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1969: Convention On The Conservation Of The Living Resources Of The Southeast Atlantic (with Final Act Of The Conference And Resolutions)

Related Lineage is: Living Resources of Southeast Atlantic
  Provision  First Coders Codes  Second Coders Codes 
Titl.1  Convention On The Conservation Of The Living Resources Of The Southeast Atlantic (With Final Act Of The Conference And Resolutions)  TITL  TITL 
Src.1  Source:  SRC  SRC 
Pre.1  Preamble  DESC GOAL  DESC GOAL 
Pre.2  The Governments of the States parties to this Convention, considering their mutual interest in the living resources of the Southeast Atlantic and desiring to cooperate in the conservation and rational exploitation of these resources, have agreed as follows:     
Art.1  Article I  SCOP  SCOP 
Art.1.1  1. The area to which this Convention shall apply, hereinafter referred to as the " Convention Area, " shall be all waters bounded by a line drawn as follows:     
Art.1.1.1x  Beginning at a point at 6°04'36" South latitude and 12°19'48" East longitude, thence in a northwesterly direction along a rhumb line to the point at the intersection of the meridian 12° East with the parallel 6° South, thence due west along this parallel to the meridian 20° West, thence due south along this meridian to the parallel 50° South, thence due east along this parallel to the meridian 40° East, thence due north along this meridian to the coast of the African continent, thence in a westerly direction along this coast to the original point of departure.     
Art.1.2  2. The eastern boundary at the meridian 40° East shall be reviewed if a convention for the conservation of the living resources of the sea is established applying to an area immediately adjacent to that boundary.     
Art.2  Article II     
Art.2.1x  Nothing in this Convention shall be considered as affecting the rights, claims or views of any Contracting Party in regard to the limits of the territorial sea or to the extent of jurisdiction over fisheries under international law.  SOVR  SOVR 
Art.3  Article III  SCOP  SCOP 
Art.3.1x  This Convention shall apply to all fish and other living resources in the Convention Area, with the exception of any such resources as may be excluded pursuant to arrangements or agreements entered into by the Commission in accordance with paragraph 1 of Article XI of this Convention.    SOVR 
Art.4  Article IV  HOBS  HOBS 
Art.4.1x  The Contracting Parties hereby agree to establish and to maintain a Commission to be known as the International Commission for the Southeast Atlantic Fisheries, hereinafter referred to as the " Commission, " which shall carry out the functions set forth in this Convention.     
Art.5  Article V  HOBS SBS  HOBS HOBF 
Art.5.1  1. The Commission shall hold a regular session at least once every two years. A special session shall be called at any time at the request of one Contracting Party provided that such request is supported by at least three other Contracting Parties.     
Art.5.2  2. Each of the Contracting Parties shall be represented on the Commission by not more than three Commissioners who may be accompanied by experts and advisers.     
Art.5.3  3. Each Contracting Party shall have one vote in the Commission. Except as may be otherwise provided in this Convention, decisions of the Commission shall be taken by a majority of two thirds of the Contracting Parties present and voting. Two thirds of the Contracting Parties shall constitute a quorum.     
Art.5.4  4. At each regular session the Commission shall elect from among the Commissioners the following officers: a Chairman, a First Vice-Chairman and a Second Vice-Chairman. These officers shall remain in office until the election of their successors at the next regular session and shall not be eligible to serve for more than two consecutive terms in the same office. A commissioner, when acting as Chairman, shall not vote.     
Art.5.5  5. The working languages of the Commission shall be English, French and Spanish.     
Art.5.6  6. The Commission shall adopt such rules of procedure and other internal administrative regulations as are necessary to carry out its functions. The rules of procedure of subsidiary bodies established by the Commission under Article VII may be adopted by such subsidiary bodies, but shall only enter into force upon approval by the Commission.     
Art.6  Article VI  HOBF  HOBF SUBS 
Art.6.1  1. In order to achieve the objectives set out in this Convention, the Commission shall be responsible for the study of all fish and other living resources in the Convention Area. Such study shall include research on the abundance, life history, biometry and ecology of these resources; and the study of their environment. In undertaking the study of these matters, the Commission shall collect, analyse, publish and disseminate, by all appropriate means, statistical, biological and other scientific information on the said resources.  SCIR INFO  SCIR 
Art.6.2  2. The Commission, in carrying out its responsibilities shall, insofar as feasible, utilize the technical and scientific services of, and information from, official agencies of the Contracting Parties. The Commission may, when necessary, utilize other services and information, and may also undertake, within the limits of its supplementary budget, independent research to supplement the research being done by governments, national institutions or other international organizations.  SCIR  SCIR INFO 
Art.6.3  3. The Contracting Parties shall furnish, on the request of the Commission, any available statistical and other data and information the Commission may need for the purposes of the Convention.  SCIR INFO  INFO SCIR 
Art.7  Article VII  SBS HOBF SBF  HOBF SBS SBF SUBS 
Art.7.1  1. The Commission may establish a Regional Committee for each of the regions into which the Convention Area may be divided on an ecological basis and a Stock Committee with respect to any stock to be found in the Convention Area. The Commission may also establish a Scientific Advisory Council, hereinafter referred to as the " Council. " The Commission may establish such other subsidiary bodies as are necessary for the performance of its functions, determining their composition and terms of reference in each case.     
Art.7.2  2. Regional Committees shall have the functions specified in this Article, except with respect to any stock for which a Stock Committee is competent.     
Art.7.3  3. A Regional or Stock Committee may initiate, on the basis of the results of scientific investigations, proposals regarding measures that are applicable to the region or stock for which it has been established and shall consider any proposals that may be referred to it by the Commission.  SCIR  SCIR 
Art.7.4  4. A Regional or Stock Committee may prepare draft recommendations for consideration by the Commission. The Commission may adopt such draft recommendations, with any amendments it may consider desirable, in accordance with Article VIII of this Convention.     
Art.7.5  5. The Commission shall designate the Contracting Parties that may be represented on a Regional or Stock Committee. However, when a Regional or Stock Committee is established a Contracting Party shall automatically have the right to be represented thereon if it fishes in the region; or if it exploits the stock concerned; or if it has a coastline adjacent to the region concerned or the area where the stock is to be found. If a Contracting Party exploits a stock outside the region covered by a Regional or Stock Committee, it may be eligible to be represented thereon if the Commission so decides.  SOVR   
Art.7.6  6. The functions of the Council shall be to advise and assist the Commission and its Regional and Stock Committees with respect to the scientific aspects of their responsibilities.  SCIR  SCIR 
Art.7.7  7. Each Contracting Party may send a delegation of scientists to the Council composed of as many experts as it whishes. The Council may establish subsidiary bodies and determine their composition.  SCIR   
Art.7.8  8. The Council may, with the concurrence of the Commission, invite other scientists or expert to participate in its deliberations in an advisory capacity.  SCIR   
Art.7.9  9. The Council shall hold regular sessions whose timing shall be determined by the Commission in relation to its regular sessions. The Council may hold special sessions subject to the approval of the Commission.     
Art.8  Article VIII  HOBF  HOBF SUBS 
Art.8.1  1. The Commission may make, on its own initiative or on the proposal of a Regional or Stock Committee and on the basis of the results of scientific investigations, recommendations relating to the objectives of this Convention. These recommendations shall become binding on the Contracting Parties under the conditions laid down in Article IX.  SCIR   
Art.8.2  2. The matters with respect to which the Commission may make recommendations shall be:     
Art.8.2.a  (a) the regulation of the sizes of mesh of fishing nets;     
Art.8.2.b  (b) the regulation of the size limits of fish that may be retained on board any fishing craft or landed, or exposed or offered for sale;     
Art.8.2.c  (c) the establishment of open and closed seasons;     
Art.8.2.d  (d) the establishment of open and closed areas;     
Art.8.2.e  (e) the regulation of fishing gear and appliances, other than regulation of the size of mesh of fishing nets;     
Art.8.2.f  (f) the improvement and the increase of living resources, which may include artificial propagation, the transplantation and acclimatization of organisms, the transplantation of young, and predator control;     
Art.8.2.g  (g) the regulation of the total catch by species, group of species or, if appropriate, by regions; and     
Art.8.2.h  (h) any other type of measure directly related to the conservation of all fish and other living resources in the Convention Area.     
Art.8.3.a  3. (a) If the Commission makes a recommendation under paragraph 2 (g) of this Article, it may invite the Contracting Parties concerned, as determined by the Commission, to elaborate agreements on the allocation of a total catch quota taking into account the fishing interests of all the countries concerned and ensuring, as far as possible, that all the countries concerned abide by the Commission's recommendation for a total catch quota and by any agreed allocation.     
Art.8.3.b  (b) the terms of any such agreement shall be reported by the Contracting Parties concerned to the Commission as soon as possible. Without prejudice to the binding force of such agreements on the parties thereto, the Commission may thereupon make recommendations, pursuant to paragraph 1 of this Article, on the subject matter of the said agreements.  SOVR   
Art.8.4  4. The Commission shall notify all Contracting Parties of recommendations adopted by the Commission.    INFO 
Art.9  Article IX  HOBF SUBS  SUBS HOBF 
Art.9.1  1. Subject to the provisions of this Article, the Contracting Parties undertake to give effect to any recommendation adopted by the Commission in accordance with Article VIII.     
Art.9.2  2. Any Contracting Party may, within ninety days of notification of a recommendation, present an objection to it to the Commission and in that event shall not be under an obligation to give effect to the recommendation.     
Art.9.3  3. If an objection is presented within the ninety-day period referred to in the preceding paragraph any other Contracting Party may present an objection at any time within a further period of sixty days or within thirty days after notification of an objection presented by another Contracting Party made within the further sixty-day period.     
Art.9.4  4. If objections to a recommendation are presented by at least three Contracting Parties, all the other Contracting Parties shall be relieved forthwith of any obligation to give effect to that recommendation; nevertheless, any or all of them may agree among themselves to give effect to it.     
Art.9.5  5. Any Contracting Party which has presented an objection to a recommendation may at any time withdraw that objection and shall then, subject to the provisions of the preceding paragraph, give effect to the recommendation within ninety days.     
Art.9.6  6. The Commission shall notify all Contracting Parties of each objection or withdrawal immediately upon receipt thereof.    INFO 
Art.10  Article X  IMPL  IMPL 
Art.10.1  1. Without prejudice to the rights of States in the waters in which they are entitled under international law to exercise jurisdiction over fisheries, each Contracting Party shall take appropriate measures, in its territories and in these waters with respect to all persons and vessels, and beyond these waters with respect to its nationals and vessels, to ensure the implementation of the provisions of the present Convention and the recommendations of the Commission which have become binding on that Contracting Party, and to apply sanctions for the violation of such recommendations.  SOVR   
Art.10.2  2. The Contracting Parties undertake to collaborate with each other with a view to the adoption of effective measures to ensure the implementation of this Convention and the achievement of its objectives.     
Art.10.3  3. In addition, the Contracting Parties undertake to collaborate with each other with a view to setting up, upon a recommendation by the Commission, a system of international enforcement of such recommendations as the Commission may select for inclusion under the said system, except in the waters in which a State is entitled under international law to exercise jurisdiction over fisheries. The adoption and implementation of such a recommendation shall be governed by Articles VIII and IX of this Convention.     
Art.10.4  4. The Contracting Parties shall transmit to the Commission, biennially, or at such times as may be required by the Commission, a statement of the action that they have taken pursuant to this Article.  INFO  INFO 
Art.11  Article XI  HOBF HOBS SBS  HOBF HOBS 
Art.11.1  1. The Commission shall seek to conclude agreements and maintain working arrangements with other international organizations which have related objectives, and in particular the Food and Agriculture Organization of the United Nations, to ensure effective collaboration and coordination and to avoid duplication with respect to their work.  RELA  RELA 
Art.11.2  2. The Commission may invite any appropriate international organization and the Government of any State eligible to become a party to this Convention under Article XVII, but which is not a member of the Commission, to be represented in an observer capacity at sessions of the Commission or its subsidiary bodies.     
Art.12  Article XII  HOBF HOBS SECS SECF FINAD  HOBF SECS FINAD 
Art.12.1  1. The Commission shall appoint an Executive Secretary on such conditions as it may determine.     
Art.12.2  2. The staff of the Commission shall be appointed by the Executive Secretary in accordance with such rules and on such conditions as may be determined by the Commission.     
Art.12.3  3. The Executive Secretary shall perform such functions as the Commission may prescribe, including the following:     
Art.12.3.a  (a) receiving and transmitting the Commission's official communications;     
Art.12.3.b  (b) preparing budget estimates for review by the Commission at its regular sessions;     
Art.12.3.c  (c) preparing for submission to the Commission at its regular sessions a report on the Commission's activities and the programme of work, and arranging for the subsequent publication of this report and the proceedings of the Commission;  INFO   
Art.12.3.d  (d) arranging for the collection and analysis of statistics and other data necessary to accomplish the purposes of this Convention;  SCIR   
Art.12.3.e  (e) preparing for submission to the Commission, and for possible subsequent publication, reports on statistical, biological and other matters;  SCIR INFO  SCIR 
Art.12.3.f  (f) authorizing the disbursement of funds in accordance with the Commission's budget;     
Art.12.3.g  (g) accounting for the funds of the Commission; and     
Art.12.3.h  (h) arranging for cooperation with international organizations as provided for under Article XI of this Convention.     
Art.13  Article XIII  HOBF FINAD IMPL  HOBF FINAD SUBS 
Art.13.1  1. At each regular session the Commission shall adopt a budget for the following fiscal period and budget estimates for the fiscal period following thereafter. The fiscal period shall be two years. However, should the Commission hold more than one regular session during a fiscal period, it may revise the current budget if required. Subject to the agreement of all Contracting Parties, the Commission may, at any session, adopt a supplementary budget.     
Art.13.2  2. The contributions to the budget and any supplementary budget to be paid by each Contracting Party shall be payable in such currency or currencies and at such time as the Commission shall decide.     
Art.13.3  3. The voting rights of any Contracting Party whose arrears of contributions equal or exceed its total contribution falling due in the preceding fiscal period shall be suspended unless the Commission decides otherwise.     
Art.13.4  4. The Commission may also accept from any private or public sources other contributions for the furtherance of its objectives. Such contributions shall be used and administered in accordance with rules to be adopted by the Commission.     
Art.13.5  5. The Commission shall arrange for an annual independent audit of its accounts to be made and submitted for review and approval by the Commission.     
Art.13.6  6. The Commission shall establish a Working Capital Fund to finance operations of the Commission prior to receiving annual contributions, and for such other purposes as the Commission may determine. The Commission shall fix the level of the Fund, assess advances necessary for its establishment, and adopt regulations governing its use.     
Art.14  Article XIV  HOBF FINAD  FINAD HOBF SUBS 
Art.14.1x  The Commission shall calculate the contributions to be made by the Contracting Parties to the budget including any supplementary budget according to the following formula:     
Art.14.1x.a  (a) One third of the total amount of the budget including any supplementary budget shall be contributed by the Contracting Parties in equal parts;     
Art.14.1x.b  (b) Each Contracting Party shall contribute in respect of each Regional or Stock Committee of which it is a member an amount equivalent to one third of its contribution under subparagraph (a) above. This proportion shall be reduced, if necessary, in order that the total amount contributed by the Contracting Parties under this subparagraph shall not exceed one third of the total budget including any supplementary budget;     
Art.14.1x.c  (c) Any remaining portion of the budget including any supplementary budget shall be contributed by each Contracting Party in the proportion that its nominal catch in the Convention Area bears to the aggregate nominal catch of all Contracting Parties in that Area. In computing this catch the Commission shall take into account all fishes, crustaceans, molluscs and other marine invertebrates, with the exception of such species as may be excluded from the application of this Convention in accordance with Article III. The catch shall be determined on the basis of the average for the last two calendar years for which statistics have been published by the Food and Agriculture Organization of the United Nations.  RELA SCIR  RELA 
Art.15  Article XV  HOBS  HOBS 
Art.15.1  1. The Commission shall determine where its seat shall be situated.     
Art.15.2  2. The Commission shall have legal personality. It shall, in particular, have capacity to contract, and to acquire and dispose of movable and immovable property.     
Art.16  Article XVI  SUBS   
Art.16.1x  The provisions of this Convention shall not apply to fishing operations conducted solely for the purpose of scientific investigations, by vessels authorized by a Contracting Party for that purpose, or to fish taken in the course of such operations. However, fish so taken shall not be sold, or exposed or offered for sale in violation of a recommendation of the Commission.  SCIR  SCIR 
Art.17  Article XVII  MEMB DEPO RESV  MEMB DEPO RESV 
Art.17.1  1. This Convention shall be open for signature by the Government of any State represented at the Conference which adopted the Convention, or by the Government of any other State which is a Member of the United Nations or of any specialized agency of the United Nations.  RELA  RELA 
Art.17.2  2. Signature of this Convention shall be subject to ratification, acceptance or approval.     
Art.17.3  3. Once this Convention has entered into force, any State referred to in paragraph I of this Article which has not signed the Convention or any other State unanimously invited by the Commission to become a party to the Convention may adhere to it.     
Art.17.4  4. Instruments of ratification, acceptance, approval or adherence shall be deposited with the Director-General of the Food and Agriculture Organization of the United Nations, hereinafter referred to as the " Depositary. "  RELA  RELA 
Art.17.5  5. Ratification, acceptance, approval or adherence may not be made subject to any reservation.     
Art.18  Article XVIII  EIF  EIF DEPO 
Art.18.1  1. This Convention shall enter into force on the thirtieth day following the date of deposit of at least four instruments of ratification, acceptance or approval, provided that the weight of the aggregate nominal catch in the Convention Area of the countries having deposited such instruments amounts to at least seven hundred thousand metric tons on the basis of the statistics published by the Food and Agriculture Organization of the United Nations for the year one thousand nine hundred and sixty-eight.  RELA  RELA 
Art.18.2  2. After the entry into force of this Convention in accordance with paragraph I of this Article, the Convention shall enter into force for each State whose Government deposits an instrument of ratification, acceptance, approval or adherence on the thirtieth day following the date on which such instrument is received by the Depositary.     
Art.19  Article XIX  DEPO EIF AMND MEMB  AMND HOBF DEPO 
Art.19.1  1. Any Contracting Party may propose amendments to this Convention which shall be referred to the Commission for approval at a regular or special session. Proposals for the amendment of the Convention shall be communicated to the Depositary who shall inform the Contracting Parties thereof. Any amendment shall take effect for each Contracting Party accepting the amendment on the ninetieth day after its acceptance by three fourths of the Contracting Parties and thereafter for each remaining Contracting Party on the day on which the Depositary receives the notification of such acceptance.     
Art.19.2  2. Any State which becomes a Contracting Party after an amendment to this Convention has been proposed for acceptance pursuant to the provisions of this Article shall be bound by the Convention as amended when the said amendment comes into force.     
Art.20  Article XX  RESV  RESV 
Art.20.1x  At any time after ten years from the date of entry into force of this Convention, any Contracting Party may withdraw from the Convention by giving written notification of withdrawal. Withdrawal shall take effect on December thirty-first of the calendar year following the year in which notification of withdrawal was communicated to the Depositary.     
Art.21  Article XXI  DEPO  DEPO 
Art.21.1  1. The Depositary shall inform the Governments of the States referred to in paragraphs 1 and 3 of Article XVII:     
Art.21.1.a  (a) of the signature of this Convention and of the deposit of instruments of ratification, acceptance, approval or adherence in accordance with Article XVII;     
Art.21.1.b  (b) of the date on which the Convention will come into force in accordance with paragraph 1 of Article XVIII.     
Art.21.2  2. The Depositary shall inform all Contracting Parties:     
Art.21.2.a  (a) of proposals for the amendment of the Convention, notification of acceptance of such amendments and the entry into force of amendments, in accordance with Article XIX;     
Art.21.2.b  (b) of notification of withdrawal made in accordance with Article XX.     
Art.21.3  3. The original of this Convention shall be deposited with the Depositary who shall send certified copies thereof to the Governments of the States eligible to become parties to this Convention in accordance with Article XVII.     
Conc.1  DONE at Rome this twenty-third of October one thousand nine hundred and sixty-nine, in a single copy in the English, French and Spanish languages, each version being equally authoritative.  CONC TEXT  CONC TEXT 
Please cite as:
Data from Ronald B. Mitchell. 2002-2017. International Environmental Agreements Database Project (Version 2014.3).
Available at: http://iea-archive.uoregon.edu/
Date accessed: 27 March 2017