Proposal for a Council Decision on the conclusion by the European Community of the Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean (COM(2001) 679 final — 2001/0280(CNS))
Date: 2001-11-21
Institutions: European Commission
Subjects: Atlantic Ocean, UN convention, agreement (EU), conservation of resources, fishery resources, international convention, management of resources

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Proposal for a Council Decision on the conclusion by the European Community of the Convention
on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean

(2002/C 75 E/09)

COM(2001) 679 final (cid:151) 2001/0280(CNS)

(Submitted by the Commission on 21 November 2001)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 37 in conjunction with
the first sentence of the first subparagraph of Article 300(2)
and the first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

(1) The Community is competent to adopt measures for the
conservation and management of fishery resources and to
enter
into agreements with other countries and inter-
national organisations.

(2) The Community is a contracting party to the United
Nations Convention on the Law of
the Sea, which
requires all members of the international community to
cooperate in conserving and managing the sea’s biological
resources.

(3) The Community has

signed the Agreement on 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 (1).

(4) The Community has taken an active part in the process,
initiated in 1997, of drawing up a Convention on the
Conservation and Management of Fishery Resources in

and other

the South-East Atlantic Ocean, together with the Coastal
States
this
the diplomatic conference in Windhoek,
Convention at
Namibia, on 20 April 2001,
in accordance with the
Council Decision to this end (2).

interested parties.

signed

It

(5) Community fishermen operate in the Convention Area. It is
thus in the Community’s interest to become a full member
of the regional fisheries organisation to be set up under
this Convention. The Community should therefore approve
the Convention,

HAS DECIDED AS FOLLOWS:

Article 1

The Convention on the Conservation and Management of
Fishery Resources in the South-East Atlantic Ocean is hereby
approved on behalf of the European Community.

The text of the Convention is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate
the persons empowered to deposit the instrument of approval
with the Director-General of the Food and Agriculture Organi-
sation of the United Nations in accordance with Article 25(2)
of the Convention.

(1) OJ L 189, 3.7.1998, p. 14.

(2) OJ L 111, 20.4.2001, p. 15.

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on the conservation and management of fishery resources in the South East Atlantic Ocean

CONVENTION

THE CONTRACTING PARTIES TO THIS CONVENTION,

COMMITTED to ensuring the long term conservation and sustainable use of all living marine resources in
the South East Atlantic Ocean, and to safeguarding the environment and marine ecosystems in which the
resources occur;

RECOGNISING the urgent and constant need for effective conservation and management of the fishery
resources in the high seas of the South East Atlantic Ocean;

RECOGNISING THE RELEVANT PROVISIONS of the United Nations Convention on the Law of the Sea of
10 December 1982; 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; and taking into account the FAO
to Promote Compliance with International Conservation and Management Measures by
Agreement
Fishing Vessels on the High Seas, 1993 and the FAO Code of Conduct for Responsible Fisheries, 1995;

RECOGNISING the duties of States to cooperate with each other in the conservation and management of
living resources in the South East Atlantic Ocean;

DEDICATED to exercising and implementing the precautionary approach in the management of fishery
resources, in line with the principles set out in 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, and with the FAO
Code of Conduct for Responsible Fisheries, 1995;

RECOGNISING that the long term conservation and sustainable use of high seas fishery resources require
cooperation among States through appropriate subregional or regional organisations which agree upon the
measures necessary for this purpose;

COMMITTED to responsible fisheries;

NOTING that the coastal States have established areas of national jurisdiction in accordance with the United
Nations Convention on the Law of the Sea of 10 December 1982, and general principles of international
law within which they exercise sovereign rights for the purpose of exploring and exploiting, conserving
and managing living marine resources;

DESIRING cooperation with the coastal States and with all other States and Organisations having a real
interest in the fishery resources of the South East Atlantic Ocean to ensure compatible conservation and
management measures;

RECOGNISING economic and geographical considerations and the special requirements of developing States,
and their coastal communities, for equitable benefit from living marine resources;

CALLING upon States which are not Contracting Parties to this Convention, and which do not otherwise
agree to apply the conservation and management measures adopted under this Convention, not to
authorise vessels flying their flags to engage in fishing for the resources which are the subject of this
Convention;

CONVINCED that the establishment of an organisation for the long term conservation and sustainable use
of the fishery resources in the South East Atlantic Ocean would best serve these purposes;

BEARING IN MIND that the achievements of the above will contribute to the realisation of a just and
equitable economic order in the interests of all humankind, and in particular the special interests and
needs of developing States,

HAVE AGREED AS FOLLOWS:

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Article 1

Use of terms

For the purposes of this Convention:

(v) the use of an aircraft

in relation to any activity
described in this definition except
in
for
emergencies involving the health or safety of crew
members or the safety of a vessel;

flights

(a)

(cid:145)1982 Convention(cid:146) means the United Nations Convention
on the Law of the Sea of 10 December 1982;

(i)

(cid:145)Fishing entity(cid:146) means any fishing entity referred to in
article 1 paragraph 3 of the 1995 Agreement;

(b)

(cid:145)1995 Agreement(cid:146) means the Agreement for the Implemen-
tation 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;

(c)

(cid:145)Coastal State(cid:146) means any Contracting Party with waters
under national
to the
Convention Area;

jurisdiction which are adjacent

(d)

(cid:145)Commission(cid:146) means
Commission established pursuant to article 5;

the South East Atlantic Fisheries

(e)

(f)

(cid:145)Contracting Party(cid:146) 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;

(cid:145)Control measure(cid:146) means any decision or action adopted by
the
inspection,
regarding
compliance and enforcement pursuant to article 16;

Commission

observation,

(g)

(cid:145)Fisheries management organisation(cid:146) means any intergov-
ernmental organisation which has competence to take
regulatory measures in relation to living marine resources;

(h) (cid:145)Fishing(cid:146) means:

(i) the actual or attempted searching for, catching, taking

or harvesting of fishery resources;

(ii) engaging in any activity which can reasonably be
expected to result in the locating, catching, taking or
harvesting of
any purpose
including scientific research;

fishery resources

for

(iii) placing, searching for or recovering any aggregating
device for fishery resources or associated equipment
including radio beacons;

(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

(j)

(k)

(cid:145)Fishing vessel(cid:146) 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;

(cid:145)Fishing research vessel(cid:146) means any vessel engaged in
fishing, as defined in (h), for scientific research purposes,
including permanent research vessels or vessels normally
engaged in commercial
fishing
support activities;

fishing operations, or

(l)

(cid:145)Fishery resources(cid:146) means resources of fish, molluscs, crus-
taceans and other sedentary species within the Convention
Area, excluding:

(i) sedentary species subject to the fishery jurisdiction of
coastal States pursuant to article 77 paragraph 4 of the
1982 Convention; and

(ii) highly migratory species listed in Annex I of the 1982

Convention;

(m) (cid:145)Flag State(cid:146) means, unless otherwise indicated:

(i) a State whose vessels are entitled to fly its flag; or

(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;

(n) (cid:145)Living marine resources(cid:146) means all living components of

marine ecosystems, including seabirds;

(o)

economic

organisation(cid:146)

(cid:145)Regional
unless
integration
otherwise specified, means a regional economic integration
its member States have trans-
organisation to which all
this
covered
competence
ferred
Convention,
including the authority to make decisions
binding on its member States in respect of those matters;
and

over matters

by

(p) (cid:145)Transshipment(cid:146) means unloading of all or any of

the
to another
fishery resources on board a fishing vessel
fishing vessel either at
the
products having been recorded by a port State as landed.

in port without

sea or

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Article 2

Objective

Article 5

The organisation

The objective of this Convention is to ensure the long-term
conservation and sustainable use of the fishery resources in the
Convention Area through the effective implementation of this
Convention.

1.
The Contracting Parties hereby establish and agree to
maintain the South East Atlantic Fisheries Organisation,
herein (cid:145)the Organisation(cid:146).

Article 3

General principles

the
In giving effect
Contracting Parties, where appropriate through the Organi-
sation, shall, in particular:

to the objective of

this Convention,

(a) adopt measures, based on the best scientific evidence
to ensure the long term conservation and
the fishery resources to which this

available,
sustainable use of
Convention applies;

(b) apply the precautionary approach in accordance with

article 7;

(c) apply the provisions of this Convention relating to fishery
fishing
such as

resources,
operations
on ecologically
seabirds, cetaceans, seals and marine turtles;

the impact of
species

taking due account of

related

(d) adopt, where necessary, conservation and management
measures for species belonging to the same ecosystem as,
or associated with or dependent upon, the harvested fishery
resources;

(e) ensure that

fishery practices and management measures
the need to minimise harmful

take due account of
impacts on living marine resources as a whole; and

(f) protect biodiversity in the marine environment.

Article 4

Geographical application

Except as otherwise provided, this Convention applies within
the Convention Area, being all waters beyond areas of national
jurisdiction in the area bounded by a line joining the following
points along parallels of latitude and meridians of longitude:

beginning at the outer limit of waters under national
juris-
diction at a point 6(cid:176) South, thence due west along the 6(cid:176)
South parallel to the meridian 10(cid:176) West, thence due north
along the 10(cid:176) West meridian to the equator, thence due west
along the equator to the meridian 20(cid:176) West, thence due south
along the 20(cid:176) West meridian to a parallel 50(cid:176) South, thence
due east along the 50(cid:176) South parallel to the meridian 30(cid:176) East,
thence due north along the 30(cid:176) East meridian to the coast of
the African continent.

2.

The Organisation shall comprise:

(a) the Commission;

(b) the Compliance and Scientific Committees, as subsidiary
the
bodies,
Commission shall establish from time to time to assist in
meeting the objective of this Convention; and

subsidiary bodies

any other

that

and

(c)

the Secretariat.

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.

The official languages of the Organisation shall be English

4.
and Portuguese.

The headquarters of the Organisation shall be established

5.
in Namibia.

Article 6

The Commission

Each Contracting Party shall be a member of

1.
Commission.

the

2.
Each member shall appoint one representative to the
Commission who may be accompanied by alternate represen-
tatives and advisers.

3.

The functions of the Commission shall be to:

(a)

identify conservation and management needs;

(b)

formulate
measures;

and adopt

conservation and management

(c) determine total allowable catches and/or levels of fishing
effort, taking into account total fishing mortality, including
of non-target species;

(d) determine the nature and extent of participation in fishing;

(e) keep under review the status of stocks and gather, analyse

and disseminate relevant information on stocks;

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(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;

(g) manage stocks on the basis of the precautionary approach

to be developed in accordance with article 7;

(h) establish appropriate cooperative mechanisms for effective

monitoring, control, surveillance and enforcement;

(i)

(j)

adopt measures concerning control and enforcement
within the Convention Area;

develop measures for the conduct of fishing for scientific
research purposes;

(k) develop rules for the collection, submission, verification of,

access to and use of data;

(l)

compile and disseminate accurate and complete statistical
data to ensure that the best scientific advice is available,
while maintaining confidentiality, where appropriate;

(m) direct the Compliance and Scientific Committees, other

subsidiary bodies, and the Secretariat;

(n) approve the budget of the Organisation; and

(o) carry out such other activities as may be necessary to fulfil

its functions.

(e)

the level of fishing effort, including vessel numbers, types
and sizes, which may be used;

(f)

the designation of regions and sub-regions;

(g) other measures regulating fisheries with the objective of

protecting any species; and

(h) other measures the Commission considers necessary to

meet the objective of this Convention.

Conservation and management and control measures
9.
adopted by
the Commission in accordance with this
Convention shall become effective in accordance with article
23.

Taking account of

articles 116-119 of

the 1982
10.
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.

The Commission shall draw the

11.
all
Contracting Parties to any activity which in the opinion of
the Commission undermines:

attention of

(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

4.

The Commission shall adopt its rules of procedure.

(b) the compliance of

that Contracting Party with its obli-

gations under this Convention.

The Commission shall adopt measures,

5.
with international
flying the flag of non-parties
measures agreed by the Commission.

in accordance
to promote compliance by vessels
to this Convention with

law,

6.
The Commission shall take full account of the recom-
mendations 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.

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 conser-
vation and management measures in force in the Convention
Area.

The measures referred to in paragraph 3 may include the

8.
following:

(a)

the quantity of any species which may be caught;

(b) the areas and periods in which fishing may occur;

(c)

the size and sex of any species which may be taken;

(d) the fishing gear and technology which may be used;

The Commission shall take account of measures estab-
12.
lished by other organisations which affect
living marine
resources in the Convention Area, and, without prejudice to
the objective of
seek to ensure
consistency with such measures.

this Convention,

shall

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.

Article 7

Application of the precautionary approach

The Commission shall apply the precautionary approach
1.
widely to conservation and management and exploitation of
fishery resources in order
those resources and
preserve the marine environment.

to protect

shall

The Commission

cautious when
2.
be more
information is uncertain, unreliable or
inadequate. The
absence of adequate scientific information shall not be used
as a reason for postponing or failing to take conservation
and management measures.

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In implementing this article, the Commission shall take
3.
regarding the
international practices
cognisance of best
application of the precautionary approach,
including Annex
II of the 1995 Agreement and the FAO Code of Conduct for
Responsible Fisheries, 1995.

Article 8

Meetings of the Commission

The Commission shall hold an annual meeting and any

1.
other meetings as deemed necessary.

The first meeting of the Commission shall be held within
2.
three months of
this Convention,
the entry into force of
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 Convention. The
Government of Namibia shall consult with the Contracting
Parties regarding the first Commission meeting. The provisional
and
agenda
Contracting Party not less than one month before the date of
the meeting.

communicated to each signatory

the entry into force of

shall be

3.
The first meeting of the Commission shall, inter alia, give
priority consideration to the costs associated with implemen-
tation of the Annex by the Secretariat and measures to fulfil
the functions of the Commission set out in article 6.3 (k)
and (l).

4.
The first meeting of the Commission shall be held at the
headquarters of the Organisation. Thereafter, meetings of the
the headquarters, unless the
Commission shall be held at
Commission decides otherwise.

The Commission shall elect from among the represen-
5.
tatives of the Contracting Parties a chairperson and vice chair-
person, 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 chair-
person and vice chairperson shall not be representatives of the
same Contracting Party.

The Commission shall adopt rules of procedure to govern
6.
the participation of representatives from non-Parties to this
Convention as observers.

The Commission shall adopt rules of procedure to govern
7.
the participation of representatives from inter-governmental
organisations as observers.

Representatives

8.
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.

The Commission shall adopt rules to govern such partici-
9.
pation 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.

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
regarding such participation are
adopted by the Commission.

the rules

Article 9

The Compliance Committee

1.
Each Contracting Party shall be entitled to appoint one
representative to the Compliance Committee who may be
accompanied by alternate representatives and advisers.

2.
the
Unless otherwise decided by the Commission,
functions of the Compliance Committee shall be to provide
the Commission with information, advice and recommen-
dations on the implementation of, and compliance with,
conservation and management measures.

3.
In performing its functions, the Compliance Committee
shall conduct activities as the Commission may direct and shall:

(a) coordinate compliance activities undertaken by or on behalf

of the Organisation;

(b) coordinate with the Scientific Committee on matters of

common concern; and

(c) perform such other tasks as directed by the Commission.

The Compliance Committee

4.
necessary by the Commission.

shall meet as deemed

The Compliance Committee shall adopt, and amend as
5.
necessary, rules of procedure for the conduct of its meetings
and the
and any
amendments thereto shall be approved by the Commission.
include procedures for the presentation of
The rules shall
minority reports.

functions. The

exercise of

rules

its

6.
The Compliance Committee may establish, with the
approval of the Commission, such subsidiary bodies as are
necessary for the performance of its functions.

Article 10

The Scientific Committee

1.
Each Contracting Party shall be entitled to appoint one
representative to the Scientific Committee who may be accom-
panied by alternate representatives and advisers.

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The Scientific Committee may seek expert advice as

2.
required on an ad hoc basis.

Article 11

The Secretariat

The functions of the Scientific Committee shall be to
3.
provide the Commission with scientific advice and recommen-
dations for the formulation of conservation and management
measures for fishery resources covered by this Convention, and
to encourage and promote cooperation in scientific research in
order to improve knowledge of the living marine resources of
the Convention Area.

1.
The Commission shall appoint an Executive Secretary
according to such procedures and on such terms and
conditions as the Commission may determine.

2.
The Executive Secretary shall be appointed for a term of
four years and may be reappointed for one additional term not
exceeding four years.

4.
In performing its functions, the Scientific Committee shall
conduct such activities as the Commission may direct and shall:

(a) consult, cooperate and encourage the collection, study and
to the living marine

information relevant
exchange of
resources of the Convention Area;

3.
The Commission shall authorise such staff for the Secre-
tariat as may be necessary and the Executive Secretary shall
appoint, direct and supervise such staff according to staff regu-
lations approved by the Commission.

The Executive Secretary and the Secretariat shall perform

4.
the functions delegated to them by the Commission.

(b) establish criteria and methods to be used in determining

conservation and management measures;

(c) assess the status and trends of relevant populations of

living marine resources;

(d) analyse data on the direct and indirect effects of fishing and
other human activities on populations of fishery resources;

Article 12

Finance and budget

At each annual meeting, the Commission shall adopt the
1.
Organisation’s budget. In determining the size of the budget,
the Commission shall give due consideration to the principle of
cost effectiveness.

(e) assess the potential effects of proposed changes in the
methods or levels of fishing and of proposed conservation
and management measures; and

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 sixty days before the annual
meeting of the Commission.

(f)

transmit reports and recommendations to the Commission
as directed, or on its own initiative, regarding conservation
and management measures and research.

In carrying out its functions, the Scientific Committee
5.
shall
seek to take into consideration the work of other
fisheries management organisations, as well as other technical
and scientific bodies.

The first meeting of the Scientific Committee shall be
the

6.
held within three months of
Commission.

the first meeting of

7.
The Scientific Committee shall adopt, and amend as
necessary, rules of procedure for the conduct of its meetings
and the
and any
amendments thereto shall be approved by the Commission.
The rules shall
include procedures for the presentation of
minority reports.

functions. The

exercise of

rules

its

8.
The Scientific Committee may establish, with the
approval of the Commission, such subsidiary bodies as are
necessary for the performance of its functions.

Party

Each Contracting Party shall contribute to the budget.
3.
The
shall be
each Contracting
contribution by
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.

For the first three years following the Convention’s entry
4.
into force, or a shorter period as decided by the Commission,
the contribution of each Contracting Party shall be equal.

The Commission may request and accept

financial
5.
contributions and other forms of assistance from organisations,
individuals and other sources for purposes connected with the
fulfilment of its functions.

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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Each Contracting Party shall meet
7.
arising from attendance at meetings of
Organisation.

its own expenses
the
the bodies of

and international law, in order to ensure the effectiveness of
the measures adopted by the Commission.

Unless otherwise

a
8.
Contracting Party that is in arrears with its payment of any
monies owing to the Organisation by more than two years:

the Commission,

decided

by

(a) shall not participate in the taking of any decisions by the

Commission; and

(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.

Article 13

Contracting party obligations

Each Contracting Party shall,

1.
within the Convention Area:

in respect of its activities

(a) collect and exchange scientific, technical and statistical data
covered by this

to fisheries

resources

with respect
Convention;

(b) ensure that data are collected in sufficient detail to facilitate
effective stock assessment and are provided in a timely
manner to fulfil the requirements of the Commission;

(c)

take appropriate measures to verify the accuracy of such
data;

(d) provide annually to the Organisation such statistical,
the

and information as

and other data

biological
Commission may require;

as may be

(e) provide to the Organisation in the manner and at such
the Commission,
intervals
information concerning its
including
fishing areas and fishing vessels in order to facilitate the
compilation of reliable catch and effort statistics; and

fishing activities,

required by

(f) provide to the Commission at such intervals as it may
require information on steps
the
conservation and management measures adopted by the
Commission.

taken to implement

2.
Each coastal State shall, in respect of activities that occur
in its area of national jurisdiction relating to straddling stocks
of fishery resources, provide to the Organisation data required
in accordance with paragraph 1.

3.
this
Each Contracting Party shall promptly implement
Convention and any conservation, management and other
measures or matters which may be agreed by the Commission.

4.
Each Contracting Party shall take appropriate measures,
in accordance with the measures adopted by the Commission

Each Contracting Party shall transmit to the Commission
5.
an annual
and compliance
measures, including imposition of sanctions for any violations,
it has taken in accordance with this article.

statement of

implementing

6. (a) Without prejudice to the primacy of the responsibility of
the flag State, each Contracting Party shall,
to the
greatest extent possible,
take measures, or cooperate,
to ensure that its nationals fishing in the Convention
Area and its industries comply with the provisions of
this Convention. Each Contracting Party shall, on a
regular
such
basis,
measures taken.

inform the Commission

of

(b) Fishing opportunities granted to the Contracting Parties
by the Commission shall be exercised exclusively by
vessels flying the flag of Contracting Parties.

7.
Each coastal State shall regularly inform the Organisation
of the measures they have adopted for fishery resources within
areas of water under their national jurisdiction adjacent to the
Convention Area.

8.
Each Contracting Party shall fulfil in good faith the obli-
gations assumed under this Convention and shall exercise the
rights recognised in this Convention in a manner which would
not constitute an abuse of rights.

Article 14

Flag State duties

Each Contracting Party shall take such measures as may
1.
be necessary to ensure that vessels flying its flag comply with
the conservation and management and control measures
adopted by the Commission and that they do not engage in
any activities which undermine the effectiveness of
such
measures.

2.
Each Contracting Party shall authorise the use of vessels
flying its flag for fishing in the Convention Area only where it
is able to exercise effectively its responsibilities in respect of
such vessels under this Convention.

3.
Each Contracting Party shall take appropriate measures in
respect of vessels flying its flag which are in accordance with
measures adopted by the Commission and which give effect
thereto, and which take account of existing international
practices. These measures shall include, inter alia:

(a) measures

that

to ensure

investigates
immediately and reports
taken in
response to an alleged violation by a vessel flying its flag
of measures adopted by the Commission;

fully on actions

State

flag

a

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(b) control of such vessels in the Convention Area by means of

fishing authorisation;

of a stock covered by this Convention has been taken in a
manner which undermines the effectiveness of conservation
and management measures adopted by the Commission.

(c) establishment of a national record of fishing vessels auth-
orised to fish in the Convention Area and provision for
sharing this
information with the Commission on a
regular basis;

(d) requirements for marking of fishing vessels and fishing gear

for identification;

(e) requirements for recording and timely reporting of vessel
target and non-target species, catch
and other
fishing effort

catch transshipped,

position, catch of
landed,
relevant fisheries data;

(f)

regulation of transshipment to ensure that the effectiveness
of
is not
undermined;

conservation and management measures

(g) measures

to permit access by observers

from other
Contracting Parties to carry out functions as agreed by
the Commission; and

(h) measures to require the use of a vessel monitoring system

as agreed by the Commission.

4.
Each Contracting Party shall ensure that vessels flying its
flag do not undermine measures agreed by the Commission
to the
through unauthorised fishing within areas adjacent
Convention Area on stocks occurring in the Convention Area
and the adjacent area.

Article 15

Port State duties and measures taken by a port State

1. Measures taken by a port State in accordance with this
Convention shall take full account of the right and the duty of
a port State to take measures, in accordance with international
law, to promote the effectiveness of subregional, regional and
global conservation and management measures.

Party

Each Contracting

in accordance with
2.
measures agreed by the Commission,
inspect
documents, fishing gear and catch on board fishing vessels,
when such vessels are voluntarily in its ports or at
its
offshore terminals.

inter alia,

shall,

Party

Each Contracting

3.
in accordance with
measures agreed by the Commission, adopt regulations in
accordance with international
landings and
transshipments by vessels flying the flag of non-parties to
this Convention where it has been established that the catch

law to prohibit

shall,

the

control measure

4.
In the event that a port State considers that there has
been a violation by a Contracting Party vessel of a conservation
and management or
the
Commission, the port State shall draw this to the attention
the
concerned and,
of
Commission. The port State shall provide the flag State and
the Commission with full documentation of
the matter,
including any record of
In such cases, the flag
inspection.
State shall transmit to the Commission details of actions it
has taken in respect of the matter.

adopted by

appropriate,

flag State

as

Nothing in this article affects the exercise by States of
5.
their sovereignty over ports in their territory in accordance
with international law.

All measures taken under this article shall be taken in

6.
accordance with international law.

Article 16

Observation, inspection, compliance and enforcement

The Contracting Parties, through the Commission, shall
1.
establish a system of observation, inspection, compliance and
enforcement, hereafter (cid:145)the System(cid:146), to strengthen the effective
exercise of flag State responsibility by Contracting Parties for
fishing vessels and fishing research vessels flying their flags in
the Convention Area. The major purpose of the System is to
ensure that Contracting Parties effectively discharge their obli-
gations under this Convention and, where applicable, under the
in order to ensure compliance with the
1995 Agreement,
agreed by the
conservation and management measures
Commission.

In establishing the System,

2.
guided, inter alia, by the following principles:

the Commission shall be

(a)

fostering of cooperation among Contracting Parties to
ensure effective implementation of the System;

(b) a System which is impartial and non-discriminatory in

nature;

(c) verification

compliance with
management measures agreed by the Commission; and

conservation

of

and

(d) prompt action on reports of infringements in contravention

of measures agreed by the Commission.

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In applying these principles the System shall,

3.
comprise the following elements:

inter alia,

present. The question of whether a matter
substance shall be treated as a matter of substance.

is one of

(a) control measures, including the authorisation of vessels to
fish, the marking of vessels and fishing gear, the recording
of fishing activities, and the near-to-real time reporting of
vessel movements and activities by means such as satellite
surveillance;

(b) an inspection programme, both at

sea and in port,
for boarding and inspection of

including procedures
vessels, on a reciprocal basis;

of

inter

conduct

including,

(c) an observer programme based on common standards for
the
alia,
observation,
arrangements for the placing of observers by a Contracting
Party on vessels flying the flag of another Contracting Party
that Party; an appropriate level of
with the consent of
coverage for different sizes and types of
fishing vessels
and fishery research vessels; and measures for reporting
by observers of information regarding apparent violations
of conservation and management measures,
taking into
account the need to ensure the safety of observers; and

(d) procedures for the follow-up on infringements detected
under the System,
investigation,
reporting procedures, notification of proceedings and
sanctions, and other enforcement actions.

including standards of

The System shall have a multilateral and integrated

4.
character.

5.
In order to strengthen the effective exercise of flag State
responsibility by Contracting Parties for fishing vessels and
fishery research vessels flying their flags in the Convention
Area, the interim arrangements set out in the Annex, which
forms an integral part of this Convention, shall apply upon
entry into force of this Convention and remain in force until
the establishment of
the Commission
decides otherwise.

the System or until

If, within two years of

the entry into force of

6.
this
Convention, the Commission has not established the System,
the Commission shall, at the request of any Contracting Party,
consideration to adoption of boarding and
give urgent
to strengthen the effective
inspection procedures in order
their obligations under
discharge by Contracting Parties of
this Convention and where applicable, under
the 1995
the Commission may be
Agreement. A special meeting of
convened for this purpose.

Article 17

Decision making

1.
shall be taken by consensus of

Decisions of the Commission on matters of substance
the Contracting Parties

Decisions on matters other than those referred to in
the

2.
paragraph 1 shall be taken by a simple majority of
Contracting Parties present and voting.

3.
In the taking of decisions pursuant to this Convention, a
regional economic integration organisation shall have only one
vote.

Article 18

Cooperation with other organisations

1.
The Organisation shall cooperate, as appropriate, with the
Food and Agriculture Organization of the United Nations and
with other specialised agencies and organisations on matters of
mutual interest.

The Organisation shall

2.
seek to develop cooperative
working relationships with other inter-governmental organi-
sations 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.

3.
The Commission may enter into agreements with the
organisations referred to in this article and with other organi-
sations 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.

In the application of articles 2 and 3 of this Convention
the Organisation shall cooperate with
fisheries management organisations and take
their conservation and management measures

4.
to fishery resources,
other relevant
account of
applicable in the region.

Article 19

Compatibility of conservation and management measures

The Contracting Parties recognise the need to ensure
1.
compatibility of
conservation and management measures
adopted for straddling fish stocks on the high seas and in
areas under national jurisdiction. To this end, the Contracting
Parties have a duty to cooperate for the purposes of achieving
compatible measures in respect of such stocks of
fisheries
resources as occur in the Convention area and in areas under
the jurisdiction of any Contracting Party. The appropriate
Contracting Party and the Commission shall accordingly
promote the compatibility of such measures. This compatibility
shall be ensured in such a way which does not undermine
measures established in accordance with articles 61 and 119
of the 1982 Convention.

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For the purpose of paragraph 1, the coastal States and the
2.
Commission shall develop and agree on standards for reporting
and exchanging data on fisheries for the stocks concerned as
well as statistical data on the status of the stocks.

3.
Each Contracting Party shall keep the Commission
informed of its measures and decisions taken in accordance
with this article.

(c) set aside fishing opportunities

for non-parties

to this

Convention, if necessary.

allocations,

The Commission shall, subject to agreed rules, review
3.
and participation in
limitations
quota
effort
fishing opportunities of Contracting Parties
taking into
account the information, advice and recommendations on the
implementation of, and compliance with, conservation and
management measures by Contracting Parties.

Article 20

Fishing opportunities

In determining the nature and extent of participatory
take

1.
rights in fishing opportunities,
into account, inter alia:

the Commission shall

(a)

the state of fishery resources including other living marine
resources and existing levels of fishing effort, taking into
account the advice and recommendations of the Scientific
Committee;

(b) respective interests, past and present

fishing patterns,
including catches, and practices in the Convention Area;

(c)

the stage of development of a fishery;

(d) the interests of developing States in whose areas of national

jurisdiction the stocks also occur;

(e) contributions to conservation and management of fishery
resources in the Convention Area, including the provision
of information, the conduct of research and steps taken to
establish cooperative mechanisms for effective monitoring,
control, surveillance and enforcement;

(f) contributions
account of
1995 Agreement;

to new or exploratory fisheries,

the principles set out

in article 6.6 of

taking
the

(g) the needs of coastal

fishing communities which are
dependent mainly on fishing for the stocks in the South
East Atlantic; and

(h) the needs of coastal States whose economies are over-
fishery

whelmingly dependent on the exploitation of
resources.

Article 21

Recognition of the special requirements of developing
States in the region

The Contracting Parties shall give full recognition to the
1.
special requirements of developing States in the region in
relation to conservation and management of fishery resources
and the development of such resources.

In giving effect to the duty to cooperate in the estab-
for
the Contracting Parties
such
requirements of

2.
lishment of conservation and management measures
stocks covered by this Convention,
the special
take into account
shall
developing States, in particular:

(a) the vulnerability of developing States in the region which
living marine
nutritional

are dependent on the exploitation of
resources,
requirements of their populations or parts thereof;

for meeting

including

the

(b) the need to avoid adverse impacts on, and ensure access to
fishers

fisheries by, subsistence, small-scale and artisanal
and women fishworkers; and

(c)

the need to ensure that such measures do not result in
transferring, directly or
a disproportionate
burden of conservation action onto developing States in
the region.

indirectly,

The Contracting Parties

shall cooperate through the
3.
Commission and other subregional or regional organisations
involved in the management of fishery resources:

In applying

2.
Commission may, inter alia:

the provisions of paragraph 1,

the

(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

(a) designate annual quota allocations or effort limitations for

Contracting Parties;

(b) allocate catch quantities

for exploration and scientific

research; and

(b) to assist developing States in the region which may fish for
fishery resources, to enable them to participate in fisheries
for
in
including
accordance with this Convention.

such resources,

facilitating

access

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Cooperation with developing States in the region for the
4.
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:

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.

(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;

(b) stock assessment and scientific research; and

surveillance,

control,
and
(c) monitoring,
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.

compliance

Article 22

Non-parties to this Convention

The Contracting Parties shall, either directly or through
1.
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.

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.

The Contracting Parties may, either directly or through
3.
the Commission,
take measures, which are consistent with
international law, and which they deem necessary and appro-
priate,
fishing activities by fishing vessels of
non-parties to this Convention which undermine the effec-
tiveness of conservation and management measures adopted
by the Commission.

to deter

The Contracting Parties

jointly,
shall,
4.
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

individually or

The Commission may

5.
Convention to send observers to its meetings, or
meetings of any subsidiary bodies of the Organisation.

invite non-parties

to this
to the

Article 23

Implementation

1.
Conservation and management and control measures
adopted by the Commission shall become binding on the
Contracting Parties in the following manner:

(a) the Executive Secretary shall notify promptly in writing all
such a measure following its

Contracting Parties of
adoption by the Commission;

(b) the measure shall become binding upon all Contracting
Parties 60 days after notification by the Secretariat of the
to
measure’s adoption by the Commission, pursuant
subparagraph (a), unless otherwise specified in the measure;

(c)

in

specified

subparagraph

if a Contracting Party, within 60 days following the notifi-
the
cation
Commission that it is unable to accept a measure, that
measure shall not, to the extent stated, be binding upon
that Contracting Party; however, the measure shall remain
binding on all other Contracting Parties unless
the
Commission decides otherwise;

notifies

(a),

(d) any Contracting Party which makes a notification under
subparagraph (c) shall at the same time provide a written
explanation of its reasons for making the notification and,
where appropriate,
its proposals for alternative measures
which the Contracting Party is going to implement. The
explanation shall specify inter alia whether the basis for
the notification is that:

(i) the Contracting Party considers that the measure is
inconsistent with the provisions of this Convention;

(ii) the Contracting Party cannot practicably comply with

the measure;

(iii) the measure unjustifiably discriminates in form or in

fact against the Contracting Party; or

(iv) other special circumstances apply;

(e)

the Executive Secretary shall promptly circulate to all
Contracting Parties details of any notification and expla-
nation received in accordance with subparagraphs
(c)
and (d);

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(f)

in subparagraphs

that any Contracting Party invokes
(c) and (d),

the
in the event
the
procedure set out
Commission shall meet at
the request of any other
Contracting Party to review the measure. At the time of
such a meeting and within 30 days following the meeting,
any Contracting Party shall have the right to notify the
Commission that
the
measure,
in which case that Contracting Party shall no
longer be bound by the measure; and

is no longer able to accept

it

expert panel

(g) pending the conclusions of a review meeting called in
accordance with subparagraph (f), any Contracting Party
established in
may request an ad hoc
accordance with article 24 to make recommendations on
any interim measures following the invocation of
the
procedures pursuant to subparagraphs (c) and (d) which
may be necessary in respect of
the measure to be
reviewed. Subject to paragraph 3, such interim measures
shall be binding on all Contracting Parties if all Contracting
Parties (other than those who have indicated that they are
unable to accept the measure, pursuant to subparagraphs
(c) and (d)) agree that the long term sustainability of the
stocks covered by this Convention will be undermined in
the absence of such measures.

2.
Any Contracting Party which invokes the procedure set
out in paragraph 1 may at any time withdraw its notification
of non-acceptance
and become bound by the measure
immediately if it is already in effect or at such time as it
may come into effect under this article.

3.
This article is without prejudice to the right of any
Contracting Party to invoke the dispute settlement procedures
set out in article 24 in respect of a dispute concerning the
interpretation or application of this Convention, in the event
that all other methods to settle the dispute,
including the
procedures set out in this article, have been exhausted.

Article 24

Dispute settlement

The Contracting Parties

1.
prevent disputes.

shall cooperate in order

to

2.
If any dispute arises between two or more Contracting
Parties concerning the interpretation or implementation of this
Convention,
those Contracting Parties shall consult among
themselves with a view to resolving the dispute, or to having
the dispute
inquiry, mediation,
conciliation, arbitration,
judicial settlement or other peaceful
means of their own choice.

resolved by negotiation,

In cases where

3.
a dispute between two or more
Contracting Parties is of a technical nature, and the Contracting

Parties are unable to resolve the dispute among themselves,
they may refer the dispute to an ad hoc expert panel established
in accordance with procedures adopted by the Commission at
its first meeting. The panel shall confer with the Contracting
Parties concerned and shall endeavour to resolve the dispute
expeditiously without recourse to binding procedures for the
settlement of disputes.

4. Where a dispute is not referred for settlement within a
reasonable time of the consultations referred to in paragraph 2,
or where a dispute is not resolved by recourse to other means
referred to in this article within a reasonable time, such dispute
shall, at the request of any party to the dispute, be submitted
for binding decision in accordance with procedures for the
settlement of disputes provided in Part XV of
the 1982
Convention or, where the dispute concerns one or more
straddling stocks, by provisions set out in Part VIII of
the
1995 Agreement. The relevant part of the 1982 Convention
and the 1995 Agreement shall apply whether or not the parties
to the dispute are also Parties to these instruments.

this Convention, of

5.
A court, tribunal or panel to which any dispute has been
submitted under this article shall apply the relevant provisions
of
the 1995
Agreement, as well as generally accepted standards for the
conservation and management of living marine resources and
other rules of
law, compatible with the 1982
Convention and the 1995 Agreement, with a view to
ensuring the conservation of the fish stocks concerned.

the 1982 Convention, of

international

Article 25

Signature, ratification, acceptance and approval

the Food and Agriculture Organization of

1.
This Convention shall be open for signature on 20 April
2001 in Windhoek, Namibia, and subsequently at the head-
quarters of
the
United Nations for one year from its adoption on 20 April
2001 by all States and regional economic integration organi-
sations participating in the Conference on the South East
Atlantic Fisheries Organisation held at Windhoek on 20 April
2001 and by all States and regional economic integration
fish, or have fished in the
organisations whose vessels
Convention Area,
covered by this
Convention, in the four years preceding the adoption of the
Convention.

fishery resources

for

be

subject

This Convention shall

2.
to ratification,
acceptance or approval by the States and regional economic
integration organisations
referred to in paragraph 1. The
instruments of ratification, acceptance or approval shall be
deposited with the Director-General of
the Food and Agri-
culture Organization of
the United Nations, hereafter (cid:145)the
Depositary(cid:146).

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Article 26

Accession

Article 30

Relation to other agreements

1.
This Convention shall be open for accession by coastal
States, and by all other States and regional economic inte-
gration organisations whose vessels fish in the Convention
Area for fishery resources covered by this Convention.

This Convention shall not alter the rights and obligations of
Contracting Parties which arise from the 1982 Convention and
other agreements compatible with the 1982 Convention and
which do not affect the enjoyment by other Contracting Parties
of their rights or the performance of their obligations under
this Convention.

that

integration

2.
This Convention shall be open for accession by regional
economic integration organisations, other than that regional
economic
a
organisation
Contracting Party under article 25, which include among
their member States one or more States which have trans-
ferred, in whole or in part, competence over matters covered
by this Convention. The accession of such regional economic
integration organisations shall be the subject of consultations
within the Commission concerning the conditions for partici-
pation in the work of the Commission.

qualifies

as

Article 31

Maritime claims

Nothing in this Convention shall constitute recognition of the
claims or positions of
the Contracting Parties
any of
concerning the legal status and extent of waters and zones
claimed by any such Contracting Party.

3.
Instruments of accession shall be deposited with the
Depositary. Accessions received by the Depositary prior to
the date of entry into force of this Convention shall become
effective 30 days after the date on which this Convention
enters into force.

Article 32

Amendment

Any Contracting Party may at

1.
amendments to this Convention.

any time propose

Article 27

Entry into force

This Convention shall enter into force 60 days after the date of
deposit with the Depositary of the third instrument of ratifi-
cation, accession, acceptance or approval at least one of which
has been deposited by a coastal State. For each State or
regional economic integration organisation which, subsequent
to the date of entry into force of this Convention, deposits an
instrument of ratification or accession, this Convention shall
enter into force on the thirtieth day following such deposit.

Article 28

Reservations and exceptions

No reservations or exceptions may be made to this Convention.

Article 29

Declarations and statements

Article 28 does not preclude a State or regional economic
integration organisation, when signing, ratifying or acceding
to this Convention, from making declarations or statements,
inter alia, to the
however phrased or named, with a view,
harmonisation of its laws and regulations with the provisions
of
such declarations or
statements do not purport to exclude or to modify the legal
effect of the provisions of this Convention in their application
to that State or regional economic integration organisation.

this Agreement, provided that

Any proposed amendment shall be notified in writing to
2.
the Executive Secretary at least 90 days prior to the meeting at
is proposed to be considered, and the Executive
which it
Secretary
to all
shall promptly
Contracting Parties. Proposed amendments to the Convention
shall be considered at the annual meeting of the Commission,
unless a majority of the Contracting Parties request a special
meeting to discuss the proposed amendment. A special meeting
may be convened on not less than 90 days’ notice.

the proposal

transmit

3.
The text of any amendment adopted by the Commission
shall be transmitted promptly by the Executive Secretary to all
Contracting Parties.

4.
An amendment shall enter into force on the thirtieth day
following the deposit of instruments of ratification, acceptance
or approval thereof from all Contracting Parties.

Article 33

Withdrawal

A Contracting

Party may, by written notification
1.
addressed to the Depositary, withdraw from this Convention
and may indicate its reasons. Failure to indicate reasons shall
not affect the validity of the withdrawal. The withdrawal shall
take effect one year after the date of receipt of the notification
by the Depositary, unless the notification specifies a later date.

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2. Withdrawal
Party shall not affect
Convention incurred prior
effective.

its

from this Convention by any Contracting
this
to its withdrawal becoming

financial obligations under

Article 34

Registration

The Director-General of the Food and Agriculture Organ-
1.
ization of the United Nations shall be the Depositary of this
Convention, and any amendments or revisions thereto. The
Depositary shall:

(a) send certified copies of this Convention to each signatory

to this Convention and to all Contracting Parties;

(b) arrange for the registration of this Convention, upon its
entry into force, with the Secretary-General of the United
Nations in accordance with article 102 of the Charter of
the United Nations;

(c)

inform each signatory
Contracting Parties of:

to this Convention and all

(i) instruments of ratification, accession, acceptance and
approval deposited in accordance with articles 25
and 26 respectively;

(ii) the date of entry into force of

the Convention in

accordance with article 27;

(iii) the entry into force of amendments to this Convention

in accordance with article 32;

(iv) withdrawals from this Convention pursuant to article

33.

The language of communication for the functions of the

2.
Depositary shall be English.

Article 35

Authentic texts

The English and Portuguese texts of this Convention are equally
authentic.

In witness whereof
the undersigned, being duly authorised
thereto, have signed this Convention in the English and
Portuguese languages.

Done at Windhoek, this 20th day of April, 2001, in a single
original in the English and Portuguese languages.

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ANNEX

INTERIM ARRANGEMENTS

This Annex shall apply in accordance with article 16.5 and may be amended at any time by a decision of the
Commission.

For the purposes of this Annex and until the assumption of duties by the Executive Secretary appointed in accordance
with article 11, the Government of Namibia shall carry out the functions of the Secretariat.

SECTION ONE: AUTHORISATION AND NOTIFICATION

During the interim period each Contracting Party shall:

(a) authorise the use of fishing vessels entitled to fly its flag for fishing in the Convention Area in accordance with
article 14 and the use of fishing research vessels entitled to fly its flag for conducting fisheries research activities in
the Convention Area; and

(b) as soon as possible and thereafter on an annual basis in accordance with article VI of the FAO Agreement to
Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High
Seas, 1993, or in a timely manner following the departure of its vessel from its home port and in any case before the
vessel’s entry into the Convention Area, notify the Secretariat of all fishing and fishing research vessels authorised to
fish in the Convention Area as provided in subparagraph (a) of this section. This notification shall include for each
vessel:

I. name of vessel, registration number, previous names (if known), and port of registry;

II. previous flag (if any);

III. International Radio Call Sign (if any);

IV. name and address of owner or owners;

V. where and when built;

VI. type of vessel;

VII.

length;

VIII. name and address of operator (manager) or operators (managers) (if any);

IX. type of fishing method or methods;

X. moulded depth;

XI. beam;

XII. gross register tonnage; and

XIII. power of main engine or engines.

Each Contracting Party shall notify the Secretariat of any modifications including suspensions, withdrawals and limi-
tations to this information without delay.

SECTION TWO: VESSEL REQUIREMENTS

1. Documentation

Each Contracting Party shall:

(a) ensure that each of its fishing and fishing research vessels carry on board documents issued and certified by the

competent authority of that Contracting Party, including, as a minimum, the following:

I. registration document;

II.

license, permit or authorisation to fish or to engage in research fishing activities and terms and conditions
attached to the licence, permit or authorisation;

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III. vessel name;

IV. port in which registered, and the number(s) under which registered;

V. International Radio Call Sign (if any);

VI. names and addresses of owner(s) and where relevant, the charterer;

VII. overall length;

VIII. power of main engine or engines in KW/horsepower; and

IX. certified drawings or description of all fish holds, including storage capacity in cubic feet or metres;

(b) check above documents on a regular basis; and

(c) ensure that any modification to the documents and to the information referred to in subparagraph (a) of this

subsection is certified by the competent authority of that Contracting Party.

2. Marking of fishing vessels

Each Contracting Party shall ensure that its fishing vessels and fishing research vessels authorised to fish in the
Convention area are marked in such a way that they can be readily identified with generally accepted standards,
such as the FAO Standard Specification for the Marking and Identification of Fishing Vessels.

3. Marking of gear

Each Contracting Party shall ensure that gear used by its fishing vessels and fishing research vessels authorised to fish in
the Convention Area is marked as follows: the ends of nets, lines and gear anchored in the sea shall be fitted with flag or
radar reflector buoys by day and light buoys by night sufficient to indicate their position and extent. Such lights should
be visible at a distance of at least two nautical miles in good visibility.

Marker buoys and similar objects floating on the surface and intended to indicate the location of fixed fishing gear shall
be clearly marked at all times with the letter(s) and/or number(s) of the vessel to which they belong.

4. Information on fishing activities

Each Contracting Party shall ensure that all fishing vessels and fishing research vessels flying its flag and authorised to
fish in the Convention Area keep a bound fishing logbook with consecutively numbered pages and, where appropriate, a
production logbook, storage plan or a scientific plan.

Fishing logbooks shall contain the following:

(a) each entry into and exit from the Convention Area;

(b) the cumulative catches by species (FAO 3 Alfa Code as defined in subsection 5 of this section) by live weight (Kg),

the proportion of the catch by live weight (Kg) retained on board; and

(c)

for each haul:

(i) catch by species in live weight (Kg), catch retained on board by species in live weight (Kg) and an estimation of

the amount of living marine resources discarded (Kg) by species;

(ii) the type of gear (number of hooks, length of gill nets, etc.);

(iii) the longitude and latitude co-ordinates of shooting and hauling; and

(iv) the date and time of shooting and hauling (UTC).

After each hail report (1) the following details shall be entered in the logbook immediately:

(a) date and time (UTC) of transmission of the report; and

(b) in the case of a radio transmission, the name of the radio station through which the report is transmitted.

(1) Hail report: at a minimum a hail report shall contain the relevant information detailed in subsection 6 of this section in respect of the

timing and content of such reports.

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Fishing vessels, and if appropriate, fishing research vessels engaged in fishing activities which process and/or freeze their
catch shall either:

(a) record their cumulative production by species (FAO 3 Alfa Code), by live weight (Kg), and product form in a

production logbook; or

(b) stow in the hold all processed catch in such a way that the location of each species can be identified from a stowage

plan maintained by the master of the fishing vessel.

The quantities recorded in accordance with paragraph 2 shall correspond accurately to the quantities kept on board. The
original recordings contained in the fishing logbooks shall be kept on board the fishing vessel and if appropriate, fishing
research vessel, for a period of at least 12 months.

5. FAO 3 Alfa Code (adapted)

FAO 3 Alfa Code

Species

Latin name

ALF

HOM

MAC

ORY

SKA

SKH

WRF

Alfonsinos

Horse Mackerel

Mackerel

Orange Roughy

Skates

Sharks

Armourhead

Cardinal Fish

Deepsea Red Crab

Family Berycidae

Trachurus spp.

Scomber spp.

Hoplostethus spp.

Family Rajidae

Order Selachomorpha

Pseudopentaceros spp.

Epigonus spp.

Chaceon maritae

Octopus and Squids

Families Octopodidae and Loliginidae

Patagonian toothfish

Dissostichus eleginoides

Hake

Wreckfish

Oreodories

Merluccius spp.

Polyprion americanus

Family Oreosomatidae

6. Reporting of catch and fishing effort

Each Contracting Party shall report to the Secretariat the catch, in metric tonnes per species, taken in the Convention
Area on a monthly basis. Such reports shall specify the month to which each report refers and shall be submitted within
30 days following the end of the month in which the fishing occurred.

The Secretariat shall, within 15 days following the monthly deadlines for receipt of the provisional catch statistics,
collate the information received and circulate it to the Contracting Parties.

7. Communication of vessel movements and catches

Each Contracting Party shall ensure that its fishing vessels and fishing research vessels authorised to fish in the
Convention Area and which are engaged in fishing shall communicate vessel movements and catch reports to its
competent authorities and to the Secretariat if the Contracting Party so desires. The timing and content of the
reports shall include the following:

(a) Entry report. This report shall be made no more than 12 hours and at least six hours in advance of each entry into
the Convention Area and shall include entering date, time, geographical position of the vessel and the quantity of
fish on board by species (FAO 3 Alfa Code) and by live weight (Kg);

(b) Catch report. This report shall be made by species (FAO 3 Alfa Code) and by live weight (Kg) at the end of each

calendar month, or more frequently as required by the Contracting Party;

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(c) Exit report. This report shall be made no more than 12 hours and at least six hours in advance of each exit from the
Convention Area. The report shall include exiting date, time, geographical position of the vessel, the number of
fishing days and the catch taken by species (FAO 3 Alfa Code) and by live weight (Kg) in the Convention Area since
the commencement of fishing in the Convention Area, or since the last catch report; and

(d) Transshipment report. This report shall be made no more than 12 hours after each transshipment and shall include the
date, the time, and species (FAO 3 Alfa Code) and live weight (Kg), transhipped. This report should include the
quantities by species on-loaded and off-loaded for each transshipment of
fish during the vessel’s stay in the
Convention Area.

SECTION THREE: SCIENTIFIC OBSERVATION AND COLLECTION OF INFORMATION TO SUPPORT
STOCK ASSESSMENT

To the greatest extent possible, each Contracting Party shall collect from each fishing vessel and fishing research vessel
flying its flag and authorised to fish in the Convention Area, the following information to support stock assessment,
including:

(a) composition of the catch according to length, weight (Kg) and sex, including the establishment of factors to convert

production weight to live catch weight;

(b) other biological

information supporting stock assessment, such as information on age, growth, recruitment,

distribution and stock identity; and

(c) other relevant information, as appropriate, including by surveys of abundance, biomass surveys, hydro-acoustic
surveys, research on environmental factors affecting stock abundance, and oceanographic and ecological studies.

Each Contracting Party shall require the submission of this information, in respect of each vessel flying its flag, within
30 days of leaving the Convention Area. The Contracting Party shall provide a copy of the information to the Secretariat
as soon as possible, taking account of the need to maintain confidentiality of non-aggregated data.

The information referred to in this section shall, to the greatest extent possible, be collected and verified by appro-
priately designated observers from the flag State not later than six months after these interim measures enter into force.