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1998: Agreement On The International Dolphin Conservation Program

Related Lineage is: International Dolphin Conservation
  Provision  First Coders Codes  Second Coders Codes 
Titl.1  AGREEMENT ON THE INTERNATIONAL DOLPHIN CONSERVATION PROGRAM  TITL  TITL 
Src.1  Source: Unofficial Text  SRC  SRC 
Pre.1  Preamble  DESC  DESC GOAL 
Pre.2  The Parties to this Agreement,      
Pre.3  Aware that, in accordance with the relevant provisions of international law, as reflected in the United Nations Convention on the Law of the Sea (UNCLOS) of 1982, all States have the duty to take, or to cooperate with other States in taking, such measures as may be necessary for the conservation and management of living marine resources;   RELA  RELA 
Pre.4  Inspired by the principles contained in the Rio Declaration on Environment and Development of 1992, as well as the wish to implement the principles and standards of the Code of Conduct for Responsible Fisheries adopted by the FAO Conference in 1995;   RELA  RELA 
Pre.5  Stressing the political will of the international community to contribute to enhancing the effectiveness of fisheries conservation and management measures, through the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the FAO Conference in 1993;   RELA  RELA 
Pre.6  Taking note that the 50th General Assembly of the United Nations, pursuant to resolution A/RES/50/24, adopted the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Stocks and Highly Migratory Fish Stocks ("the United Nations Agreement on Straddling Fish Stocks and Highly Migratory Fish Stocks");   RELA  RELA 
Pre.7  Reaffirming the commitments established in the La Jolla Agreement of 1992 and in the Declaration of Panama of 1995;  RELA  RELA 
Pre.8  Emphasizing the goals of eliminating dolphin mortality in the purse-seine tuna fishery in the eastern Pacific Ocean and of seeking ecologically sound means of capturing large yellowfin tunas not in association with dolphins;     
Pre.9  Considering the importance of the tuna fishery as a source of food and income for the populations of the Parties and that conservation and management measures must address those needs and take into account the economic and social impacts of those measures;     
Pre.10  Recognizing the dramatic reduction of incidental dolphin mortality achieved through the La Jolla Agreement;  RELA  RELA 
Pre.11  Convinced that scientific evidence demonstrates that the technique of fishing for tuna in association with dolphins, in compliance with the regulations and procedures established under the La Jolla Agreement and reflected in the Declaration of Panama, has provided an effective method for the protection of dolphins and rational use of tuna resources in the eastern Pacific Ocean;   SCIR RELA  RELA 
Pre.12  Reaffirming that multilateral cooperation constitutes the most effective means for achieving the objectives of conservation and sustainable use of living marine resources;     
Pre.13  Committed to ensure the sustainability of tuna stocks in the eastern Pacific Ocean and to progressively reduce the incidental dolphin mortalities in the tuna fishery of the eastern Pacific Ocean to levels approaching zero; to avoid, reduce and minimize the incidental catch and the discard of juvenile tuna and the incidental catch of non-target species, taking into consideration the interrelationship among species in the ecosystem;      
Pre.14  Have agreed as follows:     
Art.1  Article I Definitions  DEFN  DEFN 
Art.1.0x  For the purposes of this Agreement:     
Art.1.1  1. "Tuna" means the species of the suborder Scombroidei (Klawe, 1980), with the exception of the genus Scomber.     
Art.1.2  2. "Dolphins" means species of the family Delphinidae associated with the fishery for yellowfin tuna in the Agreement Area.     
Art.1.3  3. "Vessel" means a vessel that fishes for tuna with a purse seine.      
Art.1.4  4. "Parties" means the States or regional economic integration organizations which have consented to be bound by this Agreement and for which this Agreement is in force.     
Art.1.5  5. "Regional economic integration organization" means a regional economic integration organization to which its member States have transferred competence over matters covered by this Agreement, including the authority to make decisions binding on its member States in respect of those matters;     
Art.1.6  6. "IATTC" means the Inter-American Tropical Tuna Commission.     
Art.1.7  7. "La Jolla Agreement" means the instrument adopted at the Intergovernmental Meeting held in June, 1992.     
Art.1.8  8. "International Dolphin Conservation Program" means the international program established pursuant to this Agreement based on the La Jolla Agreement, as formalized, modified and enhanced in accordance with the Declaration of Panama.     
Art.1.9  9. "On-Board Observer Program" means the program defined in Annex II.     
Art.1.10  10. "Declaration of Panama" means the Declaration signed in Panama City, Republic of Panama, on October 4, 1995.     
Art.1.11  11. "Director" means the Director of Investigations of the IATTC.      
Art.2  Article II Objectives  GOAL  GOAL 
Art.2.0x  The objectives of this Agreement are:     
Art.2.1  1. To progressively reduce incidental dolphin mortalities in the tuna purse-seine fishery in the Agreement Area to levels approaching zero, through the setting of annual limits;     
Art.2.2  2. With the goal of eliminating dolphin mortality in this fishery, to seek ecologically sound means of capturing large yellowfin tunas not in association with dolphins; and     
Art.2.3  3. To ensure the long-term sustainability of the tuna stocks in the Agreement Area, as well as that of the living marine resources related to this fishery, taking into consideration the interrelationship among species in the ecosystem, with special emphasis on, inter alia, avoiding, reducing and minimizing bycatch and discards of juvenile tunas and non-target species.      
Art.3  Article III Area of Application of the Agreement    SCOP 
Art.3.1x  The area of application of this Agreement ("the Agreement Area") is defined in Annex I.   ATTACH  ATTACH 
Art.4  Article IV General Measures  SUBS  SUBS 
Art.4.0x  The Parties shall, within the framework of the IATTC:   RELA   
Art.4.1  1. Take measures to ensure the conservation of ecosystems as well as conservation and management measures to ensure the long-term sustainability of tuna stocks and other stocks of living marine resources associated with the tuna purse-seine fishery in the Agreement Area, based on the best scientific evidence available, and apply the precautionary approach, consistent with the relevant provisions of the FAO Code of Conduct for Responsible Fisheries and the United Nations Agreement on Straddling Fish Stocks and Highly Migratory Fish Stocks. Such measures shall be designed to maintain or restore the biomass of harvested stocks at or above levels capable of producing maximum sustainable yield, and with the goal of maintaining or restoring the biomass of associated stocks at or above levels capable of producing maximum sustainable yield; and  SCIR RELA  SCIR RELA 
Art.4.2  2. Take measures, according to their capacities, to assess the catch and bycatch of juvenile yellowfin tuna and other stocks of living marine resources related to the purse-seine tuna fishery in the Agreement Area and establish measures in accordance with Article VI to, inter alia, avoid, reduce and minimize the bycatch of juvenile yellowfin tuna and bycatch of non-target species, in order to ensure long-term sustainability of all these species, taking into consideration the interrelationships among species in the ecosystem.     SCIR 
Art.5  Article V International Dolphin Conservation Program  SUBS  IMPL REVW 
Art.5.0x  Pursuant to the International Dolphin Conservation Program and in consideration of the objective of this Agreement, the Parties shall, inter alia:      
Art.5.1  1. Limit total incidental dolphin mortality in the purse-seine tuna fishery in the Agreement Area to no more than 5,000 annually, through the adoption and implementation of relevant measures, which shall include:      
Art.5.1.a  a. The establishment of a system that provides incentives to vessel captains to continue to reduce incidental dolphin mortality, with the goal of eliminating dolphin mortality in this fishery;     
Art.5.1.b  b. The establishment within the framework of the IATTC of a system of technical training and certification for fishing captains and crews on the gear and its use, as well as the techniques for the rescue and safety of dolphins;  SCIR RELA  SCIR 
Art.5.1.c  c. Within the framework of the IATTC, the promotion and support of research to improve gear, equipment, and fishing techniques, including those used in the fishery for tunas associated with dolphins;  SCIR RELA  SCIR 
Art.5.1.d  d. The establishment of an equitable system for the assignment of dolphin mortality limits (DMLs), consistent with the per-year dolphin mortality caps, in accordance with Annexes III and IV;  ATTACH  ATTACH 
Art.5.1.e  e. Requiring their respective vessels that have been assigned a DML, or that otherwise operate in the Agreement Area, to comply with the operational requirements set forth in Annex VIII;  ATTACH  ATTACH 
Art.5.1.f  f. The establishment of a system for the tracking and verification of tuna harvested with and without mortality or serious injury of dolphins, based on the elements set forth in Annex IX;  ATTACH  ATTACH 
Art.5.1.g  g. The exchange of scientific research data collected by the Parties pursuant to this Agreement on a full and timely basis; and  SCIR INFO  INFO SCIR 
Art.5.1.h  h. The conduct of research for the purpose of seeking ecologically sound means of capturing large yellowfin tunas not in association with dolphins;  SCIR  SCIR 
Art.5.2  2. Establish per-stock per-year dolphin mortality caps, and review and assess the effects of these caps, in accordance with Annex III; and  ATTACH  ATTACH 
Art.5.3  3.Review the measures at a Meeting of the Parties.     
Art.6  Article VI Sustainability of Living Marine Resources  SUBS  IMPL 
Art.6.0x  Pursuant to Article IV, the Parties commit to develop and implement, within the framework of the IATTC, measures to ensure the long-term sustainability of living marine resources associated with the purse-seine tuna fishery in the Agreement Area, taking into consideration the interrelationships among species in the ecosystem. To this end, the Parties shall, inter alia:   RELA  SCIR 
Art.6.1  1. Develop and implement a program for assessing, monitoring and minimizing bycatch of juvenile tuna and non-target species in the Agreement Area;  SCIR   
Art.6.2  2. To the maximum extent practicable, develop and require the use of selective, environmentally safe and cost-effective fishing gear and techniques;  SCIR   
Art.6.3  3. Require that their vessels operating in the Agreement Area release alive incidentally caught sea turtles and other threatened or endangered species, to the maximum extent practicable; and     
Art.6.4  4. Request the IATTC to initiate investigations to assess whether the fishing capacity of vessels fishing in the Agreement Area poses a threat to the sustainability of tuna stocks and other living marine resources associated with the fishery and, if so, examine possible measures and recommend their adoption whenever appropriate.   RELA   
Art.7  Article VII Implementation at the National Level  IMPL  IMPL 
Art.7.1x  Each Party shall adopt, in accordance with its laws and procedures, the necessary measures to ensure the implementation of and compliance with this Agreement including, as appropriate, the adoption of relevant laws and regulations.      
Art.8  Article VIII Meeting of the Parties  HOBS  HOBS 
Art.8.1  1. The Parties shall meet periodically to consider matters pertaining to the implementation of this Agreement and to make all decisions relevant thereto.     
Art.8.2  2. The ordinary Meeting of the Parties shall take place at least once a year, preferably in conjunction with an IATTC meeting.  RELA   
Art.8.3  3. The Parties may also hold extraordinary meetings when deemed necessary. These meetings shall be convened at the request of any Party, provided that such request is supported by a majority of the Parties.     
Art.8.4  4. The Meeting of the Parties shall be held when a quorum is present. Quorum is reached when a majority of the Parties are present. This rule shall also apply to meetings of subsidiary organs established under this Agreement.     
Art.8.5  5. The meetings shall be held in Spanish and English, and the documents of the Meeting of the Parties shall be produced in both these languages.      
Art.9  Article IX Decision Making  HOBS  HOBS 
Art.9.1x  All decisions made by the Parties at meetings convened pursuant to Article VIII shall be by consensus.     
Art.10  Article X Scientific Advisory Board    SBS SBF 
Art.10.1x  The functions of the Scientific Advisory Board, established pursuant to the La Jolla Agreement, shall be those set forth in Annex V. The Scientific Advisory Board shall be composed and shall operate in accordance with the provisions of Annex V.   ATTACH RELA  RELA ATTACH 
Art.11  Article XI National Scientific Advisory Committees  NATBS NATBF SUBS  NATBS NATBF IMPL REVW 
Art.11.1  1. Each Party shall, in accordance with its laws and procedures, establish a National Scientific Advisory Committee (NATSAC) of qualified experts, operating in their individual capacities, from the public and private sectors, and from non-governmental organizations including, inter alia, qualified scientists.  SCIR   
Art.11.2  2. The functions of the NATSACs shall be, inter alia, those set forth in Annex VI.  ATTACH  ATTACH 
Art.11.3  3. The Parties shall ensure that the NATSACs shall cooperate through regular and timely meetings in the review of data and the status of stocks, and in the development of advice for achieving the objectives of this Agreement. Such meetings shall take place at least once a year in conjunction with an ordinary Meeting of the Parties.      
Art.12  Article XII International Review Panel    SBS SBF 
Art.12.1x  The functions of the International Review Panel (IRP), established pursuant to the La Jolla Agreement, shall be those set forth in Annex VII. The IRP shall be composed and shall operate in accordance with the provisions of Annex VII.   ATTACH RELA  ATTACH RELA 
Art.13  Article XIII On-Board Observer Program    SBS 
Art.13.1x  The On-Board Observer Program established pursuant to the La Jolla Agreement shall operate in accordance with Annex II.  ATTACH RELA  RELA 
Art.14  Article XIV Role of the IATTC  SECS  SECS 
Art.14.1x  Envisioning that the IATTC shall have an integral role in coordinating the implementation of this Agreement, the Parties shall, inter alia, request the IATTC to provide Secretariat support and to perform such other functions as are set forth in this Agreement or are agreed upon pursuant to this Agreement.   RELA  RELA 
Art.15  Article XV Financing  FINAD  FINAD 
Art.15.1x  The Parties shall contribute to the expenses necessary to achieve the objectives of this Agreement, through the establishment and collection of vessel fees, the level of which shall be determined by the Parties, without prejudice to other voluntary financial contributions.      
Art.16  Article XVI Compliance  IMPL  IMPL 
Art.16.1  1.Each Party shall ensure with respect to vessels under its jurisdiction effective compliance with the measures set forth in this Agreement or adopted pursuant thereto. In particular, each Party shall ensure, through, inter alia, an annual certification and inspection program, that vessels under its jurisdiction comply with:      
Art.16.1.a  a. the operational requirements established in Annex VIII; and  ATTACH  ATTACH 
Art.16.1.b  b. the on-board observer requirements established in Annex II.  ATTACH  ATTACH 
Art.16.2  2. In respect of violations, each Party, taking into consideration the recommendations of the IRP, shall apply, consistent with its national laws, sanctions of sufficient gravity as to be effective in securing compliance with the provisions of this Agreement and of measures adopted pursuant thereto and to deprive offenders of the benefits accruing from their illegal activities. Such sanctions shall, for serious offenses, include refusal, suspension or withdrawal of the authorization to fish.  RELA   
Art.16.3  3. The Parties shall establish incentives for the captains and crews of vessels, with the view to enhancing compliance with this Agreement and its objectives.     
Art.16.4  4. The Parties shall adopt cooperative measures to ensure compliance with this Agreement, building on decisions that have been taken under the La Jolla Agreement.  RELA  RELA 
Art.16.5  5. Each Party shall promptly inform the IRP of enforcement actions it has taken pursuant to this Agreement, and the results thereof.   RELA INFO   
Art.17  Article XVII Transparency  SUBS HOBS  IMPL HOBS 
Art.17.1  1. The Parties shall promote transparency in the implementation of this Agreement, including through public participation, as appropriate.    INFO 
Art.17.2  2. Representatives from intergovernmental organizations and representatives from non-governmental organizations concerned with matters relevant to the implementation of this Agreement shall be afforded the opportunity to take part in meetings of the Parties convened pursuant to Article VIII as observers or otherwise, as appropriate, in accordance with the guidelines and criteria set forth in Annex X. Such intergovernmental organizations and non-governmental organizations shall have timely access to relevant information, subject to procedural rules on access to such information that the Parties may adopt.   ATTACH  ATTACH 
Art.18  Article XVIII Confidentiality  HOBF SUBS  HOBF 
Art.18.1  1. The Meeting of the Parties shall establish rules of confidentiality for all bodies given access to information pursuant to this Agreement.     
Art.18.2  2. Notwithstanding any confidentiality rules which may be adopted in accordance with paragraph 1 above, any persons with access to such confidential information may disclose such information in connection with legal or administrative proceedings, if requested by a competent authority of the Party concerned.      
Art.19  Article XIX Cooperation with other Organizations or Arrangements  SUBS  IMPL 
Art.19.1x  The Parties shall cooperate with subregional, regional and global fishery conservation and management organizations and arrangements with the goal of promoting the achievement of the objectives of this Agreement.      
Art.20  Article XX Settlement of Disputes  DISP  DISP 
Art.20.1  1. The Parties shall cooperate in order to prevent disputes. Any Party may consult with one or more other Parties about any dispute related to the interpretation or application of the provisions of this Agreement to reach a solution satisfactory to all as quickly as possible.     
Art.20.2  2. If a dispute is not settled through such consultation within a reasonable period, the Parties in question shall consult among themselves as soon as possible in order to settle the dispute through any peaceful means they may decide upon in accordance with international law.      
Art.21  Article XXI Rights of States     
Art.21.1x  No provision of this Agreement may be interpreted in such a way as to prejudice or undermine the sovereignty, sovereign rights or jurisdiction exercised by any State in accordance with international law, as well as its position or views with regard to matters relating to the law of the sea.   SOVR  SOVR 
Art.22  Article XXII Non-Parties  SUBS  IMPL 
Art.22.1  1. The Parties shall encourage all States and regional economic integration organizations referred to in Article XXIV of this Agreement that are not Parties to become Parties to this Agreement or to adopt laws and regulations consistent with it.     
Art.22.2  2. The Parties shall cooperate, in accordance with this Agreement and international law, to deter vessels flying the flags of States that are not Parties from carrying out activities that undermine the effectiveness of this Agreement. To this end, the Parties shall, inter alia, call to the attention of non-Parties such activities by their vessels.     
Art.22.3  3. The Parties shall exchange information among themselves, either directly or through the Director, with respect to activities of vessels flying the flags of non-Parties that undermine the effectiveness of this Agreement.   INFO RELA  INFO 
Art.23  Article XXIII Annexes     
Art.23.1x  The Annexes form an integral part of this Agreement and, unless expressly provided otherwise, a reference to this Agreement includes a reference to the Annexes relating thereto.   ATTACH  ATTACH 
Art.24  Article XXIV Signature  MEMB  MEMB 
Art.24.1x  This Agreement is open for signature at Washington from May 15, 1998, until May 14, 1999 by States with a coastline bordering the Agreement Area and by States or regional economic integration organizations which are members of the IATTC or whose vessels fish for tuna in the Agreement Area while the Agreement is open for signature.   RELA   
Art.25  Article XXV Ratification, Acceptance or Approval   MEMB  MEMB 
Art.25.1x  This Agreement is subject to ratification, acceptance or approval by the Signatories in accordance with their domestic laws and procedures.      
Art.26  Article XXVI Accession  MEMB  MEMB 
Art.26.1x  This Agreement shall remain open to accession by any State or regional economic integration organization that meets the requirements in Article XXIV, or is otherwise invited to accede to the Agreement on the basis of a decision by the Parties.      
Art.27  Article XXVII Entry into Force  EIF  EIF DEPO 
Art.27.1  1. This Agreement shall enter into force upon deposit of the fourth instrument of ratification, acceptance, approval or accession with the Depositary.     
Art.27.2  2. After the date referred to in paragraph 1, with respect to each state or regional economic integration organization that meets the requirements of Article XXIV, the Agreement will enter into force for said state upon deposit of its instrument of ratification, acceptance, approval or accession.      
Art.28  Article XXVIII Reservations  RESV  RESV 
Art.28.1x  No reservations may be made to this Agreement.     
Art.29  Article XXIX Provisional Application  RESV  MEMB 
Art.29.1  1. This Agreement shall be applied provisionally by a State or regional economic integration organization which consents to its provisional application by so notifying the Depositary in writing. Such provisional application shall become effective from the date of receipt of the notification.     
Art.29.2  2. Provisional application by a State or regional economic integration organization shall terminate upon the entry into force of this Agreement for that State or regional economic integration organization or upon notification by that State or regional economic integration organization to the Depositary in writing of its intention to terminate provisional application.     
Art.30  Article XXX Amendments  AMND DEPO EIF HOBF  AMND DEPO EIF 
Art.30.1  1. Any Party may propose an amendment to this Agreement by providing to the Depositary the text of a proposed amendment at least sixty days in advance of a Meeting of the Parties. The Depositary shall provide a copy of this text to all other Parties.     
Art.30.2  2. Amendments to this Agreement that are adopted by consensus at a Meeting of the Parties shall enter into force on the date on which all Parties have deposited instruments of ratification, acceptance or approval with the Depositary.     
Art.30.3  3. Unless the Parties decide otherwise, the Annexes to this Agreement may be amended, by consensus, at any Meeting of the Parties. Unless otherwise agreed, amendments to an Annex shall enter into force for all Parties upon adoption.   ATTACH   
Art.31  Article XXXI Withdrawal  RESV  RESV 
Art.31.1x  Any Party may withdraw at any time after twelve months from the date on which this Agreement entered into force with respect to that Party by giving written notice of withdrawal to the Depositary. The Depositary shall inform the other Parties of the withdrawal within 30 days of receipt of such notice. The withdrawal shall become effective six months after receipt of such notice.     
Art.32  Article XXXII Depositary  DEPO  DEPO 
Art.32.1x  The original texts of this Agreement shall be deposited with the Government of the United States of America, which shall send certified copies thereof to the Signatories and the Parties thereto, and to the Secretary General of the United Nations for registration and publication, pursuant to Article 102 of the Charter of the United Nations.   RELA  RELA 
Conc.1  IN WITNESS WHEREOF, the undersigned plenipotentiaries, having been duly authorized by their respective Governments, have signed this Agreement.   CONC TEXT  CONC TEXT 
Conc.2  DONE AT Washington, on this fifteenth day of May, 1998, in English and Spanish, both texts being equally authentic.      
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: 22 July 2017