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Art.11 |
Article 11 Subsidiary bodies of the Commission |
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Art.11.1 |
1. There are hereby established as subsidiary bodies to the Commission a Scientific Committee and a Technical and Compliance Committee to provide advice and recommendations to the Commission on matters within their respective areas of competence. |
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Art.11.2 |
2. Each member of the Commission shall be entitled to appoint one representative to each Committee who may be accompanied by other experts and advisers. Such representatives shall have appropriate qualifications or relevant experience in the area of competence of the Committee. |
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Art.11.3 |
3. Each Committee shall meet as often as is required for the efficient exercise of its functions, provided that each Committee shall, in any event, meet prior to the annual meeting of the Commission and shall report to the annual meeting the results of its deliberations. |
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Art.11.4 |
4. Each Committee shall make every effort to adopt its reports by consensus. If every effort to achieve consensus has failed, the report shall indicate the majority and minority views and may include the differing views of the representatives of the members on all or any part of the report. |
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Art.11.5 |
5. In the exercise of their functions, each Committee may, where appropriate, consult any other fisheries management, technical or scientific organization with competence in the subject matter of such consultation and may seek expert advice as required on an ad hoc basis. |
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Art.11.6 |
6. The Commission may establish such other subsidiary bodies as it deems necessary for the exercise of its functions, including working groups for the purpose of examining technical issues relating to particular species or stocks and reporting thereon to the Commission. |
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Art.11.7 |
7. The Commission shall establish a committee to make recommendations on the implementation of such conservation and management measures as may be adopted by the Commission for the area north of the 20° parallel of north latitude and on the formulation of such measures in respect of stocks which occur mostly in this area. The committee shall include the members situated in such area and those fishing in the area. Any member of the Commission not represented on the committee may send a representative to participate in the deliberations of the committee as an observer. Any extraordinary cost incurred for the work of the committee shall be borne by the members of the committee. The committee shall adopt recommendations to the Commission by consensus. In adopting measures in relation to particular stocks and species in such area, the decision of the Commission shall be based on any recommendations of the committee. Such recommendations shall be consistent with the general policies and measures adopted by the Commission in respect of the stocks or species in question and with the principles and measures for conservation and management set out in this Convention. If the Commission, in accordance with the rules of procedure for decision-making on matters of substance, does not accept the recommendation of the committee on any matter, it shall return the matter to the committee for further consideration. The committee shall reconsider the matter in the light of the views expressed by the Commission. |
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Sect.2 |
SECTION 2. SCIENTIFIC INFORMATION AND ADVICE |
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Art.12 |
Article 12 Functions of the Scientific Committee |
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Art.12.1 |
1. The Scientific Committee is established to ensure that the Commission obtains for its consideration the best scientific information available. |
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Art.12.2 |
2. The functions of the Committee shall be to: |
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Art.12.2.a |
(a) recommend to the Commission a research plan, including specific issues and items to be addressed by the scientific experts or by other organizations or individuals, as appropriate, and identify data needs and coordinate activities that meet those needs; |
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Art.12.2.b |
(b) review the assessments, analyses, other work and recommendations prepared for the Commission by the scientific experts prior to consideration of such recommendations by the Commission and provide information, advice and comments thereon, as necessary; |
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Art.12.2.b |
(c) encourage and promote cooperation in scientific research, taking into account the provisions of article 246 of the 1982 Convention, in order to improve information on highly migratory fish stocks, non-target species, and species belonging to the same ecosystem or associated with or dependent upon such stocks in the Convention Area; |
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Art.12.2.d |
(d) review the results of research and analyses of target stocks or non-target or associated or dependent species in the Convention Area; |
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Art.12.2.e |
(e) report to the Commission its findings or conclusions on the status of target stocks or non-target or associated or dependent species in the Convention Area; |
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Art.12.2.f |
(f) in consultation with the Technical and Compliance Committee, recommend to the Commission the priorities and objectives of the regional observer programme and assess the results of that programme; |
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Art.12.2.g |
(g) make reports and recommendations to the Commission as directed, or on its own initiative, on matters concerning the conservation and management of and research on target stocks or non-target or associated or dependent species in the Convention Area; and |
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Art.12.2.h |
(h) perform such other functions and tasks as may be requested by or assigned to it by the Commission. |
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Art.12.3 |
3. The Committee shall exercise its functions in accordance with such guidelines and directives as the Commission may adopt. |
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Art.12.4 |
4. The representatives of the Oceanic Fisheries Programme of the Pacific Community and the Inter-American Tropical Tuna Commission, or their successor organizations, shall be invited to participate in the work of the Committee. The Committee may also invite other organizations or individuals with scientific expertise in matters related to the work of the Commission to participate in its meetings. |
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Art.13 |
Article 13 Scientific services |
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Art.13.1 |
1. The Commission, taking into account any recommendation of the Scientific Committee, may engage the services of scientific experts to provide information and advice on the fishery resources covered by this Convention and related matters that may be relevant to the conservation and management of those resources. The Commission may enter into administrative and financial arrangements to utilize scientific services for this purpose. In this regard, and in order to carry out its functions in a cost-effective manner, the Commission shall, to the greatest extent possible, utilize the services of existing regional organizations and shall consult, as appropriate, with any other fisheries management, technical or scientific organization with expertise in matters related to the work of the Commission. |
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Art.13.2 |
2. The scientific experts may, as directed by the Commission: |
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Art.13.2.a |
(a) conduct scientific research and analyses in support of the work of the Commission; |
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Art.13.2.b |
(b) develop and recommend to the Commission and the Scientific Committee stock-specific reference points for the species of principal interest to the Commission; |
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Art.13.2.c |
(c) assess the status of stocks against the reference points established by the Commission; |
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Art.13.2.d |
(d) provide the Commission and the Scientific Committee with reports on the results of their scientific work, advice and recommendations in support of the formulation of conservation and management measures and other relevant matters; and |
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Art.13.2.e |
(e) perform such other functions and tasks as may be required. |
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Art.13.3 |
3. In carrying out their work, the scientific experts may: |
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Art.13.3.a |
(a) undertake the collection, compilation and dissemination of fisheries data according to agreed principles and procedures established by the Commission, including procedures and policies relating to the confidentiality, disclosure and publication of data; |
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Art.13.3.b |
(b) conduct assessments of highly migratory fish stocks, non-target species, and species belonging to the same ecosystem or associated with or dependent upon such stocks, within the Convention Area; |
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Art.13.3.c |
(c) assess the impacts of fishing, other human activities and environmental factors on target stocks and species belonging to the same ecosystem or dependent upon or associated with the target stocks; |
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Art.13.3.d |
(d) assess the potential effects of proposed changes in the methods or levels of fishing and of proposed conservation and management measures; and |
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Art.13.3.e |
(e) investigate such other scientific matters as may be referred to them by the Commission. |
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Art.13.4 |
4. The Commission may make appropriate arrangements for periodic peer review of scientific information and advice provided to the Commission by the scientific experts. |
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Art.13.5 |
5. The reports and recommendations of the scientific experts shall be provided to the Scientific Committee and to the Commission. |
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Sect.3 |
SECTION 3. THE TECHNICAL AND COMPLIANCE COMMITTEE |
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Art.14 |
Article 14 Functions of the Technical and Compliance Committee |
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Art.14.1 |
1. The functions of the Technical and Compliance Committee shall be to: |
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Art.14.1.a |
(a) provide the Commission with information, technical advice and recommendations relating to the implementation of, and compliance with, conservation and management measures; |
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Art.14.1.b |
(b) monitor and review compliance with conservation and management measures adopted by the Commission and make such recommendations to the Commission as may be necessary; and |
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Art.14.1.c |
(c) review the implementation of cooperative measures for monitoring, control, surveillance and enforcement adopted by the Commission and make such recommendations to the Commission as may be necessary. |
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Art.14.2 |
2. In carrying out its functions, the Committee shall: |
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Art.14.2.a |
(a) provide a forum for exchange of information concerning the means by which they are applying the conservation and management measures adopted by the Commission on the high seas and complementary measures in waters under national jurisdiction; |
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Art.14.2.b |
(b) receive reports from each member of the Commission relating to measures taken to monitor, investigate and penalize violations of provisions of this Convention and measures adopted pursuant thereto; |
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Art.14.2.c |
(c) in consultation with the Scientific Committee, recommend to the Commission the priorities and objectives of the regional observer programme, when established, and assess the results of that programme; |
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Art.14.2.d |
(d) consider and investigate such other matters as may be referred to it by the Commission, including developing and reviewing measures to provide for the verification and validation of fisheries data; |
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Art.14.2.e |
(e) make recommendations to the Commission on technical matters such as fishing vessel and gear markings; |
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Art.14.2.f |
(f) in consultation with the Scientific Committee, make recommendations to the Commission on the fishing gear and technology which may be used; |
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Art.14.2.g |
(g) report to the Commission its findings or conclusions on the extent of compliance with conservation and management measures; and |
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Art.14.2.h |
(h) make recommendations to the Commission on matters relating to monitoring, control, surveillance and enforcement. |
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Art.14.3 |
3. The Committee may establish, with the approval of the Commission, such subsidiary bodies as may be necessary for the performance of its functions. |
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Art.14.4 |
4. The Committee shall exercise its functions in accordance with such guidelines and directives as the Commission may adopt. |
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Sect.4 |
SECTION 4. THE SECRETARIAT |
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Art.20 |
Article 20 Decision-making |
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Art.20.1 |
1. As a general rule, decision-making in the Commission shall be by consensus. For the purposes of this article, "consensus" means the absence of any formal objection made at the time the decision was taken. |
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Art.20.2 |
2. Except where this Convention expressly provides that a decision shall be made by consensus, if all efforts to reach a decision by consensus have been exhausted, decisions by voting on questions of procedure shall be taken by a majority of those present and voting. Decisions on questions of substance shall be taken by a three-fourths majority of those present and voting provided that such majority includes a three-fourths majority of the members of the South Pacific Forum Fisheries Agency present and voting and a three-fourths majority of non-members of the South Pacific Forum Fisheries Agency present and voting and provided further that in no circumstances shall a proposal be defeated by two or fewer votes in either chamber. When the issue arises as to whether a question is one of substance or not, that question shall be treated as one of substance unless otherwise decided by the Commission by consensus or by the majority required for decisions on questions of substance. |
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Art.20.3 |
3. If it appears to the Chairman that all efforts to reach a decision by consensus have been exhausted, the Chairman shall fix a time during that session of the Commission for taking the decision by a vote. At the request of any representative, the Commission may, by a majority of those present and voting, defer the taking of a decision until such time during the same session as the Commission may decide. At that time, the Commission shall take a vote on the deferred question. This rule may be applied only once to any question. |
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Art.20.4 |
4. Where this Convention expressly provides that a decision on a proposal shall be taken by consensus and the Chairman determines that there would be an objection to such proposal, the Commission may appoint a conciliator for the purpose of reconciling the differences in order to achieve consensus on the matter. |
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Art.20.5 |
5. Subject to paragraphs 6 and 7, a decision adopted by the Commission shall become binding 60 days after the date of its adoption. |
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Art.20.6 |
6. A member which has voted against a decision or which was absent during the meeting at which the decision was made may, within 30 days of the adoption of the decision by the Commission, seek a review of the decision by a review panel constituted in accordance with the procedures set out in Annex II to this Convention on the grounds that: |
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Art.20.6.a |
(a) the decision is inconsistent with the provisions of this Convention, the Agreement or the 1982 Convention; or |
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Art.20.6.b |
(b) the decision unjustifiably discriminates in form or in fact against the member concerned. |
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Art.20.7 |
7. Pending the findings and recommendations of the review panel and any action required by the Commission, no member of the Commission shall be required to give effect to the decision in question. |
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Art.20.8 |
8. If the review panel finds that the decision of the Commission need not be modified, amended or revoked, the decision shall become binding 30 days from the date of communication by the Executive Director of the findings and recommendations of the review panel. |
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Art.20.9 |
9. If the review panel recommends to the Commission that the decision be modified, amended or revoked, the Commission shall, at its next annual meeting, modify or amend its decision in order to conform with the findings and recommendations of the review panel or it may decide to revoke the decision, provided that, if so requested in writing by a majority of the members, a special meeting of the Commission shall be convened within 60 days of the date of communication of the findings and recommendations of the review panel. |
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Sect.7 |
SECTION 7. TRANSPARENCY AND COOPERATION WITH OTHER ORGANIZATIONS |
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Art.28 |
Article 28 Regional observer programme |
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Art.28.1 |
1. The Commission shall develop a regional observer programme to collect verified catch data, other scientific data and additional information related to the fishery from the Convention Area and to monitor the implementation of the conservation and management measures adopted by the Commission. |
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Art.28.2 |
2. The observer programme shall be coordinated by the Secretariat of the Commission, and shall be organized in a flexible manner which takes into account the nature of the fishery and other relevant factors. In this regard, the Commission may enter into contracts for the provision of the regional observer programme. |
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Art.28.3 |
3. The regional observer programme shall consist of independent and impartial observers authorized by the Secretariat of the Commission. The programme should be coordinated, to the maximum extent possible, with other regional, subregional and national observer programmes. |
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Art.28.4 |
4. Each member of the Commission shall ensure that fishing vessels flying its flag in the Convention Area, except for vessels that operate exclusively within waters under the national jurisdiction of the flag State, are prepared to accept an observer from the regional observer programme, if required by the Commission. |
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Art.28.5 |
5. The provisions of paragraph 4 shall apply to vessels fishing exclusively on the high seas in the Convention Area, vessels fishing on the high seas and in waters under the jurisdiction of one or more coastal States, and vessels fishing in waters under the jurisdiction of two or more coastal States. When a vessel is operating on the same fishing trip both in waters under the national jurisdiction of its flag State and in the adjacent high seas, an observer placed under the regional observer programme shall not undertake any of the activities specified in paragraph 6 (e) when the vessel is in waters under the national jurisdiction of its flag State, unless the flag State of the vessel agrees otherwise. |
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Art.28.6 |
6. The regional observer programme shall operate in accordance with the following guidelines and under the conditions set out in article 3 of Annex III of this Convention: |
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Art.28.6.a |
(a) the programme shall provide a sufficient level of coverage to ensure that the Commission receives appropriate data and information on catch levels and related matters within the Convention Area, taking into account |
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Art.28.6 |
the characteristics of the fisheries; |
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Art.28.6.b |
(b) each member of the Commission shall be entitled to have its nationals included in the programme as observers; |
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Art.28.6.c |
(c) observers shall be trained and certified in accordance with uniform procedures to be approved by the Commission; |
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Art.28.6.d |
(d) observers shall not unduly interfere with the lawful operations of the vessel and, in carrying out their functions, they shall give due consideration to the operational requirements of the vessel and shall communicate regularly with the captain or master for this purpose; |
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Art.28.6.e |
(e) the activities of observers shall include collecting catch data and other scientific data, monitoring the implementation of conservation and management measures adopted by the Commission and reporting of their findings in accordance with procedures to be developed by the Commission; |
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Art.28.6.f |
(f) the programme shall be cost effective, shall avoid duplication with existing regional, subregional and national observer programmes, and shall, to the extent practicable, seek to minimize disruption to the operations of vessels fishing in the Convention Area; |
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Art.28.6.g |
(g) a reasonable period of notice of the placement of an observer shall be given. |
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Art.28.7 |
7. The Commission shall develop further procedures and guidelines for the operation of the regional observer programme, including: |
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Art.28.7.a |
(a) to ensure the security of non-aggregated data and other information which the Commission deems to be of a confidential nature; |
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Art.28.7.b |
(b) for the dissemination of data and information collected by observers to the members of the Commission; |
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Art.28.7.c |
(c) for boarding of observers which clearly define the rights and responsibilities of the captain or master of the vessel and the crew when an observer is on board a vessel, as well as the rights and responsibilities of observers in the performance of their duties. 8. The Commission shall determine the manner in which the costs of the observer programme would be defrayed. |
