NAFO was set up under the 1978 Convention on Future Multilateral Cooperation in Northwest Atlantic Fisheries, as a body to replace the International Commission for the Northwest Atlantic Fisheries (ICNAF) after the expansion of coastal State jurisdiction in the Northwest Atlantic. In many respects, NAFO is one of the most developed regional fisheries organizations in the world. It has a developed institutional structure and has adopted a wide range of conservation and management measures. Despite this, throughout its operation, NAFO has been undermined by a number of problems: overfishing by members, both because of disregard for quotas and other regulations and because of excessive use of an objection procedure in the Convention; a lack of procedures for monitoring and controlling the fisheries; the absence of a dispute settlement procedure; and unregulated overfishing by non-members. In recent years, however, significant steps have been taken to overcome these difficulties.

For an international fisheries organization, NAFO has a rather complex structure. It consists of the following organs: a General Council; a Scientific Council; a Fisheries Commission; a Secretariat. Each of these organs can adopt its own rules of procedure and establish its own committees and sub-committees.

General Council

The General Council is the principal administrative body: it organizes and coordinates the internal affairs of NAFO and coordinates its external relations. The General Council is also required to review and determine the membership of the Fisheries Commission. The Council has established two subsidiary bodies: the Standing Committee on Finance and Administration (STACFAD) and the Standing Committee on Fishing Activities of non-Contracting Parties in the Regulatory Area (STACFAC).

Fisheries Commission

The Fisheries Commission is responsible for the management and conservation of the fisheries of the Regulatory Area. To that end it may adopt proposals for joint action by the Contracting Parties, designed to achieve the optimum utilization of resources, and proposals for international measures of control and enforcement within the Regulatory Area.

The Fisheries Commission has established one subsidiary body to have responsibility for matters of control and enforcement: the Standing Committee on International Control (STACTIC). The Committee consists of representatives from each Commission member, assisted by experts and advisors. Each Commission member represented is entitled to one vote. The tasks of the Committee are, inter alia, to review the results of national and international measures of control; to review reports of inspections and violations; and to promote exchanges and cooperative efforts of inspectors in international inspection. On the basis of its work, STACTIC is to make appropriate recommendations to the Fisheries Commission.

Scientific Council

The Scientific Council serves: (a) to provide a forum for consultation and cooperation among Contracting Parties; (b) to compile and maintain statistics and records and to publish or disseminate reports and information; (c) to provide scientific advice to coastal States, where requested; and (d) to provide scientific advice to the Fisheries Commission, either at the request of the Fisheries Commission or on its own initiative. NAFO members are required to provide the Scientific Council with any available statistical and scientific information requested by the Council for the purposes of fulfilling its duties under the Convention.

The Scientific Council has established a number of subordinate committees, ad hoc Working Groups and Special Sessions in order to carry out its tasks. The most important of these are the four Standing Committees on Fisheries Science (STACFIS), on Research Coordination (STACREC), on Publications (STACPUB) and on Fisheries Environment (STACFEN).

Since its establishment, NAFO has adopted a wide range of conservation, management and enforcement measures. These are adopted in the Fisheries Commission, generally by a majority vote where consensus cannot be achieved, and enter into force subject to an objection procedure, which allows Parties to opt out of measures established by NAFO by presenting an objection to a particular proposal within sixty days. In formulating proposals for joint action, the Commission must consider: (a) the effect of the species interrelationship on a stock or group of stocks occurring both within the Regulatory Area and an area under the jurisdiction of coastal States; (b) any measures adopted by coastal States concerning the particular stock or stocks within coastal State jurisdiction. The task of ensuring consistency therefore rests with the Fisheries Commission. Furthermore, when allocating catches, the Convention provides that the Commission must take into account the interests of those NAFO members which have traditionally fished in the region and, regarding harvests from the Grand Banks and the Flemish Cap special consideration must be given to the Contracting Party whose coastal communities are primarily dependent on fishing for stocks relating to these fishing banks and which has undertaken extensive efforts to ensure the conservation of such stocks (i.e. Canada).

Since its formation in 1979, NAFO has adopted a wide range of measures for the conservation and management of the stocks in the Regulatory Area. These have included setting total allowable catches and member nation quota allocations; technical conservation measures, such as minimum fish sizes, minimum mesh sizes and chafing gear requirements; measures designed to promote and coordinate scientific cooperation; and measures of surveillance, control and enforcement, including: a Scheme of Joint International Inspection; 100 per cent observer coverage for vessels; satellite tracking of fishing vessels; dockside inspection; and a Scheme to Promote Compliance by Non-Contracting Party Vessels with the Conservation and Enforcement Measures Established by NAFO.