Paragraphs in "Convention On The Conservation And Management Of Pollock Resources In The Central Bering Sea" coded as SUBS

Displaying 1 - 46 of 46
Label Provision
Art.7 Article VII
Art.7.1 1. The Annual Conference shall establish by consensus the AHL for the succeeding year, based upon an assessment of the Aleutian Basin pollock biomass by the Scientific and Technical Committee.
Art.7.2 2. If every effort to achieve consensus has failed, the AHL shall be determined in accordance with the provisions of Part 1 of the Annex.
Art.8 Article VIII
Art.8.1 1. The Annual Conference shall establish by consensus the INQ for the succeeding year for each Party, the total of which shall not exceed the AHL, with the understanding that an INQ shall riot be transferred to any other Party or non-Party to this Convention.
Art.8.2 2. If every effort to achieve consensus has failed, the Parties agree that fishing for pollock in the Convention Area shall take place pursuant to the provisions of Part 2 of the Annex.
Art.11 Article XI
Art.11.1 1. Each Party shall take all necessary measures to ensure that its nationals and fishing vessels flying its flag comply with the provisions of this Convention and measures adopted pursuant thereto. For purposes of this Convention, "fishing vessel" means any vessel used or intended for use for the purposes of the commercial exploitation of living marine resources, including mother ships and any other vessels directly engaged in such fishing operations.
Art.11.2 2. Each Party shall:
Art.11.2.a (a) ensure that its fishing vessels fish for pollock in the Convention Area only pursuant to specific authorization issued by that Party; and
Art.11.2.b (b) ensure that fishing operations for pollock by its fishing vessels undertaken in violation of the provisions of this Convention or of such authorization constitute an offense under its national legislation.
Art.11.3 3. Each Party shall require its fishing vessels that fish for pollock in the Convention Area:
Art.11.3.a (a) to use real-time satellite position-fixing transmitters while in the Bering Sea,
Art.11.3.b (b) to notify the other Parties of their intention to enter the Convention Area 48 hours prior to such entry, the procedures for which shall be established by the Annual Conference; and
Art.11.3.c (c) to notify the other Parties of the location of any transshipments of fish and fish products to transport vessels 24 hours prior to such transshipment.
Art.11.4 4. The Parties shall exchange:
Art.11.4.a (a) information collected by real-time satellite position-fixing transmitters on a real time basis through bilateral channels; and
Art.11.4.b (b) catch data on a sufficiently regular basis, established by the Annual Conference to ensure effective implementation of the relevant conservation and management measures.
Art.11.5 5. The Parties shall establish a Central Bering Sea Observer Program in accordance with the following principles:
Art.11.5.a (a) Each fishing vessel of the Parties that fishes for pollock in the Convention Area shall accept one observer of a Party other than its flag-State Party, upon request of such Party, under conditions established bilaterally sufficiently in advance by the Parties concerned. If such an observer is not available, the fishing vessel shall have on board one observer from its flag-State Party.
Art.11.5.b (b) The observers shall be trained and certified in accordance with the procedures to be included in the Program.
Art.11.5.c (c) The Program shall have as its objective a significant level of coverage by observers sent by non-flag-State Parties.
Art.11.5.d (d) With respect to observers sent by non-flag-State Parties, each Party shall require its fishing vessels to bear the costs of meals and accommodation of such observers. Other matters relating to costs shall be arranged between the parties concerned.
Art.11.5.e (e) The activities of observers shall include monitoring the implementation of conservation and management measures adopted pursuant to this Convention (e. g. , measures relating to fishing activities, location thereof, incidental catch, and fishing gear) and reporting of their findings to the flag-State Party and observer's Party.
Art.11.6 6. Each Party may enforce the provisions of this Convention within the Convention Area in accordance with the following:
Art.11.6.a (a) Each Party consents to the boarding and inspection of fishing vessels flying its flag and located in the Convention Area by duly authorized officials of any other Party for compliance with this Convention or measures adopted pursuant thereto.
Art.11.6.b (b) Such Officials may inspect the vessel (other than crew quarters and engineering spaces), catch, fishing gear, and relevant documents and logbooks, and question the master, the fishing master, and other officers on board.
Art.11.6.c (c) When conducting inspections, such officials shall present credentials issued by their Governments, minimize interference with and inconvenience to the operations of the fishing vessel undertaken pursuant to this Convention, and follow procedures set forth in a manual adopted by the Annual Conference.
Art.11.7 7. Where an inspection of a fishing vessel undertaken under paragraph 6 above reveals evidence of a violation of the provisions of this Convention or of measures adopted pursuant thereto:
Art.11.7.a (a) The flag-State Party shall be notified promptly of alleged violations. The flag State Party shall take appropriate measures in accordance with its national laws and regulations, including prompt investigation. The flag-State Party shall order the fishing vessel to cease operations in violation of the provisions of this Convention or of measures adopted pursuant thereto and, in appropriate cases, shall order the fishing vessel to leave the Convention Area immediately.
Art.11.7.b (b) In any case in which the fishing vessel has:
Art.11.7.b.i i. engaged in fishing for pollock, other than trial fishing, in the Convention Area in any year:
Art.11.7.b.i.1 (1) in which tile AHL is zero;
Art.11.7.b.i.2 (2) while fishing for pollock is not allowed in accordance with the provisions of this Convention;
Art.11.7.b.i.3 (3) after the total catch of pollock of the fishing vessel's Party has reached the INQ of that Party;
Art.11.7.b.ii ii. operated in the Convention Area without specific authorization from the flag-State Party; or
Art.11.7.b.iii iii. operated in the Convention Area without an observer or without an operable real-time satellite position-fixing transmitter, in circumstances set forth in a manual adopted by the Annual Conference;
Art.11.7.b.ivx and the flag-State Party is not in a position to take immediate control or otherwise carry out its responsibility for the operation of the fishing vessel, the officials of the boarding Party may continue the boarding initiated under paragraph 6 above until officials of the flag-State Party board the fishing vessel or the flag-State Party otherwise carries out its responsibility for the operation of the fishing vessel. In such circumstances, the Parties concerned shall cooperate to ensure full compliance with this Convention and with conservation and management measures adopted pursuant thereto. In particular, the Parties concerned shall consult and take such practical steps as may be necessary to ensure such compliance.
Art.11.7.c (c) Only the authorities of the flag-State Party may try the offense and impose penalties therefor. The evidence necessary for establishing the offense, insofar as it is under the control of any of the Parties, shall be furnished, in accordance with the respective laws and regulations of the Parties, as promptly as possible to the Party having jurisdiction to try the offense and shall be taken into account, and utilized as appropriate, by the relevant authorities of that Party.
Art.11.7.d (d) Penalties provided for in the relevant laws and regulations of the Parties shall reflect the seriousness of the infractions.
Art.12 Article XII
Art.12.1 1. The Parties agree to invite the attention of any non-Party to this Convention to any matter relating to the fishing operations of its nationals, residents, or vessels flying its flag that could affect adversely the attainment of the objectives of this Convention.
Art.12.2 2. The Parties shall, consistent with international law, encourage any non-Party to the provisions of' this Convention and any conservation and management measures adopted pursuant thereto.
Art.12.3 3. If fishing operations by nationals, residents, or vessels of any non-Party could affect adversely the attainment of the objectives of this Convention, the Parties shall take measures, individually or collectively, are consistent with international law, and which they deem necessary and appropriate, to deter such operations.
Art.12.4 4. Each Party shall take appropriate measures aimed at preventing fishing vessels registered under its laws and regulations from transferring their registration for the purpose of avoiding compliance with the provisions of this Convention or conservation and management measures adopted pursuant thereto.
Art.12.5 5. The Parties may, by unanimous agreement, invite the representative of any non-Party to participate as an observer at the Annual Conferences.