North-East Atlantic Fisheries Convention

 

Article 5

1. The Commission shall establish a Regional Committee, with the
powers and duties described in Article 6 of this Convention, for
each of the regions into which the Convention area is divided.

2. The representation on any Regional Committee so established
shall be determined by the Commission, provided, however, that
any Contracting State with a coastline adjacent to that region,
or exploiting the fisheries of the region, has automatically the
right of representation on the Regional Committee. Contracting
States exploiting elsewhere a stock which is also fished in that
region shall have the opportunity of being represented on the
Regional Committee.

3. Subject to the provisions of Article 6 of this Convention, the
Commission shall determine the terms of reference of, and the
procedure to be followed by, each Regional Committee.

4. The Commission may at any time alter the boundaries and vary
the number of the regions defined in the Annex to this
Convention, provided this is by the unanimous decision of the
Delegations present and voting and no objection is made within
three months thereafter by any Contracting States not
represented, or not voting, at the meeting.

Article 6

1. It shall be the duty of the Commission:

a) to keep under review the fisheries in the Convention area:

b) to consider, in the light of the technical information
available, what measures may be required for the conservation of
the fish stocks and for the rational exploitation of the
fisheries in the area;

c) to consider, at the request of any Contracting State,
representations made to it by a State which is not a party to
this Convention for the opening of negotiations on the
conservation of fish stocks in the Convention area or any part
thereof; and

d) to make to Contracting States recommendations, based as far as
practicable on the results of scientific research and
investigation, with regard to any of the measures set out in
Article 7 of this Convention.

2. It shall be the duty of a Regional Committee to perform, in
relation to its Region, functions of review and consideration
similar to those described in paragraph (1) of this Article in
relation to the Commission and the Convention area. A Regional
Committee may initiate proposals for measures in relation to its
region and shall consider any such proposals as may be remitted
to it by the Commission.

3. A Regional Committee may prepare draft recommendations for
consideration by the Commission, which may adopt any such draft
recommendations, with any modifications it may consider
desirable, as recommendations for the purpose of Article 7 of
this Convention.

4. A Regional Committee may at any time appoint sub-committees to
study specific problems affecting parts of the Region and to
report thereon to the Regional Committee.

Article 7

1. The measures relating to the objectives and purposes of this
Convention which the Commission and Regional Committees may
consider, and on which the Commission may make recommendaions to
the Contracting States, are

a) any measures for the regulation of the size of mesh of fishing
nets;

b) any measures for regulation of the size limits of fish that
may be retained on board vessels, or landed, or exposed or
offered for sale;

c) any measures for the establishment of closed seasons;

d) any measures for the establishment of closed areas;

e) any measures for the regulation of fishing gear and
appliances, other than regulation of the size of mesh of fishing
nets;

f) any measures for the improvement and the increase of marine
resources, which may include artificial propagation, the
transplantation of organisms and the transplantation of young.

2. Measures for regulating the amount of total catch, or the
amount of fishing effort in any period, or any other kinds of
measures for the purpose of the conservation of the fish stocks
in the Convention area, may be added to the measures listed in
paragraph (1) of this Article on a proposal adopted by not less
than a two-thirds majority of the Delegations present and voting
and subsequently accepted by all Contracting States in accordance
with their respective constitutional procedures.

3. The measures provided for in paragraphs (1) and (2) of this
Article may relate to any or all species of sea fish and shell
fish, but not to sea mammals; to any or all methods of fishing;
and to any or all parts of the methods of fishing; and to any or
all parts of the Convention area.

Article 8

1. Subject to the provisions of this Article, the Contracting
States undertake to give effect to any recommendation made by the
Commission under Article 7 of this Convention and adopted by not
less than a two-thirds majority of the Delegations present and
voting.

2. Any Contracting State may, within ninety days of the date of
notice of a recommendation to which paragraph (1) of this Article
applies, object to it and in that event shall not be under
obligation to give effect to the recommendation.

3. In the event of an objection being made within the ninety-day
period, any other Contracting State may similarly object at any
time within a further period of sixty days, or within thirty days
after receiving notice of an objection by another Contracting
State made within the further period of sixty days.

4. If objections to a recommendation are made by three or more of
the Contracting States, all the other Contracting States shall be
relieved forthwith of any obligation to give effect to that
recommendation but any or all of them may nevertheless agree
among themselves to give effect to it.

5. Any Contracting State which has objected to a recommendation
may at any time withdraw that objection and shall then, subject
to the provisions of paragraph (4) of this Article, give effect
to the recommendation within ninety days, or as from the date
determined by the Commission under Article 9 of this Convention,
whichever is the later.

6. The Commission shall notify each Contracting State immediately
upon receipt of each objection and withdrawal.

Article 9

Any recommendation to which paragraph (1) of Article 8 of this
Convention applies shall, subject to the provisions of that
Article, become binding on the Contracting States from the date
determined by the Commission, which shall not be before the
period for objection provided in Article 8 has elapsed

Article 10

At any time after two years from the date on which it has been
required to give effect to any recommendation to which paragraph
(1) of Article 8 of this Convention applies any Contracting State
may give the Commission notice of the termination of its
acceptance of the recommendation and, if that notice is not
withdrawn, the recommendation shall cease to be binding on that
Contracting State at the end of twelve months from the date of
the notice.

2. At any time after a recommendation has ceased to be binding on
a Contracting State under paragraph (1) of this Article, the
recommendation shall cease to be binding on any other State which
so desires upon the date of notice to the Commission of
withdrawal of acceptance of that recommendation by such other
State.

3. The Commission shall notify all Contracting States of every
notice under this Article immediately upon the receipt thereof.

 

Author: international

Mentioned in these Entries

North-East Atlantic Fisheries Convention.