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APPENDIX G. - SUSPENDED RECOMMENDATIONS FOR FURTHER AMENDMENTS TO THE APFIC AGREEMENT*

* These proposed amendments were submitted by the APFIC Executive Committee at its Sixty-sixth Session to the Commission for consideration. The Commission decided to suspend its deliberations in respect of these amendments until a future Session of APFIC (Para. 71 and Appendix F of the Report of the Twenty-fifth Session).
Article III - Committees and Working Parties

Replace paragraph (1) by the following:

“1. There shall be an Executive Committee consisting of the Chairman, the Vice-Chairman, the immediately retired Chairman and five members elected by the Commission. In selecting the members, the Commission shall take into account the need for the various sub-regions and fisheries interests to be represented in the Executive Committee. In the unavoidable absence of one or two members of the Executive Committee from a Committee session, the Chairman shall have the power to co-opt the chairman of one or two of the committees which may from time to time be established in accordance with the Rules governing the procedure of the Commission, at his discretion, to substitute the absent Committee member or members for that Committee session only, provided that five permanent members of the Executive Committee shall always be present and that the number of voting members attending the Committee session shall in no case exceed eight.”

Article IV - Functions

Replace sub-paragraph (b) by the following:

“(b) to formulate and recommend, in accordance with the provisions of Article IV bis, appropriate measures:

(i) for the responsible utilisation, conservation and rational management of living aquatic resources, including measures:

regulating fishing methods and fishing gear;

prescribing the minimum size for individual of specified species;

establishing open and close fishing seasons and areas;

regulating the amount of total catch and fishing effort and their allocation among Members; and

(ii) for the implementation of these recommendations;”

Article IV bis

Add the following new Article IV bis:

Article IV bis - Recommendations on Management Measures

1. The recommendations referred to in Article IV, paragraph (b), shall be adopted by a two-thirds majority of Members of the Commission present and voting. The text of such recommendations shall be communicated by the Chairman of the Commission to each Member.

2. Subject to the provisions of this Article, the Members of the Commission undertake to give effect to any recommendations made by the Commission under Article IV, paragraph (b), from the date determined by the Commission, which shall not be before the period for objection provided for in this Article has elapsed.

3. Any Member of the Commission may, within one hundred and twenty days from the date of notification of a recommendation, object to it and, in that event, shall not be under obligation to give effect to that recommendation. In the event of an objection being made within the one hundred and twenty days period, any other Member may similarly object at any time within a further period of sixty days. A Member may also, at any time, withdraw its objection and give effect to a recommendation.

4. If objections to a recommendation are made by more than one-third of the Members of the Commission, the other Members shall be relieved forthwith of any obligation to give effect to that recommendation; notwithstanding the foregoing, any or all of them may agree among themselves to give effect to it.

5. The Chairman of the Commission shall notify each Member immediately upon receipt of each objection or withdrawal of objection.”


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