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1989: Agreement Creating The Eastern Pacific Tuna Fishing Organization

Related Lineage is: Eastern Pacific Tuna
  Provision  First Coders Codes  Second Coders Codes 
Titl.1  AGREEMENT CREATING THE EASTERN PACIFIC TUNA FISHING ORGANIZATION  TITL  TITL 
Src.1  SRC: http://www.oceanlaw.net/texts/oapo.htm, 20040824  SRC  SRC 
Pre.1  THE CONTRACTING PARTIES:  DESC  DESC 
Pre.2  RECOGNIZING that coastal States have sovereign rights over all fishing resources, including species denominated as highly migratory, in the seas adjacent to and within 200 miles of their coastlines, for the benefit of their peoples and mainly for exploration and proper exploitation, conservation and management purposes;  SOVR   
Pre.3  AWARE that the conservation, protection and optimum utilization of highly migratory species should be the fundamental objective of any regional agreement on this matter;     
Pre.4  BELIEVING that the purpose of optimum utilization of highly migratory species is to ensure that the maximum sustainable yield be produced by rational exploitation of same;     
Pre.5  AWARE that the Eastern Pacific Coastal States have different degrees of tuna fishing development at different technical levels, and that it is therefore necessary to promote international cooperation leading to a strengthening of national capacities and the transfer of technology to countries requiring came in order to achieve harmonious development within the region;  SCIR   
Pre.6  RECOGNIZING that, in order to achieve these ends, it is necessary to establish a system of international cooperation in research, conservation, protection and optimum utilization of the tuna fish in the Eastern Pacific Ocean, under an international agreement;  SCIR   
Pre.7  BEARING IN MIND that the tuna species are highly migratory and cover a wide haunt in the Eastern Pacific Ocean and that, as a result, in order to ensure their conservation and to control their exploitation it is necessary to create a regional organization which, for this purpose and based on the sovereign rights of maritime states, shall comprise an integrated body of all members, empowered to take decisions by consensus;     
Pre.8  CONVINCED that the International Agreement's area of application should of necessity be that of the haunts of the highly migratory species found in the Eastern Pacific;     
Pre.9  EMPHASIZING the joint purpose of the Latin American Fisheries Development Organization - OLDEPESCA, and of the Permanent Commission for the South Pacific - CPPS, to achieve promptly a valid International Agreement guaranteeing conservation, protection and optimum utilization of tuna in the Eastern Pacific;  RELA  RELA 
Pre.10  RECOGNIZING that the present Agreement does not prejudge nor affect the position maintained by the States parties hereto regarding matters arising from the Law of the Seas;  RELA SOVR   
Pre.11  BEARING IN MIND the principles and norms of Ocean Rights relating to the management and conservation of live resources, including highly migratory species;  RELA   
Pre.12  BASED on the fourteen (14) Fundamental Principles approved by the Working Group on Regional Coordination for benefitting fully from tuna resources, at its first Extraordinary Meeting held in Mexico City in February 1964, and which form an integral part of the present Agreement, the text of which in attached (1);  RELA ATTACH  RELA 
Pre.13  Have agreed the following:     
Art.1  Article 1 The Organization’s Name, Establishment, Seat and Legal status  HOBS HOBF  HOBS 
Art.1.1  1. The States parties to this Agreement agree to establish and maintain an international body to be called the Eastern Pacific Tuna Fishing Organization.     
Art.1.2  2. The seat of the Eastern Pacific Tuna Fishing Organization shall be in the City of Guayaquil. The Organization shall enter into and sign an Agreement with the Government of the Republic of Ecuador regarding the respective seat of the Organization, as well as corresponding Agreements with the Governments of other States Parties in whose territory offices or agencies are to be established.     
Art.1.3  3. The Organization shall have its own status an a juridical entity and shall enjoy, in the course of its relations with other international organizations and within the territories of the States parties hereto, full legal powers necessary to carry out its functions and achieve its purposes. Likewise, in keeping with pertaining national legislation it shall be competent to enter into contracts, acquire and transfer chattels and real estate, as well as to file lawsuits in fulfilment of its functions.     
Art.2  Article 2 The Organization's Objectives  HOBF  HOBF 
Art.2.1  1. The aims of the Organization shall be, through international cooperation of its members, to help to achieve the conservation, protection and optimum utilization of the highly migratory species to which this Agreement refers, which move about within this Agreement's area of application. To these ends the Organization shall be competent in the following matters:     
Art.2.1.a  A. Studies on the biology, ecology, biometry and dynamics of the total count of species to which the present Agreement applies, in order to determine the possible effects of natural factors and human maritime activities on the volume of such species.  SCIR  SCIR 
Art.2.1.b  B. The measures necessary to ensure conservation of the number of fish to which the present Agreement applies and to maintain same at levels of abundance which permit their maximum sustainable yield by ensuring optimum utilization through rational exploitation.    SCIR 
Art.2.1.c  C. When the studies and measures mentioned in paragraphs A and B of the present Article are to be carried out in the seas adjacent to the coasts and within 200 miles of coastal States, then the prior and express consent of same shall be required.    SCIR 
Art.2.1.d  D. Measures to reduce to a minimum any incidental killing and/or serious injury to marine mammals associated with the species covered by the present Agreement, due to activities of vessels engaged in tuna fishing activities;     
Art.2.2  2. Moreover, the Organization shall adopt measures for training of human resources and transfer of technology and developing fishing capacity and infrastructure for tuna harvesting processing and research by disadvantaged Latin American Eastern Pacific Coastal States members of the present Organization, which have not yet been able to achieve reasonable benefit from said resources.  SCIR INFO  SCIR INFO 
Art.3  Article 3 Members  HOBS HOBF MEMB  HOBS HOBF MEMB 
Art.3.1  1. The members of the Organization shall comprise Eastern Pacific Coastal Nations which sign and ratify the present Agreement.     
Art.3.2  2. The present Agreement shall be open to adherence by other States whose vessels have fished the species listed in Attachment 2, and within the area of application.  ATTACH  ATTACH 
Art.3.3  3. The Organization's Governing Board shall approve the admission of other members through adherence to the Agreement, respecting the principle of saturation fishing.     
Art.4  Article 4 Areas of Application  SUBS HOBF  SCOP SUBS HOBF 
Art.4.1  1. The area of application of the Agreement will be that in the Eastern Pacific Ocean through which the species specified in Attachment (2) roam both within the sea adjacent to and within 200 miles of the coasts of continental and island territories of the States Parties; the latter area understood to be those having coasts directly on the ocean as well as on the areas of high seas adjacent to such zones, up to the meridian 145o longitude West without detriment to the rights of sovereignty and jurisdiction enjoyed by the coastal State located in said 200 miles zones.  ATTACH SOVR  SOVR 
Art.4.1.ax  In accordance with their legislation and other national regulations, the fundamental principles and the aim and purpose of this Agreement, the States Parties may establish exclusion zones in the area of application of this Agreement within the 200 miles adjacent to their continental and insular coastlines.     
Art.4.2  2. The Eastern Pacific coastal States Parties to the present Agreement shall provide the Organization's Secretariat with the outer limits of the high seas adjacent to their coasts up to 200 miles from the continental or insular coastlines of said States.  INFO  INFO 
Art.4.2.ax  The provision of said information shall not be considered a recognition by Member States of said limits.     
Art.4.3  3. The Governing Board may, at the recommendation of the Scientific Committee, modify this Agreement's area of application in the high seas.     
Art.5  Article 5 Temporary Close Fishing Seasons  SUBS  SUBS 
Art.5.1x  Within the ocean adjacent to and within 200 miles of their coast, coastal States may establish temporary close fishing seasons, based on the best available scientific evidence, for the proper conservation of fisheries resources. The establishment of said zones will be made in good faith, without affecting the objectives and purposes of the present Agreement.  SCIR  SCIR 
Art.6  Article 6 Species covered by the present Agreement  SCOP HOBF AMND  SCOP AMND HOBF 
Art.6.1  1. The present Agreement applies to the highly migratory species moving in the area covered by the present Agreement, and which are listed in Attachment (2) which forms part of the present Agreement, regardless of whether or not they require conservation measures.  ATTACH   
Art.6.2  2. The Governing Board, based on appropriate scientific research, may modify the list of species contained in Attachment (2).  SCIR ATTACH  ATTACH 
Art.7  Article 7 Organic Structure  HOBS SBS SECS HOBF  HOBS SBS SECS HOBF 
Art.7.1  1. The Organization shall be made up of the following principal bodies:     
Art.7.1.a  A. The Governing Board is the Organization's supreme body, and is comprised of representatives from all the States Parties. Each Member State shall have one representative on the Governing Board with the right to one vote, and may also accredit the technical, scientific and auxiliary personnel it deems advisable, according to the respective rules of procedure.     
Art.7.1.a.ix  The Presidency of the Governing Board for each of the meetings shall be held for one year, by each State in turn, in alphabetical rotation. At the first Ordinary Meeting the Presidency shall be filled by the State in which the Organization's headquarters are located.     
Art.7.1.a.iix  The President shall remain in office until the next Ordinary Meeting and shall preside over all Extraordinary Meetings held during this period. While carrying out this office the President or substitute shall be replaced as his/her Government's Representative by a delegate nominated for this purpose.     
Art.7.1.b  B. The Scientific Committee which is the advisory body to the Governing Board and its Secretariat, is comprised of a representative named by each States Party, selected by its scientific community. This Committee shall be the responsibility of a Research Coordinator; and     
Art.7.1.c  C. The Secretariat, which is the Organization's executive organ, shall be the responsibility of an Executive Secretary.     
Art.7.2  2. The Governing Board may establish such subsidiary organs as it deems necessary.     
Art.8  Article 8 Functions of the Governing Board  HOBF AMND SECS SBS FINAD  HOBF SBF AMND SBS SECS FINAD HOBS 
Art.8.0x  The Governing Board shall have the following functions     
Art.8.1  1. The drawing up of the Organization's general policy and the supervision of compliance with its objectives;     
Art.8.2  2. Adoption of measures based on recommendations made by the Scientific Committee, for conserving species covered by this Agreement when so required, including:     
Art.8.2.a  A. Establishing a maximum permissible global annual quota of catch per species in the Agreement's area of application, which shall include the sum total of the national quotas fixed by each coastal State for the seas adjacent to and within 200 miles of its coastline.     
Art.8.2.b  B. Establishment of annual guidelines fixing open and closed fishing seasons for species requiring conservation measures, according to the best available scientific evidence; and  SCIR  SCIR 
Art.8.2.c  C. Determining the allowable incidental fishing levels.     
Art.8.3  3. Establishment of specific guidelines for the Executive Secretary to issue Annual international Fishing Permits of Licences to vessels of Member States for fishing the high seas within the Agreement's area of application.     
Art.8.4  4. Modification of the Agreement's area of application on the high seas, when so recommended by the Scientific Committee.     
Art.8.5  5. Modification of the list of species contained in Attachment (2) when so recommended by the Scientific Committee.  ATTACH  ATTACH 
Art.8.6  6. Endeavour to obtain the services and resources of competent national or International agencies or bodies for scientific and technical purposes, according to the present Agreement's objectives.  SCIR  SCIR 
Art.8.7  7. Determination, for the effects of paragraph 3 of Article 3 and based on the best available information, as to when a species covered by the Agreement is being exploited at or close to the level of maximum sustainable yield, and the conservation of which may be endangered by the additional participation of new States in the fishing of same. In such case the Governing Board shall declare a fishing saturation point and members shall cooperate with the Organization to implement this declaration.     
Art.8.8  8. Approval of the admission of new members to the Organization, respecting the principle of overfishing, according to the terms set out in paragraph 3 of Article 3 of the present Agreement.     
Art.8.9  9. Designation and replacement of the Executive Secretary of the Organization.     
Art.8.10  10. Designation and replacement of the Scientific Research Coordinator.     
Art.8.11  11. Take decisions relating to the Organization's budget.     
Art.8.12  12. Charge the Executive secretary with carrying out activities and functions considered relevant, as well as approval, should the need arise, of initiatives submitted by said official.     
Art.8.13  13. Approval of its own rules of procedure, those of the Scientific Committee and those of the Secretariat; and     
Art.8.14  14. Exercise any other powers granted to it under the present Agreement.     
Art.9  Article 9 Meetings of the Governing Board  HOBS  HOBS 
Art.9.1  1. The Governing Board shall meet regularly once a year and shall hold Extraordinary Meetings at the request of at least three (3) of its members.     
Art.9.2  2. Ordinary Meetings, shall be held prior to the commencement of the respective fishing season, in the place and on the date that the Governing Board itself shall decide.     
Art.9.3  3. The Governing Board may only hold a valid session if a minimum of two-thirds of the States Parties to the present Agreement attends.     
Art.10  Article 10 Decision-Making  HOBS  HOBS 
Art.10.1  1. The Governing Board shall, as a rule, endeavour to have all Its decisions adopted by a consensus of the members present.     
Art.10.2  2. A consensus will be necessary for the adoption of decision regarding the functions set out In Article 8, points 1, 4, 5, 8, 13, 14 and in Article 33.     
Art.10.3  3. A two-thirds majority shall be necessary of States Parties present, including half plus one of Latin American Eastern Pacific Coastal States, for the adoption of decisions regarding functions established in Article 8 points 2, 3, 7 and 11.     
Art.10.4  4. A two-thirds majority of the States Parties present shall be necessary for the adoption of decisions regarding the functions established in Article 8 points: 6, 9, 10 and 12.     
Art.11  Article 11 Functions of the Scientific Committee  SBF  SBF 
Art.11.0x  The Scientific Committee shall be charged with the following:     
Art.11.1  1. Promote, coordinate and implement within the Agreements area of application, such studies and research of a scientific and technical nature an are needed to achieve the Organization's aims in compliance with the Governing Board's decisions. Said research activities within the area of ocean adjacent to its coasts up to 200 miles shall require prior express consent from the coastal state concerned, pursuant to its laws.  SCIR  SCIR 
Art.11.2  2. Formulate recommendations regarding the conservation of the species, covered by the present Agreement, based on the best available scientific evidence and on the results of their research regarding the abundance, biology, biometry, ecology and dynamics of the numbers of said species.  SCIR  SCIR 
Art.11.3  3. Foster and promote cooperation between the parties through duly accredited national research institutions in the field of scientific research in order to increase knowledge on the species covered by the Agreement.  SCIR  SCIR 
Art.11.4  4. Evaluate and approve the results of the research and studies presented by the Research Coordinator.  SCIR  SCIR 
Art.11.5  5. Through the Executive Secretary to request from members of the Organization the scientific and statistical information it requires, keeping confidential matter as such and as it is provided.  SCIR  SCIR INFO 
Art.11.6  6. Compile and maintain statistics and records, and to publish or divulge reports and material regarding species covered by the Agreement.  SCIR INFO  SCIR INFO 
Art.11.7  7. Cooperate with other national and international organizations both public and private having similar aims.     
Art.11.8  8. Propose approval by the Governing Board of the Organization's rules of procedure.     
Art.11.9  9. Any other function entrusted to it by the Governing Board or set out in the present Agreement.     
Art.12  Article 12 Scientific Committee Meetings  SBS  SBS 
Art.12.1x  The Scientific Committee shall meet regularly once a year, before the meeting of the Governing Board and will hold Extraordinary Meetings when so requested by at least three (3) of its members.     
Art.13  Article 13 Scientific Research Coordinator  SBS SBF HOBF  SBF HOBF SBS 
Art.13.1  1. The Scientific Research Coordinator shall be responsible both for the Scientific Committee's activities and for research according to the terms set out in Article 11, and shall be designated by the Governing Board for a period of three years, and may be re-elected for a similar period. In the event of withdrawal or removal, the Governing Board shall immediately proceed to elect a new Coordinator who shall carry out these functions for a new period.  SCIR  SCIR 
Art.13.2  2. The Research Coordinator shall be a citizen of a coastal State member of the organization, but of different nationality from the Executive Secretary, and shall be professionally competent regarding problems of scientific research on tuna fishing, and shall hold the position of an International Officer.     
Art.13.3  3. The Research Coordinator shall submit to the Executive Secretary the nomination of scientific personnel required to carry out properly the Organization's functions, as well as their replacement. To this end the Governing Board's standards and procedures will be taken into consideration and where possible an equitable geographical distribution will be applied.  INFO   
Art.13.3.ax  Furthermore, the Scientific Research Coordinator may propose to the Governing body, should he/she deem it advisable, the designation of an independent team of international scientists or hiring the services of an international scientific organization to carry out the work of the Scientific Committee.     
Art.13.4  4. In fulfilling their functions the Research Coordinator and the Organization's scientific personnel shall refrain from acting in any way whatsoever that may be incompatible with their position as international officers. Likewise, they may not have any financial interest whatever in the exploration, exploitation, marketing and other activities relating to the species covered by this Agreement. Finally, they shall, even after retirement from office, keep confidential all such information as came to their knowledge while in office.     
Art.14  Article 14 The Secretariat  SECS SECF SBS HOBF SBF  SECF SECS 
Art.14.1  1. The Secretariat shall provide the necessary services for carrying out the Organization's activities, and shall be comprised of officers and personnel designated by the Executive Secretary, based on the assigned personnel chart approved by the Governing Board.     
Art.14.2  2. The Executive Secretary is the Organization's legal representative and is responsible for the Secretariat's compliance with its functions. Same shall be designated by the Governing Board for a period of three years and may be re-elected for one more similar period. In the event of resignation or removal the Governing Board shall immediately proceed to elect a new Executive Secretary, who shall carry out these functions for a new period.     
Art.14.3  3. The Executive Secretary shall be a high level professional, citizen of an Eastern Pacific Coastal State Member of the Organization but of different nationality from the Scientific Research Coordinator and shall be well versed in the problems of tuna fishing and shall hold the post of International Officer.     
Art.14.4  4. In fulfilment of their duties the Organization's Executive Secretary and staff shall refrain from acting in any way whatsoever which would be incompatible with their status an international officers. Likewise they shall not have any financial interest whatsoever in exploration, exploitation, marketing or other activities relating to the matters covered by this Agreement. Lastly they should maintain as confidential, even after their departure from office, all such confidential information as came to their knowledge, during their tenure.     
Art.15  Article 15 The Executive Secretary’s Functions  SBF FINAD  SECF IMPL 
Art.15.0x  The Executive Secretary shall have the following duties:     
Art.15.1  1. Implementation of decisions adopted by the Governing Board.     
Art.15.2  2. Subject to the specific guidelines established by the Governing Board, issue international fishing permits and licences to vessels of member states to fish in the portion of the high seas falling within the Agreement's area of application, and shall be responsible for the handling of all matters relating to said permits and licences.     
Art.15.3  3. Cooperation with Eastern Pacific Coastal States in order to simplify, facilitate, coordinate and, where possible, to standardize the prerequisites for granting national permits or licences for fishing the species covered by this Agreement.     
Art.15.4  4. Keeping of records on vessels and catches.     
Art.15.5  5. Submitting a proposal to the Governing Board regarding the Organization's budget and program of activities, bearing in mind the proposals made by States Parties thereto.     
Art.15.6  6. Submitting a proposal of a draft agenda for Governing Board Meetings and convening same, bearing in mind the proposals of Member States.  INFO   
Art.15.7  7. Provision of administrative and technical support for meetings of other bodies within the organization, acting as Secretary for these.  SCIR   
Art.15.8  8. Nomination and replacement of the Organization's administrative personnel according to the standards and procedures set by the Governing Board, as well as of scientific personnel, according to point 3 of Article 13.     
Art.15.9  9. Representation of the Organization in legal matters.     
Art.15.10  10. Proposal of rules of procedures to the Governing Board for their approval.     
Art.15.11  11. Any other function which, pursuant to the present Agreement, is entrusted to him by other bodies within the Organization.     
Art.16  Article 16 Granting of Permits or Licences  IMPL HOBF SUBS SECF SBF  IMPL HOBF SECF 
Art.16.1  1. It is the exclusive right of the coastal states to grant permits or licences for fishing the seas adjacent to and within 200 miles of their coasts.  SOVR   
Art.16.2  2. Such national permits or licences may indicate forms of action and other conditions established by the grantor state's laws and regulations. Similarly, said permits or licences may indicate the areas in which same apply, in order not to adversely affect the economic needs of coastal fishing communities and the coastal state's own development needs, without, however, impairing possible access of other member state's vessels to the surpluses of the grantor state, or its obligation not to affect the present.Agreement's objectives and purposes.     
Art.16.3  3. The Executive Secretary shall issue to vessels of states Parties hereto, annual international permits or licences to fish the high seas within the Agreement's area of application.     
Art.16.4  4. The granting of permits or licences shall be effected upon payment of a fee to be fixed annually by the Governing Board covering the portion of high seas within the Agreement's area of application. The Governing Board shall promote the necessary action with a view to sponsoring the establishment of a uniform system of payments to be set up by the coastal States, exercising their faculties to grant access to fishing in their adjacent waters.     
Art.16.5  5. Based on the bent available scientific evidence and on recommendations supplied by the Scientific Committee, each coastal state shall annually determine and inform the Organization sixty (60) days before the Governing Board's Ordinary Meeting, of the volume of concentration of each species covered by the Agreement in the seas adjacent to and within 200 miles of its coastline, the national permissible fishing quota and the surpluses of said quota that may be made available giving priority to vessels of other States Parties hereto, under issue of the respective fishing permits, and only if said vessels cannot or do not wish to acquire said national permits may the respective coastal state negotiate its surplus to third party non-member states, issuing them national fishing permits.  INFO SCIR  SCIR INFO 
Art.16.5.ax  In the absence of such information within the indicated period, surpluses established for the previous fishing season shall remain in force.     
Art.16.6  6. Those wishing to apply to a State Party for a national permit or licence may do so directly or through the Executive Secretary of the Organization who will pass on the request to the corresponding coastal state.     
Art.16.7  7. The coastal states shall inform the Executive,Secretary of the fishing permits or licences granted to domestic as well as foreign vessels, through national official channels and in accordance with their domestic laws.  INFO  INFO 
Art.16.8  8. The Secretariat shall disseminate ample information on the availability of such surpluses among the fishing enterprises o f the member states who may be interested in this catch and, before the fishing season opens, shall sponsor arrangements to facilitate the granting of the appropriate permits or licences by the coastal state in question.  INFO  INFO 
Art.16.9  9. A coastal State not having sufficient available scientific research or extraction capacity may, on its own authority, according to domestic needs, and based on scientific evidence such as that which may be provided to them by the Scientific Committee, annually determine its permissible domestic quota, as well as its own fishing capacity and the surpluses that may be made available to State Parties hereto, upon issue of national permits or licences.  SCIR  SCIR 
Art.16.9.ax  Within the framework of contents of Article 2, point 2, the States Parties shall adopt said measures as soon as possible in favour of such States as request same.     
Art.16.9.bx  States Parties hereto not having sufficient infrastructure to fish their domestic permissible catch, may temporarily, until December 31 of the fifth year after the present Agreement comes into force, fish said resource under various manners of participation by vessels flying foreign flags of non-party States.     
Art.16.9.cx  States Parties to this Agreement, with the support of the General Secretariat or directly, shall promote actions to foster joint operations or fishing activities under other conditions with companies from member coastal countries not having at their disposal sufficient infrastructure.  RELA   
Art.16.9.dx  Bearing in mind the resolutions of the coastal states referred to in points 5 and 8 of the present Article and based on the best available scientific evidence, the Governing Board, at the recommendation of the Scientific Committee, shall establish the volume of abundance of each species covered by the Agreement, in the high seas covered by its area of application, in order to determine the permissible global quota of annual catch within said area, should the species in question require such conservation measures.  SCIR  SCIR 
Art.17  Article 17 Fishing Access Records  SUBS  SBF SECF SUBS 
Art.17.1  1. Domestic or international permits or licences granted pursuant to paragraphs 1, 2, 3 and 5 of Article 16, shall be registered in a fishing access record form to be provided by the Executive Secretary to such vessels as set out on fishing activities within the Agreement's area of application, in portions of which said permits or licences are applicable. Said records shall be annual and should be used for each open fishing season.  INFO   
Art.17.2  2. The fishing access records mentioned in the preceding paragraph shall not be applicable to domestic vessels fishing exclusively in the seas adjacent to and within 200 miles of their own coastal state.    SCIR 
Art.18  Article 18 Fixing Fishing Season Dates  SBF SUBS  INFO 
Art.18.1  1. The Scientific Committee, following the Governing Board's guidelines, shall establish the opening and closing of the fishing season for the Agreement's total area of application, in order that the maximum permissible total catch be respected for species which require said methods of conservation.     
Art.18.1.ax  Should an Eastern Pacific Coastal Member State, based on its scientific evidence, believe that the closing date established by the Scientific Committee should be modified, the Executive Secretary shall convene the Governing Board immediately in order to hold the corresponding Extraordinary Meeting.  SCIR   
Art.18.1.bx  The Executive Secretary shall notify Member States of the opening and closing dates of each fishing season.  INFO   
Art.18.2  2. In accordance with the terms of the previous point, when fixing the opening and closing dates for each season, priority consideration shall be given to ensure that each Coastal Member State has sufficient time to fish in the seas adjacent to and within 200 miles of its coastline.     
Art.18.2.0x  Following shall be the effects of closing the fishing season.     
Art.18.2.a  A. On the closing date the fleets of non-coastal States Parties shall cease to fish in the Agreement's area of application; and     
Art.18.2.b  B. As from the closing date the fleets of coastal states parties hereto may continue fishing only in the seas adjacent to and within 200 miles of their own coastline.     
Art.19  Article 19 Registration of Vessels     
Art.19.1x  The States Parties shall inform the Secretariat of the features of their nation's fishing vessels, registration numbers, including fishing tackle and methods, names of shipowner or captain or coxswain when said vessels are engaged in fishing species indicated in Attachment (2) within the present Agreement's area of application. Moreover, the Secretariat shall be notified of any change in said information.  INFO ATTACH  INFO ATTACH 
Art.20  Article 20 Register of Catch  SECF  SECF 
Art.20.1  1. The Secretariat shall keep a fisheries catch register. To this end, the States Parties hereto shall make quarterly reports to the Secretariat of the appropriate data concerning tuna fishing activities carried out in this Agreement's area of application, including information regarding species caught, place and volume of catch. Likewise, the Coastal Member States shall report on fishing permits or licences granted for fishing surpluses.  INFO  INFO 
Art.20.2  2. The Secretariat, through competent international bodies and in collaboration with States Parties hereto shall endeavour to obtain the most complete and reliable information possible on volumes and amounts of fish of the species regulated by the present Agreement, in its area of application as well as in other fishing areas.    INFO 
Art.21  Article 21 Enforcement  IMPL SBF  SECF IMPL DISP 
Art.21.1  1. The Executive Secretary shall promptly inform each State Party hereto, of the names of the vessels to which fishing access record forms have been issued, as well as the seas within 200 miles of the coastlines of coastal States Parties in which said permits are valid.  INFO  INFO 
Art.21.2  2. Each coastal member State shall enforce the application measures set out in the present Agreement, in the seas adjacent to and within 200 miles of its coastline, according to its own domestic laws.     
Art.21.3  3. Supervision and control of any vessel within the present Agreement's area of application and corresponding to the high seas, shall be the responsibility of the State under whose flag the vessel operates.     
Art.21.4  4. When carrying out supervisory responsibilities of conservation measures with respect to vessels of another Member State, on account of violations of sea rights within 200 miles of their coastlines, the coastal state shall adopt the following measures:     
Art.21.4.a  A. As soon as any enforcement or supervision measure be taken, immediately notify the State under whose flag the vessel operates, through diplomatic channels, as well as the Executive Secretary.  INFO  INFO 
Art.21.4.b  B. Withdraw fish, but only in ports, from the holds of vessels of other member States.     
Art.21.5  5. Inspections on board shall be carried out expeditiously with a minimum of interference in fishing operations and involving the least possible risk to vessel and crew.     
Art.21.6  6. The Member States shall adopt the necessary internal legislative measures for complying with their supervisory responsibilities under this Agreement, and shall cooperate in establishing a uniform system of sanctions and other penalties.     
Art.22  Article 22 Sanctions  HOBF IMPL  DISP 
Art.22.1  1. The Governing Board shall encourage member States to adopt a uniform system of sanctions and penalties for violations of the conservation measures agreed upon in this Agreement, applicable within their jurisdiction.     
Art.22.2  2. The States Parties hereto shall in this respect apply legal measures and regulations established at domestic level for exercising their sovereign rights over the exploration, exploitation, conservation and management of species set out in Attachment (2) in the seas adjacent to and within 200 miles of coastal States pursuant to the international Law of the Seas.  SOVR ATTACH RELA  RELA 
Art.22.3  3. At the end of each year, Member States shall inform the Organization through its Secretariat of the number and nature of measures they have adopted within the Agreement's area of application.  INFO   
Art.22.4  4. Should a vessel be detained or seized, this, together with its crew, shall be freed promptly upon compliance with each state's rulings applicable in such case.     
Art.23  Article 23 Vigilance and Inspection  IMPL  IMPL 
Art.23.1x  The States Parties and the Organization shall cooperate in order to establish and implement an effective regional system of vigilance, inspection and coordination, with a view to fostering fulfilment of the conservation measures agreed upon in this Agreement.     
Art.24  Article 24 Funding  FINAD  FINAD 
Art.24.1x  Funding of the organization will be made up of assets and rights which may be acquired for free or for a price.     
Art.25  Article 25 Budget  FINAD  FINAD 
Art.25.1x  The Organization's budget shall be funded principally from income derived from granting international permits or licences for fishing the high seas within the Agreement's area of application.     
Art.25.2x  When said income is not sufficient to defray the Organization's expenses the States Parties shall contribute a proportionate quota to be fixed bearing in mind the following factors, among others:     
Art.25.2x.ax  Permissible domestic catch.     
Art.25.2x.bx  Annual volume of catch made both by its own fleet as well as by vessels holding fishing permits.     
Art.25.2x.cx  The gross tonnage of the domestic tuna fleet.     
Art.26  Article 26 Signature, Ratification and Adherence  MEMB  MEMB 
Art.26.1x  The present Agreement shall be open for signature, ratification and adherence according to the terms set out in Article 3. Adherence to the Agreement implies the adoption of the Governing Board's decisions which are valid on that date.     
Art.27  Article 27 Depositing  DEPO  DEPO 
Art.27.1  1. The original of the present Agreement and the Instruments of Ratification and Adherence to same, as well as all modifications to and claims thereon, shall remain deposited in the foreign department of the host country to the Organization's headquarters.     
Art.27.2  2. The depositary shall inform the member states concerning:     
Art.27.2.a  A. All signatures to the present Agreement and the dates thereof;     
Art.27.2.b  B. The deposit of any Instruments of Ratification or Adherence and the dates involved;     
Art.27.2.c  C. The date on which the present Agreement enters into effect; and     
Art.27.2.d  D. Notification of any and all claims and the date same were received.     
Art.28  Article 28 Registration of Agreement  DEPO  DEPO 
Art.28.1x  Once the present Agreement enters into force the depositary shall register same with the General Secretariat of the United Nations.  RELA  RELA 
Art.29  Article 29 Reservations  RESV  RESV 
Art.29.1x  The present Agreement may not be subject to reservations.     
Art.30  Article 30 Entry into Force  EIF  EIF 
Art.30.1x  The present Agreement shall enter into force on the date on which four (4) of the states referred to in the first paragraph of Article 3 shall have deposited their respective Instruments of Ratification. Later, it shall enter into force for the remaining states on the date they deposit their Instrument of Ratification or Adherence.     
Art.31  Article 31 Amendments  AMND SECF EIF  AMND SECF EIF MEMB 
Art.31.1  1. Any State Party hereto may propose amendments to the present Agreement. For consideration of same it is necessary for at least four (4) States Parties hereto to request the convening of a special meeting open to the participation by all member states. Approval of amendments shall be subject to the terms of Article 10 according to the subject matter thereof.     
Art.31.2  2. The Organization's Secretariat shall remit to the member states the proposed amendments which have been presented, and shall convene the special meeting referred to in the preceding paragraph.     
Art.31.3  3. Approved amendments shall be subject to ratification and shall enter into force in accordance with the prerequisites fixed by the Governing Board for same.     
Art.32  Article 32 Claims  DEPO  RESV 
Art.32.1x  Any State Party to the present Agreement may claim regarding same by means of a written notification made before the depositary, and such claim shall take effect as from December 31 of the year following the one in which it was made.     
Art.33  Article 33 Controversy  DISP  DISP HOBF 
Art.33.1  1. Any and all controversy relating to the application of the present Agreement that is not resolved among the interested member states, shall be submitted at the petition of any party to the controversy, to an ad-hoc conciliation system established for this purpose by the Governing Board.     
Art.33.2  2. Should the controversy not be resolved through the application of said procedure, recourse may be made to any other peaceful means foreseen in international law for resolving disputes.     
Art.34  Article 34 Languages  HOBS  HOBS 
Art.34.1x  The official languages of the Organization shall be Spanish and English.     
Art.35  Article 35 Proviso Clause     
Art.35.1x  The present Agreement does not prejudge, affect nor modify the positions that the States Parties hereto maintain with respect to the law of the seas, their sovereignty nor their sovereign rights and jurisdiction over their territorial waters.  SOVR RELA  SOVR 
Conc.1  In witness whereof the duly accredited Plenipotentiaries sign this Agreement at the city of Lima, Peru on the twenty-first day of the month of July, One Thousand Nine Hundred and Eighty-Nine, the originals being in both the Spanish and English languages, both texts being legally binding.  CONC TEXT  CONC TEXT 
Please cite as:
Data from Ronald B. Mitchell. 2002-2017. International Environmental Agreements Database Project (Version 2014.3).
Available at: http://iea-archive.uoregon.edu/
Date accessed: 27 May 2017