International Convention for the High Seas Fisheries of the Pacific Ocean

Article I

1. The area to which this Convention applies, hereinafter referred
to as “the Convention area,”shall be all waters, other than
territorial waters, of the North Pacific Ocean which for the
purposes hereof shall include the adjacent seas.

2. Nothing in this Convention shall be deemed to affect adversely
(prejudice) the claims of any Contracting Party in regard to the
limits of territorial waters or to the jurisdiction of a coastal
state over fisheries.

3. For the purposes of this Convention the term “fishing vessel”
shall mean any vessel engaged in catching fish or processing or
transporting fish loaded on the High Seas , or any vessel outfitted
for such activities.

Article II

1. In order to realize the objectives of this Convention, the
Contracting Parties shall establish and maintain the International
North Pacific Fisheries Commission, hereinafter referred to as
“the Commission.”

2. The Commission shall be composed of three national sections,
each consisting of not more than four members appointed by the
governments of the respective Contracting Parties.

3. Each national section shall have one vote. All resolutions,
recommendations and other decisions of the Commission shall be
made only by a unanimous vote of the three national sections
except when under the provisions of article III, section I (c)
(ii) only two participate.

4. The Commission may decide upon and amend, as occasion may
require, by-laws or rules for the conduct of its meetings.

5. The Commission shall meet at least once each year and at such
other times as may be requested by a majority of the national
sections. The date and place of the first meeting shall be
determined by agreement between the Contracting Parties.

6. At its first meeting the Commission shall select a Chairman,
Vice-Chairman and Secretary from different national sections. The
Chairman, Vice-Chairman and Secretary shall hold office for a
period of one year. During succeeding years selection of a
Chairman, Vice-Chairman and Secretary from the national sections
shall be made in such a manner as will provide each Contracting
Party in turn with representation in those offices.

7. The Commission shall decide on a convenient place for the
establishment of the Commission’s headquarters.

8. Each Contracting Party may establish an Advisory Committee for
its national section to be composed of persons who shall be well
informed concerning North Pacific fishery problems of common
concern. Each such Advisory Committee shall be invited to attend
all sessions of the Commission except those which the Commission
decides to be in camera.

9. The Commission may hold public hearings. Each national section
may also hold public hearings within its own country .

10. The official languages of the Commission shall be Japanese and
English. Proposals and data may be submitted to the Commission in
either language .

11. Each Contracting Party shall determine and pay the expenses
incurred by its national section. Joint expenses incurred by the
Commission shall be paid by the Commission through contributions
made by the Contracting Parties in the form and proportion
recommended by the Commission and approved by the Contracting
Parties.

12. An annual budget of joint expenses shall be recommended by the
Commission and submitted to the Contracting Parties for approval.

13. The Commission shall authorize the disbursement of funds for
the joint expenses of the Commission and may employ personnel and
acquire facilities necessary for the performance of its functions.

Article III

1. The Commission shall perform the following functions:

a) In regard to any stock of fish specified in the annex, study
for the purpose of determining annually whether such stock
continues to qualify for abstention under the provisions of
article IV. If the Commission determines that such stock no longer
meets the conditions of article IV, the Commission shall recommend
that it be removed from the annex. Provided, however, that with
respect to the stocks of fish originally specified in the Annex,
no determination or recommendation as to whether such stock
continues to qualify for abstention shall be made for five years
after the entry into force of this Convention.

b) To permit later additions to the annex, study, on request of a
Contracting Party, any stock of fish of the Convention area, the
greater part of which is harvested by one or more of the
Contracting Parties, for the purpose of determining whether such
stock qualifies for abstention under the provisions of article IV.
If the Commission decides that the particular stock fulfills the
conditions of article IV it shall recommend (1) that such stock be
added to the annex, (2) that the appropriate Party or Parties
abstain from fishing such stock and (3) that the Party or Parties
participating in the fishing of such stock continue to carry out
necessary conservation measures.

c) In regard to any stock of fish in the Convention area:

(i) Study, on request of any Contracting Party concerned, any
stock of fish which is under substantial exploitation by two or
more of the Contracting Parties, and which is not covered by a
conservation agreement between such Parties existing at the time
of the conclusion of this Convention, for the purpose of
determining need for joint conservation measures;

(ii) Decide and recommend necessary joint conservation measures
including any relaxation thereof to be taken as a result of such
study. Provided, however that only the national sections of the
Contracting Parties engaged in substantial exploitation of such
stock of fish may participate in such decision and recommendation.
The decisions and recommendations shall be reported regularly to
all the Contracting Parties, but shall apply only to the
Contracting Parties the national sections of which participated in
the decisions and recommendations.

(iii) Request the Contracting Party or Parties concerned to report
regularly the conservation measures adopted from time to time with
regard to the stocks of fish specified in the Annex, whether or
not covered by conservation agreements between the Contracting
Parties, and transmit such information to the other Contracting
Party or Parties.

d) Consider and make recommendations to the Contracting Parties
concerning the enactment of schedules of equivalent penalties for
violations of this Convention.

e) Compile and study the records provided by the Contracting
Parties pursuant to article VIII.

f) Submit annually to each Contracting Party a report on the
Commission’s operations, investigations and findings, with
appropriate recommendations, and inform each Contracting Party,
whenever it is deemed advisable, on any matter relating to the
objectives of this Convention.

2. The Commission may take such steps, in agreement with the
Parties concerned, as will enable it to determine the extent to
which the undertakings agreed to by the Parties under the
provisions of article V, section 2 and the measures recommended by
the Commission under the provisions of this article and accepted
by the Parties concerned have been effective.

3. In the performance of its functions, the Commission shall,
insofar as feasible, utilize the technical and scientific services
of, and information from, official agencies of the Contracting
Parties and their political subdivisions and may, when desirable
and if available utilize the services of, and information from,
any public or private institution or organization or any private
individual.

Author: international

Mentioned in these Entries

Conventions: Chronological Index 1951-1970, High Seas, International Convention for the High Seas Fisheries of the Pacific Ocean 2, Marine and Coastal conventions, country.