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Art.1 |
Article 1 Use of terms |
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Art.1.1x |
For the purposes of this Convention: |
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Art.1.1x.a |
(a) '1982 Convention' means the United Nations Convention on the Law of the Sea of 10 December 1982; |
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Art.1.1x.b |
(b) '1995 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, 1995; |
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Art.1.1x.c |
(c) 'Coastal State' means any Contracting Party with waters under national jurisdiction which are adjacent to the Convention Area; |
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Art.1.1x.d |
(d) 'Commission' means the South-East Atlantic Fisheries Commission established pursuant to Article 5; |
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Art.1.1x.e |
(e) 'Contracting Party' means any State or regional economic integration organisation which has consented to be bound by this Convention, and for which the Convention is in force; |
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Art.1.1x.f |
(f) 'Control measure' means any decision or action adopted by the Commission regarding observation, inspection, compliance and enforcement pursuant to Article 16; |
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Art.1.1x.g |
(g) 'Fisheries management organisation' means any intergovernmental organisation which has competence to take regulatory measures in relation to living marine resources; |
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Art.1.1x.h |
(h) 'Fishing' means: |
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Art.1.1x.h.i |
(i) the actual or attempted searching for, catching, taking or harvesting of fishery resources; |
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Art.1.1x.h.ii |
(ii) engaging in any activity which can reasonably be expected to result in the locating, catching, taking or harvesting of fishery resources for any purpose including scientific research; |
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Art.1.1x.h.iii |
(iii) placing, searching for or recovering any aggregating device for fishery resources or associated equipment including radio beacons; |
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Art.1.1x.h.iv |
(iv) any operation at sea in support of, or in preparation for, any activity described in this definition, except for any operation in emergencies involving the health and safety of crew members or the safety of a vessel; or |
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Art.1.1x.h.v |
(v) the use of an aircraft in relation to any activity described in this definition except for flights in emergencies involving the health or safety of crew members or the safety of a vessel; |
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Art.1.1x.i |
(i) 'Fishing entity' means any fishing entity referred to in Article 1 paragraph 3 of the 1995 Agreement; |
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Art.1.1x.j |
(j) 'Fishing vessel' means any vessel used or intended for use for the purposes of the commercial exploitation of fishery resources, including mother ships, any other vessels directly engaged in such fishing operations, and vessels engaged in transshipment; |
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Art.1.1x.k |
(k) 'Fishing research vessel' means any vessel engaged in fishing, as defined in point (h), for scientific research purposes, including permanent research vessels or vessels normally engaged in commercial fishing operations, or fishing support activities; |
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Art.1.1x.l |
(l) 'Fishery resources' means resources of fish, molluscs, crustaceans and other sedentary species within the Convention Area, excluding: |
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Art.1.1x.l.i |
(i) sedentary species subject to the fishery jurisdiction of coastal States pursuant to Article 77 paragraph 4 of the 1982 Convention; and |
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Art.1.1x.l.ii |
(ii) highly migratory species listed in Annex I of the 1982 Convention; |
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Art.1.1x.m |
(m) 'Flag State' means, unless otherwise indicated: |
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Art.1.1x.m.i |
(i) a state whose vessels are entitled to fly its flag; or |
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Art.1.1x.m.ii |
(ii) a regional economic integration organisation in which vessels are entitled to fly the flag of a member State of that regional economic integration organisation. |
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Art.1.1x.n |
(n) 'Living marine resources' means all living components of marine ecosystems, including seabirds; |
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Art.1.1x.o |
(o) 'Regional economic integration organisation' unless other-wise specified, means a regional economic integration organisation to which all 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; and |
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Art.1.1x.p |
(p) 'Transshipment' means unloading of all or any of the fishery resources on board a fishing vessel to another fishing vessel either at sea or in port without the products having been recorded by a port State as landed. |
