Common use of CONSERVATION AND MANAGEMENT MEASURES Clause in Contracts

CONSERVATION AND MANAGEMENT MEASURES. 1. The conservation and management measures adopted by the Commission shall include measures to: (a) ensure the long-term sustainability of fishery resources and promote the objective of their responsible utilisation; (b) prevent or eliminate over-fishing and excess fishing capacity to ensure that levels of fishing effort do not exceed those commensurate with the sustainable use of fishery resources; (c) maintain or restore populations of associated and dependent species to above levels at which their reproduction may become seriously threatened; (d) protect the habitats and marine ecosystems in which fishery resources and associated and dependent species occur from the impacts of fishing, including measures to prevent significant adverse impacts on vulnerable marine ecosystems and precautionary measures where substantial uncertainty exists as to the presence of vulnerable marine ecosystems or the impacts of particular fishing activities on such ecosystems. 2. The specific conservation and management measures adopted by the Commission may include the determination of: (a) precautionary reference points; (b) the actions to be taken if those reference points are approached or exceeded; (c) the nature and extent of fishing for any fishery resource including the establishment of a total allowable catch or total allowable fishing effort; (d) the general or specific locations in which fishing may occur; (e) the periods in which fishing may occur; (f) the size limits in respect of the catch which may be retained; (g) the types of fishing gear, fishing technology, or fishing practices which may be used when fishing. 3. In determining a total allowable catch or total allowable fishing effort for any fishery resource under paragraph 2(c) of this article, the Commission shall take into account the following factors: (a) the status and stage of development of the fishery resource; (b) fishing patterns of the fishery resource; (c) catch of the same fishery resource within areas under national jurisdiction where relevant; (d) an allowance for discards and any other incidental mortality (e) catch of associated or dependent species and impacts on the marine ecosystems in which the fishery resource occurs; (f) relevant ecological and biological factors limiting the nature of fishery resources that may be harvested; (g) relevant environmental factors, including trophic interactions which may have an effect upon the fishery resource and associated or dependent species; (h) as appropriate, relevant conservation and management measures adopted by other intergovernmental organisations. The Commission shall regularly review the total allowable catch or total allowable fishing effort established for any fishery resource. (a) For a fishery resource that straddles an area under the national jurisdiction of a coastal State Contracting Party or Parties and the adjacent high seas of the Convention Area: (i) the Commission shall establish a total allowable catch or total allowable fishing effort and other conservation and management measures, as appropriate, for the Convention Area. The Commission and the coastal State Contracting Party or Parties concerned shall cooperate in the coordination of their respective conservation and management measures in accordance with Article 4 of this convention; (ii) with the express consent of the coastal State Contracting Party or Parties concerned, the Commission may establish, in accordance with Xxxxx XXX of this convention, and as appropriate, a total allowable catch or total allowable fishing effort that will apply throughout the range of the fishery resource; (iii) in the case where one or more of the coastal State Contracting Parties does not consent to a total allowable catch or total allowable fishing effort that will apply throughout the range of the fishery resource, the Commission may establish, as appropriate, a total allowable catch or total allowable fishing effort that will apply in the areas of national jurisdiction of the consenting coastal State Contracting Party or Parties and the adjacent high seas of the Convention Area. Xxxxx XXX will apply mutatis mutandis to the establishment of this total allowable catch or total allowable fishing effort by the Commission. (b) In cases covered by (a)(ii) or (a)(iii) of this paragraph, other complementary conservation and management measures may be adopted so as to ensure sustainable conservation and management of the fishery resource throughout its range. To give effect to this paragraph, such measures may be adopted, in accordance with the principles of compatibility outlined in Article 4, by the Commission for the high seas and the coastal State Contracting Party or Parties concerned for their exclusive economic zones; and by the Commission, with the consent of the coastal State Contracting Party or Parties concerned, for measures that will apply throughout the range of the fishery resource. (c) All conservation and management measures, including a total allowable catch or total allowable fishing effort, adopted by the Commission in accordance with subparagraphs (a)(ii), (a)(iii) and (b) of this paragraph are without prejudice to and do not affect the sovereign rights of coastal States for the purpose of exploring and exploiting, conserving and managing the living marine resources within areas under national jurisdiction in accordance with international law, as reflected in the relevant provisions of the 1982 Convention and the 1995 Agreement, and do not in any other respect affect the area of application of this convention established by Article 5. (a) The Commission shall adopt measures to be applied on an emergency basis, in accordance with Article 15, including intersessionally, if necessary, where fishing presents a serious threat to the sustainability of fishery resources or the marine ecosystem in which these fisheries resources occur or when a natural phenomenon or human caused disaster has, or is likely to have, a significant adverse impact on the status of fishery resources to ensure that fishing does not exacerbate such threat or adverse impact. (b) Measures taken on an emergency basis shall be based on the best scientific evidence available. Such measures shall be temporary and must be reconsidered at the next meeting of the Commission following their adoption. The measures shall become binding on the Contracting Parties in accordance with Article 16 paragraph 1. They shall not be open to the objection procedure in Article 16 paragraph 2 but may be the subject of dispute settlement procedures under Article 35. 6. The conservation and management measures adopted by the Commission shall be progressively developed and integrated into management strategies or plans that set out the management objectives for each fishery resource, the reference points against which to measure progress in relation to those objectives, the indicators to be used in relation to those reference points and the measures to be taken in response to particular indicator levels.

CONSERVATION AND MANAGEMENT MEASURES. 1. The conservation and management measures adopted by the Commission shall include measures to: (a) ensure the long-term sustainability of fishery resources and promote the objective of their responsible utilisation; (b) prevent or eliminate over-over fishing and excess fishing capacity to ensure that levels of fishing effort do not exceed those commensurate with the sustainable use of fishery resources; (c) maintain or restore populations of non-target and associated and or dependent species to above levels at which their reproduction may become seriously threatened;; and (d) protect the habitats and marine ecosystems in which fishery resources and non-target and associated and or dependent species occur from the impacts of fishing, including measures to prevent significant adverse impacts on vulnerable marine ecosystems and precautionary measures where substantial uncertainty exists as to the presence of it cannot adequately be determined whether vulnerable marine ecosystems are present or the whether fishing would cause significant adverse impacts of particular fishing activities on such vulnerable marine ecosystems. 2. The specific conservation and management measures adopted by the Commission may shall, as appropriate, include the determination of: (a) reference points, including precautionary reference pointspoints as described in Xxxxx XX of the 1995 Agreement; (b) the actions to be taken if those reference points are approached or exceeded; (c) the nature and extent of fishing for any fishery resource including the establishment of a total allowable catch or total allowable fishing effort; (d) the general or specific locations in which fishing may or may not occur; (e) the periods in which fishing may or may not occur; (f) the size limits in respect of the catch which may be retained;; and (g) the types of fishing gear, fishing technology, or fishing practices which may be used when fishing. 3. In determining a total allowable catch or total allowable fishing effort for any fishery resource under paragraph 2(c) of this article2 (c), the Commission shall take into account the following factors: (a) the status and stage of development of the fishery resource; (b) fishing patterns of the fishery resource; (c) catch of the same fishery resource within areas under national jurisdiction where relevant; (d) an allowance for discards and any other incidental mortality; (e) catch of non-target and associated or dependent species and impacts on the marine ecosystems in which the fishery resource occurs; (f) relevant ecological and biological factors limiting the nature of fishery resources that may be harvested; (g) relevant environmental factors, including trophic interactions which may have an effect upon the fishery resource and non-target and associated or dependent species;; and (h) as appropriate, relevant conservation and management measures adopted by other intergovernmental organisations. The Commission shall regularly review the total allowable catch or total allowable fishing effort established for any fishery resource. (a) For a fishery resource that straddles the Convention Area and an area under the national jurisdiction of a coastal State Contracting Party or Parties and the adjacent high seas of the Convention AreaParties: (i) the Commission shall establish a total allowable catch or total allowable fishing effort and other conservation and management measures, as appropriate, for the Convention Area. The Commission and the coastal State Contracting Party or Parties concerned shall cooperate in the coordination of their respective conservation and management measures in accordance with Article 4 of this conventionConvention; (ii) with the express consent of the coastal State Contracting Party or Parties concerned, the Commission may establish, in accordance with Xxxxx XXX of this conventionConvention, and as appropriate, a total allowable catch or total allowable fishing effort that will apply throughout the range of the fishery resource;; and (iii) in the case where one or more of the coastal State Contracting Parties does not consent to a total allowable catch or total allowable fishing effort that will apply throughout the range of the fishery resource, the Commission may establish, as appropriate, a total allowable catch or total allowable fishing effort that will apply in the areas of national jurisdiction of the consenting coastal State Contracting Party or Parties and the adjacent high seas of the Convention Area. Xxxxx XXX will apply apply, mutatis mutandis mutandis, to the establishment of this total allowable catch or total allowable fishing effort by the Commission. (b) In cases covered by subparagraph (a)(iia) (ii) or (a)(iiia) of this paragraph(iii), other complementary conservation and management measures may be adopted so as to ensure sustainable conservation and management of the fishery resource throughout its range. To give effect to this paragraph, such measures may be adopted, in accordance with the principles of compatibility outlined in Article 4, by the Commission for the high seas and the coastal State Contracting Party or Parties concerned for their exclusive economic zonesthe areas under national jurisdiction; and by the Commission, with the consent of the coastal State Contracting Party or Parties concerned, for measures that will apply throughout the range of the fishery resource. (c) All conservation and management measures, including a total allowable catch or total allowable fishing effort, adopted by the Commission in accordance with subparagraphs (a)(iia) (ii), (a)(iiia) (iii) and (b) of this paragraph are without prejudice to and do not affect the sovereign rights of coastal States for the purpose of exploring and exploiting, conserving and managing the living marine resources within areas under national jurisdiction in accordance with international law, as reflected in the relevant provisions of the 1982 Convention and the 1995 Agreement, and do not in any other respect affect the area Area of application of this convention Convention established by Article 5. (a) The Commission shall adopt measures to be applied on an emergency basis, in accordance with Article 1516, including intersessionally, if necessary, where fishing presents a serious threat to the sustainability of fishery resources or the marine ecosystem in which these fisheries fishery resources occur or when a natural phenomenon or human caused disaster has, or is likely to have, a significant adverse impact on the status of fishery resources to ensure that fishing does not exacerbate such threat or adverse impact. (b) Measures taken on an emergency basis shall be based on the best scientific evidence available. Such measures shall be temporary and must be reconsidered for decision at the next meeting of the Commission following their adoption. The measures shall become binding on the Contracting Parties members of the Commission in accordance with Article 16 17 paragraph 1. They Such measures shall not be open to the objection procedure in Article 16 17 paragraph 2 but may be the subject of dispute settlement procedures under Article 35this Convention. 6. The conservation and management measures adopted by the Commission shall be progressively developed and integrated into management strategies or plans that set out the management objectives for each fishery resource, the reference points against which to measure progress in relation to those objectives, the indicators to be used in relation to those reference points and the measures to be taken in response to particular indicator levels.

CONSERVATION AND MANAGEMENT MEASURES. 1. When adopting conservation and management measures the Commission shall apply the precautionary approach and the ecosystem approach in decision-making and shall take full account of advice from the Scientific Committee and other subsidiary bodies. 2. The conservation and management measures adopted by the Commission shall include measures to: (a) ensure the long-term sustainability of fishery resources and promote the objective of their responsible utilisation; (b) prevent or eliminate over-fishing and excess fishing capacity to ensure that levels of fishing effort do not exceed those commensurate with the sustainable use of fishery resources; (c) maintain or restore populations of associated and dependent species to above levels at which their reproduction may become seriously threatened; (d) protect the habitats and marine ecosystems in which fishery resources and associated and dependent species occur from the impacts of fishing, including measures to prevent significant adverse impacts on vulnerable marine ecosystems and precautionary measures where substantial uncertainty exists as to the presence of vulnerable marine ecosystems or the impacts of particular fishing activities on such ecosystems. 23. The specific conservation and management measures adopted by the Commission may include the determination of: (a) precautionary reference pointspoints above which the sustainability of fishery resources and associated and dependent species as well as the functionality of the marine ecosystem is ensured; (b) the actions to be taken if those reference points are approached or exceeded; (c) the nature and extent of fishing for any fishery resource including the establishment of a total allowable catch or total allowable fishing effort; (d) the general or specific locations in which fishing may occur; (e) the periods in which fishing may occur; (f) the size limits in respect of the catch which may be retained; (g) the types of fishing gear, fishing technology, or fishing practices which may be used when fishing. 34. In determining a total allowable catch or total allowable fishing effort for any fishery resource under paragraph 2(c3(c) of this article, the Commission shall take into account the following factors: (a) the status and stage of development of the fishery resource; (b) fishing patterns of the fishery resource; (c) catch of the same fishery resource within areas under national jurisdiction where relevantjurisdiction; (d) an allowance for discards and any other incidental mortality (e) catch of associated or dependent species and impacts on the marine ecosystems in which the fishery resource occurs; (f) relevant ecological and biological factors limiting the nature of fishery resources that may be harvested; (g) relevant environmental factors, including trophic interactions factors which may have an effect upon the fishery resource and associated or dependent species; (h) as appropriate, relevant conservation and management measures adopted by other intergovernmental organisations. The Commission shall regularly review the total allowable catch or total allowable fishing effort established for any fishery resource. (a) For a fishery resource that straddles an area under the national jurisdiction of a coastal State Contracting Party or Parties and the adjacent high seas of the Convention Area: (i) , the Commission shall establish a total allowable catch or total allowable fishing effort and other conservation and management measuresshall, as appropriate, for the Convention Area. The Commission and the coastal State Contracting Party or Parties concerned shall cooperate in the coordination of their respective conservation and management measures in accordance with Article 4 of this convention; (ii) with the express consent of the coastal State Contracting Party or Parties concerned, the Commission may establish, in accordance with Xxxxx XXX Annex III of this conventionConvention, and as appropriate, a total allowable catch or total allowable fishing effort effort, that will apply throughout the range of the fishery resource; (iiib) in In the case where a fishery resource straddles areas under the national jurisdiction of more than one coastal State Contracting Party and the adjacent high seas of the Convention Area, and one or more of the coastal State Contracting Parties does not consent to a total allowable catch or total allowable fishing effort that will apply throughout the range of the fishery resource, the Commission may establish, as appropriate, a total allowable catch or total allowable fishing effort that will apply in the areas of national jurisdiction of the consenting coastal State Contracting Party or Parties and the adjacent high seas of the Convention Area. Xxxxx XXX will apply mutatis mutandis to the establishment of this total allowable catch or total allowable fishing effort by the Commission. (bc) In cases covered by (a)(iia) or (a)(iiib) of this paragraphabove, other complementary conservation and management measures may be adopted so as to ensure sustainable conservation and management of the fishery resource throughout its range. To give effect to this paragraph, such measures may be adopted, in accordance with the principles of compatibility outlined in Article 4, by the Commission for the high seas and the coastal State Contracting Party or Parties concerned for their exclusive economic zones; and by the Commissionmay adopt, with the consent of the coastal State Contracting Party or Parties concerned, for measures that other conservation and management measures, which will apply throughout the range of the fishery resource. (cd) If the Commission does not take action under paragraphs (a) or (b) above, it shall adopt conservation and management measures including, as appropriate, a total allowable catch or total allowable fishing effort for the straddling fishery resource that apply only in the adjacent high seas of the Convention Area. The Commission and the coastal State Contracting Party or Parties concerned shall cooperate in the coordination of their respective conservation and management measures in accordance with article 4 of this Convention. (e) All conservation and management measures, including a total allowable catch or total allowable fishing effort, effort adopted by the Commission under this paragraph, and in accordance with subparagraphs (a)(ii)Xxxxx XXX, (a)(iii) and (b) of this paragraph in relation to a straddling fishery resource are without prejudice to and do not affect the sovereign rights of coastal States for the purpose of exploring and exploiting, conserving and managing the living marine resources within areas under national jurisdiction in accordance with international law, as reflected in the relevant provisions of under the 1982 Convention and the 1995 Agreement, Agreement and do not in any other respect affect the area of application of this convention the Convention established by Article article 5. (a) 6. The Commission shall adopt measures to be applied on an emergency basis, in accordance with Article article 15, including intersessionally, if necessary, where fishing presents a serious threat to the sustainability of fishery resources or the marine ecosystem in which these fisheries resources occur or when a natural phenomenon or human caused disaster has, or is likely to have, has a significant adverse impact on the status of fishery resources to ensure that fishing does not exacerbate such threat or adverse impact. (b) . Measures taken on an emergency basis shall be temporary and shall be based on the best scientific evidence available. Such measures shall be temporary and must be reconsidered at the next meeting of the Commission following their adoption. The measures shall become binding on the Contracting Parties in accordance with Article 16 paragraph 1. They shall not be open to the objection procedure in Article 16 paragraph 2 but may be the subject of dispute settlement procedures under Article 35. 67. The conservation and management measures adopted by the Commission shall be progressively developed and integrated into management strategies or plans that set out the management objectives for each fishery resource, the reference points against which to measure progress in relation to those objectives, the indicators to be used in relation to those reference points and the measures to be taken in response to particular indicator levels.

CONSERVATION AND MANAGEMENT MEASURES. 1. The conservation and management measures adopted by the Commission shall include measures to: (a) ensure the long-term sustainability of fishery resources and promote the objective of their responsible utilisation; (b) prevent or eliminate over-fishing overfishing and excess fishing capacity to ensure that levels of fishing effort do not exceed those commensurate with the sustainable use of fishery resources; (c) maintain or restore populations of non-target and associated and or dependent species to above levels at which their reproduction repro­ duction may become seriously threatened;; and (d) protect the habitats and marine ecosystems in which fishery resources and non-target and associated and or dependent species occur from the impacts of fishing, including measures to prevent significant adverse impacts on vulnerable marine ecosystems and precautionary measures where substantial uncertainty exists as to the presence of it cannot adequately be determined whether vulnerable marine ecosystems are present or the whether fishing would cause significant adverse impacts of particular fishing activities on such vulnerable marine ecosystems. 2. The specific conservation and management measures adopted by the Commission may shall, as appropriate, include the determination of: (a) reference points, including precautionary reference pointspoints as described in Xxxxx XX of the 1995 Agreement; (b) the actions to be taken if those reference points are approached or exceeded; (c) the nature and extent of fishing for any fishery resource including the establishment of a total allowable catch or total allowable fishing effort; (d) the general or specific locations in which fishing may or may not occur; (e) the periods in which fishing may or may not occur; (f) the size limits in respect of the catch which may be retained;; and (g) the types of fishing gear, fishing technology, or fishing practices which may be used when fishing. 3. In determining a total allowable catch or total allowable fishing effort for any fishery resource under paragraph 2(c) of this article2 (c), the Commission shall take into account the following factors: (a) the status and stage of development of the fishery resource; (b) fishing patterns of the fishery resource; (c) catch of the same fishery resource within areas under national jurisdiction where relevant; (d) an allowance for discards and any other incidental mortality; (e) catch of non-target and associated or dependent species and impacts on the marine ecosystems in which the fishery resource occurs; (f) relevant ecological and biological factors limiting the nature of fishery resources that may be harvested; (g) relevant environmental factors, including trophic interactions which may have an effect upon the fishery resource and non-target and associated or dependent species;; and (h) as appropriate, relevant conservation and management measures adopted by other intergovernmental organisations. The Commission shall regularly review the total allowable catch or total allowable fishing effort established for any fishery resource. (4. a) For a fishery resource that straddles the Convention Area and an area under the national jurisdiction of a coastal State Contracting Party or Parties and the adjacent high seas of the Convention AreaParties: (i) the Commission shall establish a total allowable catch or total allowable fishing effort and other conservation and management measures, as appropriateappro­ priate, for the Convention Area. The Commission and the coastal State Contracting Party or Parties concerned shall cooperate in the coordination of their respective conservation and management measures in accordance with Article 4 of this conventionConvention; (ii) with the express consent of the coastal State Contracting Party or Parties concerned, the Commission may establish, in accordance with Xxxxx XXX of this conventionConvention, and as appropriate, a total allowable catch or total allowable fishing effort that will apply throughout the range of the fishery resource;; and (iii) in the case where one or more of the coastal State Contracting Parties does not consent to a total allowable catch or total allowable fishing effort that will apply throughout the range of the fishery resource, the Commission may establish, as appropriate, a total allowable catch or total allowable fishing effort that will apply in the areas of national jurisdiction of the consenting coastal State Contracting Party or Parties and the adjacent high seas of the Convention Area. Xxxxx XXX will apply apply, mutatis mutandis mutandis, to the establishment of this total allowable catch or total allowable fishing effort by the Commission. (b) In cases covered by (a)(ii) or (a)(iii) of this paragraph, other complementary conservation and management measures may be adopted so as to ensure sustainable conservation and management of the fishery resource throughout its range. To give effect to this paragraph, such measures may be adopted, in accordance with the principles of compatibility outlined in Article 4, by the Commission for the high seas and the coastal State Contracting Party or Parties concerned for their exclusive economic zones; and by the Commission, with the consent of the coastal State Contracting Party or Parties concerned, for measures that will apply throughout the range of the fishery resource. (c) All conservation and management measures, including a total allowable catch or total allowable fishing effort, adopted by the Commission in accordance with subparagraphs (a)(ii), (a)(iii) and (b) of this paragraph are without prejudice to and do not affect the sovereign rights of coastal States for the purpose of exploring and exploiting, conserving and managing the living marine resources within areas under national jurisdiction in accordance with international law, as reflected in the relevant provisions of the 1982 Convention and the 1995 Agreement, and do not in any other respect affect the area of application of this convention established by Article 5. (a) The Commission shall adopt measures to be applied on an emergency basis, in accordance with Article 15, including intersessionally, if necessary, where fishing presents a serious threat to the sustainability of fishery resources or the marine ecosystem in which these fisheries resources occur or when a natural phenomenon or human caused disaster has, or is likely to have, a significant adverse impact on the status of fishery resources to ensure that fishing does not exacerbate such threat or adverse impact. (b) Measures taken on an emergency basis shall be based on the best scientific evidence available. Such measures shall be temporary and must be reconsidered at the next meeting of the Commission following their adoption. The measures shall become binding on the Contracting Parties in accordance with Article 16 paragraph 1. They shall not be open to the objection procedure in Article 16 paragraph 2 but may be the subject of dispute settlement procedures under Article 35. 6. The conservation and management measures adopted by the Commission shall be progressively developed and integrated into management strategies or plans that set out the management objectives for each fishery resource, the reference points against which to measure progress in relation to those objectives, the indicators to be used in relation to those reference points and the measures to be taken in response to particular indicator levels.