JOINT STATEMENT OF 28 NOVEMBER 1990

ESTABLISHING THE SOUTH ATLANTIC FISHERIES COMMISSION

Background - '90 JOINT STATEMENT - '90 Proclamation - '86 Declaration - '86 Proclamation

28 November 1990

1. The Government of the Argentine Republic and the Government of the United Kingdom of Great Britain and Northern Ireland agreed that the following formula on sovereignty, contained in the Joint Statement issued at Madrid on 19 October 1989, applies to this Statement and its results:

"(1) Nothing in the conduct or content of the present meeting or of any similar subsequent meetings shall be interpreted as:-

(a) a change in the position of the United Kingdom with regard to sovereignty or territorial and maritime jurisdiction over the Falkland Islands, South Georgia and the South Sandwich Islands and the surrounding maritime areas;

(b) a change in the position of the Argentine Republic with regard to sovereignty or territorial and maritime jurisdiction over the Falkland Islands, South Georgia and the South Sandwich Islands and the surrounding maritime areas;

(c) recognition of or support for the position of the United Kingdom or the Argentine Republic with regard to sovereignty or territorial and maritime jurisdiction over the Falkland Islands, South Georgia and the South Sandwich Islands and the surrounding maritime areas.

(2) No act or activity carried out by the United Kingdom, the Argentine Republic or third parties as a consequence and in implementation of anything agreed to in the present meeting or in any similar subsequent meetings shall constitute a basis for affirming, supporting, or denying the position of the United Kingdom or the Argentine Republic regarding the sovereignty or territorial and maritime jurisdiction over the Falkland Islands, South Georgia and the South Sandwich Islands and the surrounding maritime areas."

2. In order to contribute to the conservation of fish stocks, the two Governments agreed to open the way for cooperation in this field on an ad-hoc basis; this will be done:-

(a) by means of the establishment of the "South Atlantic Fisheries Commission", composed of delegations from both States, to assess the state of fish stocks in the South Atlantic in accordance with paragraph 7 of the Joint Statement issued at Madrid on 15 February 1990;

(b) by means of the temporary total prohibition of commercial fishing by vessels of any flag in the maritime area defined in the Annex to this Joint Statement, for conservation purposes.

The two Governments further agreed to review this Joint Statement annually, in particular the duration of the total prohibition.

3. The Commission will be composed of a delegation from each of the two States, and will meet at least twice a year, alternately in Buenos Aires and London. Recommendations shall be reached by mutual agreement. In accordance with paragraph 7 of the Madrid Joint Statement of 15 February 1990, the maritime area which the Commission will consider in relation to the conservation of the most significant offshore species will be waters between latitude 45 S and latitude 60 S.

4. The Commission will have the following functions:-

(a) In accordance with paragraph 7 of the Joint Statement issued at Madrid on 15 February 1990, to receive from both States the available information on the operations of the fishing fleets, appropriate catch and effort statistics and analyses of the status of the stocks of the most significant offshore species. Both Governments will provide such information in the form recommended by the Commission;

(b) To assess the information received and to submit to both Governments recommendations for the conservation of the most significant offshore species in the area;

(c) To propose to both Governments joint scientific research work on the most significant offshore species;

(d) In accordance with international law, to recommend to both Governments possible actions for the conservation in international waters of migratory and straddling stocks and species related to them;

(e) To monitor the implementation of the prohibition and make recommendations in this regard to both Governments.

5. The prohibition in paragraph 2(b) will take effect on 26 December 1990; both Governments agreed to cooperate in order to implement it.

6. Each Government will take the appropriately related administrative measures in accordance with this Joint Statement.

ANNEX

The area referred to in paragraph 2(b) is the one encompassed by the lines of the type specified in the second column, joining points in the first column defined to the nearest minute of arc on WGS 72 Datum by coordinates of latitude and longitude in the order given.

The area mentioned above is described for the sole purpose of the total prohibition in paragraph 2(b) of this Joint Statement and, in particular, the formula on sovereignty in paragraph 1 of this Joint Statement applies to it.

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