CONVENTION FOR THE CONSERVATION OF SALMON IN THE NORTH

ATLANTIC OCEAN

Reykjavik, 2 March 1982

 

The Parties to this Convention,

Recognizing that salmon originating in the rivers of different

States intermingle in certain parts of the North Atlantic Ocean,

Taking into account international law, the provisions on

anadromous stocks of fish in the Draft Convention of the Third

United Nations Conference on the Law of the Sea and other

developments in international fora relating to anadromous stocks,

Desiring to promote the acquisition, analysis and dissemination

of scientific information pertaining to salmon stocks in the North

Atlantic Ocean,

Desiring to promote the conservation, restoration, enhancement

and rational management of salmon stocks in the North Atlantic

Ocean through international co-operation,

Have agreed as follows:

 

Article 1

1. This Convention applies to the salmon stocks which migrate

beyond areas of fisheries jurisdiction of coastal States of the

Atlantic Ocean north of 36 deg N latitude throughout their

migratory range.

2. Nothing in this Convention shall affect the rights, claims or

views of any Party with regard to the limits or extent of

jurisdiction over fisheries, nor shall it prejudice the views or

positions of any Party with respect to the law of the sea.

 

Article 2

1. Fishing of salmon is prohibited beyond areas of fisheries

jurisdiction of coastal States.

2. Within areas of fisheries jurisdiction of coastal States,

fishing of salmon is prohibited beyond 12 nautical miles from the

baselines from which the breadth of the territorial sea is

measured, except in the following areas:

(a) in the West Greenland Commission area, up to 40 nautical miles

from the baselines; and

(b) in the North-East Atlantic Commission area, within the area of

fisheries jurisdiction of the Faroe Islands.

3. The Parties shall invite the attention of any State not a Party

to this Convention to any matter relating to the activities of the

vessels of that State which appears to affect adversely the

conservation, restoration, enhancement or rational management of

salmon stocks subject to this Convention or the implementation of

the Convention.

 

Article 3

1. There is hereby established an international organization that

shall be known as the North Atlantic Salmon Conservation

Organization, hereinafter referred to as the "Organization".

2. The objective of the Organization shall be to contribute

through consultation and co-operation to the conservation,

restoration, enhancement and rational management of salmon stocks

subject to this Convention, taking into account the best

scientific evidence available to it.

3. The Organization shall consist of:

(a) a Council;

(b) three regional Commissions:

Ņa North American Commission,

Ņa West Greenland Commission, and

Ņa North-East Atlantic Commission;

(c) a Secretary.

4. The areas of the Commissions shall be as follows:

(a) North American Commission: maritime waters within areas of

fisheries jurisdiction of coastal States off the east coast of

North America;

(b) West Greenland Commission: maritime waters within the area of

fisheries jurisdiction off the coast of West Greenland west of a

line drawn along 44 deg W longitude south to 59 deg N latitude,

thence due east to 42 deg W longitude and thence due south; and

(c) North-East Atlantic Commission: maritime waters east of the

line referred to in subparagraph (b).

5. The Organization shall have legal personality and shall enjoy

in the territories of the Parties and in its relations with other

international organizations such legal capacity as may be

necessary to perform its functions and achieve its ends. The

immunities and privileges which the Organization, its officers and

staff and representatives of the Parties shall enjoy in the

territory of a State shall be subject to agreement between the

Organization and the State concerned.

6. The official languages of the Organization shall be English and

French.

7. The office of the Organization shall be at Edinburgh or at such

other place as the Council may decide.

 

Article 4

1. The functions of the Council shall be:

(a) to provide a forum for the study, analysis and exchange of

information among the Parties on matters concerning the salmon

stocks subject to this Convention, and on the achievement of the

objective of the Convention;

(b) to provide a forum for consultation and cooperation on matters

concerning the salmon stocks in the North Atlantic Ocean beyond

Commission areas;

(c) to facilitate the co-ordination of the activities of the

Commissions and to co-ordinate the initiatives of the Parties

under article 2, paragraph 3;

(d) to establish working arrangements with the International

Council for the Exploration of the Sea and other appropriate

fisheries and scientific organizations;

(e) to make recommendations to the Parties, the International

Council for the Exploration of the Sea or other appropriate

fisheries and scientific organizations concerning the undertaking

of scientific research;

(f) to supervise and co-ordinate the administrative, financial and

other internal affairs of the Organization, including the

relations among its constituent bodies;

(g) to co-ordinate the external relations of the Organization; and

(h) to perform such other functions as are conferred on it by this

Convention.

2. The Council shall have the authority to make recommendations to

the Parties and the Commissions on matters concerning salmon

stocks subject to this Convention, including the enforcement of

laws and regulations, provided that no recommendation shall be

made concerning the management of salmon harvests within the area

of fisheries jurisdiction of a Party.

3. Notwithstanding paragraph 2, upon the specific request of a

Commission, the Council shall have the authority to make

recommendations to that Commission on regulatory measures which

the Commission may propose pursuant to this Convention.

 

Article 5

1. Each Party shall be a member of the Council and may appoint to

the Council not more than three representatives who may be

accompanied at its meetings by experts and advisers.

2. The Council shall elect a President and Vice-President who

shall serve for two years. They shall be eligible for re-election,

provided that they do not serve for more than four years in

succession in each office. The President and Vice-President shall

not be representatives of the same Party.

3. The President of the Council shall be the principal

representative of the Organization.

4. The President shall convene a regular annual meeting of the

Council and the Commissions at a time and place determined by the

Council.

5. Upon the request of a Party with the concurrence of another

Party the President shall call meetings of the Council other than

annual meetings at such time and place as the President may

determine.

6. The Council shall submit to the Parties an annual report of the

activities of the Organization.

 

Article 6

1. The Council shall adopt its rules of procedure.

2. Each member of the Council shall have one vote in its

proceedings.

3. Except where otherwise provided, decisions of the Council shall

be taken by a three-quarters majority of the votes of the members

present and casting an affirmative or negative vote. No vote shall

be taken unless two thirds of the members are present.

 

Article 7

1. The functions of the North American Commission with regard to

its area shall be:

(a) to provide a forum for consultation and cooperation between

the members:

(i) on matters related to minimizing catches in the area of

fisheries jurisdiction of one member of salmon originating in the

rivers of another Party,

(ii) in cases where activities undertaken or proposed by one

member affect salmon originating in the rivers of the other member

because, for example, of biological interactions;

(b) to propose regulatory measures for salmon fisheries under the

jurisdiction of a member which harvest amounts of salmon

significant to the other member in whose rivers that salmon

originates, in order to minimize such harvests;

(c) to propose, regulatory measures for salmon fisheries under the

jurisdiction of a member which harvest amounts of salmon

significant to another Party in whose rivers that salmon

originates; and

(d) to make recommendations to the Council concerning the

undertaking of scientific research.

2. Each member shall, with respect to its vessels and the area

under its fisheries jurisdiction, take the measures necessary to

minimize by-catches of salmon originating in the rivers of the

other member.

3. Fishing patterns in salmon fisheries in the North American

Commission area shall not be altered in a manner which results in

the initiating of fishing or increase in catches of salmon

originating in the rivers of another Party, except with the

consent of the latter.

 

Article 8

The functions of the West Greenland Commission and the North-East

Atlantic Commission with regard to their respective areas shall

be:

(a) to provide a forum for consultation and cooperation among the

members concerning the conservation, restoration, enhancement and

rational management of salmon stocks subject to this Convention,

(b) to propose regulatory measures for fishing in the area of

fisheries jurisdiction of a member of salmon originating in the

rivers of other Parties; and

(c) to make recommendations to the Council concerning the

undertaking of scientific research.

 

Article 9

In exercising the functions set out in articles 7 and 8, a

Commission shall take into account:

(a) the best available information, including advice from the

International Council for the Exploration of the Sea and other

appropriate scientific organizations;

(b) measures taken and other factors, both inside and outside the

Commission area, that affect the salmon stocks concerned;

(c) the efforts of States of origin to implement and enforce

measures for the conservation, restoration

enhancement and rational management of salmon stocks in their

rivers and areas of fisheries jurisdiction, including measures

referred to in article 15, paragraph 5 (b);

(d) the extent to which the salmon stocks concerned feed in the

areas of fisheries jurisdiction of the respective Parties;

(e) the relative effects of harvesting salmon at different stages

of their migration routes;

(f) the contribution of Parties other than States of origin to the

conservation of salmon stocks which migrate into their areas of

fisheries jurisdiction by limiting their catches of such stocks or

by other measures; and

(g) the interests of communities which are particularly dependent

on salmon fisheries.

 

Article 10

1. The Parties shall be members of the Commissions as follows:

(a) North American Commission: Canada and the United States of

America;

(b) West Greenland Commission: Canada, the European Economic

Community and the United States of America;

(c) North-East Atlantic Commission: Denmark in respect of the

Faroe Islands, the European Economic Community, Iceland, Norway

and Sweden.

2. At its first meeting the Council shall review and may by

unanimous vote modify the membership of the West Greenland

Commission.

3. A Party not mentioned in paragraph 1 (b) may, at the request

and upon the unanimous decision of the Council, become a member of

the West Greenland Commission or the North-East Atlantic

Commission if it is a State of origin for significant quantities

of salmon occurring in the respective Commission area or if it

exercises fisheries jurisdiction in that area.

4. Parties may participate as observers in the deliberations of a

Commission of which they are not members.

5. Each member may appoint to a Commission not more than three

representatives who may be accompanied at its meetings by experts

and advisers.

6. Each Commission shall elect a Chairman and Vice-Chairman who

shall serve for two years. They shall be eligible for re-election,

provided that they not serve for more than four years in

succession in each office. The Chairman and Vice-Chairman shall

not be representatives of the same member.

7. Upon the request of a member of a Commission with the

concurrence of another member the Chairman shall call meetings of

the Commission other than annual meetings at such time and place

as the Chairman may determine.

8. Each Commission shall, on a timely basis, make a report of its

activities to the Council.

 

Article 11

1. Each Commission shall adopt its rules of procedure.

2. Each member of a Commission shall have one vote in its

proceedings. In addition, in the case of the North American

Commission, the European Economic Community shall have the right

to submit and vote on proposals for regulatory measures concerning

salmon stocks originating in the territories referred to in

article 18. In the case of the North-East Atlantic Commission,

Canada and the United States of America shall each have the right

to submit and vote on proposals for regulatory measures concerning

salmon stocks originating in the rivers of Canada or the United

States of America, respectively, and occurring off East Greenland.

3. Decisions of a Commission shall be taken by the unanimous vote

of those present and casting an affirmative or negative vote. No

vote shall be taken unless two thirds of those entitled to vote on

the matter concerned are present.

 

Article 12

1. The Council shall appoint a Secretary, who shall be the chief

administrative officer of the Organization.

2. The functions of the Secretary shall be:

(a) to provide administrative services to the Organization;

(b) to compile and disseminate statistics and reports concerning

the salmon stocks subject to this Convention; and

(c) to perform such functions as follow from other provisions of

this Convention or as the Council may determine.

3. The Council shall determine the conditions of employment of the

Secretary and staff.

4. The Secretary shall appoint the staff in accordance with

staffing requirements approved by the Council. The staff shall be

responsible to the Secretary, subject to the general supervision

of the Council.

 

Article 13

1. The Secretary shall, without undue delay, notify the members of

a Commission of any regulatory measure proposed by that

Commission.

2. Subject to paragraph 3, a regulatory measure proposed by a

Commission under article 7, paragraph 1 (b) or (c), or article 8,

sub-paragraph (b), shall become binding on its members 60 days

after the date specified in the Secretary's notification or, if a

later date is determined by the Commission, on such date.

3. Any member in whose areas of fisheries jurisdiction a

regulatory measure would apply may, within 60 days of the date

specified in the Secretary's notification, lodge an objection to

it. In this case the regulatory measure shall not become binding

on any member. A member which has lodged an objection may at any

time withdraw it. Thirty days after all objections are withdrawn

the regulatory measure shall become binding, subject to paragraph

2.

4. After the expiration of one year from the date on which a

regulatory measure becomes binding, any member in whose area of

fisheries jurisdiction the regulatory measure applies may denounce

it by written notice to the Secretary. The Secretary shall

immediately inform the other members of such denunciation. The

regulatory measure shall cease to be binding on all members 60

days after the date of receipt by the Secretary of the notice of

denunciation or, if a later date is indicated by the member, on

such date.

5. A Commission may propose an emergency regulatory measure having

effect prior to the expiration of the 60-day period referred to in

paragraph 2. The members shall make best efforts to implement the

measure, unless there is an objection by a member within 30 days

after the Commission has proposed it.

 

Article 14

1. Each Party shall ensure that such action is taken, including

the imposition of adequate penalties for violation, as may be

necessary to make effective the provisions of this Convention and

to implement regulatory measures which become binding on it under

article 13.

2. Each Party shall transmit to the Council an annual statement of

the actions taken pursuant to paragraph 1. Such statement shall be

sent to the Secretary not later than 60 days before the annual

meeting of the Council.

 

Article 15

1. Each Party shall provide to the Council available catch

statistics for salmon stocks subject to this Convention taken in

its rivers and area of fisheries jurisdiction at such intervals as

the Council may determine.

2. Each Party shall compile and provide to the Council such other

statistics for salmon stocks subject to this Convention in its

rivers and area of fisheries jurisdiction as required by the

Council. The Council shall decide by unanimous vote the scope and

form of such statistics and the intervals at which they shall be

provided.

3. Each Party shall provide the Council with any other available

scientific and statistical information which it requires for the

purposes of this Convention.

4. Upon the request of the Council each Party shall provide to the

Council copies of laws, regulations and programmes in force or,

where appropriate, summaries thereof, relating to the

conservation, restoration, enhancement and rational management of

salmon stocks subject to this Convention in its rivers and area of

fisheries jurisdiction.

5. Each year each Party shall notify the Council of:

(a) the adoption or repeal since its last notification of laws,

regulations and programmes relating to the conservation,

restoration, enhancement and rational management of salmon stocks

subject to this Convention in its rivers and area of fisheries

jurisdiction;

(b) any commitments by the responsible authorities concerning the

adoption or maintenance in force for specified periods of time

within its territory or area of fisheries jurisdiction of measures

relating to the conservation, restoration, enhancement and

rational management of salmon stocks subject to this Convention;

and

(c) factors within its territory and area of fisheries

jurisdiction which may significantly affect the abundance of

salmon stocks subject to this Convention.

6. The notifications referred to in paragraph 5 (a) shall be sent

to the Secretary not later than 60 days before the annual meeting

of the Council. The notifications referred to in paragraph 5 (b)

and (c) shall be sent to the Secretary as soon as practicable.

 

Article 16

1. The Council shall adopt an annual budget for the Organization.

The Secretary shall transmit a draft budget to the Parties,

together with a schedule of contributions, not later than 60 days

before the meeting of the Council at which the budget is to be

considered.

2. The Council shall determine the annual contribution of each

Party according to the following formula:

(a) 30% of the budget shall be divided equally among the Parties:

and

(b) 70% of the budget shall be divided among the Parties in

proportion to their nominal catches of salmon subject to this

Convention in the calendar year ending not more than 18 months and

not less than 6 months before the beginning of the financial year.

3. The Secretary shall notify each Party of its contribution.

Contributions shall be paid not later than four months after the

date of such notification.

4. Contributions shall be payable in the currency of the State in

which the office of the Organization is located, unless the

Council decides otherwise.

5. The contribution of a Party for which this Convention has

entered into force during the course of a financial year shall for

that year be a part of the annual contribution proportional to the

number of complete months remaining in the year from the date of

entry into force for that Party.

6. A Party which has not paid its contributions for two

consecutive years shall not he entitled to vote under this

Convention until it has fulfilled its obligations, unless the

Council decides otherwise.

7. The financial affairs of the Organization shall be audited

annually by external auditors to be selected by the Council.

 

Article 17

1. This Convention shall be open for signature at Reykjavik from 2

March to 31 August 1982 by Canada, Denmark in respect of the Faroe

Islands, the European Economic Community, Iceland, Norway, Sweden

and the United States of America.

2. This Convention shall be subject to ratification or approval.

3. This Convention shall be open for accession by the parties

referred to in paragraph 1 and, subject to the approval of the

Council, by any other State that exercises fisheries jurisdiction

in the North Atlantic Ocean or is a State of origin for salmon

stocks subject to this Convention.

4. Instruments of ratification, approval or accession shall be

deposited with the Depositary.

5. This Convention shall enter into force on the first day of the

month following the deposit of instruments of ratification,

approval or accession by four Parties, provided that among the

four Parties are two members of each Commission and that at least

one of the two members of each Commission exercises fisheries

jurisdiction in the Commission area.

6. For each Party ratifying, approving or acceding to this

Convention after the deposit of the requisite instruments of

ratification, approval or accession under paragraph 5, it shall

enter into force on the date of entry into force of the Convention

or on the date of deposit of the instrument of ratification,

approval or accession, whichever is the later.

7. The Depositary shall inform the signatories and acceding

Parties of the deposit of all instruments of ratification,

approval and accession and shall notify the signatories and

acceding Parties of the date and the Parties in respect of which

the Convention enters into force.

8. The Depositary shall call the first meeting of the Council and

the Commissions as soon as practicable after the entry into force

of this Convention.

 

Article 18

This Convention shall apply, insofar as the European Economic

Community is concerned, to the territories in which the Treaty

establishing the European Economic Community is applied and under

the conditions laid down in that Treaty.

 

Article 19

1. Any Party may propose amendments to this Convention to be

considered by the Council. A proposed amendment shall be sent to

the Secretary not later than 90 days before the meeting at which

it is proposed to be considered. The Secretary shall immediately

transmit the proposed amendment to the Parties.

2. The adoption of an amendment by the Council shall require the

unanimous vote of the Parties present and casting an affirmative

or negative vote. The text of an amendment so adopted shall be

transmitted by the Secretary to the Depositary which shall

immediately notify the Parties thereof.

3. An amendment shall enter into force for all Parties 30 days

after the date specified in the notification by the Depositary of

receipt from all Parties of instruments of ratification or

approval.

4. A Party which becomes bound by this Convention after an

amendment has entered into force in accordance with paragraph 3

shall be considered as a Party to the Convention as amended.

5. The Depositary shall immediately notify all Parties of the

receipt of instruments of ratification or approval and the entry

into force of amendments.

 

Article 20

1. Any Party may denounce this Convention with effect from 31

December of any year by giving notice to the Depositary on or

before the preceding 30 June. The Depositary shall immediately

inform the other Parties of such denunciation.

2. Any other Party may denounce this Convention with effect from

the same 31 December by giving notice to the Depositary within 30

days of the date on which the Depositary informed the Parties of a

denunciation under paragraph 1.

 

Article 21

1. The original of this Convention shall be deposited with the

Council of the European Communities, referred to in the Convention

as the "Depositary", which shall transmit certified copies thereof

to all signatories and acceding Parties.

2. The Depositary shall register this Convention in accordance

with article 102 of the Charter of the United Nations.