**Convention for the Establishment of an**

**Inter-American Tropical Tuna Commission (IATTC) Convention for the
Establishment of anInter‑American Tropical Tuna Commission (IATTC)**

**[Basic Instrument]{.underline}**

Convention between the United States of America and the Republic of
Costa Rica for the establishment of an Inter-American Tropical Tuna
Commission, 1949 (TIAS 2044)

**[Implementing Legislation]{.underline}**

Tuna Conventions Act of 1950 (64 Stat. 777), as amended (16 U.S.C.,
951-961)

**[Member Nations]{.underline}**

Costa Rica, Ecuador, El Salvador, France, Guatemala, Japan, Mexico,
Nicaragua, Panama, Peru, Spain, the United States, Vanuatu, and
Venezuela.

**[Commission Headquarters]{.underline}**

Inter-American Tropical Tuna Commission

c/o Scripps Institute of Oceanography

8604 La Jolla Shores Drive

La Jolla, California 92037-1508

Director of Investigations: Dr. Robin Allen

Telephone: (858) 546-7100

Fax: (858) 546-7133

Web Address: http://www.iattc.org

**[Budget]{.underline}**

As defined by the Tuna Conventions Act, the expenses of the Commission
are to be shared by the Contracting Parties in relation to the
proportion of the total catch by each Party from the fisheries covered
by the Convention and the portion of the catch utilized by each Party.
\"Utilized\" is defined as eaten fresh, or processed for internal
consumption or export. Thus, tunas landed by a Party and subsequently
exported in the round are not included in computing that Party\'s
contribution, but those which are exported canned are included. The
Party proportions are calculated from statistics compiled by Commission
staff for calendar years previous (about 3 years) to the Fiscal Year
(FY) budget in question. Historically, the United States has paid the
bulk (80-90 percent) of the Commission\'s budget. However, U.S.
utilization of the catch, as defined by the Convention, from the eastern
Pacific Ocean (EPO) has greatly diminished since the U.S. tuna market
became \"dolphin-safe\" in mid-1994, thereby causing the U.S. required
contribution to be diminished. Further, the Department of State has
indicated that the U.S. contribution will be reduced, and the IATTC is
developing a new framework for determining contributions. The IATTC
budget for FY 2005 is \$5,016,321; the United States agreed to
contribute \$1,936,972.

**[U.S. Representation]{.underline}**

A. Appointment Process:

The Tuna Conventions Act of 1950 provides that the United States shall
be represented by a total of not more than four Commissioners, of which
at least one must be an officer of NOAA, one must be chosen from a
nongovernmental conservation organization, and not more than one can
reside elsewhere than in a state whose vessels maintain a substantial
fishery in the area of the Convention. The Commissioners are appointed
by and serve at the pleasure of the President.

B. U.S. Commissioners:

Rodney R. McInnis

Regional Administrator

Southwest Region

NOAA Fisheries Service

501 W. Ocean Boulevard, Suite 4200

Long Beach, CA 90802

Robert Fletcher

1084 Baylor Street

San Diego, CA 92106

\(619\) 226-6455

Patrick Rose

5469 Linea Del Cielo - Box 7242

Rancho Santa Fe, CA 92067

\(858\) 756-2733

Scott Burns

1250 24^th^ Street, NW

Washington, D.C. 20037-1132

\(202\) 778-9547

C. Advisory Structure:

The Tuna Conventions Act as amended by the International Dolphin
Conservation Program Act of 1997 provides that the Department of State
charter a General Advisory Committee (Committee) and a Scientific
Advisory Subcommittee (Subcommittee) to advise the U.S. Section
regarding policy and science issues and U.S. positions associated with
IATTC conservation and management measures. Membership to the Committee
was named in 2003 and the first meeting of the Committee was convened in
September 2003. All interested sectors - commercial and recreational
fishing and environmental organizations - are well represented on the
Committee. Membership to the Subcommittee has not yet been named, as we
are not able to garner the required minimum of 5 eligible persons. The
terms of the advisory committees are fixed at 2 years by the charters.
Each member may reapply and there are no term limits. The advisory
committees are invited to attend all non-executive meetings and given
opportunity to examine and to be heard on all proposed programs,
reports, recommendations, and regulations of the Commission.

**[Description]{.underline}**

A. Mission/Purpose:

The IATTC was established to \"(1) study the biology of the tunas and
related species of the EPO with a view to determining the effects that
fishing and natural factors have on their abundance, and (2) to
recommend appropriate conservation measures so that the stocks of fish
can be maintained at levels which will afford maximum sustainable
catches.\" The Commission\'s duties were broadened in 1976 to include
work on the issues arising from the tuna-dolphin relationship in the
EPO. In 2003, the IATTC adopted a resolution that approved the Antigua
Convention, a major revision of the original convention establishing the
IATTC. This new text brings the convention current with respect to
internationally accepted laws on the conservation and management of
oceanic resources, including a mandate to take a more ecosystem-based
approach to management. The revised convention was the subject of a
signing ceremony in November 2003. Currently, U.S. ratification of the
Antigua Convention is with the White House for timing of transmittal to
Congress. Advice and consent on ratification will be sought by the U.S.
Senate in 2005.

B. Organizational Structure:

The IATTC consists of a Commission composed of national sections of
member nations and a Secretariat headed by a Director of Investigations.

The principal duties of the Commission are (1) to study the biology of
the tropical tunas, tuna baitfish, and other kinds of fish taken by tuna
vessels in the EPO and the effects of fishing and natural factors upon
them, and (2) to recommend appropriate conservation measures, when
necessary, so that these stocks of fish can be maintained at levels
which will afford the maximum sustained catches. Approval of decisions,
resolutions, recommendations and publications is only by consensus of
all Parties to the Commission. National sections may consist of from one
to four members appointed by the governments or the respective
Contracting Parties. Each national section may establish an advisory
committee which is invited to attend non-executive sessions of the
Commission meetings. The Director of Investigations is appointed by the
Commission and is responsible for drafting programs of investigations,
budget formulation, accounting and administrative support, directing
technical staff, coordinating Commission work with other organizations
and preparing administrative, scientific, and other reports of the
Commission.

C. Programs:

To fulfill its mission, the Commission carries out an extensive research
and data collection program. This program is conducted by a permanent,
internationally recruited staff selected and directed by the Director of
Investigations, who is responsible to the Commission. In addition, the
IATTC has established a number of work groups to address specific
management and organizational issues and has expanded the scope and
nature of its management recommendations in recent years.

**Fisheries Conservation and IATTC Management**

[Yellowfin Tuna]{.underline}: The IATTC recommends proposals for joint
action by the member governments aimed at maintaining yellowfin tuna
resources at a high level (generally at maximum sustainable yield). From
1966 through 1979, the Commission set annual catch quotas on yellowfin
tuna, usually below 200,000 mt, and member nations implemented them.
Beginning in 1979, this conservation program was effectively nullified,
in large part, because several important member countries, including
Mexico, withdrew from the Commission. As a result, the remaining member
nations became reluctant to agree to implement a total catch quota when
there was no assurance that non-member fishing countries, such as
Mexico, would abide by the quota. Nevertheless, the Commission continued
to recommend an annual international yellowfin tuna catch quota within
the Commission Yellowfin Regulatory Area (CYRA) as the basis for all
participants in the fisheries to evaluate the conservation needs of the
resource.

Member countries agreed to resume implementing the annual yellowfin tuna
quota system in 1998, in part because of the resolution of the
tuna-dolphin issue (discussed below) allowed the Commission to refocus
on fishery management. For 2002, to simplify and make more effective the
control of fishing effort and consequent fishing mortality, the
Commission agreed to close the purse seine tuna fishery for the full
month of December 2002 throughout the Convention Area. For 2003, an area
closure for purse seine fishing was adopted for December, but more
importantly, the IATTC agreed to a 6-week purse seine closure for the
entire Convention Area in the summer of 2004. Further, the IATTC for the
first time agreed to limit longline fishing, recommending that Parties
control their fisheries such that the total 2004 longline catch be kept
to the level reached in 2001.

[Bigeye Tuna]{.underline}: The Commission first set a catch quota for
bigeye tuna in the EPO purse seine fishery in 1998 out of concern that
the increasing purse seine effort on floating objects and fish
aggregating devices (FADs) was resulting in unsustainable harvests of
small bigeye tuna. In addition, the Commission adopted resolutions to
prohibit the use of tender vessels and to prohibit the at-sea transfer
of purse seine-caught tuna. These actions were taken to limit effective
fishing capacity and reduce the risk of overcapacity and overfishing.
Such harvests could result in long-term damage to the productivity of
the bigeye tuna stock. A quota on juvenile bigeye tuna was set in 2001
but was not reached. The purse seine closure for 2002 would have
provided protection to bigeye as it did to yellowfin tuna. The area
closure in 2003 contributed marginally to bigeye conservation, but the
larger seasonal closure and longline catch limits in 2004 were more
significant.

[Other Conservation and Administration Issues]{.underline}: The
Commission has been taking a proactive position in fishery management in
recent years. There are or have been five work groups dealing with
specific fishery management issues: (1) bycatch, (2) control of the
fishery on floating objects/FADs, (3) fleet capacity, (4) compliance,
and (5) the joint working group on Illegal, Unreported, Unregulated
fishing.

In 2000, a pilot project was agreed to for 2001 under which all tuna
brought on board a purse seine vessel would be retained. This was
intended to prevent waste associated with discard of dead juvenile fish
and possibly result in vessels aborting sets and releasing live fish
rather than having to retain low value fish on board. Again in 2004, the
pilot project was extended to now run through January 2006.

While no specific restrictions on FAD fishing have been instituted, the
IATTC has considered limiting the number of FADs a vessel may carry and
once implemented the bigeye tuna quota by prohibiting floating object
(including FAD) sets after the quota was reached. This tool remains
available if needed in the future. As noted above, the IATTC also has
banned tender vessels and at-sea transshipments from purse seine
vessels, which effectively limit some FAD fishing.

In 2002, the IATTC adopted an overall purse seine fleet capacity
agreement under which purse seine vessels that were not on the IATTC
vessel register would not be authorized to fish for tuna in the
Convention Area. This effectively establishes upper limits on capacity
in this sector. This is the first known instance of a regional fishery
management organization establishing a fleet capacity limit. The IATTC
also has a long-term capacity management plan intended to ultimately
reduce purse seine capacity to about 135,000 mt carrying capacity, which
is thought to be consistent with the long-term maximum yields of the
tuna stocks.

A Compliance Working Group was established and met for the first time in
2000 with the goal of promoting more complete and uniform implementation
of compliance with IATTC and AIDCP management recommendations. In 2003,
this working group was presented with reports on the extent of
compliance and on the steps being taken by members to enforce the
recommendations of the IATTC. The lack of compliance by certain
non-members was a critical element in the IATTC agreement in 2003 that
Parties would not engage in trade in any tuna caught in contravention of
time or area closures agreed to by the IATTC.

As noted above, the Antigua Convention, the culmination of more than 4
years of work by the Negotiations Work Group, was agreed to by the
Commission at its annual meeting in June 2003. The Antigua Convention
shall enter into force and effectiveness 15 months after the deposit of
the seventh instrument of ratification or accession of the Parties to
the 1949 Convention establishing the IATTC. Thus far, thirteen Parties
to the 1949 Convention have signed the Antigua Convention and only two,
Mexico and El Salvador, have deposited their instrument of ratification
or accession with the depository.

The Finance Working Group has moved closer to a new approach, a formula,
for determining the contributions of the various Parties to the
financing of the IATTC each year, recognizing the different levels of
interest in the fisheries and the scale of development of the Parties. A
resolution to finance the IATTC for fiscal year 2005 and 2006 was agreed
to. The finance resolution itemizes what each Nation is to pay towards
the IATTC budget. The resolution falls far short of reaching a formula
as was recommended by the Finance Working Group.

**[Staff Contacts]{.underline}**

[NOAA Fisheries Southwest Region]{.underline}:

Rodney R. McInnis

Acting Administrator, Southwest Region (F/SWR)

National Marine Fisheries Service, NOAA

501 W. Ocean Boulevard, Suite 4200

Long Beach, CA 90802-4213

Telephone: (562) 980-4001

Fax: (562) 980-4018

[NOAA Fisheries Headquarters]{.underline}:

Brad Wiley

Office of International Affairs (F/IA)

National Marine Fisheries Service, NOAA

1315 East-West Highway

Silver Spring, MD 20910

Telephone: (301) 713-2276

Fax: (301) 713-2313

E-mail: Brad.Wiley@NOAA.gov

[Department of State]{.underline}:

William Gibbons-Fly

Deputy Director, Office of Marine Conservation (OES/OMC)

U.S. Department of State

2201 C. Street, NW

Washington, D.C. 20520-7818

Telephone: (202) 647-2335

Fax: (202) 736-7350