Convention on the conservation and management of fishery resources in the South-East Atlantic Ocean

 

SUMMARY OF:

Convention on the conservation and management of fishery resources in the South-East Atlantic Ocean

Decision 2002/738/EC – conclusion by the European Community of the Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean

WHAT IS THE AIM OF THE CONVENTION AND OF THE DECISION?

• The convention aims to ensure the long-term conservation and sustainable use of fishery and all marine resources and to safeguard the environment and marine ecosystems in the waters it covers.
• Council Decision 2002/738/EC approves the convention.

KEY POINTS

The contracting parties* achieve the aims of the convention by:

• adopting measures, based on the best available scientific advice, for the long-term conservation and sustainable use of fishery resources;
• applying the precautionary principle, which emphasises caution when information is uncertain, unreliable or inadequate– and that the absence of scientific information should not be a reason to delay taking conservation and management action;
• taking account of the impact of fishing on ecologically related species such as seabirds, cetaceans (whales, dolphins and porpoises), seals and turtles;
• acting to protect species belonging to the same ecosystem;
• minimising harmful impact on living marine resources as a whole;
• protecting biodiversity.

The convention covers international waters stretching westwards and southwards from Gabon on the west coast of Africa around to the bottom of South Africa.

The organisation implementing the convention is based in Namibia. It cooperates with the UN’s Food and Agriculture Organization, other specialised agencies and intergovernmental organisations. It includes the following bodies.

Commission. This contains a representative of each contracting party. It meets annually and also as necessary. Its role is to:

• identify conservation and management needs and formulate the necessary binding measures;
• determine total allowable catches and keep stocks under review;
• promote and coordinate scientific research and establish effective monitoring, control, surveillance and enforcement;
• compile and disseminate accurate statistical data.

Compliance Committee. This provides the Commission with information, advice and recommendations on implementing and complying with conservation and management measures.

Scientific Committee. This gives scientific advice and recommendations to the Commission and encourages scientific research.

The convention contains the following obligations.

• Contracting parties must:
  • collect and provide sufficient accurate and timely data, ranging from stock levels and fishing activities to conservation measures;
  • send the Commission an annual report on implementation of the compliance measures, including any sanctions;
  • inspect documents, fishing gear and catches on fishing vessels using their ports and offshore terminals;
  • ban landings and transshipments by ships not party to the convention and which have not respected its conservation measures;
  • establish, through the Commission, an effective observation, inspection, compliance and enforcement system;
  • take account of the special requirements of developing countries in the region;
  • cooperate to prevent disputes – technical disputes may be referred to an ad hoc expert panel and more substantive ones for a binding decision under the 1982 UN Convention on the Law of the Sea (see summary).
• Flag states* must:
  • ensure that ships flying their flag respect the conservation, management and control measures,
  • investigate immediately and report fully on action taken following an alleged violation of the rules;
• Port states must inform the flag state and the Commission of any alleged violations.

DATE OF ENTRY INTO FORCE

The convention entered into force on 13 April 2003.

BACKGROUND

• The convention was established under Article 118 of the United Nations Convention on the Law of the Sea of 10 December 1982.
• For further information see:
  • South East Atlantic Fisheries Organisation.

KEY TERMS

MAIN DOCUMENTS

Convention on the conservation and management of fishery resources in the South-East Atlantic Ocean (OJ L 234, 31.8.2002, pp. 40–55).

Council Decision 2002/738/EC of 22 July 2002 on the conclusion by the European Community of the Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean (OJ L 234, 31.8.2002, p. 39).

last update 09.09.2022