NAFO Convention Amendments

On September 28, 2007, an improved Convention for the Northwest Atlantic Fisheries Organization was adopted by Canada and eleven other NAFO members.

So what will change?

Modern Management

Under the 1979 Convention, NAFO manages fish stocks as a ‘single species’ and management decisions did not always adhere to scientific advice. Over time, this type of management has proven to be too risky. The amended convention integrates what’s known as the ‘precautionary approach.’ This management style errs on the side of caution when setting catch levels to ensure long-term sustainable harvests. The new convention also calls for the use of ecosystem approaches when making decisions. This means that decisions will consider the interrelationships of marine species and habitats, including how catches of one fish stock could affect other fish species. They will also consider the impacts of particular fishing gear on ocean habitats.

Improved Governance

The 1979 NAFO Convention includes an ‘open-ended’ right for NAFO members to object to a management decision. There are no constraints on the use of this ‘objection procedure’ even if it results in overfishing. In addition, the old convention lacks a process to settle disputes among members. In some cases, this has led to long-standing disagreements that remain unresolved to this day.The amended convention limits objections. NAFO members can make an objection only when a decision is viewed as undermining the convention or discriminating against one or more members. In addition, those who file an objection must explain their case before an impartial panel and a dispute settlement procedure will help resolve the conflict. These changes are consistent with the United Nations Fish Stocks Agreement and the United Nations Convention on the Law of the Sea. They provide a more modern decision-making process that will deal with disputes as they arise.

Changed Voting Limits

In the 1979 Convention, NAFO’s decisions are made by a simple majority vote. This has led to the perception that there are only ‘winners’ and ‘losers’ in NAFO decisions. In some cases, this has also led to objections, the setting of unilateral quotas, and overfishing.The amended convention requires that NAFO decisions be based on a two-thirds voting majority. This will help to protect Canada's NAFO fish quotas. NAFO must also maintain existing allocations of fish stocks if an agreement cannot be reached among members. This ‘safeguard’ provision was added to the NAFO Conservation and Enforcement Measures in 2007 to reinforce the protection of Canada's fish quotas.

More Effective Functioning

The 1979 convention has two decision bodies: the General Council and the Fisheries Commission, in which the same delegates participate.

The amended convention merges these two bodies to streamline NAFO decisions into one decision-making body. This will save time and avoids duplication, and is expected to make NAFO deliberations more efficient.