Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries

Article VII

1. The Scientific Council shall, at the request of a coastal State,
consider and report on any question pertaining to the scientific basis
for the management and conservation of fishery resources in waters under
the fisheries jurisdiction of that coastal State within the Convention
Area.

2. The coastal State shall, in consultation with the Scientific Council,
specify terms of reference for the consideration of any question referred
to the Council pursuant to paragraph 1. These terms of reference shall
include, along with any other matters deemed appropriate, such of the
following as are applicable:

(a) a statement of the question referred, including a description of
the fisheries and area to be considered;

(b) where scientific estimates or predictions are sought, a
description of any relevant factors or assumptions to be taken into
account; and

(c) where applicable, a description of any objectives the coastal
State is seeking to attain and an indication of whether specific advice
or a range of options should be provided.

Article VIII

The Scientific Council shall consider and report on any question referred
to it by the Fisheries Commission pertaining to the scientific basis for
the management and conservation of fishery resources within the
Regulatory Area and shall take into account the terms of reference
specified by the Fisheries Commission in respect of that question.

Article IX

1. Each Contracting Party shall be a member of the Scientific Council and
shall appoint to the Council its own representatives who may be
accompanied at any of its meetings by alternates, experts and advisers.

2. The Scientific Council shall elect a Chairman and a Vice-Chairman,
each of whom shall serve for a term of two years and shall be eligible
for re-election but shall not serve for more than four years in
succession. The Chairman and Vice-Chairman shall be representatives of
different Contracting Parties.

3. Any meeting of the Scientific Council, other than the annual meeting
convened pursuant to Article IV, may be called by the Chairman at such
time and place as the Chairman may determine, upon the request of a
coastal State or upon the request of a Contracting Party with the
concurrence of another Contracting Party.

4. The Scientific Council may establish such Committees and Subcommittees
as it considers desirable for the exercise of its duties and functions.

Article X

1. Scientific advice to be provided by the Scientific Council pursuant to
this Convention shall be determined by consensus. Where consensus cannot
be achieved, the Council shall set out in its report all views advanced
on the matter under consideration.

2. Decisions of the Scientific Council with respect to the election of
officers, the adoption and the amendment of rules and other matters
pertaining to the organization of its work shall be taken by a majority
of votes of all Contracting Parties present and casting affirmative or
negative votes, and for these purposes each Contracting Party shall have
one vote. No vote shall be taken unless there is a quorum of at least
two-thirds of the Contracting Parties.

3. The Scientific Council shall adopt, and amend as occasion may require,
rules for the conduct of its meetings and for the exercise of its
functions.

Article XI

1. The Fisheries Commission, hereinafter referred to as “the Commission”,
shall be responsible for the management and conservation of the fishery
resources of the Regulatory Area in accordance with the provisions of
this Article.

2. The Commission may adopt proposals for joint action by the Contracting
Parties designed to achieve the optimum utilization of the fishery
resources of the Regulatory Area. In considering such proposals, the
Commission shall take into account any relevant information or advice
provided to it by the Scientific Council.

3. In the exercise of its functions under paragraph 2, the Commission
shall seek to ensure consistency between:

(a) any proposal that applies to a stock or group of stocks occurring
both within the Regulatory Area and within an area under the fisheries
jurisdiction of a coastal State, or any proposal that would have an
effect through species interrelationships on a stock or group of stocks
occurring in whole or in part within an area under the fisheries
jurisdiction of a coastal State; and

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

The appropriate coastal State and the Commission shall accordingly
promote the coordination of such proposals, measures and decisions. Each
coastal State shall keep the Commission informed of its measures and
decisions for the purpose of this Article.

4. Proposals adopted by the Commission for the allocation of catches in
the Regulatory Area shall take into account the interests of Commission
members whose vessels have traditionally fished within that Area, and, in
the allocation of catches from the Grand Banks and Flemish Cap,
Commission members shall give special consideration to the Contracting
Party whose coastal communities are primarily dependent on fishing for
stocks related to these fishing banks and which has undertaken extensive
efforts to ensure the conservation of such stocks through international
action, in particular, by providing surveillance and inspection of
international fisheries on these banks under an international scheme of
joint enforcement.

5. The Commission may also adopt proposals for international measures of
control and enforcement within the Regulatory Area for the purpose of
ensuring within that Area the application of this Convention and the
measures in force thereunder.

6. Each proposal adopted by the Commission shall be transmitted by the
Executive Secretary to all Contracting Parties, specifying the date of
transmittal for the purposes of paragraph 1 of Article XII.

7. Subject to the provisions of Article XII, each proposal adopted by the
Commission under this Article shall become a measure binding on all
Contracting Parties to enter into force on a date determined by the
Commission.

8. The Commission may refer to the Scientific Council any question
pertaining to the scientific basis for the management and conservation of
fishery resources within the Regulatory Area and shall specify terms of
reference for the consideration of that question.

9. The Commission may invite the attention of any or all Commission
members to any matters which relate to the objectives and purposes of
this Convention within the Regulatory Area.

Author: international

Mentioned in these Entries

Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries.