|
Art.4 |
Article IV |
|
Art.4.1 |
1. In making its recommendations the Commission shall be guided by the spirit and intent of this Convention and by the considerations below mentioned. |
|
Art.4.1.a |
a) Any conservation measures for any stock of fish decided upon under the provisions of this Convention shall be recommended for equal application to all Parties engaged in substantial exploitation of such stock. |
|
Art.4.1.b |
b) With regard to any stock of fish which the Commission determines reasonably satisfies all the following conditions, a recommendation shall be made as provided for in article III, section 1, (b): |
|
Art.4.1.b.i |
(i) Evidence based upon scientific research indicates that more intensive exploitation of the stock will not provide a substantial increase in yield which can be sustained year after year. |
|
Art.4.1.b.ii |
(ii) The exploitation of the stock is limited or otherwise regulated through legal measures by each Party which is substantially engaged in its exploitation, for the purpose of maintaining or increasing its maximum sustained productivity; such limitations and regulations being in accordance with conservation programs based on scientific research, and |
|
Art.4.1.b.iii |
(iii) The stock is the subject of extensive scientific study designed to discover whether the stock is being fully utilized and the conditions necessary for maintaining its maximum sustained productivity. |
|
Art.4.1 |
Provided, however, that no recommendation shall be made for abstention by a Contracting Party concerned with regard to: (1) any stock of which at any time during the twenty-five years next preceding the entry into force of this Convention has been under substantial exploitation by that Party having regard to the conditions referred to in section 2 of this article; (2) any stock of fish which is harvested in greater part by a country or countries not party to this Convention; (3) waters in which there is historic intermingling of fishing operations of the Parties concerned. intermingling of the stocks of fish exploited by these operations, and a long established history of joint conservation and regulation among the parties concerned so that there is consequent impracticability of segregating the operations and administering control. It is recognized that the conditions specified in subdivision (3) of this proviso apply to Canada and the United States of America in the waters off the Pacific Coasts of the United States of America and Canada from and including the waters of the Gulf of Alaska southward and, therefore, no recommendation shall be made for abstention by either the United States of America or Canada in such waters. |
|
Art.4.2 |
2. In any decision or recommendation allowances shall be made for the effect of strikes, wars, or exceptional economic or biological conditions which may have introduced temporary declines in or suspension of productivity exploitation. or management of the stock of fish concerned. |
|
Art.5 |
Article V |
|
Art.5.1 |
1. The annex attached hereto forms an integral part of this Convention. All references to "Convention" shall be understood as including the said annex either, in its present terms or as amended in accordance with the provisions of article VII. |
|
Art.5.2 |
2. The Contracting Parties recognize that any stock of fish originally specified in the annex to this Convention fulfils the conditions prescribed in article IV and accordingly agree that the appropriate Party or Parties shall abstain from fishing such stock and the Party or Parties participating in the fishing of such stock shall continue to carry out necessary conservation measures. |
|
Art.8 |
Article VIII |
|
Art.8.1x |
The Contracting Parties agree to keep as far as practicable all records requested by the Commission and to furnish compilations of such records and other information upon request of the Commission. No Contracting Party shall be required hereunder to provide the records of individual operations. |
|
Art.9 |
Article IX |
|
Art.9.1 |
1. The Contracting Parties agree as follows: |
|
Art.9.1.a |
a) With regard to a stock of fish from the exploitation of which any Contracting Party has agreed to abstain, the nationals and fishing vessels of such Contracting Party are prohibited from engaging in the exploitation of such stock of fish in waters specified in the annex, and from loading, processing, possessing, or transporting such fish in such waters. |
|
Art.9.1.b |
b) With regard to a stock of fish for which a Contracting Party has agreed to continue to carry out conservation measures, the nationals and fishing vessels of such Party are prohibited from engaging in fishing activities in waters specified in the annex in violation of regulations established under such conservation measures. |
|
Art.9.2 |
2. Each Contracting Party agrees, for the purpose of rendering effective the provisions of this Convention, to enact and enforce necessary laws and regulations, with regard to its nationals and fishing vessel, with appropriate penalties against violations thereof and to transmit to the Commission a report on any action taken by it with regard thereto. |
|
Art.10 |
Article X |
|
Art.10.1 |
1. The Contracting Parties agree, in order to carry out faithfully the provisions of this Convention, to co-operate with each other in taking appropriate and effective measures and accordingly agree as follows: |
|
Art.10.1.a |
a) When a fishing vessel of a Contracting Party has been found in waters in which that Party has agreed to abstain from exploitation in accordance with the provisions of this Convention, the duly authorized officials of any Contracting Party may board such vessel to inspect its equipment, books, documents, and other articles and question the persons on board. Such officials shall present credentials issued by their respective Governments if requested by the master of the vessel. |
|
Art.10.1.b |
b) When any such person or fishing vessel is actually engaged in operation in violation of the provisions of this Convention, or there is reasonable ground to believe was obviously so engaged immediately prior to boarding of such vessel by any such official, the latter may arrest or seize such person or vessel. In that case, the Contracting Party to which the official belongs shall notify the Contracting Party to which such person or vessel belongs of such arrest or seizure and shall deliver such vessel or persons as promptly as practicable to the authorized officials of the Contracting Party to which such vessel or person belongs at a place to be agreed upon by both Parties. Provided, however, that when the Contracting Party which receives such notifications cannot immediately accept delivery and makes request, the Contracting Party which gives such notification may keep such person or vessel under surveillance within its own territory under the conditions agreed upon by both of the Contracting Parties. |
|
Art.10.1.c |
c) Only the authorities of the Party to which the above-mentioned person or fishing vessel belongs may try the offence and impose penalties therefor. The witnesses and evidence necessary for establishing the offence, so far as they are under the control of any of the Parties to this Convention, shall be furnished as promptly as possible to the Contracting Party having jurisdiction to try the offence. |
|
Art.10.2 |
2. With regard to the nationals or fishing vessels of one or more Contracting Parties in waters with respect to which they have agreed to continue to carry out conservation measures for certain stocks of fish in accordance with the provisions of this Convention, the Contracting Parties concerned shall carry out enforcement severally or jointly. In that case, the Contracting Parties concerned agree to report periodically through the Commission to the Contracting Party which has agreed to abstain from the exploitation of such stocks of fish on the enforcement conditions, and also, if requested, to provide opportunity for observation of the conduct of enforcement. |
|
Art.10.3 |
3. The Contracting Parties agree to meet, during the sixth year of the operation of this Convention, to revel the effectiveness of the enforcement provisions of this article and, if desirable, to consider means by which they may more effectively be carried out. |
