Convention on the Conservation and Management of Fishery Resources in the South East Atlantic Ocean [*]
Done at: Windhoek
Date enacted: 2001-04-20
In force: 2003-04-13
The Contracting Parties 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;
Recognising the Relevant Provisions 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 FAO Code 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
Use of terms
For the purposes of this Convention:
a. |
‘1982 Convention’ means the United Nations Convention on the Law of the Sea of 10 December 1982; |
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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; |
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c. |
‘Coastal State’ means any Contracting Party with waters under national jurisdiction which are adjacent to the Convention Area; |
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d. |
‘Commission’ means the South-East Atlantic Fisheries Commission established pursuant to Article 5; |
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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; |
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f. |
‘Control measure’ means any decision or action adopted by the Commission regarding observation, inspection, compliance and enforcement pursuant to Article 16; |
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g. |
‘Fisheries management organisation’ means any intergovernmental organisation which has competence to take regulatory measures in relation to living marine resources; |
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h. |
‘Fishing’ means:
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i. |
‘Fishing entity’ means any fishing entity referred to in Article 1 paragraph 3 of the 1995 Agreement; |
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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 transshipment; |
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k. |
‘Fishing research vessel’ means any vessel engaged in fishing, as defined in point (h), for scientific research purposes, including permanent research vessels or vessels normally engaged in commercial fishing operations, or fishing support activities; |
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l. |
‘Fishery resources’ means resources of fish, molluscs, crustaceans and other sedentary species within the Convention Area, excluding:
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m. |
‘Flag State’ means, unless otherwise indicated:
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n. |
‘Living marine resources’ means all living components of marine ecosystems, including seabirds; |
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o. |
‘Regional economic integration organisation’ unless other-wise 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 |
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p. |
‘Transshipment’ 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. |
Article 4
Geographical application
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:
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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’. |
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2. |
The Organisation shall comprise:
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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. |
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4. |
The official languages of the Organisation shall be English and Portuguese. |
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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. |
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2. |
Each member shall appoint one representative to the Commission who may be accompanied by alternate representatives and advisers. |
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3. |
The functions of the Commission shall be to:
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4. |
The Commission shall adopt its rules of procedure. |
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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. |
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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. |
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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. |
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8. |
The measures referred to in paragraph 3 may include the following:
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9. |
Conservation and management and control measures adopted by the Commission in accordance with this Convention shall become effective in accordance with Article 23. |
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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. |
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11. |
The Commission shall draw the attention of all Contracting Parties to any activity which in the opinion of the Commission undermines:
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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. |
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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 FAO Code 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 (l). |
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. |
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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. |
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3. |
In performing its functions, the Compliance Committee shall conduct activities as the Commission may direct and shall:
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4. |
The Compliance Committee shall meet as deemed necessary by the Commission. |
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5. |
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. |
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6. |
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. |
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2. |
The Scientific Committee may seek expert advice as required on an ad hoc basis. |
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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. |
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4. |
In performing its functions, the Scientific Committee shall conduct such activities as the Commission may direct and shall:
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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. |
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6. |
The first meeting of the Scientific Committee shall be held within three months of the first meeting of the Commission. |
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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. |
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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. |
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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 60 days before the annual meeting of the Commission. |
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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. |
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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. |
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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. |
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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. |
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7. |
Each Contracting Party shall meet its own expenses arising from attendance at meetings of the bodies of the Organisation. |
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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:
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Article 13
Contracting Party obligations
1. |
Each Contracting Party shall, in respect of its activities within the Convention Area:
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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. |
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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. |
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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. |
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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. |
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6. |
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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. |
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8. |
Each Contracting Party shall fulfil in good faith the obligations assumed under this Convention and shall exercise the rights recognised in this Convention in a manner which would not constitute an abuse of rights. |
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. |
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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. |
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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:
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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 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 transshipments 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. |
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2. |
In establishing the System, the Commission shall be guided, inter alia, by the following principles:
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3. |
In applying these principles the System shall, inter alia, comprise the following elements:
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4. |
The System shall have a multilateral and integrated character. |
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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. |
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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 Organisation 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 management measures
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:
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2. |
In applying the provisions of paragraph 1, the Commission may, inter alia :
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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. |
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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:
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3. |
The Contracting Parties shall cooperate through the Commission and other subregional or regional organisations involved in the management of fishery resources:
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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:
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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 non-parties 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 organisations 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. 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:
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2. |
Any Contracting Party which invokes the procedure set out in paragraph 1 may at any time withdraw its notification of non-acceptance 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. |
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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 XV of 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, in Windhoek, Namibia, and subsequently at the head-quarters of the Food and Agriculture Organisation 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 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 Organisation 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 this 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 other agreements
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
Registration
1. |
The Director-General of the Food and Agriculture Organisation of the United Nations shall be the Depositary of this Convention, and any amendments or revisions thereto. The Depositary shall:
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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 authorised thereto, have signed this Convention in the English and Portuguese languages.
Done at Windhoek, Namibia, 20 April 2001, in a single original in the English and Portuguese languages.
Annex - Interim Arrangements
This Annex 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: |
[List omitted]
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:
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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 FAO Standard Specification for the Marking and Identification of Fishing Vessels. |
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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. |
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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; |
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b. |
the cumulative catches by species (FAO 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 |
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c. |
for each haul: [List omitted] After each hail report the following details shall be entered in the logbook immediately:
Fishing vessels, and if appropriate, fishing research vessels engaged in fishing activities which process and/or freeze their catch shall either:
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. |
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5. |
FAO 3 ALFA Code (adapted) [Table omitted] |
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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. |
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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:
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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 |
c. |
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.
Links
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As amended by the Commission 2006-10-04. |