International Convention for the High Seas Fisheries of the Pacific Ocean 2

International Convention for the High Seas Fisheries of the Pacific Ocean

 

Article IV

1. In making its recommendations the Commission shall be guided by
the spirit and intent of this Convention and by the considerations
below mentioned.

a) Any conservation measures for any stock of fish decided upon
under the provisions of this Convention shall be recommended for
equal application to all Parties engaged in substantial
exploitation of such stock.

b) With regard to any stock of fish which the Commission
determines reasonably satisfies all the following conditions, a
recommendation shall be made as provided for in article III,
section 1, (b).

(i) Evidence based upon scientific research indicates that
more intensive exploitation of the stock will not provide a
substantial increase in yield which can be sustained year after
year.

(ii) The exploitation of the stock is limited or otherwise
regulated through legal measures by each Party which is
substantially engaged in its exploitation, for the purpose of
maintaining or increasing its maximum sustained productivity;
such limitations and regulations being in accordance with
conservation programs based on scientific research, and

(iii) The stock is the subject of extensive scientific study
designed to discover whether the stock is being fully utilized and
the conditions necessary for maintaining its maximum sustained
productivity.

Provided, however, that no recommendation shall be made for
abstention by a Contracting Party concerned with regard to: (1)
any stock of which at any time during the twenty-five years next
preceding the entry into force of this Convention has been under
substantial exploitation by that Party having regard to the
conditions referred to in section 2 of this article; (2) any stock
of fish which is harvested in greater part by a country or
countries not party to this Convention; (3) waters in which there
is historic intermingling of fishing operations of the Parties
concerned. intermingling of the stocks of fish exploited bv these
operations, and a long established history of joint conservation
and regulation among the parties concerned so that there is
consequent impracticability of segregating the operations and
administering control. It is recognized that the conditions
specified in subdivision (3) of this proviso apply to Canada and
the United States of America in the waters off the Pacific Coasts
of the United States of America and Canada from and including the
waters of the Gulf of Alaska southward and, therefore, no
recommendation shall be made for abstention by either the United
States of America or Canada in such waters.

2. In any decision or recommendation allowances shall be made for
the effect of strikes, wars, or exceptional economic or biological
conditions which may have introduced temporary declines in or
suspension of productivity exploitation. or management of the
stock of fish concerned.

Article V

1. The annex attached hereto forms an integral part of this
Convention. All references to “Convention”shall be understood as
including the said annex either, in its present terms or as
amended in accordance with the provisions of article VII.

2. The Contracting Parties recognize that any stock of fish
originally specified in the annex to this Convention fulfills the
conditions prescribed in article IV and accordingly agree that the
appropriate Party or Parties shall abstain from fishing such stock
and the Party or Parties participating in the fishing of such
stock shall continue to carry out necessary conservation measures.

Article VI

In the event that it shall come to the attention of any of the
Contracting Parties that the nationals or fishing vessels of any
country which is not a Party to this Convention appear to affect
adversely the operations of the Commission or the carrying out of
the objectives of this Convention, such Party shall call the
matter to the attention of other Contracting Parties. All the
Contracting Parties agree upon the request of such Party to confer
upon the steps to be taken towards obviating such adverse effects
or relieving any Contracting Party from such adverse effects.

Article VII

1. The annex to this Convention shall be considered amended from
the date upon which the Commission receives notification from all
the Contracting Parties of acceptance of a recommendation to amend
the annex made by the Commission in accordance with the provisions
of article III, section I or of the Protocol to this Convention.

2. The Commission shall notify all the Contracting Parties of the
date of receipt of each notification of acceptance of an amendment
to the annex.

Articel VIII

The Contracting Parties agree to keep as far as practicable all
records requested by the Commission and to furnish compilations of
such records and other information upon request of the Commission.
No Contracting Party shall be required hereunder to provide the
records of individual operations.

Article IX

1. The Contracting Parties agree as follows:

a) With regard to a stock of fish from the exploitation of which
any Contracting Party has agreed to abstain, the nationals and
fishing vessels of such Contracting Party are prohibited from
engaging in the exploitation of such stock of fish in waters
specified in the annex, and from loading, processing, possessing,
or transporting such fish in such waters.

b) With regard to a stock of fish for which a Contracting Party
has agreed to continue to carry out conservation measures, the
nationals and fishing vessels of such Party are prohibited from
engaging in fishing activities in waters specified in the annex in
violation of regulations established under such conservation
measures.

2. Each Contracting Party agrees, for the purpose of rendering
effective the provisions of this Convention, to enact and enforce
necessary laws and regulations, with regard to its nationals and
fishing vessel, with appropriate penalties against violations
thereof and to transmit to the Commission a report on any action
taken by it with regard thereto.

Article X

1. The Contracting Parties agree, in order to carry out faithfully
the provisions of this Convention, to co-operate with each other
in taking appropriate and effective measures and accordingly agree
as follows:

a) When a fishing vessel of a Contracting Party has been found in
waters in which that Party has agreed to abstain from exploitation
in accordance with the provisions of this Convention, the duly
authorized officials of any Contracting Party may board such
vessel to inspect its equipment, books, documents, and other
articles and question the persons on board. Such officials shall
present credentials issued by their respective Governments if
requested by the master of the vessel.

b) When any such person or fishing vessel is actually engaged in
operation in violation of the provisions of this Convention, or
there is reasonable ground to believe was obviously so engaged
immediately prior to boarding of such vessel by any such official,
the latter may arrest or seize such person or vessel. In that
case, the Contracting Party to which the official belongs shall
notify the Contracting Party to which such person or vessel
belongs of such arrest or seizure and shall deliver such vessel or
persons as promptly as practicable to the authorized officials of
the Contracting Party to which such vessel or person belongs at a
place to be agreed upon by both Parties. Provided, however, that
when the Contracting Party which receives such notifications
cannot immediately accept delivery and makes request, the
Contracting Party which gives such notification may keep such
person or vessel under surveillance within its own territory under
the conditions agreed upon by both of the Contracting Parties.

c) Only the authorities of the Party to which the above-mentioned
person or fishing vessel belongs may try the offence and impose
penalties therefor.
The witnesses and evidence necessary for establishing the offence,
so far as they are under the control of any of the Parties to this
Convention, shall be furnished as promptly as possible to the
Contracting Party having jurisdiction to try the offence.

2. With regard to the nationals or fishing vessels of one or more
Contracting Parties in waters with respect to which they have
agreed to continue to carry out conservation measures for certain
stocks of fish in accordance with the provisions of this
Convention, the Contracting Parties concerned shall carry out
enforcement severally or jointly. In that case, the Contracting
Parties concerned agree to report periodically through the
Commission to the Contracting Party which has agreed to abstain
from the exploitation of such stocks of fish on the enforcement
conditions, and also, if requested, to provide opportunity for
observation of the conduct of enforcement.

3. The Contracting Parties agree to meet, during the sixth year of
the operation of this Convention, to revel the effectiveness of
the enforcement provisions of this article and, if desirable, to
consider means by which they may more effectively be carried out.

Article XI

1. This Convention shall be ratified by the Contracting Parties in
accordance with their respective constitutional processes and the
instruments of ratification shall be exchanged as soon as possible
at Tokyo.

2. This Convention shall enter into force on the date of the
exchange of ratifications. It shall continue in force for a period
of ten years and thereafter until one year from the day on which a
Contracting Party shall give notice to the other Contracting
Parties of an intention of terminating the Convention, where upon
it shall terminate as to all Contracting Parties.

In Witness Whereof, the respective Plenipotentiaries duly
authorized, have signed the present Convention.
Done in triplicate, in the English and Japanese languages,
both equally authentic, at Tokyo this ninth day of May, one
thousand nine hundred fifty-two.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

International Convention for the High Seas Fisheries of the Pacific Ocean, country.


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