Displaying 1 - 86 of 86

Paragraphs in "Convention On The Conservation And Management Of Fishery Resources In The South East Atlantic Ocean" coded as HOBS

Label Provision
Art.5 Article 5 The Organisation
Art.5.1 1. The Contracting Parties hereby establish and agree to maintain the South-East Atlantic Fisheries Organisation, herein 'the Organisation'.
Art.5.2 2. The Organisation shall comprise:
Art.5.2.a (a) the Commission;
Art.5.2.b (b) the Compliance and Scientific Committees, as subsidiary bodies, and any other subsidiary bodies that the Commission shall establish from time to time to assist in meeting the objective of this Convention; and
Art.5.2.c (c) the Secretariat.
Art.5.3 3. The Organisation shall have legal personality and shall enjoy in the territory of each of the Contracting Parties such legal capacity as may be necessary to perform its functions and achieve the objective of this Convention. The privileges and immunities to be enjoyed by the Organisation and its staff in the territory of a Contracting Party shall be determined by agreement between the Organisation and the Contracting Party concerned.
Art.5.4 4. The official languages of the Organisation shall be English and Portuguese.
Art.5.5 5. The headquarters of the Organisation shall be established in Namibia.
Art.6 Article 6 The Commission
Art.6.1 1. Each Contracting Party shall be a member of the Commission.
Art.6.2 2. Each member shall appoint one representative to the Commission who may be accompanied by alternate representatives and advisers.
Art.6.3 3. The functions of the Commission shall be to:
Art.6.3.a (a) identify conservation and management needs;
Art.6.3.b (b) formulate and adopt conservation and management measures;
Art.6.3.c (c) determine total allowable catches and/or levels of fishing effort, taking into account total fishing mortality, including of non-target species;
Art.6.3.d (d) determine the nature and extent of participation in fishing;
Art.6.3.e (e) keep under review the status of stocks and gather, analyse and disseminate relevant information on stocks;
Art.6.3.f (f) encourage, promote and, where appropriate by agreement, coordinate scientific research on fishery resources within the Convention Area and in adjacent waters under national jurisdiction;
Art.6.3.g (g) manage stocks on the basis of the precautionary approach to be developed in accordance with Article 7;
Art.6.3.h (h) establish appropriate cooperative mechanisms for effective monitoring, control, surveillance and enforcement;
Art.6.3.i (i) adopt measures concerning control and enforcement within the Convention Area;
Art.6.3.j (j) develop measures for the conduct of fishing for scientific research purposes;
Art.6.3.k (k) develop rules for the collection, submission, verification of, access to and use of data;
Art.6.3.l (l) compile and disseminate accurate and complete statistical data to ensure that the best scientific advice is available, while maintaining confidentiality, where appropriate;
Art.6.3.m (m) direct the Compliance and Scientific Committees, other subsidiary bodies, and the Secretariat;
Art.6.3.n (n) approve the budget of the Organisation; and
Art.6.3.o (o) carry out such other activities as may be necessary to fulfil its functions.
Art.6.4 4. The Commission shall adopt its rules of procedure.
Art.6.5 5. The Commission shall adopt measures, in accordance with international law, to promote compliance by vessels flying the flag of non-parties to this Convention with measures agreed by the Commission.
Art.6.6 6. The Commission shall take full account of the recommendations and advice from the Scientific and Compliance Committees in formulating its decisions. The Commission shall, in particular, take full account of the biological unity and other biological characteristics of the stocks.
Art.6.7 7. The Commission shall publish its conservation and management and control measures which are in force, and, as far as practicable, shall maintain records of other conservation and management measures in force in the Convention Area.
Art.6.8 8. The measures referred to in paragraph 3 may include the following:
Art.6.8.a (a) the quantity of any species which may be caught;
Art.6.8.b (b) the areas and periods in which fishing may occur;
Art.6.8.c (c) the size and sex of any species which may be taken;
Art.6.8.d (d) the fishing gear and technology which may be used;
Art.6.8.e (e) the level of fishing effort, including vessel numbers, types and sizes, which may be used;
Art.6.8.f (f) the designation of regions and sub-regions;
Art.6.8.g (g) other measures regulating fisheries with the objective of protecting any species; and
Art.6.8.h (h) other measures the Commission considers necessary to meet the objective of this Convention.
Art.6.9 9. Conservation and management and control measures adopted by the Commission in accordance with this Convention shall become effective in accordance with Article 23.
Art.6.10 10. Taking account of Articles 116-119 of the 1982 Convention, the Commission may draw the attention of any State or fishing entity which is a non-party to this Convention to any activity which in the opinion of the Commission affects implementation of the objective of this Convention.
Art.6.11 11. The Commission shall draw the attention of all Contracting Parties to any activity which in the opinion of the Commission undermines:
Art.6.11.a (a) the implementation by a Contracting Party of the objective of this Convention, or the compliance of that Contracting Party with its obligations under this Convention; or
Art.6.11.b (b) the compliance of that Contracting Party with its obligations under this Convention.
Art.6.12 12. The Commission shall take account of measures established by other organisations which affect living marine resources in the Convention Area, and, without prejudice to the objective of this Convention, shall seek to ensure consistency with such measures.
Art.6.13 13. If the Commission determines that a Contracting Party has ceased to participate in the work of the Organisation, the Commission shall consult with the Contracting Party concerned and may take a decision to address the matter, as it deems appropriate.
Art.8 Article 8 Meetings of the Commission
Art.8.1 1. The Commission shall hold an annual meeting and any other meetings as deemed necessary.
Art.8.2 2. The first meeting of the Commission shall be held within three months of the entry into force of this Convention, provided that among the Contracting Parties there are at least two States conducting fishing activities in the Convention Area. The first meeting shall, in any event, be held within six months of the entry into force of the Convention. The Government of Namibia shall consult with the Contracting Parties regarding the first Commission meeting. The provisional agenda shall be communicated to each signatory and Contracting Party not less than one month before the date of the meeting.
Art.8.3 3. The first meeting of the Commission shall, inter alia, give priority consideration to the costs associated with implementation of the Annex by the Secretariat and measures to fulfil the functions of the Commission set out in Article 6.3(k) and (l).
Art.8.4 4. The first meeting of the Commission shall be held at the headquarters of the Organisation. Thereafter, meetings of the Commission shall be held at the headquarters, unless the Commission decides otherwise.
Art.8.5 5. The Commission shall elect from among the representatives of the Contracting Parties a chairperson and vice chairperson, each of whom shall serve for a term of two years and shall be eligible for re-election for one additional term of two years. The first chairperson shall be elected at the first meeting of the Commission for an initial term of three years. The chairperson and vice chairperson shall not be representatives of the same Contracting Party.
Art.8.6 6. The Commission shall adopt rules of procedure to govern the participation of representatives from non-Parties to this Convention as observers.
Art.8.7 7. The Commission shall adopt rules of procedure to govern the participation of representatives from inter-governmental organisations as observers.
Art.8.8 8. Representatives from non-governmental organisations concerned with the stocks found in the Convention Area shall be given the opportunity to participate as observers in the meetings of the Organisation, subject to rules adopted by the Commission.
Art.8.9 9. The Commission shall adopt rules to govern such participation and to provide for transparency in the activities of the Organisation. The rules shall not be unduly restrictive in this respect and shall provide for timely access to records and reports of the Organisation, subject to the procedural rules on access to them. The Commission shall adopt such rules of procedure as soon as possible.
Art.8.10 10. The Contracting Parties may decide, by consensus, to invite representatives from non-parties to this Convention and from intergovernmental organisations to participate as observers until the rules regarding such participation are adopted by the Commission.
Art.17 Article 17 Decision making
Art.17.1 1. Decisions of the Commission on matters of substance shall be taken by consensus of the Contracting Parties present. The question of whether a matter is one of substance shall be treated as a matter of substance.
Art.17.2 2. Decisions on matters other than those referred to in paragraph 1 shall be taken by a simple majority of the Contracting Parties present and voting.
Art.17.3 3. In the taking of decisions pursuant to this Convention, a regional economic integration organisation shall have only one vote.
Art.18 Article 18 Cooperation with other organisations
Art.18.1 1. The Organisation shall cooperate, as appropriate, with the Food and Agriculture Organisation of the United Nations and with other specialised agencies and organisations on matters of mutual interest.
Art.18.2 2. The Organisation shall seek to develop cooperative working relationships with other inter-governmental organisations which can contribute to their work and which have an interest in ensuring the long-term conservation and sustainable use of living marine resources in the Convention Area.
Art.18.3 3. The Commission may enter into agreements with the organisations referred to in this article and with other organisations as may be appropriate. The Commission may invite such organisations to send observers to its meetings, or to the meetings of any subsidiary bodies of the Organisation.
Art.18.4 4. In the application of Articles 2 and 3 of this Convention to fishery resources, the Organisation shall cooperate with other relevant fisheries management organisations and take account of their conservation and management measures applicable in the region.
Art.21 Article 21 Recognition of the special requirements of developing States in the region
Art.21.1 1. The Contracting Parties shall give full recognition to the special requirements of developing States in the region in relation to conservation and management of fishery resources and the development of such resources.
Art.21.2 2. In giving effect to the duty to cooperate in the establishment of conservation and management measures for stocks covered by this Convention, the Contracting Parties shall take into account the special requirements of such developing States, in particular:
Art.21.2.a (a) the vulnerability of developing States in regions which are dependent on the exploitation of living marine resources, including for meeting the nutritional requirements of their populations or parts thereof;
Art.21.2.b (b) the need to avoid adverse impacts on, and ensure access to fisheries by, subsistence, small-scale and artisanal fishers and women fishworkers; and
Art.21.2.c (c) the need to ensure that such measures do not result in transferring, directly or indirectly, a disproportionate burden of conservation action onto developing States in the region.
Art.21.3 3. The Contracting Parties shall cooperate through the Commission and other subregional or regional organisations involved in the management of fishery resources:
Art.21.3.a (a) to enhance the ability of developing States in the region to conserve and manage fishery resources and to develop their own fisheries for such resources; and
Art.21.3.b (b) to assist developing States in the region which may fish for fishery resources, to enable them to participate in fisheries for such resources, including facilitating access in accordance with this Convention.
Art.21.4 4. Cooperation with developing States in the region for the purposes set out in this article shall include the provision of financial assistance, assistance relating to human resources development, technical assistance, transfer of technology, and activities directed specifically towards:
Art.21.4.a (a) improved conservation and management of the fishery resources covered by this Convention through collection, reporting, verification, exchange and analysis of fisheries data and related information;
Art.21.4.b (b) stock assessment and scientific research; and
Art.21.4.c (c) monitoring, control, surveillance, compliance and enforcement, including training and capacity-building at the local level, development and funding of national and regional observer programmes and access to technology and equipment.
Art.22 Article 22 Non-Parties to this Convention
Art.22.1 1. The Contracting Parties shall, either directly or through the Commission, request non-parties to this Convention whose vessels fish in the Convention Area to cooperate fully with the Organisation either by becoming party to the Convention or by agreeing to apply the conservation and management measures adopted by the Commission with a view to ensuring that such measures are applied to all fishing activities in the Convention Area. Such non-parties to this Convention shall enjoy benefits from participation in the fishery commensurate with their commitment to comply with conservation and management measures in respect of the relevant stocks.
Art.22.2 2. Contracting Parties may exchange information between each other or through the Commission on, and shall inform the Commission of activities of, fishing vessels flying the flags of the non-parties to this Convention which are engaged in fishing operations in the Convention Area, and of any action taken in response to fishing by non-parties to this Convention. The Commission shall share information on such activities with other appropriate regional or subregional organisations and arrangements.
Art.22.3 3. The Contracting Parties may, either directly or through the Commission, take measures, which are consistent with international law, and which they deem necessary and appropriate, to deter fishing activities by fishing vessels of non-parties to this Convention which undermine the effectiveness of conservation and management measures adopted by the Commission.
Art.22.4 4. The Contracting Parties shall, individually or jointly, request fishing entities which have fishing vessels in the Convention Area to cooperate fully with the organisation in implementing conservation and management measures, with a view to having such measures applied de facto as extensively as possible to fishing activities in the Convention Area. Such fishing entities shall enjoy benefits from participation in the fishery commensurate with their commitment to comply with conservation and management measures in respect of the stocks. The Commission may invite non-parties to this Convention to send observers to its meetings, or to the meetings of any subsidiary bodies of the Organisation.