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Art.4 |
Article IV |
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Art.4.1 |
1. The Contracting Governments shall establish and maintain a Panel for each of the sub-areas provided for by Article 1, in order to carry out the objectives of this Convention. Each Contracting Government participating in any Panel shall be represented on such Panel by its Commissioner or Commissioners, who may be assisted by experts or advisers. Each Panel shall elect from its members a Chairman who shall serve for a period of two years and shall be eligible for re-election but not to a succeeding term. |
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Art.4.2 |
2. After this Convention has been in force for two years, but not before that time, Panel representation shall be reviewed annually by the Commission, which shall have the power, subject to consultation with the Panel concerned, to determine representation on each Panel on the basis of current substantial exploitation in the sub-area concerned of fishes of the cod group (Gadiformes), of flat-fishes (Pleuronectiformes), and of rosefish (genus Sebastes), except that each Contracting Government with coastline adjacent to a sub-area shall have the right of representation on the Panel for the sub-area. |
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Art.4.3 |
3. Each Panel may adopt, and amend as occasion may require, rules of procedure and by-laws for the conduct of its meetings and for the exercise of its functions and duties. |
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Art.4.4 |
4. Each Government participating in a Panel shall have one vote, which shall be cast by a Commissioner representing that Government. Decisions of the Panel shall be taken by a two-thirds majority of the votes of all the Governments participating in that Panel. |
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Art.4.5 |
5. Commissioners of Contracting Governments not participating in a particular Panel shall have the right to attend the meetings of such Panel as observers, and may be accompanied by experts and advisers. |
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Art.4.6 |
6. The Panels shall, in the exercise of their functions and duties, use the services of the Executive Secretary and the staff of the Commission. |
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Art.7 |
Article VII |
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Art.7.1 |
1. Each Panel established under Article IV shall be responsible for keeping under review the fisheries of its sub-area and the scientific and other information relating thereto. |
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Art.7.2 |
2. Each Panel, upon the basis of scientific investigations, may make recommendations to the Commission for joint action by the Contracting Governments on the matters specified in paragraph I of Article VIII. |
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Art.7.3 |
3. Each Panel may recommend to the Commission studies and investigations within the scope of this Convention which are deemed necessary in the development of factual information relating to its particular sub-area. |
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Art.7.4 |
4. Any Panel may make recommendations to the Commission for the alteration of the boundaries of the sub-areas defined in the Annex. |
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Art.7.5 |
5. Each Panel shall investigate and report to the Commission upon any matter referred to it by the Commission. |
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Art.7.6 |
6. A Panel shall not incur any expenditure except in accordance with directions given by the Commission. |
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Art.8 |
Article VIII |
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Art.8.1 |
1. The Commission may, on the recommendations of one or more Panels, and on the basis of scientific investigations, transmit to the Depositary Government proposals, for joint action by the Contracting Governments, designed to keep the stocks of those species of fish which support international fisheries in the Convention area at a level permitting the maximum sustained catch by the application, with respect to such species of fish, of one or more of the following measures: |
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Art.8.1.a |
(a) establishing open and closed seasons; |
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Art.8.1.b |
(b) closing to fishing such portions of a sub-area as the Panel concerned finds to be a spawning area or to be populated by small or immature fish; |
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Art.8.1.c |
(c) establishing size limits for any species; |
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Art.8.1.d |
(d) prescribing the fishing gear and appliances the use of which is prohibited; |
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Art.8.1.e |
(e) prescribing an over-all catch limit for any species of fish. |
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Art.8.2 |
2. Each recommendation shall be studied by the Commission and thereafter the Commission shall either |
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Art.8.2.a |
(a) transmit the recommendation as a proposal to the Depositary Government with such modifications or suggestions as the Commission may consider desirable, or |
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Art.8.2.b |
(b) refer the recommendation back to the Panel with comments for its reconsideration. |
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Art.8.3 |
3. The Panel may, after reconsidering the recommendation returned to it by the Commission, reaffirm that recommendation, with or without modification. |
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Art.8.4 |
4. If, after a recommendation is reaffirmed, the Commission is unable to adopt the recommendation as a proposal, it shall send a copy of the recommendation to the Depositary Government with a report of the Commission's decision. The Depositary Government shall transmit copies of the recommendation and of the Commission's report to the Contracting Governments. |
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Art.8.5 |
5. The Commission may, after consultation with all the Panels, transmit proposals to the Depositary Government within the scope of paragraph I of this Article affecting the Convention area as a whole. |
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Art.8.6 |
6. The Depositary Government shall transmit any proposal received by it to the Contracting Governments for their consideration and may make such suggestions as will facilitate acceptance of the proposal. |
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Art.8.7 |
7. The Contracting Governments shall notify the Depositary Government of their acceptance of the proposal, and the Depositary Government shall notify the Contracting Governments of each acceptance communicated to it, including the date of receipt thereof. |
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Art.8.8 |
8. The proposal shall become effective for all Contracting Governments four months after the date on which notifications of acceptance shall have been received by the Depositary Government from all the Contracting Governments participating in the Panel or Panels for the sub-area or sub-areas to which the proposal applies. |
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Art.8.9 |
9. At any time after the expiration of one year from the date on which a proposal becomes effective, any Panel Government for the sub-area to which the proposal applies may give to the Depositary Government notice of the termination of its acceptance of the proposal and, if that notice is not withdrawn, the proposal shall cease to be effective for that Panel Government at the end of one year from the date of receipt of the notice by the Depositary Government. At any time after a proposal has ceased to be effective for a Panel Government under this paragraph, the proposal shall cease to be effective for any other Contracting Government upon the date a notice of withdrawal by such Government is received by the Depositary Government. The Depositary Government shall notify all Contracting Governments of every notice under this paragraph immediately upon the receipt thereof. |
