U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

39–118 

" ! SENATE 109TH CONGRESS

1st Session 

TREATY DOC. 

2005

109–2 

CONVENTION STRENGTHENING THE INTERAMERICAN TUNA COMMISSION 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

CONVENTION FOR THE STRENGTHENING OF THE INTER-AMERICAN TROPICAL TUNA COMMISSION ESTABLISHED BY THE 1949 

CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND 

THE REPUBLIC OF COSTA RICA, WITH ANNEXES, (THE ‘‘ANTIGUA 

CONVENTION’’), WHICH WAS ADOPTED ON JUNE 27, 2003, IN ANTIGUA GUATEMALA, BY THE PARTIES TO THE 1949 CONVENTION. THE UNITED STATES SIGNED THE ANTIGUA CONVENTION 

ON NOVEMBER 14, 2003 

MAY 16, 2005.—Convention was read the first time, and together with 

the accompanying papers, referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate 


E:\Seals\Congress.#13
(III)

LETTER OF TRANSMITTAL 

THE WHITE HOUSE, May 16, 2005. 

To the Senate of the United States: 

With a view to receiving the advice and consent of the Senate to 

ratification, I transmit herewith the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established 

by the 1949 Convention between the United States of America and 

the Republic of Costa Rica, with Annexes, (the ‘‘Antigua Convention’’), which was adopted on June 27, 2003, in Antigua, Guatemala, by the Parties to the 1949 Convention. The United States 

signed the Antigua Convention on November 14, 2003. I also transmit, for the information of the Senate, the report of the Secretary 

of State with respect to the Antigua Convention, with an enclosure. 

The Antigua Convention sets forth the legal obligations and establishes the cooperative mechanisms necessary for the long-term 

conservation and sustainable use of the highly migratory fish 

stocks (such as tuna and swordfish) of the Eastern Pacific Ocean 

that range across extensive areas of the high seas as well as 

through waters under the fisheries jurisdiction of numerous coastal 

States. Once in force, the Antigua Convention will replace the original 1949 Convention establishing the Inter-American Tropical 

Tuna Commission (IATTC). Revisions to the 1949 Convention will 

strengthen the mandate of the IATTC to reflect changes in the law 

governing living marine resources since the adoption of the original 

Convention more than 50 years ago. 

The highly migratory fish stocks governed by the Antigua Convention constitute an important economic resource for the countries 

of the region and vital components of the marine ecosystem of the 

Eastern Pacific Ocean requiring careful conservation and management. Early entry into force and implementation of the Antigua 

Convention will offer the opportunity to strengthen conservation 

and management of these resources in important ways, including 

through enhanced efforts to ensure compliance and enforcement of 

agreed conservation and management measures. 

The Antigua Convention draws upon relevant provisions of the 

1982 United Nations Convention on the Law of the Sea (the ‘‘LOS 

Convention’’) and the 1995 United Nations Agreement on the Conservation and Management of Straddling Fish Stocks and Highly 

Migratory Fish Stocks (the ‘‘U.N. Fish Stocks Agreement’’). The Antigua Convention gives effect to the provisions of the LOS Convention and U.N. Fish Stocks Agreement that recognize as essential, 

and require cooperation to conserve highly migratory fish stocks 

through regional fishery management organizations, by those with 

direct interests in them—coastal States with authority to manage 

IV

fishing in waters under their jurisdiction and those nations and entities whose vessels fish for these stocks. 

The United States, which played an instrumental role in negotiation of the revised Convention, has direct and important interests 

in the Antigua Convention and its early and effective implementation. United States fishing concerns, including the U.S. tuna industry, U.S. conservation organizations, and U.S. consumers, as well 

as those people who reside in those U.S. States bordering the Convention Area, have crucial stakes in the health of the oceans and 

their resources as promoted by the Antigua Convention. 

I recommend that the Senate give early and favorable consideration to the Antigua Convention and give its advice and consent to 

ratification. 

GEORGE W. BUSH. 

(V)

LETTER OF SUBMITTAL 

DEPARTMENT OF STATE, Washington, DC, September 8, 2004. 

The PRESIDENT, The White House. 

THE PRESIDENT: I have the honor to submit to you the Convention for the Strengthening of the Inter-American Tropical Tuna 

Commission Established by the Convention between the United 

States of America and the Republic of Costa Rica, with Annexes, 

adopted on June 27, 2003, in Antigua, Guatemala (‘‘the Antigua 

Convention’’). The United States signed the Antigua Convention on 

November 14, 2003, the day it was opened for signature. I recommend that the Antigua Convention be transmitted to the Senate 

for its advice and consent to ratification. 

The objective of the Antigua Convention is to ensure the longterm conservation and sustainable use of highly migratory fish 

stocks in the Eastern Pacific Ocean (EPO). Highly migratory fish 

stocks are those species that migrate across extensive areas of the 

high seas as well as through the 200 nautical mile exclusive economic zones (EEZs) of numerous coastal States. Examples of such 

species include tunas and swordfish, which are of considerable commercial value to the United States and other countries of the region. Effective management of these shared resources, and of the 

marine ecosystem that supports them, requires concerted international cooperation. 

The Antigua Convention updates and revises the Convention for 

the Establishment of an Inter-American Tropical Tuna Commission, done at Washington May 31, 1949 (‘‘the 1949 Convention’’), as 

amended. In so doing, the Antigua Convention draws upon the 

1982 United Nations Convention on the Law of the Sea (‘‘the LOS 

Convention’’) and the 1995 Agreement for the Implementation of 

the Provisions of the United Nations Convention on the Law of the 

Sea of December 10, 1982, Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish 

Stocks (‘‘the UN Fish Stocks Agreement’’). In addition, the substantive provisions of the Antigua Convention are fully consistent 

with other fisheries conservation and management agreements accepted by the United States, including the 1995 FAO Code of Conduct for Responsible Fisheries (‘‘the Code of Conduct’’), the 1993 

Agreement to Promote Compliance with International Conservation 

and Management Measures by Fishing Vessels (‘‘the Compliance 

Agreement’’), and the 1998 Agreement on the International Dolphin Conservation Program (‘‘the AIDCP’’). 

The LOS Convention recognizes that effective conservation and 

management of highly migratory fish stocks requires cooperation 

VI

among those with a direct interest in those stocks: the coastal 

States with authority to manage fishing in waters under their jurisdiction, as well as those States and non-state entities whose vessels fish for these stocks. It obligates, by virtue of the customary 

law as reflected in the LOS Convention, such States and non-state 

entities to cooperate directly or through appropriate international 

organizations to ensure conservation and promote sustainable utilization of such species throughout their range. 

The UN Fish Stocks Agreement elaborates and strengthens the 

provisions of the LOS Convention with respect to highly migratory 

species. The Agreement establishes important criteria for the conservation and management of highly migratory species including 

the application of the precautionary approach; focuses attention on 

non-target fish stocks and associated and dependent species (such 

as sea turtles and sea birds); and allows for mechanisms to promote effective compliance with and enforcement of agreed conservation and management measures. 

At a meeting of the Inter-American Tropical Tuna Commission 

(IATTC) in 1995, the Parties to the 1949 Convention committed 

themselves to strengthen the mandate of the IATTC better to ensure the long-term sustainability of tuna stocks and other living 

marine resources in the EPO. In particular, they decided to enhance the IATTC as a forum for the adoption of measures to reduce 

catches of juvenile tunas and measures to avoid, reduce and minimize the bycatch of juvenile tunas as well as the bycatch of nontarget species, including both fish species and other species belonging to the same ecosystem. 

As the adoption and implementation of such measures exceeded 

the authority of the IATTC under the 1949 Convention, the Parties 

agreed to negotiate a revised Convention as the basis for implementing these commitments. In addition, negotiation of a revised 

Convention provided a vehicle for incorporating elements of the 

international legal regime governing living marine resources, which 

had evolved considerably since the negotiation of the original 1949 

Convention. As discussed above, this included elements established 

pursuant to the LOS Convention, the UN Fish Stocks Agreement, 

the Compliance Agreement, and other agreements. The negotiations to conclude the Antigua Convention successfully achieved all 

of these objectives. 

The Antigua Convention is a comprehensive agreement to promote the long-term economic and environmental sustainability of 

the living marine resources in the EPO. In addition to the elements 

cited above, the Convention improves on the original 1949 Convention by providing for the full participation of non-state actors, including the European Union (EU) and Taiwan, in the work of the 

IATTC. The EU is entitled to become a Party to the revised Convention in its capacity as a ‘‘regional economic integration organization’’ to which its Member States have transferred competence over 

matters governed by the Convention. Taiwan, though not eligible 

to become a Party, may participate as a ‘‘Member of the Commission,’’ in its capacity as a ‘‘fishing entity,’’ under the name Chinese 

Taipei. Participation by these non-state actors provides important 

benefits by binding vessels operating under their respective jurisVerDate Aug 04 2004 06:59 May 18, 2005 Jkt 039118 PO 00000 Frm 00006 Fmt 7633 Sfmt 7633 E:\HR\OC\TD002.XXX TD002
VII

dictions to the conservation and management measures adopted by 

the IATTC. 

The Antigua Convention will also strengthen the ability of the 

IATTC to address the issue of illegal, unreported, and unregulated 

(IUD) fishing. The provisions of the Convention pertaining to compliance and enforcement, for example, provide authority for the organization to ensure adherence to the measures it will adopt. 

In addition, the Antigua Convention provides for enhanced 

science, data collection, and monitoring in support of management 

efforts. Among other things, it provides for a Scientific Advisory 

Committee consisting of scientists from Parties to the Convention, 

as well as a Scientific Staff working through the Secretariat. These 

bodies are to: • improve research in areas such as by-catch reduction; • increase our knowledge of the interdependence of many 

highly migratory species; and • allow for the more efficient utilization of this resource by 

analyzing the current and past conditions and trends of the 

populations of the fish stocks covered by the Convention. 

The enclosed article-by-article analysis describes the provisions 

of the Antigua Convention in more detail. 

The Antigua Convention contains provisions whose implementation will require amendments to domestic legislation before they 

can be fully implemented by the United States. The Administration 

will work with Congress to develop appropriate amendments to relevant statutes for this purpose. 

In view of the foregoing, I recommend that the Convention be 

transmitted to the Senate as soon as possible for its early and favorable advice and consent to ratification. 

Respectfully submitted. 

COLIN L. POWELL. 

Enclosure: As stated. 

(1) 

ANALYSIS OF THE CONVENTION FOR THE STRENGTHENING OF THE

INTER-AMERICAN TROPICAL TUNA COMMISSION ESTABLISHED BY

THE 1949 CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF COSTA RICA (‘‘THE ANTIGUA CONVENTION’’) 

Most of the substantive provisions of the Antigua Convention are 

improvements upon the 1949 Convention, reflect current practice of 

the Commission, and are derived from, are fully consistent with, or 

implement instruments which the United States has accepted as 

governing fisheries conservation and management, including the 

1995 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 (‘‘1995 UN Fish Stocks 

Agreement’’); the 1995 FAO Code of Conduct for Responsible Fisheries (‘‘Code of Conduct’’), the 1993 Agreement to Promote Compliance with International Conservation and Management Measures 

by Fishing Vessels (‘‘Compliance Agreement’’), as well as the 1982 

Law of the Sea Convention (‘‘LOS Convention’’). The provisions of 

the Antigua Convention are also fully consistent with the 1998 

Agreement on the International Dolphin Conservation Program 

(‘‘AIDCP’’), to which the United States is a party, and the 2000 

Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (‘‘Western and Central Pacific Fisheries Convention,’’ or ‘‘WCPFC’’), which 

the United States has signed. 

PART I—GENERAL PROVISIONS

Article I, Definitions 

Article I defines fourteen terms for the purposes of the Antigua 

Convention. Although these definitions are generally self-explanatory, a few of them warrant brief discussion: 

• Article I.1 defines ‘‘fish stocks covered by this Convention’’

as stocks of tuna and tuna-like species and other species of fish 

taken by vessels fishing for tunas and tuna-like species in the 

Convention Area. The term ‘‘tunas and tuna-like species,’’

though not specifically defined in the Convention, encompasses 

the major commercial tuna species harvested in the Convention Area including, but not limited to, yellowfin tuna, skipjack 

tuna, bigeye tuna, albacore tuna and bluefin tuna, as well as 

a number of other tuna species not targeted by commercial 

fisheries. ‘‘Tuna-like species’’ is understood to cover billfish species including swordfish, sailfish, marlins and similar species. 

Moreover, the language ‘‘and other species of fish taken by vessels fishing for [such species] in the Convention Area’’ ensures 

the broadest possible coverage under the Convention of afVerDate Aug 04 2004 06:59 May 18, 2005 Jkt 039118 PO 00000 Frm 00009 Fmt 6633 Sfmt 6633 E:\HR\OC\TD002.XXX TD002
2 

fected fish stocks and provides the basis for conservation and 

management measures for any fish species taken in the eastern Pacific tuna fisheries including, for example, oceanic shark 

species. (The Convention Area is defined in Article III.) • Article I.5 defines ‘‘consensus’’ as the adoption of a decision 

without voting and without the expression of any stated objection. Under the Antigua Convention, all decisions are to be 

taken by consensus. The term appears in Article IX on decision-making; Article X on the Committee for the Review of Implementation of Measures Adopted by the Commission; and Article XI on the Scientific Advisory Committee. • Article I.6 defines ‘‘Parties’’ as the States and regional economic integration organizations (REIOs) that have consented 

to be bound by the Antigua Convention and for whom the Convention is in force. Article I.7 defines ‘‘members of the Commission’’ as Parties and any fishing entity that has expressed its 

formal commitment to abide by the terms of the Antigua Convention and to comply with any conservation and management 

measures adopted by the Commission. The significance of these 

two definitions, and the differences between them, is discussed 

below in connection with Article IX on decision-making. 

Article II, Objective 

Article II provides that the objective of the Antigua Convention 

is to ensure the long-term conservation and sustainable use of fish 

stocks covered by this Convention, in accordance with the relevant 

rules of international law. This provision is intended to give force 

to a similar provision that appears as Article 2 of the 1995 UN 

Fish Stocks Agreement. 

Article III, Area of Application of the Convention 

Article III provides that the Antigua Convention’s Area of Application comprises the area of the Pacific Ocean bounded by the 

coastline of North, Central, and South America and by the following lines: 

• the 50°N parallel from the coast of North America to its 

intersection with the 150°W meridian; 

• the 150°W meridian to its intersection with the 50°S parallel; and 

• the 50°S parallel to its intersection with the coast of South 

America. 

The area of application of the Agreement on the International 

Dolphin Conservation Program (AIDCP) is entirely within, but is 

not coterminous with, the area of application of the Antigua Convention. The AIDCP area of application lies between 40°N and 

40°S, while the area of application of the Antigua Convention lies 

between 50°N and 50°S. The area of the Antigua Convention extends 10° further north and south to ensure coverage of the full 

range of tuna species that occur in these temperate waters, but 

where there is no interaction between dolphins and the tuna purse 

seine fishery governed by the AIDCP. The western boundary of 

both agreements is 150°W. 

The area of application of the Convention on the Conservation 

and Management of Highly Migratory Fish Stocks in the Western 

3 

and Central Pacific Ocean (WCPFC) overlaps the area of application of the Antigua Convention between 50°S and 4°S and between 

150°W and 130°W. 

The areas of application and overlap of the Antigua Convention 

and the WCPFC are illustrated in Figure 1. 

In recognition of these relatively small overlapping areas of application, Article XXIV.3 of the Antigua Convention requires the 

Commission to cooperate with other regional fishery management 

organizations (RFMOs) in order to ensure that the objective of the 

Antigua Convention is reached and that there is harmonization 

and compatibility of the conservation and management measures 

adopted by such organizations, or to avoid taking measures in respect of species in or migrating through the area of overlap that 

are regulated by another RFMO. Article XXIV.4 requires the provisions of Article XXIV.3 to be applied, as appropriate, in the case 

of fish stocks that migrate through areas under the purview of the 

Commission and of another organization of organizations or arrangements. 

PART II—CONSERVATION AND USE OF THE FISH STOCKS COVERED BY

THE CONVENTION

Article IV, Application of the Precautionary Approach 

Article IV.1 requires the members of the Commission, directly 

and through the Commission, to apply the ‘‘precautionary approach’’ for the conservation, management and sustainable use of 

fish stocks covered by the Antigua Convention. Article IV.1 requires the ‘‘precautionary approach’’ to be used as described in the 

relevant provisions of the Code of Conduct for Responsible Fisheries and/or the 1995 UN Fish Stocks Agreement. 

Article IV.2 of the Antigua Convention requires the members of 

the Commission to be more cautious when information is uncertain, 

unreliable or inadequate. The paragraph also provides that the absence of adequate scientific information is not to be used as a reason for postponing or failing to take conservation and management 

measures. An identical provision appears in article 6.2 of the 1995 

UN Fish Stocks Agreement and a similar provision appears in article 7.5.1 of the Code of Conduct. 

(It should be noted that Article VII.1(m), which relates to the 

functions of the Commission, contains a cross-reference to Article 

IV. Specifically, in addition to requiring the Commission to apply 

the precautionary approach in accordance with Article IV, it specified that, in cases where measures are adopted by the Commission 

pursuant to the precautionary approach in the absence of adequate 

scientific information, the Commission is required, as soon as possible, to undertake to obtain the scientific information necessary to 

maintain or modify any such measures.) 

Article IV.3 requires the members of the Commission to subject 

target stocks and non-target or associated or dependent species 

that are of concern to enhanced monitoring in order to review their 

status and the efficacy of conservation and management measures. 

The members are required to revise those measures regularly in 

light of new scientific information that becomes available. A similar 

4 

provision appears in article 6.5 of the 1995 UN Fish Stocks Agreement. 

Article V, Compatibility of Conservation and Management Measures 

Article V.1 provides that nothing in the Antigua Convention shall 

prejudice or undermine the sovereignty or sovereign rights of coastal States related to the exploration and exploitation, conservation 

and management of the living marine resources within areas under 

their sovereignty or national jurisdiction as provided for in the 

1982 Law of the Sea Convention (LOS Convention, e.g., articles 2, 

56, 61–67), or the right of all States for their nationals to engage 

in fishing on the high seas in accordance with LOS Convention 

(i.e., articles 116–120). A similar provision appears as the chapeau 

of article 7.1 of the 1995 UN Fish Stocks Agreement. 

Article V.2 takes into account that the fish stocks covered by the 

Antigua Convention live both in the high seas and in areas under 

national jurisdiction (i.e., the territorial sea and the EEZ). Accordingly, paragraph 2 requires that the conservation and management 

measures established for the high seas and those adopted for areas 

under national jurisdiction shall be compatible, in order to ensure 

the conservation and management of the fish stocks covered by the 

Antigua Convention. A similar provision appears in article 7.2 of 

the 1995 UN Fish Stocks Agreement. 

PART III—THE INTER-AMERICAN TROPICAL TUNA COMMISSION

Article VI, The Commission 

Article VI, along with paragraphs 4 and 5 of Article XXXI, are 

designed to ensure the continuity of the Commission upon entry 

into force of the Antigua Convention. 

Article VI.1 provides that the members of the Commission agree 

to maintain, with all its assets and liabilities, and to strengthen 

the Inter-American Tropical Tuna Commission established by the 

1949 Convention. 

Article VI.2 provides that the Commission shall be composed of 

sections consisting of from one to four Commissioners appointed by 

each member, who may be accompanied by such experts and advisers as that member may deem advisable. This provision expands 

on Article 1.1 of the 1949 Convention in two ways: (1) they permit 

the Commissioners to be accompanied by experts and advisers; and 

(2) by reason of the definitions of ‘‘Parties’’ and ‘‘members of the 

Commission’’ in Article 1.6 and 1.7, they permit REIOs and fishing 

entities to participate fully in the work of the Commission. Appointment of U.S. Commissioners to IATTC is currently governed 

by 16 U.S.C. § 952. 

Article VI.3 provides that the Commission shall have legal personality and necessary legal capacity, both with regard to its members and other international organizations, to perform its functions 

and achieve its objective, in accordance with international law. Although, the 1949 Convention has no similar provision, many recent 

treaties establishing international fisheries commissions do. 

5 

Privileges and Immunities 

Article VI.3 further provides that the immunities and privileges 

that the Commission and its officers enjoy shall be subject to an 

agreement between the Commission and the relevant member, in 

this case the United States. There is no similar provision in the 

1949 Convention. 

The Department has determined that implementation of this provision will not require the development of an agreement per se. Pursuant to Executive Order 11059, October 23, 1962, 3 CFR 650– 651 (1959–1960 Comp.), President Kennedy designated the IATTC 

as a ‘‘public international organization’’ entitled to enjoy the privileges, exemptions and immunities conferred by the International 

Organizations Immunities Act, 22 U.S.C. § 288, except those conferred pursuant to Section 4(b), 4(e) and 5(a) of that Act. Under 

this authority, the United States has been providing, and will continue to provide, appropriate privileges and immunities to the 

IATTC. 

Headquarters 

Article VI.4 provides that the headquarters of the Commission 

shall remain at San Diego, California, where it has been since the 

Commission was first established in 1950. This provision memorializes Rule XI of the Commission’s Rules of Procedure, adopted August 13, 1952 (available at http://www.iattc.org/PDFFiles/Rules 

of ProceduresENG.pdf). 

Article VII, Functions of the Commission 

Article VII.1 lists the functions to be performed by the Commission. In performing those functions, the Commission shall give priority to the conservation and management of tunas and tuna-like 

species. This provision was included to ensure that the Commission’s expanded mandate with respect to other fish stocks, and associated and dependent species, does not result in less attention 

being paid to the conservation and management of the principal 

commercial fish stocks under the Commission’s purview. While the 

enumerated functions broaden the mandate of the Commission relative to the mandate set out in Article II of the 1949 Convention, 

they reflect either the current practice of the Commission or are 

consistent with other recently established fisheries commissions 

with respect to non-target fish stocks and associated and dependent 

species and, in this regard, are fully consistent with the provisions 

of the 1995 UN Fish Stocks Agreement, the FAO Code of Conduct 

and other instruments. 

Article VII.2 contains both mandatory and recommendatory provisions. It requires the Commission to maintain a staff qualified in 

matters pertaining to the Antigua Convention, including administrative, scientific and technical areas, under the supervision of the 

Director. This paragraph also requires the Commission to ensure 

that its staff includes personnel needed for the efficient and effective application of the Convention. This paragraph encourages the 

Commission to seek the most qualified staff available and to give 

due consideration to the importance of recruiting staff on an equitable basis to promote broad representation and participation of 

the members of the Commission. While Article VII.2 goes beyond 

6 

the simple authorization in Article I.10 of the 1949 Convention for 

the Commission to employ necessary personnel for performance of 

its functions and duties, it is consistent with current policies and 

practices of the Commission. 

Article VII.3 requires the Commission, in considering guidance 

for the program of work on scientific matters to be addressed by 

the scientific staff to consider, inter alia, the advice, recommendations and reports of the Scientific Advisory Committee established 

pursuant to Article XI of the Antigua Convention. The Scientific 

Advisory Committee is discussed below in connection with Article 

XI. 

Article VIII, Meetings of the Commission 

Article VIII.1 requires the ordinary meetings of the Commission 

to take place at least once a year, in such location and on such date 

as the Commission agrees. This provision reflects Rule XII of the 

Commission’s existing Rules of Procedure. A similar provision appears as Article I.10 of the 1949 Convention. 

Article VIII.2 permits the Commission to hold extraordinary 

meetings when deemed necessary. Those meetings are required to 

be convened at the request of at least two of the members of the 

Commission, provided that a majority of the members support the 

request. This is a new provision, not appearing either in the 1949 

Convention or in the Commission’s Rules of Procedure. 

Article VIII.3 permits a meeting of the Commission to be held 

only when a quorum is present. A quorum is defined as the presence of two-thirds of the members of the Commission. This paragraph applies the same quorum rule to meetings of subsidiary bodies established by the Commission. Neither the 1949 Convention 

nor the Commission’s Rules of Procedure contain a quorum rule. 

Article VIII.4 requires the meetings to be held in English and 

Spanish, and the documents of the Commission to be produced in 

both of these languages. This requirement is also contained in Article I.14 of the 1949 Convention and Rule XIV of the Commission’s 

Rules of Procedure. 

Article VIII.5 expands on the existing rules regarding election of 

the Commission’s officers. This paragraph requires the Commission’s members to elect a Chairman and Vice-Chairman from, unless otherwise decided, different Parties to the Antigua Convention. 

Under this provision a fishing entity is not entitled to be elected 

to either position. Both officials are to be elected for a one-year period and remain in office until their successors are elected. Article 

I.7 of the 1949 Convention and Rule VI of the Commission’s Rules 

of Procedure provide only for the election of a chairman and secretary, who serve for one year. 

Article IX, Decision Making 

The Antigua Convention’s provisions on decision-making reflect 

the differences in legal status between States and regional economic integration organizations (REIOs), on the one hand, and 

fishing entities, on the other, by defining the former as ‘‘Parties’’

and using the term ‘‘members’’ of the Commission to include both 

Parties and fishing entities. Specifically, as noted above, Article I.6 

defines ‘‘Parties’’ as the States and REIOs that have consented to 

7 

be bound by the Antigua Convention and for whom the Convention 

is in force. Article I.7 defines ‘‘members of the Commission’’ as Parties and any fishing entity that has expressed its formal commitment to abide by the terms of the Antigua Convention and to comply with any conservation and management measures adopted by 

the Commission. 

Article IX.1 provides that, unless provided otherwise, all of the 

Commission’s decisions are to be by consensus of the members of 

the Commission (i.e., States, REIOs, and fishing entities) present 

at the meeting where the decision is taken. As noted above, consensus is defined in Article I.5 as the adoption of a decision without 

voting and without the expression of any stated objection. 

Article IX.2 provides otherwise with respect to decisions on adoption of amendments to the Convention and its annexes, as well as 

on invitations to accede to the Convention. Such decisions require 

the consensus of all Parties, which would not include fishing entities such as Taiwan (although their views are to be taken into account). 

Articles IX.4–.6 deal with situations involving absent members. 

Article IX.4 requires the Director to inform any member of the 

Commission that is absent of a decision taken pursuant to paragraphs 2 and 3 of that Article. The absent member then has 30 

days in which to object; otherwise, it will be deemed to have joined 

the consensus. Article IX.5 provides that any such absent member 

that breaks consensus may not again break consensus if it is absent at the next meeting of the Commission when that item is on 

the agenda. 

Article IX.6 deals with the situation where a member of the Commission is unable to attend a meeting of the Commission due to extraordinary and unforeseen circumstances. The member is required 

to so notify the Director. The Director in turn is required to notify 

the absent member of all decisions taken at the meeting the member missed. The absent member has 30 days in which to object to 

one or more of the decisions. In such a case, and in contrast to situation described in paragraph 5 above, the member can continue to 

block consensus until consensus is achieved. 

Under Article IX, it is therefore conceivable that a Party could 

miss the opportunity to block consensus on a substantive action of 

the Commission, including a proposed annex amendment, if it were 

to be absent from more than one relevant meeting and also not 

properly inform the Director of such absence. The Executive 

Branch will take the necessary steps under Article IX to be in a 

position to block consensus. 

Article IX.7 provides that all decisions of the Commission will be 

binding for all members 45 days after their notification, unless otherwise agreed. This is a change from the Commission’s practice 

under the 1949 Convention of making recommendations that the 

members have 45 days to implement. The National Marine Fisheries Service (NMFS) advises that, as IATTC recommendations are 

routinely implemented within 45 days of notification, this change 

will have no practical impact on the procedures currently followed 

pursuant to 16 U.S.C. § 955 and 50 CFR § 300.29, although the 

statute and regulation should be amended to track this change. 

8 

Committees of the Commission 

The 1949 Convention makes no provision for committees of the 

Commission. The Commission established in 1999 a Permanent 

Working Group on Compliance. The Antigua Convention requires 

the Commission to establish two Committees. 

Article X, Committee for the Review of Implementation of Measures 

Adopted by the Commission 

Article X.1 requires the Commission to establish a Committee for 

the Review of Implementation of Measures Adopted by the Commission. This provision is intended to maintain, in its current form 

and under the same procedures (although under a different name), 

the Permanent Working Group on Compliance established by resolution of the Commission in June 1999. The Committee is to be 

composed of those representatives designated for this purpose by 

each member of the Commission. Each representative may be accompanied by such experts and advisers as that member may deem 

advisable. 

Article X.2 provides that the functions of this Committee are 

those established in Annex 3 of the Convention, which are fully 

consistent with the Commission’s June 1999 Resolution. 

Article X.3 permits the Committee, where appropriate and with 

the approval of the Commission, to consult with any other fisheries 

management, technical or scientific organization with competence 

in the subject matter of such consultation. The Committee may also 

seek such expert advice as may be required in each case. 

Article X.4 requires the Committee to strive to adopt its reports 

and recommendations by consensus. It further provides that if 

every effort to achieve consensus has failed, the reports shall so indicate, and shall reflect the majority and minority views. At the request of any member of the Committee, the views of that member 

on all or any part of the reports are also to be reflected. 

Article X.5 requires the Committee to meet at least once a year, 

preferably on the occasion of the ordinary meeting of the Commission. 

Article X.6 permits the Committee to convene additional meetings at the request of at least two of the members of the Commission, provided that a majority of the members of the Commission 

support the request. 

Article X.7 requires the Committee to exercise its functions in accordance with such rules of procedure, guidelines and directives as 

the Commission may adopt. The Commission adopted Rules of Procedure for the Compliance Committee in June 2000. Additionally, 

the Commission adopted Resolutions related to the work of the 

Committee in June 2000 and June 2002. 

Article X.8 requires the staff of the Commission, in support of the 

work of the Committee, to: 

• collect the information necessary for the work of the Committee and develop a data base, in accordance with the procedures established by the Commission 

• provide such statistical analyses as the Committee deems 

necessary for carrying out its functions 

• prepare the reports of the Committee 

9 

• distribute to the members of the Committee all pertinent 

information, particularly that set out in Article X.8(a). 

Paragraph 8 reflects current practice. 

Article XI, Scientific Advisory Committee 

Article XI.1 of the Antigua Convention provides for the establishment of a Scientific Advisory Committee. This provision is intended 

primarily to formalize the current practice of the Commission, 

through the Working Group on Stock Assessment, to provide substantive input from the members of the Commission into the scientific work and analysis of the IATTC staff. Article XI.1 provides 

that the Scientific Advisory Committee is to be composed of a representative designated by each member of the Commission. Each 

representative is required to have appropriate qualifications or relevant experience in the area of the competence of the Committee 

and may be accompanied by such experts or advisers as that member may deem advisable. 

Article XI.2 authorizes the Commission to invite to participate in 

the work of the Committee organizations or persons with recognized scientific experience in matters related to the work of the 

Commission. 

Article XI.3 provides that the functions of the Committee are 

those established in Annex 4 of the Convention. 

Article XI.4 requires the Commission to meet at least once a 

year, preferably prior to a meeting of the Commission. This is consistent with existing practice, where the current Working Group 

meets each May, prior to the June Annual Meeting. 

Article XI.5 permits the Committee to convene additional meetings at the request of at least two members of the Commission, 

provided that a majority of the members of the Commission support the request. 

Article XI.6 provides that the Director serves as Chairman of the 

Committee and permits the Director to delegate the exercise of this 

function, subject to the approval of the Commission. 

Article XI.7 requires the Committee to strive to adopt its reports 

and recommendations by consensus. It further provides that if 

every effort to achieve consensus has failed, the reports shall so indicate, and shall reflect the majority and minority views. At the request of any member of the Committee, the views of that member 

on all or any part of the reports are also to be reflected. 

Article XII, Administration 

Article XII modernizes the provisions on administration of the 

Commission that are set out in Article I.13 of the 1949 Convention. 

For example, the position of Director of Investigations under the 

1949 Convention is replaced with the position of Director under the 

Antigua Convention. 

Article XII.1 requires the Commission to appoint, in accordance 

with the adopted rules of procedure and taking into account any 

criteria established therein, a Director, whose competence in the 

field of the Commission is established and generally recognized, in 

particular in its scientific, technical and administrative aspects. 

There is no requirement that the Director be a national of one of 

the members of the Commission. Under Article I.13 of the 1949 

10 

Convention, a Director of Investigations is designated by the Commission and is merely required to be technically competent. 

The Director is responsible to the Commission and may be removed by the Commission at its discretion. This is similar to Article I.13 of the 1949 Convention, which provides that the Director 

of Investigations is responsible to the Commission and may be freely removed by it. 

The Antigua Convention sets the term of the Director at four 

years. The Director may be reappointed as many times as the Commission decides. Currently there is no limit set for the duration of 

the Director’s term. Neither the 1949 Convention nor the Commission’s Rules of Procedure address this issue. 

In 13 subparagraphs, Article XII.2 identifies the duties of the Director. These provisions expand upon the Director’s responsibilities 

set out in Article I.13 of the 1949 Convention. These duties reflect 

both current practice and the requirements of the Commission. 

Article XII.3 requires the Director and staff of the Commission, 

in the performance of their duties, not to act in any manner that 

could be incompatible with their status or with the objective and 

provisions of the Antigua Convention. They are not permitted to 

have any financial interests in activities under the purview of the 

Commission (such as investigation and research, exploration, exploitation, processing and marketing of the fish stock covered by 

the Convention). They are also required to maintain as confidential, while they are employed by the Commission and thereafter, 

any confidential information they obtained or to which they had access during their employment. See Article XXII below on confidentiality. 

Article XIII, Scientific Staff 

Article XIII provides that the Scientific Staff operates under the 

supervision of the Director, and of the Coordinator of Scientific Research if appointed in accordance with Article XII.2( d) and (e). The 

Scientific Staff is given ten specified functions, giving priority to 

tunas and tuna-like species. While largely reflecting current practice, these functions are enumerated here to distinguish them from 

the functions of the Scientific Advisory Committee and, in particular, to clarify that the scientific staff retains the primary responsibility for the scientific research and analysis considered by 

the Commission when considering recommendations for conservation and management measures. 

Article XIV, Budget 

Article XIV expands upon the provisions of Article 1.3 and 1.4 of 

the 1949 Convention but generally reflects the current practice of 

the Commission. 

Article XIV.1 requires the Commission to adopt each year its 

budget for the following year, in accordance with the special provision on decision-making contained in Article IX.3. Article XIV.1 

provides that, in determining the size of the budget, the Commission is to give due consideration to the principle of cost effectiveness. 

Article XIV.2 requires the Director to submit to the Commission 

for consideration a detailed draft annual budget that will identify 

11 

the disbursements to be made from assessed contributions referred 

to in Article XV.1 and the voluntary contributions referred to in Article XV.3 of the Convention. 

Article XIV.3 requires the Commission, consistent with current 

practice, to maintain separate accounts for the activities carried 

out under the Antigua Convention and under the AIDCP. This 

paragraph requires the services to be provided to the AIDCP and 

the corresponding estimated costs to be specified in the Commission’s budget. This paragraph also requires the Director to provide 

to the Meeting of the Parties to the AIDCP for its approval, and 

prior to the year in which the services are to be provided, estimates 

of services and their costs corresponding to the tasks to be carried 

out pursuant to that Agreement. 

Article XIVA requires the accounts of the Commission to be subjected to an annual independent financial audit. 

Article XV, Contributions 

Article XV.1 provides that the amount of the contribution of each 

member of the Commission to the budget is to be determined in accordance with the scheme which the Commission is required to 

adopt, and amend, as required, in accordance with the special rule 

on decision making contained in Article IX.3 of the Convention. 

The Commission intends to adopt the scheme before the Antigua 

Convention enters into force. 

The scheme adopted by the Commission is required to be transparent and equitable for all members and to be set out in the financial regulations of the Commission. The Commission’s financial 

regulations were adopted in 1982 and may be found, as amended, 

at http://www.iattc.org/PDFFiles2/IATTC%20 

Financial%20regulations%20Jun%202003%20ENG.pdf. 

The Commission is working to adopt such a scheme for contributions under the 1949 Convention. See IATTC Resolution C–03–06, 

which may be viewed at http://wvvw.iattc.org/PDFFiles2/C–03- 

06%20Resolution%200n%20financing.pdf. 

Article XV.2 provides that the contributions agreed pursuant to 

the preceding paragraph will enable the operation of the Commission and cover in a timely manner the annual budget adopted in 

accordance with Article XIV.1 of the Convention. 

Article XV.3 requires the Commission to establish a fund to receive voluntary contributions for research on and conservation of 

fish stocks covered by the Convention and, as appropriate, associated or dependent species, and for the conservation of the marine 

environment. Under current practice, the Commission has received 

such voluntary contributions and has accounted for these separately from assessed contributions. However, such contributions 

have not been formally designated as part of any special ‘‘fund.’’

Article XV.4 provides that, notwithstanding the provisions of Article IX on decision-making, unless the Commission decides otherwise, if a member of the Commission is in arrears in the payment 

of its contributions by an amount equal to or greater than the total 

of the contributions due from it for the preceding 24 months, that 

member shall not have the right to participate in decision-making 

in the Commission until it has fulfilled its obligations pursuant to 

this Article. 

12 

Article XV.5 provides that each member of the Commission is to 

meet its own expenses arising from attendance at meetings of the 

Commission and of its subsidiary bodies. This continues the Title 

set out in Article 1.3, first sentence, of the 1949 Convention. 

Article XVI, Transparency 

Article XVI and Annex 2 provide that representatives of non-Parties, relevant intergovernmental organizations (IGOs), and non-governmental organizations (NGOs) are to be afforded the opportunity 

to take part in the meetings of the Commission and its subsidiary 

bodies as observers ‘‘or otherwise, as appropriate’’. While the 1949 

Convention does not contain provisions on transparency or participation by observers, such provisions are contained in Rule XIII of 

the Commission’s Rules of Procedure (adopted in September 1990). 

The Antigua Convention advances the attendance and participation 

of nongovernmental organizations in meetings of the Commission 

in important ways. Most notably, current rules provide that any 

member of the Commission may block attendance by a non-governmental observer by expressing an objection to the Director in writing sixty days in advance of the meeting in question. Under the 

Antigua Convention, Annex 2, paragraph 7, non-governmental observers may participate unless one-third of the members of the 

Commission object for cause. In addition, the phrase ‘‘or otherwise, 

as appropriate’’ is intended to permit these organizations to participate in technical work (e.g., such as participating in technical 

workshops related to the Commission’s work). However, such IGOs 

and NGOs would not be eligible to become Parties to the Convention. Annex 2 provides the principles and criteria for the participation of observers at meetings of the Commission. 

PART III—RIGHTS AND OBLIGATIONS OF MEMBERS OF THE

COMMISSION

Article XVII, Rights of States 

Article XVII provides that no provision of the Antigua Convention 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. This 

provision complements Article V.1 on compatibility of conservation 

and management measures. An identical provision appears as Article XXI, Rights of States, of the AIDCP. 

Article XVIII, Implementation, Compliance and Enforcement by 

Parties 

Implementation and Compliance 

Article XVIII.1 requires each Party to take the measures necessary to ensure the implementation of and compliance with the 

Antigua Convention and any conservation and management measures adopted pursuant thereto, including the adoption of the necessary laws and regulations. For the United States, new legislation 

will be required to update and modernize Chapter 16, Tuna Conventions, of Title 16 U.S. Code and repeal Chapter 16B, Eastern 

Pacific Tuna Fishing (as the Convention this chapter was intended 

13 

to implement will not enter into force). Conforming amendments 

will be necessary to 50 CFR Subpart C—Pacific Tuna Fisheries, 

sec. 300.20–300.29. 

Article XVIII.2 requires each Party to provide to the Commission: • all the information that may be required for the fulfillment 

of the objective of the Convention, including statistical and biological information and information concerning its fishing activities in the Convention Area, and • information regarding actions taken to implement the 

measures adopted in accordance with the Convention, whenever required by the Commission and as appropriate, subject 

to the provisions of Article XXII of the Convention on confidentiality and in accordance with the rules of procedure to be developed and adopted by the Commission. 

These rules of procedure have not yet been developed. The Commission’s resolution on the provision of data may be found at 

http://www.iattc.org/PDFFiles2/C.;03-05%20Data%20provision%20resolution.pdf. 

Article XVIII.3 requires each Party promptly, through the Director, to inform the Committee for the Review of Implementation of 

Measures Adopted by the Commission established pursuant to the 

provisions of Article X of the Convention of: 

(a) legal and administrative provisions, including those regarding infractions and sanctions, applicable to compliance 

with conservation and management measures adopted by the 

Commission; and 

(b) actions taken to ensure compliance with conservation and 

management measures adopted by the Commission, including, 

if appropriate, an analysis of individual cases and the final decision taken. 

Article XVIII.4 requires each Party to: 

(a) authorize the use and release, subject to any applicable 

rules of confidentiality, of pertinent information recorded by 

on-board observers of the Commission or a national program; 

(b) ensure that vessel owners and/or captains allow the Commission, in accordance the rules of procedure adopted by the 

Commission in this respect, to collect and analyze information 

necessary for carrying out the functions of the Committee for 

the Review of Implementation of Measures Adopted by the 

Commission; and 

(c) provide to the Commission every six months a report on 

the activities of its tuna-fishing vessels and any other information necessary for the work of the Committee for the Review 

of Implementation of Measures Adopted by the Commission. 

Article XVIII.5 requires each Party to take measures to ensure 

that vessels operating in waters under its national jurisdiction 

comply with the Convention and the measures adopted pursuant 

thereto. 

Enforcement 

Article XVIII.6 requires each Party, where it has reasonable 

grounds to believe that a vessel flying the flag of another State has 

engaged in any activity that undermines the effectiveness of conservation and management measures adopted by the Commission 

14 

for the Convention Area, to draw this to the attention of the flag 

State concerned. Paragraph 6 permits each such Party, as appropriate, to draw the matter to the attention of the Commission. 

Paragraph 6 requires the Party in question to provide the flag 

State with full supporting evidence and permits that Party to provide the Commission with a summary of such evidence. 

Paragraph 6 prohibits the Commission from circulating such information until such time as the flag State has had an opportunity 

to comment, within a reasonable time, on the allegation and evidence submitted for its consideration, or to object, as the case may 

be. 

Article XVIII.7 requires each Party, at the request of the Commission or any other Party, when provided with relevant information that a vessel under its jurisdiction has carried out activities 

which contravene the measures adopted pursuant to the Convention, to (1) carry out a thorough investigation and, if appropriate, 

(2) proceed in accordance with its national legislation and inform 

as soon as possible, the Commission and, if applicable, the other 

party, of the results of its investigation and the actions taken. 

Article XVIII.8 requires each Party to apply, in accordance with 

its national laws and in a manner consistent with international 

law, sanctions of sufficient gravity as to be effective in securing 

compliance with the provisions of the Convention and of measures 

adopted pursuant thereto, and to deprive offenders of the benefits 

accruing from their illegal activities, including, as appropriate, refusal, suspension or withdrawal of the authorization to fish. Similar provisions appear in Article 19.2 of the 1995 UN Fish Stocks 

Agreement, Article XVI.2 of the AIDCP and Article III.8 of the 

Compliance Agreement. 

Article XVIII.9 requires Parties whose coasts border the Convention Area or whose vessels fish for fish stocks covered by the Convention or in whose territory the catch is landed and processed to 

cooperate with a view to ensuring compliance with the Convention 

and with a view to ensuring the application of the conservation and 

management measures adopted by the Commission, including 

through the adoption of cooperative measures and schemes, as appropriate. 

Article XVIII.10 provides that if the Commission determines that 

vessels fishing in the Convention Area have engaged in activities 

which undermine the effectiveness of or otherwise violate the conservation and management measures adopted by the Commission, 

the Parties may take action, following the recommendations adopted by the Commission and in accordance with the Convention and 

international law, to deter such vessels from such activities until 

such time as appropriate action is taken by the flag State to ensure 

that such vessels do not continue those activities. 

Article XIX, Implementation, Compliance and Enforcement by Fishing Entities 

Article XIX provides that Article XVIII of the Antigua Convention applies, mutatis mutandis, to fishing entities that are members of the Commission. The phrase ‘‘mutatis mutandis’’, which 

also appears in Articles XXI, XXXVI.2 and Annex 1 paragraph 5, 

means substitute ‘‘fishing entity’’ for ‘‘Party’’ when applying articles 

15 

XVIII, XX, XXXVI.1 and Annex 1, paragraphs 1–4, respectively, to 

a fishing entity. 

Article XX, Duties of Flag States 

Article XX.1 requires each Party, in accordance with international law, to take such measures as may be necessary to ensure 

that vessels flying its flag comply with the provisions of the Antigua Convention and the conservation and management measures 

adopted pursuant thereto, and that such vessels do not engage in 

any activity which undermines the effectiveness of such measures. 

A substantively identical provision appears as Article 18.1 of the 

1995 UN Fish Stocks Agreement and Article III.1(a) of the Compliance Agreement. 

Article XX.2 provides that no Party shall allow any vessel entitled to fly its flag to be used for fishing for fish stocks covered by 

the Antigua Convention unless it has been authorized to do so by 

the appropriate authority or authorities of that Party. A similar 

provision appears as Article III.2 of the Compliance Agreement. Article 18.3 of the 1995 UN Fish Stocks Agreement sets out more extensive requirements in this regard. 

Paragraph 2 also provides that a Party is permitted to authorize 

the use of vessels flying its flag for fishing in the Convention Area 

only where it is able to exercise effectively its responsibilities in respect of such vessels under this Convention. A substantively identical provision appears as Article 18.2 of the 1995 UN Fish Stocks 

Agreement. A similar provision appears as Article III.3 of the Compliance Agreement. 

Article XX.3 provides an additional obligation on each Party to 

take such measures as may be necessary to ensure that vessels flying its flag do not fish in areas under the sovereignty or national 

jurisdiction of any other State in the Convention Area without the 

corresponding license, permit or authorization issued by the competent authorities of that State. A similar provision appears as Article 18.3(b)(iv) of the 1995 UN Fish Stocks Agreement. 

Article XXI, Duties of Fishing Entities 

Article XXI provides that Article XX of the Antigua Convention 

applies, mutatis mutandis, to fishing entities that are members of 

the Commission. 

PART V—CONFIDENTIALITY

Article XXII, Confidentiality 

Article XXII.1 requires the Commission to establish rules of confidentiality for all bodies and individuals given access to information pursuant to the Antigua Convention. The Commission is expected to establish these rules in due course. A similar requirement 

appears in article XVIII.1 of the AIDCP. It may be noted that the 

Parties to the AIDCP have adopted such rules, and it is likely that 

any IATTC rules would track them closely. 

Article I.15 of the 1949 Convention requires the Commission to 

adopt rules to ensure the confidential character of records of statistics of individual catches and individual company operations. 

16 

Notwithstanding any confidentiality rules adopted pursuant to 

paragraph 1, Article XXII.2 permits any person with access to such 

confidential information to disclose it in connection with legal or 

administrative proceedings if requested by the competent authority 

concerned. A similar exception appears in article XVIII.2 of the 

AIDCP. No similar provision appears in the 1949 Convention. 

PART VI—COOPERATION

Article XXIII, Cooperation and Assistance 

Article XXIII implements the requirements of Article 28, Forms 

of cooperation with developing States, of the 1995 UN Fish Stocks 

Agreement. 

Article XXIII.1 requires the Commission to seek to adopt measures relating to: • technical assistance, technology transfer, training and 

other forms of cooperation, and • to assist developing countries that are members of the 

Commission to fulfill their obligations under the Antigua Convention. 

Article XXIII.1 also requires the Commission to seek to enhance 

the ability of developing countries that are members of the Commission to develop fisheries under their respective national jurisdictions and to participate in high seas fisheries on a sustainable 

basis. 

Article XXIII.2 requires the members of the Commission to facilitate and promote such cooperation, especially financial and technical, and the transfer of technology, as may be necessary for the 

effective implementation of Article XXIII.1. 

Article XXIV, Cooperation with other Organizations or Arrangements 

Article XXIV.1 requires the Commission to cooperate with subregional, regional and global fishery organizations and arrangements and, as appropriate, to establish relevant institutional arrangements such as consultative committees, in agreement with 

such organizations or arrangements. The goal of such cooperation 

is to promote the achievement of the objective of the Antigua Convention, obtain the best available scientific information, and avoid 

duplication with respect to their work. A substantively identical 

provision appears as Article XIX of the AIDCP. 

Article XXIV.2 requires the Commission, in cooperation with the 

relevant organizations or arrangements, to adopt the rules of operation for the institutional arrangements established in accordance 

with paragraph 1 above. It is anticipated that the Commission will 

adopt these rules in due course. 

Article XXIV.3 and Article XXIV.4 are discussed above in connection with Article III. 

PART VII—SETTLEMENT OF DISPUTES

Article XXV, Settlement of Disputes 

Article XXV.1 requires the members of the Commission to cooperate to prevent disputes. Any member is permitted to consult 

with one or more members about any dispute related to the interVerDate Aug 04 2004 06:59 May 18, 2005 Jkt 039118 PO 00000 Frm 00024 Fmt 6633 Sfmt 6602 E:\HR\OC\TD002.XXX TD002
17 

pretation or application of the provisions of the Convention to reach 

a solution satisfactory to all as quickly as possible. A similar provision appears as Article XX.1 of the AIDCP and Article IX.1 of the 

Compliance Agreement. 

Article XXV.2 provides that, if a dispute is not settled through 

such consultation within a reasonable period, the members in question shall consult among themselves as soon as possible in order to 

settle the dispute through any peaceful means they may agree 

upon, in accordance with international law. A similar provision appears as Article XX.2 of the AIDCP and Article IX.2 of the Compliance Agreement. 

Article XXV.3 provides that, when two or more members of the 

Commission agree that they have a dispute of a technical nature, 

and they are unable to resolve the dispute themselves, they may 

refer the dispute, by mutual consent, to a non-binding ad hoc expert panel constituted within the framework of the Commission in 

accordance with the procedures adopted for this purpose by the 

Commission. No such procedures have as yet been adopted by the 

Commission. 

The Panel is required to confer with the members concerned and 

to endeavor to resolve the dispute expeditiously without recourse to 

binding procedures for the settlement of disputes. 

No provision similar to paragraph 3 appears in the AIDCP, the 

Compliance Agreement, or the 1995 UN Fish Stocks Agreement. 

It should be noted that the Antigua Convention does not provide 

for compulsory and binding dispute settlement. At the same time, 

it does not negate the compulsory dispute settlement provisions of 

other agreements (e.g., LOS Convention and UN Fish Stocks 

Agreement) as between parties to those agreements. 

PART VIII—NON-MEMBERS

Article XXVI, Non-Members 

Article XXVI addresses an issue not covered by the 1949 Convention. It implements Article 33 of the 1995 UN Fish Stocks Agreement and is consistent with that Agreement and with Article XXII 

of the AIDCP. 

Article XXVI.1 requires the Commission and its members to encourage all States and REIOs and, as appropriate, fishing entities, 

that are not members of the Commission to become members of the 

Commission or to adopt laws and regulations consistent with the 

Antigua Convention. A substantively identical provision appears as 

Article XXII.1 of the AIDCP. 

Article XXVI.2 requires the members of the Commission to exchange information among themselves, either directly or through 

the Commission, with respect to activities of vessels of non-members that undermine the effectiveness of the Antigua Convention. 

A substantively identical provision appears as Article XXII.3 of the 

AIDCP. 

Article XXVI.3 requires the Commission and its members to cooperate, consistent with the Convention and international law, to 

jointly deter vessels of non-members from carrying out activities 

that undermine the effectiveness of the Antigua Convention. To 

that end, members are required, inter alia, to call to the attention 

18 

of non-members such activities by their vessels. A substantively 

identical provision appears as Article XXII.2 of the AIDCP. 

PART IX—FINAL PROVISIONS

Article XXVII, Signature 

Article XXVII.1 provides that the Convention is open for signature from November 14, 2003 through December 31, 2004. 

Article XXVII.1 also identifies the four categories of those eligible 

to sign the new Convention: 

• States Parties to the 1949 Convention, i.e., Costa Rica, Ecuador, E1 Salvador, France (on behalf of Clipperton Island and 

French Polynesia), Guatemala, Mexico, Nicaragua, Japan, Panama, Peru, United States, Vanuatu and Venezuela. 

• States not party to the 1949 Convention with a coastline 

in the Convention Area, i.e., Canada, Chile, Colombia, and 

Honduras. It should be noted that El Salvador denies that 

Honduras has a coastline in the Convention Area, notwithstanding the contrary decision of the Chamber of the International Court of Justice in the Case Concerning the Land, Island and Maritime Frontier Dispute (El Salvador v. Honduras; 

Nicaragua intervening), 1992 ICJ Rep. 351, 617. 

• States and regional economic integration organizations 

(REIOs) not party to the 1949 Convention whose vessels have 

fished for fish stocks covered by the Convention at any time 

during the four years preceding adoption of the Convention on 

June 27, 2003, and that participated in the negotiation of the 

Antigua Convention, i.e., China, Korea, and the EU on behalf 

of Spain. 

• Other States not party to the 1949 Convention whose vessels have fished for fish stocks covered by the Convention at 

any time during the four years preceding adoption of the Convention on June 27, 2003, following consultation with the Parties to the 1949 Convention, i.e. Belize, Bolivia, and Honduras. 

This latter provision was added at the insistence of EI Salvador in light of its territorial dispute with Honduras. The nature and scope of the required consultations is undefined. However, no State can block the signature of a State that meets 

these conditions. 

Of the 22 States and REIO eligible to sign the Antigua Convention, five States signed the Convention when it opened for signature on November 14, 2003: Costa Rica, France, Mexico, Peru and 

the United States. Since then, six more States have signed the 

Convention: Nicaragua (on November 21, 2003), Guatemala (on 

January 6, 2004), China (on March 3, 2004), Ecuador (on April 14, 

2004), Venezuela (on May 12, 2004), El Salvador (May 13, 2004). 

Article XXVII.2 limits the ability of a member State of a regional 

economic integration organization referred to in paragraph 1 above 

to sign the Convention unless it represents a territory that lies outside the scope of the treaty establishing the organization and provided that such member State’s participation is limited to representing only the interests of that territory. At the present time, 

this provision permits France (as a member of the EU) to sign the 

Convention and represent only the interests of Clipperton Island 

19 

and French Polynesia; no other member State of the ED has territory in the Convention Area. 

Article XXVIII, Fishing Entities 

Article XXVIII provides the procedures for a fishing entity, such 

as Taiwan, to join the Antigua Convention. 

Article XXVIII.1 permits any fishing entity whose vessels have 

fished for fish stocks covered by the Antigua Convention at any 

time during the four years preceding the adoption of the Convention to express its firm commitment to abide by the terms of the 

Convention and comply with any conservation and management 

measures adopted pursuant thereto. The mechanism for doing so is 

to sign, during the period the Convention is open for signature (as 

set out in Article XXVII.1), an instrument drafted to this effect in 

accordance with a resolution adopted by the Commission under the 

1949 Convention, and/or during or after this period, provide a written communication to the Depositary in accordance with a resolution adopted by the Commission under the 1949 Convention. As 

noted below regarding Article XXXVII, the Depositary is required 

to promptly provide a copy of this communication to all signatories 

and Parties. 

On June 27, 2003, the 70th meeting of the IATTC adopted Resolution C–03–02 on the adoption of the Antigua Convention that, 

inter alia, called upon the fishing entities referred to in Article 

XXVIII to sign the instrument referred to in that article drafted in 

accordance with the text attached to this resolution as Annex A. At 

the same time, the IA TTC adopted Resolution C–03–09 inviting 

Taiwan to sign that instrument in its character as a fishing entity 

under the name Chinese Taipei. These resolutions are available at 

http://www.iattc.org/ResolutionsENG.htm. 

On November 14, 2003, Taiwan signed the instrument (as Chinese Taipei) in the form attached as Annex A to IA TTC Resolution 

C–03–02 adopting the Convention. In that instrument, Taipei declared its firm commitment to abide by the terms of the Antigua 

Convention and to comply with any conservation and management 

measures adopted pursuant thereto and to fulfill its obligations as 

a member of the Commission in accordance with the provisions of 

the Antigua Convention, subject to confirmation. 

Article XXVIII.2 provides that the commitment expressed pursuant to paragraph 1 above is effective from the date of entry into 

force of the Convention pursuant to Article XXXI.1, or on the date 

of the written communication referred to in paragraph 1 above, 

whichever is later. 

Article XXVIII.3 permits any fishing entity to express its firm 

commitment to abide by the terms of the Convention as it may be 

amended pursuant to. Articles XXXIV or XXXV, by providing a 

written communication to this effect to the Depositary in accordance with the resolution referred to in paragraph 1 above. 

Article XXVIII.4 provides that the commitment expressed pursuant to paragraph 3 above is effective from the dates referred to in 

Article XXXIV.3 and Article XXXV.4 or on the date of the written 

communication referred to in paragraph 3 above, whichever is 

later. 

20 

Article XXIX, Ratification, Acceptance or Approval 

Article XXIX provides that signature is subject to ratification, acceptance or approval in accordance with the domestic laws and procedures of the signatories. 

Article XXX, Accession 

Article XXX provides that the Convention ‘‘remains’’ open for accession. As this article does not expressly state that it is not open 

for accession until after the period for signature has expired, it appears that the Conventions open for accession from the date on 

which it is open for signature. 

Those eligible to accede are States and REIOs: 

• eligible to sign the Convention under Article XXVII; 

• whose vessels fish for fish stocks covered by the Convention, following consultation with the Parties. In contrast to Article XXVII.2, there is no specific time period mentioned. ‘‘Parties’’ here refers to Parties to the Antigua Convention. The nature and scope of the required consultations is undefined. However, no State can block the accession of a State that meets 

these conditions. 

• otherwise invited to accede on the basis of a decision by 

the Parties taken by consensus of all Parties pursuant to Article IX.2. Members of the Commission that are not Parties (i.e., 

fishing entities) may express their views on this decision which 

the Parties are required to take into account in reaching the 

final decision. Thus El Salvador but not Taiwan, for example, 

is empowered to block an invitation to another State or REIO 

to join the Convention under Article IX.2 

Article XXXI, Entry into Force 

Article XXXI.1 provides the Antigua Convention will enter into 

force 15 months after deposit with the Depository of the seventh 

instrument of ratification, acceptance, approval or accession of the 

Parties to the 1949 Convention. The thirteen Parties to the 1949 

Convention on November 14, 2003, were Costa Rica, Ecuador, El 

Salvador, France, Guatemala, Japan, Mexico, Nicaragua, Panama, 

Peru, United States, Vanuatu and Venezuela. This provision significantly improves the likelihood that the new Convention will 

enter into force in a timely manner. The original proposal would 

have required ratification by all Parties to the 1949 Convention, as 

does the 1999 Protocol. Deposit of instruments consenting to be 

bound from States not Party to the 1949 Convention at the time 

of adoption of the new Convention does not count toward the required seven instruments. 

Article XXXI.2 provides that, after the entry into force of the 

Convention, with respect to each State or regional economic integration organization that meets the requirements of Article XXVII 

or Article XXX, the Convention enters into force 30 days following 

the deposit of its instrument of ratification, acceptance, approval or 

accession. 

Article XXXI.3 provides that upon entry into force of the Antigua 

Convention, it shall prevail, as between Parties to it and the 1949 

Convention, over the 1949 Convention. 

21 

Paragraphs 4 and 5 of Article XXXI, along with Article VI, are 

designed to ensure the continuity of the Commission upon entry 

into force of the Antigua Convention. 

Article XXXI.4 provides that upon entry into force of the Antigua 

Convention, conservation and management measures and other arrangements adopted by the Commission under the 1949 Convention remain in force until such time as they expire, are terminated 

by a decision of the Commission, or are replaced by other measures 

or arrangements adopted pursuant to the Antigua Convention. 

Article XXXI.5 provides that upon the entry into force of the Antigua Convention, a Party to the 1949 Convention that has not yet 

consented to be bound by the Antigua Convention is deemed to remain a member of the Commission unless such Party elects not to 

remain a member of the Commission by so notifying the Depository 

in,writing prior to entry into force of the Antigua Convention. 

Termination of 1949 Convention 

Article XXXI.6 provides that the 1949 Convention will terminate 

upon entry into force of the new Convention for all Parties to the 

1949 Convention. To prevent any new party to the 1949 Convention from preventing termination of that Convention, the United 

States intends to condition its approval for such a new party to join 

the 1949 Convention on contemporary accession to the Antigua 

Convention. 

Article XXXII, Provisional Application 

Article XXXII of the new Convention provides that a State may 

apply the new Convention provisionally during the period between 

entry into force of the new Convention and entry into farce of the 

new Convention for that State. 

A similar provision appears as Article 41 of the 1995 UN Fish 

Stocks Agreement and article XXIX of the AIDCP. 

Article XXXIII, Reservations 

Article XXXIII provides that no reservations may be made to the 

Antigua Convention. The provision was considered necessary to 

maintain the ability of the IATTC to adopt conservation and management measures that, having been adopted by consensus, would 

be applicable to all members of the Commission. The 1995 UN Fish 

Stocks Agreement (Article 42) and the AIDCP (Article XXVIII) both 

have a similar provision prohibiting reservations. 

Article XXXIV, Amendments 

Article XXXIV regulates amendments to the Convention. Article 

XXXV (below) pertains to amendments to Annexes to the Convention. 

Article XXXIV.1 permits any member of the Commission to propose an amendment to the Convention by providing to the IATTC 

Director the text of a proposed amendment at least 60 days in advance of a meeting of the Commission. The Director is required to 

provide a copy of this text to all other members promptly. 

Article XXXIV.2 provides that amendments to the Convention 

are to be adapted in accordance with Article IX.2 of the Convention, i.e., by consensus of all Parties to the Convention. 

22 

Article XXXIV.3 provides that amendments to the Convention 

enter into force 90 days after all Parties to the Convention at the 

time the amendments were approved have deposited their instruments of ratification, acceptance or approval of the amendments 

with the Depositary. It is anticipated that any amendments to the 

Convention would be submitted to the Senate for its advice and 

consent. 

Article XXXIV.4 provides that States or regional economic integration organizations that become Parties to the Convention after 

the entry into force of amendments to the Convention or its annexes are considered to be Party to the Convention as amended. 

Article XXXV, Annexes 

Article XXXV.1 provides that the Annexes to the Convention 

form an integral part thereof and, unless expressly provided otherwise, a reference to the Convention includes a reference to the Annexes. 

Paragraphs 2–4 of this article provide the procedures for amending the Annexes. 

Article XXXV.2 provides that, as with amendments to the Convention, any member of the Commission may propose an amendment to an Annex by providing to the Director the text of a proposed amendment at least 60 days in advance of a meeting of the 

Commission. The Director is required to provide a copy of this text 

to all other members promptly. 

Article XXXV.3 provides that, as with amendments to the Convention, amendments to the Annexes are to be adopted in accordance with Article IX.2 of the Convention, i.e., by consensus of all 

Parties to the Convention. 

Article XXXV.4 provides that, in contrast to amendments to the 

Convention, unless otherwise agreed, amendments to an Annex 

enter into force for all members of the Commission 90 days after 

their adoption pursuant to paragraph 3 of this Article. 

The annexes to the Convention relate to provisions in the body 

of the Convention concerning various institutions, as well as information related to Parties’ national records of flag State vessels. In 

the event that an annex amendment were proposed (presumably in 

conjunction with an amendment to the body of the Convention) 

that was of such a nature that it needed to be sent to the Senate 

for advice and consent in order for the United States constitutionally to be bound by it, the Executive Branch would take the 

necessary steps to ensure that such an amendment did not enter 

into force for the United States absent such advice and consent 

(e.g., by preventing the adoption of such an amendment, or by linking its entry into force pursuant to Article XXXV.4 to the entry into 

force of the corresponding amendment to the body of the Convention). 

Article XXXVI, Withdrawal 

Article XXXVI.1 provides that any Party may withdraw at any 

time after twelve months from the date on which the Antigua Convention entered into force with respect to that Party by giving written notice of withdrawal to the Depositary. As noted below, the Depositary is required to inform the other Parties of the withdrawal 

23 

within 30 days of receipt of such notice. This paragraph provides 

that the withdrawal becomes effective six months after receipt of 

the notice by the Depositary. 

Article XXXVI.2 provides that this article applies, mutatis mutandis, to any fishing entity with respect to its commitment under 

Article XXVIII of the Convention. 

Article XXXVII, Depositary 

As the United States is the depositary of the 1949 Convention, 

Article XXXVII provides that the United States will serve as Depositary of the new Convention. As such, the Treaty Office of the 

Department of State will be required to fulfill the normal functions 

of a depositary as reflected in Article 77 of the Vienna Convention 

on the Law of Treaties. Some of these functions are expressly mentioned in Articles XXVIII.1(b) (Fishing Entities), XXXI (Entry into 

Force), XXXII (Provisional Application), XXXIV.3 (Amendments), 

XXXVI (Withdrawal), and XXXVII (Depositary) of the Antigua Convention. IATTC Resolution C–03–02, on the adoption of the Antigua Convention, calls upon the Depositary to inform the Parties to 

the 1949 Convention when the conditions for entry into force of the 

Antigua Convention have been met and to remind them of the relevant provisions of that resolution. 

ANNEXES

The Convention has four Annexes. 

Annex 1, Guidelines and Criteria for the Establishment of Records 

of Vessels 

In applying Article XII.2(k), Administration, paragraph 1 requires each Party to maintain a record of vessels entitled to fly its 

flag and authorized to fish in the Convention Area for fish stocks 

covered by the Convention. Paragraph 1 details the information for 

all such vessels to be entered in that record. The requirements of 

Annex 1 track precisely the requirements of a June 2000 IATTC 

Resolution for the establishment of a such a Regional Vessel Register. 

Paragraph 2 permits the Commission to exempt vessels from 

these requirements on the basis of their length or other characteristic. 

Paragraph 3 requires each Party to provide the IATTC Director, 

in accordance with the procedures established by the Commission, 

the information referred to in paragraph 1 above, and to promptly 

notify the Director of any modification to such information. 

Paragraph 4 requires each Party to inform the Director of additions and deletions to the record and the reasons for the deletion 

of any vessel. 

Paragraph 5 provides that Annex 1 applies, mutatis mutandis, to 

fishing entities that are members of the Commission. 

Annex 2, Principles and Criteria for the Participation of Observers 

at Meetings of the Commission 

Annex 2 sets out the principles and criteria for the participation 

of observers at meetings of the Commission. 

24 

Annex 3, Committee for the Review of Implementation of Measures 

Adopted by the Commission 

Annex 3 prescribes the functions of the Committee for the Review of Implementation Measures Adopted by the Commission established under Article X of the Convention. As noted earlier, these 

functions correspond in all substantive ways to the existing functions of the Permanent Working Group on Compliance established 

by the IATTC through a resolution adopted at the Commission’s 

June 1999 Annual Meeting. 

Annex 4, Scientific Advisory Committee 

Annex 4 prescribes the functions of the Scientific Advisory Committee established under Article XI of the Convention. As noted 

earlier, the provisions of the Annex and Article XI of the Convention are intended primarily to codify the existing practice for Parties to have input in the scientific work and analysis conducted by 

the IATTC staff through what is currently called the Working 

Group on Stock Assessment. The new provisions may, in fact, provide more opportunity for scientists from member countries, including the United States, and fishing entities to have input in such 

scientific work of the Commission. 

25 


Insert offset folio 165 here TD2.001
26 


Insert offset folio 166 here TD2.002
27 


Insert offset folio 167 here TD2.003
28 


Insert offset folio 168 here TD2.004
29 


Insert offset folio 169 here TD2.005
30 


Insert offset folio 170 here TD2.006
31 


Insert offset folio 171 here TD2.007
32 


Insert offset folio 172 here TD2.008
33 


Insert offset folio 173 here TD2.009
34 


Insert offset folio 174 here TD2.010
35 


Insert offset folio 175 here TD2.011
36 


Insert offset folio 176 here TD2.012
37 


Insert offset folio 177 here TD2.013
38 


Insert offset folio 178 here TD2.014
39 


Insert offset folio 179 here TD2.015
40 


Insert offset folio 180 here TD2.016
41 


Insert offset folio 181 here TD2.017
42 


Insert offset folio 182 here TD2.018
43 


Insert offset folio 183 here TD2.019
44 


Insert offset folio 184 here TD2.020
45 


Insert offset folio 185 here TD2.021
46 


Insert offset folio 186/200 here TD2.022