Convention on the Conservation of the Living Resources of the South East Atlantic

 

Article I

I. The area to which this Convention shall apply, hereinafter referred to as the “Convention Area,”shall be all waters bounded by a line drawn as follows:

Beginning at a point at 6004’36″South latitude and 12019’48″East
longitude, thence in a northwesterly direction along a rhumb line to the point at the intersection of the meridian 120 East with the parallel 60 South, thence due west along this parallel to the meridian 200 West, thence due south along this meridian to the parallel 500 South, thence due east along this parallel to the meridian 400 East, thence due north along this meridian to the coast of the African continent, thence in a westerly direction along this coast to the original point of departure.

2. The eastern boundary at the meridian 400 East shall be reviewed if a convention for the conservation of the living resources of the sea is established applying to an area immediately adjacent to that boundary.

Article II

Nothing in this Convention shall be considered as affecting the rights, claims or views of any Contracting Party in regard to the limits of the territorial sea or to the extent of jurisdiction over fisheries under international law.

Article III
This Convention shall apply to all fish and other living resources in the Convention Area, with the exception of any such resources as may be excluded pursuant to arrangements or agreements entered into by the Commission in accordance with paragraph I of Article XI of this Convention.

Article IV

The Contracting Parties hereby agree to establish and to maintain a
Commission to be known as the International Commission for the Southeast Atlantic Fisheries, hereinafter referred to as the “Commission,”which shall carry out the functions set forth in this Convention.

Article V

1. The Commission shall hold a regular session at least once every two years. A special session shall be called at any time at the request of one Contracting Party provided that such request is supported by at least three other Contracting Parties.

2. Each of the Contracting Parties shall be represented on the Commission by not more than three Commissioners who may be accompanied by experts and advisers.

3. Each Contracting Party shall have one vote in the Commission. Except as may be otherwise provided in this Convention, decisions of the Commission shall be taken by a majority of two thirds of the Contracting Parties present and voting. Two thirds of the Contracting Parties shall constitute a quorum.

4. At each regular session the Commission shall elect from among the Commissioners the following officers: a Chairman, a First Vice-Chairman and a Second Vice-Chairman. These officers shall remain in office until the election of their successors at the next regular session and shall not be eligible to serve for more than two consecutive terms in the same office. A commissioner, when acting as Chairman, shall not vote.

5. The working languages of the Commission shall be English, French and Spanish.

6. The Commission shall adopt such rules of procedure and other internal administrative regulations as are necessary to carry out its functions. The rules of procedure of subsidiary bodies established by the Commission under Article VII may be adopted by such subsidiary bodies, but shall only enter into force upon approval by the Commission.

Article VI

1. In order to achieve the objectives set out in this Convention, the Commission shall be responsible for the study of all fish and other living resources in the Convention Area. Such study shall include research on the abundance, life history, biometry and ecology of these resources; and the study of their environment. In undertaking the study of these matters, the Commission shall collect, analyses publish and disseminate, by all appropriate means, statistical, biological and other scientific information on the said resources.

2. The Commission, in carrying out its responsibilities shall, insofar as feasible, utilize the technical and scientific services of, and infon-nation from, official agencies of the Contracting Parties. The Commission may, when necessary, utilize other services and information, and may also undertake, within the limits of its supplementary budget, independent research to supplement the research being done by governments, national institutions or other International Organizations .

3. The Contracting Parties shall furnish, on the request of the Commission, any avaflable statistical and other data and information the Commission may need for the purposes of the Convention.

Article VII

1. The Commission may establish a Regional Committee for each of the regions into which the Convention Area may be divided on an ecological basis and a Stock Committee with respect to any stock to be found in the Convention Area. The Commission may also establish a Scientific Advisory Council hereinafter referred to as the “Council. “The Commission may establish such other subsidiary bodies as are necessary for the performance of its functions, determining their composition and terms of reference in each case.

2. Regional Committees shall have the functions specified in this Article, except with respect to any stock for which a Stock Committee is competent.

3. A Regional or Stock Committee may initiate, on the basis of the results of scientific investigations, proposals regarding measures that are applicable to the region or stock for which it has been established and shall consider any proposals that may be referred to it by the Commission.

4. A Regional or Stock Committee may prepare draft recommendations
for consideration by the Commission. The Commission may adopt such draft recommendations, with any amendments it may consider desirable, in accordance with Article VIII of this Convention.

5. The Commission shall designate the Contracting Parties that may be represented on a Regional or Stock Committee. However, when a Regional or Stock Committee is established a Contracting Party shall automatically have the right to be represented thereon if it fishes in the region; or if it exploits the stock concerned; or if it has a coastline adjacent to the region concerned or the area where the stock is to be found. If a Contracting Party exploits a stock outside the region covered by a Regional or Stock Committee, it may be eligible to be represented thereon if the Commission so decides.

6. The functions of the Council shall be to advise and assist the Commission and its Regional and Stock Committees with respect to the scientific aspects of their responsibilities.

7. Each Contracting Party may send a delegation of scientists to the Council composed of as many experts as it whishes. The Council may establish subsidiary bodies and determine their composition.

8. The Council may, with the concurrence of the Commission, invite
other scientists or expert to participate in its deliberations in an advisory capacity.

9. The Council shall hold regular sessions whose timing shall be determined by the Commission in relation to its regular sessions. The Council may hold special sessions subject to the approval of the Commission.

Article VIII

1. The Commission may make, on its own initiative or on the proposal of a Regional or Stock Committee and on the basis of the results of scientific investigations, recommendations relating to the objectives of this Convention. These recommendations shall become binding on the Contracting Parties under the conditions laid down in Article IX.

2. The matters with respect to which the Commission may make recom-
mendations shall be:

(a) the regulation of the sizes of mesh of fishing nets;
(b) the regulation of the size limits of fish that may be retained on board any fishing craft or landed, or exposed or offered for sale;
(c) the establishment of open and closed seasons;
(d) the establishment of open and closed areas;
(e) the regulation of fishing gear and appliances, other than regulation of the size of mesh of fishing nets;
(f)the improvement and the increase of living resources, which may include artificial propagation, the transplantation and acclimatization of organisms, the transplantation of young, and predator control;
(g) the regulation of the total catch by st)e–ies, group of species or. if appropriate, by regions; and
(h) any other type of measure directly related to the conservation of all fish and other living resources in the Convention Area.

3. (a) If the Commission makes a recommendation under paragraph 2 (g) of this Article, it may invite the Contracting Parties concerned, as determined by the Commission, to elaborate agreements on the allocation of a total catch quota taking into account the fishing interests of all the countries concerned and ensuring, as far as possible, that all the countries concerned abide by the Commission’s recommendation for a total catch quota and by any agreed allocation.

(b) the terms of any such agreement shall be reported by the Contracting Parties concerned to the Commission as soon as possible. Without prejudice to the binding force of such agreements on the parties thereto, the Commission may thereupon make recommendations, pursuant to paragraph I of this Article, on the subject matter of the said agreements.

4. The Commission shall notify all Contracting Parties of recommendations adopted by the Commission.

 

Author: international

Mentioned in these Entries

Convention on the Conservation of the Living Resources of the South East Atlantic 2, Convention on the Conservation of the Living Resources of the South East Atlantic 3, Conventions: Chronological Index 1951-1970, International Organizations, Marine and Coastal conventions.