Common use of Functions of the Commission Clause in Contracts

Functions of the Commission. 1. The Commission shall, in accordance with the principles set out in Article 3 and based on the best scientific information available and the advice of the Scientific Committee: (a) adopt conservation and management measures to ensure the long-term sustainability of the fisheries resources within the Convention Area, including the total allowable catch or total allowable level of fishing effort for those fisheries resources as the Commission may decide; (b) ensure that levels of total allowable catch or total allowable level of fishing effort are in accordance with the advice and recommendations of the Scientific Committee; (c) adopt, where necessary, conservation and management measures for species belonging to the same ecosystem or dependent upon or associated with the target stocks; (d) adopt, where necessary, management strategies for any fisheries resources and for species belonging to the same ecosystem or dependent upon or associated with the target stocks, as may be necessary to achieve the objective of this Convention; (e) adopt conservation and management measures to prevent significant adverse impacts on vulnerable marine ecosystems in the Convention Area, including but not limited to: (i) measures for conducting and reviewing impact assessments to determine if fishing activities would produce such impacts on such ecosystems in a given area; (ii) measures to address unexpected encounters with vulnerable marine ecosystems in the course of normal bottom fishing activities; and (iii) as appropriate, measures that specify locations in which fishing activities shall not occur; (f) determine the nature and extent of participation in existing fisheries, including through the allocation of fishing opportunities; (g) establish by consensus the terms and conditions for any new fisheries in the Convention Area and the nature and extent of participation in such fisheries, including through the allocation of fishing opportunities; and (h) agree on means by which the fishing interests of new Contracting Parties may be accommodated in a manner consistent with the need to ensure the long-term sustainability of the fisheries resources covered by this Convention. 2. The Commission shall adopt measures to ensure effective monitoring, control and surveillance, as well as compliance with and enforcement of the provisions of this Convention and measures adopted pursuant to this Convention. To this end, the Commission shall: (a) establish procedures for the regulation and monitoring of transshipment of fisheries resources and products of fisheries resources taken in the Convention Area, including notification to the Commission of the location and quantity of any transshipment; (b) develop and implement a North Pacific Ocean Fisheries Observer Program (“Observer Program”), taking into account relevant international standards and guidelines; (c) establish procedures for the boarding and inspection of fishing vessels in the Convention Area; (d) establish appropriate cooperative mechanisms for effective monitoring, control and surveillance to ensure enforcement of the conservation and management measures adopted by the Commission including mechanisms to prevent, deter and eliminate IUU fishing; (e) develop standards, specifications and procedures for members of the Commission to report movements and activities using real-time satellite position-fixing transmitters for vessels engaged in fishing activities in the Convention Area and, in accordance with those procedures, coordinate timely dissemination of data collected from members’ satellite vessel monitoring systems; (f) establish procedures by which entry into and exit from the Convention Area of fishing vessels catching or planning to catch fisheries resources in the Convention Area are notified to the Commission in a timely manner; (g) establish, where appropriate, non-discriminatory market-related measures consistent with international law to prevent, deter and eliminate IUU fishing; and (h) establish procedures for reviewing compliance with the provisions of this Convention and measures adopted pursuant to this Convention. 3. The Commission shall: (a) adopt and/or amend as necessary, by consensus, the rules for the conduct of its meetings and for the exercise of its functions, including Rules of Procedure, Financial Regulations and other regulations; (b) adopt a plan of work and terms of reference for the Scientific Committee, for the Technical and Compliance Committee and, as necessary, for other subsidiary bodies; (c) refer to the Scientific Committee any question pertaining to the scientific basis for the decisions the Commission may need to take concerning conserving and managing fisheries resources and species belonging to the same ecosystem or dependent upon or associated with the target stocks and assessing and addressing the impacts of fishing activities on vulnerable marine ecosystems; (d) establish the terms and conditions for any experimental, scientific, and exploratory fishing activities in the Convention Area and determine the scope of any cooperative scientific research on fisheries resources, vulnerable marine ecosystems, and species belonging to the same ecosystem or dependent upon or associated with the target stocks; (e) adopt and amend from time to time a list of indicator species for vulnerable marine ecosystems for which directed fishing shall be prohibited; (f) direct the external relations of the Commission; and (g) perform such other functions and carry out such other activities as may be necessary to promote the objective of this Convention.

Functions of the Commission. 1. The Commission shall, in accordance with the principles set out in Article 3 and based on the best scientific information available and the advice of the Scientific Committee: (a) : adopt conservation and management measures to ensure the long-term sustainability of the fisheries resources within the Convention Area, including the total allowable catch or total allowable level of fishing effort for those fisheries resources as the Commission may decide; (b) ; ensure that levels of total allowable catch or total allowable level of fishing effort are in accordance with the advice and recommendations of the Scientific Committee; (c) ; adopt, where necessary, conservation and management measures for species belonging to the same ecosystem or dependent upon or associated with the target stocks; (d) ; adopt, where necessary, management strategies for any fisheries resources and for species belonging to the same ecosystem or dependent upon or associated with the target stocks, as may be necessary to achieve the objective of this Convention; (e) ; adopt conservation and management measures to prevent significant adverse impacts on vulnerable marine ecosystems in the Convention Area, including but not limited to: (i) measures for conducting and reviewing impact assessments to determine if fishing activities would produce such impacts on such ecosystems in a given area; (ii) measures to address unexpected encounters with vulnerable marine ecosystems in the course of normal bottom fishing activities; and (iii) as appropriate, measures that specify locations in which fishing activities shall not occur; (f) ; determine the nature and extent of participation in existing fisheries, including through the allocation of fishing opportunities; (g) ; establish by consensus the terms and conditions for any new fisheries in the Convention Area and the nature and extent of participation in such fisheries, including through the allocation of fishing opportunities; and (h) and agree on means by which the fishing interests of new Contracting Parties may be accommodated in a manner consistent with the need to ensure the long-term sustainability of the fisheries resources covered by this Convention. 2. The Commission shall adopt measures to ensure effective monitoring, control and surveillance, as well as compliance with and enforcement of the provisions of this Convention and measures adopted pursuant to this Convention. To this end, the Commission shall: (a) : establish procedures for the regulation and monitoring of transshipment of fisheries resources and products of fisheries resources taken in the Convention Area, including notification to the Commission of the location and quantity of any transshipment; (b) ; develop and implement a North Pacific Ocean Fisheries Observer Program (“Observer Program”), taking into account relevant international standards and guidelines; (c) ; establish procedures for the boarding and inspection of fishing vessels in the Convention Area; (d) ; establish appropriate cooperative mechanisms for effective monitoring, control and surveillance to ensure enforcement of the conservation and management measures adopted by the Commission including mechanisms to prevent, deter and eliminate IUU fishing; (e) ; develop standards, specifications and procedures for members of the Commission to report movements and activities using real-time satellite position-fixing transmitters for vessels engaged in fishing activities in the Convention Area and, in accordance with those procedures, coordinate timely dissemination of data collected from members’ satellite vessel monitoring systems; (f) ; establish procedures by which entry into and exit from the Convention Area of fishing vessels catching or planning to catch fisheries resources in the Convention Area are notified to the Commission in a timely manner; (g) ; establish, where appropriate, non-discriminatory market-related measures consistent with international law to prevent, deter and eliminate IUU fishing; and (h) and establish procedures for reviewing compliance with the provisions of this Convention and measures adopted pursuant to this Convention. 3. The Commission shall: (a) : adopt and/or amend as necessary, by consensus, the rules for the conduct of its meetings and for the exercise of its functions, including Rules of Procedure, Financial Regulations and other regulations; (b) ; adopt a plan of work and terms of reference for the Scientific Committee, for the Technical and Compliance Committee and, as necessary, for other subsidiary bodies; (c) ; refer to the Scientific Committee any question pertaining to the scientific basis for the decisions the Commission may need to take concerning conserving and managing fisheries resources and species belonging to the same ecosystem or dependent upon or associated with the target stocks and assessing and addressing the impacts of fishing activities on vulnerable marine ecosystems; (d) ; establish the terms and conditions for any experimental, scientific, and exploratory fishing activities in the Convention Area and determine the scope of any cooperative scientific research on fisheries resources, vulnerable marine ecosystems, and species belonging to the same ecosystem or dependent upon or associated with the target stocks; (e) ; adopt and amend from time to time a list of indicator species for vulnerable marine ecosystems for which directed fishing shall be prohibited; (f) ; direct the external relations of the Commission; and (g) and perform such other functions and carry out such other activities as may be necessary to promote the objective of this Convention.