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북태평양 어업 국제회의 협정문 초안

 
  • 날짜1951년 11월
  • 문서종류협정안
  • 형태사항영어 
DRAFT
INTERNATIONAL CONVENTION FOR THE FISHERIES OF THE
NORTH PACIFIC OCEAN
The united States of America, Canada, and Japan, Desiring in the interest of world food supplies, that maximum productivity of the fishery resources of the high seas be maintained.
Recognizing that the productivity of many high seas fishery resources will decline unless exploitation is limited adequate conservation measures.
Considering that development and application of adequate conservation measures, not only at international but also at national local levels, may depend on international agreement and cooperation.
Realizing that attainment of effective conservation may in some instances depend upon agreement by some nations to waive the exercise of their rights to exploit particular high seas fishery resources:
Therefore, while affirming their rights under international Law to exploit the fishery resources of the high seas, agree follows.
ARTICLE Ⅰ
1. The contracting Parties agree to the principle that the exercise of the right under international law of any contracting Party to exploit a high seas fishery resource should be waived with respect to any such resource
(a) which scientific evidence indicates will not under more intensive exploitation provide a substantial increase in yield which may be sustained year after year; and
(b) which is under extensive scientific study designed to discover the conditions necessary for maintaining its maximum productivity; and
(c) the exploitation of which is limited or otherwise regulated for the purpose of maintaining or increasing its productivity;
provided, however, that there should be no such waiver by a Contracting Party with respect to any fishery resource the exploitation of which has recently been or is currently being developed and maintained on a substantial scale by that Party, or which is located in areas of the high seas contiguous to its territorial waters or which is harvested in greater part by a country or countries not party to this Convention,
2. Such Contracting Party agrees to waive the exercise of the Right of exploitation of the high seas fishery resources as specified in the Annex attached to this Convention, which resources are hereby recognized as fulfilling the conditions specified in paragraph 1 of this Article or as approximating them sufficiently to made such waiver desirable. The Annex, as attached to this Convention and as modified from time to time, forms an integral part of this Convention.
3. The Contracting Parties agree that because of the historic intermingling of fishing Operations of the United States and Canada in the Northeast Pacific Ocean and the intermingling of the stocks of fish exploited by these operations, and because of the long established joint conservation and regulation programs of the United States and Canada, he waiver of exploitation rights by the United States or Canada shall be recommended under the provisions of this Convention with reference to stocks of fish located in the waters of the Pacific Coasts of the United States and Canada from and including the waters of the Gulf of Alaska Southward.
ARTICLE Ⅱ
1. For the purpose of this Convention the term “fishing vessel” shall mean any vessels engaged in catching fish or processing or transporting fish loaded on the high seas, ir any vessel outfitted for such activities.
2. The area to which this Convention applies, hereinafter referred to as “the Convention area” shall be all waters, except territorial waters, of the North Pacific Ocean and adjacent area.
ARTICLE Ⅲ
Each Contracting Party agrees that all persons or vessels subject to its jurisdiction shall be prohibited from catching fish or from engaging in any auxiliary operations, for example processing or transporting fish loaded on the high seas, in any fishery resources in which the Contracting Party has waived the exercise of its right of exploitation.
ARTICLE Ⅳ
When a fishing vessels of a contracting Party is found in waters frequented by stock of fish in which that Contracting Party has waived the exercise of its right of exploitation under the provisions of this Convention, such vessels may be boarded and searched by the duly authorized officers of any of the Contracting Parties.
ARTICLE Ⅴ
1. Any person or fishing vessels engaging in operations in violation of the provisions of this Convention may be seized, except within the territorial jurisdiction of another State, and detained by the duly authorized officers of any contracting Party.
2. When so seized of detained the person or vessels shall be delivered as soon as practicable, in no case later than thirty days after the time of such seizure or detention, to an authorized officer of the country to which such person or vessels (판독 불가) to the place of seizure or at such other place as may be mutually agreed upon by the Governments of the parties to the incident.
3. The authorities of the country to which such person or vessel belongs shall alone have jurisdiction to try the offense and to impose penalties for such violation.
ARTICLE Ⅵ
1. The Contracting Parties shall establish and maintain a joint Commission to be known as the International Commission for the North Pacific Fisheries, hereinafter referred to as “the Commission”, which sall carry out the objectives of this Convention. The Commission shall be composed of three national sections, each consisting of from two to four Commissioners, appointed by the respective Contracting Parties.
2. Each national section shall have one vote. Decisions, resolution, and recommendations of the Commission shall be made only by a unanimous vote except as provided by Article Ⅶ, paragraph 1 (b).
3. The Commission may adopt and a■end, as occasion may require, by laws or rules for the conduct of its meetings.
4. The commission shall meet at least once each year and at such other times as may be requested by a majority of the national sections. The date and place of the first meeting shall be determined by agreement between the Contracting Parties.
5. At its first meeting the Commission shall select a Chairman, Vice-Chairman, and Secretary from different national sections. The Chairman, Vice-Chairman, and Secretary shall hold office for a period of one year. During succeeding years selection of a Chairman, Vice-Chairman, and Secretary from the national sections shall be made in such a manner as will provide each Contracting Party in turn with representation in those offices.
6. The commission shall decided on the most convenient place for the establishment of the Commission’s headquarters.
7. Each Contracting Party shall determine and day the expenses incurred by its section. Joint expanses incurred by the Commission shall be paid by the contracting Parties through contributions in the form and proportion recommended by the Commissions and approved by the Contracting Parties.
8. An Annual budget of joint expenses shall the recommended by the Commission and submitted to the Contracting Government for approval.
9. Each Contracting Party shall establish an advisory Committee for its national section, to be composed of persons who shall be well informed concerning North Pacific fishery problems of common concern. Each such Advisory Committee shall be invited to attend the non-executive sessions of the Commission and may be invited to attend the executive sessions.
10. The Commission may hold public hearings. Each national section may also hold public hearings within its own country.
11. The Commission shall authorize the disbursement of ■■■■s for the joint expenses of the Commission and may employ personal and acquire facilities necessary for the performance of its functions.
ARTICLE Ⅶ
1. the Commission shall perform the following functions:
(a) Study any fisheries resource specific in the Annex for the purpose of determining annually whether such resource continues to quality of waiver under the provisions of Article Ⅰ, or whether wider access under effective conservation arrangements applicable to the nationals and vessels of Contracting Parties can be developed; on request of a Contracting Party study any fishery resource of the Convention area, the greater part of which is harvested by or more of the contracting Parties, for the purpose of determining whether such resource qualifies for waiver under the provisions of Article Ⅰ; and make recommendations to the Contracting Parties in accordance with its findings, provided, however, that with respect to the fishery resources originally specified in the Annex no such recommendation shall be made until the Convention shall have been in effect for five years. An any determination, the Commission shall make allowances for the effect of strikes, wars or other exceptional economic or biological conditions which may have introduced temporary declines in productivity, exploitation and management of the fisheries resource.
(b) On request of the Contracting Party, study any fishery resource of the Convention area which in harvested on a substantial scale by two or more of the Contracting Parties and which is not covered by a conservation agreement between such parties, for the purpose of determining need for joint conservation measures; and recommend suitable point action; provided, however, that only those Contracting Parties participating on a substantial scale in the harvesting of the fishery resource concerned may request that a study be made and only the Commissioners of such Parties may participate in any determination or recommendation pursuant to this sub-paragraph.
(c) Consider and make recommendation to the Contracting Parties concerning the enactment of schedules of equivalent penalties for violation of this Convention.
(d) Compile and analize(analyze) the record provided by the Contracting Parties as specified in Article Ⅸ.
(e) Submit annually to each Contracting Party a report on its operations, investigations, and findings, with appropriate recommendations, and inform each Contracting Party, whenever it is deeded advisable, on any matter relating to the objectives to this Convention.
The Commission may send one or more observers on any fishing vessels of a Contracting Party regardless of the fishery in which such vessel is engaged, if it operates in waters frequented by stocks of fish in which that Contracting Party has waived the exercise of its right of exploitation under the provisions of this Convention.
3. In the performance of its functions, the Commission should, insofar as feasible, utilize the technical and scientific services of, and information from, official agencies of the Contracting arties and their political sub-divisions and may, when desirable, utilize the services of, and information from, any public or private institution or organization or any private individual.
ARTICLE Ⅷ
1. The annex to the Convention shall be considered amended from the date upon which the Commission received notification from all the Contracting Parties of acceptance of a recommendation made by the Commission in accordance with the provisions of Article Ⅶ, paragraph 1 (a).
2, The Commission shall notify all the contracting Parties of the date of receipt of each notification of a acceptance of amendment of Annex I.
ARTICLE Ⅸ
1. Each Contracting Party agrees, upon request of the Commission, to provide for the keeping of record of the catch of its vessel engaged in high seas fisheries of concern to the Commission in such form and manner as to show, among other date, the following:
(a) quantity of each species of fish caught,
(b) area of catch
(c) date of catch
(d) type of gear used, and
(e) fishing effort expanded
2. Each Contracting Party further agrees to provide the Commission with copies of or compilations from such records annually or at such other intervals of time as may be requested by the Commission. No Contracting Party shall be required hereunder to provide the records of individual operations.
ARTICLE Ⅹ
1. The Contracting Parties agree to adopt and enforce such measures as may be necessary to make effective the provisions of the present Convention with appropriate penalties for violation thereof. Each Contracting Party shall transmit to the Commission a statement of the action taken by it for this purpose.
2. The Contracting Parties agree to meet during the sixth year of the operating of this Agreement to consider means by which the enforcement provisions of Articles Ⅳ and Ⅴ may be carries out to the fullest extent presticable by the Commission.
ARTICLE Ⅺ
Believing that it is necessary to follow principles which provide a sound basis for the orderly development and exploitation of high seas fisheries in the interest of maximum sustained field, each of the Contracting Parties in negotiating with other Government in respect to problems involving the question waiver of exercise of the right of exploitation shall give full consideration to the possible application of the principles as stated in Article Ⅰ, paragraph 1.
ARTICLE Ⅻ
1. This Convention shall be ratified by the Contracting Parties in accordance with their respective constitutional processes and the instruments of ratification shall be exchanged as soon as possible at _____________________.
2. This Convention shall enter into force on the date of the exchange of ratifications. It shall continue in force for a period of 15 years and thereafter until one year from the day on which a Contracting Party shall give notice to the other Contracting Parties of an intention of terminating the Convention, whereupon it shall terminate as to all Contracting Parties.
IN WITNESS WHEREOF, the respective plenipotentiaries, duly authorized, have signed the present Convention.
DONE in triplicate, in the English and Japanese languages, both equally authentic, at ______ this__________day of ____________one thousand nine hundred fifty-one.
ANNEX
1. The United States of America agrees that all persons and vessels subject to its jurisdiction shall be prohibited from taking or attempting to take fish from the following fishery resources: _______________________.
2. Canada agrees that all persons and vessels subject to its jurisdiction shall be prohibited from taking or attempting to take fish from the following fishery resources: _______________________.
3. Japan agrees that all persons and vessels subject to its jurisdiction shall be prohibited from taking or attempting to take fish from the following fishery resources: ____________________
 

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