A mandate may be given to the primary consultative mechanism to inter alia:
|
(a) |
receive information on resources and fisheries from the parties [Arg/UK Joint Statement; Baltic Sea Convention; FFA Convention; Lake Victoria Convention] or determine what is to be received [Black Sea Convention]; |
|
(b) |
recommend the format in which such information is to be provided [Arg/UK Joint Statement] or make regulations for the collection of statistics [NEAFC Convention; Halibut Convention]; |
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(c) |
analyse such information [Baltic Sea Convention; FFA Convention] or review the status of fisheries resources and fisheries [Mediterranean and Gulf Agreements]; |
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(d) |
assess the impact of conservation measures on fishery resources [NEAFC Convention]; |
|
(e) |
coordinate exchange of data [NEAFC Convention; FFA Convention; Trinidad and Tobago/Venezuela Agreement]; |
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(f) |
propose joint scientific research work [Arg/UK Joint Statement; River Plate Treaty; NEAFC Convention; Mediterranean and Gulf Agreements]; |
|
(g) |
coordinate scientific research work [River Plate Treaty; Black Sea Convention; Mediterranean and Gulf Agreements; Pacific Salmon Treaty;] including establishing procedures for joint work [Colombia/Jamaica Treaty; Trinidad and Tobago/Venezuela Agreement]; |
|
(h) |
conduct studies itself [River Plate Treaty; Mediterranean and Gulf Agreements; Halibut Convention]. |
If there is no duty on the primary consultative mechanism to receive relevant information from the parties, the arrangement may instead be phrased so as to place a duty on the parties to supply the mechanism with such information [e.g. NEAFC Convention; Pacific Salmon Treaty; Lake Victoria Convention].
Sometimes, the number of research tasks allocated to the primary consultative mechanism is reduced because the mechanism relies on a science secretariat (e.g. ICES is used by: NEAFC Convention; Herring System; Norway/Russia 1978 Agreement; Baltic Sea Convention). For example, NEAFC has a Memorandum of Understanding with ICES. Ward et al. have recently reviewed the use of science secretariats, and the issues will not be reiterated here. Alternatively, a scientific committee may be created as a subsidiary body to address the some or all of the research and assessment mandate allocated to the primary consultative mechanism [e.g. Argentina/UK Joint Statement; Pacific Salmon Treaty; Lake Victoria Convention]. Rarely, the primary consultative mechanism has a mandate to conduct its own research cruises [Halibut Convention].
Even if there is a primary consultative mechanism in place, there may nonetheless be a duty addressed to the parties as individuals to:
|
(a) |
cooperate on scientific research [Japan/China Agreement; Norway/Russia 1975 Agreement; C\olombia/Jamaica Treaty; African Atlantic Convention; Mauritania/Senegal Convention (implemented by a protocol)]; |
|
(b) |
exchange results of fisheries research [Norway/Russia 1975 Agreement; Black Sea Convention; Trinidad and Tobago/Venezuela Agreement]; |
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(c) |
jointly undertake programmes of research under the procedure established by the commission [Trinidad and Tobago/Venezuela Agreement]; |
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(d) |
exchange relevant information on fisheries resources [Japan/Korea Agreement; Herring System (catch reports on a monthly basis); Norway/Russia 1975 Agreement; Black Sea Convention; Pacific Salmon Treaty; Trinidad and Tobago/Venezuela Agreement; African Atlantic Convention]. |
Even if the primary consultative mechanism consists only of consultations there may still be a duty for the parties to: (a) facilitate cooperation in fisheries research; (b) exchange catch/effort data; and (c) exchange results of specified scientific research [Australia/Indonesia Agreement].
If there is no primary consultative mechanism of any form, there may be a duty on the parties to:
|
(a) |
provide each other with research results, jointly coordinate and undertake scientific research, exchange catch information [Colombia/Dominican Republic Agreement, re its zone of scientific research and common fishing exploitation]; |
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(b) |
offer each other “the greatest possible facilities” for the purpose of developing activities to exploit and use the living resources of their respective maritime jurisdictional zones through inter alia cooperation in scientific research [Colombia/Costa Rica Treaty; Colombia/Ecuador Agreement]; |
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(c) |
promote, encourage and facilitate scientific research [Netherlands/Venezuela Treaty]. |
One party may be under a duty to allow the other party to carry out research in its waters in specified matters of common interest and according to specified procedures [River Plate Treaty; Pacific Salmon Treaty; Lake Victoria Convention]. The Torres Strait Treaty creates the concept of “residual jurisdiction” (see Annex II). Some arrangements provide that they or their conservation and management measures are not to apply to research cruises [Baltic Sea Convention; Halibut Convention]. The African Atlantic Convention requires parties to: (a) encourage exchange of experience, twinning of institutions, and optimum use of vessels for research; and (b) to collaborate in the establishment of a data and information bank.
