Paragraphs in "Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean" coded as SUBS

Displaying 1 - 98 of 98
Label Provision
Art.2 Article 2 Objective
Art.2.1x 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.
Art.3 Article 3 General principles
Art.3.1x In giving effect to the objective of this Convention, the Contracting Parties, where appropriate through the Organisation, shall, in particular:
Art.3.1x.a (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;
Art.3.1x.b (b) apply the precautionary approach in accordance with Article 7;
Art.3.1x.c (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;
Art.3.1x.d (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;
Art.3.1x.e (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
Art.3.1x.f (f) protect biodiversity in the marine environment.
Art.13 Article 13 Contracting Party obligations
Art.13.1 1. Each Contracting Party shall, in respect of its activities within the Convention Area:
Art.13.1.a (a) collect and exchange scientific, technical and statistical data with respect to fisheries resources covered by this Convention;
Art.13.1.b (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;
Art.13.1.c (c) take appropriate measures to verify the accuracy of such data;
Art.13.1.d (d) provide annually to the Organisation such statistical, biological and other data and information as the Commission may require;
Art.13.1.e (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
Art.13.1.f (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.
Art.13.2 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.
Art.13.3 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.
Art.13.4 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.
Art.13.5 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.
Art.13.6.a 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.
Art.13.6.b (b) Fishing opportunities granted to the Contracting Parties by the Commission shall be exercised exclusively by vessels flying the flag of Contracting Parties.
Art.13.7 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.
Art.13.8 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.
Art.14 Article 14 Flag State duties
Art.14.1 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.
Art.14.2 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.
Art.14.3 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:
Art.14.3.a (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;
Art.14.3.b (b) control of such vessels in the Convention Area by means of fishing authorisation;
Art.14.3.c (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;
Art.14.3.d (d) requirements for marking of fishing vessels and fishing gear for identification;
Art.14.3.e (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;
Art.14.3.f (f) regulation of transhipment to ensure that the effectiveness of conservation and management measures is not undermined;
Art.14.3.g (g) measures to permit access by observers from other Contracting Parties to carry out functions as agreed by the Commission; and
Art.14.3.h (h) measures to require the use of a vessel monitoring system as agreed by the Commission.
Art.14.4 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.
Art.15 Article 15 Port State duties and measures taken by a port State
Art.15.1 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.
Art.15.2 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.
Art.15.3 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.
Art.15.4 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.
Art.15.5 5. Nothing in this article affects the exercise by States of their sovereignty over ports in their territory in accordance with international law.
Art.15.6 6. All measures taken under this article shall be taken in accordance with international law.
Art.16 Article 16 Observation, inspection, compliance and enforcement
Art.16.1 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.
Art.16.2 2. In establishing the System, the Commission shall be guided, inter alia, by the following principles:
Art.16.2.a (a) fostering of cooperation among Contracting Parties to ensure effective implementation of the System;
Art.16.2.b (b) a System which is impartial and non-discriminatory in nature;
Art.16.2.c (c) verification of compliance with conservation and management measures agreed by the Commission; and
Art.16.2.d (d) prompt action on reports of infringements in contravention of measures agreed by the Commission.
Art.16.3 3. In applying these principles the System shall, inter alia, comprise the following elements:
Art.16.3.a (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;
Art.16.3.b (b) an inspection programme, both at sea and in port, including procedures for boarding and inspection of vessels, on a reciprocal basis;
Art.16.3.c (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
Art.16.3.d (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.
Art.16.4 4. The System shall have a multilateral and integrated character.
Art.16.5 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.
Art.16.6 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.
Art.19 Article 19 Compatibility of conservation and management measures
Art.19.1 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.
Art.19.2 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.
Art.19.3 3. Each Contracting Party shall keep the Commission informed of its measures and decisions taken in accordance with this Article.
Art.21 Article 21 Recognition of the special requirements of developing States in the region
Art.21.1 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.
Art.21.2 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:
Art.21.2.a (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;
Art.21.2.b (b) the need to avoid adverse impacts on, and ensure access to fisheries by, subsistence, small-scale and artisanal fishers and women fishworkers; and
Art.21.2.c (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.
Art.21.3 3. The Contracting Parties shall cooperate through the Commission and other subregional or regional organisations involved in the management of fishery resources:
Art.21.3.a (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
Art.21.3.b (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.
Art.21.4 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:
Art.21.4.a (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;
Art.21.4.b (b) stock assessment and scientific research; and
Art.21.4.c (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.
Art.22 Article 22 Non-Parties to this Convention
Art.22.1 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.
Art.22.2 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.
Art.22.3 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.
Art.22.4 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.
Art.23 Article 23 Implementation
Art.23.1 1. Conservation and management and control measures adopted by the Commission shall become binding on the Contracting Parties in the following manner:
Art.23.1.a (a) the Executive Secretary shall notify promptly in writing all Contracting Parties of such a measure following its adoption by the Commission;
Art.23.1.b (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;
Art.23.1.c (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;
Art.23.1.d (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:
Art.23.1.d.i (i) the Contracting Party considers that the measure is inconsistent with the provisions of this Convention;
Art.23.1.d.ii (ii) the Contracting Party cannot practicably comply with the measure;
Art.23.1.d.iii (iii) the measure unjustifiably discriminates in form or in fact against the Contracting Party; or
Art.23.1.d.iv (iv) other special circumstances apply;
Art.23.1.e (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);
Art.23.1.f (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
Art.23.1.g (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.
Art.23.2 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.
Art.23.3 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.