E - Iccat

ICCAT REPORT 2012-2013 (I)
126
1) Modifying how the quorum is calculated for an inter-sessional vote;
2) Providing additional steps throughout the process to remind members of the requirement to respond to an
inter-sessional vote, and;
3) Not considering a failure to respond to an inter-sessional vote as an indication that a member is abstaining
from voting.
1) Modifying how the quorum is calculated for an inter-sessional vote
The ICCAT Convention provides, in article III (3):
Except as may otherwise be provided in this Convention, decisions of the Commission shall be taken by a
majority of the Contracting Parties, each Contracting Party having one vote. Two-thirds of the Contracting
Parties shall constitute a quorum.
At a meeting of the Commission, the quorum is defined as the minimum number of members that must be
present for a decision to be taken. Hence, the criterion for the quorum is merely that the members be present, not
that they vote. Nevertheless, in practice, the members present will usually vote or register an abstention when a
vote is called, rather than refrain from participating in a vote. Consequently the quorum will be representative of
the number of members participating in a decision on a proposal put to a vote.
In the case of inter-sessional votes, paragraphs 12 and 15 of Rule 9 of the Rules of Procedure currently provide
that the members that have confirmed their reception of a proposal or request put to an inter-sessional vote be
considered for the purpose of a quorum. As a result the quorum can differ significantly from the number of
members who respond to the Executive Secretary indicating whether they cast votes or abstain from voting.
It is proposed to modify paragraphs 12 and 15 of Rule 9 of the Rules of Procedure so that for the purpose of an
inter-sessional vote, the quorum should only include responses received from members, indicating whether they
cast an affirmative vote, cast a negative vote or abstain from voting. Ultimately, if less than two thirds of the
members respond to an inter-sessional vote, there would be no quorum and no decision would be taken.
2) Providing additional steps throughout the process to remind members of the requirement to respond to an
inter-sessional vote
Under paragraph 14 of Rule 9 of the Rules of Procedure, members have 40 days to respond to an intersessional
vote, either with an affirmative vote, a negative vote, an indication of their abstention or a request for additional
time for voting, in which case a further 30 days shall be allowed from the expiration of the initial 40-day period.
In the event of an extension, the Executive Secretary has to inform all members of the final date by which
responses must be received. Aside from this information, the Executive Secretary is not required to communicate
with the members during the 40 or 70-day voting period.
To encourage members to respect the requirement to respond to an inter-sessional vote, it is proposed that Rule 9
be modified to require additional communications by the Executive Secretary to the members at various stages
of the process:
• In paragraph 13 of Rule 9, if no request for an inter-sessional vote on the chairman’s determination has
been received after 10 days, the Executive Secretary informs the members and reminds them of the
number of days left to respond to the initial proposal.
• 10 days before the end of the initial voting period, if no request for an extension of time has been
received, the Executive Secretary informs the members of the approaching expiration of the 40-day
period, reminds them of the requirement to respond and could identify the members whose responses
have not yet been received.
• In paragraph 14 of Rule 9, the Executive Secretary when informing the members of the final date by
which responses must be received after an extension could identify the members whose responses have
not yet been received.
3) Not considering a failure to respond to an intersessional vote as an indication that a member is abstaining
from voting
Under paragraph 15 of Rule 9 of the Rules of Procedure, if no reply from a member is received within 40 days of
transmittal, or by the extended deadline specified by the Executive Secretary in the event of a 30-day extension
to consider the proposal, that member shall be recorded as having abstained.