Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries

 

Article 1

1. The area to which this Convention applies, hereinafter referred to as
‘the Convention area’, shall be the waters:

(a) within those parts of the Atlantic and Arctic Oceans and their
dependent seas which lie north of 36d* north latitude and between 42d*
west longitude and 51d* east longitude, but excluding:

(i) the Baltic Sea and the Belts lying to the south and east of lines
drawn from Hasenore Head to Gniben Point, from Korshage to
Spodsbierg and from Gilbierg Head to the Kullen, and
(ii) the Mediterranean Sea and its dependent seas as far as the point of
intersection of the parallel of 36d* latitude and the meridian of
5d*36′ west longitude,

(b) within that part of the Atlantic Ocean north of 59d* north
latitude and between 44d* west longitude and 42d* west longitude.

2. This Convention applies to all fishery resources of the Convention
area with the exception of sea mammals, sedentary species, i.e. organisms
which, at the harvestable stage, either are immobile on or under the
seabed or are unable to move except in constant physical contact with the
seabed or the subsoil and, in so far as they are dealt with by other
international agreements, highly migratory species and anadromous stocks.

Article 2

Nothing in this Convention shall be deemed to affect the rights, claims,
or views of any Contracting Party with regard to the limits or extent of
jurisdiction over fisheries.

Article 3

1. For the purposes of this Convention the Contracting Parties agree to
establish and maintain a North-East Atlantic Fisheries Commission,
hereinafter referred to as ‘the Commission’.

2. The Commission shall have legal personality and shall enjoy in its
relations with other International Organizations and in the territories
of the Contracting Parties such legal capacity as may be necessary to
perform its functions and achieve its ends.

3. Each Contracting Party shall appoint to the Commission not more than
two representatives who may be accompanied at any of its meetings by
experts and advisers.

4. The Commission shall elect its own president and not more than two
vice-presidents.

5. The office of the Commission shall be in London.

6. Except when the Commission determines otherwise, it shall meet once a
year in London at such time as it decides; provided, however, that upon
the request of a Contracting Party and subject to the concurrence of
three other Contracting Parties, the President shall, as soon as
practicable, convene a meeting at such time and place as he may
determine.

7. The Commission shall appoint its own secretary and such other staff as
it may require.

8. The Commission may set up such committees and other subsidiary bodies
as it considers desirable for the exercise of its duties and functions.

9. Each Contracting Party shall have one vote in the Commission.
Decisions of the Commission shall be taken by a simple majority, or, if
this Convention specifically requires a qualified majority, by a two-
thirds majority of the votes of all Contracting Parties present and
casting affirmative or negative votes, provided that no vote shall be
taken unless there is a quorum of at least two-thirds of the Contracting
Parties. If there is an even division of votes on any matter which is
subject to a simple majority decision, the proposal shall be regarded as
rejected.

10. Subject to the provisions of this Article, the Commission shall adopt
its own Rules of Procedure, including provisions for the election of the
president and vice-presidents and their terms of office.

11. Reports of the proceedings of the Commission shall be transmitted as
soon as possible to the Contracting Parties in English and French.

Article 4

1. The Commission shall perform its functions in the interests of the
conservation and optimum utilization of the fishery resources of the
Convention area and shall take into account the best scientific evidence
available to it.

2. The Commission shall provide a forum for consultation and exchange of
information on the state of the fishery resources in the Convention area
and on management policies, including examination of the overall effect
of such policies on the fishery resources.

Article 5

1. The Commission shall as appropriate, make recommendations concerning
fisheries conducted beyond the areas under fisheries jurisdiction of
Contracting Parties. Such recommendations shall be adopted by a qualified
majority.

2. The Commission in the exercise of its functions under paragraph 1
shall seek to ensure consistency between:

(a) any recommendation that applies to a stock or group of stocks
occurring both within an area under the fisheries jurisdiction of a
Contracting Party and beyond, or any recommendation that would have an
effect through species inter-relationships on a stock or group of stocks
occurring in whole or in part within an area under the fisheries
jurisdiction of a Contracting Party, and

(b) any measures and decisions taken by such Contracting Party for
the management and conservation of that stock or group of stocks with
respect to fisheries conducted within the area under its fisheries
jurisdiction.

The appropriate Contracting Party and the Commission shall accordingly
promote the coordination of such recommendations, measures and decisions.

3. For the purpose of paragraph 2 each Contracting Party shall keep the
Commission informed of its measures and decisions.

Article 6

1. The Commission may make recommendations concerning fisheries conducted
within an area under fisheries jurisdiction of a Contracting Party,
provided that the Contracting Party in question so requests and the
recommendation receives its affirmative vote.

2. The Commission may give advice concerning fisheries referred to in
paragraph 1 if the Contracting Party in question so requests.

Article 7

In the exercise of its functions, as set out in Articles 5 and 6, the
Commission may consider inter alia measures for:

(a) the regulation of fishing gear and appliances, including the size
of mesh of fishing nets,

(b) the regulation of the size limits of fish that may be retained on
board vessels, or landed or exposed or offered for sale,

(c) the establishment of closed seasons and of closed areas,

(d) the improvement and increase of fishery resources, which may
include artificial propagation, the transplantation of organisms and the
transplantation of young,

(e) the establishment of total allowable catches and their allocation
to Contracting Parties,

(f) the regulation of the amount of fishing effort and its allocation
to Contracting Parties.

 

Author: international

Mentioned in these Entries

Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries 2, Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries 3, Conventions: Chronological Index 1971-1990, International Organizations, Marine and Coastal conventions.