Nauru Agreement Concerning Cooperation in the Management of Fisheries of Common Interest (1982)
The Federated States of Micronesia, the Republic of Kiribati, the Marshall Islands, the Republic of Nauru, the Republic of Palau, Papua New Guinea and Solomon Islands,
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 cooperation and coordination 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 utilization of the living resources occurring within the Fisheries Zones and, in particular, the common stocks of the fish therein;
Recognizing that only by cooperation in the management of the Fisheries Zones may their people be assured of receiving the maximum benefits from such resources;
Desirous of establishing, without prejudice to the sovereign rights of each Party, arrangements by which this may be achieved.
Have agreed as follows:
The Parties shall seek, without any derogation of their respective sovereign rights, to coordinate and harmonize the management of fisheries with regard to common stocks within the Fisheries Zones, for the benefit of their people.
The Parties shall seek to establish a coordinated approach to the fishing of the common stocks in the Fisheries Zones by foreign fishing vessels, and in particular:
i) The requirement that each foreign fishing vessel apply for and posses 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 act fishing vessels within the Fisheries Zones.
v) Standardized identification of foreign fishing vessels.
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 organizations 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.
v) Such other terms and conditions as the Parties may, from time to time, consider necessary.
The Parties shall seek to standardize their respective licensing procedures and in particular:
The Parties shall seek the assistance of the South Pacific Forum Fisheries Agency in establishing procedures and administrative arrangements for the exchange and analysis of:
The Parties shall, where appropriate, cooperate and coordinate the monitoring and surveillance of foreign fishing activities by:
The Parties shall seek to develop cooperative and coordinated procedures to facilitate the enforcement of their fisheries laws and shall in particular examine the various means by which a regime of reciprocal enforcement may be established.
Nothing contained in this Agreement shall be construed as a derogation of any of the rights and obligations undertaken by any of the Parties under the South Pacific Forum Fisheries Agency Convention or any other international agreement in effect on the date on which this Agreement enters into force.
The parties shall conclude arrangements where necessary to facilitate the implementation of the terms and to attain the objectives of this Agreement. The Parties concluding such arrangements shall lodge copies with the depositary of this Agreement.
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.
For the Government of the Federated States of Micronesia
For the Government of the Republic of Kiribati
For the Government of the Marshall Islands
For the Government of the Republic of Nauru
For the Government of the Republic of Palau
For the Government of Papua New Guinea
For the Government of Solomon Islands