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Art.13 |
Article 13 Contracting Party obligations |
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Art.13.1 |
1. Each Contracting Party shall, in respect of its activities within the Convention Area: |
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Art.13.1.a |
(a) collect and exchange scientific, technical and statistical data with respect to fisheries resources covered by this Convention; |
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Art.13.1.b |
(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; |
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Art.13.1.c |
(c) take appropriate measures to verify the accuracy of such data; |
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Art.13.1.d |
(d) provide annually to the Organisation such statistical, biological and other data and information as the Commission may require; |
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Art.13.1.e |
(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 |
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Art.13.1.f |
(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. |
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Art.13.2 |
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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Art.13.3 |
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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Art.13.4 |
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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Art.13.5 |
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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Art.13.6.a |
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. |
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Art.13.6.b |
(b) Fishing opportunities granted to the Contracting Parties by the Commission shall be exercised exclusively by vessels flying the flag of Contracting Parties. |
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Art.13.7 |
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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Art.13.8 |
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. |
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Art.14 |
Article 14 Flag State duties |
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Art.14.1 |
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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Art.14.2 |
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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Art.14.3 |
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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Art.14.3.a |
(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; |
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Art.14.3.b |
(b) control of such vessels in the Convention Area by means of fishing authorisation; |
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Art.14.3.c |
(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; |
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Art.14.3.d |
(d) requirements for marking of fishing vessels and fishing gear for identification; |
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Art.14.3.e |
(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; |
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Art.14.3.f |
(f) regulation of transhipment to ensure that the effectiveness of conservation and management measures is not undermined; |
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Art.14.3.g |
(g) measures to permit access by observers from other Contracting Parties to carry out functions as agreed by the Commission; and |
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Art.14.3.h |
(h) measures to require the use of a vessel monitoring system as agreed by the Commission. |
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Art.14.4 |
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. |
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Art.15 |
Article 15 Port State duties and measures taken by a port State |
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Art.15.1 |
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. |
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Art.15.2 |
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. |
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Art.15.3 |
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. |
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Art.15.4 |
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. |
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Art.15.5 |
5. Nothing in this article affects the exercise by States of their sovereignty over ports in their territory in accordance with international law. |
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Art.15.6 |
6. All measures taken under this article shall be taken in accordance with international law. |
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Art.16 |
Article 16 Observation, inspection, compliance and enforcement |
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Art.16.1 |
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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Art.16.2 |
2. In establishing the System, the Commission shall be guided, inter alia, by the following principles: |
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Art.16.2.a |
(a) fostering of cooperation among Contracting Parties to ensure effective implementation of the System; |
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Art.16.2.b |
(b) a System which is impartial and non-discriminatory in nature; |
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Art.16.2.c |
(c) verification of compliance with conservation and management measures agreed by the Commission; and |
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Art.16.2.d |
(d) prompt action on reports of infringements in contravention of measures agreed by the Commission. |
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Art.16.3 |
3. In applying these principles the System shall, inter alia, comprise the following elements: |
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Art.16.3.a |
(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; |
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Art.16.3.b |
(b) an inspection programme, both at sea and in port, including procedures for boarding and inspection of vessels, on a reciprocal basis; |
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Art.16.3.c |
(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 need to ensure the safety of observers; and |
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Art.16.3.d |
(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. |
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Art.16.4 |
4. The System shall have a multilateral and integrated character. |
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Art.16.5 |
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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Art.16.6 |
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. |
