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Art.6 |
Article 6 The Commission |
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Art.6.1 |
1. Each Contracting Party shall be a member of the Commission. |
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Art.6.2 |
2. Each member shall appoint one representative to the Commission who may be accompanied by alternate representatives and advisers. |
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Art.6.3 |
3. The functions of the Commission shall be to: |
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Art.6.3.a |
(a) identify conservation and management needs; |
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Art.6.3.b |
(b) formulate and adopt conservation and management measures; |
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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; |
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Art.6.3.d |
(d) determine the nature and extent of participation in fishing; |
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Art.6.3.e |
(e) keep under review the status of stocks and gather, analyse and disseminate relevant information on stocks; |
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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; |
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Art.6.3.g |
(g) manage stocks on the basis of the precautionary approach to be developed in accordance with Article 7; |
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Art.6.3.h |
(h) establish appropriate cooperative mechanisms for effective monitoring, control, surveillance and enforcement; |
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Art.6.3.i |
(i) adopt measures concerning control and enforcement within the Convention Area; |
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Art.6.3.j |
(j) develop measures for the conduct of fishing for scientific research purposes; |
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Art.6.3.k |
(k) develop rules for the collection, submission, verification of, access to and use of data; |
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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; |
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Art.6.3.m |
(m) direct the Compliance and Scientific Committees, other subsidiary bodies, and the Secretariat; |
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Art.6.3.n |
(n) approve the budget of the Organisation; and |
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Art.6.3.o |
(o) carry out such other activities as may be necessary to fulfil its functions. |
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Art.6.4 |
4. The Commission shall adopt its rules of procedure. |
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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. |
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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. |
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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. |
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Art.6.8 |
8. The measures referred to in paragraph 3 may include the following: |
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Art.6.8.a |
(a) the quantity of any species which may be caught; |
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Art.6.8.b |
(b) the areas and periods in which fishing may occur; |
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Art.6.8.c |
(c) the size and sex of any species which may be taken; |
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Art.6.8.d |
(d) the fishing gear and technology which may be used; |
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Art.6.8.e |
(e) the level of fishing effort, including vessel numbers, types and sizes, which may be used; |
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Art.6.8.f |
(f) the designation of regions and sub-regions; |
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Art.6.8.g |
(g) other measures regulating fisheries with the objective of protecting any species; and |
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Art.6.8.h |
(h) other measures the Commission considers necessary to meet the objective of this Convention. |
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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. |
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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. |
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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: |
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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 |
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Art.6.11.b |
(b) the compliance of that Contracting Party with its obligations under this Convention. |
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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. |
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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. |
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Art.12 |
Article 12 Finance and budget |
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Art.12.1 |
1. At each annual meeting, the Commission shall adopt the Organisation's budget. In determining the size of the budget, the Commission shall give due consideration to the principle of cost effectiveness. |
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Art.12.2 |
2. A draft budget for the Organisation's next financial year shall be prepared by the Executive Secretary and submitted to the Contracting Parties at least 60 days before the annual meeting of the Commission. |
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Art.12.3 |
3. Each Contracting Party shall contribute to the budget. The contribution by each Contracting Party shall be according to a combination of an equal basic fee, and a fee based on the total catch in the Convention Area of species covered by the Convention. The Commission shall adopt and amend the proportion in which these contributions are applied taking into account the economic status of each Contracting Party. For Contracting Parties with territory adjoining the Convention Area, this shall be the economic status of that territory. |
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Art.12.4 |
4. For the first three years following the Convention's entry into force, or a shorter period as decided by the Commission, the contribution of each Contracting Party shall be equal. |
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Art.12.5 |
5. The Commission may request and accept financial contributions and other forms of assistance from organisations, individuals and other sources for purposes connected with the fulfilment of its functions. |
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Art.12.6 |
6. The financial activities of the Organisation,including the proportion of contributions referred to in paragraph 3, shall be conducted in accordance with Financial Regulations adopted by the Commission and shall be subject to an annual audit by independent auditors appointed by the Commission. |
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Art.12.7 |
7. Each Contracting Party shall meet its own expenses arising from attendance at meetings of the bodies of the Organisation. |
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Art.12.8 |
8. Unless otherwise decided by the Commission, a Contracting Party that is in arrears with its payment of any monies owing to the Organisation by more than two years: |
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Art.12.8.a |
(a) shall not participate in the taking of any decisions by the Commission; and |
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Art.12.8.b |
(b) may not notify non-acceptance of any measure adopted by the Commission until it has paid all monies owing by it to the Organisation. |
