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The Contracting to this Convention,
COMMITTED to ensuring the long-term conservation and sustainable
use of all living marine resources in the South East Atlantic Ocean,
and to safeguarding the environment and marine ecosystems in which the
resources occur;
RECOGNISING the urgent and constant need for effective
conservation and management of the fishery resources in the high seas
of the South East Atlantic Ocean;
RECOGNISINGTHERELEVANTPROVISIONS of the United Nations
Convention on the Law of the Sea of 10 December 1982; the Agreement
for the Implementation of the Provisions of the United Nations Convention
on the Law of the Sea of 10 December 1982 relating to the Conservation
and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks,
1995; and taking into account the FAO Agreement to Promote Compliance
with International Conservation and Management Measures by Fishing Vessels
on the High Seas, 1993 and the FAO Code of Conduct for Responsible Fisheries,
1995;
RECOGNISING the duties of States to cooperate with
each other in the conservation and management of living resources in
the South East Atlantic Ocean;
DEDICATED to exercising and implementing the precautionary
approach in the management of fishery resources, in line with the principles
set out in the Agreement for the Implementation of the Provisions of
the United Nations Convention on the Law of the Sea of 10 December 1982
relating to the Conservation and Management of Straddling Fish Stocks
and Highly Migratory Fish Stocks, 1995, and with the FAOCode of Conduct
for Responsible Fisheries, 1995;
RECOGNISING that the long term conservation and sustainable
use of high seas fishery resources require cooperation among States
through appropriate subregional or regional organisations which agree
upon the measures necessary for this purpose;
COMMITTED to responsible fisheries;
NOTING that the coastal States have established areas
of national jurisdiction in accordance with the United Nations Convention
on the Law of the Sea of 10 December 1982, and general principles of
international law within which they exercise sovereign rights for the
purpose of exploring and exploiting, conserving and managing living
marine resources;
DESIRING cooperation with the coastal States and with
all other States and Organisations having a real interest in the fishery
resources of the South East Atlantic Ocean to ensure compatible conservation
and management measures;
RECOGNISING economic and geographical considerations
and the special requirements of developing States, and their coastal
communities, for equitable benefit from living marine resources;
CALLING upon States which are not Contracting Parties
to this Convention, and which do not otherwise agree to apply the
conservation and management measures adopted under this Convention,
not to authorise vessels flying their flags to engage in
fishing for the resources which are the subject of this Convention;
CONVINCED that the establishment of an organisation
for the long term conservation and sustainable use of the fishery resources
in the South East Atlantic Ocean would best serve these purposes;
BEARING IN MIND that the achievements of the above
will contribute to the realisation of a just and equitable economic
order in the interests of all humankind, and in particular the special
interests and needs of developing States,
Have agreed as follows:
ARTICLE 1: TERMS OF USE
For the purposes of this Convention:
(a) "1982 Convention" means the United Nations Convention
on the Law of the Sea of 10 December 1982;
(b) "1995 Agreement" means the Agreement for the Implementation
of the Provisions of the United Nations Convention on the Law of the
Sea of 10 December 1982 relating to the Conservation and Management
of Straddling Fish Stocks and Highly Migratory Fish Stocks, 1995;
(c) "Coastal State" means any Contracting Party with waters
under national jurisdiction which are adjacent to the Convention Area;
(d) "Commission" means the South East Atlantic Fisheries Commission
established pursuant to article 5;
(e) "Contracting Party" means any State or regional economic
integration organisation which has consented to be bound by this
Convention, and for which the Convention is in force;
(f) "Control measure" means any decision or action adopted
by the Commission regarding observation, inspection, compliance and
enforcement pursuant to Article 16;
(g) "Fisheries management organisation" means any intergovernmental
organisation which has competence to take regulatory measures in relation
to living marine resources;
(h) "Fishing" means:
i. the actual or attempted searching for, catching, taking or harvesting
of fishery resources;
ii. engaging in any activity which can reasonably be expected to result
in the locating, catching, taking or harvesting of fishery
resources for any purpose including scientific research;
iii. placing, searching for or recovering any aggregating device for
fishery resources or associated equipment including radio
beacons;
iv. any operation at sea in support of, or in preparation for, any activity
described in this definition, except for any operation
in emergencies involving the health and safety of crew members or the
safety of a vessel; or
v. the use of an aircraft in relation to any activity described in this
definition except for flights in emergencies involving the health or
safety of crew members or the safety of a vessel;
(i) "Fishing entity" means any fishing entity referred to
in article 1 paragraph 3 of the 1995 Agreement;
(j) "Fishing vessel" means any vessel used or intended for
use for the purposes of the commercial exploitation of fishery resources,
including mother ships, any other vessels directly engaged in such fishing
operations, and vessels engaged in trans-shipment;
(k) "Fishing research vessel" means any vessel engaged in
fishing, as defined in (h), for scientific research purposes, including
permanent research vessels or vessels normally engaged in commercial
fishing operations, or fishing support activities;
(I) "Fishery resources" means resources of fish, molluscs,
crustaceans and other sedentary species within the Convention Area,
excluding:
i. sedentary species subject to the fishery jurisdiction of coastal
States pursuant to article 77 paragraph 4 of the 1982
Convention; and
ii. highly migratory species listed in Annex I of the 1982 Convention;
(m) "Flag State" means, unless otherwise indicated:
(i)a state whose vessels are entitled to fly its flag; or
(ii)a regional economic integration organisation in which vessels are
entitled to fly the flag of a member State of that regional economic
integration organisation;
(n) "Living marine resources" means all living components
of marine ecosystems, including seabirds;
(0) "Regional economic integration organisation" unless otherwise
specified, means a regional economic integration organisation to which
all its member States have transferred competence over matters covered
by this Convention, including the authority to
make decisions binding on its member States in respect of those matters;
and
(p) "Trans-shipment" means unloading of all or any of the
fishery resources on board a fishing vessel to another fishing vessel
either at sea or in port without the products having been recorded by
a port State as landed.
ARTICLE 2. OBJECTIVE
The objective of this Convention is to ensure
the long-term conservation and sustainable use of the fishery resources
in the
Convention Area through the effective implementation of this Convention.
ARTICLE 3. GENERAL PRINCIPLES
In giving effect to the objective of this Convention,
the Contracting Parties, where appropriate through the Organisation,
shall, in particular:
(a) adopt measures, based on the best scientific evidence available,
to ensure the long term conservation and sustainable use of the fishery
resources to which this Convention applies;
(b) apply the precautionary approach in accordance with article 7;
(c) apply the provisions of this Convention relating to fishery resources,
taking due account of the impact of fishing operations on ecologically
related species such as seabirds, cetaceans, seals and marine turtles;
(d) adopt, where necessary, conservation and management measures for
species belonging to the same ecosystem as, or
associated with or dependent upon, the harvested fishery resources;
(e) ensure that fishery practices and management measures take due account
of the need to minimise harmful impacts on living
marine resources as a whole; and
(f) protect biodiversity in the marine environment.
ARICLE 4: GEOGRAPHICALAPPLICATION
Except as otherwise provided, this Convention
applies within the Convention Area, being all waters beyond areas of
national jurisdiction in the area bounded by a line joining the following
points along parallels of latitude and meridians of longitude:
beginning at the outer limit of waters under national jurisdiction at
a point 6° South, thence due west along the 6° South parallel
to the meridian 10° West, thence due north along the 10° West
meridian to the equator, thence due west along the equator to
the meridian 20° West, thence due south along the 20° West meridian
to a parallel 50° South, thence due east along the 50°
South parallel to the meridian 30° East, thence due north along
the 30° East meridian to the coast of the African continent.
ARTICLE 5. THE ORGANISATION
1. The Contracting Parties hereby establish and
agree to maintain the South East Atlantic Fisheries Organisation, herein
"the
Organisation".
2. The Organisation shall comprise:
i. the Commission;
ii. the Compliance and Scientific Committees, as subsidiary bodies,
and any other subsidiary bodies that the Commission shall establish
from time to time to assist in meeting the objective of this Convention;
and
iii. the Secretariat.
3. The Organisation shall have legal personality and shall enjoy in
the territory of each of the Contracting Parties such legal capacity
as may be necessary to perform its functions and achieve the objective
of this Convention. The privileges and immunities to be enjoyed by the
Organisation and its staff in the territory of a Contracting Party shall
be determined by agreement between the Organisation and the Contracting
Party concerned.
4. The official languages of the Organisation shall be English and Portuguese.
5. The headquarters of the Organisation shall be established in Namibia.
ARTICLE 6. THE COMMISSION
1. Each Contracting Party shall be a member of
the Commission.
2. Each member shall appoint one representative to the Commission who
may be accompanied by alternate representatives and advisers.
3. The functions of the Commission shall be to:
(a)identify conservation and management needs;
(b) formulate and adopt conservation and management measures;
(c)determine total allowable catches and/or levels of fishing effort,
taking into account total fishing mortality, including
of non-target species;
(d)determine the nature and extent of participation in fishing;
(e)keep under review the status of stocks and gather, analyse and disseminate
relevant information on stocks;
(f)encourage, promote and, where appropriate by agreement, coordinate
scientific research on fishery resources within the Convention Area
and in adjacent waters under national jurisdiction;
(g) manage stocks on the basis of the precautionary approach to be developed
in accordance with article 7;
(h) establish appropriate cooperative mechanisms for effective monitoring,
control, surveillance and enforcement;
(i)adopt measures concerning control and enforcement within the Convention
Area;
(j) develop measures for the conduct of fishing for scientific
research purposes;
(k) develop rules for the collection, submission, verification of, access
to and use of data;
(l) compile and disseminate accurate and complete statistical data to
ensure that the best scientific advice is available, while maintaining
confidentiality, where appropriate;
(m) direct the Compliance and Scientific Committees,
other subsidiary bodies, and the Secretariat;
(n) approve the budget of the Organisation; and
(0) carry out such other activities as may be necessary to fulfil its
functions.
4. The Commission shall adopt its rules of procedure.
5. The Commission shall adopt measures, in accordance with international
law, to promote compliance by vessels flying the flag
of non-parties to this Convention with measures agreed by the Commission.
6. The Commission shall take full account of the recommendations and
advice from the Scientific and Compliance Committees in formulating
its decisions. The Commission shall, in particular, take full account
of the biological unity and other biological
characteristics of the stocks.
7. The Commission shall publish its conservation and management and
control measures which are in force, and, as far as
practicable, shall maintain records of other conservation and management
measures in force in the Convention Area.
8. The measures referred to in paragraph 3 may include the following:
(a)the quantity of any species which may be caught;
(b)the areas and periods in which fishing may occur;
(c)the size and sex of any species which may be taken;
(d)the fishing gear and technology which may be used;
(e)the level of fishing effort, including vessel numbers, types and
sizes, which may be used;
(f)the designation of regions and sub-regions;
(g)other measures regulating fisheries with the protecting any species;
and
(h)other measures the Commission considersmeet the objective of this
Convention.
9. Conservation and management and control measures adopted by the Commission
in accordance with this Convention shall become effective in accordance
with article 23.
10. Taking account of articles 116-119 of the 1982 Convention, the Commission
may draw the attention of any State or fishing entity which is a non-party
to this Convention to any activity which in the opinion of the Commission
affects implementation of the objective of this Convention.
11. The Commission shall draw the attention of all Contracting Parties
to any activity which in the opinion of the Commission undermines:
(a)the implementation by a Contracting Party of the objective of this
Convention, or the compliance of that Contracting Party with its obligations
under this Convention; or
(b)the compliance of that Contracting Party with its obligations under
this Convention.
12. The Commission shall take account of measures established by other
organisations which affect living marine resources in the Convention
Area, and, without prejudice to the objective of this Convention, shall
seek to ensure consistency with such measures.
13. If the Commission determines that a Contracting Party has ceased
to participate in the work of the Organisation, the Commission shall
consult with the Contracting Party concerned and may take a decision
to address the matter, as it deems appropriate.
ARTICLE 7. APPLICATION OF THE PRECAUTIONARY
APPROACH
1. The Commission shall apply the precautionary
approach widely to conservation and management and exploitation of fishery
resources in order to protect those resources and preserve the marine
environment.
2. The Commission shall be more cautious when information is uncertain,
unreliable or inadequate. The absence of adequate
scientific information shall not be used as a reason for postponing
or failing to take conservation and management measures.
3. In implementing this article, the Commission shall take cognisance
of best international practices regarding the application of the precautionary
approach, including Annex II of the 1995 Agreement and the FAOCode of
Conduct for Responsible Fisheries, 1995.
ARTICLE 8. MEETINGS OF THE COMMISSION
1. The Commission shall hold an annual meeting
and any other meetings as deemed necessary.
2. The first meeting of the Commission shall be held within three months
of the entry into force of this Convention, provided that
among the Contracting Parties there are at least two States conducting
fishing activities in the Convention Area. The first meeting shall,
in any event, be held within six months of the entry into force of the
Convention. The Government of Namibia shall consult with the Contracting
Parties regarding the first Commission meeting. The provisional agenda
shall be communicated to each signatory and Contracting Party not less
than one month before the date of the meeting.
3. The first meeting of the Commission shall, inter alia, give priority
consideration to the costs associated with implementation of the Annex
by the Secretariat and measures to fulfil the functions of the Commission
set out in article 6.3 (k) and (I).
4. The first meeting of the Commission shall be held at the headquarters
of the Organisation. Thereafter, meetings of the
Commission shall be held at the headquarters, unless the Commission
decides otherwise.
5. The Commission shall elect from among the representatives of the
Contracting Parties a chairperson and vice chairperson, each of whom
shall serve for a term of two years and shall be eligible for re-election
for one additional term of two years. The first chairperson shall be
elected at the first meeting of the Commission for an initial term of
three years. The chairperson and vice chairperson shall not be representatives
of the same Contracting Party.
6. The Commission shall adopt rules of procedure to govern the participation
of representatives from non-Parties to this Convention as observers.
7. The Commission shall adopt rules of procedure to govern the participation
of representatives from inter-governmental
organisations as observers.
8. Representatives from non-governmental organisations concerned with
the stocks found in the Convention Area shall be given the opportunity
to participate as observers in the meetings of the Organisation, subject
to rules adopted by the Commission.
9. The Commission shall adopt rules to govern such participation and
to provide for transparency in the activities of the Organisation. The
rules shall not be unduly restrictive in this respect and shall provide
for timely access to records and reports of the Organisation, subject
to the procedural rules on access to them. The Commission shall adopt
such rules of procedure as soon as possible.
10. The Contracting Parties may decide, by consensus, to invite representatives
from non-parties to this Convention and from
intergovernmental organisations to participate as observers until the
rules regarding such participation are adopted by the
Commission.
ARTICLE 9. THE COMPLIANCE COMMITTEE
1. Each Contracting Party shall be entitled to
appoint one representative to the Compliance Committee who may be
accompanied by alternate representatives and advisers.
2. Unless otherwise decided by the Commission, the functions of the
Compliance Committee shall be to provide the commission with information,
advice and recommendations on the implementation of, and compliance
with, conservation and management measures.
3. In performing its functions, the Compliance Committee shall conduct
activities as the Commission may direct and shall:
(a)coordinate compliance activities undertaken by or on behalf of the
Organisation;
(b)coordinate with the Scientific Committee on matters of common concern;
and perform such other tasks as directed by the Commission.
(c)The Compliance Committee shall meet as deemed necessary by the Commission.
The Compliance Committee shall adopt, and amend as necessary, rules
of procedure for the conduct of its meetings and the exercise of its
functions. The rules and any amendments thereto shall be approved by
the Commission. The rules shall include procedures for the presentation
of minority reports. The Compliance Committee may establish, with the
approval of the
Commission, such subsidiary bodies as are necessary for the performance
of its functions.
ARTICLE 10. THE SCIENTIFIC COMMITTEE
1. Each Contracting Party shall be entitled to
appoint one representative to the Scientific Committee who may be accompanied
by alternate representatives and advisers.
2. The Scientific Committee may seek expert advice as required on an
ad hoc basis.
3. The functions of the Scientific Committee shall be to provide the
Commission with scientific advice and recommendations for the formulation
of conservation and management measures for fishery resources covered
by this Convention, and to encourage and promote cooperation in scientific
research in order to improve knowledge of the living marine resources
of the Convention Area.
4. In performing its functions, the Scientific Committee shall conduct
such activities as the Commission may direct and shall:
(a)consult, cooperate and encourage the collection, study and exchange
of information relevant to the living marine resources of the Convention
Area;
(b)establish criteria and methods to be used in determining conservation
and management measures;
(c)assess the status and trends of relevant populations of living marine
resources;
(d)analyse data on the direct and indirect effects of fishingand other
human activities on populations of fishery resources;
(e)assess the potential effects of proposed changes in the methods or
levels of fishing and of proposed conservation and management measures;
and
(f)transmit reports and recommendations to the Commission as directed,
or on its own initiative, regarding conservation and management measures
and research.
5. In carrying out its functions, the Scientific Committee shall seek
to take into consideration the work of other fisheries management organisations,
as well as other technical and scientific bodies.
6. The first meeting of the Scientific Committee shall be held within
three months of the first meeting of the Commission.
7. The Scientific Committee shall adopt, and amend as necessary, rules
of procedure for the conduct of its meetings and the exercise of its
functions. The rules and any amendments thereto shall be approved by
the Commission. The rules shall include procedures for the presentation
of minority reports.
8. The Scientific Committee may establish, with the approval of the
Commission, such subsidiary bodies as are necessary for the performance
of its functions.
Article 11. THE SECRETARIAT
1. The Commission shall appoint an Executive
Secretary according to such procedures and on such terms and conditions
as the
Commission may determine.
2. The Executive Secretary shall be appointed for a term of four years
and may be reappointed for one additional term not exceeding four years.
3. The Commission shall authorise such staff for the Secretariat as
may be necessary and the Executive Secretary shall appoint, direct and
supervise such staff according to staff regulations approved by the
Commission.
4. The Executive Secretary and the Secretariat shall perform the functions
delegated to them by the Commission.
ARTICLE 12. FINANCE AND BUDGET
1. At each annual meeting, the Commission shall
adopt the Organisation's budget. In determining the size of the budget,
the
Commission shall give due consideration to the principle of cost effectiveness.
2. A draft budget for the Organisation's next financial year shall be
prepared by the Executive Secretary and submitted to the
Contracting Parties at least sixty days before the annual meeting of
the Commission.
3. Each Contracting Party shall contribute to the budget. The contribution
by each Contracting Party shall be according to a
combination of an equal basic fee, and a fee based on the total catch
in the Convention Area of species covered by the Convention. The Commission
shall adopt and amend the proportion in which these contributions are
applied taking into account the economic status of each Contracting
Party. For Contracting Parties with territory adjoining the Convention
Area, this shall be the economic status of that territory.
4. For the first three years following the Convention's entry into force,
or a shorter period as decided by the Commission, the contribution of
each Contracting Party shall be equal.
5. The Commission may request and accept financial contributions and
other forms of assistance from organisations, individuals and other
sources for purposes connected with the fulfilment of its functions.
6. The financial activities of the Organisation, including the proportion
of contributions referred to in paragraph 3, shall be conducted in accordance
with Financial Regulations adopted by the Commission and shall be subject
to an annual audit by independent auditors appointed by the Commission.
7. Each Contracting Party shall meet its own expenses arising from attendance
at meetings of the bodies of the Organisation.
8. Unless otherwise decided by the Commission, a Contracting Party that
is in arrears with its payment of any monies owing to the Organisation
by more than two years:
(a)shall not participate in the taking of any decisions by the Commission;
and
(b)may not notify non-acceptance of any measure adopted by the Commission
until it has paid all monies owing by it to the Organisation.
ARTICLE 13. CONTRACTING PARTY OBLIGATIONS
1. Each Contracting Party shall, in respect of
its activities within the
Convention Area:
(a)collect and exchange scientific, technical and statistical data with
respect to fisheries resources covered by this Convention;
(b)ensure that data are collected in sufficient detail to facilitate
effective stock assessment and are provided in a timely manner to fulfil
the requirements of the Commission;
(c)take appropriate measures to verify the accuracy of such data;
(d)provide annually to the Organisation such statistical, biological
and other data and information as the Commission may require;
(e)provide to the Organisation in the manner and at such intervals as
may be required by the Commission, information concerning its fishing
activities, including fishing areas and fishing vessels in order to
facilitate the compilation of reliable catch and effort statistics;
and
(f)provide to the Commission at such intervals as it may require information
on steps taken to implement the conservation and management measures
adopted by the Commission.
2. Each coastal State shall, in respect of activities that occur in
its area of national jurisdiction relating to straddling stocks of fishery
resources, provide to the Organisation data required in accordance with
paragraph 1.
3. Each Contracting Party shall promptly implement this Convention and
any conservation, management and other measures or matters which may
be agreed by the Commission.
4. Each Contracting Party shall take appropriate measures, in accordance
with the measures adopted by the Commission and
international law, in order to ensure the effectiveness of the measures
adopted by the Commission.
5. Each Contracting Party shall transmit to the Commission an annual
statement of implementing and compliance measures, including imposition
of sanctions for any violations, it has taken in accordance with this
article.
6. (a) Without prejudice to the primacy of the responsibility of the
flag State, each Contracting Party shall, to the greatest extent possible,
take measures, or cooperate, to ensure that its nationals fishing in
the Convention Area and its industries comply with the provisions of
this Convention. Each Contracting Party shall, on a regular basis, inform
the Commission of such measures taken.
(b) Fishing opportunities granted to the Contracting Parties by the
Commission shall be exercised exclusively by vessels flying the flag
of Contracting Parties.
7. Each coastal State shall regularly inform the Organisation of the
measures they have adopted for fishery resources within areas of water
under their national jurisdiction adjacent to the Convention Area.
8. Each Contracting Party shall fulfil in good faith the assumed under
this Convention and shall exercise recognised in this Convention in
a manner which constitute an abuse of rights. obligations the rights
would not
ARTICLE 14. FLAG STATE DUTIES
1. Each Contracting Party shall take such measures
as may be necessary to ensure that vessels flying its flag comply with
the
conservation and management and control measures adopted by the Commission
and that they do not engage in any activities
which undermine the effectiveness of such measures.
2. Each Contracting Party shall authorise the use of vessels flying
its flag for fishing in the Convention Area only where it is able to
exercise effectively its responsibilities in respect of such vessels
under this Convention.
3. Each Contracting Party shall take appropriate measures in respect
of vessels flying its flag which are in accordance with measures adopted
by the Commission and which give effect thereto, and which take account
of existing international practices. These measures shall include, inter
alia:
(a) measures to ensure that a flag State investigates immediately and
reports fully on actions taken in response to an alleged violation by
a vessel flying its flag of measures adopted by the Commission;
(b) control of such vessels in the Convention Area by means of fishing
authorisation;
(c) establishment of a national record of fishing vessels authorised
to fish in the Convention Area and provision for sharing this information
with the Commission on a regular basis;
(d) requirements for marking of fishing vessels and fishing gear for
identification;
(e) requirements for recording and timely reporting of vessel position,
catch of target and non-target species, catch landed, catch transhipped,
fishing effort and other relevant fisheries data;
(f) regulation of transhipment to ensure that the effectiveness of conservation
and management measures is not undermined;
(g) measures to permit access by observers from other Contracting Parties
to carry out functions as agreed by the Commission; and
(h) measures to require the use of a vessel monitoring system as agreed
by the Commission.
4. Each Contracting Party shall ensure that vessels flying its flag
do not undermine measures agreed by the Commission through unauthorised
fishing within areas adjacent to the Convention Area on stocks occurring
in the Convention Area and the adjacent area.
ARTICLE 15. PORT STATE DUTIES AND MEASURES TAKEN BY A PORT STATE
1. Measures taken by a port State in accordance with this Convention
shall take full account of the right and the duty of a port State to
15 take measures, in accordance with international law, to promote the
effectiveness of subregional, regional and global conservation and management
measures.
2. Each Contracting Party shall, in accordance with measures agreed
by the Commission, inter alia, inspect documents, fishing gear and catch
on board fishing vessels, when such vessels are voluntarily in its ports
or at its offshore terminals.
3. Each Contracting Party shall, in accordance with measures agreed
by the Commission, adopt regulations in accordance with international
law to prohibit landings and trans-shipments by vessels flying the flag
of non-parties to this Convention where it has been established that
the catch of a stock covered by this Convention has been taken in a
manner which undermines the effectiveness of conservation and management
measures adopted by the Commission.
4. In the event that a port State considers that there has been a violation
by a Contracting Party vessel of a conservation and
management or control measure adopted by the Commission, the port State
shall draw this to the attention of the flag State
concerned and, as appropriate, the Commission. The port State shall
provide the flag State and the Commission with full
documentation of the matter, including any record of inspection. In
such cases, the flag State shall transmit to the Commission details
of actions it has taken in respect of the matter.
5. Nothing in this article affects the exercise by States of their sovereignty
over ports in their territory in accordance with
international law.
6. All measures taken under this article shall be taken in accordance
with international law.
ARTICLE 16. OBSERVATION, INSPECTION, COMPLIANCE AND ENFORCEMENT
1. The Contracting Parties, through the Commission,
shall establish a system of observation, inspection, compliance and
enforcement, hereafter "the System", to strengthen the effective
exercise of flag State responsibility by Contracting Parties for fishing
vessels and fishing research vessels flying their flags in the Convention
Area.
The major purpose of the System is to ensure that Contracting Parties
effectively discharge their obligations under this Convention and, where
applicable, under the 1995 Agreement, in order to ensure compliance
with the conservation and management measures agreed by the Commission.
2. In establishing the System, the Commission shall be guided, inter
alia, by the following principles:
(a)fostering of cooperation among Contracting Parties to ensure effective
implementation of the System;
(b)a System which is impartial and non-discriminatory in nature;
(c)verification of compliance with conservation and management measures
agreed by the Commission; and
(d) prompt action on reports of infringements in contravention of measures
agreed by the Commission.
3. In applying these principles the System shall, inter alia, comprise
the following elements:
(a) Control measures, including the authorisation of vessels to fish,
the marking of vessels and fishing gear, the recording of fishing activities,
and the near-to-real time reporting of vessel movements and activities
by means such as satellite surveillance;
(b)an inspection programme, both at sea and in port, including procedures
for boarding and inspection of vessels, on a reciprocal basis;
(c)an observer programme based on common standards for the conduct of
observation, including, inter alia, arrangements for the placing of
observers by a Contracting Party on vessels flying the flag of another
Contracting Party with the consent of that Party; an appropriate level
of coverage for different sizes and types of fishing vessels and fishery
research vessels; and measures for reporting by observers of information
regarding apparent violations of conservation and management measures,
taking into account the needto ensure the safety of observers; and
(d) procedures for the follow-up on infringements detected under the
System, including standards of investigation, reporting procedures,
notification of proceedings and sanctions, and other enforcement actions.
4. The System shall have a multilateral and integrated character.
5. In order to strengthen the effective exercise of flag State responsibility
by Contracting Parties for fishing vessels and fishery
research vessels flying their flags in the Convention Area, the interim
arrangements set out in the Annex, which forms an integral part of this
Convention, shall apply upon entry into force of this Convention and
remain in force until the establishment of the System or until the Commission
decides otherwise.
6. If, within two years of the entry into force of this Convention,
the Commission has not established the System, the Commission shall,
at the request of any Contracting Party, give urgent consideration to
adoption of boarding and inspection procedures in order to strengthen
the effective discharge by Contracting Parties of their obligations
under this Convention and where applicable, under the 1995 Agreement.
A special meeting of the Commission may be convened for this purpose.
ARTICLE 17. DECISION MAKING
1. Decisions of the Commission on matters of
substance shall be taken by consensus of the Contracting Parties present.
The question of whether a matter is one of substance shall be treated
as a matter of substance.
2. Decisions on matters other than those referred to in paragraph 1
shall be taken by a simple majority of the Contracting Parties present
and voting.
3. In the taking of decisions pursuant to this Convention, a regional
economic integration organisation shall have only one vote.
ARTICLE 18. COOPERATION WITH OTHER ORGANISATIONS
1. The Organisation shall cooperate, as appropriate,
with the Food and Agriculture Organization of the United Nations and
with other specialised agencies and organisations on matters of mutual
interest.
2. The Organisation shall seek to develop cooperative working relationships
with other inter-governmental organisations which can contribute to
their work and which have an interest in ensuring the long-term conservation
and sustainable use of living marine resources in the Convention Area.
3. The Commission may enter into agreements with the organisations referred
to in this article and with other organisations as may be appropriate.
The Commission may invite such organisations to send observers to its
meetings, or to the meetings of any subsidiary bodies of the Organisation.
4. In the application of articles 2 and 3 of this Convention to fishery
resources, the Organisation shall cooperate with other relevant fisheries
management organisations and take account of their conservation and
management measures applicable in the region.
ARTICLE 19. COMPATIBILITY OF CONSERVATION
AND MANAGEMENTMEASURES
1. The Contracting Parties recognise the need
to ensure compatibility of conservation and management measures adopted
for straddling fish stocks on the high seas and in areas under national
jurisdiction. To this end, the Contracting Parties have a duty to cooperate
for the purposes of achieving compatible measures in respect of such
stocks of fisheries resources as occur in the Convention area and in
areas under the jurisdiction of any Contracting Party. The appropriate
Contracting Party and the
Commission shall accordingly promote the compatibility of such measures.
This compatibility shall be ensured in such a way which does not undermine
measures established in accordance with articles 61 and 119 of the 1982
Convention.
2. For the purpose of paragraph 1, the coastal States and the Commission
shall develop and agree on standards for reporting and exchanging data
on fisheries for the stocks concerned as well as statistical data on
the status of the stocks.
3. Each Contracting Party shall keep the Commission informed of its
measures and decisions taken in accordance with this article.
ARTICLE 20. FISHING OPPORTUNITIES
1. In determining the nature and extent of participatory
rights in fishing opportunities, the Commission shall take into account,
inter alia:
(a)the state of fishery resources including other living marine resources
and existing levels of fishing effort, taking into account the advice
and recommendations of the Scientific Committee;
(b)respective interests, past and present fishing patterns, including
catches, and practices in the Convention Area;
(c)the stage of development of a fishery;
(d)the interests of developing States in whose areas of national jurisdiction
the stocks also occur;
(e) contributions to conservation and management of fishery resources
in the Convention Area, including the provision of information, the
conduct of research and steps taken to establish cooperative mechanisms
for effective monitoring, control, surveillance and enforcement;
(f)contributions to new or exploratory fisheries, taking account of
the principles set out in article 6.6 of the 1995 Agreement;
(g)the needs of coastal fishing communities which are dependent mainly
on fishing for the stocks in the South East Atlantic; and
(h) the needs of coastal States whose economies are overwhelmingly dependent
on the exploitation of fishery resources.
2. In applying the provisions of paragraph 1, the Commission may, inter
alia:
(a)designate annual quota allocations or effort limitations for Contracting
Parties;
(b)allocate catch quantities for exploration and scientific research;
and
(c) set aside fishing opportunities for non-parties to this Convention,
if necessary.
3. The Commission shall, subject to agreed rules, review quota allocations,
effort limitations and participation in fishing opportunities of Contracting
Parties taking into account the information, advice and recommendations
on the implementation
of, and compliance with, conservation and management measures by Contracting
Parties.
ARTICLE 21. RECOGNITION OF THE SPECIAL
REQUIREMENTS OF DEVELOPING STATES IN THE REGION
1. The Contracting Parties shall give full recognition to the
special requirements of developing States in the region in relation
to
conservation and management of fishery resources and the development
of such resources.
2. In giving effect to the duty to cooperate in the establishment of
conservation and management measures for stocks covered by this Convention,
the Contracting Parties shall take into account the special requirements
of such developing States, in particular:
(a) the vulnerability of developing States in the region which are dependent
on the exploitation of living marine
resources, including for meeting the nutritional requirements of their
populations or parts thereof;
(b)the need to avoid adverse impacts on, and ensure access to fisheries
by, subsistence, small-scale and artisanal fishers and women fishworkers;
and
(c) the need to ensure that such measures do not result in transferring,
directly or indirectly, a disproportionate burden of conservation action
onto developing States in the region.
3. The Contracting Parties shall cooperate through the Commission and
other subregional or regional organisations involved in the management
of fishery resources:
(a)to enhance the ability of developing States in the region to conserve
and manage fishery resources and to develop their own fisheries for
such resources; and
(b) to assist developing States in the region which may fish for fishery
resources, to enable them to participate in fisheries for such resources,
including facilitating access in accordance with this Convention.
4. Cooperation with developing States in the region for the purposes
set out in this article shall include the provision of financial assistance,
assistance relating to human resources development, technical assistance,
transfer of technology, and activities directed specifically towards:
(a)improved conservation and management of the fishery resources covered
by this Convention through collection, reporting, verification, exchange
and analysis of fisheries data and related information;
(b)stock assessment and scientific research; and
(c) monitoring, control, surveillance, compliance and enforcement, including
training and capacity-building at the local level, development and funding
of national and regional observer programmes and access to technology
and equipment.
ARTICLE 22. NON- PARTIES TO THIS CONVENTION
1. The Contracting Parties shall, either directly
or through the Commission, request non-parties to this Convention whose
vessels fish in the Convention Area to cooperate fully with the Organisation
either by becoming party to the Convention or by agreeing to apply the
conservation and management measures adopted by the Commission with
a view to ensuring that such measures are applied to all fishing activities
in the Convention Area. Such nonparties to this Convention shall enjoy
benefits from participation in the fishery commensurate with their commitment
to comply with conservation and management measures in respect of the
relevant stocks.
2. Contracting Parties may exchange information between each other or
through the Commission on, and shall inform the Commission of activities
of, fishing vessels flying the flags of the non-parties to this Convention
which are engaged in fishing operations in the Convention Area, and
of any action taken in response to fishing by non-parties to this convention.
The Commission shall share information on such activities with other
appropriate regional or subregional organizations and arrangements.
3. The Contracting Parties may, either directly or through the Commission,
take measures, which are consistent with
international law, and which they deem necessary and appropriate, to
deter fishing activities by fishing vessels of non-parties to this Convention
which undermine the effectiveness of conservation and management measures
adopted by the Commission.
4. The Contracting Parties shall, individually or jointly, request fishing
entities which have fishing vessels in the Convention Area to cooperate
fully with the organisation in implementing conservation and management
measures, with a view to having such measures applied de facto as extensively
as possible to fishing activities in the Convention Area. Such fishing
entities shall enjoy benefits from participation in the fishery commensurate
with their commitment to comply with conservation and management measures
in respect of the stocks.
5. The Commission may invite non-parties to this Convention to send
observers to its meetings, or to the meetings of any subsidiary bodies
of the Organisation.
ARTICLE 23. IMPLEMENTATION
1. Conservation and management and control measures
adopted by the Commission shall become binding on the Contracting Parties
in the following manner:
(a) the Executive Secretary shall notify promptly in writing all Contracting
Parties of such a measure following its adoption by the Commission;
(b)the measure shall become binding upon all Contracting Parties 60
days after notification by the Secretariat of the measure's adoption
by the Commission, pursuant to subparagraph (a), unless otherwise specified
in the measure;
(c)if a Contracting Party, within 60 days following the notification
specified in subparagraph (a), notifies the Commission that it is unable
to accept a measure, that measure shall not, to the extent stated, be
binding upon that Contracting Party; however, the measure shall remain
binding on all other Contracting Parties unless the Commission decides
otherwise;
(d)any Contracting Party which makes a notification under subparagraph
(c) shall at the same time provide a written explanation of its reasons
for making the notification and, where appropriate, its proposals for
alternative measures which the Contracting Party is going to implement.
The explanation shall specify inter alia whether the basis for the notification
is that:
(i) the Contracting Party considers that the measure is inconsistent
with the provisions of this Convention;
(ii) the Contracting Party cannot practicably comply with the measure;
(iii)the measure unjustifiably discriminates in form or in fact against
the Contracting Party; or
(iv)other special circumstances apply;
(e)the Executive Secretary shall promptly circulate to all Contracting
Parties details of any notification and explanation received in accordance
with subparagraphs (c) and (d);
(f)in the event that any Contracting Party invokes the procedure set
out in subparagraphs (c) and (d), the Commission shall meet at the request
of any other Contracting Party to review the measure. At the time of
such a meeting and within 30 days following the meeting, any Contracting
Party shall have the right to notify the Commission that it is no longer
able to accept the
measure, in which case that Contracting Party shall no longer be bound
by the measure; and
(g) pending the conclusions of a review meeting called in accordance
with subparagraph (f), any Contracting Party
may request an ad hoc expert panel established in accordance with article
24 to make recommendations on any interim measures following the invocation
of the procedures pursuant to subparagraphs (c) and (d) which may be
necessary in respect of the measure to be reviewed. Subject to paragraph
3, such interim measures shall be binding on all Contracting Parties
if all Contracting Parties (other than those who have indicated that
they are unable to accept the measure, pursuant to subparagraphs (c)
and (d)) agree that the long term sustainability of the stocks covered
by this Convention will be undermined in the absence of such measures.
2. Any Contracting Party which invokes the procedure set out in paragraph
1 may at any time withdraw its notification of nonacceptance and become
bound by the measure immediately if it is already in effect or at such
time as it may come into effect under this article.
3. This article is without prejudice to the right of any Contracting
Party to invoke the dispute settlement procedures set out in article
24 in respect of a dispute concerning the interpretation or application
of this Convention, in the event that all other methods to settle the
dispute, including the procedures set out in this article, have been
exhausted.
ARTICLE 24. DISPUTE SETTLEMENT
1. The Contracting Parties shall cooperate in
order to prevent disputes.
2. If any dispute arises between two or more Contracting Parties concerning
the interpretation or implementation of this Convention, those Contracting
Parties shall consult among themselves with a view to resolving the
dispute, or to having the dispute resolved by negotiation, inquiry,
mediation, conciliation, arbitration, judicial settlement or other peaceful
means of their own choice.
3. In cases where a dispute between two or more Contracting Parties
is of a technical nature, and the Contracting Parties are unable to
resolve the dispute among themselves, they may refer the dispute to
an ad hoc expert panel established in accordance with procedures adopted
by the Commission at its first meeting. The panel shall confer with
the Contracting Parties concerned and shall endeavour to resolve the
dispute expeditiously without recourse to binding procedures for the
settlement of disputes.
4. Where a dispute is not referred for settlement within a reasonable
time of the consultations referred to in paragraph 2, or where a dispute
is not resolved by recourse to other means referred to in this article
within a reasonable time, such dispute shall, at the request of any
party to the dispute, be submitted for binding decision in accordance
with procedures for the settlement of disputes provided in Part XVof
the 1982 Convention or, where the dispute concerns one or more straddling
stocks, by provisions set out in Part VIII of the 1995 Agreement. The
relevant part of the 1982 Convention and the 1995 Agreement shall apply
whether or not the parties to the dispute are also Parties to these
instruments.
5. A court, tribunal or panel to which any dispute has been submitted
under this article shall apply the relevant provisions of this Convention,
of the 1982 Convention, of the 1995 Agreement, as well as generally
accepted standards for the conservation and management of living marine
resources and other rules of international law, compatible with the
1982 Convention and the 1995 Agreement, with a view to ensuring the
conservation of the fish stocks concerned.
ARTICLE 25. SIGNATURE, RATIFICATION,
ACCEPTANCE AND APPROVAL
1. This Convention shall be open for signature
on 20 April 2001 at Windhoek, Namibia, and subsequently at the headquarters
of the Food and Agriculture Organization of the United Nations for one
year from its adoption on 20 April 2001 by all States and regional economic
integration organisations participating in the Conference on the South
East Atlantic Fisheries Organisation held at Windhoek on 20 April 2001
and by all States and regional economic integration organisations whose
vessels fish, or have fished in the Convention Area, for fishery resources
covered by this Convention, in the four years preceding the adoption
of the Convention.
2. This Convention shall be subject to ratification, acceptance or approval
by the States and regional economic integration
organisations referred to in paragraph 1. The instruments of ratification,
acceptance or approval shall be deposited with the
Director-General of the Food and Agriculture Organization of the United
Nations, hereafter "the Depositary".
ARTICLE 26. ACCESSION
1. This Convention shall be open for accession
by coastal States, and by all other States and regional economic integration
organisations whose vessels fish in the Convention Area for fishery
resources covered by this Convention.
2. This Convention shall be open for accession by regional economic
integration organisations, other than that regional economic integration
organisation that qualifies as a Contracting Party under article 25,
which include among their member States one or more States which have
transferred, in whole or in part, competence over matters covered by
th is Convention. The accession of such regional economic integration
organisations shall be the subject of consultations within the Commission
concerning the conditions for participation in the work of the Commission.
3. Instruments of accession shall be deposited with the Depositary.
Accessions received by the Depositary prior to the date of entry into
force of this Convention shall become effective 30 days after the date
on which this Convention enters into force.
ARTICLE 27. ENTRY INTO FORCE
This Convention shall enter into force 60 days
after the date of deposit with the Depositary of the third instrument
of ratification, accession, acceptance or approval at least one of which
has been deposited by a coastal State. For each State or regional economic
integration organisation which, subsequent to the date of entry into
force of this Convention, deposits an instrument of ratification or
accession, this Convention shall enter into force on the thirtieth day
following such deposit.
ARTICLE 28. RESERVATIONS AND EXCEPTIONS
No reservations or exceptions may be made to
this Convention.
ARTICLE 29. DECLARATIONS AND STATEMENTS
Article 28 does not preclude a State or regional
economic integration organisation, when signing, ratifying or acceding
to this Convention, from making declarations or statements, however
phrased or named, with a view, inter alia, to the harmonisation of its
laws and regulations with the provisions of this Agreement, provided
that such declarations or statements do not purport to exclude or to
modify the legal effect of the provisions of this Convention in their
application to that State or regional economic integration organisation.
ARTICLE 30. RELATION TO OTHERAGREEMENTS
This Convention shall not alter the rights and
obligations of Contracting Parties which arise from the 1982 Convention
and other agreements compatible with the 1982 Convention and which do
not affect the enjoyment by other Contracting Parties of their rights
or the performance of their obligations under this Convention.
ARTICLE 31. MARITIME CLAIMS
Nothing in this Convention shall constitute recognition
of the claims or positions of any of the Contracting Parties concerning
the legal status and extent of waters and zones claimed by any such
Contracting Party.
ARTICLE 32. AMENDMENT
1. Any Contracting Party may at any time propose
amendments to this Convention.
2. Any proposed amendment shall be notified in writing to the Executive
Secretary at least 90 days prior to the meeting at which it is proposed
to be considered, and the Executive Secretary shall promptly transmit
the proposal to all Contracting Parties. Proposed amendments to the
Convention shall be considered at the annual meeting of the Commission,
unless a majority of the Contracting Parties request a special meeting
to discuss the proposed amendment. A special meeting may be convened
on not less than 90 days' notice.
3. The text of any amendment adopted by the Commission shall be transmitted
promptly by the Executive Secretary to all Contracting Parties.
4. An amendment shall enter into force on the thirtieth day following
the deposit of instruments of ratification, acceptance or approval thereof
from all Contracting Parties.
ARTICLE 33. WITHDRAWAL
1. A Contracting Party may, by written notification
addressed to the Depositary, withdraw from this Convention and may indicate
its reasons. Failure to indicate reasons shall not affect the validity
of the withdrawal. The withdrawal shall take effect one year after the
date of receipt of the notification by the Depositary, unless the notification
specifies a later date.
2. Withdrawal from this Convention by any Contracting Party shall not
affect its financial obligations under this Convention incurred prior
to its withdrawal becoming effective.
ARTICLE 34. DEPOSITARY
1. The Director-General of the Food and Agriculture
Organization of the United Nations shall be the Depositary of this Convention,
and any amendments or revisions thereto. The Depositary shall:
(a)send certified copies of this Convention to each signatory to this
Convention and to all Contracting Parties;
(b)arrange for the registration of this Convention, upon its entry into
force, with the Secretary-General of the United Nations in accordance
with article 102 of the Charter of the United Nations;
(c) inform each signatory to this Convention and all Contracting Parties
of:
(i) instruments of ratification, accession, acceptance and approval
deposited in accordance with articles 25 and 26 respectively;
(ii) the date of entry into force of the Convention in accordance with
article 27;
(iii) the entry into force of amendments to this Convention in accordance
with article 32;
(iv) withdrawals from this Convention pursuant to article 33.
2. The language of communication for the functions of the Depositary
shall be English.
ARTICLE 35. AUTHENTIC TEXTS
The English and Portuguese texts of this Convention
are equally authentic.
IN WITNESS WHEREOF the undersigned, being duly authorized
thereto, have signed this Convention in the English and Portuguese languages.
DONE at Windhoek, this twentieth day of April 2001,
in a single original in the English and Portuguese languages.
(a)send certified copies of this Convention to each signatory to this
Convention and to all Contracting Parties;
(b) arrange for the registration of this Convention, upon its entry
into force, with the Secretary-General of the United. Nations in accordance
with article 102 of the Charter of the United Nations;
(c)inform each signatory to this Convention and all Contracting Parties
of:
(i) instruments of ratification, accession, acceptance and approval
deposited in accordance with articles 25 and 26 respectively;
(ii) the date of entry into force of the Convention in accordance with
article 27;
(iii) the entry into force of amendments to this Convention in accordance
with article 32;
(iv) withdrawals from this Convention pursuant to article 33.
2. The language of communication for the functions of the Depositary
shall be English.
ARTICLE 36. AUTHENTIC TEXTS
The English and Portuguese texts of this Convention
are equally authentic.
IN WITNESS WHEREOF the undersigned, being duly authorized
thereto, have signed this Convention in the English and Portuguese languages.
DONE at Windhoek, this twentieth day of April 2001,
in a single original in the English and Portuguese languages.
ANNEX INTERIM ARRANGEMENTS
This Annex to the SEAFO Convention shall apply
in accordance with article 16.5 and may be amended at any time by a
decision of the Commission. For the purposes of this Annex and until
the assumption of duties by the Executive Secretary appointed in accordance
with article 11, the Government of Namibia shall carry out the functions
of the Secretariat.
SECTION ONE: AUTHORISATION AND NOTIFICATION
During the interim period each Contracting Party
shall:
(a)authorise the use of fishing vessels entitled to fly its flag for
fishing in the Convention Area in accordance with article 14 and the
use of fishing research vessels entitled to fly its flag for conducting
fisheries research activities in the Convention Area; and
(b) as soon as possible and thereafter on an annual basis in accordance
with article VI of the FAO Agreement to Promote Compliance with International
Conservation and Management Measures by Fishing Vessels on the High
Seas, 1993, or in a timely manner following the departure of its vessel
from its home port and in any case before the vessel's entry into the
Convention Area, notify the Secretariat of all fishing and fishing research
vessels authorised to fish in the Convention Area as provided in subparagraph
(a) of this section. This notification shall include for each vessel:
(i) name of vessel, registration number, previous names (if known),
and port of registry;
(ii) previous flag (if any);
(iii) International Radio Call Sign (if any);
(iv)name and address of owner or owners;
(v) where and when built;
(vi)type of vessel;
(vii) length;
(viii) name and address of operator (manager) or operators (managers)
(if any);
(ix)type of fishing method or methods;
(x) moulded depth;
(xi)beam;
(xii) gross register tonnage; and
(xiii) power of main engine or engines.
Each Contracting Party shall notify the Secretariat of any modifications
including suspensions, withdrawals and limitations to this information
without delay.
SECTION TWO: VESSEL REQUIREMENTS
1. Documentation
Each Contracting Party shall: ensure that each of its fishing
and fishing research vessels carry on board documents issued and certified
by the competent authority of that Contracting Party, including, as
a minimum, the following:
(i) registration document;
(ii) license, permit or authorisation to fish or to engage in research
fishing activities and terms and conditions attached to the licence,
permit or authorisation;
(iii) vessel name;
(iv) port in which registered, and the number(s) under which registered;
(v) International Radio Call Sign (if any);
(vi) names and addresses of owner(s) and where relevant, the charterer;
(vii) overall length;
(viii) power of main engine or engines in KWjhorsepower; and;
(ix) certified drawings or description of all fish holds, including
storage capacity in cubic feet or metres;
(b) check above documents on a regular basis; and
(c) ensure that any modification to the documents and to the information
referred to in subparagraph (a) of this subsection is
certified by the competent authority of that Contracting Party.
2. Marking of fishing vessels
Each Contracting Party shall ensure that its fishing vessels
and fishing research vessels authorised to fish in the Convention area
are marked in such a way that they can be readily identified with generally
accepted standards, such as the FADStandard Specification for the Marking
and Identification of Fishing Vessels.
3. Marking of gear
Each Contracting Party shall ensure that gear used by its fishing
vessels and fishing research vessels authorised to fish in the
Convention Area is marked as follows: the ends of nets, lines and gear
anchored in the sea shall be fitted with flag or radar reflector buoys
by day and light buoys by night sufficient to indicate their position
and extent. Such lights should be visible at a distance of at least
two nautical miles in good visibility. Marker buoys and similar objects
floating on the surface and intended to indicate the location of fixed
fishing gear shall be clearly marked at all times with the letter(s)
and/or number(s) of the vessel to which they belong.
4. Information on fishing activities
Each Contracting Party shall ensure that all fishing vessels
and fishing research vessels flying its flag and authorised to fish
in the Convention Area keep a bound fishing logbook with consecutively
numbered pages and, where appropriate, a production logbook, storage
plan or a scientific plan.
Fishing logbooks shall contain the following:
(a) each entry into and exit from the Convention Area;
(b) the cumulative catches by species (FAD 3 Alfa Code as defined in
subsection 5 of this section) by live weight (Kg), the proportion of
the catch by live weight (Kg) retained on board; and
(c) for each haul:
(i) catch by species in live weight (Kg), catch retained on board by
species in live weight (Kg) and an estimation of the amount of living
marine resources discarded (Kg) by species;
(ii) the type of gear (number of hooks, length of gill nets, etc.) ;
(Hi) the longitude and latitude co-ordinates of shooting and hauling;
and
(iv) the date and time of shooting and hauling (UTC).
After each hail report! the following details shall be entered in the
logbook immediately:
(a) date and time (UTC)of transmission of the report; and
(b) in the case of a radio transmission, the name of the radio station
through which the report is transmitted.
Fishing vessels, and if appropriate, fishing research vessels engaged
in fishing activities which process and/or freeze their catch shall
either:
(a) record their cumulative production by species (FAO 3 Alfa Code),
by live weight (Kg), and product form in a
production logbook; or
(b) stow in the hold all processed catch in such a way that the location
of each species can be identified from a stowage plan maintained by
the master of the fishing vessel.
The quantities recorded in accordance with paragraph 2 shall correspond
accurately to the quantities kept on board. The original recordings
contained in the fishing logbooks shall be kept on board the fishing
vessel and if appropriate, fishing research vessel, for a period of
at least 12 months.
5. FAO 3 ALFA Code (adapted)
6. Reporting of catch and fishing effort
Each Contracting Party shall report to the Secretariat the
catch, in metric tonnes per species, taken in the Convention Area on
a monthly basis. Such reports shall specify the month to which each
report refers and shall be submitted within 30 days following the end
of the month in which the fishing occurred.
The Secretariat shall, within 15 days following the monthly deadlines
for receipt of the provisional catch statistics, collate the information
received and circulate it to the Contracting Parties.
7. Communication of vessel movements and catches
Each Contracting Party shall ensure that its fishing vessels
and fishing research vessels authorised to fish in the Convention Area
and which are engaged in fishing shall communicate vessel movements
and catch reports to its competent authorities and to the Secretariat
if the Contracting Party so desires. The timing and content of the reports
shall include the following:
(a) Entry report. This report shall be made no more than 12 hours and
at least six hours in advance of each entry into (b)
(b)the Convention Area and shall include entering date, time, geographical
position of the vessel and the quantity of fish on board by species
(FAD3 Alfa Code) and by live weight (Kg);
(c)Catch report. This report shall be made by species (FAD3 Alfa Code)
and by live weight (Kg) at the end of each calendar month, or more frequently
as required by the Contracting Party;
(e) Exit report. This report shall be made no more than 12 hours and
at least six hours in advance of each exit from
the Convention Area. The report shall include exiting date, time, geographical
position of the vessel, the number of fishing days and the catch taken
by species (FAD 3 Alfa Code) and by live weight (Kg) in the Convention
Area since the commencement of fishing in the Convention Area, or since
the last catch report; and Trans-shipment report. This report shall
be made no more than 12 hours after each trans-shipment and shall include
the date, the time, and species (FAD 3 Alfa Code) and live weight (Kg),
trans-shipped. This report should include the quantities by species
on-loaded and off-loaded
for each trans-shipment of fish during the vessel's stay in the Convention
Area.
SECTION THREE: SCIENTIFIC OBSERVATION AND COLLECTION OF INFORMATION
TO SUPPORT STOCK ASSESSMENT
To the greatest extent possible, each Contracting
Party shall collect from each fishing vessel and fishing research vessel
flying its flag and authorised to fish in the Convention Area, the following
information to support stock assessment, including:
(a)composition of the catch according to length, weight (Kg) and sex,
including the establishment of factors to convert
production weight to live catch weight;
(b)other biological information supporting stock assessment, such as
information on age, growth, recruitment, distribution and stock identity;
and
(a) other relevant information, as appropriate, including by surveys
of abundance, biomass surveys, hydro-acoustic surveys, research on environmental
factors affecting stock abundance, and oceanographic and ecological
studies.
Each Contracting Party shall require the submission of this information,
in respect of each vessel flying its flag, within 30 days of leaving
the Convention Area. The Contracting Party shall provide a copy of the
information to the Secretariat as soon as possible, taking account of
the need to maintain confidentiality of non-aggregated data. The information
referred to in this section shall, to the greatest extent possible,
be collected and verified by appropriately designated observers from
the flag State not later than six months after these interim measures
enter into force.
SEAFO CONVENTION AREA

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