Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries

Article XVII

The Contracting Parties agree to take such action, including the
imposition of adequate sanctions for violations, as may be necessary to
make effective the provisions of the Convention and to implement any
measures which become binding under paragraph 7 of Article XI and any
measures which are in force under Article XXIII. Each Contracting Party
shall transmit to the Commission an annual statement of the actions taken
by it for these purposes.

Article XVIII

The Contracting Parties agree to maintain in force and to implement
within the Regulatory Area a scheme of joint international enforcement as
applicable pursuant to Article XXIII or as modified by measures referred
to in paragraph 5 of Article XI. This scheme shall include provision for
reciprocal rights of boarding and inspection by the Contracting Parties
and for flag State prosecution and sanctions on the basis of evidence
resulting from such boardings and inspections. A report of such
prosecutions and sanctions imposed shall be included in the annual
statement referred to in Article XVII.

Article XIX

The Contracting Parties agree to invite the attention of any State not a
Party to this Convention to any matter relating to the fishing activities
in the Regulatory Area of the nationals or vessels of that State which
appear to affect adversely the attainment of the objectives of this
Convention. The Contracting Parties further agree to confer when
appropriate upon the steps to be taken towards obviating such adverse
effects.

Article XX

1. The Convention Area shall be divided into scientific and statistical
sub-areas, divisions and subdivisions, the boundaries of which shall be
those defined in Annex III to this Convention.

2. On the request of the Scientific Council, the General Council may by a
two-thirds majority vote of all Contracting Parties, if deemed necessary
for scientific or statistical purposes, modify the boundaries of the
scientific and statistical sub-areas, divisions and subdivisions set out
in Annex 111, provided that each coastal State exercising fisheries
jurisdiction in any part of the area affected concurs in such action.

3. On the request of the Fisheries Commission and after having consulted
the Scientific Council, the General Council may by a two-thirds majority
vote of all Contracting Parties, if deemed necessary for management
purposes, divide the Regulatory Area into appropriate regulatory
divisions and subdivisions. These may subsequently be modified in
accordance with the same procedure. The boundaries of any such divisions
and subdivisions shall be defined in Annex III.

4. Annex III to this Convention, either in its present terms or as
modified from time to time pursuant to this Article, forms an integral
part of this Convention.

Article XXI

1. Any Contracting Party may propose amendments to this Convention to be
considered and acted upon by the General Council at an annual or a
special meeting. Any such proposed amendment shall be sent to the
Executive Secretary at least ninety days prior to the meeting at which it
is proposed to be acted upon and the Executive Secretary shall
immediately transmit the proposal to all Contracting Parties.

2. The adoption of a proposed amendment to the Convention by the General
Council shall require a three-fourths majority of the votes of all
Contracting Parties. The text of any proposed amendments so adopted shall
be transmitted by the Depositary to all Contracting Parties.

3. An amendment shall take effect for all Contracting Parties one hundred
and twenty days following the date of transmittal specified in the
notification by the Depositary of receipt of written notification of
approval by three-fourths of all Contracting Parties unless any other
Contracting Party notifies the Depositary that it objects to the
amendment within ninety days of the date of transmittal specified in the
notification by the Depositary of such receipt, in which case the
amendment shall not take effect for any Contracting Party. Any
Contracting Party which has objected to an amendment may at any time
withdraw that objection. If all objections to an amendment are withdrawn,
the amendment shall take effect for all Contracting Parties one hundred
and twenty days following the date of transmittal specified in the
notification by the Depositary of receipt of the last withdrawal.

4. Any Party which becomes a Contracting Party to the Convention after an
amendment has been adopted in accordance with paragraph 2 shall be deemed
to have approved the said amendment.

5. The Depositary shall promptly notify all Contracting Parties of the
receipt of notifications of approval of amendments, the receipt of
notifications of objection or withdrawal of objections, and the entry
into force of amendments.

Article XXII

1. This Convention shall be open for signature at Ottawa until 31
December 1978, by the Parties represented at the Diplomatic Conference on
the Future of Multilateral Cooperation in the Northwest Atlantic
Fisheries, held at Ottawa from 11 to 21 October 1977. It shall thereafter
be open for accession.

2. This Convention shall be subject to ratification, acceptance or
approval by the Signatories and the instruments of ratification,
acceptance or approval shall be deposited with the Government of Canada
referred to in this Convention as “the Depositary”.

3. This Convention shall enter into force upon the first day of January
following the deposit of instruments of ratification, acceptance or
approval by not less than six Signatories, at least one of which
exercises fisheries jurisdiction in waters forming part of the Convention
Area.

4. Any party which has not signed this Convention may accede thereto by a
notification in writing to the Depositary. Accessions received by the
Depositary prior to the date of entry into force of this Convention shall
become effective on the date this Convention enters into force.
Accessions received by the Depositary after the date of entry into force
of this Convention shall become effective on the date of receipt by the
Depositary.

5. The Depositary shall inform all Signatories and all Contracting
Parties of all ratifications, acceptances or approvals deposited and
accessions received.

6. The Depositary shall convene the initial meeting of the Organization
to be held not more than six months after the coming into force of the
Convention, and shall communicate the provisional agenda to each
Contracting Party not less than one month before the date of the meeting.

Article XXIII

Upon the entry into force of this Convention, each proposal that has been
transmitted or is effective at that time under Article VIII of the
International Convention for the Northwest Atlantic Fisheries, 1949,
(“the ICNAF Convention”) shall, subject to the provisions of the ICNAF
Convention, become a measure binding on each Contracting Party with
respect to the Regulatory Area immediately, if the proposal has become
effective under the ICNAF Convention, or at such time as it becomes
effective thereunder. Subject to paragraph 3 of Article XII of this
Convention, each such measure shall remain binding on each Contracting
Party, until such time as it expires or is replaced by a measure which
has become binding pursuant to Article XI of this Convention; provided
that no such replacement shall take effect before this Convention has
been in force for one year.

Article XXIV

1. Any Contracting Party may withdraw from the Convention on 31 December
of any year by giving notice on or before the preceding 30 June to the
Depositary, which shall communicate copies of such notice to other
Contracting Parties.

2. Any other Contracting Party may thereupon withdraw from the Convention
on the same 31 December by giving notice to the Depositary within one
month of the receipt of a copy of a notice of withdrawal given pursuant
to paragraph 1.

Article XXV

1. The original of the present Convention shall be deposited with the
Government of Canada, which shall communicate certified copies thereof to
all the Signatories and to all the Contracting Parties.

2. The Depositary shall register the present Convention with the
Secretariat of the United Nations.

In witness whereof the undersigned, being duly authorized thereto, have
signed this Convention.

Done at Ottawa, this 24th day of October, 1978, in a single original, in
the English and French languages, each text being equally authentic.

Author: international

Mentioned in these Entries

Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries.