COMMITTED to ensuring the
long term conservation and sustainable use of all living marine resources in
the RECOGNISING the urgent
and constant need for effective conservation and management of the fishery
resources in the high seas of the RECOGNISING THE RELEVANT
PROVISIONS of the United Nations Convention on the Law of the Sea of 10
December 1982; 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, 1995; and taking into account the FAO Agreement to
Promote Compliance with International Conservation and Management Measures by
Fishing Vessels on the High Seas,1993 and the FAO Code of Conduct for
Responsible Fisheries, 1995; RECOGNISING the duties of
States to cooperate with each other in the conservation and management of
living resources in the DEDICATED to exercising
and implementing the precautionary approach in the management of fishery
resources, in line with the principles set out in 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, 1995, and with the
FAO Code of Conduct for Responsible Fisheries, 1995; RECOGNISING that the long
term conservation and sustainable use of high seas fishery resources require
cooperation among States through appropriate subregional or regional
organisations which agree upon the measures necessary for this purpose; COMMITTED to responsible
fisheries; NOTING that the coastal
States have established areas of national jurisdiction in accordance with the
United Nations Convention on the Law of the Sea of 10 December 1982, and
general principles of international law within which they exercise sovereign
rights for the purpose of exploring and exploiting, conserving and managing
living marine resources; DESIRING cooperation with
the coastal States and with all other States and Organisations having a real
interest in the fishery resources of the RECOGNISING economic and
geographical considerations and the special requirements of developing
States, and their coastal communities, for equitable benefit from living
marine resources; CALLING upon States which
are not Contracting Parties to this Convention, and which do not otherwise
agree to apply the conservation and management measures adopted under this
Convention, not to authorise vessels flying their flags to engage in fishing
for the resources which are the subject of this Convention; CONVINCED that the
establishment of an organisation for the long term conservation and
sustainable use of the fishery resources in the BEARING IN MIND that the
achievements of the above will contribute to the realisation of a just and
equitable economic order in the interests of all humankind, and in particular
the special interests and needs of developing States, HAVE AGREED AS FOLLOWS: 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) ‘1995 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, 1995; (c) ‘ (d) ‘Commission’ means
the South-East Atlantic Fisheries Commission established pursuant to Article
5; (e) ‘Contracting Party’
means any State or regional economic integration organisation which has
consented to be bound by this Convention, and for which the Convention is in
force; (f) ‘Control measure’
means any decision or action adopted by the Commission regarding observation,
inspection, compliance and enforcement pursuant to Article 16; (g) ‘Fisheries management
organisation’ means any intergovernmental organisation which has competence
to take regulatory measures in relation to living marine resources; (h) ‘Fishing’ means: (i) the actual or
attempted searching for, catching, taking or harvesting of fishery resources; (ii) engaging in any
activity which can reasonably be expected to result in the locating,
catching, taking or harvesting of fishery resources for any purpose including
scientific research; (iii) placing, searching
for or recovering any aggregating device for fishery resources or associated
equipment including radio beacons; (iv) any operation at sea
in support of, or in preparation for, any activity described in this
definition, except for any operation in emergencies involving the health and
safety of crew members or the safety of a vessel; or (v) the use of an
aircraft in relation to any activity described in this definition except for
flights in emergencies involving the health or safety of crew members or the
safety of a vessel; (i) ‘Fishing entity’
means any fishing entity referred to in Article 1 paragraph 3 of the 1995
Agreement; (j) ‘Fishing vessel’
means any vessel used or intended for use for the purposes of the commercial
exploitation of fishery resources, including mother ships, any other vessels
directly engaged in such fishing operations, and vessels engaged in
transshipment; (k) ‘Fishing research
vessel’ means any vessel engaged in fishing, as defined in point (h), for
scientific research purposes, including permanent research vessels or vessels
normally engaged in commercial fishing operations, or fishing support
activities; (l) ‘Fishery resources’
means resources of fish, molluscs, crustaceans and other sedentary species
within the Convention Area, excluding: (i) sedentary species
subject to the fishery jurisdiction of coastal States pursuant to Article 77
paragraph 4 of the 1982 Convention; and (ii) highly migratory
species listed in Annex I of the 1982 Convention; (m) ‘ (i) a state whose vessels
are entitled to fly its flag; or (ii) a regional economic
integration organisation in which vessels are entitled to fly the flag of a
member State of that regional economic integration organisation. (n) ‘Living marine
resources’ means all living components of marine ecosystems, including
seabirds; (o) ‘Regional economic
integration organisation’ unless other-wise specified, means a regional
economic integration organisation to which all 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; and (p) ‘Transshipment’ means
unloading of all or any of the fishery resources on board a fishing vessel to
another fishing vessel either at sea or in port without the products having been
recorded by a port State as landed. Article 2
Objective The objective of this
Convention is to ensure the long-term conservation and sustainable use of the
fishery resources in the Convention Area through the effective implementation
of this Convention. Article 3
General principles In giving effect to the
objective of this Convention, the Contracting Parties, where appropriate
through the Organisation, shall, in particular: (a) adopt measures, based
on the best scientific evidence available, to ensure the long term
conservation and sustainable use of the fishery resources to which this
Convention applies; (b) apply the
precautionary approach in accordance with Article 7; (c) apply the provisions
of this Convention relating to fishery resources, taking due account of the
impact of fishing operations on ecologically related species such as
seabirds, cetaceans, seals and marine turtles; (d) adopt, where
necessary, conservation and management measures for species belonging to the
same ecosystem as, or associated with or dependent upon, the harvested
fishery resources; (e) ensure that fishery
practices and management measures take due account of the need to minimise
harmful impacts on living marine resources as a whole; and (f) protect
biodiversity in the marine environment. Article 4
Geographical application Except as otherwise
provided, this Convention applies within the Convention Area, being all
waters beyond areas of national jurisdiction in the area bounded by a line
joining the following points along parallels of latitude and meridians of
longitude: — beginning at the outer
limit of waters under national jurisdiction at a point 6° South, thence due
west along the 6° South parallel to the meridian 10° West, thence due north
along the 10° West meridian to the equator, thence due west along the equator
to the meridian 20° West, thence due south along the 20° West meridian to a
parallel 50° South, thence due east along the 50° South parallel to the
meridian 30° East, thence due north along the 30° East meridian to the coast
of the African continent. Article 5
The Organisation 1. The Contracting
Parties hereby establish and agree to maintain the South-East Atlantic
Fisheries Organisation, herein ‘the Organisation’. 2. The Organisation shall
comprise: (a) the Commission; (b) the Compliance and
Scientific Committees, as subsidiary bodies, and any other subsidiary bodies
that the Commission shall establish from time to time to assist in meeting
the objective of this Convention; and (c) the
Secretariat. 3. The Organisation shall
have legal personality and shall enjoy in the territory of each of the
Contracting Parties such legal capacity as may be necessary to perform its
functions and achieve the objective of this Convention. The privileges and
immunities to be enjoyed by the Organisation and its staff in the territory
of a Contracting Party shall be determined by agreement between the
Organisation and the Contracting Party concerned. 4. The official languages
of the Organisation shall be English and Portuguese. 5. The headquarters of
the Organisation shall be established in Article 6
The Commission 1. Each Contracting Party
shall be a member of the Commission. 2. Each member shall
appoint one representative to the Commission who may be accompanied by
alternate representatives and advisers. 3.The functions of the
Commission shall be to: (a) identify conservation
and management needs; (b) formulate and adopt
conservation and management measures; (c) determine total
allowable catches and/or levels of fishing effort, taking into account total
fishing mortality, including of non-target species; (d) determine the nature
and extent of participation in fishing; (e) keep under review the
status of stocks and gather, analyse and disseminate relevant information on
stocks; (f) encourage, promote
and, where appropriate by agreement, coordinate scientific research on
fishery resources within the Convention Area and in adjacent waters under
national jurisdiction; (g) manage stocks on the
basis of the precautionary approach to be developed in accordance with
Article 7; (h) establish appropriate
cooperative mechanisms for effective monitoring, control, surveillance and
enforcement; (i) adopt measures
concerning control and enforcement within the Convention Area; (j) develop measures for
the conduct of fishing for scientific research purposes; (k) develop rules for the
collection, submission, verification of, access to and use of data; (l) compile and
disseminate accurate and complete statistical data to ensure that the best
scientific advice is available, while maintaining confidentiality, where
appropriate; (m) direct the Compliance
and Scientific Committees, other subsidiary bodies, and the Secretariat; (n) approve the budget of
the Organisation; and (o) carry
out such other activities as may be necessary to fulfil its functions. 4. The Commission shall
adopt its rules of procedure. 5. The Commission shall
adopt measures, in accordance with international law, to promote compliance
by vessels flying the flag of non-parties to this Convention with measures
agreed by the Commission. 6. The Commission shall
take full account of the recommendations and advice from the Scientific and
Compliance Committees in formulating its decisions. The Commission shall, in
particular, take full account of the biological unity and other biological
characteristics of the stocks. 7. The Commission shall
publish its conservation and management and control measures which are in
force, and, as far as practicable, shall maintain records of other conservation
and management measures in force in the Convention Area. 8. The measures referred
to in paragraph 3 may include the following: (a) the quantity of any
species which may be caught; (b) the areas and periods
in which fishing may occur; (c) the size and sex of
any species which may be taken; (d) the fishing gear and
technology which may be used; (e) the level of fishing
effort, including vessel numbers, types and sizes, which may be used; (f) the designation of
regions and sub-regions; (g) other measures
regulating fisheries with the objective of protecting any species; and (h) other
measures the Commission considers necessary to meet the objective of this
Convention. 9. Conservation and
management and control measures adopted by the Commission in accordance with
this Convention shall become effective in accordance with Article 23. 10. Taking account of
Articles 116-119 of the 1982 Convention, the Commission may draw the
attention of any State or fishing entity which is a non-party to this
Convention to any activity which in the opinion of the Commission affects
implementation of the objective of this Convention. 11. The Commission shall
draw the attention of all Contracting Parties to any activity which in the
opinion of the Commission undermines: (a) the implementation by
a Contracting Party of the objective of this Convention, or the compliance of
that Contracting Party with its obligations under this Convention; or (b) the
compliance of that Contracting Party with its obligations under this Convention. 12. The Commission shall
take account of measures established by other organisations which affect
living marine resources in the Convention Area, and, without prejudice to the
objective of this Convention, shall seek to ensure consistency with such measures. 13. If the Commission
determines that a Contracting Party has ceased to participate in the work of
the Organisation, the Commission shall consult with the Contracting Party
concerned and may take a decision to address the matter, as it deems appropriate. Article 7
Application of the precautionary approach 1. The Commission shall
apply the precautionary approach widely to conservation and management and
exploitation of fishery resources in order to protect those resources and
preserve the marine environment. 2. The Commission shall
be more cautious when information is uncertain, unreliable or inadequate. The
absence of adequate scientific information shall not be used as a reason for
postponing or failing to take conservation and management measures. 3. In implementing this
article, the Commission shall take cognisance of best international practices
regarding the application of the precautionary approach, including Annex II
of the 1995 Agreement and the FAO Code of Conduct for Responsible Fisheries,
1995. Article 8
Meetings of the Commission 1. The Commission shall
hold an annual meeting and any other meetings as deemed necessary. 2. The first meeting of
the Commission shall be held within three months of the entry into force of
this Convention, provided that among the Contracting Parties there are at
least two States conducting fishing activities in the Convention Area. The
first meeting shall, in any event, be held within six months of the entry
into force of the Convention. The Government of Namibia shall consult with
the Contracting Parties regarding the first Commission meeting. The
provisional agenda shall be communicated to each signatory and Contracting
Party not less than one month before the date of the meeting. 3. The first meeting of
the Commission shall, inter alia, give priority consideration to the costs
associated with implementation of the Annex by the Secretariat and measures
to fulfil the functions of the Commission set out in Article 6.3(k) and (l). 4. The first meeting of
the Commission shall be held at the headquarters of the Organisation.
Thereafter, meetings of the Commission shall be held at the headquarters,
unless the Commission decides otherwise. 5. The Commission shall
elect from among the representatives of the Contracting Parties a chairperson
and vice chairperson, each of whom shall serve for a term of two years and
shall be eligible for re-election for one additional term of two years. The
first chairperson shall be elected at the first meeting of the Commission for
an initial term of three years. The chairperson and vice chairperson shall
not be representatives of the same Contracting Party. 6. The Commission shall
adopt rules of procedure to govern the participation of representatives from
non-Parties to this Convention as observers. 7. The Commission shall
adopt rules of procedure to govern the participation of representatives from
inter-governmental organisations as observers. 8. Representatives from
non-governmental organisations concerned with the stocks found in the
Convention Area shall be given the opportunity to participate as observers in
the meetings of the Organisation, subject to rules adopted by the Commission. 9. The Commission shall
adopt rules to govern such participation and to provide for transparency in
the activities of the Organisation. The rules shall not be unduly restrictive
in this respect and shall provide for timely access to records and reports of
the Organisation, subject to the procedural rules on access to them. The
Commission shall adopt such rules of procedure as soon as possible. 10. The Contracting
Parties may decide, by consensus, to invite representatives from non-parties
to this Convention and from intergovernmental organisations to participate as
observers until the rules regarding such participation are adopted by the
Commission. Article 9
The Compliance Committee 1. Each Contracting Party
shall be entitled to appoint one representative to the Compliance Committee
who may be accompanied by alternate representatives and advisers. 2. Unless otherwise
decided by the Commission, the functions of the Compliance Committee shall be
to provide the Commission with information, advice and recommendations on the
implementation of, and compliance with, conservation and management measures. 3. In performing its
functions, the Compliance Committee shall conduct activities as the
Commission may direct and shall: (a) coordinate compliance
activities undertaken by or on behalf of the Organisation; (b) coordinate with the
Scientific Committee on matters of common concern; and (c) perform
such other tasks as directed by the Commission. 4. The Compliance
Committee shall meet as deemed necessary by the Commission. 5. The Compliance
Committee shall adopt, and amend as necessary, rules of procedure for the conduct
of its meetings and the exercise of its functions. The rules and any
amendments thereto shall be approved by the Commission. The rules shall
include procedures for the presentation of minority reports. 6. The Compliance
Committee may establish, with the approval of the Commission, such subsidiary
bodies as are necessary for the performance of its functions. Article 10
The Scientific Committee 1. Each Contracting Party
shall be entitled to appoint one representative to the Scientific Committee
who may be accompanied by alternate representatives and advisers. 2. The Scientific
Committee may seek expert advice as required on an ad hoc basis. 3. The functions of the
Scientific Committee shall be to provide the Commission with scientific
advice and recommendations for the formulation of conservation and management
measures for fishery resources covered by this Convention, and to encourage
and promote cooperation in scientific research in order to improve knowledge
of the living marine resources of the Convention Area. 4. In performing its
functions, the Scientific Committee shall conduct such activities as the
Commission may direct and shall: (a) consult, cooperate
and encourage the collection, study and exchange of information relevant to
the living marine resources of the Convention Area; (b) establish criteria
and methods to be used in determining conservation and management measures; (c) assess the status and
trends of relevant populations of living marine resources; (d) analyse data on the
direct and indirect effects of fishing and other human activities on
populations of fishery resources; (e) assess the potential
effects of proposed changes in the methods or levels of fishing and of
proposed conservation and management measures; and (f) transmit
reports and recommendations to the Commission as directed, or on its own
initiative, regarding conservation and management measures and research. 5. In carrying out its
functions, the Scientific Committee shall seek to take into consideration the
work of other fisheries management organisations, as well as other technical
and scientific bodies. 6. The first meeting of
the Scientific Committee shall be held within three months of the first
meeting of the Commission. 7. The Scientific
Committee shall adopt, and amend as necessary, rules of procedure for the
conduct of its meetings and the exercise of its functions. The rules and any
amendments thereto shall be approved by the Commission. The rules shall
include procedures for the presentation of minority reports. 8. The Scientific
Committee may establish, with the approval of the Commission, such subsidiary
bodies as are necessary for the performance of its functions. Article 11
The Secretariat 1. The Commission shall
appoint an Executive Secretary according to such procedures and on such terms
and conditions as the Commission may determine. 2. The Executive
Secretary shall be appointed for a term of four years and may be reappointed
for one additional term not exceeding four years. 3. The Commission shall
authorise such staff for the Secretariat as may be necessary and the
Executive Secretary shall appoint, direct and supervise such staff according
to staff regulations approved by the Commission. 4. The Executive
Secretary and the Secretariat shall perform the functions delegated to them
by the Commission. Article 12
Finance and budget 1. At each annual
meeting, the Commission shall adopt the Organisation's budget. In determining
the size of the budget, the Commission shall give due consideration to the
principle of cost effectiveness. 2. A draft budget for the
Organisation's next financial year shall be prepared by the Executive
Secretary and submitted to the Contracting Parties at least 60 days before
the annual meeting of the Commission. 3. Each Contracting Party
shall contribute to the budget. The contribution by each Contracting Party
shall be according to a combination of an equal basic fee, and a fee based on
the total catch in the Convention Area of species covered by the Convention.
The Commission shall adopt and amend the proportion in which these
contributions are applied taking into account the economic status of each
Contracting Party. For Contracting Parties with territory adjoining the
Convention Area, this shall be the economic status of that territory. 4. For the first three
years following the Convention's entry into force, or a shorter period as
decided by the Commission, the contribution of each Contracting Party shall
be equal. 5. The Commission may
request and accept financial contributions and other forms of assistance from
organisations, individuals and other sources for purposes connected with the
fulfilment of its functions. 6. The financial
activities of the Organisation,including the proportion of contributions
referred to in paragraph 3, shall be conducted in accordance with Financial
Regulations adopted by the Commission and shall be subject to an annual audit
by independent auditors appointed by the Commission. 7. Each Contracting Party
shall meet its own expenses arising from attendance at meetings of the bodies
of the Organisation. 8. Unless otherwise
decided by the Commission, a Contracting Party that is in arrears with its
payment of any monies owing to the Organisation by more than two years: (a) shall not participate
in the taking of any decisions by the Commission; and (b) may
not notify non-acceptance of any measure adopted by the Commission until it
has paid all monies owing by it to the Organisation. Article 13
Contracting Party obligations 1. Each Contracting Party
shall, in respect of its activities within the Convention Area: (a) collect and exchange
scientific, technical and statistical data with respect to fisheries
resources covered by this Convention; (b) ensure that data are
collected in sufficient detail to facilitate effective stock assessment and
are provided in a timely manner to fulfil the requirements of the Commission; (c) take appropriate
measures to verify the accuracy of such data; (d) provide annually to
the Organisation such statistical, biological and other data and information
as the Commission may require; (e) provide to the
Organisation in the manner and at such intervals as may be required by the
Commission, information concerning its fishing activities, including fishing
areas and fishing vessels in order to facilitate the compilation of reliable
catch and effort statistics; and (f) provide
to the Commission at such intervals as it may require information on steps
taken to implement the conservation and management measures adopted by the
Commission. 2. Each coastal State
shall, in respect of activities that occur in its area of national
jurisdiction relating to straddling stocks of fishery resources, provide to
the Organisation data required in accordance with paragraph 1. 3. Each Contracting Party
shall promptly implement this Convention and any conservation, management and
other measures or matters which may be agreed by the Commission. 4. Each Contracting Party
shall take appropriate measures, in accordance with the measures adopted by
the Commission and international law, in order to ensure the effectiveness of
the measures adopted by the Commission. 5. Each Contracting Party
shall transmit to the Commission an annual statement of implementing and
compliance measures, including imposition of sanctions for any violations, it has taken in accordance with this Article. 6.(a) Without prejudice
to the primacy of the responsibility of the flag State, each Contracting
Party shall, to the greatest extent possible, take measures, or cooperate, to
ensure that its nationals fishing in the Convention Area and its industries
comply with the provisions of this Convention. Each Contracting Party shall,
on a regular basis, inform the Commission of such measures taken. (b) Fishing opportunities
granted to the Contracting Parties by the Commission shall be exercised
exclusively by vessels flying the flag of Contracting Parties. 7. Each coastal State
shall regularly inform the Organisation of the measures they have adopted for
fishery resources within areas of water under their national jurisdiction
adjacent to the Convention Area. 8. Each Contracting Party
shall fulfil in good faith the obligations assumed under this Convention and
shall exercise the rights recognised in this Convention in a manner which
would not constitute an abuse of rights. Article 14
1. Each Contracting Party
shall take such measures as may be necessary to ensure that vessels flying
its flag comply with the conservation and management and control measures
adopted by the Commission and that they do not engage in any activities which
undermine the effectiveness of such measures. 2. Each Contracting Party
shall authorise the use of vessels flying its flag for fishing in the
Convention Area only where it is able to exercise effectively its responsibilities
in respect of such vessels under this Convention. 3. Each Contracting Party
shall take appropriate measures in respect of vessels flying its flag which
are in accordance with measures adopted by the Commission and which give
effect thereto, and which take account of existing international practices.
These measures shall include, inter alia: (a) measures to ensure
that a flag State investigates immediately and reports fully on actions taken
in response to an alleged violation by a vessel flying its flag of measures
adopted by the Commission; (b) control of such
vessels in the Convention Area by means of fishing authorisation; (c) establishment of a
national record of fishing vessels authorised to fish in the Convention Area
and provision for sharing this information with the Commission on a regular
basis; (d) requirements for
marking of fishing vessels and fishing gear for identification; (e) requirements for
recording and timely reporting of vessel position, catch of target and
non-target species, catch landed, catch transhipped, fishing effort and other
relevant fisheries data; (f) regulation of
transhipment to ensure that the effectiveness of conservation and management
measures is not undermined; (g) measures to permit
access by observers from other Contracting Parties to carry out functions as
agreed by the Commission; and (h) measures
to require the use of a vessel monitoring system as agreed by the Commission. 4. Each Contracting Party
shall ensure that vessels flying its flag do not undermine measures agreed by
the Commission through unauthorised fishing within areas adjacent to the
Convention Area on stocks occurring in the Convention Area and the adjacent
area. Article 15
Port State duties and measures taken by a port State 1. Measures taken by a
port State in accordance with this Convention shall take full account of the
right and the duty of a port State to take measures, in accordance with
international law, to promote the effectiveness of subregional, regional and
global conservation and management measures. 2. Each Contracting Party
shall, in accordance with measures agreed by the Commission, inter alia,
inspect documents, fishing gear and catch on board fishing vessels, when such
vessels are voluntarily in its ports or at its offshore terminals. 3. Each Contracting Party
shall, in accordance with measures agreed by the Commission, adopt
regulations in accordance with international law to prohibit landings and
transshipments by vessels flying the flag of non-parties to this Convention where
it has been established that the catch of a stock covered by this Convention
has been taken in a manner which undermines the effectiveness of conservation
and management measures adopted by the Commission. 4. In the event that a
port State considers that there has been a violation by a Contracting Party
vessel of a conservation and management or control
measure adopted by the Commission, the port State shall draw this to the
attention of the flag State concerned and, as appropriate, the Commission.
The port State shall provide the flag State and the Commission with full
documentation of the matter, including any record of inspection. In such
cases, the flag State shall transmit to the Commission details of actions it
has taken in respect of the matter. 5. Nothing in this
article affects the exercise by States of their sovereignty over ports in
their territory in accordance with international law. 6. All measures taken
under this article shall be taken in accordance with international law. Article 16
Observation, inspection, compliance and enforcement 1. The Contracting
Parties, through the Commission, shall establish a system of observation,
inspection, compliance and enforcement, hereafter ‘the System ’, to
strengthen the effective exercise of flag State responsibility by Contracting
Parties for fishing vessels and fishing research vessels flying their flags
in the Convention Area. The major purpose of the System is to ensure that
Contracting Parties effectively discharge their obligations under this Convention
and, where applicable, under the 1995 Agreement, in order to ensure
compliance with the conservation and management measures agreed by the
Commission. 2. In establishing the
System, the Commission shall be guided, inter alia, by the following principles: (a) fostering of
cooperation among Contracting Parties to ensure effective implementation of
the System; (b) a System which is
impartial and non-discriminatory in nature; (c) verification of
compliance with conservation and management measures agreed by the
Commission; and (d) prompt
action on reports of infringements in contravention of measures agreed by the
Commission. 3. In applying these
principles the System shall, inter alia, comprise the following elements: (a) control measures,
including the authorisation of vessels to fish, the marking of vessels and
fishing gear, the recording of fishing activities, and the near-to-real time
reporting of vessel movements and activities by means such as satellite
surveillance; (b) an inspection
programme, both at sea and in port, including procedures for boarding and
inspection of vessels, on a reciprocal basis; (c) an observer programme
based on common standards for the conduct of observation, including, inter
alia, arrangements for the placing of observers by a Contracting Party on
vessels flying the flag of another Contracting Party with the consent of that
Party; an appropriate level of coverage for different sizes and types of
fishing vessels and fishery research vessels; and measures for reporting by observers
of information regarding apparent violations of conservation and management
measures, taking into account the need to ensure the safety of observers; and (d) procedures
for the follow-up on infringements detected under the System, including
standards of investigation, reporting procedures, notification of proceedings
and sanctions, and other enforcement actions. 4. The System shall have
a multilateral and integrated character. 5. In order to strengthen
the effective exercise of flag State responsibility by Contracting Parties
for fishing vessels and fishery research vessels flying their flags in the
Convention Area, the interim arrangements set out in the Annex, which forms
an integral part of this Convention, shall apply upon entry into force of this
Convention and remain in force until the establishment of the System or until
the Commission decides otherwise. 6. If, within two years
of the entry into force of this Convention, the Commission has not
established the System, the Commission shall, at the request of any
Contracting Party, give urgent consideration to adoption of boarding and
inspection procedures in order to strengthen the effective discharge by
Contracting Parties of their obligations under this Convention and where
applicable, under the 1995 Agreement. A special meeting of the Commission may
be convened for this purpose. Article 17
Decision making 1. Decisions of the
Commission on matters of substance shall be taken by consensus of the
Contracting Parties present. The question of whether a matter is one of
substance shall be treated as a matter of substance. 2. Decisions on matters
other than those referred to in paragraph 1 shall be taken by a simple
majority of the Contracting Parties present and voting. 3. In the taking of
decisions pursuant to this Convention, a regional economic integration
organisation shall have only one vote. Article 18 Cooperation with
other organisations 1. The Organisation shall
cooperate, as appropriate, with the Food and Agriculture Organisation of the
United Nations and with other specialised agencies and organisations on
matters of mutual interest. 2. The Organisation shall
seek to develop cooperative working relationships with other
inter-governmental organisations which can contribute to their work and which
have an interest in ensuring the long-term conservation and sustainable use
of living marine resources in the Convention Area. 3. The Commission may
enter into agreements with the organisations referred to in this article and
with other organisations as may be appropriate. The Commission may invite
such organisations to send observers to its meetings, or to the meetings of
any subsidiary bodies of the Organisation. 4. In the application of
Articles 2 and 3 of this Convention to fishery resources, the Organisation
shall cooperate with other relevant fisheries management organisations and
take account of their conservation and management measures applicable in the
region. Article 19
Compatibility of conservation and management measures 1. The Contracting
Parties recognise the need to ensure compatibility of conservation and
management measures adopted for straddling fish stocks on the high seas and
in areas under national jurisdiction. To this end, the Contracting Parties
have a duty to cooperate for the purposes of achieving compatible measures in
respect of such stocks of fisheries resources as occur in the Convention area
and in areas under the jurisdiction of any Contracting Party. The appropriate
Contracting Party and the Commission shall accordingly promote the
compatibility of such measures. This compatibility shall be ensured in such a
way which does not undermine measures established in accordance with Articles
61 and 119 of the 1982 Convention. 2. For the purpose of
paragraph 1, the coastal States and the Commission shall develop and agree on
standards for reporting and exchanging data on fisheries for the stocks
concerned as well as statistical data on the status of the stocks. 3. Each Contracting Party
shall keep the Commission informed of its measures and decisions taken in
accordance with this Article. Article 20
Fishing opportunities 1. In determining the
nature and extent of participatory rights in fishing opportunities, the
Commission shall take into account, inter alia: (a) the state of fishery
resources including other living marine resources and existing levels of
fishing effort, taking into account the advice and recommendations of the
Scientific Committee; (b) respective interests,
past and present fishing patterns, including catches, and practices in the
Convention Area; (c) the stage of
development of a fishery; (d) the interests of
developing States in whose areas of national jurisdiction the stocks also
occur; (e) contributions to
conservation and management of fishery resources in the Convention Area,
including the provision of information, the conduct of research and steps
taken to establish cooperative mechanisms for effective monitoring, control,
surveillance and enforcement; (f) contributions to new
or exploratory fisheries, taking account of the principles set out in Article
6.6 of the 1995 Agreement; (g) the needs of coastal
fishing communities which are dependent mainly on fishing for the stocks in
the (h) the
needs of coastal States whose economies are overwhelmingly dependent on the
exploitation of fishery resources. 2. In applying the
provisions of paragraph 1, the Commission may, inter alia : (a) designate annual
quota allocations or effort limitations for Contracting Parties; (b) allocate catch
quantities for exploration and scientific research; and (c) set
aside fishing opportunities for non-parties to this Convention, if necessary. 3. The Commission shall,
subject to agreed rules, review quota allocations, effort limitations and
participation in fishing opportunities of Contracting Parties taking into
account the information, advice and recommendations on the implementation of,
and compliance with, conservation and management measures by Contracting
Parties. Article 21
Recognition of the special requirements of developing States in the region 1. The Contracting
Parties shall give full recognition to the special requirements of developing
States in the region in relation to conservation and management of fishery
resources and the development of such resources. 2. In giving effect to
the duty to cooperate in the establishment of conservation and management
measures for stocks covered by this Convention, the Contracting Parties shall
take into account the special requirements of such developing States, in
particular: (a) the vulnerability of
developing States in regions which are dependent on the exploitation of
living marine resources, including for meeting the nutritional requirements
of their populations or parts thereof; (b) the need to avoid adverse
impacts on, and ensure access to fisheries by, subsistence, small-scale and
artisanal fishers and women fishworkers; and (c) the
need to ensure that such measures do not result in transferring, directly or
indirectly, a disproportionate burden of conservation action onto developing
States in the region. 3. The Contracting
Parties shall cooperate through the Commission and other subregional or
regional organisations involved in the management of fishery resources: (a) to enhance the
ability of developing States in the region to conserve and manage fishery
resources and to develop their own fisheries for such resources; and (b) to
assist developing States in the region which may fish for fishery resources,
to enable them to participate in fisheries for such resources, including
facilitating access in accordance with this Convention. 4. Cooperation with
developing States in the region for the purposes set out in this article
shall include the provision of financial assistance, assistance relating to
human resources development, technical assistance, transfer of technology,
and activities directed specifically towards: (a) improved conservation
and management of the fishery resources covered by this Convention through
collection, reporting, verification, exchange and analysis of fisheries data
and related information; (b) stock assessment and
scientific research; and (c) monitoring,
control, surveillance, compliance and enforcement, including training and
capacity-building at the local level, development and funding of national and
regional observer programmes and access to technology and equipment. Article 22
Non-Parties to this Convention 1. The Contracting
Parties shall, either directly or through the Commission, request non-parties
to this Convention whose vessels fish in the Convention Area to cooperate
fully with the Organisation either by becoming party to the Convention or by
agreeing to apply the conservation and management measures adopted by the
Commission with a view to ensuring that such measures are applied to all
fishing activities in the Convention Area. Such non-parties to this
Convention shall enjoy benefits from participation in the fishery
commensurate with their commitment to comply with conservation and management
measures in respect of the relevant stocks. 2. Contracting Parties
may exchange information between each other or through the Commission on, and
shall inform the Commission of activities of, fishing vessels flying the
flags of the non-parties to this Convention which are engaged in fishing
operations in the Convention Area, and of any action taken in response to
fishing by non-parties to this Convention. The Commission shall share
information on such activities with other appropriate regional or subregional
organisations and arrangements. 3. The Contracting
Parties may, either directly or through the Commission, take measures, which
are consistent with international law, and which they deem necessary and
appropriate, to deter fishing activities by fishing vessels of non-parties to
this Convention which undermine the effectiveness of conservation and
management measures adopted by the Commission. 4. The Contracting
Parties shall, individually or jointly, request fishing entities which have
fishing vessels in the Convention Area to cooperate fully with the
organisation in implementing conservation and management measures, with a
view to having such measures applied de facto as extensively as possible to
fishing activities in the Convention Area. Such fishing entities shall enjoy
benefits from participation in the fishery commensurate with their commitment
to comply with conservation and management measures in respect of the stocks.
The Commission may invite non-parties to this Convention to send observers to
its meetings, or to the meetings of any subsidiary bodies of the
Organisation. Article 23
Implementation 1. Conservation and
management and control measures adopted by the Commission shall become
binding on the Contracting Parties in the following manner: (a) the Executive Secretary
shall notify promptly in writing all Contracting Parties of such a measure
following its adoption by the Commission; (b) the measure shall
become binding upon all Contracting Parties 60 days after notification by the
Secretariat of the measure's adoption by the Commission, pursuant to
subparagraph (a), unless otherwise specified in the measure; (c) if a Contracting
Party, within 60 days following the notification specified in subparagraph
(a), notifies the Commission that it is unable to accept a measure, that
measure shall not, to the extent stated, be binding upon that Contracting
Party; however, the measure shall remain binding on all other Contracting
Parties unless the Commission decides otherwise; (d) any Contracting Party
which makes a notification under subparagraph (c) shall at the same time
provide a written explanation of its reasons for making the notification and,
where appropriate, its proposals for alternative measures which the
Contracting Party is going to implement. The explanation shall specify inter
alia whether the basis for the notification is that: (i) the Contracting Party
considers that the measure is inconsistent with the provisions of this
Convention; (ii) the Contracting
Party cannot practicably comply with the measure; (iii) the measure
unjustifiably discriminates in form or in fact against the Contracting Party;
or (iv) other special
circumstances apply; (e) the Executive
Secretary shall promptly circulate to all Contracting Parties details of any
notification and explanation received in accordance with subparagraphs (c)
and (d); (f) in
the event that any Contracting Party invokes the procedure set out in
subparagraphs (c) and (d), the Commission shall meet at the request of any
other Contracting Party to review the measure. At the time of such a meeting
and within 30 days following the meeting, any Contracting Party shall have
the right to notify the Commission that it is no longer able to accept the
measure, in which case that Contracting Party shall no longer be bound by the
measure; and (g) pending the
conclusions of a review meeting called in accordance with subparagraph (f),
any Contracting Party may request an ad hoc expert panel established in
accordance with Article 24 to make recommendations on any interim measures
following the invocation of the procedures pursuant to subparagraphs (c) and
(d) which may be necessary in respect of the measure to be reviewed. Subject
to paragraph 3, such interim measures shall be binding on all Contracting
Parties if all Contracting Parties (other than those who have indicated that
they are unable to accept the measure, pursuant to subparagraphs (c) and (d))
agree that the long term sustainability of the stocks covered by this
Convention will be undermined in the absence of such measures. 2. Any Contracting Party
which invokes the procedure set out in paragraph 1 may at any time withdraw
its notification of non-acceptance and become bound by the measure
immediately if it is already in effect or at such time as it may come into
effect under this article. 3. This article is
without prejudice to the right of any Contracting Party to invoke the dispute
settlement procedures set out in Article 24 in respect of a dispute
concerning the interpretation or application of this Convention, in the event
that all other methods to settle the dispute, including the procedures set
out in this article, have been exhausted. Article 24
Dispute settlement 1. The Contracting
Parties shall cooperate in order to prevent disputes. 2. If any dispute arises
between two or more Contracting Parties concerning the interpretation or
implementation of this Convention, those Contracting Parties shall consult
among themselves with a view to resolving the dispute, or to having the
dispute resolved by negotiation, inquiry, mediation, conciliation,
arbitration, judicial settlement or other peaceful means of their own choice. 3. In cases where a
dispute between two or more Contracting Parties is of a technical nature, and
the Contracting Parties are unable to resolve the dispute among themselves,
they may refer the dispute to an ad hoc expert panel established in
accordance with procedures adopted by the Commission at its first meeting.
The panel shall confer with the Contracting Parties concerned and shall
endeavour to resolve the dispute expeditiously without recourse to binding
procedures for the settlement of disputes. 4. Where a dispute is not
referred for settlement within a reasonable time of the consultations
referred to in paragraph 2, or where a dispute is not resolved by recourse to
other means referred to in this article within a reasonable time, such
dispute shall, at the request of any party to the dispute, be submitted for
binding decision in accordance with procedures for the settlement of disputes
provided in Part XV of the 1982 Convention or, where the dispute concerns one
or more straddling stocks, by provisions set out in Part VIII of the 1995
Agreement. The relevant part of the 1982 Convention and the 1995 Agreement
shall apply whether or not the parties to the dispute are also Parties to
these instruments. 5. A court, tribunal or
panel to which any dispute has been submitted under this article shall apply
the relevant provisions of this Convention, of the 1982 Convention, of the
1995 Agreement, as well as generally accepted standards for the conservation
and management of living marine resources and other rules of international
law, compatible with the 1982 Convention and the 1995 Agreement, with a view
to ensuring the conservation of the fish stocks concerned. Article 25
Signature, ratification, acceptance and approval 1. This Convention shall
be open for signature on 20 April 2001, in Windhoek, Namibia, and
subsequently at the head-quarters of the Food and Agriculture Organisation of
the United Nations for one year from its adoption on 20 April 2001 by all
States and regional economic integration organisations participating in the
Conference on the South-East Atlantic Fisheries Organisation held on 20 April
2001 and by all States and regional economic integration organisations whose
vessels fish, or have fished in the Convention Area, for fishery resources
covered by this Convention, in the four years preceding the adoption of the
Convention. 2. This Convention shall
be subject to ratification, acceptance or approval by the States and regional
economic integration organisations referred to in paragraph 1. The
instruments of ratification, acceptance or approval shall be deposited with
the Director-General of the Food and Agriculture Organisation of the United
Nations, hereafter ‘the Depositary ’. Article 26
Accession 1. This Convention shall
be open for accession by coastal States, and by all other States and regional
economic integration organisations whose vessels fish in the Convention Area
for fishery resources covered by this Convention. 2. This Convention shall
be open for accession by regional economic integration organisations, other
than that regional economic integration organisation that qualifies as a
Contracting Party under Article 25,which include among their member States
one or more States which have transferred, in whole or in part, competence
over matters covered by this Convention. The accession of such regional
economic integration organisations shall be the subject of consultations
within the Commission concerning the conditions for participation in the work
of the Commission. 3. Instruments of
accession shall be deposited with the Depositary. Accessions received by the
Depositary prior to the date of entry into force of this Convention shall become
effective 30 days after the date on which this Convention enters into force. Article 27
Entry into force This Convention shall
enter into force 60 days after the date of deposit with the Depositary of the
third instrument of ratification, accession, acceptance or approval at least
one of which has been deposited by a coastal State. For each State or
regional economic integration organisation which, subsequent to the date of
entry into force of this Convention, deposits an instrument of ratification or
accession, this Convention shall enter into force on the thirtieth day
following such deposit. Article 28
Reservations and exceptions No reservations or
exceptions may be made to this Convention. Article 29
Declarations and statements Article 28 does not
preclude a State or regional economic integration organisation, when signing,
ratifying or acceding to this Convention, from making declarations or
statements, however phrased or named, with a view, inter alia, to the
harmonisation of its laws and regulations with the provisions of this
Agreement, provided that such declarations or statements do not purport to
exclude or to modify the legal effect of the provisions of this Convention in
their application to that State or regional economic integration organisation. Article 30
Relation to other agreements This Convention shall not
alter the rights and obligations of Contracting Parties which arise from the
1982 Convention and other agreements compatible with the 1982 Convention and
which do not affect the enjoyment by other Contracting Parties of their
rights or the performance of their obligations under this Convention. Article 31
Maritime claims Nothing in this
Convention shall constitute recognition of the claims or positions of any of
the Contracting Parties concerning the legal status and extent of waters and
zones claimed by any such Contracting Party. Article 32
Amendment 1. Any Contracting Party
may at any time propose amendments to this Convention. 2. Any proposed amendment
shall be notified in writing to the Executive Secretary at least 90 days
prior to the meeting at which it is proposed to be considered, and the
Executive Secretary shall promptly transmit the proposal to all Contracting
Parties. Proposed amendments to the Convention shall be considered at the
annual meeting of the Commission, unless a majority of the
Contracting Parties request a special meeting to discuss the proposed
amendment. A special meeting may be convened on not less than 90 days'
notice. 3. The text of any
amendment adopted by the Commission shall be transmitted promptly by the
Executive Secretary to all Contracting Parties. 4. An amendment shall
enter into force on the thirtieth day following the deposit of instruments of
ratification, acceptance or approval thereof from all Contracting Parties. Article 33
Withdrawal 1. A Contracting Party
may, by written notification addressed to the Depositary, withdraw from this
Convention and may indicate its reasons. Failure to indicate reasons shall
not affect the validity of the withdrawal. The withdrawal shall take effect
one year after the date of receipt of the notification by the Depositary,
unless the notification specifies a later date. 2. Withdrawal from this
Convention by any Contracting Party shall not affect its financial
obligations under this Convention incurred prior to its withdrawal becoming
effective. Article 34
Registration 1. The Director-General
of the Food and Agriculture Organisation of the United Nations shall be the
Depositary of this Convention, and any amendments or revisions thereto. The
Depositary shall: (a) send certified copies
of this Convention to each signatory to this Convention and to all
Contracting Parties; (b) arrange for the
registration of this Convention, upon its entry into force, with the
Secretary-General of the United Nations in accordance with article 102 of the
Charter of the United Nations; (c) inform each signatory
to this Convention and all Contracting Parties of: (i) instruments of
ratification, accession, acceptance and approval deposited in accordance with
Articles 25 and 26 respectively; (ii) the date of entry
into force of the Convention in accordance with Article 27; (iii) the entry into
force of amendments to this Convention in accordance with Article 32; (iv) withdrawals
from this Convention pursuant to Article 33. 2.The language of communication for the
functions of the Depositary shall be English. Article 35
Authentic texts The English and
Portuguese texts of this Convention are equally authentic. IN WITNESS WHEREOF the
undersigned, being duly authorised thereto, have signed this Convention in
the English and Portuguese languages. Done at ANNEX INTERIM ARRANGEMENTS This Annex shall apply in
accordance with article 16(5) and may be amended at any time by a decision of
the Commission. For the purposes of this
Annex and until the assumption of duties by the Executive Secretary appointed
in accordance with article 11, the Government of Namibia shall carry out the
functions of the Secretariat. SECTION ONE:
Authorisation and Notification During the interim period
each Contracting Party shall: (a) authorise the use of
fishing vessels entitled to fly its flag for fishing in the Convention Area
in accordance with article 14 and the use of fishing research vessels
entitled to fly its flag for conducting fisheries research activities in the
Convention Area; and (b) as soon as possible
and thereafter on an annual basis in accordance with article VI of the FAO
Agreement to Promote Compliance with International Conservation and
Management Measures by Fishing Vessels on the High Seas, 1993, or in a timely
manner following the departure of its vessel from its home port and in any
case before the vessel’s entry into the Convention Area, notify the
Secretariat of all fishing and fishing research vessels authorised to fish in
the Convention Area as provided in subparagraph (a) of this section. This
notification shall include for each vessel:
I.
name of vessel, registration number, previous names (if
known), and port of registry;
II.
previous flag (if any);
III.
International Radio Call Sign (if any);
IV.
name and address of owner or owners;
V.
where and when built;
VI.
type of vessel;
VII.
length; VIII.
name and address of operator (manager) or operators
(managers) (if any);
IX.
type of fishing method or methods;
X.
moulded depth;
XI.
beam;
XII.
gross register tonnage; and
XIII.
power of main engine or engines. Each Contracting Party
shall notify the Secretariat of any modifications including suspensions,
withdrawals and limitations to this information without delay. SECTION TWO: Vessel
requirements 1. Documentation Each Contracting Party
shall: (a) ensure that each of
its fishing and fishing research vessels carry on board documents issued and
certified by the competent authority of that Contracting Party, including, as
a minimum, the following:
I.
registration document;
II.
licence, permit or authorisation to fish or to engage in
research fishing activities and terms and conditions attached to the licence,
permit or authorisation;
III.
vessel name;
IV.
port in which registered, and the number(s) under which
registered;
V.
International Radio Call Sign (if any);
VI.
names and addresses of owner(s) and where relevant, the
charterer;
VII.
overall length; VIII.
power of main engine or engines in KW/horsepower; and
IX.
certified drawings or description of all fish holds,
including storage capacity in cubic feet or metres; (b) check above documents
on a regular basis; and (c) ensure
that any modification to the documents and to the information referred to in
subparagraph (a) of this subsection is certified by the competent authority
of that Contracting Party. 2. Marking of fishing
vessels Each Contracting Party
shall ensure that its fishing vessels and fishing research vessels authorised
to fish in the Convention area are marked in such a way that they can be
readily identified with generally accepted standards, such as the FAO
Standard Specification for the Marking and Identification of Fishing Vessels. 3. Marking of gear Each
Contracting Party shall ensure that gear used by its fishing vessels and
fishing research vessels authorised to fish in the Convention Area is marked
as follows: the ends of nets, lines and gear anchored in the sea shall be
fitted with flag or radar reflector buoys by day and light buoys by night
sufficient to indicate their position and extent. Such lights should be
visible at a distance of at least two nautical miles in good visibility. Marker buoys and similar
objects floating on the surface and intended to indicate the location of
fixed fishing gear shall be clearly marked at all times with the letter(s)
and/or number(s) of the vessel to which they belong. 4. Information on
fishing activities Each Contracting Party
shall ensure that all fishing vessels and fishing research vessels flying its
flag and authorised to fish in the Convention Area keep a bound fishing
logbook with consecutively numbered pages and, where appropriate, a
production logbook, storage plan or a scientific plan. Fishing logbooks shall
contain the following: (a) each entry into and
exit from the Convention Area; (b) the cumulative
catches by species (FAO 3 Alfa Code as defined in subsection 5 of this
section) by live weight (Kg), the proportion of the catch by live weight (Kg)
retained on board; and (c) for each haul:
After each hail report
the following details shall be entered in the logbook immediately: (a) date and time (UTC)
of transmission of the report; and (b) in
the case of a radio transmission, the name of the radio station through which
the report is transmitted. Fishing vessels, and if
appropriate, fishing research vessels engaged in fishing activities which
process and/or freeze their catch shall either: (a) record their
cumulative production by species (FAO 3 Alfa Code), by live weight (Kg), and
product form in a production logbook; or (b) stow
in the hold all processed catch in such a way that the location of each
species can be identified from a stowage plan maintained by the master of the
fishing vessel. The quantities recorded
in accordance with paragraph 2 shall correspond accurately to the quantities
kept on board. The original recordings contained in the fishing logbooks
shall be kept on board the fishing vessel and if appropriate, fishing
research vessel, for a period of at least 12 months. 5. FAO 3 ALFA Code
(adapted)
6. Reporting of catch
and fishing effort Each Contracting Party
shall report to the Secretariat the catch, in metric tonnes per species,
taken in the Convention Area on a monthly basis. Such reports shall specify
the month to which each report refers and shall be submitted within 30 days
following the end of the month in which the fishing occurred. The Secretariat shall,
within 15 days following the monthly deadlines for receipt of the provisional
catch statistics, collate the information received and circulate it to the
Contracting Parties. 7. Communication of
vessel movements and catches Each Contracting Party
shall ensure that its fishing vessels and fishing research vessels authorised
to fish in the Convention Area and which are engaged in fishing shall
communicate vessel movements and catch reports to its competent authorities
and to the Secretariat if the Contracting Party so desires. The timing and
content of the reports shall include the following: Entry report. This report shall be made no
more than 12 hours and at least six hours in advance of each entry into the Convention
Area and shall include entering date, time, geographical position of the
vessel and the quantity of fish on board by species (FAO 3 Alfa Code) and by
live weight (Kg); Catch report. This report shall be made by
species (FAO 3 Alfa Code) and by live weight (Kg) at the end of each calendar
month, or more frequently as required by the Contracting Party; Exit report. This report shall be made no more
than 12 hours and at least six hours in advance of each exit from the
Convention Area. The report shall include exiting date, time, geographical
position of the vessel, the number of fishing days and the catch taken by
species (FAO 3 Alfa Code) and by live weight (Kg) in the Convention Area
since the commencement of fishing in the Convention Area, or since the last
catch report; and Transhipment report. This report shall be made no more
than 12 hours after each transhipment and shall include the date, the time,
and species (FAO 3 Alfa Code) and live weight (Kg), transhipped. This report
should include the quantities by species on-loaded and off-loaded for each transhipment of fish during the vessel’s stay in
the Convention Area. SECTION THREE:
Scientific observation and collection of information to support stock
assessment To the greatest extent
possible, each Contracting Party shall collect from each fishing vessel and
fishing research vessel flying its flag and authorised to fish in the
Convention Area, the following information to support stock assessment,
including: (a) composition of the
catch according to length, weight (Kg) and sex, including the establishment
of factors to convert production weight to live catch weight; (b) other biological
information supporting stock assessment, such as information on age, growth,
recruitment, distribution and stock identity; and (c) other
relevant information, as appropriate, including by surveys of abundance,
biomass surveys, hydro-acoustic surveys, research on environmental factors
affecting stock abundance, and oceanographic and ecological studies. Each Contracting Party
shall require the submission of this information, in respect of each vessel
flying its flag, within 30 days of leaving the Convention Area. The
Contracting Party shall provide a copy of the information to the Secretariat
as soon as possible, taking account of the need to maintain confidentiality
of non-aggregated data. The information referred
to in this section shall, to the greatest extent possible, be collected and
verified by appropriately designated observers from the flag State not later
than six months after these interim measures enter into force. |