a. Study for the purpose of determining annually whether such stock continues to qualify for 

 abstention. If the Commission determines that the stock no longer meets the conditions for abstention, 

 the Commission shall recommend that it be removed from the Annex. 



b. Study, on request of a State Party , any stock of fish of the Convention area, the greater part of which 

 is harvested by one or more of the States Parties, for the purpose of determining whether the stock 

 qualifies for abstention. If the Commission decides that the stock qualifies, it shall recommend (Ij that 

 the stock be added to the Annex, (2) that the appropriate Party or Parties abstain from fishing the 

 stocks, and (3) that the Party or Parties participating in the fishing of the stock continue to carry out 

 necessary conservation measures. * ^ 



In making its recommendations, the Commission is to be guided by the spirit and intent of the 

 Convention and by the following considerations: 



a. Any conservation measures for any stock of fish decided upon shall be recommended for equal 

 application to all States Parties engaged in substantial exploitation of the stock. 



b. With regard to any stock of fish which the Commission determines reasonably satisfies all the 

 following conditions, a recommendation shall be made for abstention. 



(1) 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; 



(2) The exploitation of the stock is limited or otherwise regulated through legal measures by each 

 Party which is substantially engaged in its exploitation, for the purpose of maintaining or increasing its 

 maximum sustained productivity, such limitations and regulations being in accordance with conservation 

 programs based on scientific research; and 



(3) 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. * '* 



However, the Commission shall make no recommendation for abstention by a State Party concerned 

 with regard to (1) any stock of fish which at any time during the 25 years next preceding the entry into 

 force of the Convention has been under substantial exploitation by that Party; (2) any stock of fish 

 which is harvested in greater part by a country or countries not party to the Convention; (3) waters in 

 which there is historic intermingling of fishing operations of the Parties concerned, intermingling of the 

 stocks of fish exploited by these operations, and a long-established history of joint conservation and 

 regulation among the Parties concerned so that there is consequent impracticabiHty of segregating the 

 operations and administering control.* ' The Convention recognized that the conditions specified in (3) 

 above apply to Canada and the United States in the waters off the Pacific Coasts of these two countries 

 from and including the waters of the Gulf of Alaska southward and, therefore, provided that no 

 reconmiendation shall be made for abstention by either the United States or Canada in these waters.* * 



3. Budget 



Each State Party undertakes to pay the expenses of its national section and to agree on the manner of 

 sharing the joint expenses of the Commission.*' Furthermore, in performing its functions, the 



*^/(i., Art. Ill (1) (a) and (b). 

 '"•/d, Art. IV (1). 



^^Ibid. 



^''id.. Art. II(11H13). 



V1IH12 



