Convention for the Establishment of the Lake Victoria Fisheries Organization

 

ARTICLE X
National consultations

1. Each Contracting Party shall establish a National Committee for Lake
Victoria Fisheries, headed by the Chief Executive Officer of the ministry
responsible for fisheries management, or his authorized representative, to serve
as a forum for consultation, coordination and information on activities
concerning Lake Victoria.

2. Each National Committee for Lake Victoria Fisheries shall be composed of, but
not limited to, representatives from:

i) the departments or various institutions responsible for fisheries, scientific
research, environment, agriculture, forestry, water quality, planning industry,
development, tourism and finance;

ii) representatives of the private sector whose activities have an impact upon
or derive benefit from Lake Victoria ecological systems.

ARTICLE XI
Observers

1. States indirectly concerned with the living resources and the quality of the
water resources of Lake Victoria may be granted observer status by the Council
of Ministers. Observer States may participate, without right to vote, in
meetings of all the statutory bodies of the Organization.

2. Any State interested in the activities of the Organization may, upon its
request, be invited to be represented by an observer at sessions of the Council
of Ministers and the Executive Committee. It may submit memoranda and with the
permission of the Chairman, participate without vote in the discussions.

3. The Executive Committee may invite intergovernmental, non-governmental
organizations or any other entity having special competence in the field of the
Organization’s activities to attend such sessions as the Executive Committee may
specify.
ARTICLE XII
National measures

1. The Contracting Parties hereby agree to take all necessary measures including
legislative measures when appropriate, in accordance with their respective
constitutional procedures and national laws to implement the decisions of the
Organization’s Governing bodies.

2. (a) Each Contracting Party shall enforce its national laws and regulations
adopted pursuant to paragraph 1 of this Article:

(i) in respect of its own territory and territorial waters;

(ii) in respect of its own nationals, except where one or both of the other
Contracting Parties asserting jurisdiction described in subparagraph (a) has
already initiated and maintained enforcement action in respect of the same
conduct; and

(iii) in respect of fish landed in its territory;

(b) except to the extent the Council of Ministers may decide otherwise, each
Contracting Party shall remain free to impose such penalties in accordance with
its national laws as it may determine to be necessary to fulfil its obligations.

3. The Contracting Parties hereby agree to adopt, enforce and maintain in effect
laws and regulations prohibiting the introduction of non-indigenous species to
Lake Victoria, other than in accordance with a decision of the Council of
Ministers pursuant to Article VI.1(m).

4. Subject to paragraph 1 of this Article, nothing in this Convention shall be
interpreted as preventing a Contracting Party from exercising fully its
sovereign powers in respect of any of the subject matters of this Convention. In
particular, each Contracting Party shall remain free to adopt national laws and
regulations more stringent or extensive than those required to fulfil its
obligations.

5. Each Contracting Party shall provide the Organization with access to all
laws, regulations and all documents, data and reports, pertaining to fish
landings, stock assessments, living resources of Lake Victoria or any other
matter which is the subject of resource management and utilization, and research
pursuant to Article II.2, subject to reasonable and practical requirements.

6. The Executive Secretary shall, without undue delay, notify the Contracting
Parties of any decision or recommendation adopted by the Council of Ministers or
the Executive Committee.

7. The Executive Secretary shall, upon the direction of the Executive Committee
or upon the request of Observer States or organizations and subject to approval
from the Executive Committee, notify such Observer States or organizations of
decisions or recommendations adopted by the Council of Ministers or the
Executive Committee.
8. Each Contracting Party shall transmit to the Organization an annual statement
of the measures it has taken to implement the decisions of the Council of
Ministers and the Executive Committee. Such statement shall be sent to the
Executive Secretary not later than sixty days before the date of the next
regular session of the Executive Committee.

9. The Organization shall establish an appropriate system to keep under
review the laws, regulations and other measures adopted by the Contracting
Parties for implementation of the decisions taken by the Council of Ministers or
the Executive Committee. It shall report regularly on the matter to the
Contracting Parties and, at each of their sessions, to the Council of Ministers
and the Executive Committee.

ARTICLE XIII
Research access

1. Where a programme of research has been agreed under Article II.3(d), the
Contracting Parties agree to facilitate access, in accordance with their
national laws and regulations, by research teams, including any vessel and all
equipment being used for that purpose, to their national territory and
territorial waters.

2. The Organization shall inform the Contracting Party or Parties in whose
territory or territorial waters any research has been authorised in accordance
with Article II.3(d), of the fact of such authorization.

ARTICLE XIV
Funding

1. The Council of Ministers shall approve the budget of the Organization which
shall be supported in part by revenues received under paragraph 4 below and the
remainder by equal contributions from the Contracting Parties. Each Contracting
Party undertakes to contribute its share of the budget as approved by the
Council of Ministers.

2. The Executive Committee shall submit a draft biennial budget of anticipated
joint expenses to the Contracting Parties for approval by the following session
of the Council of Ministers.

3. Contributions by the Contracting Parties shall be paid in freely convertible
currency into an account or accounts established by the Organization in a
banking institution of good standing.

4. The Organization may receive subventions, donations and legacies from any
suitable body, whether governmental or non-governmental, provided that the terms
of their use are compatible with the objectives of the Organization.

5. The Council of Ministers may determine from time to time procedures governing
the disbursement of funds under the control of the Executive Committee.

6. Unless otherwise determined by the Council of Ministers, funding shall be
provided for the members from each Contracting Party to attend sessions of the
Executive Committee.
7. Members of the committees, sub-committees or working groups established by or
pursuant to Articles VI.1(k) or VII.6(d) shall be entitled to such allowances as
may be determined from time to time by the Council of Ministers in relation to
expenses incurred in their attendance at meetings of their respective
committees, sub-committees or working groups, or otherwise in connection with
the discharge of their responsibilities.

8. The Executive Committee shall submit annual audited accounts to the
Contracting Parties not more than ninety days after the conclusion of the
financial year to which they relate.

ARTICLE XV
Annual Report

The Executive Secretary shall submit annually to the Contracting Parties a
report on the discharge of the Organization’s duties during the preceding year.
The recommendations received by the Executive Committee from the committees,
sub-committees and working groups during such year shall be appended to the
annual report, along with an explanation of its response to each such
recommendation.

ARTICLE XVI
Territorial limits of Contracting Parties

Nothing in this Convention shall be interpreted as affecting the existing
territorial limits of the Contracting Parties, or of their sovereignty in
respect of the portions of Lake Victoria falling within their respective
boundaries.

 

Author: international

Mentioned in these Entries

Convention for the Establishment of the Lake Victoria Fisheries Organization.