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THE MARINE MAMMAL COMMISSION COMPENDIUM

MULTILATERAL / FISHERIES
Volume(s) 1-3; pages 1355-1356


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Protocol I to the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific Ocean, Noumea, 1990


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Done at Noumea 20 October 1990


Entered into force for the United States 28 February 1992*( This Protocol shall enter into force for each State on the date of deposit of its instrument of ratification. )*


Primary source citation: Senate Treaty Document 102-7, 102d Congress, 1st Session, U.S. Government Printing Office, Washington, 1991 PROTOCOL 1


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The Parties to this Protocol,

NOTING the provisions of the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific (‘the Convention’) HAVE AGREED as follows:

Article 1 APPLICATION OF THE CONVENTION

Nothing in this Protocol shall affect or prejudice the views or positions of any Party with respect to the law of the sea.

Article 2 MEASURES REGARDING NATIONALS AND VESSELS

Each Party undertakes to prohibit its nationals and fishing vessels documented under its laws from using driftnets within the Convention Area.

Article 3 TRANSMISSION OF INFORMATION

Each Party shall expeditiously convey to the FFA:

(a) information on the measures adopted by it pursuant to the implementation of this Protocol; and

(b) information on, and scientific analyses on the effects of, driftnet fishing activities relevant to the Convention Area.

Article 4 CONSERVATION AND MANAGEMENT MEASURES

Parties to this Protocol shall cooperate with Parties to the Convention in the development of conservation and management measures for South Pacific albacore tuna within the Convention Area.

Article 5 ENFORCEMENT

Each Party shall take appropriate measures to ensure the application of the provisions of this Protocol.

Article 6 WITHDRAWAL

At any time after three years from the date on which this Protocol has entered into force for a Party, that Party may withdraw from the Protocol by giving written notice to the Depositary. The Depositary shall immediately inform all Parties to the Convention or its Protocols of receipt of a withdrawal notice. Withdrawal shall take effect one year after receipt of such notice by the Depositary.

Article 7 FINAL CLAUSES

(1) This Protocol shall be open for signature by any State whose nationals or fishing vessels documented under its laws fish within the Convention Area or by any other State invited to sign by the Parties to the Convention.

(2) This Protocol shall be subject to ratification. Instruments of ratification shall be deposited with the Government of New Zealand, which shall be the Depositary.

(3) This Protocol shall enter into force for each State on the date of deposit of its instrument of ratification with the Depositary.

(4) This Protocol shall not be subject to reservations.

DONE at Noumea this twentieth day of October 1990. IN WITNESS WHEREOF the undersigned, being duly authorised by their Governments, have signed this Protocol.