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Paragraphs in "Convention on the Conservation and Management of the Highly Migratory Fish Stocks of the Western and Central Pacific Ocean" coded as DEFN

Label Provision
Art.1 Article 1 Use of terms
Art.1.1x For the purposes of this Convention:
Art.1.1x.a (a) "1982 Convention" means the United Nations Convention on the Law of the Sea of 10 December 1982;
Art.1.1x.b (b) "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;
Art.1.1x.c (c) "Commission" means the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean established in accordance with this Convention;
Art.1.1x.d (d) "fishing" means:
Art.1.1x.d.i (i) searching for, catching, taking or harvesting fish;
Art.1.1x.d.ii (ii) attempting to search for, catch, take or harvest fish;
Art.1.1x.d.iii (iii) engaging in any other activity which can reasonably be expected to result in the locating, catching, taking or harvesting of fish for any purpose;
Art.1.1x.d.iv (iv) placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons;
Art.1.1x.d.v (v) any operations at sea directly in support of, or in preparation for, any activity described in subparagraphs (i) to (iv), including transhipment;
Art.1.1x.d.vi (vi) use of any other vessel, vehicle, aircraft or hovercraft, for any activity described in subparagraphs (i) to (v) except for emergencies involving the health and safety of the crew or the safety of a vessel;
Art.1.1x.e (e) "fishing vessel" means any vessel used or intended for use for the purpose of fishing, including support ships, carrier vessels and any other vessel directly involved in such fishing operations;
Art.1.1x.f (f) "highly migratory fish stocks" means all fish stocks of the species listed in Annex 1 of the 1982 Convention occurring in the Convention Area, and such other species of fish as the Commission may determine;
Art.1.1x.g (g) "regional economic integration organization" means a regional economic integration organization to which 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;
Art.1.1x.h (h) "transhipment" means the unloading of all or any of the fish on board a fishing vessel to another fishing vessel either at sea or in port.
Art.20 Article 20 Decision-making
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.
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.
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.
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.
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.
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:
Art.20.6.a (a) the decision is inconsistent with the provisions of this Convention, the Agreement or the 1982 Convention; or
Art.20.6.b (b) the decision unjustifiably discriminates in form or in fact against the member concerned.
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.
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.
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.
Sect.7 SECTION 7. TRANSPARENCY AND COOPERATION WITH OTHER ORGANIZATIONS