APPENDIX 2: INFORMATION ON SELECTED REGIONAL FISHERY BODIES

Global

International Whaling Commission (IWC)

1. OBJECTIVE AND FUNCTIONS

The purpose of the Convention is to provide for the proper conservation of whale stocks and thus make possible the orderly development of the whaling industry. The main duty of the Commission is to keep under review and revise as necessary the measures laid down in the Schedule to the Convention which govern the conduct of commercial and aboriginal subsistence whaling throughout the world.^[196] The regulatory measures adopted by the Commission are subject to an objection procedure.

2. REGULATORY MEASURES

Regulatory measures are implemented through amendments to the Schedule to the Convention. The Commission may amend the Schedule by adopting regulations with respect to the conservation and utilization of whale resources, fixing (a) protected and unprotected species; (b) open and closed seasons; (c) open and closed waters, including the designation of sanctuary areas; (d) size limits for each species; (e) time, methods, and intensity of whaling (including the maximum catch of whales to be taken in any one season); (f) types and specifications of gear and apparatus and appliances which may be used; (g) methods of measurement; and (h) catch returns and other statistical and biological records.

The Convention requires that amendments of the Schedule shall, inter alia, be such as are necessary to carry out the objectives and purposes of the Convention and to provide for the conservation, development, and optimum utilization of the whale resources, and be based on scientific findings.

In addition, after several years of intense work the Scientific Committee developed a revised management procedure for determining safe catch limits. It was accepted and endorsed by the Commission in 1994, but has yet to be implemented. This balances the somewhat conflicting requirements to ensure that the risk to individual stocks is not seriously increased, while allowing the highest continuing yield. The Commission is currently examining ways to complete a Revised Management Scheme that incorporates scientific aspects of management with those designed to ensure that regulations are obeyed.

3. ORGANIZATION

3.1 Membership

The membership of the Commission is open to all States which wish to ratify or adhere to the Convention.

3.2 The Commission and subsidiary bodies

The Commission, the principal organ, has three main committees - Scientific, Technical, and Finance and Administration.

The Scientific Committee is open to all members and meets in the two weeks immediately before the main Commission meeting and it may also hold special meetings during the year to consider particular subjects. It reports on all aspects of scientific research, and its findings and recommendations on management measures including catch limits. The information and advice it provides on the status of the whale stocks form the basis on which the Commission develops the regulations for the control of whaling. These are contained in the Schedule and require a three-quarters majority of the Commissioners voting.

The Technical Committee (open to all members) reports on technical matters such as management principles and criteria to assist the Commission in making management decisions, and technical and practical options to implement conservation measures.

There are also Commission sub-committees which deal with aboriginal subsistence whaling and infractions (breaking of regulations), and ad hoc Working Groups to deal with a wide range of issues. These include the Working Group on Whale Killing Methods and Associated Welfare Issues and the Working Group on the Revised Management Scheme. Commissioners may opt for their countries to be represented in any or all of these activities and most choose to do so.

3.3 Administration and Finance

The Finance and Administration Committee (open to all members) reports directly to the Commission.

An Advisory Committee, consisting of Chairman and Vice-Chairman of the Commission, Chairman of the Finance and Administration Committee, Secretary and two Commissioners assists and advises the Secretariat on administrative matters upon request by the Secretariat or decision of the Commission.

A Budget Sub-Committee (5 members) prepares financial plans for recommendation through the Finance and Administration Committee to the Commission; and a Contributions Sub-Committee assesses the form and nature of Contracting Government financial contributions to the Commission.

3.4 Observers

Accredited observers may be present at all meetings of the Commission and committees with the exception of Commissioners-only meetings and the meetings of the Finance and Administration Committee. There are special rules for accredited observers to attend meetings of the Scientific Committee, involving application 60 days before the meeting and approval by the Chair. International organizations must have offices in more than three countries to be accredited. Once an international organization is accredited, it remains so under the Commission determines otherwise. Only one observer is allowed per organization.

4. DECISION-MAKING COMPETENCIES

4.1 Decisions of the Commission

Decisions of the Commission are made by consensus as far as possible. When voting takes place, a simple majority of those casting an affirmative or negative vote is decisive, except that amendments to the Schedule (containing Regulations on the conduct and monitoring of whaling operations and requirements for the submission of information to the Commission) require a three-quarters majority of the Commissioners voting.

Amendments to the Schedule become effective with respect to the Contracting Governments ninety days following notification of the amendment by the Commission to each of the Contracting Governments, subject to the objection procedure.

The regulations adopted by the Commission are implemented through the national legislation of the member states, who appoint inspectors to oversee their whaling operations and may also receive international observers appointed by the IWC.

4.2 Objection Procedure

Any government can object to any decision which it considers to seriously affect its national interest, provided it is done within 90 days of notification of the decision, and the following rules and procedures will apply:

• if a Government objects to an amendment prior to the expiration of this ninety-day period, the amendment shall not become effective with respect to any of the Governments for an additional ninety days;

• thereupon, any other Contracting Government may present objection to the amendment at any time prior to the expiration of the additional ninety-day period, or before the expiration of thirty days from the date of receipt of the last objection received during such additional ninety-day period, whichever date is the later; and

• thereafter, the amendment becomes effective with respect to all Contracting Governments which have not presented objection but does not become effective with respect to any Government which has objected until the objection is withdrawn.

4.3 Other decision mechanisms

Rules of Procedure: These govern the conduct of the Commission and its meetings, the structure and management of committees and sub-committees, the financial regulations, the rules of debate and the conduct of the Technical and Scientific Committees.

5. DISPUTE SETTLEMENT

The Convention does not provide a procedure for dispute settlement.

Trans-Ocean

Commission for the Conservation of Antarctic Living Marine Resources (CCAMLR)

1. OBJECTIVE AND FUNCTIONS

The objective of the Convention is the conservation of Antarctic marine living resources, including rational use, with the following conservation principles to apply to any harvesting and associated activities in the area to which the Convention applies.

Population levels - Prevention of decrease in the size of any harvested population to levels below those, which ensure its stable recruitment. For this purpose its size should not be allowed to fall below a level close to that which ensures the greatest net annual increment.

Ecosystem - Maintenance of the ecological relationships between harvested, dependent and related populations of Antarctic marine living resources and the restoration of depleted populations.

Risk - Prevention of changes or minimisation of the risk of changes in the marine ecosystem which are not potentially reversible over two or three decades, taking into account the state of available knowledge of the direct and indirect impact of harvesting, the effect of the introduction of alien species, the effects of associated activities on the marine ecosystem and of the effects of environmental changes, with the aim of making possible the sustained conservation of Antarctic marine living resources.

The main functions of the Commission are to: (i) ensure that all harvesting and research activities are conducted in accordance with the objectives of the Convention; (ii) formulate, adopt and revise conservation measures; (iii) compile, analyse and disseminate information on the status of resources; and (iv) facilitate research activities.

The Commission has regulatory powers and its regulatory measures are subject to a reservation procedure.

2. REGULATORY MEASURES

The Commission must formulate, adopt and revise conservation measures on the basis of the best scientific evidence available, including the following measures:^[197]

• the designation of:

- the quantity of any species which may be harvested in the Convention area;

- regions and sub-regions based on the distribution of populations of Antarctic marine living resources;

- the quantity which may be harvested from the populations of regions and sub-regions;

- protected species;

- size, age and as appropriate sex of species which may be harvested;

- open and closed seasons for harvesting;

- of the opening and closing of areas, regions or sub-regions for scientific study or conservation, including special areas for protection and scientific study;

• regulation of the effort employed and methods of harvesting, including fishing gear, with a view to avoiding undue concentration of harvesting in any region or sub-region;

• taking such other conservation measures as the Commission considers necessary for the fulfilment of the objective of the Convention, including measures concerning the effects of harvesting and associated activities on components of the marine ecosystem other than the harvested populations.

3. ORGANIZATION

3.1 Membership

The Convention is open for accession by any State interested in research or harvesting activities in relation to the marine living resources to which the Convention applies.

In addition, the Convention is also open for accession by regional economic integration organizations constituted by sovereign States which include among their members one or more States Members of the Commission and to which the States members of the organization have transferred, in whole or in part, competence with regard to the matters covered by this Convention. The accession of such regional economic integration organizations is the subject of consultations among Members of the Commission.

The membership of the Commission consists of (a) Contracting Parties which participated in the meeting at which the Convention was adopted, (b) each State Party acceded to the Convention becomes a member of the Commission during the period when the acceding Party is engaged in research or harvesting activities in relation to the marine living resources to which the Convention applies, and (c) each regional economic integration organization which has acceded to the Convention is entitled to become a member of the Commission during such time as its States members are so entitled. Membership in the Commission requires acceptance of conservation measures in force.

3.2 The Commission and subsidiary bodies

The Commission, the principal organ, has a Scientific Committee and a Standing Committee on Observation and Inspection. The Scientific Committee reports directly to the Commission, and may seek the advice of other scientists and experts. It may establish other subsidiary bodies with the approval of the Commission, and such bodies are Working Groups on: Fish Stock Assessment; Ecosystem Modelling and Management; and Incidental Mortality Associated with Longline fishing.

The Commission also has a Standing Committee on Observation and Inspection whose primary functions are to report on inspections of fishing vessels and to ensure compliance with conservation measures in force. It reports directly to the Commission.

3.3 Administration and Finance

The administration of the Commission is managed by a Secretariat whose Executive Secretary prepares and submits an annual budget for the work of the Secretariat, the Commission and the Scientific Committee.

The Standing Committee on Administration and Finance advises the Commission on administrative and financial matters submitted to it by the Commission and, on an annual basis, examines the audited financial statement of the Commission for the previous year; examines the operation of the budget for the current year and examines the draft budget for the ensuing year. The Standing Committee may draw any matter of an administrative or financial character to the attention of the Commission.

3.4 Observers

Observers may be present at public and private sessions of the Commission and at sessions of the Scientific Committee and its subsidiary bodies, unless a member objects. They must be invited from among categories listed in the relevant Rules of Procedure, including States, organizations, intergovernmental and nongovernmental organizations. The respective chairs may invite observers to address the Commission or Scientific Committee, unless a member objects. Observers may submit documents relevant to matters under consideration in the Commission or Committee for distribution. The documents will be available only in the language(s) and quantities submitted, and will only be considered documents of the Commission or Committee if so agreed by the members.

4. DECISION-MAKING COMPETENCIES

4.1 Decisions of the Commission

Decisions of the Commission on matters of substance are made by consensus. The question of whether a matter is one of substance is treated as a matter of substance. Decisions on matters other than these are taken by a simple majority of the Members of the Commission present and voting.

Where the Commission is considering any item requiring a decision, it must be made clear whether a regional economic integration organization (REIO)will participate in the taking of the decision, and if so whether any of its member States will also participate. The number of Contracting Parties so participating is not to exceed the number of member State of the REIO which are members of the Commission. In taking decisions a REIO only has one vote.

At a meeting of the Commission, votes are to be taken by a show of hands. However, a roll call or secret ballot vote may be taken at the request of a Member. If there are conflicting requests as between a roll call or secret ballot, the latter is to be used.

When necessary, taking of decisions and votes on any proposal made during the period between meetings may be carried out by post or by other means of textual communication, in accordance with procedures in the Rules of Procedure of the Commission.

4.2 Objection Procedure

Decisions on conservation measures are binding upon all Members 180 days after notification by the Commission, unless the objection procedure is used.

A Member of the Commission may place a reservation on a conservation measure, in whole or in part, 90 days following notification by the Commission. When the Member notifies the Commission of its reservation, it is not bound to the extent of the reservation.

When a reservation has been notified, any Member may request that the Commission meet to review the conservation measure. At the time of, or within 30 days following the meeting, any Member can declare that it is no longer able to accept the measure. That Member is then not bound by the measure.

4.3 Other decision mechanisms

4.3.1 Rules of Procedure

There are separate Rules of Procedure for the Commission and the Scientific Committee governing the conduct of business, meetings, Chair, observers and other such matters. Rules of Procedure allow the Commission and Scientific Committee respectively to determine the composition and terms of reference of any subsidiary body established by it, and insofar as they are applicable the appropriate Rules of Procedure will apply to such bodies unless the Commission decides otherwise.

4.3.2 Rules and Regulations

Financial Regulations and Staff Regulations provide the framework for financial and staff administration. Financial regulations adopted by the Commission govern the conduct of financial activities of the Commission and Scientific Committee.

Rules for access to and use of CCAMLR data and for access to catch documentation scheme data reflect decisions on the handling of data and information.

4.3.3 Terms of Reference, Texts

Decisions to establish a Standing Committee and system/scheme are contained in the following documentation:

• Establishment of the Standing Committee on Administration and Finance;

• Terms of Reference and Organization of Work of the Standing Committee on Implementation and Compliance;

• Text of the CCAMLR System of Inspection;

• Text of the CCAMLR Scheme of International Scientific Observation.

5. DISPUTE SETTLEMENT

In the event of a dispute, Contracting Parties must consult among themselves with a view to having the dispute resolved by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their own choice.

If the dispute is not resolved, it must, with the parties’ consent, be referred to the International Court of Justice (ICJ), or to arbitration. However, failure to reach agreement on reference to the ICJ or arbitration does not absolve parties from the responsibility of continuing to seek a resolution by peaceful means as noted above.

If the Parties refer the dispute to arbitration, the arbitral tribunal must be constituted as provided in an Annex to the CCAMLR Convention.

Regional

General Fisheries Commission for the Mediterranean (GFCM)

1. OBJECTIVE AND FUNCTIONS

The objectives and functions of GFCM are to:

• promote the development, conservation and management of living marine resources, as well as the sustainable development of aquaculture in the region;

• formulate and recommend conservation measures; and

• encourage training cooperative projects.

“Conservation measures” are defined by the Agreement establishing GFCM as including: regulating the amount of total catch and fishing effort and their allocation; establishing open and closed fishing seasons and areas and regulating fishing methods.^[198]

2. REGULATORY MEASURES

The Commission is empowered to formulate and recommend appropriate management measures including the regulation of fishing methods and fishing gears, the prescription of the minimum size for individuals of specified species, the establishment of open and closed seasons, and the regulation of the amount of total catch and fishing effort and their allocation among members.

3. ORGANIZATION

3.1 Membership

Membership of GFCM is open to Member Nations and Associate Members of FAO. Other States that are Members of the United Nations, any of its Specialized Agencies or the International Atomic Energy Agency may be admitted as members by a two-thirds majority of the Commission’s membership. Amendments to the Agreement were adopted in 1997 to allow, inter alia, for membership by a regional economic integration organization.

3.2 The Commission and subsidiary bodies

The Commission, the principal organ, may establish temporary, special or standing committees to study and report on matters pertaining to the purposes of the Commission and working parties to study and recommend on specific technical problems.

The Commission has established two main committees: the Committee on Aquaculture and the Scientific Advisory Committee.

The Committee on Aquaculture has established three networks or systems:

• SELAM, on the socio-economic and legal aspects of aquaculture;

• TECAM, a technology and aquaculture network; and

• SIPAM, information systems for the promotion of aquaculture.

The Scientific Advisory Committee has four Sub-Committees, with ad hoc Working Groups at the time of writing as indicated:

1. Stock Assessment (SCSA);

• Small Pelagic Species

• Large Pelagic Species (with ICCAT)

• Demersal Species

2. Economic and Social Sciences (SCESS);

• Economic and social indicators

3. Marine Environment and Ecosystems (SCMEE);

• Marine ecology and environment

• Anthropogenic effects and fishing technology

4. Statistics and Information (SCSA).

Three working groups have been established under the Scientific Advisory Committee. These are: the Working Group on Operational Units, the GFCM/ICCAT Working Group on Sustainable Tuna Farming and the EIFAC/GFCM Working Group on the Management of Sturgeon.

3.3 Administration and Finance

The following matters relating to administration and finance require acceptance by a two-thirds majority of the members of the Commission:

• enforcement of the budget (in 1997, the Commission agreed to establish an autonomous budget financed by members’ contributions, according to a scale agreed in 2000)

• adoption and amendment of its Rules of Procedure (provided that they are not inconsistent with the Agreement or with the Constitution of the FAO).

• adoption and amendment of its Financial Regulations (provided that they are consistent with the principles embodied in the Financial Regulations of FAO).

3.4 Observers

There is no specific rule for the attendance of observers at meetings of the Commission, except insofar as provided by the FAO Constitution and Rules of Procedure.

4. DECISION-MAKING COMPETENCIES

4.1 Decisions of the Commission

Each Member has one vote, except in the case of the European Community as a REIO, in which case FAO rules are followed. Decisions of the Commission are taken by a simple majority of the votes cast, except that a two-thirds majority of the members present and voting is required in the case of recommendations on measures for conservation and management and for the implementation of the recommendations. A majority of the total membership of the Commission constitutes a quorum.

4.2 Objection Procedure

Any Member of the Commission may within one hundred and twenty days from the date of notification of a recommendation for a conservation and management measure 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.

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

4.3 Other decision mechanisms

Rules of Procedure: The Commission may, by a two-thirds majority of its membership, adopt and amend its own Rules of Procedure, which are to be consistent with the General Rules of FAO.

5. DISPUTE SETTLEMENT

Any dispute regarding the interpretation or application of the Agreement, if not settled by the Commission, must be referred to a committee composed of one member appointed by each of the parties to the dispute, and in addition an independent chairman chosen by the members of the committee.

The recommendations of such a committee, while not binding in character, must become the basis for renewed consideration by the parties concerned of the matter out of which the disagreement arose.

If as the result of this procedure the dispute is not settled, it must be referred to the International Court of Justice, or, in the case of a REIO that is a Member of the Commission, it must be submitted to arbitration unless the parties to the dispute agree to another method of settlement.

International Baltic Sea Fisheries Commission (IBSFC)

1. OBJECTIVE AND FUNCTIONS

The main objective of the Convention is to preserve and increase the living resources of the Baltic Sea and the Belts and to obtain the optimum yield, in particular, to expand and coordinate studies towards these ends and to put into effect organizational and technical projects on conservation and growth of the living resources on a just and equitable basis as well as take other steps towards rational and effective exploitation of the living resources.

2. REGULATORY MEASURES

The Commission recommends conservation measures to the Contracting States, including:

• measures for the regulation of fishing gear, appliances and catching methods;

• measures regulating the size limits of fish that may be retained on board vessels or landed, exposed or offered for sale;

• measures establishing closed seasons or closed areas;

• measures improving and increasing the living marine resources, official reproduction and transplantation of fish and other organisms;

• measures establishing total allowable catch or fishing effort according to species, stocks, areas and fishing periods including total allowable catches for areas under the fisheries jurisdiction of Contracting States;

• any other measures related to the conservation and rational exploitation of the living marine resources.

The total allowable catches for herring, sprat, cod and salmon as well as their allocations among member States are set annually by the Commission. The decisions of the Commission are subject to an objection procedure.

3. ORGANIZATION

3.1 Membership

This Convention is open for accession to any State interested in preservation and rational exploitation of living resources in the Baltic Sea and the Belts, or to any intergovernmental economic integration organization to which the competence in the matters regulated by this Convention has been transferred by its Member States, provided that this State or organization is invited by the Contracting States. It is also open to intergovernmental economic integration organizations.

3.2 The Commission and subsidiary bodies

The Commission has the following functions:

• to coordinate the management of the living resources in the Convention area by collecting, aggregating, analysing and disseminating statistical data;

• to promote coordination, as appropriate, of scientific research and, when desirable, of joint programmes of such research in the Convention area;

• to prepare and submit recommendations on conservation and management measures based as far as practicable on results of the scientific research;

• examine information submitted by the Contracting States in accordance with the Convention.

There are two Standing Committees:

• Regulatory Measures Committee, which takes into account the scientific advice provided by the ICES Advisory Committee on Fishery Management (ACFM) and prepares proposals for regulatory measures for recommendation to and adoption by the Commission. It is also mandated to work out proposals dealing with the coordination of scientific research in the Convention Area and the dissemination of its results.

• Finance and Administration Committee, which advises the Commission on matters relating to the Secretariat, and the budget, publications and time and place of meetings of the Commission.

The Commission may also establish ad hoc working groups to deal with specific problems arising in its work and determine their composition and terms of reference.

3.3 Administration and Finance

The Commission is managed by a Secretariat with advice through the Commission of the Finance and Administration Committee.

3.4 Observers

The Rules of Procedure allow for representation at meetings (without the right to vote) by:

• Intergovernmental organizations (IGOs) that have regular contacts with IBSFC as regards fisheries matters or whose work is of interest to IBSFC or vice-versa,

• Non-governmental organizations (NGOs) that support the general objectives of IBSFC and with a demonstrated interest in the species under the purview of IBSFC. They may participate as an observer in plenary meetings of the Sessions and in the meetings of the Standing Committee on Regulatory Measures.

NGOs desiring to participate as observe must notify the Secretariat at least 65 days in advance and provide specific information required in the Rules of Procedure. The Secretary must notify the Contracting Parties within a prescribed time, and NGOs will be granted observer status unless one or more Contracting Parties objects within 10 days. If there is an objection, the matter is put to a vote by written procedure.

NGOs admitted to a meeting may not vote, and may make oral statements at the Chair’s invitation, distribute documents and engage in other activities as approved by the Chair. NGOs are not permitted to record meeting proceedings, and other rules govern their conduct at meetings.

4. DECISION-MAKING COMPETENCIES

4.1 Decisions of the Commission

In most recent years, IBSFC recommendations have been adopted unanimously. In the absence of consensus, decisions and recommendations of the Commission may be taken by a two-thirds majority of votes of the Contracting States present and voting at the meeting. However, any recommendation relating to areas under the fisheries jurisdiction of one or more Contracting States will enter into force for these States only if they have voted affirmatively.

4.2 Objection Procedure

There is an objection period of 90 days from the date of the notification of a recommendation. If a Contracting State objects during this period, it is not bound by the recommendation. A Contracting State may withdraw its objection at any time and be bound by the recommendation.

If an objection is made, other Contracting States may also object within a further sixty days. If an objection is made by three or more Contracting States, all Contracting States are not bound by the recommendation.

After the entry into force of a recommendation, any Contracting State may notify the Commission of the termination of its acceptance of the recommendation. The recommendation ceases to be binding on that Contracting State one year from the date of notification. When this occurs, any other Contracting State can then notify the Commission of the termination of its acceptance of the recommendation. The recommendation then ceases to be binding on that Contracting State 30 days after the date of notification.

4.3 Other decision mechanisms

The Commission has adopted Rules of Procedure, Financial Regulations and Fishery Rules.

5. DISPUTE SETTLEMENT

There is no formal mechanism within the Convention or the Rules of Procedure for the settlement of disputes.

Northwest Atlantic Fisheries Organization (NAFO)

1. OBJECTIVE AND FUNCTIONS

The main objective of the Convention as set out in its Preamble is to promote the conservation and optimum utilization of the fishery resources of the Northwest Atlantic area within a framework appropriate to the regime of extended coastal States jurisdiction over fisheries, and accordingly to encourage international cooperation and consultation with respect to these resources.

The functions of management and conservation of the fishery resources of the Regulatory Area are discharged by the Fisheries Commission.

2. REGULATORY MEASURES

Specific types of regulatory measures are not prescribed in the Convention, but the general mandate for the Fisheries Commission, described above, indicates the broad scope of regulatory, control and enforcement mandate.

3. ORGANIZATION

3.1 Membership

Any State may accede to the NAFO Convention and become a member of the General Council and the Scientific Council.

Membership of the Fisheries Commission is decided by the General Council and is restricted to each Contracting Party which participates in the fisheries of the Regulatory Area, or to any Contracting Party which has provided evidence satisfactory to the General Council that it expects to participate in the fisheries of the Regulatory Area during the year of that annual meeting or during the following calendar year.

Any Contracting Parties not a member of the fisheries Commission may attend meetings as an observer.

3.2 The Fisheries Commission, General Council, Scientific Council and subsidiary bodies

3.2.1 The Fisheries Commission and Standing Committee

The Fisheries Commission is responsible for the management and conservation of the fishery resources of the Regulatory Area. The Commission adopts proposals for joint action by the Contracting Parties designed to achieve optimum utilization of the fishery resources of the Regulatory Area. In considering such proposals, the Commission takes into account any relevant information or advice provided to it by the Scientific Council. The Commission seeks to ensure consistency between:

• any proposal that applies to a stock or group of stocks occurring both within the Regulatory Area and within an area under the fisheries jurisdiction of a Coastal State, or any proposal that would have an effect through species interrelationships on a stock or group of stocks occurring in whole or in part within an area under the fisheries jurisdiction of a Coastal State; and

• any measures or decision taken by the 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 fisheries jurisdiction.

Proposals adopted by the Commission for the allocation of catches in the Regulatory Area take into account the interests of Commission members whose vessels have traditionally fished within that Area, and, in the allocation of catches from the Grand Bank and Flemish Cap, Commission members give special consideration to the Contracting Party whose coastal communities are primarily dependent on fishing 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 fisheries on these banks under an international scheme of joint enforcement,

The Commission also adopts proposals for international measures of control and enforcement within the Regulatory Area for the purpose of ensuring within the Area the application of this Convention and the measures in force thereunder.

Proposals adopted by the Commission are transmitted by the Executive Secretary to all Contracting Parties and each proposal adopted by the Commission becomes a measure binding on all Contracting Parties, unless a Commission member objects.

The Fisheries Commission has established a Standing Committee on International Control (STACTIC), whose mandate is:

• review the results of national and international measures of control;

• develop inspection methodologies;

• consider the practical problems of international measures of control;

• review reports of inspections and violations;

• promote exchanges and cooperative efforts of inspectors in international inspection; and

• make appropriate recommendations to the Fisheries Commission.

3.2.2 The General Council and Standing Committees

The General Council is responsible to supervise and coordinate the organizational, administrative, financial and other internal affairs of the Organization, including the relations among its constituent bodies and external relations of the Organization. It also reviews the membership of the Fisheries Commission and any other authority conferred upon it by the NAFO Convention. Each Contracting Party is a member and appoints to the Council up to three representatives. Two Standing Committees report to the General Council as follows.

The Standing Committee on Finance and Administration (STACFAD), which advises the General Council on:

• matters relating to the Secretariat

• the budget of the Organization

• the time and place of meetings of the Organization; and

• publications of the Organization.

The Standing Committee on Non-Contracting Party Fishing Activities (STACFAC). The duties of STACFAC are:

• to obtain and compile all available information on the fishing activities of non-Contracting Parties in the Regulatory Area, including details of the type, flag and name of vessels and reported or estimated catches by species and area;

• to obtain and compile all available information on landings, and transshipments of fish caught in the Regulatory Area by non-Contracting Parties, including details on the name and flag of the vessels; the quantities by species landed, transshipped; and the countries and ports through which the product was shipped;

• examine and assess all options to NAFO Contracting Parties including measures to control imports of fish caught by non-Contracting Party vessels in the Regulatory Area and to prevent the reflagging of fishing vessels to fish under the flags of non-Contracting Parties; and

• recommend to the General Council measures to resolve the problem.

3.2.3 The Scientific Council and Standing Committees

The Scientific Council provides a forum for consultation and cooperation among the Contracting Parties with respect to the study, appraisal and exchange of scientific information and views relating to the fisheries of the Convention Area, including environmental and ecological factors affecting these fisheries, and encourages and promotes cooperation among the Contracting Parties in scientific research designed to fill gaps in knowledge pertaining to these matters.

The Scientific Council compiles and maintains statistics and records and publishes or disseminates reports, information and materials pertaining to the fisheries of the Convention Area, including environmental and ecological factors affecting these fisheries. It also carries out the following specific functions:

Advice to Coastal States

Upon request by a coastal State, the Scientific Council considers and reports on any question pertaining to the scientific basis for the management and conservation of fishery resources in waters under the fisheries jurisdiction of that Coastal State within the Convention Area.

Advice to Fisheries Commission

The Scientific Council considers and reports on any question referred to it by the Fisheries Commission pertaining to the scientific basis for the management and conservation of fishery resources within the Regulatory Area and takes into account the terms of reference specified by the Fisheries Commission in respect of that question.

Scientific Information

The Contracting Parties furnish to the Scientific Council any available statistical and scientific information requested by the Council.

Four standing Committees report to the Scientific Council: STACFIS - fisheries science, STACPUB - publications, STACFEN - fisheries environment and STACREC - research coordination.

3.3 Administration and Finance

The principal bodies responsible for administration and finance are the General Council, as advised by the Standing Committee on Finance and Administration (STACFAD).

3.4 Observers

Participation by observers in the Fisheries Commission and General Council is governed by similar Rules of Procedure for each of those bodies.

The Executive Secretary is authorized to invite intergovernmental organizations that have regular contacts with NAFO as regard fisheries matters or whose work is of interest to NAFO or vice-versa and non-Contracting Parties identified as harvesting fishery resources in the Regulatory Area.

NGOs that support the general objectives of NAFO and with a demonstrated interest in the NAFO species should be eligible to participate in all plenary meetings of the Fisheries Commission or General Council. Their participation is subject to a request at least 100 days in advance of the meeting, and provision of specified information in the application.

The Executive Secretary, after review, notifies the Contracting Parties 90 days before the meeting, and if one or more Contracting Parties object within 30 days, the matter is put to a vote by written procedure. Applications are considered as accepted 30 days prior to the meeting.

NGOs may attend meetings, make oral statements, distribute documents and engage in other activities approved by the chair, but not vote. A fee is required, and there are other provisions regarding meeting room capacity, access to meeting documentation and compliance with rules.

Any Contracting Party that is not a Fisheries Commission member may attend meetings of the Fisheries Commission as an observer; proxy voting is allowed. There is no provision for the attendance of intergovernmental and non-governmental organizations.

4. DECISION-MAKING COMPETENCIES

4.1 Decisions of the General Council, Commission and Scientific Council

Decisions of the General Council and the Fisheries Commission are taken by a majority of the votes of all Commission members present and casting affirmative or negative votes. A vote cannot be taken unless there is a quorum of two-thirds of the Contracting Parties/ Commissioners, as appropriate.

Scientific advice to be provided by the Scientific Council pursuant to the Convention is determined by consensus. Where consensus cannot be achieved, the Council must set out in its report all views advanced on the matter under consideration.

4.2 Objection Procedure

A Commission member may object to a proposal within 60 days of the date of transmittal in the notification of the proposal, and the proposal will not become a binding measure until 40 days after the date of transmittal in the notification of objection to the Contracting Parties.

Any other Commission member may object prior to the expiration of the 40 day period, or within 30 days after the date of transmittal in the notification to the Contracting Parties of any objection presented within the additional 40 day period, whichever is later.

The proposal is then binding at the end of the objection period, except for those which have objected. But the proposal does not become a binding measure if objections have been presented and maintained by a majority of Commission members, unless members otherwise agree.

One year after the measure has entered into force, any Commission member is free to notify its intention not to be bound and the measure will cease to be binding on that member at the end of one year after notification.

4.3 Other decision mechanisms

Rules of Procedure have been adopted for the General Council, the Fisheries Commission and the Scientific Council.

5. DISPUTE SETTLEMENT

There are no formal mechanisms for dispute settlement in the Convention.

North East Atlantic Fisheries Commission (NEAFC)

1. OBJECTIVE AND FUNCTIONS

The preamble to the Convention states the Contracting Parties desire to promote the conservation and optimum utilisation of the fishery resources of the Convention area within a framework appropriate to the regime of extended coastal State jurisdiction over fisheries, and to encourage international cooperation and consultation with respect to these resources.

The Commission may adopt recommendations (subject to different decision rules governing national and high seas areas) concerning measures of control and the collection of statistical information relating to fisheries conducted beyond the national jurisdiction of member countries, and within the national jurisdiction of a contracting party when the contracting party in question specifically requests and approves the recommendation.

2. REGULATORY MEASURES

The Commission may consider the following measures in the exercise of its functions:

• the regulation of fishing gear and appliances, including the size of mesh of fishing nets;

• the regulation of the size limits of fish that may be retained on board vessels, or landed or exposed or offered for sale;

• the establishment of closed seasons and closed areas;

• the improvement and increase of fishery resources, which may include artificial propagation, the transplantation of organisms and the transplantation of young,

• the establishment of total allowable catches and their allocation to Contracting Parties;

• the regulation of the amount of fishing effort and its allocation to Contracting Parties.

The Commission may also make recommendations (by qualified majority - i.e. two-thirds of all contracting parties present and casting affirmative or negative votes) concerning measures of control relating to fisheries conducted beyond areas under the fisheries jurisdiction of Contracting Parties, or within such jurisdiction if the relevant Contracting Party so requests and there the recommendation receives its affirmative vote.

3. ORGANIZATION

3.1 Membership

Any State may accede to the Convention, except a member State of the European Economic Community, provided that an application for accession of that State is approved by three-fourths of the Contracting Parties.

The Convention provides that the Contracting Parties may invite the attention of any State not a Party to this Convention to any matter relating to the fishing activities in the Regulatory Area of the nationals or vessels of that State which appear to affect adversely the attainment of the objectives of this Convention.

3.2 The Commission and subsidiary bodies

The main objectives of the Commission are to provide a forum for Consultation and exchange of information on the state of fisheries resources in the Northeast Atlantic and on related management policies to ensure the conservation and optimum utilization of such resources, and to recommend conservation measures in waters outside national jurisdiction. The Commission is empowered to recommend measures applicable to the high seas concerning (i) the conduct of fisheries (ii) the control of fisheries and (iii) the collection of statistical information. In recent years, NEAFC has agreed on measures such as setting total allowable catches for certain species and establishing minimum fish sizes and mesh sizes. The recommendations formulated by NEAFC are subject to the objection procedure.

NEAFC is advised by the ICES Advisory Committee on Fishery Management.

The Commission has established a Permanent Committee on Control and Enforcement (PECCOE), with the following functions:

• providing the Commission with information, technical advice and proposals relating to the implementation of, and compliance with, recommendations and measures established under the Convention;

• monitoring and reviewing the implementation of the Scheme of Control and Enforcement in respect of fishing vessels fishing in areas beyond the limits of national fisheries’ jurisdiction in the Convention Area;

• monitoring and reviewing the operation of the Scheme to Promote Compliance by non-Contracting Party Vessels with Recommendations established by NEAFC.

There are also a Finance and Administration Committee and Working Groups on Blue Whiting, the Future of NEAFC and an ad hoc working group of Experts on Computerisation.

3.3 Administration and Finance

The Finance and Administration Committee advises on overall administration of the work of the Commission and secretariat, including the establishment of Staff Rules, Standing Financial Instructions and an Audit Committee.

3.4 Observers

The Secretary is authorised to invite intergovernmental organizations that have regular contacts with NAFO as regard fisheries matters or whose work is of interest to NAFO or vice-versa and non-Contracting Parties identified as harvesting fishery resources in the Regulatory Area.

NGOs that support the general objectives of NAFO and with a demonstrated interest in the NAFO species should be eligible to participate in all plenary meetings of the Fisheries Commission or General Council. Their participation is subject to a request at least 100 days in advance of the meeting, and provision of specified information in the application.

The Executive Secretary, after review, notifies the Countracting Parties 90 days before the meeting, and if one or more Contracting Parties object within 30 days, the matter is put to a vote by written procedure. Applications are considered as accepted 30 days prior to the meeting.

NGOs may attend meetings, make oral statements, distribute documents and engage in other activities approved by the chair, but not vote. A fee is required, and there are other provisions regarding meeting room capacity, access to meeting documentation and compliance with rules.

4. DECISION-MAKING COMPETENCIES

4.1 Decisions of the Commission

Each member has one vote in the Commission. Decisions are made by a simple majority, or, if a qualified majority is specifically required, by a two-thirds majority of the votes of all Contracting Parties present and casting affirmative or negative votes. No vote can be taken unless there is a quorum of at least two-thirds of the Contracting Parties. If there is an even split of votes on any matter that is subject to a simple majority decision, the proposal is rejected.

A vote may in an emergency be taken by post or other means of written communication, and the Rules of Procedure provide the procedures for this.

4.2 Objection Procedure

A recommendation becomes binding on a date determined by the Commission, not less than 30 days after the expiration of the objection period(s). Any Contracting Party may object to a recommendation within 50 days of the date of notification of a recommendation. In the event of an objection, any other Contracting Party may also object within 40 days of receiving notification of the objection. If any further objection is made within this 40 day period, other Contracting Parties are allowed a further 40 days to object to the recommendation after receiving notification of the objection.

A recommendation is not binding on a Contracting Party that has objected to it. If three or more Contracting Parties object to a recommendation it does not become binding on any Contracting Party.

4.3 Other decision mechanisms

Rules of Procedure have been adopted for the Commission and the Finance and Administration Committee.

5. DISPUTE SETTLEMENT

There are no mechanisms for resolving differences between Contracting Parties. The Working Group on the Future of NEAFC is considering the issue of dispute settlement.

South East Atlantic Fisheries Organization (SEAFO)

1. OBJECTIVE AND FUNCTIONS

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

In support of this objective, the Convention establishes general principles by requiring the Contracting Parties, in giving effect to the objective of the Convention, where appropriate through the Organization, to:

• adopt measures, based on the best scientific evidence available, to ensure the long term conservation and sustainable use of the fishery resources to which the Convention applies;

• apply the precautionary approach in accordance with the Convention;

• apply the provisions of the Convention relating to fishery resources, taking due account of the impact of fishing operations on ecologically related species such as seabirds, cetaceans, seals and marine turtles;

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

• ensure that fishery practices and management measures take due account of the need to minimize harmful impacts on living marine resources as a whole; and

• protect biodiversity in the marine environment.

2. REGULATORY MEASURES

The measures to be adopted by the Commission may include the following:

• the quantity of any species which may be caught;

• the areas and periods in which fishing may occur;

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

• the fishing gear and technology which may be used;

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

• the designation of regions and sub-regions;

• other measures regulating fisheries with the objective of protecting any species; and

• other measures the Commission considers necessary to meet the objective of the Convention.

Related to these are the contracting party obligations (including to ensure that its nationals fishing in the Convention Area and its industries comply with the Convention, to cooperate to achieve compatible measures in respect of stocks occurring in the Convention Area and areas under national jurisdiction and to request non-Parties to cooperate fully with the Organization), flag State duties and Port State duties and measures taken by a Port State.

Guidelines for determining participatory rights in fishing opportunities are also provided.

3. ORGANIZATION

3.1 Membership

The Convention is open for accession by Coastal States, and by all other States and regional economic integration organizations whose vessels fish or have fished in the Convention Area for fishery resources covered by the Convention in the four years preceding the adoption of the Convention.

3.2 The Commission, subsidiary bodies

3.2.1 The Commission

The functions of the Commission are to:

• identify conservation and management needs;

• formulate and adopt conservation and management measures;

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

• determine the nature and extent of participation in fishing;

• keep under review the status of stocks and gather, analyse and disseminate relevant information on stocks;

• encourage, promote and, where appropriate by agreement, coordinate scientific research on fishery resources within the Convention Area and in adjacent waters under national jurisdiction;

• manage stocks on the basis of the precautionary approach to be developed in accordance the Convention;

• establish appropriate cooperative mechanisms for effective monitoring, control, surveillance and enforcement;

• adopt measures concerning control and enforcement within the Convention Area;

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

• develop rules for the collection, submission, verification of, access to and use of data;

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

• direct the Compliance and Scientific Committees, other subsidiary bodies, and the Secretariat;

• approve the budget of the Organization; and

• carry out such other activities as may be necessary to fulfill its functions.

The Commission is required to apply the precautionary approach widely to conservation and management and exploitation of fishery resources in order to protect those resources and preserve the marine environment. The Convention requires it to be more cautious when information is uncertain, unreliable or inadequate, and not to use the absence of adequate scientific information as a reason for postponing or failing to take conservation and management measures.

Decisions of the Commission on matters of substance are to be taken by consensus of the Contracting parties, and the question of whether a matter is one of substance will be treated as a matter of substance. Decisions on other matters are to be taken by a simple majority of Contracting Parties present and voting. In the taking of decisions, a regional economic integration organization will have only one vote.

3.2.2 The Compliance Committee

The Convention provides that the functions of the Compliance Committee are to provide the Commission with information, advice and recommendations on the implementation of, and compliance with, conservation and management measures. However the Commission has authority to decide otherwise.

In performing its functions, the Compliance Committee is to conduct activities as the Commission may direct and must:

• coordinate compliance activities undertaken by or on behalf of the Organization;

• coordinate with the Scientific Committee on matters of common concern; and

• perform such other tasks as directed by the Commission.

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

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

3.2.3 The Scientific Committee

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

In performing its functions, the Scientific Committee is to conduct such activities as the Commission may direct and must:

• consult, cooperate and encourage the collection, study and exchange of information relevant to the living marine resources of the Convention Area;

• establish criteria and methods to be used in determining conservation and management measures;

• assess the status and trends of relevant populations of living marine resources;

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

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

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

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

The Scientific Committee is to adopt, and amend as necessary, rules of procedure for the conduct of its meetings and the exercise of its functions, which must be approved by the Commission. The rules must include procedures for the presentation of minority reports.

The Scientific Committee may establish, with the approval of the Commission, such subsidiary bodies as are necessary for the performance of its functions, and may seek expert advice as required on an ad hoc basis.

3.2.4 System of observation, inspection, compliance and enforcement

The Contracting Parties, through the Commission, must establish a system of observation, inspection, compliance and enforcement (“the System”) to strengthen the effective exercise of flag State responsibility by Contracting Parties for fishing vessels and fishing research vessels flying their flags in the Convention Area. The major purpose of the System is to ensure that Contracting Parties effectively discharge their obligations under this Convention and, where applicable, under the Fish Stocks Agreement, in order to ensure compliance with the conservation and management measures agreed by the Commission.

To guide the Commission in its decision-making in establishing the System, the Convention sets out principles and requires the System to comprise certain elements, including measures, programmes and procedures as follows. They will all be subject to the Commission’s decision-making process.

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

• an inspection programme, both at sea and in port, including procedures for boarding and inspection of vessels, on a reciprocal basis;

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

• procedures for the follow-up on infringements detected under the System, including standards of investigation, reporting procedures, notification of proceedings and sanctions, and other enforcement actions.

Interim arrangements in the Annex to the Convention will apply upon entry into force of the Convention and remain in force until the System is established or the Commission decides otherwise. If the System is not established within two years of entry into force, the Commission is to give urgent consideration to adopting boarding and inspection procedures, at the request of any Contracting Party.

3.3 Administration and Finance

The Commission is to determine the size of the Organization’s budget, giving due consideration to the principle of cost effectiveness. The draft budget is to be prepared by the Executive Secretary, and the financial activities of the Organization are to be conducted in accordance with Financial Regulations adopted by the Commission.

3.4 Observers

The Commission must adopt rules of procedure to govern the participation of representatives from non-Parties, inter-governmental organizations and non-governmental organizations concerned with the stocks found in the Convention Area as observers at meetings of the Commission. The Commission must also adopt rules to provide for transparency in the activities of the Organization. The rules are not to be unduly restrictive in this respect and must provide for timely access to records and reports of the Organization, subject to the procedural rules on access to them.

4. DECISION-MAKING COMPETENCIES

4.1 Decisions of the Commission

Decisions of the Commission on matters of substance shall be taken by consensus. The question of whether a matter is one of substance shall be treated as a matter of substance. Decisions on matters other than these shall be taken by a simple majority of the members present and voting.

4.2 Objection Procedure

The conservation and management measure become binding upon all Contracting Parties 60 days after notification by the Secretariat of the measure’s adoption by the Commission, unless otherwise specified in the measure.

If a Contracting Party notifies the Commission it is unable to accept a measure within 60 days following notification, the measure will not be binding on that Party to the extent stated. However, the conservation measure shall remain binding on all other Contracting Parties unless the Commission decides otherwise.

A Contracting Party which notifies its non-acceptance must provide a written explanation of its reasons, and as appropriate its proposals for alternative measures which it will implement. The explanation is to specify inter alia whether the basis for the notification is that:

• the Contracting Party considers that the measure is inconsistent with the provisions of the Convention;

• the Contracting Party cannot practicably comply with the measure;

• the measure unjustifiably discriminates in form or fact against the Contracting Party; or

• other special circumstances apply.

Once a Contracting Party notifies its non-acceptance, the Commission must meet at the request of any other Contracting Party to review the measure. At the time of the meeting and within 30 days following the meeting, any Contracting Party has the right to notify the Commission that it is no longer able to accept the measure, in which case that Contracting Party is no longer bound by the measure.

Pending the conclusions of a review meeting, any Contracting Party may request an ad hoc expert panel established in accordance with Article 24 to make recommendations on any interim measures following the notification of non-acceptance which may be necessary in respect of the measure to be reviewed. Subject to commencement of dispute settlement procedures, the interim measures will be binding on all Contracting Parties if all Contracting Parties (other than those who have indicated that they are unable to accept the measure, agree that the long term sustainability of the stocks covered by this Convention will be undermined in the absence of such measures.

Any Contracting Party may at any time withdraw its notification of non-acceptance and become bound by the measure immediately if it is already in effect or when it comes into effect.

4.3 Other decision mechanisms

Rules of Procedure: The Commission will adopt its own Rules of Procedure and approve Rules of Procedure of the Compliance and Scientific Committees and any other subsidiary bodies.

5. DISPUTE SETTLEMENT

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

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

Where a dispute is not referred for settlement within a reasonable time of the consultations, or is not resolved by recourse to other means referred to by the Convention a reasonable time, at the request of any party to the dispute, it must be submitted for binding decision in accordance with the 1982 Convention or, where the dispute concerns one or more straddling stocks, in accordance with the Fish Stocks Agreement (whether or not the Parties to the dispute are also State Parties to these instruments).

Species

Indian Ocean Tuna Commission (IOTC)

1. OBJECTIVE AND FUNCTIONS

The objective of the Commission is to promote co-operation among its Members with a view to ensuring, through appropriate management, the conservation and optimum utilization of stocks covered by the Agreement and encouraging sustainable development of fisheries based on such stocks.

2. REGULATORY MEASURES

Regulatory measures guiding the Commission’s work are not provided in the Agreement.

3. ORGANIZATION

3.1 Membership

The Agreement was adopted by the FAO Council under Article XIV of the FAO Constitution. As such, membership in the Commission is open to Members and Associate Members of FAO that are 1) coastal States or Associate Members situated wholly or partly within the Area, 2) States or Associate Members whose vessels engage in fishing in the Area for stocks covered by this Agreement; or 3) regional economic integration organizations of which any such State is a member and to which that State has transferred competence over matters within the purview of this Agreement.

The Commission may, by a two-third majority of its members, admit other States which are Members of the United Nations or of any of its Specialized Agencies or the International Atomic Energy Agency provided that they are coastal States situated wholly or partly within the area or States whose vessels engage in fishing in the area for stocks covered by the Agreement.

3.2 The Commission and subsidiary bodies

The Commission has established a permanent Scientific Committee, which advises the Commission on all scientific matters, including the status of stocks, management options and research coordination. Working parties have been established on 1) Data collection and statistics, 2) Tropical Tunas, 3) Neritic Tunas and Billfishes, 4) Tagging, 5) Methods and 6) Temperate Tunas (future). The working Parties whose role is limited to stock assessment may produce management options but they are not expected to advise the Commission on the best one to adopt.

The Agreement also allows for the establishment of Sub-Commissions to reflect the different stocks, if require. None have been established to date.

3.3 Administration and Finance

The Commission is served by a professional Secretariat, which is appointed under the terms and conditions of FAO staff. Financial management is subject to the Financial Regulations of the Commission.

3.4 Observers

Any Member or Associate Member of FAO that is not a Member of the Commission may, upon its request, be invited to be represented by an observer at sessions of the Commission. It may submit memoranda and participate without vote in the discussions. States which, while not Members of the Commission nor Members or Associate Members of FAO, are Members of the United Nations, any of its Specialized Agencies or the International Atomic Energy Agency may, upon request and subject to the concurrence of the Commission and to the provisions relating to the granting of observer status to nations adopted by the Conference of FAO, be invited to attend sessions of the Commission as observers.

The Commission may also invite intergovernmental or, on request, non-governmental organizations having special competence in the field of activity of the Commission to attend such of its meetings as the Commission may specify.

4. DECISION-MAKING COMPETENCIES

4.1 Decisions of the Commission

Decisions of the Commission are taken by a majority of the Contracting Parties, each Contracting Party having one vote. A majority of the Contracting Parties constitutes a quorum. Conservation and management measures that are binding on Members of the Commission must be adopted by a two-thirds majority of Members present and voting. Recommendations concerning conservation and management of the stocks for furthering the objectives of the Agreement need only be adopted by a simple majority of Members present and voting.

4.2 Objection Procedure

Any Member of the Commission may object to a conservation and management measure within 120 days from the date of notification by the Commission. If an objection is lodged, any other Member may also object to the measure within 60 days after the initial 120-day objection period has passed. A Member of the Commission that has objected to a measure is not bound by that measure. Members that have objected to a measure can withdraw their objection at any time. They then become bound by the measure. If more than one third of Members object to a measure, none of the Members are bound by that measure. Members may, however, still give effect to the measure if they wish.

4.3 Other decision mechanisms

Rules of Procedures: The Commission may adopt and amend, as required, its own Rules of Procedure and Financial Regulations by a two-thirds majority of its Members, which Rules shall not be inconsistent with the Agreement or with the Constitution of FAO.

5. DISPUTE SETTLEMENT

Any dispute regarding the interpretation or application of the Agreement, if not settled by the Commission, shall be referred for settlement to a conciliation procedure to be adopted by the Commission. The results of such conciliation procedure, while not binding in character, shall become the basis for renewed consideration by the parties concerned of the matter out of which the disagreement arose. If as the result of this procedure the dispute is not settled, it may be referred to the International Court of Justice in accordance with the Statute of the International Court of Justice, unless the parties to the dispute agree to another method of settlement.

Inter-American Tropical Tuna Commission (IATTC)

1. OBJECTIVE AND FUNCTIONS

The main objectives of the Convention are to maintain the populations of yellowfin and skipjack tuna and other kinds of fish taken by tuna fishing vessels in the eastern Pacific and to cooperate in the gathering and interpretation of factual information to facilitate maintaining the populations of these fishes at a level which permits maximum sustainable catches year after year.

The functions of the Commission include inter alia:

• to gather and interpret information on tuna;

• to conduct scientific investigation concerning the abundance, biology, biometry, and ecology of yellowfin and skipjack tuna in the Convention Area, and to recommend proposals for joint action for conservation.

2. REGULATORY MEASURES

Decisions on the types of conservation measures that the Commission may make are not specified in the Convention. However, the Commission has previously set catch quotas within the CYRA (Commission Yellowfin Regulatory Area), although these have not been implemented since 1979. Most decisions of the Commission are notified as Resolutions, which in recent years have included resolutions on:

• dolphin conservation, studies;

• fish aggregating devices;

• compliance;

• regional vessel register;

• fleet capacity;

• at-sea reporting;

• bigeye tuna, yellowfin tuna;

• bycatch;

• finance;

• fishing by non-party vessels;

• dolphin safe tuna certification procedures;

• revised Tuna Tracking and Verification System.

3. ORGANIZATION

3.1 Membership

The Convention was originally established by the High Contracting Parties, which were Costa Rica and USA. Any government, whose nationals participate in the fisheries covered by the Convention, may adhere to the Convention.

3.2 The Commission and subsidiary bodies

3.2.1 The Commission

The Commission is composed of national sections, each consisting of from one to four members, appointed by Governments of the Contracting Parties. Each national section has one vote, and decisions, resolutions, recommendations and publications of the Commission are to be made only by a unanimous vote. Votes may be taken by show of hands or by roll call, as the Chair determines. Between meetings, in case of an emergency, a vote may be obtained by mail or other means of communication.

The Commission has regulatory powers and catch quotas for yellowfin tuna have been set by the Commission since 1962. Since 1976, the Commission has implemented a programme on tuna dolphin relationship and since 1992 it has developed an International Dolphin Conservation Programme aiming at progressively reducing dolphin mortality in tuna fishing. The Commission also serves as the Secretariat for the Agreement on the International Dolphin Conservation Program, whose principal objective is to reduce and strictly regulate accidental dolphin mortality which occurs in the purse seine fisheries for tuna.

The Convention requires the Commission to perform the following functions and duties:

• make investigations concerning the abundance, biology, biometry and ecology of yellowfin and skipjack tuna in the waters of the eastern Pacific Ocean fished by the nationals of the Contracting Parties, and the kinds of fishes commonly used as bait in the tuna fisheries, and of other kinds of fish taken by tuna fishing vessels; and the effects of natural factors and human activities on the abundance of the populations of fishes supporting all these fisheries;

• collect and analyse information relating to current and past conditions and trends of the populations of fishes covered by the Convention;

• study and appraise information concerning methods and procedures for maintaining and increasing the populations of fishes covered by the Convention;

• conduct such fishing and other activities on the high seas and in waters which are under the jurisdiction of the Contracting Parties as may be necessary to attend the ends of the previous activities;

• recommend on the basis of scientific investigations proposals for joint action by the Contracting Parties designed to keep the populations of fishes covered by the Convention at levels of abundance which will permit maximum sustained catch.

• collect statistics and reports concerning catches and the operations of fishing boats, and other information concerning fishing for fishes covered by the Convention, from vessels or persons engaged in the fisheries;

• publish or otherwise disseminate reports relative to the results of its findings and other reports as fall within the scope of the Convention, as well as scientific, statistical and other data relating to the fisheries maintained by the nationals of the Contracting Parties for the fishes covered by the Convention.

Each Contracting Party may establish an Advisory Committee for its National Section, to be composed of persons who must be well informed concerning tuna fishery problems of common concern. The Advisory Committee may attend non-executive sessions of the Commission and address the sessions at the discretion of the Chair.

The work of the staff in carrying out the Commission’s functions and duties is divided into two programs, the Tuna-Billfish Program and the Tuna-Dolphin Program.

The principal responsibilities of the Tuna-Billfish Program are to:

• study the biology of the tunas and related species of the eastern Pacific Ocean with a view to determining the effects that fishing and natural factors have on their abundance;

• recommend appropriate conservation measures so that the stocks of fish can be maintained at levels which afford maximum sustainable catches;

• collect information on compliance with Commission resolutions.

The principal responsibilities of the Tuna-Dolphin Program are to:

• monitor the abundance of dolphins and their mortality incidental to purse-seine fishing in the eastern Pacific Ocean;

• study the causes of mortality of dolphins during fishing operations and promote the use of fishing techniques and equipment which minimize these mortalities;

• study the effects of different modes of fishing on the various fish and other animals of the pelagic ecosystem; and

• provide a secretariat for the International Dolphin Conservation Program (IDCP).^[199]

3.2.2 Permanent Working Group on Compliance

Each Party of the IATTC is a member of the Permanent Working Group on Compliance, which has the following functions:

• to review and monitor compliance with conservation and management measures adopted by the IATTC;

• to recommend to the IATTC means of promoting compatibility among the national fisheries management measures of the members, including infractions and sanctions;

• to recommend to the IATTC appropriate measures for addressing matters related to compliance with fisheries management measures;

• analyse information by flag and, as necessary, by vessel, and other information necessary to carry out its functions; and

• to report results of its work to the IATTC, which will in turn inform the members and non-members.

The Working Group must adopt its report and recommendations by consensus through a vote of its governmental members present and voting, and any recommendations it makes must be considered by the IATTC. The quorum for a meeting is two-thirds of the government members.

Where there is urgency, the Working group may take decisions by correspondence through a vote of the government members under specified procedures.

There are no restrictions on the number of persons a government member may include in its delegation. Observers from intergovernmental and non-governmental organizations are limited to two delegates but may bring more with the approval by consensus of the government members. If a consensus is not possible the matter may be decided by a two-thirds majority of the government members.

3.2.3 Working Group on Fishing by Non-Parties

One of the main responsibilities of the Working Group on Fishing by non-parties is to assess the extent and impact of IUU fishing in the area of the Agreement.

3.2.4 Administration and Finance

The Commission appoints a Director of Investigations who is responsible for 1) the drafting of programs of investigations, and the preparation of budget estimates for the Commission, 2) authorizing the disbursement of the funds for the joint expenses of the Commission, 3) the accounting of the funds for the joint expenses of the Commission, 4) the appointment and immediate direction of technical and other personnel required for the functions of the Commission, 5) arrangements for the co-operation with other organizations, 6) the drafting of administrative, scientific and other reports for the Commission.

3.3 Observers

Observers may attend regular and special meetings of the Commission. Invitations will be sent to:

• non-member States with coastlines bordering the Convention Area, or whose national participate in the fisheries covered by the Convention; and

• intergovernmental organizations which have regular contact with the IATTC, or whose work is of interest to the IATTC, and vice versa;

Other organizations with a legitimate interest in the work of the Commission may send observers to the meetings, subject to prior approval by the member countries. Requests for invitations are to be made at least 120 days prior to a meeting. Providing no IATTC member has objected in writing, with reasons, invitations are to be made 60 days prior to the meeting. Any objection is to be discussed at an executive session of the Commission immediately prior to the meeting.

Observers may take the floor at Commission meetings with the Chair’s authorization, providing no member objects. The Chair must give prior approval for circulation of documents, and the overall number of observers must not be so large as to hinder the work of the Commission.

The Rules of Procedure of the Permanent Working Group on Compliance provide that the following may participate as observers: representatives of non-Parties, pertinent intergovernmental organizations, non-governmental environmental organizations with recognized experience in matters pertaining to the Working Group, and owners of tuna vessels fishing in the eastern Pacific Ocean under the jurisdiction of any of the Parties. All participants in the Permanent Working Group have speaking rights, but only government members have voting rights.

4. DECISION-MAKING COMPETENCIES

4.1 Decisions of the Commission

Each national section shall have the right to one vote. The decisions, resolutions, recommendations and publications of the Commission must be approved by a unanimous vote.

4.2 Objection Procedure

All decisions and resolutions are taken by unanimous approval through votes of all members. This prevents the occurrence of disputes and objections.

4.3 Other decision mechanisms

Rules of Procedure have been adopted for the IATTC (1952, as amended) and the Permanent Working Group on Compliance (2000). Financial Regulations were adopted in 1982 and have subsequently been amended.

5. DISPUTE SETTLEMENT

There is no formal mechanism for the settlement of disputes.

International Convention for the Conservation of Atlantic Tunas (ICCAT)

1. OBJECTIVE AND FUNCTIONS

The main objective of the Convention is to maintain the populations of tuna and tuna-like species found in the Atlantic at levels which permit the maximum sustainable catch for food and other purposes. The Commission's functions inter alia include: (i) to study the populations of tuna and tuna-like fishes, (ii) to collect and analyse statistical information relating to the current conditions and trends of the tuna fishery resources of the Convention Area, and (iii) recommend studies and investigations to the Contracting Parties.

2. REGULATORY MEASURES

The Commission has no regulatory powers, but makes regulatory recommendations to be implemented by Contracting Parties. ICCAT has recommended a number of measures on catch quotas, minimum weight of fish and limitation of incidental catches, as well as IUU fishing. The number of Resolutions and Recommendations that the Commission adopts each year has been increasing.

3. ORGANIZATION

3.1 Membership

Membership of ICCAT is open to any State which is a member of the United Nations or of any Specialized Agency of the United Nations, and intergovernmental economic integration organizations constituted by States that have transferred to its competence over the matters governed by the convention

3.2 The Commission and subsidiary bodies

The Commission is responsible for the study of the populations of tuna and tuna-like fishes and such other species of fishes exploited in tuna fishing in the Convention areas as are not under investigation by another international fishery organization. The Convention describes what the research may include and where information and technical services can be sourced. The Commission, in carrying out its responsibilities, has the responsibilities of:

• collecting and analyzing statistical information relating to the current conditions and trends of the tuna fishery resources of the Convention area;

• studying and appraising information concerning measures and methods to ensure maintenance of the populations of tuna and tuna-like fishes in the Convention area at levels which will permit the maximum sustainable catch and which will ensure the effective exploitation of these fishes in a manner consistent with this catch;

• recommending studies and investigations to the Contracting Parties;

• publishing and otherwise disseminating reports of its findings and statistical, biological and other scientific information relative to the tuna fisheries of the Convention area.

In accordance with the Convention, the Commission holds a regular meeting every other year and a special meeting in alternate years. The Commission can, on the basis of scientific evidence and of other relevant information, recommend management measures and Resolutions aimed carrying out its objective of maintaining the populations of tuna and tuna-like fishes at "levels which will permit maximum sustainable catch".

Normally, recommendations and resolutions are drafted by already-established auxiliary bodies (such as the Panels, or the Compliance Committee, described below), and are presented to the Commission, the ultimate decision maker.

A Council within the Commission is established by the ICCAT Convention charged with, inter alia, taking decisions on matters relating to staff duties and instructing the Executive Secretary between Commission meetings. It consists of the Chairman and the Vice-Chairman of the Commission together with the representatives of not less than four and not more than eight Contracting Parties. The Council is to perform functions assigned to it by the Convention or designated by the Commission, and must meet at least once in the interim between regular meetings of the Commission. The Rules of Procedure of the Commission apply to the Council, but may be supplemented by the Council subject to confirmation by the Commission.

The Commission has established Panels that review research results and draft management measures for the Commission’s consideration. Currently, there are panels on: Tropical Tunas (yellowfin, skipjack and bigeye); Northern Temperate Tunas (albacore and bluefin); Southern Temperate Tunas (albacore and southern bluefin); and Swordfish, Billfishes and Small Tunas.

The Standing Committee on Finance and Administration (STACFAD): Advises on Secretariat, budget, meetings and publications matters.

The Permanent Working Group on ICCAT Statistics and Conservation Measures (PWG): reviews compliance by non-contracting parties.

The Compliance Committee reviews compliance by contracting parties.

The Standing Committee on Research and Statistics (SCRS), the scientific branch, prepares scientific advice to the Commission. It coordinates and executes all matters related to monitoring and assessment. The following groups provide input to the SCRS:

• Species Groups - Assess individual stocks and provide advice to the Panels

• Subcommittee on Statistics - Quality control and policy for fishery statistics

• Subcommittee on the Environment - Studies the effects of the environment

• Subcommittee on Bycatch - Reviews data collection for by-catches (e.g. sharks)

• Miscellaneous SCRS Groups:

- Cooperative Billfish Tagging Program - Coordinates tagging of billfishes

- Bluefin Year Program - Coordinates research on Atlantic bluefin

- Bigeye Year Program - Coordinates research on bigeye tuna

- Methods Working Group - Evaluates assessment methods

- Ad Hoc Working Group on the Precautionary Approach: Examines the implications of the Precautionary Approach for ICCAT stocks

- Ad Hoc Working Group on SCRS Organization: Advises on ways to improve the efficiency of the SCRS

Two Special Working Groups have been formed: The Working Group on Allocation Criteria develops criteria for the allocation of allowable catches among contracting parties; and the Working Group to Develop Integrated Monitoring Measures develops integrated monitoring measures to improve the collection of statistics and compliance with management

3.3 Administration and Finance

The Executive Secretary, subject to rules and procedures determined by the Commission, has authority with respect to the selection and administration of the staff of the Commission, and also has the following principal functions:

• coordinating the programmes of investigation by the Contracting Parties;

• preparing budget estimates for review by the Commission;

• authorizing the disbursement of funds in accordance with the Commission's budget;

• accounting for the funds of the Commission;

• arranging for co-operation with other organizations;

• preparing the collection and analysis of data necessary to accomplish the purposes of the Convention; and

• preparing for approval by the Commission scientific, administrative and other reports of the Commission and its subsidiary bodies.

As noted above, the Standing Committee on Finance and Administration advises the Commission on matters relating to the Secretariat, budget, meetings and publications. The Commission has adopted financial regulations.

The Convention defines the procedures to calculate the country contributions to finance the Commission’s budget. There is a proposed new calculation scheme that requires amendment of the Convention and a Protocol to this effect was signed in Madrid in May, 1992. This Protocol will enter into effect when all the Contracting Parties in Group A ratify or accept it and when two-thirds of the remainder of the Contracting Parties ratify or accept it.

The financial period of the Commission is the two calendar years following the date of its regular meeting (regular meetings take place every other year). Budget estimates are submitted to the Contracting Parties not less than 60 days prior to the opening of the regular meeting. Funding of the budget is by annual financial contributions made by the members of the Commission, and are payable in Euros or United States Dollars. The total budget approved by the Commission is available on the ICCAT website.^[200]

3.4 Observers

Observers are addressed in Article XI of the ICCAT Convention, which records the Contracting Parties’ agreement that there should be a working relationship between the Commission and FAO, and cooperation between the Commission and other international fisheries commissions and scientific organizations which might contribute to the work of the Commission. Agreements between ICCAT and FAO would provide for this. The Commission has discretion to invite any appropriate international organization and any Government which is a Member of the UN or of any Specialized Agency and not a member of the Commission to send observers to meetings of the Commission and its subsidiary bodies.

In addition, guidelines and criteria for granting observer status at ICCAT meetings were adopted by the Commission in 1998. These require the Executive Secretary to invite the following to ICCAT Meetings in accordance with the Convention:

• FAO;

• intergovernmental economic integration organizations;

• intergovernmental organizations;

• non-contracting countries with coastlines bordering the Convention Area or non-contracting parties; entities or fishing entities identified as harvesting tunas or tuna-like species in the Convention Area.

All NGOs which support ICCAT objectives and have a demonstrated interest in the relevant species are eligible to participate in all meetings of the Organization and its subsidiary bodies, except extraordinary meetings held in executive sessions or meetings of Heads of Delegations.

Any NGO desiring to participate as an observer must notify the Secretariat at least 50 days in advance, with specified information. The Executive Secretary must notify the Contracting Parties at least 45 days before the meeting, with all information. Applications will be considered accepted unless one-third of Contracting Parties object in writing at least 30 days prior to the meeting.

NGO observers may attend meetings, but not vote, make oral statements by invitation of the presiding officer, distribute documents through the Secretariat and engage in other activities approved by the presiding officer.

The Executive Secretary will determine whether a limited number of observers per NGO may be present due to conference room capacity, and transmit such determination in the conditions of participation.

Observers must pay a fee and will receive the same documentation generally available to Contracting Parties except those deemed confidential by the Parties.

Observers must comply with applicable rules and procedures or be subject to withdrawal of accreditation.

4. DECISION-MAKING COMPETENCIES

4.1 Decisions of the Commission

According to ICCAT Rules of Procedure, decisions of the Commission are to be taken by a majority of the members.^[201] Two-thirds of the Contracting Parties constitutes a quorum. Votes may be taken by show of hands, roll call or secret ballots and in cases of necessity between meetings by mail or other means of communication. Voting rights may be suspended if the member is in arrears in an amount that equals or exceeds the contributions due for the previous two years.

The Rules of Procedure applicable to the conduct of the business of the Commission are also applicable to Committees and panels, and may be supplemented by additional rules or by-laws as appropriate.

4.2 Objection Procedure

Recommendations of the Commission are effective for all Contracting Parties six months after the date of the notification from the Commission transmitting the recommendation to the Contracting Parties, unless there is an objection.

If any Contracting Party in the case of a recommendation made by the Commission on its initiative, or any Contracting Party member of a Panel in the case of a recommendation made on the proposal of a Panel, objects to a recommendation within the six months, the recommendation does not become effective for an additional sixty days.

Any other Contracting Party may present an objection prior to the expiration of the additional sixty days period, or within forty-five days of the date of the notification of an objection made by another Contracting Party within the sixty days, whichever is later.

The recommendation becomes effective at the end of the extended period or periods for objection, except for those Contracting Parties that have presented an objection.

However, if a recommendation has met with an objection presented by only one or less than one-fourth of the Contracting Parties, the objection has no effect. In this case, the Contracting Party or Parties concerned have an additional period of sixty days to reaffirm their objection. On the expiry of this period the recommendation shall become effective, except with respect to any Contracting Party having presented an objection and reaffirmed it within the delay provided for.

If a recommendation has met with objection from more than one-fourth but less than the majority of the Contracting Parties the recommendation becomes effective for the Contracting Parties that have not objected.

If objections have been presented by a majority of the Contracting Parties the recommendation does not become effective.

Any Contracting Party objecting to a recommendation may at any time withdraw that objection.

5. DISPUTE SETTLEMENT

There are no dispute settlement procedures in the ICCAT Convention.

North Atlantic Salmon Conservation Organization (NASCO)

1. OBJECTIVE AND FUNCTIONS

The objective of NASCO is to contribute to the conservation, restoration, enhancement and rational management of salmon stocks in the North Atlantic Ocean. The broader aspects of NASCO’s work include habitat protection and restoration and the impacts of aquaculture.

The functions of the Council include providing a forum for study, analysis and exchange of information concerning the salmon stocks subject to the Convention, consultation and cooperation in relation to the salmon stocks in the North Atlantic beyond Commission Areas, facilitating coordination of the Commissions’ activities and establishing working arrangements with ICES and other organizations, and make recommendations to the Parties, ICES and others regarding scientific research to be undertaken.

The functions of the North American Commission vary slightly from those of the West Greenland Commission and North-East Atlantic Commission, but each is empowered to provide for a for consultation and cooperation on salmon stocks; to propose regulatory measures for fishing in the fishery zones of members for salmon originating in the rivers of other Parties; and to make recommendations to the Council on scientific research. The North American Commission has a more detailed mandate which requires each member to take measures to minimise by-catch of salmon originating in the rivers of the other member. It also requires that fishing patterns in salmon fisheries should not be altered in a manner that results in initiation of fishing or increases in catches of salmon originating in the rivers of another Party without the consent of that Party.

2. REGULATORY MEASURES

Regulatory measures have been agreed by the regional Commissions of NASCO in most years since the Organization’s establishment. The Council has also adopted agreements, guidelines, resolutions and protocols, including the following.

• Resolution to Minimize Impacts from Salmon Aquaculture on the Wild Salmon Stocks;

• Agreement on Adoption of a Precautionary Approach;

• Resolution on Fishing for Salmon on the High Seas;

• Resolution Concerning Scientific Research Fishing;

• Minimum Standard for Catch Statistics;

• Guidelines for Action on Transgenic Salmon;

• Decision structure to Aid the Council and Commissions of NASCO and the Relevant Authorities in implementing the Precautionary Approach to Management of North Atlantic Fisheries;

• NASCO Plan of Action for the Application of the Precautionary Approach to the Protection and Restoration of Atlantic Salmon Habitat;

• Guidelines on Containment of Farm Salmon; and

• Agreements in relation to introductions and transfers, and other issues.

3. ORGANIZATION

3.1 Membership

Membership is open to any State may accede that exercises fisheries jurisdiction in the North Atlantic Ocean or is a State of origin for salmon stocks provided it is approved by the Council.

3.2 The Commission and subsidiary bodies

The Council is made up of representatives of all the Parties to the Convention. The members of the three Commissions are:

• North American Commission - Canada, the United States of America.

• West Greenland Commission - Canada, Denmark (in respect of the Faroe Islands and Greenland), the European Union, the United States of America

• North-East Atlantic Commission - Denmark (in respect of the Faroe Islands and Greenland) the European Union, Iceland, Norway, the Russian Federation.

The Council has established an International Cooperative Salmon Research Programme, overseen by the International Atlantic Salmon Research Board, a new cooperative effort for addressing marine mortality issues. ICES provides scientific advice to NASCO.

3.3 Administration and Finance

The Council is advised by a Finance and Administration Committee.

3.4 Observers

Representatives of inter-government organizations may attend meetings of the Council and the regional Commissions of NASCO and may be invited by the President, or the Chairman of a Commission, to make a statement if they so wish.

For non-government observers, the Secretary in consultation with the President decides whether the objective of the organization applying are compatible with those of NASCO. The application must be made not less than 15 days before the meeting of the Council, and no more than two representatives of the NGO are allowed to attend the meeting. NGO representatives are not permitted to make any statements at the meetings, except at the Opening Session and Special Sessions at the discretion of the President. In addition, a joint five-minute statement may be made by NGOs at the Opening Session of each Commission meeting.

The NGO must demonstrate that it has a legitimate interest in the proceedings, and any NGO that has been accredited as an observer loses its accreditation after three years if it has not communicated with the Secretariat or the Contracting Party concerned, but it may reapply. It is only accredited in respect to plenary sessions of the Council and Commissions, and not to meetings of Working Groups or Committees. Observer status may be suspended if the NGO does not comply with conditions imposed by the Council or the Secretary.

Accredited NGOs are not permitted to issue press releases during NASCO’s Annual Meeting after the Opening Session of the Council until the Council has agreed its own Press Release. There are also rules regarding attendance at meetings by media representatives, including requirements to register on arrival, restrict attendance to the Opening Session of the Council and to two representatives of a particular publication or a company.

4. DECISION-MAKING COMPETENCIES

4.1 Decisions of the Council and Commissions

Council decisions are taken by three-quarters majority except with regard to membership of the West Greenland and North-East Atlantic Commissions, scope and form of statistics to be provided and amendments to the Convention, all of which require unanimous decisions.

Decisions of each Commission are taken by the unanimous vote of those present and casting an affirmative or negative vote. No vote can be taken unless two thirds of those entitled to vote on the matter concerned are present.

4.2 Objection Procedure

A regulatory measure proposed by a Commission becomes binding on its members 60 days after the date specified in the Secretary's notification or, if a later date is determined by the Commission, on such date. However, any member in whose areas of fisheries jurisdiction a regulatory measure would apply may, within 60 days of the date specified in the Secretary's notification, lodge an objection to it. In this case the regulatory measure is not binding on any member. A member which has lodged an objection may at any time withdraw it. Thirty days after all objections are withdrawn the regulatory measure becomes binding.

After the expiration of one year from the date on which a regulatory measure becomes binding, any member in whose area of fisheries jurisdiction the regulatory measure applies may denounce it by written notice to the Secretary. The Secretary shall immediately inform the other members of such denunciation. The regulatory measure shall cease to be binding on all members 60 days after the date of receipt by the Secretary of the notice of denunciation or, if a later date is indicated by the member, on such date.

In addition to these normal procedures Article 13 of the Convention allows for emergency regulatory measures to be established having effect prior to the expiration of the 60-day period.

5. DISPUTE SETTLEMENT

There are no formal dispute settlement procedures.