235 



(i) Evidence based upon scientific research indicates that 

 more intensive exploitation of the stock will not provide a 

 substantial increase in yield which can be sustained year after 

 year, 



(ii) The exploitation of the stock is limited or otherwise 

 regulated through legal measures by each Party which is sub- 

 stantially engaged in its exploitation, for the purpose of main- 

 taining or increasing its maximum sustained productivity; 

 such limitations and regulations being in accordance with 

 conservation programs based upon scientific research, and 



(iii) The stock is the subject of extensive scientific study 

 designed to discover whether the stock is being fully utilized 

 and the conditions necessary for maintaining its maximum 

 sustained productivity. 

 Provided, however, that no recommendation shall be made for absten- 

 tion by a Contracting Party concerned with regard to: (1) any stock 

 of fish which at any time during the twenty-five years next preceding 

 the entry into force of this Convention has been under substantial ex- 

 ploitation by that Party having regard to the conditions referred to in 

 Section 2 of this Article; (2) any stock of fish which is harvested in 

 greater part by a country or countries not party to this Convention ; 

 (3) waters in which there is historic intermingling of fishing opera- 

 tions of the Parties concerned, intermingling of the stocks of fish ex- 

 ploited by these operations, and a long-established history of joint 

 conservation and regulation among the Parties concerned so that there 

 is consecjuent impracticability of segregating the operations and ad- 

 ministering control. It is recognized that the conditions specified in 

 subdivision (3) of this proviso apply to Canada and the United States 

 of America in the waters off the Pacific Coasts of the United States of 

 America and Canada from and including the waters of the Gulf of 

 Alaska southward and, therefore, no recommendation shall be made 

 for abstention by either the United States of America or Canada in 

 such waters. 



2. In any decision or recommendation allowances shall be made for 

 the effect of strikes, wars, or exceptional economic or biological con- 

 ditions which may have introduced temporary declines in or suspension 

 of productivity, exploitation, or management of the stock of fish 

 concerned. 



Article V 



1. The Annex attached hereto forms an integral part of this Con- 

 vention. All references to "Convention" shall be understood as 

 including the said Annex either in its present terms or as amended in 

 accordance with the provisions of Article VII. 



2. The Contracting Parties recognize that any stock of fish originally 

 specified in the Annex to this Convention fulfills the conditions pre- 

 scribed in Article IV and accordingly agree that the appropriate Party 

 or Parties shall abstain from fishing such stock and the Party or 

 Parties participating in the fishing of such stock shall continue to 

 carry out necessary conservation measures. 



