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CONVENTION ON THE CONSERVATION AND MANAGEMENT
OF HIGHLY
MIGRATORY FISH STOCKS IN THE WESTERN AND
CENTRAL PACIFIC OCEAN
(continued)
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Part I
General Provisions
Article 1
Use of terms
For the purposes of this Convention:
(a) "1982 Convention" means the United Nations Convention on the
Law of the Sea of 10 December 1982;
(b) "Agreement" means the Agreement for the Implementation of the
Provisions of the United Nations Convention on the Law of the Sea of 10
December 1982 relating to the Conservation and Management of Straddling Fish
Stocks and Highly Migratory Fish Stocks;
(c) "Commission" means the Commission for the Conservation and
Management of Highly Migratory Fish Stocks in the Western and Central Pacific
Ocean established in accordance with this Convention;
(d) "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 for any
purpose;
(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 subparagraphs (i) to (iv), including
transhipment;
(vi) use of any other vessel, vehicle, aircraft or hovercraft, for any
activity described in subparagraphs (i) to (v) except for emergencies
involving the health and safety of the crew or the safety of a vessel;
(e) "fishing vessel" means any vessel used or intended for use
for the purpose of fishing, including support ships, carrier vessels and any
other vessel directly involved in such fishing operations;
(f) "highly migratory fish stocks" means all fish stocks of the
species listed in Annex 1 of the 1982 Convention occurring in the Convention
Area, and such other species of fish as the Commission may determine;
(g) "regional economic integration organization" means a regional
economic integration organization to which its member States have transferred
competence over matters covered by this Convention, including the authority to
make decisions binding on its member States in respect of those matters;
(h) "transhipment" means the unloading of all or any of the fish
on board a fishing vessel to another fishing vessel either at sea or in port.
Article 2
Objective
The objective of this Convention is to ensure, through effective management,
the long-term conservation and sustainable use of highly migratory fish stocks
in the western and central Pacific Ocean in accordance with the 1982 Convention
and the Agreement.
Article 3
Area of application
1. Subject to article 4, the area of competence of the Commission
(hereinafter referred to as "the Convention Area") comprises all
waters of the Pacific Ocean bounded to the south and to the east by the
following line:
From the south coast of Australia due south along the 141°
meridian of east longitude to its intersection with the 55°
parallel of south latitude; thence due east along the 55°
parallel of south latitude to its intersection with the 150°
meridian of east longitude; thence due south along the 150°
meridian of east longitude to its intersection with the 60°
parallel of south latitude; thence due east along the 60°
parallel of south latitude to its intersection with the 130°
meridian of west longitude; thence due north along the 130°
meridian of west longitude to its intersection with the 4°
parallel of south latitude; thence due west along the 4°
parallel of south latitude to its intersection with the 150°
meridian of west longitude; thence due north along the 150°
meridian of west longitude.
2. Nothing in this Convention shall constitute recognition of the claims or
positions of any of the members of the Commission concerning the legal status
and extent of waters and zones claimed by any such members.
3. This Convention applies to all stocks of highly migratory fish within the
Convention Area except sauries. Conservation and management measures under this
Convention shall be applied throughout the range of the stocks, or to specific
areas within the Convention Area, as determined by the Commission.
Article 4
Relationship between this Convention
and the 1982 Convention
Nothing in this Convention shall prejudice the rights, jurisdiction and
duties of States under the 1982 Convention and the Agreement. This Convention
shall be interpreted and applied in the context of and in a manner consistent
with the 1982 Convention and the Agreement.
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