responsible fishing activities and to fight against IUU fishing.
55 While NASCO and
NPAFC, in principle, prohibit directed fishing for target resources
56 and the IWC
decided the moratorium of commercial whaling,
57 other RFMOs allow the fishing
activities in the Convention or Regulatory Area in accordance with the conservation
and management measures decided by the Commission.
58 In most conventions,
while the maritime area regulated by the Convention is restricted to the high seas
and the respect for the sovereignty and sovereign rights of coastal States is explicitly
provided, the Member States are required to ensure the compatibility of the measures
for the high seas decided by the Commission and those for the maritime areas under
national jurisdiction of the coastal States.
59
Most RFMOs are constituted by a Commission, Committee(s) for specialized
purposes, and a Secretariat. The role of the Commission is played by the Council in
NASCO and by the annual meeting under the Convention and Management of
Pollock Resources in the Central Bering Sea, the annual meeting.
60 The Commission
is endowed with legal personality and the competence to decide the measures to
achieve the objectives of the Convention and to ensure the effective implementation
of and compliance with those measures. It also has the power to make decisions on
administrative and financial matters. The committees are designated the functions to
support the activities of the Commission by providing scientific or technical advice.
The role of the Secretariat is to coordinate the activities of the internal organs and
Member States.
It should also be noted that the cooperation with universal organizations or
arrangements and other RFMOs, including the FAO and that with non-Parties are
provided.
55 For example, the IATTC adopted the 2005 Resolution on IUU fishing (amended in 2019 by
Resolution C-19-02), see https://www.iattc.org/PDFFiles/Resolutions/IATTC/_English/C-19-02Active_Amends%20and%20replaces%20C-15-01%20IUU%20fishing.pdf, and publishes the Current IUU Vessel List of IATTC; see http://www.iattc.org/VesselRegister/IUU.aspx?Lang¼en.
56 Art. 2 of the NASCO Convention, supra note 45 and Art. 3 of the NPAFC Convention, supra note
46.
57 The IWC decided the moratorium of commercial whaling in 1982 and have maintained and
maintains it; see https://iwc.int/the-revised-management-scheme.
58 In the provision concerning the objective(s) of the Convention, the conservation and sustainable
use of the stocks concerned is indicated, for example, Article w of the NPFC Convention, supra
note 53. Please see, Proelss (2017), p. 518.
59 Art. 3 of the GFCM Convention designates all marine waters of the Mediterranean Sea, supra
note 35.
60 Art. 3 of NASCO, see supra note 45 and Art. 3 of the Convention on the Conservation and
Management of Pollock Resources in the Central Bering Sea, see supra note 54.
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M. Kawano
55 While NASCO and
NPAFC, in principle, prohibit directed fishing for target resources
56 and the IWC
decided the moratorium of commercial whaling,
57 other RFMOs allow the fishing
activities in the Convention or Regulatory Area in accordance with the conservation
and management measures decided by the Commission.
58 In most conventions,
while the maritime area regulated by the Convention is restricted to the high seas
and the respect for the sovereignty and sovereign rights of coastal States is explicitly
provided, the Member States are required to ensure the compatibility of the measures
for the high seas decided by the Commission and those for the maritime areas under
national jurisdiction of the coastal States.
59
Most RFMOs are constituted by a Commission, Committee(s) for specialized
purposes, and a Secretariat. The role of the Commission is played by the Council in
NASCO and by the annual meeting under the Convention and Management of
Pollock Resources in the Central Bering Sea, the annual meeting.
60 The Commission
is endowed with legal personality and the competence to decide the measures to
achieve the objectives of the Convention and to ensure the effective implementation
of and compliance with those measures. It also has the power to make decisions on
administrative and financial matters. The committees are designated the functions to
support the activities of the Commission by providing scientific or technical advice.
The role of the Secretariat is to coordinate the activities of the internal organs and
Member States.
It should also be noted that the cooperation with universal organizations or
arrangements and other RFMOs, including the FAO and that with non-Parties are
provided.
55 For example, the IATTC adopted the 2005 Resolution on IUU fishing (amended in 2019 by
Resolution C-19-02), see https://www.iattc.org/PDFFiles/Resolutions/IATTC/_English/C-19-02Active_Amends%20and%20replaces%20C-15-01%20IUU%20fishing.pdf, and publishes the Current IUU Vessel List of IATTC; see http://www.iattc.org/VesselRegister/IUU.aspx?Lang¼en.
56 Art. 2 of the NASCO Convention, supra note 45 and Art. 3 of the NPAFC Convention, supra note
46.
57 The IWC decided the moratorium of commercial whaling in 1982 and have maintained and
maintains it; see https://iwc.int/the-revised-management-scheme.
58 In the provision concerning the objective(s) of the Convention, the conservation and sustainable
use of the stocks concerned is indicated, for example, Article w of the NPFC Convention, supra
note 53. Please see, Proelss (2017), p. 518.
59 Art. 3 of the GFCM Convention designates all marine waters of the Mediterranean Sea, supra
note 35.
60 Art. 3 of NASCO, see supra note 45 and Art. 3 of the Convention on the Conservation and
Management of Pollock Resources in the Central Bering Sea, see supra note 54.
20
M. Kawano