with the
Government of Australia, which shall be the Depositary. The
Depositary shall transmit certified copies thereof to all other
Signatories and acceding States.

2. This Convention shall be registered by the Depositary
pursuant to Article 102 of the Charter of the United Nations.

IN WITNESS WHEREOF the undersigned, being duly authorised
thereto, have signed this Convention.

DONE at Canberra on the tenth day of May 1993, in a single
original, in the English and Japanese languages, each text being
equally authentic.

ANNEX FOR AN ARBITRAL TRIBUNAL

1. The arbitral tribunal referred to in paragraph 3 of Article
16 shall be composed of three arbitrators who shall be appointed
as follows:

(a) The party commencing proceedings shall communicate the name
of an arbitrator to the other party which, in turn, within a
period of forty days following such notification, shall
communicate the name of the second arbitrator. The parties
shall, within a period of sixty days following the appointment
of the second arbitrator, appoint the third arbitrator, who
shall not be a national of either party and shall not be of the
same nationality as either of the first two arbitrators. The
third arbitrator shall preside over the tribunal.

(b) If the second arbitrator has not been appointed within the
prescribed period, or if the parties have not reached agreement
within the prescribed period on the appointment of the third
arbitrator, that arbitrator shall be appointed, at the request
of either party, by the Secretary-General of the Permanent Court
of Arbitration, from among persons of international standing not
having the nationality of a State which is a Party to this
Convention.

2. The arbitral tribunal shall decide where its headquarters
will be located and shall adopt its own rules of procedure.

3. The award of the arbitral tribunal shall be made by a
majority of its members, who may not abstain from voting.

4. Any Party which is not a party to the dispute may intervene
in the proceedings with the consent of the arbitral tribunal.

5. The award of the arbitral tribunal shall be final and binding
on all parties to the dispute and on any party which intervenes
in the proceedings and shall be complied with without delay. The
arbitral tribunal shall interpret the award at the request of
one of the parties to the dispute or of any intervening party.

6. Unless the arbitral tribunal determines otherwise because of
the particular circumstances of the case, the expenses of the
tribunal, including the remuneration of its members, shall be
borne by the parties to the dispute in equal shares.