Annex to proposal for a Council decision concerning the approval, on behalf of the European Union, of amendments to the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries.
Date: 2010-03-08
Institutions: European Commission
Subjects: Atlantic Ocean, North-West Atlantic Fisheries Organisation, conservation of fish stocks, fishery management, fishing regulations, international cooperation, sustainable development

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EUROPEAN COMMISSION 

Brussels, 8.3.2010 
COM(2010)75 final 

2010/0042 (NLE) 

ANNEX TO 

Proposal 
for a Council Decision concerning the approval, on behalf of the European Union, of 
amendments to the Convention on Future Multilateral Cooperation in the Northwest 
Atlantic Fisheries. 

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ANNEX  

Amendment to the Convention on Future Multilateral Cooperation in the Northwest 
Atlantic Fisheries 

The  Contracting  Parties  to  the  Convention  on  Future  Multilateral  Cooperation  in  the 
Northwest Atlantic Fisheries (hereinafter “Convention”) have agreed as follows: 

Article 1 

The title of the Convention shall be amended to read as follows: 

"Convention on Cooperation in the Northwest Atlantic Fisheries" 

Article 2 

The  Preamble  of  the  Convention  shall  be  deleted  and  replaced  by  the  following  new 
Preamble: 

"The CONTRACTING PARTIES, 

NOTING that the coastal States of the Northwest Atlantic have established exclusive 
economic  zones  consistent  with  the  United  Nations  Convention  on  the  Law  of  the 
Sea  of  10  December  1982  and  customary  international  law,  within  which  they 
exercise sovereign rights for the purpose of exploring and exploiting, conserving and 
managing living resources; 

RECALLING 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 of 4 August 1995, and the FAO Agreement to Promote 
Compliance with International Conservation and Management Measures by Fishing 
Vessels on the High Seas of 24 November 1993; 

TAKING INTO ACCOUNT the Code of Conduct for Responsible Fisheries adopted 
by the 28th Session of the Conference of the Food and Agriculture Organization of 
the United Nations on 31 October 1995 and related instruments adopted by the Food 
and Agriculture Organization of the United Nations; 

RECOGNIZING the economic and social benefits deriving from the sustainable use 
of fishery resources; 

DESIRING to promote the long term conservation and sustainable use of the fishery 
resources of the Northwest Atlantic;  

CONSCIOUS of the need for international cooperation and consultation with respect 
to those fishery resources; 

MINDFUL  that  effective  conservation  and  management  of  these  fishery  resources 
should  be  based  on  the  best  available  scientific  advice  and  the  precautionary 
approach; 

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COMMITTED  to  apply  an  ecosystem  approach  to  fisheries  management  in  the 
Northwest  Atlantic  that  includes  safeguarding  the  marine  environment,  conserving 
its  marine  biodiversity,  minimizing  the  risk  of  long  term  or  irreversible  adverse 
effects  of  fishing  activities,  and  taking  account  of  the  relationship  between  all 
components of the ecosystem; 

FURTHER  COMMITTED  to  conduct  responsible  fishing  activities  and  to  prevent, 
deter and eliminate IUU fishing; 

HAVE AGREED as follows:" 

Article 3 

Articles I – XXI shall be deleted and replaced by the following new Articles: 

For the purpose of this Convention: 

"Article I – Use of Terms 

(a) 

(b) 

“1982  Convention”  means  the  United  Nations  Convention  on  the  Law  of  the 
Sea of 10 December 1982; 

“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 of 4 August 1995; 

(c) 

“coastal State" means a Contracting Party having an exclusive economic zone 
within the Convention Area; 

(d) 

“Contracting Party” means: 

(i) 

(ii) 

any  State  or  regional  economic  integration  organization  which  has 
consented to be bound by this Convention, and for which the Convention 
is in force; and 

this  Convention  applies  mutatis  mutandis  to  any  entity  referred  to  in 
Article 305, paragraph 1 c), d) and e) of the 1982 Convention, which is 
situated  in  the  North  Atlantic,  and  which  becomes  a  Party  to  this 
Convention, and to that extent “Contracting Party” refers to such entities. 

(e) 

(f) 

“Convention  Area",  means  the  area  to  which  this  Convention  applies,  as 
described in Article IV paragraph 1; 

“fishery  resources”  means  all  fish,  molluscs  and  crustaceans  within  the 
Convention Area excluding: 

(i) 

(ii) 

sedentary species over which coastal States may exercise sovereign rights 
consistent with Article 77 of the 1982 Convention; and 

in  so  far  as  they  are  managed  under  other  international  treaties, 
anadromous and catadromous stocks and highly migratory species listed 
in Annex I of the 1982 Convention; 

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(g) 

“fishing  activities”  means  harvesting  or  processing  fishery  resources,  or 
transhipping of fishery resources or products derived from fishery resources, or 
any other activity in preparation for, in support of, or related to the harvesting 
of fishery resources, including: 

(i) 

the  actual  or  attempted  searching  for,  catching  or  taking  of  fishery 
resources; 

(ii) 

any  activity  that  can  reasonably  be  expected  to  result  in  locating, 
catching, taking, or harvesting of fishery resources for any purpose; and 

(iii)  any  operation  at  sea  in  support  of,  or  in  preparation  for,  any  activity 

described in this definition;  

but does not include any operation related to emergencies involving the health 
and safety of crew members or the safety of a vessel; 

(h) 

“fishing  vessel”  means  any  vessel  that  is  or  has  been  engaged  in  fishing 
activities,  and  includes  fish  processing  vessels  and  vessels  engaged  in 
transhipment  or  any  other  activity  in  preparation  for  or  related  to  fishing 
activities, or in experimental or exploratory fishing activities; 

(i) 

“flag State” means: 

(i) 

a State or entity whose vessels are entitled to fly its flag; or 

(ii) 

a regional economic integration organization in which vessels are entitled 
to  fly  the  flag  of  a  member  State  of  that  regional  economic  integration 
organization; 

(j) 

“IUU  fishing”  refers  to  the  activities  described  in  the  International  Plan  of 
Action  to  Prevent,  Deter  and  Eliminate  Illegal,  Unreported  and  Unregulated 
Fishing  adopted  by  the  Food  and  Agriculture  Organization  of  the  United 
Nations on 2 March 2001; 

(k) 

“living resources” means all living components of marine ecosystems; 

(l) 

“marine  biological  diversity”  means  the  variability  among  living  marine 
organisms  and  the  ecological  complexes  of  which  they  are  part;  this  includes 
diversity within species, between species and of ecosystems; 

(m) 

“nationals” includes both natural and legal persons; 

(n) 

(o) 

“port  State”  means  any  State  receiving  fishing  vessels  in  its  ports,  offshore 
terminals or other installations for, inter alia, landing, transhipping, refuelling 
or re-supplying; 

“regional  economic  integration  organization”  means  a  regional  economic 
integration  organization 
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 

its  member  States  have 

to  which 

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(p) 

“Regulatory Area" means that part of the Convention Area beyond areas under 
national jurisdiction. 

Article II – Objective 

The objective of this Convention is to ensure the long term conservation and sustainable use 
of  the  fishery  resources  in  the  Convention  Area  and,  in  so  doing,  to  safeguard  the  marine 
ecosystems in which these resources are found. 

Article III – General Principles 

In  giving  effect  to  the  objective  of  this  Convention,  Contracting  Parties  individually  or 
collectively, as appropriate, shall: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

promote  the  optimum  utilization  and  long-term  sustainability  of  fishery 
resources; 

adopt  measures  based  on  the  best  scientific  advice  available  to  ensure  that 
fishery  resources  are  maintained  at  or restored to  levels capable of  producing 
maximum sustainable yield; 

apply  the  precautionary  approach  in  accordance  with  Article  6  of  the  1995 
Agreement; 

take due account of the impact of fishing activities on other species and marine 
ecosystems  and  in  doing  so,  adopt  measures  to  minimize  harmful  impact  on 
living resources and marine ecosystems; 

take due account of the need to preserve marine biological diversity; 

prevent  or  eliminate  overfishing  and  excess  fishing  capacity,  and  ensure  that 
levels of fishing effort do not exceed those commensurate with the sustainable 
use of the fishery resources; 

ensure that complete and accurate data concerning fishing activities within the 
Convention Area are collected and shared among them in a timely manner; 

ensure effective compliance with management measures and that sanctions for 
any infringements are adequate in severity; and 

take due account of the need to minimize pollution and waste originating from 
fishing vessels as well as minimize discards, catch by lost or abandoned gear, 
catch of species not subject to a directed fishery and impacts on associated or 
dependent species, in particular endangered species. 

Article IV – Area of Application 

1. 

This  Convention  applies  to  the  waters  of  the  Northwest  Atlantic  Ocean  north  of 
35°00'  N  and  west  of  a  line  extending  due  north  from  35°00'  N  and  42°00'  W  to 
59°00'  N,  thence  due  west  to  44°00'  W,  and  thence  due  north  to  the  coast  of 
Greenland, and the waters of the Gulf of St. Lawrence, Davis Strait and Bafﬁn Bay 
south of 78°10' N. 

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2. 

1. 

The  Convention  Area  shall  be  divided  into  scientific  and  statistical  subareas, 
divisions and subdivisions, the boundaries of which shall be as defined in Annex I to 
this Convention. 

Article V –The Organization 

Contracting Parties hereby agree to establish, maintain and strengthen the Northwest 
Atlantic  Fisheries  Organization,  hereinafter  “the  Organization"  that  shall  carry  out 
the  functions  set  out  in  this  Convention  in  order  to  achieve  the  objective  of  this 
Convention. 

2. 

The Organization shall consist of: 

(a) 

a Commission; 

(b) 

a Scientific Council; and 

(c) 

a Secretariat. 

3. 

4. 

5. 

6. 

1. 

2. 

3. 

The  Organization  shall  have  legal  personality  and  shall  enjoy  in  its  relations  with 
other international organizations and in the territories of the Contracting Parties such 
legal capacity as may be necessary to perform its functions and achieve its objective. 
The privileges and immunities which the Organization and its officers shall enjoy in 
the  territory  of  a  Contracting  Party  shall  be  subject  to  agreement  between  the 
Organization  and  the  Contracting  Party  including,  in  particular,  a  headquarters 
agreement between the Organization and the host Contracting Party. 

The  Chairperson  of  the  Commission  shall  serve  as  the  President  and  principal 
representative of the Organization. 

The President shall convene the annual meeting of the Organization at such time and 
place as the Commission may determine. 

The headquarters of the Organization shall be in the Halifax Regional Municipality, 
Nova Scotia, Canada, or at such other place as may be decided by the Commission. 

Article VI – The Commission 

Each Contracting Party shall be a member of the Commission and shall appoint one 
representative  to  the  Commission  who  may  be  accompanied  by  alternative 
representatives, experts and advisers. 

The Commission shall elect a Chairperson and a Vice-Chairperson for a term of two 
years.  Each  shall  be  eligible  for  re-election  but  shall  not  serve  for  more  than  four 
years  in  succession  in  the  same  capacity.  The  Chairperson  and  Vice-Chairperson 
shall not be representatives of the same Contracting Party. 

Any  Contracting  Party  may  request  a  special  meeting  of  the  Commission.  The 
Chairperson of the Commission shall thereupon convene such meeting at such time 
and place as the Chairperson may determine. 

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4. 

5. 

Unless otherwise provided, measures adopted by the Commission shall apply to the 
Regulatory Area. 

The Commission shall: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

adopt  and  may  amend  the  rules  for  the  conduct  of  its  meetings  and  for  the 
exercise of its functions, including rules of procedure, financial regulations and 
other regulations; 

establish such subsidiary bodies as it considers desirable for the exercise of its 
functions and direct their activities; 

supervise the organizational, administrative, financial and other internal affairs 
of the Organization, including relations among its constituent bodies; 

appoint  an  Executive  Secretary  on  such  terms  and  conditions  as  it  may 
determine; 

direct the external relations of the Organization; 

approve the budget of the Organization; 

adopt  rules  to  provide  for  the  participation  of  representatives  of  inter-
governmental  organizations,  non-Contracting  Parties  and  non-governmental 
organizations as observers at its meetings, as appropriate. Such rules shall not 
be unduly restrictive and shall provide for timely access to reports and records 
of the Commission; 

exercise such other functions and carry out such other activities consistent with 
this Convention as it may decide; 

guide the Scientific Council in identifying tasks and priorities for its work; and 

develop appropriate procedures in accordance with international law to assess 
the performance by Contracting Parties of their obligations pursuant to Articles 
X and XI. 

6. 

The Commission shall, in collaboration with the Scientific Council: 

(a) 

(b) 

(c) 

(d) 

(e) 

regularly review the status of fish stocks and identify actions required for their 
conservation and management; 

collect, analyze and disseminate relevant information; 

assess  the  impact  of  fishing  activities  and  other  human  activities  on  living 
resources and their ecosystems; 

develop guidelines for the conduct of fishing activities for scientific purposes; 
and 

develop  guidelines  for  the  collection,  submission,  verification,  access  to  and 
use of data. 

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7. 

8. 

The Commission may refer to the Scientific Council any question pertaining to the 
scientific basis for the decisions it may need to take concerning fishery resources, the 
impact  of  fishing  activities  on  living  resources,  and  the  safeguarding  of  the 
ecosystem in which these resources are found. 

In applying the principles set out in Article III, the Commission shall, in relation to 
the Regulatory Area adopt: 

(a) 

(b) 

(c) 

conservation  and  management  measures  to  achieve  the  objective  of  this 
Convention; 

conservation  and  management  measures  to  minimize  the  impact  of  fishing 
activities on living resources and their ecosystems; 

total allowable catches and/or levels of fishing effort and determine the nature 
and extent of participation in fishing; 

(d)  measures  for  the  conduct  of  fishing  for  scientific  purposes  as  referred  to  in 

subparagraph 6(d); 

(e) 

measures for the collection, submission, verification, access to and use of data 
as referred to in subparagraph 6(e), and 

(f) 

measures to ensure adequate flag State performance. 

9. 

The  Commission  shall  adopt  measures  for  appropriate  cooperative  mechanisms  for 
effective monitoring, control, surveillance and enforcement of the conservation and 
management measures adopted by the Commission including: 

(a) 

reciprocal rights of boarding and inspection by Contracting Parties within the 
Regulatory  Area  and  flag  State  prosecution  and  sanctions  on  the  basis  of 
evidence resulting from such boardings and inspections; 

(b)  minimum standards for inspection of fishing vessels by Contracting Parties in 
ports  where  fishery  resources  or  products  derived  from  fishery  resources 
originating in the Regulatory Area are landed; 

(c) 

(d) 

follow-up  actions  as  provided  for  in  Articles  X,  XI  or  XII  on  the  basis  of 
evidence resulting from such inspections; and 

without  prejudice  to  any  measures  a  Contracting  Party  may  itself  take  in  this 
regard, measures for the prevention, deterrence and elimination of IUU fishing. 

10. 

11. 

The  Commission  may  adopt  measures  on  matters  set  out  in  paragraphs  8  and  9 
concerning an area under national jurisdiction of a Contracting Party, provided that 
the coastal State in question so requests and the measure receives its affirmative vote.  

In exercising its functions pursuant to paragraph 8, the Commission shall seek 

(a) 
to ensure consistency between: 

(i) 

any measure that applies to a stock or group of stocks found both within 
the  Regulatory  Area  and  within  an  area  under  national  jurisdiction  of  a 

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coastal State, or any measure that would have an effect through species 
interrelationships on a stock or group of stocks found in whole or in part 
within an area under national jurisdiction of a coastal State; and 

(ii) 

any actions taken by a coastal State for the management and conservation 
of  that  stock  or  group  of  stocks  with  respect  to  fishing  activities 
conducted within the area under its national jurisdiction. 

(b)  The  Commission  and  the  appropriate  coastal  State  shall  accordingly  promote 
the  coordination  of  their  respective  measures  and  actions.  Each  coastal  State  shall 
keep the Commission informed of its actions for the purpose of this Article. 

Measures  adopted  by  the  Commission  for  the  allocation  of  fishing  opportunities  in 
the Regulatory Area shall take into account the interests of Contracting Parties whose 
vessels  have  traditionally  fished  within  that  area  and  the  interests  of  the  relevant 
coastal  States.  In  the  allocation  of  fishing  opportunities  from  the  Grand  Bank  and 
Flemish  Cap,  the  Commission  shall  give  special  consideration  to  the  Contracting 
Party  whose  coastal  communities  are  primarily  dependent  on  fishing  activities  for 
stocks  related  to  these  fishing  banks  and  which  has  undertaken  extensive  efforts  to 
ensure the conservation of such stocks through international action, in particular, by 
providing  surveillance  and  inspection  of  international  fishing  activities  on  these 
banks under an international scheme of joint enforcement. 

The  Commission  may  develop  procedures  that  allow  for  actions,  including  non-
discriminatory trade-related measures, to be taken by Contracting Parties against any 
flag  State  or  fishing  entity  whose  fishing  vessels  engage  in  fishing  activities  that 
undermine the effectiveness of the conservation and management measures adopted 
by the Commission. Implementation by a Contracting Party of trade-related measures 
shall be consistent with its international obligations. 

Article VII –The Scientific Council 

Each Contracting Party shall be a member of the Scientific Council and may appoint 
representatives who may be accompanied at any of its meetings by alternates, experts 
and advisers. 

The Scientific Council shall elect a Chairperson and a Vice-Chairperson for a term of 
two years. Each shall be eligible for re-election but shall not serve for more than four 
years in succession in the same capacity. 

Any  special  meeting  of  the  Scientific  Council  may  be  called  by  the  Chairperson  at 
his or her own initiative, upon the request of a coastal State, or upon the request of a 
Contracting Party with the concurrence of another Contracting Party at such time and 
place as the Chairperson may determine. 

The Scientific Council shall adopt, and amend as occasion may require, rules for the 
conduct  of  its  meetings  and  for  the  exercise  of  its  functions,  including  rules  of 
procedure. 

The  Scientific  Council  may  establish  such  subsidiary  bodies  as  it  may  consider 
necessary for the exercise of its functions. 

12. 

13. 

1. 

2. 

3. 

4. 

5. 

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6. 

7. 

8. 

Election  of  officers,  adoption  or  amendment  of  rules  or  other  matters  pertaining  to 
the organization of work shall be by a majority of the votes of all Contracting Parties 
present and casting affirmative or negative votes. Each Contracting Party shall have 
one vote. No vote shall be taken in the absence of a quorum of at least two-thirds of 
the Contracting Parties. 

The  Scientific  Council  shall  adopt  rules  to  provide  for  the  participation  of 
representatives  of  inter-governmental  organizations,  non  Contracting  Parties  and 
non-governmental  organizations  as  observers  to  its  meetings,  as  appropriate.  Such 
rules shall not be unduly restrictive and shall provide for timely access to reports and 
records of the Scientific Council. 

The  Scientific  Council  shall  consistent  with  the  objective  and  principles  of  the 
Convention: 

(a) 

(b) 

(c) 

(d) 

provide  a  forum  for  consultation  and  cooperation  among  the  Contracting 
Parties  to  study  and  exchange  scientific  information  and  views  on  fishing 
activities and the ecosystems in which they occur, and to study and appraise the 
current  and  future  status  of  fishery  resources  including  environmental  and 
ecological factors affecting them; 

promote  cooperation  in  scientific  research  among  Contracting  Parties  to  fill 
gaps in scientific knowledge; 

compile and maintain statistics and records; 

publish  or  disseminate  reports,  information  and  materials  pertaining  to  the 
fishing activities in the Convention Area and their ecosystems; and 

(e) 

provide scientific advice to the Commission as required by the Commission. 

9. 

The Scientific Council may: 

(a) 

(b) 

(c) 

on its own initiative provide such advice as may assist the Commission in the 
exercise of its functions; 

cooperate  with  any  public  or  private  organization  sharing  similar  objectives; 
and 

request Contracting Parties to provide such statistical or scientific information 
as it may require for the exercise of its functions. 

10. 

The  Scientific  Council  shall  provide  scientific  advice  in  response  to  any  question 
referred to it by: 

(a) 

the  Commission  pertaining  to  the  scientific  basis  for  the  conservation  and 
management  of  fishery  resources  and  their  ecosystems  within  the  Regulatory 
Area, taking into account the terms of reference specified by the Commission 
in respect of that question; or 

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(b) 

a  coastal  State  pertaining  to  the  scientific  basis  for  the  conservation  and 
management of fishery resources and their ecosystems within areas under the 
jurisdiction of that coastal State in the Convention Area. 

11. 

The coastal State shall, in consultation with the Scientific Council, specify terms of 
reference for the consideration of any question it may refer to the Scientific Council. 
Such terms of reference shall include, inter alia: 

(a) 

(b) 

(c) 

description of the fishing activities and area to be considered; 

where scientific estimates or predictions are sought, description of any relevant 
factors or assumptions to be taken into account; and 

where  applicable,  description of any objectives  the coastal State is  seeking to 
attain and an indication of whether specific advice or a range of options should 
be provided. 

12. 

As a general rule, the Scientific Council shall provide its advice by consensus. Where 
consensus  cannot  be  achieved,  the  Scientific  Council  shall  set  out  in  its  report  all 
views of its members. 

13. 

All reports provided by the Scientific Council shall be published by the Secretariat. 

1. 

2. 

3. 

4. 

1. 

2. 

Article VIII –The Secretariat 

The Secretariat shall provide services to the Commission, the Scientific Council and 
their subsidiary bodies to facilitate the exercise of their functions. 

The chief administrative officer of the Secretariat shall be the Executive Secretary. 

The  employees  of  the  Secretariat  shall  be  appointed  by  the  Executive  Secretary  in 
accordance  with  such  rules  and  procedures  as  the  Commission  may  adopt  in 
consultation with the Scientific Council, as appropriate. 

Subject to the general supervision of the Commission, the Executive Secretary shall 
have  full  authority  over  managing  employees  and  employee-related  issues  of  the 
Secretariat and shall perform such other duties and functions as the Commission may 
prescribe. 

Article IX – Budget 

Each Contracting Party shall pay the expenses of its own delegation to any meetings 
held pursuant to this Convention. 

The  Commission  shall  establish  the  amount  of  the  annual  contributions  due  from 
each Contracting Party pursuant to the annual budget on the following basis: 

(a) 

10%  of  the  budget  shall  be  divided  among the coastal States in proportion to 
their  nominal  catches  in  the  Convention  Area  in  the  year  ending  two  years 
before the beginning of the budget year; 

(b) 

30% of the budget shall be divided equally among all the Contracting Parties; 

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(c) 

(d) 

60% of the budget shall be divided among all Contracting Parties in proportion 
to their nominal catches in the Convention Area in the year ending two years 
before the beginning of the budget year; and  

the annual contribution of any Contracting Party which has a population of less 
than  300,000  inhabitants  shall  be  limited  to  a  maximum  of  12%  of  the  total 
budget. When this contribution is so limited, the remaining part of the budget 
shall  be  divided  among  the  other  Contracting  Parties  in  accordance  with 
subparagraphs (a), (b) and (c). 

The  nominal  catches  referred  to  above  shall  be  the  reported  catches  of  the  fishery 
resources specified in the financial regulations adopted by the Commission pursuant 
to subparagraph 5 (a) of Article VI. 

The  Executive  Secretary  shall  notify  each  Contracting  Party  of  the  amount  of  its 
contribution  due  as  calculated  pursuant  to  paragraph  2,  and  as  soon  as  possible 
thereafter, each Contracting Party shall pay its contribution to the Organization. 

Contributions  shall  be  payable  in  the  currency  of  the  country  in  which  the 
headquarters of the Organization is located. 

No  later  than  sixty  days  before  the  annual  meeting,  the  Executive  Secretary  shall 
submit the draft annual budget to each Contracting Party together with the schedule 
of contributions. 

A  Contracting  Party  acceding  to  this  Convention  shall  contribute  in  respect  of  the 
year it accedes an amount proportional to the number of complete months remaining 
in the year calculated from the day of its accession. 

Unless the Commission decides otherwise, a Contracting Party that has not fully paid 
its  contributions  for  two  consecutive  years  shall  have  its  right  of  casting  votes  and 
presenting  objections  suspended  until  such  time  as  it  has  discharged  its  financial 
obligations to the Organization. 

The  financial  affairs  of  the  Organization  shall  be  audited  annually  by  external 
auditors to be selected by the Commission. 

3. 

4. 

5. 

6. 

7. 

8. 

Article X – Contracting Party Duties 

1. 

Each Contracting Party shall: 

(a) 

(b) 

(c) 

implement this Convention and any conservation and management measures or 
other  obligations  binding  on  it  and  regularly  submit  to  the  Commission  a 
description  of  the  steps  it  has  taken  to  implement  and  comply  with  such 
measures  or  obligations  including  outcomes  of  proceedings  referred  to  in 
Article XI, subparagraph 2 (e); 

co-operate in furthering the objective of this Convention; 

take  all  necessary  actions  to  ensure  the  effectiveness  of  and  to  enforce  the 
conservation and management measures adopted by the Commission; 

EN 

12 

   EN 

(d) 

(e) 

(f) 

(g) 

(h) 

collect  and  exchange  scientific,  technical,  and  statistical  data  and  knowledge 
pertaining  to  living  resources  and  their  ecosystems  in  the  Convention  Area 
including  complete  and  detailed  information  on  commercial  catches  and 
fishing effort and take appropriate actions to verify the accuracy of such data; 

perform biological sampling on commercial catches; 

make  such  information  as  may  be  required  by  the  Commission  or  Scientific 
Council available in a timely manner; 

without  prejudice  to  the  jurisdiction  of  the  flag  State,  to  the  greatest  extent 
possible,  take  actions  or  cooperate  with  other  Contracting  Parties,  to  ensure 
that  its  nationals  and  fishing  vessels  owned  or  operated  by  its  nationals 
conducting fishing activities comply with the provisions of this Convention and 
with the conservation and management measures adopted by the Commission; 
and 

without  prejudice  to  the  jurisdiction  of  the  flag  State,  to  the  greatest  extent 
possible, when provided with the relevant information, investigate immediately 
and fully and report promptly on actions it has taken in response to any alleged 
serious infringement by its nationals, or foreign flagged fishing vessels owned 
or  operated  by  its  nationals,  of  this  Convention  or  any  conservation  and 
management measure adopted by the Commission. 

2. 

Each  coastal  State  Contracting  Party  shall  regularly  submit  to  the  Commission  a 
description  of  the  actions,  including  enforcement  actions,  it  has  taken  for  the 
conservation  and  management  of  straddling  stocks  found  in  waters  under  its 
jurisdiction within the Convention Area. 

1. 

Each Contracting Party shall ensure that fishing vessels entitled to fly its flag: 

Article XI – Flag State Duties 

(a) 

(b) 

(c) 

comply with the provisions of this Convention and with the conservation and 
management  measures  adopted  by  the  Commission  and  that  such  vessels  do 
not engage in any activity that undermines the effectiveness of such measures; 

do  not  conduct  unauthorized  fishing  activities  within  areas  under  national 
jurisdiction in the Convention Area; and 

do  not  engage  in  fishing  activities  in  the  Regulatory  Area  unless  they  have 
been authorized to do so by that Contracting Party. 

2. 

Each Contracting Party shall: 

(a) 

refrain  from  authorizing  fishing  vessels  entitled  to  fly  its  flag  to  engage  in 
fishing activities in the Regulatory Area unless it is able to exercise effectively 
its  responsibilities  in  respect  of  such  vessels  pursuant  to  this  Convention  and 
consistent with international law; 

EN 

13 

   EN 

(b)  maintain a record of fishing vessels entitled to fly its flag it has authorized to 
fish  for  fishery  resources  in  the  Regulatory  Area  and  ensure  that  such 
information as may be specified by the Commission is recorded therein; 

(c) 

(d) 

(e) 

exchange  the  information  contained  in  the  record  referred  to  in  subparagraph 
(b)  in  accordance  with  such  procedures  as  may  be  specified  by  the 
Commission; 

in  accordance  with  procedures  adopted  by  the  Commission,  investigate 
immediately and fully and report promptly on actions it has taken in response 
to  an  alleged  infringement  by  a  vessel  entitled  to  fly  its  flag  of  measures 
adopted by the Commission; and 

in respect of an alleged infringement referred to in subparagraph (d) ensure that 
appropriate  enforcement  actions  are 
that 
administrative or judicial proceedings are initiated in accordance with its laws. 

taken  without  delay  and 

Enforcement actions taken or sanctions applied pursuant to subparagraph 2 (e) shall 
be adequate in severity to be effective in securing compliance, discouraging further 
infringements  and  depriving  offenders  of  the  benefits  accruing  from  their  illegal 
activities. 

Article XII – Port State Duties 

Actions  taken  by  a  port  State  Contracting  Party  pursuant  to  this  Convention  shall 
take  full  account  of  its  rights  and  duties  under  international  law  to  promote  the 
effectiveness  of  conservation  and  management  measures  adopted  by 
the 
Commission. 

Each  port  State  Contracting  Party  shall  implement  the  measures  concerning 
inspections in port adopted by the Commission. 

Nothing in this Article shall affect the sovereignty of a Contracting Party over ports 
in its territory. 

Article XIII – Decision Making of the Commission 

As  a  general  rule,  decision-making  within  the  Commission  shall  be  by  consensus. 
For  the  purposes  of  this  Article,  “consensus”  means  the  absence  of  any  formal 
objection made at the time the decision was taken. 

If the Chairperson considers that all efforts to reach consensus have been exhausted, 
decisions  of  the  Commission  shall,  except  where  otherwise  provided,  be  taken  by 
two-thirds  majority  of  the  votes  of  all  Contracting  Parties  present  and  casting 
affirmative or negative votes, provided that no vote shall be taken unless there is a 
quorum of at least two-thirds of the Contracting Parties. Each Contracting Party shall 
have one vote. 

Article XIV – Implementation of Commission Decisions 

3. 

1. 

2. 

3. 

1. 

2. 

1. 

Each measure adopted by the Commission pursuant to Article VI, paragraphs 8 and 9 
shall become binding on each Contracting Party in the following manner: 

EN 

14 

   EN 

2. 

3. 

4. 

5. 

(a) 

(b) 

the Executive Secretary shall within five working days of adoption transmit the 
measure  to  each  Contracting  Party  specifying  the  date  of  transmittal  for  the 
purposes of paragraph 2; and 

subject  to  paragraph  2,  unless  otherwise  specified  in  the  measure,  it  shall 
become  binding  on  each  Contracting  Party  sixty  days  following  the  date  of 
transmittal. 

Where any Contracting Party presents an objection to a measure by delivering it to 
the Executive Secretary within sixty days of the date of transmittal specified pursuant 
to subparagraph 1(a), any other Contracting Party may similarly present an objection 
prior to the expiration of an additional twenty day period, or within fifteen days after 
the date of transmittal specified in the notification to the Contracting Parties of any 
objection  presented  within  that  additional  twenty  day  period,  whichever  shall  be 
later. The measure shall then become binding on each Contracting Party, except any 
that  has  presented  an  objection.  If,  however,  at  the  end  of  such  extended  period  or 
periods, objections have been presented and maintained by a majority of Contracting 
Parties,  the  measure  shall  not  become  binding,  unless  any  or  all  of  the  Contracting 
Parties nevertheless agree as among themselves to be bound by it on an agreed date. 

Any Contracting Party that has presented an objection may withdraw it at any time 
and the measure shall then become binding on it. 

(a)  Any  time  after  the  expiration  of  one  year  from  the  date  on  which  a  measure 
enters  into  force,  any  Contracting  Party  may  notify  the  Executive  Secretary  of  its 
intention not to be bound by the measure and, if that notification is not withdrawn, 
the measure shall cease to be binding on it at the end of one year from  the date of 
receipt of such notification by the Executive Secretary. 

(b)  Any  time  after  a  measure  has  ceased  to  be  binding  on  a  Contracting  Party 
pursuant  to  subparagraph  (a),  the  measure  shall  cease  to  be  binding  on  any  other 
Contracting  Party  on  the  date  the  Executive  Secretary  receives  notification  of  its 
intention not to be bound. 

Any  Contracting  Party  that  has  presented  an  objection  to  a  measure  pursuant  to 
paragraph  2  or  given  notification  of  its  intention  not  to  be  bound  by  a  measure 
pursuant to paragraph 4 shall at the same time provide an explanation for its reasons 
for  taking  this  action.  This  explanation  shall  specify  whether  it  considers  that  the 
measure  is  inconsistent  with  the  provisions  of  this  Convention,  or  that  the  measure 
unjustifiably  discriminates  in  form  or  fact  against  it.  The  explanation  shall  also 
include  a  declaration  of  the  actions  it  intends  to  take  following  the  objection  or  -
notification, including a description of the alternative measures it intends to take or 
has  taken  for  conservation  and  management  of  the  relevant  fishery  resources 
consistent with the objective of this Convention. 

6. 

The Executive Secretary shall immediately notify each Contracting Party of: 

(a) 

(b) 

(c) 

the receipt or withdrawal of any objection pursuant to paragraph 2 or 3; 

the date on which any measure becomes binding pursuant to paragraph 1; 

the receipt of any notification pursuant to paragraph 4; and 

EN 

15 

   EN 

(d) 

each explanation and description of alternative measures received pursuant to 
paragraph 5. 

7. 

8. 

9. 

Any Contracting Party that invokes the procedure set out in paragraphs 2, 4 or 5, may 
at the same time submit the matter to ad hoc panel proceedings. Annex II shall apply 
mutatis mutandis. 

Where a Contracting Party does not submit the matter to ad hoc panel proceedings 
pursuant to paragraph 7, the Commission shall decide by simple majority mail vote, 
whether to submit that Contracting Party’s explanation made pursuant to paragraph 5 
to  such  proceedings.  Where  the  Commission  decides  to  submit  the  matter  to  such 
proceedings, Annex II shall apply mutatis mutandis. 

Where, pursuant to paragraph 8, the Commission decides not to submit the matter to 
ad  hoc  panel  proceedings,  any  Contracting  Party  may  request  a  meeting  of  the 
Commission to review the measure adopted by the Commission and the explanation 
made pursuant to paragraph 5. 

10. 

An  ad  hoc  panel  constituted  pursuant  to  paragraph  7  or  8  shall  review  the 
explanation  made  pursuant  to  paragraph  5  and  the  measure  to  which  it  relates  and 
make recommendations to the Commission on: 

(a) 

(b) 

whether  the  explanation  provided  by  the  Contracting  Party  pursuant  to 
paragraph 5 is well founded, and if so, whether the measure should accordingly 
be  modified  or  rescinded,  or  where  it  finds  that  the  explanation  is  not  well 
founded, whether the measure should be maintained; and 

whether  the  alternative  measures  set  out  in  the  explanation  made  by  the 
Contracting Party pursuant to paragraph 5 are consistent with the objective of 
this Convention and preserve the respective rights of all Contracting Parties. 

No later than thirty days following the termination of the ad hoc panel proceedings 
pursuant to this Article, the Commission shall meet to consider the recommendations 
of the ad hoc panel. 

Where  the  procedures  set  out  in  paragraphs  7  to  11  have  been  concluded,  any 
Contracting  Party  may  invoke  the  dispute  settlement  procedures  set  out  in  Article 
XV. 

Article XV – Settlement of Disputes 

Contracting Parties shall co-operate in order to prevent disputes. 

Where  a  dispute  arises  between  two  or  more  Contracting  Parties  concerning  the 
interpretation or application of this Convention, including the explanation referred to 
in Article XIV, paragraph 5, any actions taken by a Contracting Party following an 
objection  presented  pursuant  to  Article  XIV,  paragraph  2,  or  any  notification  made 
pursuant of Article XIV, paragraph 4, those Contracting Parties, hereinafter referred 
to  as  “Contracting  Parties  to  the  dispute”,  shall  seek  to  resolve  their  dispute  by 
negotiation,  inquiry,  mediation,  conciliation,  arbitration,  judicial  settlement,  ad  hoc 
panel proceedings or other peaceful means of their choice. 

11. 

12. 

1. 

2. 

EN 

16 

   EN 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

Where a dispute concerns the interpretation or application of a measure adopted by 
the Commission pursuant to Article VI, paragraph 8 and 9, or matters related thereto, 
including the explanation referred to in Article XIV, paragraph 5, any actions taken 
by  a  Contracting  Party  to  the  dispute  following  an  objection  presented  pursuant  to 
Article XIV, paragraph 2, or notification made pursuant to Article XIV, paragraph 4, 
the Contracting Parties to the dispute may submit the dispute to non binding ad hoc 
panel proceedings pursuant to Annex II. 

Where a dispute has been submitted to ad hoc panel proceedings, the ad hoc panel 
shall  at  the  earliest  opportunity  confer  with  the  Contracting  Parties  to  the  dispute 
with a view to resolving the dispute expeditiously. The ad hoc panel shall present a 
report to the Contracting Parties to the dispute and through the Executive Secretary 
to the other Contracting Parties. The report shall include any recommendations that 
the ad hoc panel considers appropriate to resolve the dispute. 

Where the Contracting Parties to the dispute accept the recommendations of the ad 
hoc panel, they shall within fourteen days of receipt of the report of the ad hoc panel 
notify  all  other  Contracting Parties, through the Executive  Secretary,  of  the  actions 
they  intend  to  take  with  a  view  to  implementing  the  recommendations.  Thereupon, 
the  recommendations  of  the  ad  hoc  panel  may  be  referred  for  consideration  by  the 
Commission in accordance with its appropriate procedures. 

Where no settlement has been reached following the recommendations of the ad hoc 
panel,  any  of  the  Contracting  Parties  to  the  dispute  may  submit  the  dispute  to 
compulsory proceedings entailing binding decisions pursuant to Section 2 of Part XV 
of the 1982 Convention or Part VIII of the 1995 Agreement. 

Where the Contracting Parties to a dispute have agreed to submit the dispute to  ad 
hoc  panel  proceedings,  they  may  at  the  same  time  agree  to  apply  provisionally  the 
relevant measure adopted by the Commission until the report of the ad hoc panel is 
presented unless they have settled the dispute by other means. 

Where the Contracting Parties to a dispute are unable to agree on any peaceful means 
referred to in paragraph 2 to resolve their dispute or are unable to otherwise reach a 
settlement,  the  dispute  shall  at  the  request  of  one  of  them,  be  submitted  to 
compulsory proceedings entailing a binding decision pursuant to Part XV, Section 2, 
of the 1982 Convention or Part VIII of the 1995 Agreement. 

Where recourse is made to compulsory proceedings entailing binding decisions, the 
Contracting  Parties  to  the  dispute  shall,  unless  they  agree  otherwise,  provisionally 
apply  any  recommendation  made  by  the  ad  hoc  panel  pursuant  to  paragraph  4  or, 
where  applicable,  pursuant  to  Article  XIV,  paragraph  10.  They  shall  continue  to 
apply  such  provisional  measures  or  any  arrangements  of  equivalent  effect  agreed 
between them until a court or tribunal having jurisdiction over the dispute prescribes 
provisional measures or renders a decision, or, until the expiration of the measure in 
question. 

10. 

The notification provisions of paragraph 5 shall apply mutatis mutandis with respect 
to  provisional  measures  applied  pursuant  to  paragraph  7  or  prescribed  pursuant  to 
paragraph 9 or to any decision of a court or tribunal to which the dispute has been 
submitted. 

EN 

17 

   EN 

11. 

12. 

1. 

A court, tribunal or ad hoc panel to which a dispute has been submitted pursuant to 
this  Article  shall  apply  the  relevant  provisions  of  this  Convention,  the  1982 
Convention, the 1995 Agreement, generally accepted standards for the conservation 
and  management  of  living  resources  and  other  rules  of  international  law  not 
incompatible  with  this  Convention  with  a  view  to  attaining  the  objective  of  this 
Convention. 

Nothing  in  this  Convention  shall  be  argued  or  construed  to  prevent  a  Contracting 
Party to a dispute, as State Party to the 1982 Convention, from submitting the dispute 
to  compulsory  procedures  entailing  binding  decisions  against  another  State  Party 
pursuant  to  Section  2  of  Part  XV  of  the  1982  Convention,  or  as  State  Party  to  the 
1995  Agreement  from  submitting  the  dispute  to  compulsory  procedures  entailing 
binding  decisions  against  another  State  Party  pursuant  to  Article  30  of  the  1995 
Agreement. 

Article XVI - Co-operation with non-Contracting Parties 

Where a vessel entitled to fly the flag of a non-Contracting Party engages in fishing 
activities  in  the  Regulatory  Area,  the  Commission  shall  request  the  flag  State  to 
cooperate fully with the Organization either by becoming a Contracting Party or by 
agreeing  to  apply  the  conservation  and  management  measures  adopted  by  the 
Commission. 

2. 

Contracting Parties shall: 

(a) 

(b) 

(c) 

(d) 

exchange  information  on  fishing  activities  in  the  Regulatory  Area  by  vessels 
entitled  to  fly  the  flag  of  any  non-Contracting  Party  and  on  any  action  they 
have taken in response to such fishing activities; 

take  measures  consistent  with  this  Convention  and  international  law  to  deter 
fishing activities of vessels entitled to fly the flag of any non-Contracting Party 
that  undermine  the  effectiveness  of  the  conservation  and  management 
measures adopted by the Commission; 

advise any non-Contracting Party to this Convention of any fishing activity by 
its nationals or vessels entitled to fly its flag that undermine the effectiveness 
of  the  conservation  and  management  measures  adopted  by  the  Commission; 
and 

seek  co-operation  with  any  non-Contracting  Party  that  has  been  identified  as 
importing,  exporting  or  re-exporting  fishery  products  derived  from  fishing 
activities in the Convention Area. 

Article XVII – Co-operation with Other Organizations 

The Organization shall: 

(a) 

cooperate,  as  appropriate,  on  matters  of  mutual  interest,  with  the  Food  and 
Agriculture  Organization  of  the  United  Nations,  with  other  specialized 
agencies of the United Nations and with other relevant organizations; 

EN 

18 

   EN 

(b) 

seek  to  develop  cooperative  working  relationships  and  may  enter  into 
agreements  for  this  purpose  with  intergovernmental  organizations  that  can 
contribute  to  its  work  and  have  competence  for  ensuring  the  long-term 
conservation  and  sustainable  use  of  living  resources  and  their  ecosystems.  It 
may invite such organizations to send observers to its meetings or those of any 
of  its  subsidiary  bodies;  it  may  also  seek  to  participate  in  meetings  of  such 
organizations as appropriate; and 

(c) 

cooperate  with  other  relevant  regional  fisheries  management  organizations 
taking note of their conservation and management measures. 

Article XVIII –Review 

The  Commission  shall  periodically  initiate  reviews  and  assessments  of  the  adequacy  of 
provisions  of  this  Convention  and,  if  necessary,  propose  means  for  strengthening  their 
substance  and  methods  of  implementation  in  order  to  address  any  problems  in  attaining  the 
objective of this Convention. 

Article XIX– Annexes 

The  Annexes  shall  form  an  integral  part  of  this  Convention  and  unless  expressly  provided 
otherwise, reference to this Convention includes reference to the Annexes. 

Article XX – Good Faith and Abuse of Rights 

Contracting  Parties  shall  fulfil  in  good  faith  the  obligations  assumed  under  this  Convention 
and  shall  exercise  the  rights  recognized  in  this  Convention  in  a  manner  which  would  not 
constitute an abuse of right. 

1. 

2. 

1. 

2. 

Article XXI – Relation to Other Agreements 

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

Nothing  in  this  Convention  shall  prejudice  the  rights,  jurisdiction  and  duties  of 
Contracting  Parties  under  the  1982  Convention  or  the  1995  Agreement.  This 
Convention  shall  be  interpreted  and  applied  in  the  context  of  and  in  a  manner 
consistent with the 1982 Convention and the 1995 Agreement. 

Article XXII – Amendments to the Convention 

Any Contracting Party may propose amendments to this Convention to be considered 
and acted upon by the Commission at its annual meeting or at a special meeting. Any 
such proposal shall be sent to the Executive Secretary at least ninety days prior to the 
meeting at which it is proposed to be acted upon, and the Executive Secretary shall 
immediately transmit the proposal to each Contracting Party. 

Adoption  of  a  proposed  amendment  shall  require  a  three-fourths  majority  of  the 
votes  of  all  Contracting  Parties.  The  text  of  any  amendment  so  adopted  shall  be 
transmitted by the Depositary to each Contracting Party. 

EN 

19 

   EN 

3. 

4. 

5. 

6. 

An amendment shall take effect for all Contracting Parties one hundred and twenty 
days following the date of transmittal speciﬁed in the notiﬁcation by the Depositary 
of  receipt  of  written  notiﬁcation  of  approval  by  three-fourths  of  all  Contracting 
Parties  unless  within  ninety  days  of  the  date  of  transmittal  speciﬁed  in  the 
notiﬁcation  by  the  Depositary  of  such  receipt,  any  other  Contracting  Party  notiﬁes 
the Depositary that it objects to the amendment, in which case the amendment shall 
not take effect for any Contracting Party. Any Contracting Party that has objected to 
an  amendment  may  at  any  time  withdraw  that  objection.  If  all  objections  to  an 
amendment  that  has  been  approved  by  three-fourths  of  all  Contracting  Parties  are 
withdrawn, the amendment shall take effect for all Contracting Parties one hundred 
and twenty days following the date of transmittal specified in the notification by the 
Depositary, of receipt of the last withdrawal.  

Any party that becomes a Contracting Party to the Convention after an amendment 
has been adopted in accordance with paragraph 2 shall be deemed to have approved 
that amendment.  

The  Depositary  shall  promptly  notify  all  Contracting  Parties  of  the  receipt  of 
notifications of approval of amendments, the receipt of notifications of objection or 
withdrawal of objections, and the entry into force of amendments.  

Notwithstanding  paragraphs  1  through  5,  the  Commission  may  by  a  two-thirds 
majority vote of all Contracting Parties: 

(a) 

(b) 

taking  into  account  the  advice  of  the  Scientific  Council,  if  it  considers  it 
necessary for management purposes, divide the Regulatory Area into scientific 
and  statistical  subareas,  regulatory  divisions  and  subdivisions,  as  appropriate. 
The  boundaries  of  any  such  subareas,  divisions  and  subdivisions  shall  be  set 
out in Annex I; 

at  the  request  of  the  Scientific  Council,  if  it  considers  it  necessary  for 
management,  scientific  or  statistical  purposes,  modify  the  boundaries  of  the 
scientific and statistical subareas, divisions and subdivisions set out in Annex I, 
provided that each coastal State affected concurs in such action." 

Article 4 

Article XXII shall be renumbered as Article XXIII. 

Article 5 

Article XXIII shall be deleted. 

Article 6 

Articles XXIV and XXV shall be deleted and replaced by the following new Articles: 

"Article XXIV - Denunciation 

1. 

A  Contracting  Party  may  denounce  this  Convention  by  written  notification  to  the 
Depositary on or before 30 June of any year. The denunciation shall take effect on 31 

EN 

20 

   EN 

December  of  that  same  year.  The  Depositary  shall  without  delay  notify  all  other 
Contracting Parties. 

Any other Contracting Party may thereupon by written notification to the Depositary 
no later than thirty days following notification pursuant to paragraph 1 also denounce 
the  Convention  with  effect  on  31  December  of  that  year.  The  Depositary  shall 
without delay notify all other Contracting Parties. 

Article XXV - Registration 

The  original  of  the  present  Convention  shall  be  deposited  with  the  Government  of 
Canada, which shall communicate certiﬁed copies thereof to all the Signatories and 
to all the Contracting Parties. 

The  Depositary  shall  register  the  present  Convention  and  any  amendment  thereof 
with the Secretariat of the United Nations." 

2. 

1. 

2. 

Article 7 

Annexes I – II shall be deleted: 

Article 8 

Annex III shall be deleted and replaced by the following two Annexes: 

EN 

21 

   EN 

"Annex I to the Convention – Scientiﬁc and  
Statistical subareas, divisions and subdivisions 

The scientiﬁc and statistical subareas, divisions and subdivisions provided for by Article IV of 
this Convention shall be as follows: 

1 (a) 

Subarea 0 

That portion of the Convention Area bounded on the south by a line extending due 
east from a point at 61° 00' N 65° 00' W to a point at 61° 00' N 59° 00' W; thence in a 
southeasterly direction along a rhumb line to a point at 60° 12' N 57° 13' W; thence 
bounded on the east by a series of geodetic lines joining the following points:  

Point No.  Latitude  Longitude  Point No.  Latitude  Longitude  Point No.  Latitude  Longitude 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 

67°28.3'  57°55.3' 
67°29.1'  57°56.1' 
67°30.7'  57°57.8' 
67°35.3'  58°02.2' 
67°39.7'  58°06.2' 
67°44.2'  58°09.9' 
67°56.9'  58°19.8' 
68°01.8'  58°23.3' 
68°04.3'  58°25.0' 
68°06.8'  58°26.7' 
68°07.5'  58°27.2' 
68°16.1'  58°34.1' 
68°21.7'  58°39.0' 
68°25.3'  58°42.4' 
68°32.9'  59°01.8' 
68°34.0'  59°04.6' 
68°37.9'  59°14.3' 
68°38.0'  59°14.6' 
68°56.8'  60°02.4' 
69°00.8'  60°09.0' 
69°06.8'  60°18.5' 
69°10.3'  60°23.8' 
69°12.8'  60°27.5' 
69°29.4'  60°51.6' 
69°49.8'  60°58.2' 
69°55.3'  60°59.6' 
69°55.8'  61°00.0' 
70°01.6'  61°04.2' 
70°07.5'  61°08.1' 
70°08.8'  61°08.8' 
70°13.4'  61°10.6' 
70°33.1'  61°17.4' 
70°35.6'  61°20.6' 
70°48.2'  61°37.9' 
70°51.8'  61°42.7' 
71°12.1'  62°09.1' 
71°18.9'  62°17.5' 
71°25.9'  62°25.5' 
71°29.4'  62°29.3' 

60°12.0'  57°13.0' 
61°00.0'  57°13.1' 
62°00.5'  57°21.1' 
62°02.3'  57°21.8' 
62°03.5'  57°22.2' 
62°11.5'  57°25.4' 
62°47.2'  57°41.0' 
63°22.8'  57°57.4' 
63°28.6'  57°59.7' 
63°35.0'  58°02.0' 
63°37.2'  58°01.2' 
63°44.1'  57°58.8' 
63°50.1'  57°57.2' 
63°52.6'  57°56.6' 
63°57.4'  57°53.5' 
64°04.3'  57°49.1' 
64°12.2'  57°48.2' 
65°06.0'  57°44.1' 
65°08.9'  57°43.9' 
65°11.6'  57°44.4' 
65°14.5'  57°45.1' 
65°18.1'  57°45.8' 
65°23.3'  57°44.9' 
65°34.8'  57°42.3' 
65°37.7'  57°41.9' 
65°50.9'  57°40.7' 
65°51.7'  57°40.6' 
65°57.6'  57°40.1' 
66°03.5'  57°39.6' 
66°12.9'  57°38.2' 
66°18.8'  57°37.8' 
66°24.6'  57°37.8' 
66°30.3'  57°38.3' 
66°36.1'  57°39.2' 
66°37.9'  57°39.6' 
66°41.8'  57°40.6' 
66°49.5'  57°43.0' 
67°21.6'  57°52.7' 
67°27.3'  57°54.9' 

71°31.8'  62°32.0' 
71°32.9'  62°33.5' 
71°44.7'  62°49.6' 
71°47.3'  62°53.1' 
71°52.9'  63°03.9' 
72°01.7'  63°21.1' 
72°06.4'  63°30.9' 
72°11.0'  63°41.0' 
72°24.8'  64°13.2' 
72°30.5'  64°26.1' 
72°36.3'  64°38.8' 
72°43.7'  64°54.3' 
72°45.7'  64°58.4' 
72°47.7'  65°00.9' 
72°50.8'  65°07.6' 
73°18.5'  66°08.3' 
73°25.9'  66°25.3' 
73°31.1'  67°15.1' 
73°36.5'  68°05.5' 
73°37.9'  68°12.3' 
73°41.7'  68°29.4' 
73°46.1'  68°48.5' 
73°46.7'  68°51.1' 
73°52.3'  69°11.3' 
73°57.6'  69°31.5' 
74°02.2'  69°50.3' 
74°02.6'  69°52.0' 
74°06.1'  70°06.6' 
74°07.5'  70°12.5' 
74°10.0'  70°23.1' 
74°12.5'  70°33.7' 
74°24.0'  71°25.7' 
74°28.6'  71°45.8' 
74°44.2'  72°53.0' 
74°50.6'  73°02.8' 
75°00.0'  73°16.3' 
75°05' 

79 
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73°30' 

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and thence due north to the parallel of 78° 10' N; and bounded on the west by a line 
beginning at 61° 00' N 65° 00' W and extending in a northwesterly direction along a 
rhumb  line  to  the  coast  of  Bafﬁn  Island  at  East  Bluff  (61°  55'  N  66°  20'  W);  and 
thence in a northerly direction along the coast of Bafﬁn Island, Bylot Island, Devon 
Island  and  Ellesmere  Island  and  following  the  meridian  of  80°  W  in  the  waters 
between those islands to 78° 10' N; and bounded on the north by the parallel of 78° 
10' N. 

1 (b) 

Subarea 0 is composed of two divisions: 

Division 0–A  

That portion of the subarea lying to the north of the parallel of 66° 15' N;  

Division 0–B  

That portion of the subarea lying to the south of the parallel of 66° 15' N.  

2 (a) 

Subarea 1 

That portion of the Convention Area lying to the east of subarea 0 and to the north 
and east of a rhumb line joining a point at 60° 12' N and 57° 13' W with a point at 
52° 15' N and 42° 00' W.  

2 (b) 

Subarea 1 is composed of six divisions: 

Division 1A 

That portion of the subarea lying north of the parallel of 68° 50' N (Qasigiannguit); 

Division 1B 

That portion of the subarea lying between the parallel of 66° 15' N (approximately 5 
nautical  miles  north  of  Umanarsugssuak)  and 
the  parallel  of  68°  50'  N 
(Qasigiannguit);  

Division 1C 

That portion of the subarea lying between the parallel of 64° 15' N (approximately 4 
nautical miles north of Nuuk) and the parallel of 66° 15' N (approximately 5 nautical 
miles north of Umanarsugssuak); 

Division 1D 

That portion of the subarea lying between the parallel of 62° 30' N (Paamiut Glacier) 
and the parallel of 64° 15' N (approximately 4 nautical miles north of Nuuk), 

Division 1E 

That portion of the subarea lying between the parallel of 60° 45' N (Cape Desolation) 
and the parallel of 62° 30' N (Paamiut Glacier);  

Division 1F 

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That  portion  of  the  subarea  lying  south  of  the  parallel  of  60°  45'  N  (Cape 
Desolation). 

3 (a) 

Subarea 2 

That portion of the Convention Area lying to the east of the meridian of 64° 30' W in 
the area of Hudson Strait, to the south of subarea 0, to the south and west of subarea 
1 and to the north of the parallel of 52° 15' N.  

3 (b) 

Subarea 2 is composed of three divisions: 

Division 2G 

That portion of the subarea lying north of the parallel of 57° 40' N (Cape Mugford);  

Division 2H 

That portion of the subarea lying between the parallel of 55° 20' N (Hopedale) and 
the parallel of 57° 40' N (Cape Mugford); 

Division 2J  

That portion of the subarea lying south of the parallel of 55° 20' N (Hopedale). 

4 (a) 

Subarea 3 

That portion of the Convention Area lying south of the parallel of 52° 15' N, and to 
the  east  of  a  line  extending  due  north  from  Cape  Bauld  on  the  north  coast  of 
Newfoundland to 52° 15' N; to the north of the parallel of 39° 00' N; and to the east 
and  north  of  a  rhumb  line  commencing  at  39°  00'  N  50°  00'  W  and  extending  in  a 
northwesterly  direction  to  pass  through  a  point  at  43°  30'  N  55°  00'  W  in  the 
direction of a point at 47° 50' N 60° 00' W until it intersects a straight line connecting 
Cape Ray, 47° 37.0' N 59° 18.0' W on the coast of Newfoundland, with Cape North, 
47° 02.0' N 60° 25.0' W on Cape Breton Island; thence in a northeasterly direction 
along said line to Cape Ray, 47° 37.0' N 59° 18.0' W.  

4 (b) 

Subarea 3 is composed of six divisions: 

Division 3K 

That  portion  of  the  subarea  lying  north  of  the  parallel  of  49°  15'  N  (Cape  Freels, 
Newfoundland); 

Division 3L 

That portion of the subarea lying between the Newfoundland coast from Cape Freels 
to Cape St. Mary and a line described as follows: beginning at Cape Freels, thence 
due east to the meridian of 46° 30' W, thence due south to the parallel of 46° 00' N, 
thence due west to the meridian of 54° 30' W, thence along a rhumb line to Cape St. 
Mary, Newfoundland. 

Division 3M 

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That  portion of the subarea  lying  south of the  parallel  of  49°  15'  N  and  east  of  the 
meridian of 46° 30' W; 

Division 3N 

That portion of the subarea lying south of the parallel of 46° 00' N and between the 
meridian of 46° 30' W and the meridian of 51° 00' W; 

Division 3O 

That portion of the subarea lying south of the parallel of 46° 00' N and between the 
meridian of 51° 00' W and the meridian of 54° 30' W; 

Division 3P 

That portion of the subarea lying south of the Newfoundland coast and west of a line from 
Cape St. Mary, Newfoundland to a point at 46° 00' N 54° 30' W, thence due south to a limit 
of the subarea; 

Division 3P is divided into two subdivisions: 

3Pn  –  Northwestern  subdivision  –That  portion  of  division  3P  lying  northwest  of  a  line 
extending from 47° 30.7' N 57° 43.2' W Newfoundland, approximately southwest to a point 
at 46° 50.7' N and 58° 49.0' W; 

3Ps  –  Southeastern  subdivision  –  That  portion  of  division  3P  lying  southeast  of  the  line 
deﬁned for Subdivision 3Pn.  

5 (a) 

Subarea 4 

That portion of the Convention Area lying north of the parallel of 39° 00' N, to the 
west of subarea 3, and to the east of a line described as follows: 

beginning at the terminus of the international boundary between the United States of 
America and Canada in Grand Manan Channel, at a point at 44° 46' 35.346" N 66° 
54' 11.253" W; thence due south to the parallel of 43° 50' N; thence due west to the 
meridian  of  67°  24'  27.24"  W;  thence  along  a  geodetic  line  in  a  southwesterly 
direction to a point at 42° 53' 14" N 67° 44' 35" W; thence along a geodetic line in a 
southeasterly  direction  to  a  point  at  42°  31'  08"  N  67°  28'  05"  W;  thence  along  a 
geodetic line to a point at 42° 20' N 67° 18' 13.15" W;  

thence due east to a point in 66° 00' W; thence along a rhumb line in a southeasterly 
direction to a point at 42° 00' N 65° 40' W and thence due south to the parallel of 39° 
00' N.  

5 (b) 

Subarea 4 is composed of six divisions: 

Division 4R 

That  portion  of  the  subarea  lying  between  the  coast  of  Newfoundland  from  Cape 
Bauld to Cape Ray and a line described as follows: beginning at Cape Bauld, thence 
due north to the parallel of 52° 15' N, thence due west to the Labrador coast, thence 
along the Labrador coast to the terminus of the Labrador-Quebec boundary, thence 

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along  a  rhumb  line  in  a  southwesterly  direction  to  a  point  at  49°  25'  N  60°  00'  W, 
thence due south to a point at 47° 50' N 60° 00' W, thence along a rhumb line in a 
southeasterly direction to the point at which the boundary of subarea 3 intersects the 
straight line joining Cape North, Nova Scotia with Cape Ray, Newfoundland, thence 
to Cape Ray, Newfoundland;  

Division 4S 

That  portion  of  the  subarea  lying  between  the  south  coast  of  Quebec  from  the 
terminus of the Labrador Quebec boundary to Pte. des Monts and a line described as 
follows: beginning at Pte. des Monts, thence due east to a point at 49° 25' N 64° 40' 
W, thence along a rhumb line in an east-southeasterly direction to a point at 47° 50' 
N  60°  00'  W,  thence  due  north  to  a  point  at  49°  25'  N  60°  00'  W,  thence  along  a 
rhumb  line  in  a  northeasterly  direction  to  the  terminus  of  the  Labrador-Quebec 
boundary; 

Division 4T 

That portion of the subarea lying between the coasts of Nova Scotia, New Brunswick 
and  Quebec  from  Cape  North  to  Pte.  des  Monts  and  a  line  described  as  follows: 
beginning at Pte. des Monts, thence due east to a point at 49° 25' N 64° 40' W, thence 
along  a  rhumb  line  in  a  southeasterly  direction  to  a  point  at  47°  50'  N  60°  00'  W, 
thence along a rhumb line in a southerly direction to Cape North, Nova Scotia; 

Division 4V 

That  portion  of  the  subarea  lying  between  the  coast  of  Nova  Scotia  between  Cape 
North  and  Fourchu  and  a  line  described  as  follows:  beginning  at  Fourchu,  thence 
along a rhumb line in an easterly direction to a point at 45° 40' N 60° 00' W, thence 
due south along the meridian of 60° 00' W to the parallel of 44° 10' N, thence due 
east  to  the  meridian  of  59°  00'  W,  thence  due  south  to  the  parallel  of  39°  00'  N, 
thence due east to a point where the boundary between subareas 3 and 4 meets the 
parallel of 39° 00' N, thence along the boundary between subareas 3 and 4 and a line 
continuing in a northwesterly direction to a point at 47° 50' N 60° 00' W, and thence 
along a rhumb line in a southerly direction to Cape North, Nova Scotia;  

Division 4V is divided into two subdivisions: 

4Vn – Northern subdivision – That portion of division 4V lying north of the parallel 
of 45° 40' N;  

4Vs – Southern subdivision – That portion of division 4V lying south of the parallel 
of 45° 40' N. 

Division 4W 

That portion of the subarea lying between the coast of Nova Scotia from Halifax to 
Fourchu and a line described as follows: beginning at Fourchu, thence along a rhumb 
line in an easterly direction to a point at 45° 40' N 60° 00' W, thence due south along 
the meridian of 60° 00' W to the parallel of 44° 10' N, thence due east to the meridian 
of  59°00'  W,  thence  due  south  to  the  parallel  of  39°  00'  N,  thence  due  west  to  the 

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meridian  of  63°  20'  W,  thence  due  north  to  a  point  on  that  meridian  at  44°  20'  N, 
thence along a rhumb line in a northwesterly direction to Halifax, Nova Scotia; 

Division 4X 

That portion of the subarea lying between the western boundary of subarea 4 and the 
coasts  of  New  Brunswick  and  Nova  Scotia  from  the  terminus  of  the  boundary 
between  New  Brunswick  and  Maine  to  Halifax,  and  a  line  described  as  follows: 
beginning at Halifax, thence along a rhumb line in a southeasterly direction to a point 
at 44° 20' N 63° 20' W, thence due south to the parallel of 39° 00' N, and thence due 
west to the meridian of 65° 40' W. 

6 (a) 

Subarea 5 

That  portion  of  the  Convention  Area  lying  to  the  west  of  the  western  boundary  of 
subarea 4, to the north of the parallel of 39° 00' N, and to the east of the meridian of 
71° 40' W. 

6 (b) 

Subarea 5 is composed of two divisions: 

Division 5Y 

That portion of the subarea lying between the coasts of Maine, New Hampshire and 
Massachusetts from the border between Maine and New Brunswick to 70° 00' W on 
Cape Cod (at approximately 42° N) and a line described as follows: beginning at a 
point on Cape Cod at 70° W (at approximately 42° N), thence due north to 42° 20' N, 
thence due east to 67° 18' 13.15" W at the boundary of subareas 4 and 5, and thence 
along that boundary to the boundary of Canada and the United States; 

Division 5Z 

That portion of the subarea lying to the south and east of division 5Y. 

Division 5Z is divided into two subdivisions: an eastern subdivision and a western 
subdivision deﬁned as follows:  

5Ze – Eastern subdivision – That portion of division 5Z lying east of the meridian of 
70° 00' W;  

5Zw – Western subdivision – That portion of division 5Z lying west of the meridian 
of 70° 00' W.  

7 (a) 

Subarea 6 

That part of the Convention Area bounded by a line beginning at a point on the coast 
of Rhode Island at 71° 40' W, thence due south to 39° 00' N, thence due east to 42° 
00' W, thence due south to 35° 00' N, thence due west to the coast of North America, 
thence northwards along the coast of North America to the point on Rhode Island at 
71° 40' W. 

7 (b) 

Subarea 6 is composed of eight divisions: 

Division 6A 

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That portion of the subarea lying to the north of the parallel of 39° 00' N and to the 
west of subarea 5; 

Division 6B 

That portion of the subarea lying to the west of 70° 00' W, to the south of the parallel 
of 39° 00' N, and to the north and west of a line running westward along the parallel 
of 37° 00' N to 76° 00' W and thence due south to Cape Henry, Virginia;  

Division 6C 

That portion of the subarea lying to the west of 70° 00' W and to the south of division 
6B;  

Division 6D 

That portion of the subarea lying to the east of divisions 6B and 6C and to the west 
of 65° 00' W; 

Division 6E 

That portion of the subarea lying to the east of division 6D and to the west of 60° 00' 
W; 

Division 6F 

That portion of the subarea lying to the east of division 6E and to the west of 55° 00' 
W;  

Division 6G 

That portion of the subarea lying to the east of division 6F and to the west of 50° 00' 
W; 

Division 6H 

That portion of the subarea lying to the east of division 6G and to the west of 42° 00' 
W. 

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1. 

2. 

3. 

4. 

Annex II to the Convention – Rules concerning the ad hoc panel procedure  
pursuant to Article XV 

The Executive Secretary shall establish and maintain a list of experts who are willing 
and able to serve as panellists. Each Contracting Party shall be entitled to nominate 
up  to  five  experts  whose  competence  in  the  legal,  scientific  or  technical  aspects  of 
fisheries covered by the Convention is established. The nominating Contracting Party 
shall  provide  information  on  relevant  qualifications  and  experience  of  each  of  its 
nominees. 

The  Contracting  Parties  to  the  dispute  shall  notify  the  Executive  Secretary  of  their 
intention  to  submit  a  dispute  to  an  ad  hoc  panel.  The  notification  shall  be 
accompanied by a full description of the subject matter of the dispute as well as the 
grounds  invoked  by  each  Party.  The  Executive  Secretary  shall  promptly  transmit  a 
copy of the notification to all Contracting Parties. 

Where another Contracting Party wishes to become Party to a dispute, it may join the 
process  of  constituting  a  ad  hoc  panel,  unless  the  original  Parties  to  the  dispute 
disagree.  The  Contracting  Party  wishing  to  become  a  party  to  the  dispute  should 
notify this intention within 15 days after having received the notification referred to 
in paragraph 2. 

No sooner than 30 days and no later than 45 days after the notification referred to in 
paragraph  2,  the  Contracting  Parties  to  the  dispute  shall  notify  the  Executive 
Secretary  of  the  constitution  of  the  ad  hoc  panel,  including  the  names  of  the 
panellists and the time schedule for its work. Unless the Parties agree otherwise, the 
following shall apply: 

(a) 

(b) 

(c) 

(d) 

(e) 

the ad hoc panel shall consist of three members; 

the Contracting Parties to the dispute shall each select one panellist and agree 
on the third panellist;  

the third panellist shall chair the ad hoc panel; 

the  third  panellist  shall  not  be  a  national  of  either  Contracting  Party  to  the 
dispute  and  shall  not  be  of  the  same  nationality  as  either  of  the  first  two 
panellists; and 

in  case  of  a  dispute  between  more  than  two  Contracting  Parties,  Contracting 
Parties to the dispute which are of the  same interest shall  select  one panellist 
jointly. If the Parties to the dispute can not agree on the nomination of the third 
panellist, the President of the International Tribunal of the Law of the Sea shall 
make the appointment, unless the Contracting Parties to the dispute agree that 
the appointment be made by another person or a third state. 

The  Executive  Secretary  shall  promptly  transmit  a  copy  of  the  notification  to  all 
Contracting Parties. 

5. 

Any Contracting Party, which is not a Party to the dispute, may attend all hearings of 
the ad hoc panel, make written and oral submissions to the ad hoc panel and receive 
the submissions of each Party to the dispute. 

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6. 

7. 

8. 

9. 

10. 

11. 

At the request of a Contracting Party to the dispute, or on its own initiative, the ad 
hoc panel may seek information and technical advice from any person or body that it 
deems appropriate, provided that the Parties to the dispute so agree. 

Unless the Contracting Parties to the dispute otherwise agree, the ad hoc panel shall, 
within  90  days  from  the  constitution  of  the  ad  hoc  panel,  make  its  report  and 
recommendations  referred  to  in  Article  XV  paragraph  4  of  the  Convention.  The 
report  and  recommendations  shall  be  confined  to  the  subject  matter  of  the  dispute 
and state the reasons on which they are based. The report and recommendations shall 
be  communicated  promptly,  through  the  Executive  Secretary,  to  all  Contracting 
Parties. 

The ad hoc panel shall aim at reaching a consensus in its conclusions. If this is not 
possible the  ad  hoc  panel  shall reach  its conclusions by a majority of its members, 
who may not abstain from voting. 

The  ad  hoc  panel  may  adopt  any  rules  of  procedure,  which  it  deems  necessary  to 
accelerate the proceedings. 

Costs of the ad hoc panel shall be borne by the Contracting Parties to the dispute in 
equal parts. 

In relation to the ad hoc panel established pursuant to Article XIV paragraphs 7 and 
8, the Parties shall be deemed to  be the Commission and  the  objecting Contracting 
Party and the provisions of this Annex shall apply, with the exceptions of paragraphs 
3 and 4 (e)." 

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