· Full name of arrangement
South Pacific Forum Fisheries Agency Convention, 10 July 1979
Entered into force: 9 August 1979
Contracting parties: Australia, Cook Islands, Federated States of Micronesia, Fiji, Kiribati, Marshall Islands, Nauru, New Zealand, Niue, Palau, Papua New Guinea, Solomon Islands, Tonga, Tuvalu, Vanuatu, Western Samoa
Source of arrangement text for this report: internet - http://www.oceanlaw.net/texts/ffa.htm
· Nature of arrangement (treaty, MOU, Joint Statement etc.)
Treaty.
· Scope (sectors covered)
Fisheries (in particular those for highly migratory species) in waters under the fisheries jurisdiction of the parties.
· Provision for harmonisation regarding conservation and management (if any)
· Maritime boundary delimitation aspect (if any)
None.
· Geographical scope
The waters under the fisheries jurisdiction of the parties.
· Consultative mechanism (if any)
Þ Primary consultative mechanism
Art I establishes the South Pacific Forum Fisheries Agency, consisting of a Forum Fisheries Committee and a Secretariat, with its seat in the Solomon Islands. The Committee is to appoint a Director of the Agency, and may also appoint a Deputy Director and other staff (Art VI(1)-(2)). The Committee is to adopt such rules of procedure and other internal administrative regulations as it considers necessary (Art IV(3)). The Committee is to adopt financial regulations for the administration of the FFA’s finances; such regulations may authorise the FFA to accept contributions from private or public sources (Art VI(7)).
The functions of the Committee are to: (a) provide detailed policy and administrative guidance and direction to the Agency; (b) provide a forum for parties to consult together on matters of common concern in the field of fisheries; and (c) carry out such other functions as may be necessary to give effect to the Convention (Art V(1)). In particular, the Committee is to promote intra-regional coordination and cooperation on inter alia: (a) harmonisation of policies with respect to fisheries management; (b) relations with distant water fishing countries; (c) surveillance and enforcement; and (d) access to the 200 mile zones of other parties (Art V(2)).
The functions of the Agency (subject to direction by the Committee) are to inter alia: (a) collect, analyse, evaluate and disseminate to parties relevant statistical and biological information with respect to the living marine resources of the region and in particular the highly migratory species; (b) collect and disseminate to parties relevant information concerning management procedures, legislation and agreements adopted by other countries both within and beyond the region; and (c) provide, on request, to any party technical advice and information, assistance in the development of fisheries policies and negotiations, and assistance in the issue of licences, the collection of fees or in matters pertaining to surveillance and enforcement (Art VII).
Þ Frequency of meetings
The Committee is to hold a regular session at least once every year, and a special session may be held at any time at the request of at least four parties (Art IV(1)).
Þ Delegations
Membership of the Agency is open to members of the South Pacific Forum and to other states or territories in the region on the recommendation of the Committee and with the approval of the Forum (Art II).
Þ Subsidiary bodies
The Committee may establish such sub-committees, including technical and budget subcommittees, as it considers necessary (Art IV(4)).
Þ Decision-making
The Committee is to endeavour to take decisions by consensus (Art IV(1)). Where consensus is not possible each party is to have one vote and decisions are to be taken by a two-thirds majority of the parties present and voting (Art IV(2)).
Þ Nature of decisions (binding or advisory)
[The Convention does not expressly state whether decisions taken by the Committee are to be binding or advisory.]
· Elements of fisheries management covered
Þ Research and stock assessment
The parties are to provide the Agency with available and appropriate information including inter alia: (a) catch and effort statistics for fishing operations in waters under their jurisdiction or conducted by vessels under their jurisdiction; and (b) relevant biological and statistical data (Art IX).
The Agency (subject to direction by the Committee) is to inter alia collect, analyse, evaluate and disseminate to parties relevant statistical and biological information with respect to the living marine resources of the region and in particular the highly migratory species (Art VII).
Þ Conservation and management
The Committee is to promote intra-regional coordination and cooperation on inter alia: (a) harmonisation of policies with respect to fisheries management; (b) relations with distant water fishing countries; and (c) access to the 200 mile zones of other parties (Art V(2)).
The Agency (subject to direction by the Committee) is to inter alia: (a) collect and disseminate to parties relevant information concerning management procedures, legislation and agreements adopted by other countries both within and beyond the region; and (b) provide, on request, to any party, assistance in the development of fisheries policies (Art VII).
Þ Monitoring, control and surveillance
The Committee is to promote intra-regional coordination and cooperation on inter alia surveillance and enforcement (Art V(2)).
The Agency (subject to direction by the Committee) is to inter alia: provide, on request, to any party assistance in the issue of licences or in matters pertaining to surveillance and enforcement (Art VII).
Þ Training
[The Convention does not expressly provide for cooperation on training.]
· Provision for review (if any)
[The Convention does not expressly provide for review.]
· Full name of arrangement
Nauru Agreement Concerning Cooperation in the Management of Fisheries of Common Interest, 11 February 1982
Entry into force: 4 December 1982
Contracting parties: NOT KNOWN
Source of arrangement text for this report: internet
-
http://www.oceanlaw.net/texts/nauru.htm
· Nature of arrangement (treaty, MOU, Joint Statement etc.)
Treaty.
· Scope (sectors covered)
Coordination and harmonisation of, and cooperation on, monitoring, control and surveillance of fisheries (notably those carried out by foreign fishing vessels) for common stocks in waters under the fisheries jurisdiction of the parties.
· Provision for harmonisation regarding conservation and management (if any)
[Enforcement only.]
· Maritime boundary delimitation aspect (if any)
None.
· Geographical scope
The waters under the fisheries jurisdiction of the parties.
· Consultative mechanism (if any)
Þ Primary consultative mechanism
An annual meeting of the parties is to be convened preceding or following the regular session of the Forum Fisheries Committee in order to promote the implementation of this Agreement (Art V(2)).
The parties are to seek the assistance of the Forum Fisheries Agency in providing secretariat services for implementing and coordinating the provisions of the Agreement (Art V(1)).
Þ Frequency of meetings
Annual. However, additional meetings may be convened at the request of three or more parties (Art V(2)).
Þ Delegations
[The Agreement does not expressly provide for limits on the size or nature of delegations to the meeting of the parties.]
Þ Subsidiary bodies
[The Agreement does not expressly provide for any subsidiary bodies.]
Þ Decision-making
The Agreement does not expressly provide for a mechanism for decision-making by the meeting of the parties. However, it does provide for subsidiary arrangements between the parties (see below).
Þ Nature of decisions (binding or advisory)
[The Agreement does not expressly state whether decisions taken by the meeting of the parties are to be binding or advisory.]
· Elements of fisheries management covered
Þ Research and stock assessment
The parties are to seek the assistance of the Forum Fisheries Agency in establishing procedures and administrative arrangements for the exchange and analysis of inter alia catch and effort statistics regarding vessels fishing in the parties’ waters for common stocks (Art IV).
Þ Conservation and management
[The Agreement does not expressly provide for cooperation on conservation and management.]
Þ Monitoring, control and surveillance
Licensing:
The parties are under a duty to establish uniform terms and conditions under which they may license foreign fishing vessels to fish within their waters regarding: (a) the requirement that each such vessel apply for and posses a licence or permit; (b) the placement of observers on such vessels; (c) the requirement that a standardized logbook be maintained on a daily basis and be produced at the direction of the competent authorities; (d) the timely reporting to the competent authorities of required information concerning the movements and acts of such vessels; and (e) standardized identification of such vessels (Art II(b)).
The parties are also to seek to establish other such uniform licensing terms and conditions including inter alia: (a) the requirement to supply to the competent authorities complete catch and effort data for each voyage; and (b) the requirement that the flag State take such measures as are necessary to ensure compliance by such vessels with the parties’ fisheries laws (Art II(c)).
The parties are to seek to standardize their respective licensing procedures and in particular: (a) to seek to establish and adopt uniform measures and procedures relating to the licensing of foreign fishing vessels, including application formats, licensing formats and other relevant documents; and (b) to explore the possibility of establishing a centralized licensing system of foreign fishing vessels (Art III).
Information exchange:
The parties are to seek the assistance of the Forum Fisheries Agency in establishing procedures and administrative arrangements for the exchange and analysis of inter alia information on vessel specifications and fleet composition (Art IV).
Surveillance:
The parties are to, where appropriate, cooperate and coordinate the monitoring and surveillance of foreign fishing activities by inter alia: (a) arranging for the rapid exchange of information collected through national surveillance activities; and (b) exploring the feasibility of joint surveillance (Art VI).
Enforcement:
The parties are to seek to develop cooperative and coordinated procedures to facilitate the enforcement of their fisheries laws and are to in particular examine the various means by which a regime of reciprocal enforcement may be established (Art VII).
Subsidiary arrangements:
The parties are to conclude arrangements where necessary to facilitate the implementation of the terms and to attain the objectives of the Agreement (Art IX).
Þ Training
[The Agreement does not expressly provide for cooperation on fisheries training.]
· Provision for review (if any)
[The Agreement does not expressly provide for review.]
· Full name of arrangement
Niue Treaty on Cooperation in Fisheries Surveillance and Law Enforcement, 9 July 1992
Entry into force: 20 May 1993
Contracting parties: Australia, Cook Islands, Federated States of Micronesia, Fiji, Kiribati, Marshall Islands, Nauru, Niue, Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga, Vanuatu
Source of arrangement text for this report: internet - http://www.oceanlaw.net/texts/niue.htm
· Nature of arrangement (treaty, MOU, Joint Statement etc.)
Treaty.
· Scope (sectors covered)
Coordination and harmonisation of, and cooperation on, monitoring, control and surveillance of fisheries (notably those carried out by foreign fishing vessels) for stocks in waters under the fisheries jurisdiction of the parties.
· Provision for harmonisation regarding conservation and management (if any)
[Enforcement only.]
· Maritime boundary delimitation aspect (if any)
Where there are waters over which more than one party claims to have fisheries jurisdiction, the parties concerned are to seek to adopt the provisional lines used for the distribution of revenue received under the Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America, 2 April 1987 (Art VII (4)).
· Geographical scope
The waters under the fisheries jurisdiction of the parties.
· Consultative mechanism (if any)
Þ Primary consultative mechanism
The Forum Fisheries Agency’s Director, at the request of any three or more parties, is to convene a meeting to discuss any matter arising out of the application of the Treaty (Art IX).
Þ Frequency of meetings
(See above.)
Þ Delegations
[The Treaty does not expressly provide for limits on the size or nature of delegations to the meeting of the parties.]
Þ Subsidiary bodies
[The Treaty does not expressly provide for any subsidiary bodies.]
Þ Decision-making
The Treaty does not expressly provide for a mechanism for decision-making by the meeting of the parties. However, it does provide for Subsidiary Agreements between the parties (see below).
Þ Nature of decisions (binding or advisory)
[The Treaty does not expressly state whether decisions taken by the meeting of the parties are to be binding or advisory.]
· Elements of fisheries management covered
Þ Research and stock assessment
[The Treaty does not expressly provide for cooperation on research or stock assessment.]
Þ Conservation and management
[The Treaty does not expressly provide for cooperation on conservation and management.]
Þ Monitoring, control and surveillance
General cooperation:
The parties are to cooperate (a) in the enforcement of their fisheries laws and regulations (Art III(1)) and (b) to develop regionally agreed procedures for the conduct of fisheries surveillance and law enforcement.
Licensing:
The parties are to cooperate in the implementation of any agreed harmonized minimum terms and conditions of fisheries access (Art IV(1)). They are to ensure that no foreign fishing vessel be licensed for fishing unless the vessel has “good standing” on the Forum Fisheries Agency’s Regional Register of Foreign Fishing Vessels (Art IV(2)).
Parties must ensure that foreign vessels licensed to fish be required to (a) provide reports in the format set out in any agreed harmonized minimum terms and conditions of fisheries access and (b) be readily identifiable from the sea and the air by way of distinctive markings (Art IV(3-4)).
Where the foreign fishing agreement or arrangement is with a flag State or with other foreign parties (including “Fishing Associations”), respectively, the parties are to, as far as possible, ensure that the instrument requires the flag State or other foreign party to take responsibility for compliance by the vessels with both the instrument and applicable laws (Art IV(5-6)).
Information exchange:
Each party is to provide the Forum Fisheries Agency, or to any other party directly, (to the extent permitted by its national laws and regulations) with information including inter alia: (a) the location and movement of foreign fishing vessels; (b) foreign fishing vessel licensing; and (c) fisheries surveillance and law enforcement activities (Art V(1)). The parties are to develop standard forms and procedures for reporting this information and effective methods for communicating it (Art V(2)).
Surveillance and enforcement:
By a Subsidiary Agreement (or otherwise), one party may permit a second party to extend its fisheries surveillance and law enforcement activities to the territorial sea and archipelagic waters of the first party (Art VI(1)). Requirements for handing over the vessel and crew to the first party are specified in the Treaty (see Art VI(2)). Parties may also cooperate (a) by Subsidiary Agreement in the provision of surveillance personnel and equipment (Art VI(3) and Annex I) and (b) by instrument in writing authorising surveillance and enforcement personnel of one party to perform their functions whilst on board a vessel or aircraft of another party (Art VI(4-5) and Annex 2).
By a Subsidiary Agreement (or otherwise), parties may agree on procedures for the extradition to a party of persons charged with offences against the fisheries laws of that party (Art VII (1)). Further, if a party requests a second party holding a person or equipment for offences against the laws of the holding party for assistance in enforcement its own fisheries laws, the holding party is under a duty to provide that assistance (subject to caveats in the Treaty - see Art VII(2)). The Treaty provides for sharing between parties of advocates and expert witnesses in certain circumstances (Art VII(3)).
By a Subsidiary Agreement (or otherwise), parties may agree on procedures whereby a penalty imposed by one party under its fisheries laws be enforced by another party (Art VIII).
Þ Training
[The Agreement does not expressly provide for cooperation on fisheries training.]
· Provision for review (if any)
[The Agreement does not expressly provide for review.]
· Full name of arrangement
Federated States of Micronesia Arrangement for Regional Fisheries Access, 30 November 1994
Entry into force: 23 September 1995
Contracting parties: Federated States of Micronesia, Kiribati, Marshall Islands, Nauru, Palau, Papua New Guinea, Solomon Islands
Source of arrangement text for this report: internet
-
http://www.oceanlaw.net/texts/micronesia.htm
· Nature of arrangement (treaty, MOU, Joint Statement etc.)
Treaty.
· Scope (sectors covered)
· Provision for harmonisation regarding conservation and management (if any)
[Enforcement only.]
· Maritime boundary delimitation aspect (if any)
None.
Of note, Art 9(4) requires each party, for the purposes of the Arrangement, to provide to the Administrator, as early as practicable, a description of any area considered by its government to be subject to its fisheries jurisdiction.
· Geographical scope
The waters under the fisheries jurisdiction of the parties. The term “Arrangement Area” means the parties’ waters except for waters closed to fishing in accordance with the Schedule 2 of Annex V of the Arrangement.
· Consultative mechanism (if any)
Þ Primary consultative mechanism
The parties agree to convene an Annual Meeting of the Parties. Its purposes are to inter alia: (a) assess whether vessels on the Register fulfill the eligibility criteria and the Arrangement’s objectives; (b) review the eligibility criteria; (c) discuss cooperative enforcement measures; and (d) to consider the effectiveness of the observer programme and adopt procedures for its implementation (Art 8(1)).
The Administrator of this Arrangement shall be the Director of the South Pacific Forum Fisheries Agency (Art 7(1).
The parties are to adopt and amend, as necessary, rules of procedure for the Annual Meeting and Special Meetings of the Parties; pending agreement, the rules of procedure of the Forum Fisheries Committee’s meeting are to apply (Art 8(4)).
Þ Frequency of meetings
Annual. However, the Administrator is to, upon request by any party, and with the approval of at least two other parties, convene a Special Meeting of the Parties (Art 8(2)).
Þ Delegations
[The Arrangement does not expressly provide for limits on the size or nature of delegations to the Meeting of the Parties.]
Þ Subsidiary bodies
The Treaty does not expressly provide for any subsidiary bodies. However, it does create the entity of “Administrator” (see below).
Þ Decision-making
The Arrangement does not expressly provide for a mechanism for decision-making by the Meeting of the Parties. However, it does require cooperation among parties to develop regionally agreed procedures for the conduct of fisheries surveillance and law enforcement (see below).
Þ Nature of decisions (binding or advisory)
[The Arrangement does not expressly state whether decisions taken by the Meeting of the Parties are to be binding or advisory.]
· Elements of fisheries management covered
Þ Research and stock assessment
[The Arrangement does not expressly provide for cooperation on research or stock assessment.]
Þ Conservation and management
[The Arrangement does not expressly provide for cooperation on conservation and management.]
Þ Monitoring, control and surveillance
Register of Eligible Fishing Vessels:
The “Administrator” is to maintain a Register of Eligible Fishing Vessels containing specified information in respect of each vessel entered on the Register (Art 3(1)).
A “home party” (i.e. a vessel’s flag State or the party in which a vessel is based) which is satisfied that its vessel satisfies eligibility criteria (set out in Annex III of the Arrangement) may apply to the Administrator to enter such fishing vessel on the Register (Art 3(2) and Annex 1), whereupon the Administrator is to enter the vessel and then notify inter alia all the parties (Art 3(3)). Vessels are to be deleted from the Register at the request of the original party in specified circumstances, whereupon the Administrator is to again notify all the parties (Art 4).
Prior to the parties’ Annual Meeting (see above), the Administrator is to inter alia compile a report on the operations of each vessel with respect to the eligibility criteria (Art 5(1)). The Annual Meeting is then to assess the extent to which the eligibility criteria and the objectives of the Arrangement have been fulfilled (Art 5(3)). (The parties may also request an independent evaluation (Art 5(4)).) If it is found by the parties that the criteria and or objectives have not been fulfilled (or where insufficient information is found to be available), the parties are to direct the Administrator to delete the vessel from the Register (Art 5(5)).
Regional access licences:
Prior to being able to apply to the Administrator for a regional access licence (i.e. a licence to fish in the Arrangement Area), a fishing vessel flying the flag of, or based in, a party must be duly registered on the Register (Art 6(1-2)). Operation in accordance with the requirements of Annex V is a condition of any regional access licence (Art 6(3); further, the Administrator may deny a licence on the grounds set out in Annex VI (Art 6(4)). Deletion of the vessel from the Register will lead to cancellation of the licence (Art 6(5)). The Administrator is to maintain a record of all regional access licences issued and to notify the parties on a monthly basis of specified characteristics of all purse seine vessels licensed to fish (Art 6(8)).
Duty to ensure compliance:
Each party is to ensure “to the fullest extent possible in accordance with its laws and regulations” that a fishing vessel flying the flag of, or based in, that party does not engage in fishing in the waters of another party unless “duly licensed under this Arrangement or under other licensing arrangements” (Art 12(1)).
Surveillance and enforcement:
The parties are to cooperate in the enforcement of the provisions of this Arrangement and their fisheries laws and regulations in accordance with the provisions of the Niue Treaty and to this end are to cooperate to develop regionally agreed procedures for the conduct of fisheries surveillance and law enforcement (Art 15).
In instances where: (a) a party has probable cause to believe that a fishing vessel of another party, while within the waters under the jurisdiction of the former party was involved in a specified act (see Art 13(2)); (b) such vessel has not submitted to the jurisdiction of the former party; and (c) the former party requests the home party to investigate the alleged offence, the home party is then under a duty to investigate and to report to the requesting party and to the Administrator on any action (to be) taken (Art 13 (2)).
If the report establishes to the satisfaction of the parties concerned that there are reasonable grounds to believe that the vessel concerned has been involved in one of the specified acts, the home party shall, at the request of the requesting party either (in the case of a vessel flying the flag of the home party) (a) take all necessary measures to ensure that the vessel concerned submits to the jurisdiction of the requesting Party; or (b) take appropriate action against the vessel to the extent permitted by its national laws and regulations or otherwise to the mutual satisfaction of the parties concerned or (in the case of any other fishing vessel) (a) use its best efforts to ensure that the operator of the vessel submits to the jurisdiction of the requesting Party; or (b) to the extent possible under its national laws and regulations, or under any agreement in force between the investigating party and the flag State of the vessel concerned, take appropriate action against the vessel or the operator of the vessel (Art 13(3)).
Where the authorities of one party arrest or seize nationals or fishing vessels of another party, duties of notification and prompt release upon payment of a bond or security apply (Art 14(1 2)).
If a port State inspection of documents or catch discloses reasonable grounds for believing that the vessel has contravened the provisions of the Arrangement, the port State party may detain the vessel for such reasonable period as is necessary for the home party (or otherwise the flag State) to take control of the vessel or otherwise take responsibility for enforcement purposes (Art 16).
The parties are to establish an observer programme (coordinated by the Administrator) according to principles laid down in the Arrangement (see Art 17).
Þ Training
[The Arrangement does not expressly provide for cooperation on fisheries training.]
· Provision for review (if any)
[The Arrangement does not expressly provide for review.]
· Full name of arrangement
Maritime Delimitation Treaty between Jamaica and the Republic of Colombia, 12 November 1993
Entry into force: 14 March 1994
Contracting parties: Colombia, Jamaica
Source of arrangement text for this report: Charney, J.I. and L.M. Alexander (eds), International Maritime Boundaries, pp. 2200-2204
· Nature of arrangement (treaty, MOU, Joint Statement etc.)
Treaty.
· Scope (sectors covered)
Maritime boundary delimitation (Arts 1 & 3(1)); exploitation of hydrocarbon or natural gas deposits found on both sides of the boundary (Art 2); establishment of a “Joint Regime Area” (Art 3).
The Joint Regime Area is established “pending the determination of the jurisdictional limits of each Party in the area”. It is a zone of joint management, control, exploration and exploitation of the living and non-living resources. It has an accompanying regime (Art 3(2 6) - see below) and a Joint Commission (Art 4 - see below).
In the Joint Regime Area, the parties have the power to carry out inter alia: (a) exploration and exploitation of the living natural resources of the waters superjacent to the seabed and the seabed and its subsoil, and other activities for the economic exploitation and exploration of the Joint Regime Area; (b) marine scientific research; (c) the protection and preservation of the marine environment; (d) the conservation of living resources; (e) such measures as are authorised by the Treaty (or as the parties may otherwise agree) for ensuring compliance with and enforcement of the regime established by the Treaty (Art 3(2)).
· Provision for harmonisation regarding conservation and management (if any)
None.
· Maritime boundary delimitation aspect (if any)
The Treaty establishes (a) a maritime boundary between Colombia and Jamaica and (b) a Joint Regime Area where such boundary cannot be agreed.
· Geographical scope
The waters between Colombia and Jamaica. The Joint Regime Area covers an area of approximately 4 500 square nautical miles (Nweihed [1998]).
· Consultative mechanism (if any)
Þ Primary consultative mechanism
Art 4(1) establishes a Joint Commission, which is to inter alia elaborate the modalities for the implementation, and the carrying out, of the activities laid down in Art 3(2) (see above) and the measures adopted pursuant to Art 3(6) (see below).
The Commission is to begin its work immediately on entry into force of the Treaty and is to (unless the parties agree otherwise) conclude the tasks identified in Art 4(1) within six months of the commencement of its work (Art 4(4)).
Þ Frequency of meetings
[The Treaty does not expressly provide for requirements on the frequency of Commission meetings.]
Þ Delegations
The Commission is to consist of one representative of each party, who may be assisted by such advisers as is considered necessary (Art 4(2)).
Þ Subsidiary bodies
[The Treaty does not expressly provide for any subsidiary bodies.]
Þ Decision-making
Conclusions of the Commission are to be adopted by consensus but are to be only recommendations to the parties. Conclusions of the Commission, when adopted by the parties, are to become binding on the parties (Art 4(3)).
The Treaty provides for consultation in specified circumstances (Art 3(5) - see below); however no subsidiary body is created for this purpose.
Þ Nature of decisions (binding or advisory)
Advisory, in that conclusion of the Commission are to be only recommendations to the parties (Art 4(3)).
· Elements of fisheries management covered
Þ Research and stock assessment
In the Joint Regime Area, the parties may carry out inter alia: (a) exploration of the living natural resources of the waters superjacent to the seabed and the seabed and its subsoil; and (b) marine scientific research (Art 3(2)). Furthermore, the Commission is (under a timetable set by Art 4(4) - see above) to elaborate the modalities for the implementation, and the carrying out, of these activities (Art 4(1)).
Activities relating to inter alia marine scientific research in the Joint Regime Area are to be carried out on a joint basis agreed by both parties (Art 3(3)).
Þ Conservation and management
In the Joint Regime Area, the parties may carry out inter alia: (a) exploitation of the living natural resources of the waters superjacent to the seabed and the seabed and its subsoil; (b) the protection and preservation of the marine environment; and (c) the conservation of living resources (Art 3(2)). Furthermore, the Commission is (under a timetable set by Art 4(4) - see above) to elaborate the modalities for the implementation, and the carrying out, of these activities (Art 4(1)).
Activities relating to inter alia protection and preservation of the marine environement in the Joint Regime Area are to be carried out on a joint basis agreed by both parties (Art 3(3)).
Þ Monitoring, control and surveillance
The parties agree that in the Joint Regime Area, each party has jurisdiction over its nationals and vessels flying its flag or over which it exercises management and control in accordance with international law (Art 3(5)). However, cooperation on MCS is facilitated by certain follow-up procedures applicable in the event that one party alleges that nationals or vessels of the other party have breached (or are breaching) the provisions of the treaty (or measures adopted by the parties for their implementation). On notification of such an allegation to the other party: (a) the parties are to commence consultations with a view to arriving at an amicable settlement within 14 days; and (b) the notified party is to ensure that the breach do not recur or is discontinued (as appropriate).
The parties are not to authorise third States and international organisations (or their vessels) to carry out any of the Joint Regime Area activities laid down in Art 3(2) (see above) (Art 3(4)). Such activities include exploitation of marine living resources. Furthermore, the parties agree to adopt measures for ensuring that nationals and vessels of third States comply with any regulations and measures adopted by the parties for implementing the Joint Regime Area activities laid down in Art 3(2) (see above) (Art 3(6)), e.g. regulations and measures for the conservation of living resources.
In the Joint Regime Area, the parties may carry out inter alia such measures as are authorised by the Treaty (or as the parties may otherwise agree) for ensuring compliance with and enforcement of the regime established by the Treaty (Art 3(2)). Furthermore, the Commission is (under a timetable set by Art 4(4) - see above) to elaborate the modalities for the implementation, and the carrying out, of these activities (Art 4(1)).
Þ Training
[The Treaty does not expressly provide for cooperation on training.]
· Provision for review (if any)
[The Treaty does not expressly provide for review.]
· Full name of arrangement
Agreement on the Delimitation of Marine and Submarine Areas and Maritime Cooperation between the Dominican Republic and the Republic of Colombia, 13 January 1978
Entry into force: 2 February 1979
Contracting parties: Colombia, Dominican Republic
Source of arrangement text for this report: Charney, J.I. and L.M. Alexander (eds), International Maritime Boundaries, pp.488-490
· Nature of arrangement (treaty, MOU, Joint Statement etc.)
Treaty.
· Scope (sectors covered)
Maritime boundary delimitation (Arts I & II); establishment of a zone of scientific research and common fishing exploitation (Art III) (“the Zone”); cooperation on pollution (Art IV); cooperation on conservation measures (Art V - see below).
The Zone extends 20 nautical miles into the waters of each party, either side of the established maritime boundary (Art III). In the Zone, each party, within its respective waters, agrees to: (a) allow nationals of the other party to fish as long as this is carried out in a rational way and according to the provisions of the party “owning the area where such a task is performed”; (b) provide the other party with the results of research related to the living resources, “specifically on tunas and other migratory species”; (c) coordinate and carry out with the other party the activities of scientific research that are commonly agreed; (d) provide periodically the other party with information on the type and quantity of fishery obtained; (e) establish a close cooperation for the purposes of “invigilating” the zone so as to avoid that nationals of third countries carry out non authorised fishing activities (Art III (a)-(e)).
· Provision for harmonisation regarding conservation and management (if any)
Art V: “[The parties have agreed to] coordinate as much as possible the measures of conservation that each party applies in its [zones, particularly for those species which go further than their respective marine zone...”
· Maritime boundary delimitation aspect (if any)
The Agreement establishes (a) a maritime boundary between Colombia and the Dominican Republic and (b) a zone of scientific research and common fishing exploitation in relation to that boundary.
· Geographical scope
The waters between Colombia and the Dominican Republic.
· Consultative mechanism (if any)
None.
Þ Primary consultative mechanism
Þ Frequency of meetings
Þ Delegations
Þ Subsidiary bodies
Þ Decision-making
Þ Nature of decisions (binding or advisory)
· Elements of fisheries management covered
Þ Research and stock assessment
In the Zone, each party, within its respective waters, agrees to inter alia: (a) provide the other party with the results of research related to the living resources, “specifically on tunas and other migratory species”; (b) coordinate and carry out with the other party the activities of scientific research that are commonly agreed; and (c) provide periodically the other party with information on the type and quantity of fishery obtained (Art III (b)-(d)).
Þ Conservation and management
In the Zone, each party, within its respective waters, agrees to inter alia allow nationals of the other party to fish as long as this is carried out in a rational way and according to the provisions of the party “owning the area where such a task is performed (Art III (a)).
Irrespective of the Zone, the parties also agree to coordinate, as much as possible, their respective conservation measures applied in their marine and submarine areas, particularly for those species “which go further than their respective marine zones”, taking into consideration “the truthful and up to date scientific data”. However, it is also agreed that such cooperation will not affect the sovereign right of each party to adopt, within its respective jurisdiction, the norms and regulations that it considers pertinent.
Þ Monitoring, control and surveillance
In the Zone, each party, within its respective waters, agrees to inter alia: (a) allow nationals of the other party to fish as long as this is carried out in a rational way and according to the provisions of the party “owning the area where such a task is performed”; (b) provide periodically the other party with information on the type and quantity of fishery obtained; and (c) establish a close cooperation for the purposes of “invigilating” the zone so as to avoid that nationals of third countries carry out non authorised fishing activities (Art III (a), (d) & (e)).
Þ Training
[The Agreement does not expressly provide for cooperation on training.]
· Provision for review (if any)
[The Agreement does not expressly provide for review.]
· Full name of arrangement
Treaty on Delimitation of Marine and Submarine Areas and Maritime Cooperation between the Republic of Colombia and the Republic of Costa Rica, 17 March 1977
Entry into force: not yet in force
Signatories: Colombia, Costa Rica
Source of arrangement text for this report: Charney, J.I. and L.M. Alexander (eds), International Maritime Boundaries, pp.474-476
· Nature of arrangement (treaty, MOU, Joint Statement etc.)
Treaty.
· Scope (sectors covered)
Maritime boundary delimitation (Art I); cooperation on marine resource protection and conservation (Arts III and IV - see below); cooperation on “developing activities to exploit” marine living resources (Art V - see below); cooperation on pollution (Art VI); cooperation on “rapid development of navigation” (Art VII).
· Provision for harmonisation regarding conservation and management (if any)
Art IV: “[The parties have agreed to] support the broadest international cooperation in order to coordinate the conservation measures which each State applies in [its zone], particularly as regards species that move beyond its... zone...”
· Maritime boundary delimitation aspect (if any)
The Treaty establishes a maritime boundary between Colombia and Costa Rica.
· Geographical scope
The waters between Colombia and Costa Rica in the Caribbean.
· Consultative mechanism (if any)
None.
Þ Primary consultative mechanism
Þ Frequency of meetings
Þ Delegations
Þ Subsidiary bodies
Þ Decision-making
Þ Nature of decisions (binding or advisory)
· Elements of fisheries management covered
Þ Research and stock assessment
The parties agree to offer each other “the greatest possible facilities” for the purpose of developing activities to exploit and use the living resources of their respective maritime jurisdictional zones through inter alia cooperation on scientific research (Art V).
Þ Conservation and management
The parties agree to develop “the broadest cooperation” between them for the protection of inter alia the renewable resources found within “the marine or submarine areas over which they exercise or may in future exercise sovereignty, jurisdiction, or supervision” (Art III).
The parties agree to support “the broadest international cooperation” in order to coordinate the conservation measures which each party applies “in the zones of the sea subject to its sovereignty or jurisdiction”, “particularly as regards species that move beyond its jurisdictional zone” (Art IV). To this end, the parties agree to take into account the recommendations of appropriate regional organisations and the most accurate and current scientific data. However, the said cooperation is not to impair the sovereign right of each party to adopt, within the framework of its respective maritime jurisdictions, the rules and regulations that it deems pertinent.
Þ Monitoring, control and surveillance
The parties agree to develop “the broadest cooperation” between them for the protection of inter alia the renewable resources found within “the marine or submarine areas over which they exercise or may in future exercise sovereignty, jurisdiction, or supervision” (Art III).
Þ Training
The parties agree to offer each other “the greatest possible facilities” for the purpose of developing activities to exploit and use the living resources of their respective maritime jurisdictional zones through inter alia (a) the exchange of information; (b) cooperation on scientific research; and (c) technical collaboration (Art V).
· Provision for review (if any)
[The Treaty does not expressly provide for review.]
· Full name of arrangement
Treaty on the Delimitation of Marine and Submarine Areas and Associated Matters Between the Republic of Panama and the Republic of Colombia, 20 November 1976
Entry into force: 30 November 1977
Contracting parties: Colombia, Panama
Source of arrangement text for this report: Charney, J.I. and L.M. Alexander (eds), International Maritime Boundaries, pp.532-535
· Nature of arrangement (treaty, MOU, Joint Statement etc.)
Treaty.
· Scope (sectors covered)
Maritime boundary delimitation (Art I); historic bay recognition (Art III); freedom of navigation and innocent passage (Art IV); cooperation on conservation measures (Art V - see below); cooperation on pollution (Art VI).
· Provision for harmonisation regarding conservation and management (if any)
Art V: “[The parties have agreed to] promote cooperation... in coordinating the measures for conservation applied by each [party] in [its zone], particularly with regard to species which move beyond their respective [zones]...”
· Maritime boundary delimitation aspect (if any)
The Treaty establishes maritime boundaries between Colombia and Panama.
· Geographical scope
The waters between Colombia and Panama in the Caribbean and the Pacific.
· Consultative mechanism (if any)
None.
Þ Primary consultative mechanism
Þ Frequency of meetings
Þ Delegations
Þ Subsidiary bodies
Þ Decision-making
Þ Nature of decisions (binding or advisory)
· Elements of fisheries management covered
Þ Research and stock assessment
[The Treaty does not expressly provide for cooperation on research or stock assessment.]
Þ Conservation and management
The parties agree to promote cooperation between them in coordinating the measures for conservation applied by each in “the marine areas subject to their sovereignty, jurisdiction, vigilance or control”, “particulary with regard to the species which move beyond their respective marine areas” (Art V). For this purpose, the parties agree to take into account the recommendations of “the competent agencies” and the most reliable and up-to-date scientific data. However, such cooperation is not to preclude the sovereign right of each party to adopt whatever standards and regulations it may deem fitting “within the realm of its respective jurisdiction”.
Þ Monitoring, control and surveillance
[The Treaty does not expressly provide for cooperation on MCS.]
Þ Training
[The Treaty does not expressly provide for cooperation on training.]
· Provision for review (if any)
[The Treaty does not expressly provide for review.]
· Full name of arrangement
Agreement between the Government of Colombia and the Government of Ecuador Relating to the Maritime Boundary between Colombia and Ecuador, 23 August 1975
Entry into force: 22 December 1975
Contracting parties: Colombia, Ecuador
Source of arrangement text for this report: Charney, J.I. and L.M. Alexander (eds), International Maritime Boundaries, pp. 815-817
· Nature of arrangement (treaty, MOU, Joint Statement etc.)
Treaty.
· Scope (sectors covered)
Maritime boundary delimitation (Art 1); fisheries MCS buffer zone (Art 2); straight baselines (Art 4); cooperation on marine resource protection and conservation (Arts 5 & 8 - see below); cooperation on “developing the activities of exploitation and utilisation” of marine living resources (Art 6 - see below); cooperation on fishing registration and licences (Art 7 - see below); cooperation on “an expeditious development of international navigation” (Art 9).
· Provision for harmonisation regarding conservation and management (if any)
Art 8: “[The parties have agreed to] encourage the most comprehensive international cooperation for the purpose of coordinating those measures for conservation applied by each State in [its zone], particularly in reference to those species that migrate from their respective [zones]...”
· Maritime boundary delimitation aspect (if any)
The Agreement establishes (a) a maritime boundary between Colombia and Ecuador and (b) a fisheries MCS buffer zone in relation to that boundary.
· Geographical scope
The waters between Colombia and Ecuador.
· Consultative mechanism (if any)
None.
Þ Primary consultative mechanism
Þ Frequency of meetings
Þ Delegations
Þ Subsidiary bodies
Þ Decision-making
Þ Nature of decisions (binding or advisory)
· Elements of fisheries management covered
Þ Research and stock assessment
The parties agree to give each other “the greatest possible facilities” for the purpose of developing the activities of exploitation and utlilisation of the living resources of their respective marine jurisdictional areas through inter alia cooperation on scientific research (Art 6).
Þ Conservation and management
The parties agree to develop “the most comprehensive cooperation” between them for protecting inter alia the renewable resources which are within “the marine and submarine areas over which they exercise sovereignty, jurisdiction or supervision or may exercise them in future” (Art 5).
The parties agree to encourage “the most comprehensive international cooperation” for the purpose of coordinating the conservation measures applied by each party “in the marine areas under its sovereignty or jurisdiction”, “particularly in reference to those species that migrate from their respective jurisdictional areas” (Art 8). To this end, the parties agree to take into account the recommendations of the pertinent regional organisations and the most reliable scientific data. However, such international cooperation is not to interfere with the sovereign right of each party to adopt, within their respective marine jurisdictional areas, such rules and regulations as they consider advisable.
Þ Monitoring, control and surveillance
The parties agree to develop “the most comprehensive cooperation” between them for protecting inter alia the renewable resources which are within “the marine or submarine areas over which they exercise sovereignty, jurisdiction or supervision or may exercise them in future” (Art 5).
The parties agree to coordinate, as far as possible, the law and regulations adopted by each in its sovereign capacity on the matter of issuance of fishing registration and fishing licences (Art 7).
The parties agree to establish “beyond 12 nautical miles starting from the coast, a special zone, 10 nautical miles in width, on either side of the parallel which is the marine limit between the two countries” for the purpose of ensuring that the “accidental presence” of “local” fishermen of either country in that zone should not be considered a violation of the marine boundary. However, the parties also agree that such agreement is not recognition of any rights to engage in fishing or hunting activities within the said zone.
Þ Training
The parties agree to give each other “the greatest possible facilities” for the purpose of developing the activities of exploitation and utilisation of the living resources of their respective marine jurisdictional areas through inter alia (a) an exchange of information; (b) cooperation on scientific research; and (c) technical cooperation (Art 6).
· Provision for review (if any)
[The Agreement does not expressly provide for review.]
· Full name of arrangement
Treaty Concerning Delimitation of Marine Areas and Maritime Cooperation Between the Republic of Costa Rica and the Republic of Panama, 2 February 1980
Entry into force: 11 February 1982
Contracting parties: Costa Rica, Panama
Source of arrangement text for this report: Charney, J.I. and L.M. Alexander (eds), International Maritime Boundaries, pp. 547-549
· Nature of arrangement (treaty, MOU, Joint Statement etc.)
Treaty.
· Scope (sectors covered)
Maritime boundary delimitation (Art I); history bay recognition (Art III); cooperation on marine resource protection, conservation and utilisation (Arts IV & V - see below); cooperation on “the development and utilisation” of marine living resources (Art VI - see below); cooperation on pollution (Art VII); cooperation on “expeditious movement of international navigation” (Art VIII).
· Provision for harmonisation regarding conservation and management (if any)
Art V: “[The parties will] encourage the fullest international cooperation in order to coordinate the conservation measures each state applies in [its zone], especially with respect to migratory species...”
· Maritime boundary delimitation aspect (if any)
The Treaty establishes maritime boundaries between Costa Rica and Panama.
· Geographical scope
The waters between Costa Rica and Panama in the Caribbean and the Pacific.
· Consultative mechanism (if any)
None.
Þ Primary consultative mechanism
Þ Frequency of meetings
Þ Delegations
Þ Subsidiary bodies
Þ Decision-making
Þ Nature of decisions (binding or advisory)
· Elements of fisheries management covered
Þ Research and stock assessment
The Treaty does not expressly provide for cooperation on research or stock assessment. However, in Art VI the parties agree to mutually facilitate in every way possible the development and utilisation of living resources in the marine areas.
Þ Conservation and management
The parties will cooperate fully in order to (a) protect inter alia the renewable resources within “the marine areas over which they exercise, or will exercise in the future, sovereignty, jurisdiction, or surveillance” and (b) utilise such resources for the benefit of their own countries (Art IV).
The parties will encourage “the fullest international cooperation” in order to coordinate the conservation measures applied by each party “in the areas of the sea under its sovereignty or jurisdiction”, “especially with respect to migratory species” (Art V). To this end, the parties will take into consideration the recommendations of competent agencies and the most reliable, up-to-date scientific data. However, such international cooperation is not to impair the sovereign right of each party to adopt, “within the framework of its own marine jurisdiction”, any rules and regulations that it deems appropriate.
Þ Monitoring, control and surveillance
The parties will cooperate fully in order to inter alia protect the renewable resources within “the marine areas over which they exercise, or will exercise in the future, sovereignty, jurisdiction, or surveillance” (Art IV).
Þ Training
The Treaty does not expressly provide for cooperation on training. However, in Art VI the parties agree to mutually facilitate in every way possible the development and utilisation of living resources in the marine areas.
· Provision for review (if any)
[The Treaty does not expressly provide for review.]
· Full name of arrangement
Delimitation Treaty between the Kingdom of the Netherlands and the Republic of Venezuela, 31 March 1978
Entry into force: 15 December 1978
Contracting parties: Netherlands, Venezuela
Source of arrangement text for this report: Charney, J.I. and L.M. Alexander (eds), International Maritime Boundaries, pp. 631-637
· Nature of arrangement (treaty, MOU, Joint Statement etc.)
Treaty.
· Scope (sectors covered)
Maritime boundary delimitation (Arts 1-3); navigation and overflight (Art 4); artificial islands, installations or structures (Art 5); oil and gas extending across the boundary (Art 6); drilling activities close to the boundary (Arts 7-8); pollution (Art 9); conservation and use of living resources (Art 10 - see below); marine scientific research (Art 11 - see below).
· Provision for harmonisation regarding conservation and management (if any)
Art 10: “For the purpose of properly conserving and using the living resources in the adjacent waters of both nations, the Contracting Parties agree to coordinate their respective legislation and regulations, insofar as possible.”
· Maritime boundary delimitation aspect (if any)
The Treaty establishes maritime boundaries between the Netherlands Antilles and Venezuela.
· Geographical scope
The waters between the Netherland Antilles and Venezuela.
· Consultative mechanism (if any)
None.
Þ Primary consultative mechanism
Þ Frequency of meetings
Þ Delegations
Þ Subsidiary bodies
Þ Decision-making
Þ Nature of decisions (binding or advisory)
· Elements of fisheries management covered
Þ Research and stock assessment
The parties agree to promote, encourage and facilitate the conducting of marine scientific research (Art 11).
Þ Conservation and management
For the purpose of properly conserving and using the living resources in the adjacent waters of both parties, the parties agree to coordinate their respective legislation and regulations insofar as possible (Art 10).
Þ Monitoring, control and surveillance
[The Treaty does not expressly provide for cooperation on MCS.]
Þ Training
[The Treaty does not expressly provide for cooperation on training.]
· Provision for review (if any)
[The Treaty does not expressly provide for review.]
· Full name of arrangement
Fishing Agreement Between the Government of the Republic of Trinidad and Tobago and the Government of the Republic of Venezuela, 26 November 1985
Entry into force: NOT KNOWN
Contracting parties: Trinidad and Tobago, Venezuela
Source of arrangement text for this report: International Journal of Estuarine and Coastal Law 2 (2) pp. 101-110 (1987)
Churchill (1993) states that “[i]n 1990 a comprehensive maritime boundary was established between Venezuela and Trinidad and Tobago. The agreement establishing this boundary makes no reference to the previous fisheries arrangements, so it is assumed that they have lapsed”.
· Nature of arrangement (treaty, MOU, Joint Statement etc.)
Treaty.
· Scope (sectors covered)
Creates zones in the waters between Trinidad and Tobago and Veneuzuela in which joint access by fishing vessels of both parties is allowed. The Agreement creates four zones: (a) Area South of Trinidad and North of Venezuela (Art II); (b) Special Fishing Area (Art III); (c) Area North of Trinidad (Art IV); (d) Area North and East of Trinidad (Art V).
A separate detailed regime is established for each of these zones. In the zone established in Art III, Venezuela is to provide access to Trinidad and Tobago vessels. In the Art IV and V zones, Trinidad and Tobago is to provide access to Venezuelan vessels. In the Art II zone, there is joint access by “[a]rtisanal and non-artisanal fishing boats of Trinidad and Tobago as well as of Venezuela”.
· Provision for harmonisation regarding conservation and management (if any)
Art II(3)(a): “For the purpose of harmonising the rules and measures adopted by each government... the... Commission... shall recommend to the respective Governments the adoption of rules and measures relating to the management and conservation of these resources.”
· Maritime boundary delimitation aspect (if any)
The Agreement establishes an “Area South of Trinidad and North of Venezuela” covering inter alia an area in which the maritime boundary between the two parties has not yet been delimited (see below).
A Joint Declaration (signed on 26 November 1985) accompanying the Agreement refers to “the overriding necessity of defining the limits of the marine and submarine areas of both countries in order to ensure the greatest cooperation with respect to the utilization of the living and mineral resources of the sea” and agreement to inter alia resume specified maritime delimitation negotiations.
Furthermore, Art XI states that “[n]othing in this Agreement is to be considered as a diminution or limitation of the rights of either Contracting Party in relation to the limits of its internal waters, archipelagic waters, territorial sea, continental shelf or exclusive economic zone nor shall anything contained in this Agreement in respect of fishing in the marine areas of either Contracting Party be invoked or claimed as a precedent”.
· Geographical scope
Waters between Trinidad and Tobago and Venezuela.
· Consultative mechanism (if any)
Þ Primary consultative mechanism
Art VIII(1) establishes the Trinidad and Tobago/Venezuela Fisheries Commission.
The Commission is to inter alia: (a) establish the modalities of the joint undertaking of programmes of inter alia fisheries research in the Art II zone; (b) recommend to the parties the adoption of rules and measures relating to the conservation and management of the fisheries resources of the Art II zone; (c) coordinate the exchange of data resulting from research programmes and/or fishing activities; and (d) submit to the parties, prior the termination of the Agreement, its recommendations regarding the extension of the Agreement or the negotiation of a new agreement (Art VIII(2)(b)-(e) and Art II(3)(a)).
Þ Frequency of meetings
The Commission is to meet at least once every six months or any time at the request of the parties (Art VIII(1)).
Þ Delegations
The Commission is to consist of three representatives of each party, together with such advisers as may be deemed necessary (Art VIII(1)).
Þ Subsidiary bodies
[The Agreement does not expressly provide for any subsidiary bodies.]
Þ Decision-making
[The Agreement does not expressly provide for a mechanism for decision-making by the Commission.]
Þ Nature of decisions (binding or advisory)
Advisory (at least in respect of inter alia conservation and management measures for the Art II zone) (Art VIII(2)(c)).
· Elements of fisheries management covered
Þ Research and stock assessment
The parties agree to jointly undertake programmes of inter alia fisheries research in the Art II zone in accordance with the modalities established by the Commission (Art X(1) and Art VIII(2)(b)).
The parties are to exchange, within a reasonable period, results obtained from inter alia research programmes in the Art II zone and in waters under their exclusive jurisdictions, whether in the form of raw processed data or by means of joint publications (Art X(3)). The Commission is coordinate the exchange of the data (Art VIII(2)(d)).
Þ Conservation and management
The Commission is to inter alia recommend to the parties the adoption of rules and measures relating to the conservation and management of the fisheries resources of the Art II zone (Art VIII(2)(c)) “for the purpose of harmonizing the rules and measures adopted by each government and in order to obtain the optimum benefits from the rational exploitation of the fisheries” of that zone (Art II(3)(a)).
Þ Monitoring, control and surveillance
In the Art II zone, the principle of flag State control applies, albeit without prejudice to Art II(3) (Art II(2)). Art II(3) provides that for the purpose of harmonising the rules and measures adopted by the parties and in order to obtain maximum benefits from the rational exploitation of the zone fisheries, the Commission is to recommend to the parties the adoption of rules and measures “relating to” conservation and management. Arguably, Art II(3) gives the Commission a mandate to recommend MCS measures.
Þ Training
[The Agreement does not expressly provide for cooperation on training.]
· Provision for review (if any)
There are provisions designed to accommodate inter alia negotiations for, and adoption of, a new fishing agreement (see Art XIII). The Commission is to submit to the parties, prior the termination of the Agreement, its recommendations regarding the extension of the Agreement or the negotiation of a new agreement (Art VIII(2)(e)).
· Full name of arrangement
Convention for the Establishment of the Lake Victoria Fisheries Organization, 30 June 1994 (amended by the Council of Ministers at its Second Session on 12 November 1998)
Entry into force: NOT KNOWN
Contracting parties: Kenya, Tanzania, Uganda
Source of arrangement text for this report: internet
-
http://www.fao.org/fi/body/rfb/LVFO/lvfo_agreement_text.htm
· Nature of arrangement (treaty, MOU, Joint Statement etc.)
Treaty.
· Scope (sectors covered)
Fisheries in Lake Victoria. The Convention establishes the Lake Victoria Fisheries Organization (Art II(1) (with its seat in Uganda (Art III(1)).
The objectives of the Organization are to foster cooperation among the parties, harmonize national measures for the sustainable utilization of the living resources of the Lake and to develop and adopt conservation and management measures (Art II(2)).
The function and responsibility of the Organization is to inter alia: (a) promote the proper management and optimum utilization of the fisheries and other resources of the Lake; (b) provide for the conduct of research concerning the waters of the Lake; (c) encourage, recommend, co-ordinate and, as appropriate, undertake training and extension activities in all aspects of fisheries; and (d) serve as a clearing-house and data bank for information on Lake Victoria fisheries and promote the dissemination of information, without prejudice to industrial property rights, by any appropriate form of publication (Art II(3)).
· Provision for harmonisation regarding conservation and management (if any)
· Maritime boundary delimitation aspect (if any)
None.
Furthermore, Art XVII states that “[n]othing in this Convention shall be interpreted as affecting the existing territorial limits of the Contracting Parties, or of their sovereignty in respect of the portions of Lake Victoria falling within their respective boundaries”.
· Geographical scope
Lake Victoria.
· Consultative mechanism (if any)
Þ Primary consultative mechanism
The “supreme body” of the Organization is the Council of Ministers (Art V(1)). The Council is to elect a Chairman; the term of office is two years, the chairmanship rotating among the parties (Art V(3)). The Council is to adopt its own Rules of Procedure (Art V(5)) and the the Financial Regulations of the Organization (Art VI(1)(d)).
The Council’s functions are to inter alia: (a) review the Policy Steering Committee’s recommendations on the situation of the Lake’s fisheries and so determine the Organization’s policy and work programme; and (b) adopt fisheries conservation and management measures (Art VI(1)((a) &(j)). The latter function may be delegated to the Policy Steering Committee; the former may not (Art VI(2)).
There is a Permanent Secretariat (Art X). The Executive Secretary and Deputy Executive Secretary are to appointed by the Council, while the staff are to be appointed by the Executive Secretary.
Þ Frequency of meetings
The Council is to hold a regular session once every two years and may also hold special sessions if it so decides or at the request of any party; however, no session of the Council is to take place unless all three Ministers or their authorized representatives are present (Art V(4)).
Þ Delegations
The Council of Ministers consists of the parties’ ministers responsible for fisheries (or their representatives) (Art V(1)). However, each party is to endeavour to ensure that the heads of departments responsible for fisheries management, fisheries research, environment, industry and tourism are represented in its delegation (Art V(2)).
Þ Subsidiary bodies
The Council of Ministers may set up committees or other subsidiary bodies (Art IV(2)). Subsidiary bodies expressly provided for in the Convention are as follows:
Policy Steering Committee:
The Policy Steering Committee (see Art VII) is to consist of the chief executive officers of the parties’ fisheries ministries (or their representatives), assisted by advisers and experts as necessary. It is to hold one regular annual session and special sessions (if requested in writing by any two parties). However, no session of the Committee is to take place unless all parties are represented. The Committee is to elect a Chairman; the term of office is one year, the chairmanship rotating among the parties. The Committee is to adopt its own Rules of Procedure. As far as possible decisions of the Committee are to be taken by consensus. However, where it is not possible to reach consensus the matter is to be decided by majority vote (and each party has one vote). The Committee is to develop a procedure for out of session consultation by correspondence for matters of exception urgency.
The functions of the Committee are to inter alia: (a) review the Executive Committee’s recommendations on the situation of the Lake’s fisheries; (b) review the Organization’s activities; (c) report to the Council on the Secretariat’s work; (d) submit recommendations on the state of the Lake’s fisheries to the Council; (e) review proposals on conservation and management measures to be adopted by the Council; and (f) give guidance to the Executive Secretary on implementation of policy and decisions taken by the Council.
Executive Committee:
The Executive Committee (see Art VIII) is to consist of six members, i.e. the heads of the parties’ fisheries management departments and the heads of their fisheries research departments (or their representatives). The Committee is to hold one regular annual session and special sessions (if requested by any two parties). However, no session of the Committee is to take place unless all parties are represented. At its first regular session, the Committee is to select a Chairman; the term of office is until the next regular session, the chairmanship rotating among the heads of the fisheries management departments. The Committee is to adopt its own Rules of Procedure. All decisions and recommendations of the Executive Committee are to be adopted by consensus.
The functions of the Committee are to inter alia: (a) agree on immediate and appropriate management measures to be implemented at national levels; (b) review the Organization’s management and scientific activities and make proposals for consideration by the Steering Committee and Council; and (c) report to the Steering Committee and Council on the implementation of national and regional management measures.
The Committee is to establish such sub-committees or working groups as it may deem necessary for the work of the committees or its own work (see also Art IV(3)).
Fisheries Management Committee & Scientific Committee:
These Committees (see Art IX) are to advise the Executive Committee on matters within their areas of competence. The Fisheries Management Committee is to consist of the heads of the parties’ fisheries management departments (or their representatives). The Scientific Committee is to consist of the heads of the parties’ fisheries research departments (or their representatives). The Executive Committee is to adopted Rules of Procedure for each of the two Committees. Dates for meetings of the Committees are to be determined by the Executive Committee. The Chairmanship of the Committees is to rotate among the heads of the parties’ departments. Decisions of the Committees are to be taken by consensus (except as otherwise provided by the Committees’ Rules of Procedure).
Both committees are to make recommendations to the Executive Committee as appropriate.
The functions of the Fisheries Management Committee are to inter alia: (a) review stock assessment, monitoring, harvest and enforcement data compiled by the Secretariat; (b) identify emerging problems in fisheries with a view to ensuring their long term sustainability; (c) develop objectives for fish communities; (d) ensure the conservation of indigenous species; (e) develop management policies based on biological, socio-economicand environmental needs; (h) recommend conservation and management measures for the Lake’s living resources.
The functions of the Scientific Committee are to inter alia: (a) identify research requirements for the management of the Lake’s living resources; (b) recommend to the Executive Committee research projects; (c) review the results of Lake research programmes; and (d) recommend common, harmonized and standardized data collection and statistical methods for biological data and supervise their collection and compilation.
Both Committees may propose to the Executive Committee the establishment of such sub-committees or working groups as they consider necessary (see also Art IV(3) and VIII(6)).
National Committees:
Each party is to establish a National Committee for Lake Victoria Fisheries (see Art XI), headed by the chief executive officer of the fisheries management ministry (or his representative), to serve as a forum for consultation, coordination and information on activities concerning Lake Victoria. Each National Committee is to be composed of representatives from inter alia government departments and the private sector.
Þ Decision-making
As far as possible decisions of the Council are to be taken by consensus. However, where it is not possible to reach consensus the matter is to be decided by majority vote (and each party has one vote) (Art V(5)).
Þ Nature of decisions (binding or advisory)
Decisions of the Council are presumed to binding on the parties (on the basis that they are taken by ministers).
· Elements of fisheries management covered
Þ Research and stock assessment
Each party is to provide the Organization with access to inter alia all documents, data and reports pertaining to stock assessments, fish landings, the Lake’s living resources and research pursuant to the objectives of the Organization (see Art II(2)) (Art XIII(5)).
Where a programme of research has been agreed, the parties agree to facilitate access by research teams to their national territory and territorial waters (Art XIV).
The Organization may receive inter alia donations from any suitable body, whether governmental or non-governmental, provided that the terms of their use are compatible with the objectives of the Organization (Art XV(4)).
Þ Conservation and management
The parties agree to take all necessary measures (including legislative measures when appropriate) to implement the decisions of the Organization’s governing bodies (Art XIII(1)). However, each party is to remain free to adopt national laws more stringent or extensive than those required to fulfil its obligations under the Convention (Art XIII(4)).
The Organization is to establish an appropriate system to keep under review the measures adopted by the parties for implementation of the Council’s decisions (Art XIII(9)).
Þ Monitoring, control and surveillance
Each party is to enforce its national laws (adopted pursuant to Art XIII(1) - see above) in respect of its own territory and territorial waters, in respect of fish landed in its territory, and in respect of its own nationals (except where one or both of the other parties has already initiated and maintained enforcement action in respect of the same conduct) (Art XIII(2)(a)). Except as otherwise decided by the Council of Ministers, each party is to remain free to impose such penalties as it may determine to be necessary to fulfil its obligations (Art XIII(2)(b)).
Þ Training
[The Convention does not expressly provide for cooperation on fisheries training.]
· Provision for review (if any)
[The Convention does not expressly provide for review.]
· Full name of arrangement
Convention on Fisheries Cooperation Among African States Bordering the Atlantic Ocean, 5 July 1991
Entry into force: 11 August 1995
Contracting parties: Benin, Côte d’Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Morocco, Nigeria, Senegal, Sierra Leone
Signatories (without more): Cameroon, Cape Verde, Congo, Democratic Republic of Congo, The Gambia, Mauritania, Togo
Source of arrangement text for this report: internet
-
http://www.fao.org/fi/body/rfb/AAFC/aafc_convention_text.htm
· Nature of arrangement (treaty, MOU, Joint Statement etc.)
Treaty.
· Scope (sectors covered)
The objectives of the Convention are to enable the parties to inter alia: (a) promote regional cooperation on fisheries management and development; (b) take up the challenge of food self-sufficiency through the rational utilization of fishery resources; (c) stimulate national economic sectors through the effects resulting from fishery resources exploitation; (d) enhance, coordinate and harmonize parties’ efforts and capabilities for the purpose of conserving, exploiting, upgrading and marketing fishery resources (considering in particular fish stocks occurring within the waters of more than one party; (e) reinforce solidarity with African land-locked States and geographically disadvantaged States of the region (Art 2).
· Provision for harmonisation regarding conservation and management (if any)
· Maritime boundary delimitation aspect (if any)
None.
· Geographical scope
Art 1(2)(a) states that “Region”, where used in the Convention, “means the area comprising the above-mentioned States”. The latter are the African States bordering the Atlantic. However, in practice, in terms of marine areas, the geographical area covered is presumably the waters under the sovereignty and jurisdiction of the contracting parties.
· Consultative mechanism (if any)
Þ Primary consultative mechanism
For the purpose of implementing the Convention (and any protocols), parties are to establish an institutional framework comprising the Conference of Ministers, the Bureau and the Secretariat (Art 17(1)).
The Conference is the governing and decision-making body with respect to fisheries cooperation among the parties; it is to determine the objectives and principles governing programmes and activities to be carried out under the Convention (Art 17(1)(a)).
The Bureau is the coordinating organ of the Conference, and the Secretariat is the executive organ (Art 17(1)(b) & (c)).
Þ Frequency of meetings
The Conference is to hold a regular session once every two years and a special session at the request of a majority of the parties (Art 17(1)(a)).
Þ Delegations
Ministers.
Þ Subsidiary bodies
Other than providing for the Bureau (Art 17(1)), the Convention does not expressly provide for any subsidiary bodies.
Þ Decision-making
[The Convention does not expressly provide for a mechanism for decision-making by the Conference.]
Þ Nature of decisions (binding or advisory)
[The Convention does not expressly state whether decisions taken by the Conference are to be binding or advisory.]
· Elements of fisheries management covered
Þ Research and stock assessment
The parties are to combine their efforts to inter alia take concerted action for the assessment of fish stocks occurring within the waters under the sovereignty or jurisdiction of more than one party (Art 3(1)). They are to establish and maintain an up-to-date inventory of human and material resources of the region and to conclude arrangements utilising their complementary human strengths in the area of fishery resources assessment (Art 3(2)). They are to exchange scientific information regarding fishery resources, statistics relating to catch and fishing effort and other data relevant to the conservation and management of fish stocks with the objective of achieving their optimum utilization (Art 3(3)).
Parties undertake to inter alia coordinate, within the competent international organisations, their actions regarding exchange of information on the assessment of highly migratory species within the competent international organisations (Art 4).
Parties are to encourage the exchange of experience in the field of marine scientific research with a view to promoting joint activities aiming at inter alia achieving better knowledge of the marine environment and its resources (Art 11(1)). Furthermore, parties are to encourage the twinning of the region’s institutions so as to allow the exchange of scientists and the formulation of research programmes as well as the optimum use of vessels and other means of research (Art 11(2)).
With a view to promoting the dissemination of inter alia scientific data and information regarding the region’s fisheries, parties are to collaborate in the establishment and operation of a data and information bank, in cooperation with relevant subregional, regional and international organizations (Art 15).
Þ Conservation and management
The parties are to combine their efforts to inter alia ensure the conservation and rational management of their fishery resources (Art 3(1)). Furthemore, the parties are to endeavour to adopt harmonized policies concerning the conservation, management and exploitation of fishery resources (in particular with regard to the determination of catch quotas and, as appropriate, the adoption of joint regulation of fishing seasons) (Art 3(4); see also Art 13).
Parties undertake to inter alia coordinate, within the competent international organisations, their actions regarding exchange of information on the conservation of highly migratory species within the competent international organisations (Art 4).
Parties are to intensify their efforts at the national, regional and international levels, directly or with the assistance of competent regional or international organizations, to ensure the protection and preservation of the marine environment as well as the management of coastal areas of the region (Art 12).
With a view to promoting the dissemination of inter alia technical and legal data and information regarding the region’s fisheries, parties are to collaborate in the establishment and operation of a data and information bank, in cooperation with relevant subregional, regional and international organizations (Art 15).
Þ Monitoring, control and surveillance
Parties are to work and collaborate with all the means at their disposal (or which they may jointly acquire) to ensure the monitoring, control and surveillance, including technical control, of fishing vessels operating in the region (Art 5).
With a view to promoting the dissemination of inter alia technical and legal data and information regarding the region’s fisheries, parties are to collaborate in the establishment and operation of a data and information bank, in cooperation with relevant subregional, regional and international organizations (Art 15).
Þ Training
The parties are to inter alia: (a) promote the establishment of regional cooperation in the field of maritime training encompassing technical, scientific, economic and legal aspects relevant to the fisheries sector; and (b) promote a common regional maritime training policy covering all levels and activities of the fisheries sector (Art 10).
Parties are to encourage the exchange of experience in the field of marine scientific research with a view to promoting joint activities aiming at inter alia achieving better knowledge of the marine environment and its resources and, in due course, formulating fisheries management plans as well as improving fishing techniques or gears adapted to the specific needs of the region (Art 11(1)).
· Provision for review (if any)
[The Convention does not expressly provide for review.]
· Full name of arrangement
Convention Relative à la Détermination des Conditions d’Accès et d’Exploitation des Ressources Halieutiques au Large des Côtes des Etats Membres de la Commission Sous-Régionale des Pêches, 14 July 1993
Entry into force: NOT KNOWN
Signatories: Cape Verde, The Gambia, Guinea, Guinea Bissau, Mauritania, Senegal
Source of arrangement text for this report: hard copy supplied by FAO
· Nature of arrangement (treaty, MOU, Joint Statement etc.)
Treaty.
· Scope (sectors covered)
The Convention provides a legal framework regarding access by vessels to a party’s waters, addressing inter alia: maximum duration of access by foreign vessels (Art 2); licence application procedure (Art 3 and Annex I); duration of licence validity (Art 4); regulation of factory ships and transshipment vessels (Art 4); mesh size used by industrial vessels (Art 5 and Annex II - see below); pre-conditions for provision of licences (Art 6); reporting requirements (Art 7); observers (Art 8); access to catch (Art 9); catch declarations (Art 10); embarkation of parties’ nationals by foreign vessels (Art 11); enforcement options against foreign vessels (Art 12); banning of foreign vessels from parties’ waters (collectively) (Art 13 - see below).
· Provision for harmonisation regarding conservation and management (if any)
In the sense that the Convention establishes specified quantitative conservation and management measures.
· Maritime boundary delimitation aspect (if any)
None.
· Geographical scope
The waters of the parties.
· Consultative mechanism (if any)
None (though the parties can make use of the Sub-Regional Fisheries Commission).
Þ Primary consultative mechanism
Þ Frequency of meetings
Þ Delegations
Þ Subsidiary bodies
Þ Decision-making
Þ Nature of decisions (binding or advisory)
· Elements of fisheries management covered
Þ Research and stock assessment
[The Convention does not expressly provide for cooperation on research or stock assessment.]
Þ Conservation and management
The Convention, in Annex I (through Art 5), sets minimum mesh sizes for nets and trawls used by industrial vessels: (a) targetting demersal resources in coastal waters (in respect of fish and shrimp); (b) targetting demersal resources in deep waters (in respect of fish, cephalopod and shrimp); and (c) undertaking pelagic trawling.
Þ Monitoring, control and surveillance
If a vessel reoffends (regarding specified types of behaviour) in at least two parties during the validity period of the vessel’s licence issued by those parties, the incriminated vessel must be prohibited from fishing in the waters of all parties (Art 13).
Þ Training
[The Convention does not provides for cooperation on training in respect of conservation and management.]
· Provision for review (if any)
[The Convention does not expressly provide for review.]
· Full name of arrangement
Convention sur la Cooperation Sous-Regionale dans l’Exercise du Droit de Poursuite Maritime, 1 September 1993
Entry into force: NOT KNOWN
Signatories: Cape Verde, The Gambia, Guinea, Guinea Bissau, Mauritania, Senegal
Source of arrangement text for this report: hard copy supplied by FAO
NOTE: One implementing protocol (“Protocole Relatif aux Modalites Pratiques de Coordination des Operations de Surveillance dans les Etats Membres de la Commission Sous-Regionale des Peches”), dealing with other MCS issues also, has been signed by the six parties on 1 September 1993.
· Nature of arrangement (treaty, MOU, Joint Statement etc.)
Treaty.
· Scope (sectors covered)
The objectives of the Convention are: (a) to establish rules and procedures for the strengthening of cooperation between the parties regarding fisheries surveillance; (b) to define the principles regulating hot pursuit of vessels; (c) to establish fundamental principles regarding cooperation between parties when the right to hot pursuit is exercised (Art 1 (a)-(c)).
· Provision for harmonisation regarding conservation and management (if any)
[Enforcement only.]
· Maritime boundary delimitation aspect (if any)
Only is as much as the Convention deals with enforcement vessels crossing maritime boundaries between the parties.
· Geographical scope
The waters of the parties.
· Consultative mechanism (if any)
None (though the parties can make use of the Sub-Regional Fisheries Commission).
Þ Primary consultative mechanism
Þ Frequency of meetings
Þ Delegations
Þ Subsidiary bodies
Þ Decision-making
Þ Nature of decisions (binding or advisory)
· Elements of fisheries management covered
ÞResearch and stock assessment
[The Convention does not expressly provide for coopertion on research or stock assessment.]
Þ Conservation and management
[The Convention does not expressly provide for cooperation on conservation and management.]
Þ Monitoring, control and surveillance
The Convention establishes principles regarding the exercise of the right of hot pursuit (Art 3) in respect of the parties’ flag vessels (Art 4) and vessels of other flag States (Art 5). These provisions are implemented through the establishment of bilateral or multilateral protocols between the parties (Art 9).
One such implementing protocol (dealing with other MCS issues also) has been signed by the six parties (see above).
Þ Training
[The Convention does not expressly provide for cooperation on training.]
· Provision for review (if any)
[The Convention does not expressly provide for review.]
· Full name of arrangement
Convention entre le Gouvernement de la République du Sénégal et le Gouvernement de la République Islamique de Mauritanie dans le domaine de la Pêche Maritime, 28 May 1999
Entry into force: NOT KNOWN
Signatories: Mauritania, Senegal
Source of arrangement text for this report: hard copy supplied by FAO
NOTE: The Convention has been followed by an implementing Protocol, signed by the two parties on 29 May 1999, dealing mainly with reciprocal access.
· Nature of arrangement (treaty, MOU, Joint Statement etc.)
Treaty.
· Scope (sectors covered)
The Convention a statement that the parties encourage cooperation on all areas related to fisheries (including specified areas, some of which are elaborated on later in the Convention) (Art 2) and articles on inter alia: (a) access by artisanal fishermen (Art 3); (b) access by vessels of the parties (Art 4); (c) access to catch (Art 5); information exchange (Arts 6 & 8); (d) non-discrimination (Art 7); (e) cooperation on training, safety at sea, research and surveillance (Art 9 - see below); (f) joint ventures (Art 10).
· Provision for harmonisation regarding conservation and management (if any)
[Not known whether recommendations of the Technical Committee are binding.]
· Maritime boundary delimitation aspect (if any)
None.
· Geographical scope
In terms of marine areas, the waters of the parties.
· Consultative mechanism (if any)
Þ Primary consultative mechanism
Art 12 establishes a Technical Committee. The Committee is to ensure effective application of the Convention and its implementing Protocol.
Þ Frequency of meetings
The Committee is to have annual ordinary meetings (and special meetings at the request of one of the parties) (Art 12).
Þ Delegations
The Committee is to consist of government and industry representatives (Art 12).
Þ Subsidiary bodies
[The Convention does not provide for any subsidiary bodies.]
Þ Decision-making
[The Convention does not expressly provide for a mechanism for decision-making by the Committee.]
Þ Nature of decisions (binding or advisory)
[The Convention does not expressly state whether decisions taken by the Committee are to be binding or advisory.]
· Elements of fisheries management covered
Þ Research and stock assessment
The parties are to coordinate their research programmes, to ensure long-term use of marine resources (Arts 9 & 2).
(The Protocol (Art 10) details how this coordination is to be implemented. Elements include inter alia: (a) a protocol between the parties’ respective research institutions; (b) specified areas for cooperation (including organisation of a working group for joint analysis of data on inter alia shared stocks); (c) strengthening of cooperation are sub-regional and regional levels.)
Þ Conservation and management
The parties encourage cooperation on inter alia resource exploitation and in preservation of the marine environment (Art 2).
Þ Monitoring, control and surveillance
The parties are to coordinate their surveillance programmes, to ensure long-term use of marine resources (Arts 9 & 2).
(The Protocol (Art 10) details how this coordination is to be implemented. Elements include inter alia: (a) a bilateral protocol on hot pursuit (conforming with the CSRP instruments on hot pursuit); (b) a bilateral protocol on surveillance coordination; (c) exchange of personnel with a view to harmonising surveillance procedures; (d) strengthening of information exchange on activities of fishing vessels operating in their respective waters and on relevant landings by foreign vessels.)
Þ Training
The parties are to cooperate regarding training (Arts 9 & 2).
(The Protocol (Art 10) provides for exchange of personnel with a view to harmonising surveillance procedures.)
· Provision for review (if any)
[The Convention does not expressly provide for review.]
