Convention on the Determination of the Minimal Conditions for Access and Exploitation of Marine Resources within the Maritime Areas under Jurisdiction of the Member States of the Sub-Regional Fisheries Commission (SRFC) (2012)

• Jurisdiction: South Africa
• Citation: 2017 JOLGA 159
• Author: None
• Pages: 159-175
• Published date: 22 May 2019
• Date: 22 May 2019

159

CONVENTION ON THE

DETERMINATION OF THE

MINIMAL CONDITIONS FOR

ACCESS AND EXPLOITATION

OF MARINE RESOURCES

WITHIN THE MARITIME AREAS

UNDER JURISDICTION OF THE

MEMBER STATES OF THE

SUB-REGIONAL FISHERIES

COMMISSION (SRFC)

The Government of the Republic of Cape Verde, the Government

of the Republic of The Gambia, the Government of the Republic

of Guinea, the Government of the Republic of Guinea-Bissau, the

Government of the Islamic Republic of Mauritania, the Government

of the Republic of Senegal, the Government of the Republic of

Sierra Leone

CONSIDERING the United Nations Convention on the Law of the

Sea signed in Montego Bay on 10 December 1982, especially its

provisions calling for the signing of regional and sub-regional

cooperation agreements in the fisheries sector as well as the

other relevant international treaties;

REAFFIRMING their commitment in support of the principles

and standards stipulated in the FAO Code of Conduct for

Responsible Fishing;

RECALLING their will to implement the International Plan of

Action to Prevent, Deter and Eliminate Illegal, Unreported and

Unregulated Fishing endorsed in 2001 by the Council of the

United Nations Food and Agriculture Organisation (FAO);

AWARE of the need to implement the international provisions on

maritime safety and the preservation of the marine environment

enacted by the International Maritime Organisation (IMO);

CONSIDERING the Convention of 29 March 1985 on the estab-

lishment of the SRFC as amended in 1993 especially its provi-

sions aimed at strengthening cooperation among SRFC Member

States;

2017 JOLG 159

© Juta and Company (Pty) Ltd

160 JOURNAL OF OCEAN LAW & GOVERNANCE IN AFRICA

CONSIDERING that the Convention of 14 July 1993 on the

Determination of Conditions for Access and Exploitation of

Marine Resources off the Coasts of SRFC Member States has

significantly contributed towards the harmonisation of the

fisheries policies and legislations of the States in the sub-region;

DESIROUS of adapting the Convention of 14 July 1993 to the tech-

nical and legal changes that have taken place since its adoption,

in particular with regard to the determination of conditions de-

fining responsible fishing, the taking into account of the ecosys-

tem-based approach to fisheries for a sustainable management

of resources and the fight against illegal, unreported and unreg-

ulated fishing, in accordance with international law;

AWARE of the need to incorporate in their national legislations

the provisions of the FAO Agreement on Port State Measures

to Prevent, Deter and Eliminate Illegal, Unreported and

Unregulated Fishing, approved by the FAO Conference in Rome

in November 2009;

DESIROUS of ensuring that their policies and legislations are more

effectively harmonised with a view to a better exploitation of

fisheries resources in the maritime zones under their respective

jurisdictions, for the benefit of current and future generations;

DESIROUS of enhancing the socio-economic benefits arising from

fishing to the countries and communities within the SRFC, by

respecting the environment and by encouraging the practices of

responsible fishing;

CONVINCED of the need for SRFC conditions for the integration

at sub-regional level of the policies and strategies of Member

States, with a view to ensuring the preservation, management

and sustainable exploitation of their fisheries resources;

HAVE AGREED AS FOLLOWS:

PART 1 – GENERAL PROVISIONS

Article 1. Objective

(1) The objective of the present Convention is to review the pro-

visions of the Convention of 14 July 1993 on the Determi-

nation of Conditions for Access and Exploitation of Marine

Resources off the Coasts of the Member States of the SRFC.

(2) The present Convention is applicable to the maritime area

under jurisdiction of the SRFC Member States.

© Juta and Company (Pty) Ltd