The Contracting Parties to this Agreement:
Resolved
to cooperate for the purpose of ensuring the conservation and rational utilization of tuna resources in the Eastern Pacific Ocean.
Bearing in mind that tuna cover a broad area which, in the Eastern Pacific Ocean, includes jurisdictional zones of a varying nature declared by the coastal States and a considerable portion of the seas in which coastal States do not exercise any jurisdiction.
Recognizing that a tuna conservation regime for the Eastern Pacific Ocean cannot be effective and equitable unless it is comprehensive and has the participation of all States that fish tuna in that region on a meaningful scale in relation to conservation requirements.
Convinced that it is essential to establish, pending conclusion of a comprehensive regional tuna conservation regime, an interim regime, taking into account the jurisdictional zones declared by many coastal States of the Eastern Pacific Ocean as well as the highly migratory character of tuna.
Have agreed as follows:
Article I
The Contracting Parties agree to establish an interim regime for the management of fishing activities of tuna vessels in the Eastern Pacific Ocean, based on a scheme for granting licences in the region, which guarantees rational exploitation of the resources and equitable access to the fishing areas.
Article II
For the purpose of this Agreement, the Contracting Parties agree that:
A
- "Coastal States" means States bordering the area described in paragraph B of this Article.
B - The "Agreement Area" means the following:
From the point on the mainland where the parallel of 40°N latitude intersects the coast westward along the parallel of 40°N latitude to 40°N latitude by 125°W longitude, thence southerly along the meridian of 125°W longitude to 20°N latitude by 125°W longitude, then easterly along the parallel of 20°N latitude to 20°N latitude by 120°W longitude, thence southerly along the meridian of 120°W longitude to 5°N latitude by 120°W longitude, thence easterly along the parallel of 5°N latitude to 5°N latitude by 110°W longitude, thence southerly along the meridian of 110°W longitude to 10°S latitude by 110°W longitude, thence easterly along the parallel of 10°S latitude to 10°S latitude by 90°W longitude, thence southerly along the meridian of 90°W longitude to 30°S latitude by 90°W longitude, thence easterly along the parallel of 30°S latitude to the point on the mainland where the parallel intersects the coast, excluding the areas within 12 nautical miles of the baseline from which the breadth of territorial sea is measured and those areas within 200 nautical miles of the baselines of coastal States not signatories to this Agreement, measured from the same baseline. The Agreement area may be adjusted according to the provisions of Article III(B).
C - The species of tuna subject to this Agreement are: yellowfin tuna, Thunnus albacares (Bonnaterre, 1788); bigeye tuna, Thunnus obesus (Lowe, 1839); albacore tuna, Thunnus alalunga (Bonnaterre, 1788); northern bluefin tuna, Thunnus thynnus (Linnaeus, 1758); southern bluefin tuna, Thunnus maccoyii (Castelnau, 1872); skipjack tuna, Katsuwonus pelamis (Linnaeus, 1758); black skipjack, Euthynnus lineatus (Kishinouye, 1920); Kawakawa, Euthynnus affinis (Cantor, 1849); bullet tuna, Auxis rochei (Risso, 1810); frigate tuna, Auxis thazard (Lacepede, 1800); eastern Pacific bonito, Sarda chiliensis (Cuvier in Cuvier and Valenciennes, 1831); and Indo-Pacific bonito, Sarda orientalis (Temminck and Schlegal, 1844).
Article III
A - The Contracting Parties agree to establish a Council to implement this Agreement. The Council shall be composed of representatives of the Contracting Parties which are coastal States or are members of the Inter-American Tuna Commission (IATTC) at the time that this Agreement enters into force. Each such Contracting Party may appoint one representative and up to three alternative representatives to the Council, but each such Party shall have only one vote. All Council decisions shall be adopted by unanimous agreement of such Contracting Parties present when the vote is taken, provided that at least five such Contracting Parties are represented.
B - The Council shall have authority:
1. To issue licences in accordance with Article IV.2. To appoint the national authority designated by any Contracting Party to issue licences in accordance with this Agreement.
3. To appoint a Director, and to provide the resources to pay for his services and those of any needed staff, by contract or other arrangements.
4. To approve the proposed budget which shall be submitted annually to the Council by the Director.
5. To authorize the Director to request and utilize the services and resources of any competent international agency or organization.
6. To establish licence fees within limits prescribed in the Protocol to this Agreement.
7. To disburse annually the revenue produced by the licence fees in accordance with the Protocol to this Agreement.
8. To request reports from any competent international agency or organization On the status of any stocks of tuna in the Agreement Area, and to take such reports into account to promote the establishment of a comprehensive regional tuna conservation regime comprised of all States that fish tuna in the Eastern Pacific Ocean on a meaningful scale in relation to conservation requirements.
9. To establish regulations for the effective implementation of this Agreement.
10. To adjust the boundaries of the Agreement Area, in accordance with recommendations by the Director.
C - When the Council decides, based on scientific data contained in a report of any competent international agency or organization, that there is urgent necessity to conserve tuna resources, the Contracting Parties shall enter into consultations among themselves, and with States that are not Contracting Parties and fish tuna in the Eastern Pacific Ocean on a meaningful scale in relation to conservation requirements.
D - In addition to actions taken in accordance with paragraph C, whenever the Contracting Parties include all States that fish tuna in the Eastern Pacific Ocean on a meaningful scale in relation to conservation requirements, pending conclusion of a comprehensive regional tuna conservation regime in which all such States participate, the Council may make interim conservation recommendations concerning tuna resources. Such recommendations shall be based on the reports referred to in paragraph B (8), and shall be consistent with and not supercede, the obligations of any Contracting Party pursuant to any relevant multilateral conservation agreement.
E - The Council shall meet ordinarily once a year, and extraordinarily at the request of the Director or representatives of two Contracting Parties.
F - The Director shall carry out duties set forth in this Agreement and as otherwise prescribed by the Council. The Director shall be responsible to the Council.
G - The Contracting Parties shall request their licensed vessels to cooperate with any competent international agency or organization to facilitate the collection of appropriate data.
H - Any authority not expressly provided to the Council is reserved to the Contracting Parties.
Article IV
A - The Contracting Parties agree to the issuance of licences permitting access to fishing in the Agreement Area. Licensing authority shall be vested in the Council.
B - The Contracting Parties agree that, in order to fish in the Agreement Area for any of the species of tuna designated in Article II, vessels flying their flags shall be required to have a valid licence, issued in accordance with this Agreement.
C - Licence fees shall be established according to the provisions of the Protocol to this Agreement.
D - The Council, through the Director or an appointed national authority, shall issue licences directly to owners or their representatives, of the flag vessels of the Contracting Parties in accordance with the Protocol to this Agreement.
Article V
Any Contracting Party may require only those vessels flying its own flag to utilize the services of its national authority appointed by the Council.
Article VI
A - The Contracting Parties agree not to prohibit the importation of tuna and tuna products from another Contracting Party, as a result of any enforcement action by that Contracting Party consistent with this Agreement, as long as such Party is acting in conformity with this Agreement.
B - Each Contracting Party shall adopt, as soon as possible, such provisions in its national law as may be necessary to ensure that its own flag vessels comply with the provisions of this Agreement and its Protocol.
Article VII
Contracting Parties to this Agreement may be:
A
- Coastal States as defined in Article II
B - Member States of the IATTC
Article VIII
Any State not included in Article VII may become a Contracting Party by adhering to this Agreement after unanimous approval by the Council.
Article IX
This Agreement shall enter into force 50 days after the deposit of the fifth instrument of ratification or adherence by a coastal State.
In the case of any State that deposits its instrument of ratification or adherence after the Agreement has entered into force, this Agreement shall enter into force for such State 50 days after the date on which such State has deposited said instrument.
Article X
The instruments of ratification or adherence shall be deposited with the Government of Costa Rica, at the Ministry of Foreign Relations and Worship.
Article XI
If during any period after entry into force, there are fewer than five Contracting Parties that are coastal States, the provisions of this Agreement shall not apply for such remaining Contracting Parties during such period, but this Agreement shall not terminate.
Article XII
Any Contracting Party may, at any time after two years from the date on which this Agreement has entered into force for such Party, withdraw from this Agreement upon giving written notice to the Ministry of Foreign Relations and Worship of Costa Rica. If such notice is received by the Government of Costa Rica no later than 1 October of any year, it shall become effective on 31 December of that year. Any such notice received after 1 October of any year shall become effective on 31 December of the following year.
Article XIII
The provisions of this Agreement do not prejudice the positions of the Contracting Parties regarding internal waters, territorial seas, exclusive economic zones, fishery conservation zones, high seas, or sovereign rights or jurisdiction for any other purpose.
Article XIV
The Contracting Parties, recognizing the interim nature of this Agreement and the highly migratory character of the tuna resource, agree to continue their efforts to establish a new regional regime for the conservation, management, and orderly exploitation of tuna resources in the Eastern Pacific Ocean.
This regional regime shall include equitable guaranteed quotas to coastal States based upon, inter alia, the criterion of concentration of the tuna resource, the effective measurement of which shall be determined in the future agreement among participants in the tuna fishery in the area regulated by the IATTC.
Article XV
The Contracting Parties, in view of their mutual interest in the effective implementation of the measures provided by this Agreement, undertake to cooperate to the extent possible in their tuna fisheries relations in the Eastern Pacific Ocean, pending the issuance of licences pursuant to this Agreement.
Article XVI
This Agreement shall be open for signature from 14 March 1983, until such time as the depositary shall receive the instrument of ratification or adherence of a fifth coastal State.
In witness whereof, the undersigned plenipotentiaries, duly authorised by their respective governments, have signed this Agreement.
Done at San Jose, Costa Rica, on 14 March 1983, in two copies in the Spanish and English languages, both texts being equally authentic, and will remain with the depositary that will provide certified copies of both texts to all signatory States.
Protocol to the Eastern Pacific Ocean Tuna Fishing Agreement
A
1- If the Agreement enters into force with five Contracting Parties, the fee for a fishing licence shall be US$ 60 (sixty dollars) per net registered ton of the vessel requesting the licence.2- For each additional Contracting Party which is a coastal State, the Council shall adjust the licence fee up to a maximum of US$ 100 (one hundred dollars) per net registered ton. For this purpose, the Council shall take into account, inter alia, the amount of tuna taken within 200 nautical miles from the baselines from which the breadth of the territorial sea of the coastal State ratifying or adhering to this Agreement is measured. The minimum increase in the fee for each additional coastal State ratifying or adhering, after the sixth, shall be US$ 10 (ten dollars) per net registered ton. The minimum increase for the sixth coastal State may be more than, or less than, US$ 10 (ten dollars) per net registered ton, also as determined by the Council.
3- Upon withdrawal by any coastal State, the licence fee shall be decreased, taking into account, inter alia, the amount of tuna taken within 200 nautical miles of the aforementioned baselines of the coastal State withdrawing from the Agreement. However, in no case shall the fee be less than US$ 60 (sixty dollars) per net registered ton.
B - Licences may be purchased at any time upon full payment of the established fee. Licences shall be valid until 31 December of each year and allow access to fishing in the Agreement area.
C - Any Contracting Party's vessel with a net registered tonnage of 200 tons or less may obtain licences on a semi-annual rather than on an annual basis. The fee for a semi-annual licence shall be one-half of the annual fee.
D - Licences shall not be required of vessels with a net registered tonnage of 200 tons or less which fish exclusively within 200 nautical miles of the aforementioned baselines of their flag State. However, the flag State shall notify the Director of the names, registrations, tonnages and catches of such vessels.
E - For the purpose of the Agreement and this Protocol, the term "tons" refers to short tons.
F - After deducting an appropriate percentage of the total fees collected for administrative costs, but in no case more than 10 percent of the annual total, the Council shall disburse annually the balance of all fees to the coastal States in proportion to the amount of tuna taken within 200 nautical miles of the aforementioned baselines during the year in which the licences are issued. For the purposes of such disbursement, the Council in accordance with paragraph G of this Protocol may request, in addition, data from any competent international agency or organization.
G
1- All licensed vessels shall provide written reports on the size of the catches taken in the Agreement Area making specific mention of the coordinates of where the catches were made. These data shall be entered in the log book of each vessel.2- These data shall be confidential and shall not be used for any purpose other than as specifically provided by the Agreement and this Protocol.
3- The Director shall transmit to the Council aggregate data by area and size of catch.
4- The Council shall determine the mechanisms of collection and analysis of these data.
5- In accordance with Article VI(B) of the Agreement, each Contracting Party shall establish and enforce appropriate penalties for failure of its vessels to comply with their obligations set forth in this Protocol.
H - The Contracting Parties will consult, as appropriate, with other States with a view to agreeing on the conditions of participation in this Agreement.
