Proposal for a Council Decision on the Signature by the European Community to the Agreement on the international dolphin conservation program
Date: 1998-12-21
Institutions: European Commission
Subjects: fishing agreement, fishing area, fishing rights, international agreement, marine mammal

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels, 21.12.1998 
COM(1998) 787  final 

Proposal  for a 

COUNCIL  DECISION 

on the Signature by the European  Community to the 
Agreement on the International Dolphin  Conservation  Program 

(presented by the  Commission) 

Explanatory  Memorandum 

The Inter-American Tropical Tuna Commission  (IATTC) was created in  1950 to study 
the biology of tropical tuna in the eastern Pacific  Ocean and, in particular,  tuna-dolphin 
association, which is peculiar to the region and which results in high dolphin mortality 
during tuna  fishing. 

The Community  is not a member of the organisation. 

The problem of fishing  for tuna in association with dolphins attained significant  political 
dimensions when the US imposed  an embargo on imports, in particular from  Mexico  and 
other Latin America countries, of tuna fished  in a way that causes dolphin mortality. The 
embargo has also had an indirect impact on Community  exports to the US. 

An intergovernmental  meeting organised  in  1998 by the IATTC drew up an agreement 
on dolphin conservation which aims to limit dolphin mortality during tuna fishing  in the 
eastern Pacific  Ocean and gave the IATTC responsibility  for co-ordinating its 
application. The Commission participated  as an observer. 

The agreement is the culmination of a process intended to achieve three objectives: the 
strengthening of the IATTC by means of the accession of all the region's  fishing nations, 
the repeal of the US legislation and the implementation  of a multilateral programme  for 
the protection of dolphins. The agreement will only become effective  after  it is signed 
and ratified  by at least four  states or regional  economic integration organisations  which 
are members of the IATTC or whose vessels  fish for tuna in the Agreement Area while 
the Agreement is open for signature. 

The Community has fishing  interests in the eastern Pacific  and is therefore  obliged, under 
the terms of the UN Convention on the Law of the Sea, to co-operate with other 
interested parties in the management  and conservation  of the region's resources. 

Moreover, the Community's  active participation  in the management of the  international 
agreement on dolphins is currently limited by the fact that it is not a member of the 
IATTC. 

It is therefore  in the Community's  interest to accede to the IATTC and to sign the 
international  agreement on the protection of dolphins. The signature of the Agreement 
will be first  step in the process of eventual  approval  of the Agreement by the EC which 
should however be linked to the acceptance of EC membership  in IATTC by the other 
contracting parties. Should such accession to the IATTC take longer than expected  for 
technical reasons, the EC could, after having signed the agreement, declare its 
provisional  application in the  Community. 

The Council is therefore  asked to : 

sign the international  agreement on the conservation of dolphins on behalf of the 
Community.. 

Z 

Proposal  for a COUNCIL  DECISION 

on the Signature by the European  Community to the 
Agreement on the International  Dolphin  Conservation  Program 

THE COUNCIL  OF THE EUROPEAN  UNION, 

Having regard to the Treaty establishing the European Community, and in particular 
Article 43 thereof, in conjunction  with Article 228, paragraph 2, Having regard to the 
proposal from  the Commission, 

Whereas the Community is competent to adopt measures for the conservation and 
management of fisheries  resources and to enter into agreements with other countries or 
international  organisations; 

Whereas.the Community is a Contracting Party to the United Nations Convention on the 
Law of the Sea which requires  all members of the international  community to co-operate 
in conserving  and managing the sea's biological resources; 

Whereas the Community has signed the Agreement  on 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 Fish Stocks and 
Highly Migratory Fish Stocks; 

Whereas the 35th Intergovernmental Meeting on the conservation of tunas and dolphins 
in the Eastern Pacific  Ocean adopted in February  1998 the Agreement on the 
International Dolphin Conservation Program; 

Whereas the objectives  of the Agreement  include the progressive reduction of incidental 
dolphin mortalities in the tuna purse-seine fishery  in the Eastern Pacific  Ocean to levels 
approaching zero, through the setting of annual  limits and the long term sustainability of 
the tuna stocks in the Agreement Area; 

Whereas Community  fishermen  fish tuna stocks in the Area of the Agreement  and 
whereas it is in the Community's interest to play an effective  role in the implementation 
of the Agreement Whereas under Article XIV of the Agreement, the Inter-American 
Tropical Tuna Commission  shall have an integral role in co-ordinating the 
implementation of the Agreement  and whereas many implementing measures will be 
adopted within the framework  of IATTC; whereas it is therefore  necessary for the 
Community to accede to the Agreement  simultaneously with its accession to IATTC; 

Whereas the Agreement  is open to signature at Washington from May  15,  1998, until 
May,  14, 1999 by States with a coastline bordering the Agreement Area and by States or 
regional  economic integration organisations which  are members of the IATTC or whose 
vessels fish for tuna in the Agreement Area while the Agreement  is open to signature. 

Whereas the signature of the Agreement is a first  step towards to its later approval by the 
EC in conformity  with the relevant treaty procedures. 

HAS DECIDED AS FOLLOWS: 

3 

Article 1 

The European Community  shall sign the Agreement  on the International  Dolphin 
Conservation Program, subject  to its approval. The text of the Agreement is attached to 
this Decision  as an Annex. 

Article 2 

The President of the Council shall designate the person  authorised to sign the Agreement 
in the name of the European  Community. 

Done at Brussels, 

For the Council 
The President 

h 

AGREEMENT  ON THE INTERNATIONAL DOLPHIN CONSERVATION PROGRAM 

PREAMBLE 

The Parties to this Agreement, 

Aware  that,  in accordance with  the relevant  provisions  of international  law, as  reflected 
in the  United Nations  Convention  on the  Law  of  the  Sea  (UNCLOS)  of  1982, all  States 
have  the  duty to take, or to  cooperate with  other  States  in taking,  such measures  as  may 
be necessary for the conservation and management of living marine resources; 

Inspired  by  the  principles  contained  in  the  Rio  Declaration  on  Environment  and 
Development  of  1992, as well  as  the wish  to  implement  the principles  and  standards  of 
the Code of Conduct for Responsible Fisheries adopted by the FAO Conference  in  1995; 

Stressing  the political will of the international  community to contribute to enhancing  the 
the 
effectiveness  of  fisheries  conservation  and  management  measures, 
Agreement  to  Promote  Compliance  with  International  Conservation  and  Management 
Measures by Fishing Vessels on the High Seas, adopted by the FAO Conference  in 1993; 

through 

Taking  note  that  the  50th  General  Assembly  of  the  United  Nations,  pursuant  to 
resolution  A/RES/50/24,  adopted  the  Agreement  for  the  Implementation  of 
the 
Provisions  of  the  United  Nations  Convention  on  the  Law  of  the  Sea  of  10  December 
1982  Relating  to  the  Conservation  and  Management  of  Straddling  Stocks  and  Highly 
Migratory  Fish  Stocks  ("the  United  Nations  Agreement  on  Straddling  Fish  Stocks  and 
Highly Migratory Fish Stocks"; 

Reaffirming  the commitments  established  in the  La Jolla Agreement  of  1992 and  in  the 
Declaration of Panama of 1995; 

Emphasizing  the goals of eliminating dolphin mortality in the purse-seine tuna fishery  in 
the  Eastern  Pacific  Ocean  and  of  seeking  ecologically  sound  means  of  capturing  large 
yellowfin  tunas not in association with dolphins; 

Considering  the  importance  of  the  tuna  fishery  as  a source  of  food  and  income  for  the 
populations  of the Parties  and  that conservation  and  management  measures  must  address 
those needs and take into account the economic  and social impacts of those measures; 

Recognizing  the dramatic reduction  of incidental  dolphin mortality  achieved through  the 
La Jolla Agreement; 

Convinced  that scientific  evidence  demonstrates  that the technique of fishing  for  tuna  in 
association  with dolphins, in compliance with  the regulations  and procedures  established 
under  the  La  Jolla Agreement  and  reflected  in  the  Declaration  of  Panama,  has  provided 
an  effective  method  for  the  protection  of  dolphins  and  rational  use  of  tuna  resources  in 
the eastern Pacific  Ocean; 

$. 

Reaffirming 
achieving the objectives  of conservation and sustainable  use of living marine resources; 

that  multilateral  cooperation  constitutes  the  most  effective  means  for 

Committed  to ensure the sustainability of tuna stocks  in the eastern Pacific  Ocean and to 
progressively  reduce  the  incidental  dolphin  mortalities  in  the  tuna  fishery  of  the  eastern 
Pacific  Ocean  to  levels  approaching  zero;  to  avoid,  reduce  and  minimize  the  incidental 
catch  and  the  discard  of  juvenile  tuna  and  the  incidental  catch  of  non-farget  species, 
taking into consideration the interrelationship  among species in the ecosystem; 

Have agreed as follows: 

ARTICLE  I.  DEFINITIONS 

For the purposes of this Agreement: 

(1) 

(2) 

'Tuna"  means  the  species  of  the  suborder  Scombroidei  (Klawe.  1980),  with  the 
exception of the genus  Scomber. 

"Dolphins" means  species  of  the  family  Delphinidae  associated  with  the  fishery 
for yellowfin tuna in the Agreement  Area. 

(3) 

"Vessel" means a vessel that fishes  for tuna with a purse seine. 

(4) 

(5) 

"Parties  means" the  States  or regional  economic  integration  organizations  which 
have consented to be bound by this Agreement  and for which this Agreement  is in 
force. 

"Regional  economic 
integration  organization"  means  a  regional  economic 
integration  organization  to which  its  member  States  have  transferred  competence 
over  matters  covered  by  this  Agreement,  including  the  authority  to  make 
decisions binding on its member States in respect of those matters; 

(6) 

"IATTC" means the Inter-American  Tropical Tuna Commission. 

(7) 

(S) 

"La  Jolla  Agreement"  means  the  instrument  adopted  at  the  Intergovernmental 
Meeting held in June, 1992. 

"International  Dolphin  Conservation  Program"  means  the  international  program 
established  pursuant  to  this  Agreement  based  on  the  La  Jolla  Agreement,  as 
fonnalized,  modified  and  enhanced  in  accordance  with  the  Declaration  of 
Panama. 

(9) 

"On-Board  Observer Program" means the program defined  in Annex II. 

(10) 

"Declaration  of Panama"  means  the  declaration  signed  in Panama  City,  Republic 
of Panama, on October 4, 1995. 

(11) 

"Director" means the Director of Investigations of the IATTC. 

£ 

ARTICLE  II.  OBJECTIVES 

The objectives  of this Agreement are: 

(1) 

To  progressively  reduce  incidental  dolphin  mortalities  in  the  tuna  purse-seine 
fishery  in  the Agreement  Area  to  levels  approaching  zero, through  the  setting  of 
annual limits; 

(2)  With the goal of eliminating  dolphin  mortality  in this fishery,  to seek  ecologically 
sound  means  of capturing  large  yellowfin  tunas  not  in association  with  dolphins; 
and 

(3) 

To  ensure  the  long-term  sustainability  of  the  tuna  to  ensure  the  long-term 
sustainability  of the tuna stocks in the Agreement  area, as well as that of the  living 
the 
marine 
interrelationship  among  species  in the  ecosystem,  with  special  emphasis  on,  inter 
alia,  avoiding,  reducing  and  minimizing  by'catch  and  discards  of juvenile  tunas 
and non-target species. 

into  consideration 

resources 

fishery, 

related 

taking 

this 

to 

ARTICLE  III.  AREA  OF APPLICATION  OF THE  AGREEMENT 

The area of application of this Agreement  ("the  Agreement Area") is defined  in Annex I. 

ARTICLE  IV.  GENERAL  MEASURES 

The Parties shall, within the framework  of the IATTC: 

(1) 

(2) 

Take  measures  to  ensure  the  conservation  of  ecosystems  as well  as  conservation 
and  management  measures  to  ensure  the  long-term  sustainability  of  tuna  stocks 
and  other  stocks  of  living  marine  resources  associated  with  the  tuna  purse-seine 
' fishery  in  the  Agreement  Area,  based  on  the  best  scientific  evidence  available, 
and  apply  the  precautionary  approach,  consistent  with  the  relevant  provisions  of 
the  FAO  Code  of  Conduct  for  Responsible  Fisheries  and  the  United  Nations 
Agreement  on  Straddling  Fish  Stocks  and  Highly  Migratory  Fish  Stocks.  Such 
measures  shall be designed  to maintain  or restore the biomass  of harvested  stocks 
at or  above  levels  capable  of producing  maximum  sustainable  yield,  and with  the 
goal  of  maintaining  or  restoring  the  biomass  of  associated  stocks  at  or  above 
levels capable of producing maximum  sustainable yield; and, 

Take  measures,  according  to  their  capacities,  to  assess  the  catch  and  bycatch  of 
juvenile  yellowfin  tuna  and  other  stocks  of  living marine  resources  related  to  the 
purse-seine  tuna  fishery  in  the  Agreement  Area  and  establish  measures  in 
accordance with Article VI to, inter alia,  avoid,  reduce and minimize  the  bycatch 
of juvenile  yellowfin  tuna  and  bycatch  of  non-target  species,  in  order  to  ensure 
long-term  sustainability  of  all  these  species,  taking  into  consideration  the 
interrelationships  among species in the ecosystem. 

ï 

A R T I C LE  V.  INTERNATIONAL  D O L P H IN  C O N S E R V A T I ON  P R O G R AM 

Pursuant  to  the  international  dolphin  conservation  program  and  in  consideration  of  the 
objective  of  this  Agreement,  the Parties  shall,  inter  alia: 

(1) 

Limit  total  incidental  dolphin  mortality  in  the  purse-seine  tuna  fishery  in  the 
Agreement  Area  to  no  more  than  5,000  annually,  through  the  adoption  and 
implementation  of relevant  measures,  which  shall  include: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

the  establishment  of  a system  that  provides  incentives  to  vessel  captains  to 
continue 
the  goal  of 
eliminating  dolphin  mortality  in  this  fishery; 

incidental  dolphin  mortality,  with 

to  reduce 

The  establishment  within  the  framework  of  the  IATTC  of  a  system  of 
technical  training  and  certification  for  fishing  captains  and  crews  on  the 
gear  and  its  use,  as  well  as  the  techniques  for  the  rescue  and  safety  of 
dolphins; 

within  the  framework  of  the  IATTC,  the  promotion  and  support  of 
research  to  improve  gear,  equipment,  and  fishing  techniques,  including 
those  used  in the  fishery  for  tunas  associated  with  dolphins; 

The  establishment  of  an  equitable  system  for  the  assignment  of  dolphin 
mortality  limits  (DMLS),  consistent  with  the  per-year  dolphin  mortality 
caps,  in accordance  with  Annexes  III  and  IV; 

Requiring  their  respective  vessels  that  have  been  assigned  a DML,  or  that 
otherwise  operate  in  the.Agreement  Area,  to  comply  with  the  operational 
requirements  set  forth  in Annex  VIII; 

The  establishment  of  a  system  for  the  tracking  and  verification  of  tuna 
harvested  with  and  without  mortality  or  serious  injury  of  dolphins,  based 
on  the  elements  set  forth  in Annex  IX; 

The  exchange  of  scientific  research  data  collected  by  the  Parties  pursuant 
to  this Agreement  on  a full  and  timely  basis;  and 

The  conduct  of  research  for  the  purpose  of  seeking  ecologically  sound 
means  of capturing  large yellowfm  tunas  not  in  association  with  dolphins; 

(2) 

Establish  per-stock  per-year  dolphin  mortality  caps,  and  review  and  assess  the 
effects  of these  caps,  in  accordance  with  Annex  III;  and 

(3) 

Review  the measures  at a Meeting  of the  Parties. 

?• 

ARTICLE  V I.  SUSTAINABILITY  OF LIVING  MARINE  RESOURCES 

Pursuant  to  Article  IV,  the  Parties  commit  to  develop  and  implement,  within  the 
framework  of  the  IATTC,  measures  to  ensure  the  long-term - sustainability  of  living 
marine  resources  associated  with  the  purse-seine  tuna  fishery  in  the  Agreement  Area, 
taking  into  consideration  the  interrelationships  among  species  in  the  ecosystem.  To  this 
end, the Parties shall, inter alia: 

(1) 

(2) 

(3) 

(4) 

Develop  and  implement  a  program  for  assessing,  monitoring  and  minimizing 
bycatch of juvenile tuna and non-target  species in the Agreement  Area; 

To  the  maximum  extent  practicable,  develop  and  require  the  use  of  selective, 
environmentally  safe  and cost-effective  fishing  gear and techniques; 

Require  that  their  vessels  operating  in  the  Agreement  Area  release  alive 
incidentally  caught  sea  turtles  and  other  threatened  or endangered  species,  to  the 
maximum  extent practicable; and 

Request  the  IATTC  to  initiate  investigations  to  assess  whether  the  fishing 
capacity  of  vessels  fishing  in  the  Agreement  Area  poses  a  threat  to  the 
sustainability  of tuna stocks  and other  living  marine resources  associated  with  the 
fishery  and,  if  so,  examine  possible  measures  and  recommend  their  adoption 
whenever  appropriate. 

ARTICLE  VII.  IMPLEMENTATION AT THE NATIONAL LEVEL 

Each  Party  shall  adopt,  in  accordance  with  its  laws  and  procedures,  the  necessary 
measures to ensure the implementation  of and compliance with this Agreement  including, 
as appropriate, the adoption of relevant  laws and regulations. 

ARTICLE VIII.  MEETING OF THE PARTIES 

(1) 

(2) 

(3) 

(4) 

The  Parties  shall  Meeting  periodically  to  consider  matters  pertaining  to  the 
implementation  of this Agreement  and to make all decisions relevant thereto. 

The  ordinary  Meeting  of  the  Parties  shall  take  place  at  least  once  a  year, 
preferably  in conjunction  with an IATTC Meeting. 

The Parties  may  also hold  extraordinary  Meeting  when  deemed  necessary.  These 
Meeting  shall be convened  at the request  of any Party, provided  that  such  request 
is supported by a majority  of the Parties. 

The  Meeting  of  the  Parties  shall  be  held  when  a quorum  is  present.  Quorum  is 
reached  when  a majority  of  the Parties  are  present.  This  rule  shall  also  apply  to 
Meeting of subsidiary organs established under this Agreement. 

3 

(5) 

The  Meeting  shall  be  held  in  Spanish  and  English,  and  the  documents  of  the 
Meeting of the Parties shall be produced in both these languages. 

ARTICLE  IX.  DECISION  MAKING 

All  decisions  made by  the Parties  at Meeting  convened  pursuant  to  Article  VIII  shall  be 
by consensus. 

ARTICLE  X.  SCIENTIFIC  ADVISORY  BOARD 

The  functions  of  the  Scientific  Advisory  Board,  established  pursuant  to  the  La  Jolla 
Agreement,  shall  be  those  set  forth  in  Annex  V.  The  Scientific-Advisory  Board  shall  be 
composed  and shall operate in accordance with the provisions of Annex V. 

ARTICLE  XI.  NATIONAL  SCIENTIFIC  ADVISORY  COMMITTEES 

(1) 

Each Party  shall, in accordance  with  its  laws and procedures, establish  a National 
Scientific  Advisory Committee (NATS AC) of qualified  experts, operating in their 
individual  capacities,  from  the  public  and  private  sectors,  and  from  non 
governmental  organizations  including, inter alia, qualified  scientists. 

(2) 

The functions  of the NATS ACS shall be, inter alia, those set forth in Annex VI. 

(3) 

The  Parties  shall  ensure  that  the  NATSACS  shall  cooperate  through  regular  and 
timely  Meeting  in  the  review  of  data  and  the  status  of  stocks,  and  in  the 
development  of  advice  for  achieving  the  objectives  of  this  Agreement.  Such 
Meeting  shall  take  place  at  least  once  a  year  in  conjunction  with  an  ordinary 
Meeting of the Parties. 

kS 

ARTICLE  XII.  INTERNATIONAL  REVIEW  PANEL 

The  functions  of  the  International  Review  Panel  (IRP),  established  pursuant  to  the  La 
Jolla  Agreement,  shall  be  those  set  forth  in  Annex  VII. The  IRP  shall  be  composed  and 
shall operate in accordance with the provisions of Annex VII. 

i 

ARTICLE  XIII.  ON-BOARD  OBSERVER  PROGRAM 

The  On-Board  Observer  Program  established  pursuant  to  the  La  Jolla  Agreement  shall 
operate in accordance with Annex II. 

ARTICLE XIV. ROLE  OF THE IATTC 

Envisioning 
the 
implementation  of  this  Agreement,  the  Parties  shall,  inter  alia,  request  the  IATTC  to 

the  IATTC  shall  have  an 

in  coordinating 

integral  role 

that 

ÂD 

provide  secretariat  support  and  to  perform  such  other  functions  as  are  set  forth  in  this 
Agreement or are agreed upon pursuant  to this  Agreement. 

ARTICLE  XV.  FINANCING 

The  Parties  shall  contribute  to  the  expenses  necessary  to  achieve  the  objectives  of  this 
Agreement,  through  the  establishment  and  collection  of  vessel  fees,  the  level  of  which 
shall  be  determined  by  the  Parties,  without  prejudice  to  other  voluntary  financial 
contributions. 

ARTICLE  XVI.  COMPLIANCE 

(1) 

Each  Party  shall  ensure  with  respect  to  vessels  under  its  jurisdiction  effective 
compliance  with  the  measures  set  forth  in  this  Agreement  or  adopted  pursuant 
thereto.  In  particular,  each  Party  shall  ensure,  through,  inter  alia,  an  annual 
certification  and  inspection  program,  that  vessels  under  its jurisdiction  comply 
with: 

(a) 

the operational requirements  established  in .Annex VIII; and 

(b) 

the on-board observer, requirements  established in Annex II. 

(2) 

(3) 

(4) 

taking 

respect  of  violations,  each  Party, 

In 
the 
recommendations  of  the  IRP,  shall  apply,  consistent  with  its  national  laws, 
sanctions  of  sufficient  gravity  as  to  be  effective  in  securing  compliance  with  the 
provisions  of  this  Agreement  and  of  measures  adopted  pursuant  thereto  and  to 
deprive  offenders  of  the  benefits  accruing  from  their  illegal  activities.  Such 
sanctions  shall,  for  serious  offenses,  include  refusal,  suspension  or withdrawal  of 
the authorization to  fish. 

into  consideration 

The  Parties  shall  establish  incentives  for  the  captains  and  crews  of  vessels,  with 
the view to enhancing compliance with this Agreement  and its objectives. 

The  Parties  shall  adopt  cooperative  measures  to  ensure  compliance  with  this 
Agreement,  building  on  decisions  that  have  been  taken  under  the  La  Jolla 
Agreement. 

(5) 

Each  Party  shall  promptly  inform  the  IRP  of  enforcement  actions  it  has  taken 
pursuant to this Agreement,  and the results thereof. 

ARTICLE XVII.  TRANSPARENCY 

(1) 

(2) 

The Parties  shall  promote  transparency  in the  implementation  of this  Agreement, 
including through public participation, as appropriate. 

«» 

Representatives  from  intergovernmental  organizations  and  representatives  from 
the 
non-governmental  organizations  concerned  with  matters 

relevant 

to 

44 

implementation  of this Agreement  shall be  afforded  the opportunity  to take part in 
Meeting  of  the  Parties  convened  pursuant  to  Article  VIII  as  observers  or 
otherwise,  as appropriate,  in  accordance  with  the  guidelines  and  criteria  set  forth 
in  Annex  X.  Such  intergovernmental  organizations  and  non-governmental 
to 
organizations  shall  have  timely  access  to  relevant  information,  subject 
procedural rules on access to such information  that the Parties may adopt. 

ARTICLE XVIII.  CONFIDENTIALITY 

(1) 

(2) 

The  Meeting  of  the  Parties  shall  establish  rules  of  confidentiality  for  all  bodies 
given access to information  pursuant  to this  Agreement. 

Notwithstanding  any  confidentiality  rules  which  may  be  adopted  in  accordance 
with paragraph  1 above, any persons  with  access to such confidential  information 
in  connection  with  legal  or  administrative 
may  disclose  such  information 
proceedings, if requested  by a competent  authority of the Party  concerned. 

ARTICLE  XIX.  COOPERATION  WITH  OTHER  ORGANIZATIONS  OR  ARRANGEMENTS 

The  Parties  shall  cooperate  with  subregional,  regional  and  global  fishery  conservation 
and  management  organizations  and  arrangements  . with  the  goal  of  promoting  the 
achievement  of the objectives  of this Agreement. 

ARTICLE  XX.  SETTLEMENT  OF  DISPUTES 

(1) 

(2) 

The  Parties  shall  cooperate  in  order  to  prevent  disputes.  Any  Party  may  consult 
with  one  or  more  other  Parties  about  any  dispute  related  to  the  interpretation  or 
application  of the provisions  of this  Agreement  to reach  a solution  satisfactory  to 
all as quickly as possible. 

If a dispute is not settled through such consultation within a reasonable period, the 
Parties  in question  shall consult  among  themselves  as soon as possible in order to 
settle  the  dispute  through  any  peaceful  means  they  may  decide  upon  in 
accordance with international law. 

ARTICLE  XXI.  RIGHTS  OF  STATES 

No  provision  of  this  Agreement  may  be  interpreted  in  such .a  way  as  to  prejudice  or 
undermine  the  sovereignty,  sovereign  rights  or  jurisdiction  exercised  by  any  state  in 
accordance  with  international  law, as well  as  its  position  or views  with regard  to  matters 
relating to the law of the sea. 

A 

ARTICLE XXII.  NON-PARTIES 

(1) 

(2) 

The  Parties  shall  encourage  all  States  and  regional  economic 
integration 
organizations referred  to in Article XXIV  of this Agreement that are not Parties to 
become Parties to this Agreement  or to adopt  laws and regulations consistent  with 
it. 

The  Parties  shall  cooperate,  in accordance  with  this  Agreement  and  international 
law,  to  deter  vessels  flying  the  flags  of  States  that  are  not  Parties  from  carrying 
out  activities  that undermine  the effectiveness  of this Agreement.  To this end, the 
Parties  shall, inter alia, call to the attention  of non-Parties  such  activities  by  their 
vessels. 

(3) 

The  Parties  shall  exchange  information  among  themselves,  either  directly  or 
through  the Director,  with  respect  to  activities  of  vessels  flying  the  flags  of  non-
Parties that undermine the effectiveness  of this Agreement. 

ARTICLE XXIII.  ANNEXES 

The  Annexes  form  an  integral  part  of  this  Agreement  and,  unless  expressly  provided 
otherwise,  a  reference  to  this  Agreement  includes  a  reference  to  the  Annexes  relating 
thereto. 

ARTICLE XXIV.  SIGNATURE 

This  Agreement  is  open  for  signature  at  Washington  from  may  15,  1998, until  May  14, 
1999 by  States with  a coastline  bordering  the Agreement  Area  and by  States  or  regional 
economic  integration  organizations  which  are  members  of  the  IATTC  or whose  vessels 
fish  for tuna in the Agreement Area while the Agreement is open for signature. 

ARTICLE  XXV.  RATIFICATION,  ACCEPTANCE  OR  APPROVAL 

This  Agreement  is  subject  to  ratification,  acceptance  or  approval  by  the  signatories  in 
accordance with their domestic  laws and procedures. 

ARTICLE XXVI.  ACCESSION 

This  Agreement  shall  remain  open  to  accession  by  any  state  or  regional  economic 
integration  organization  that  Meeting  the  requirements  in Article  XXIV,  or  is  otherwise 
invited to accede to the Agreement on the basis of a decision by the Parties. 

/I* 

ARTICLE XXVII.  ENTRY  INTO FORCE 

(1) 

(2) 

This  Agreement  shall  enter  into  force  upon  deposit  of  the  fourth  instrument  of 
ratification,  acceptance, approval or accession with the Depositary. 

After  the  date  referred  in  Paragraph  (1),  with  respect  to  each  State  or  regional 
economic  integration  organisation  that  Meeting  the  requirements  of  Article 
XXIV,  the  Agreement  will  enter  into  force  for  said  State  upon  deposit  of  its 
instrument  of ratification,  acceptance, approval  or accession 

ARTICLE XXVIII.  RESERVATIONS 

No reservations may be made to this *A.greement. 

ARTICLE  XXIX.  PROVISIONAL  APPLICATION 

(1) 

(2) 

(1) 

(2) 

(3) 

This  Agreement  shall  be  applied  provisionally  by  a  State  or  Regional  economic 
integration  organization  which  consents  to  its  provisional  application  by  so 
notifying  the  Depositary  in  writing.  Such  provisional  application  shall  become 
effective  from  the date of receipt of  thenotification. 

Provisional  application  by  a State  or  regional  economic  integration  organization 
shall  terminate  upon  the  entry  into  force  of  this  Agreement  for  that  State  or 
regional  economic  integration  organization  or  upon  notification  by  that  State  or 
regional  economic  integration  organization  to  the  Depositary  in  writing  of  its 
intention to terminate provisional  application. 

ARTICLE  XXX.  AMENDMENTS 

.Any  Party  may  propose  an  amendment  to  this  Agreement  by  providing  to  the 
Depositary  the  text  of  a proposed  amendment  at  least  sixty  days  in  advance  of  a 
Meeting of the Parties. The Depositary  shall provide a copy of this text to all other 
Parties. 

Amendments  to this Agreement  that  are adopted  by consensus  at a Meeting of the 
Parties  shall  enter  into  force  on  the  date  on  which  all  Parties  have  deposited 
instruments of ratification,  acceptance or approval with the Depositary. 

Unless  the  Parties  decide  otherwise,  the  Annexes  to  this  Agreement  may  be 
amended,  by  consensus,  at  any Meeting  of  the  Parties.  Unless  otherwise  agreed, 
amendments to an Annex shall enter into  force  for all Parties upon adoption. 

A\ 

ARTICLE XXXI.  WITHDRAWAL 

Any  Party  may  withdraw  at  any  time  after  twelve  months  from  the  date  on  which  this 
Agreement  entered  into  force  with  respect  to  that  Party  by  giving  written  notice  of 
withdrawal  to  the  Depositary.  The  Depositary  shall  inform  the  other  Parties  of  the 
withdrawal  within  30  days  of  receipt  of  such  notice!  The  withdrawal  shall  become 
effective  six months after  receipt of such notice. 

ARTICLE XXXII.  DEPOSITARY 

The  original  texts  of  this  Agreement  shall  be  deposited  with  the  -Government  of  the 
United  States  of America, which  shall send certified  copies thereof  to the signatories  and 
the Parties  thereto, and to the Secretary General  of the United Nations  for registration  and 
publication, pursuant to Article  102 of the charter of the United Nations. 

IN WITNESS  WHEREOF, the undersigned  plenipotentiaries. 

having  been  duly  authorized  by  their  respective  Governments,  have  signed  this 
Agreement. 

DONE  AT Washington,  on this fifteenth  day of May,  1998, in English  and Spanish, both 
texts being equally authentic. 

ANNEX  I 

Agreement  Area the Agreement  area comprises the area of the Pacific  Ocean bounded  by 
the coastline of north, central, and South America and by the following  lines: 

(a) 

The 40° N parallel  from  the coast of North America to its intersection  with 
the  150° W meridian; 

(b) 

The  150° W meridian to its intersection with the 40° S parallel; 

(c) 

And the 40° S parallel to its intersection with the coast of South America. 

ANNEX  II 

ON-BOARD  OBSERVER  PROGRAM 

(1) 

The Parties shall maintain  an On-Board  Observer Program  in accordance with  the 
provisions  of  this  Annex.  As  a component  of  this  Program,  each  Party  may  also 
maintain  its own  national  observer  program,  in accordance  with  the provisions  of 
this Annex. 

(2) 

Each  Party  shall  require  its  vessels  with  a  carrying  capacity  greater  than  363 
metric  tons  (400  short  tons)  and  that  operate  in  the  Agreement  Area,  to  carry  an 

A( 

observer during each fishing  trip in the Agreement Area. At least 50 percent of the 
observers  on  the  vessels  of  each  Party  shall  be  IATTC  observers;  the  remainder 
may be  from  the Party's  national  observer  program,  based  on criteria  set  forth  in 
this Annex as well as any other criteria established by the Meeting of the Parties. 

(3) 

All observers must: 

(a) 

(b) 

have  completed  the  technical  training  required  by  the  guidelines  that  the 
Parties establish; 

be a national of one of the Parties or a member of the scientific  staff  of the 
IATTC; 

(c)  •  be capable of performing  the duties  set  forth  in paragraph 4 of this Annex; 

and 

(d) 

be included  in a list  of observers  maintained  by the IATTC  or, if part  of a 
national observer program, by the Party maintaining such program. 

(4) 

The duties of the observers shall be, inter alia: 

(a) 

(b) 

(c) 

(d) 

(e) 

to gather all pertinent information  on the fishing  operations of the vessel to 
which  the  observer  is  assigned  as  is necessary  for  implementation  of  this 
Agreement; 

to  make  available  to  the  captain  of  the  vessel  to  which  the  observer  is 
this 
assigned  all  measures  established  by  the  Parties  pursuant 
Agreement; 

to 

to  make  available  to  the  captain  of  the  vessel  to  which  the  observer  is 
assigned the record of dolphin mortality of that vessel; 

to  prepare  reports  on  information  gathered  in  accordance  with  this 
paragraph,  and  provide  the  vessel  captain  with  the  opportunity  to  include 
in such reports any information  the captain might deem to be relevant; 

to provide such reports to the Director or the pertinent national program, to 
be  used  in  accordance'with  Annex  VII,  paragraph  1, of  this  Agreement; 
and 

(f) 

to perform  such other functions  as agreed by the Parties. 

(5) 

The observers shall: 

(a) 

except to the extent required under paragraphs 4(d) and 4(e) of this Annex, 
treat  as  confidential  all  information  with  respect  to  the  fishing  operations 
of  the  vessels  and  of  the  vessel  owners,  and  accept  this  requirement  in 
writing as a condition of appointment as an observer; 

A 

(b) 

(c) 

(d) 

comply  with  requirements  established  in  the  laws  and  regulations  of  the 
Party which  exercises jurisdiction  over the vessel  to which  the observer  is 
assigned  insofar  as  such  requirements  are  not  incompatible  with  the 
provisions of this Annex; 

refrain  from  issuing  or  endorsing  any  certificate  or  other  documentation 
relating to the  fishing  operations  of the vessel, except  as may be  approved 
by the Parties; and 

respect  the  hierarchy  and  general  rules  of  behavior  which  apply  to  all 
vessel personnel, provided  such rules cio not interfere with the duties of the 
observers  described  in  this  Annex  and  with  the  obligations  of  vessel 
personnel set forth  in paragraph  6 of this Annex. 

(6) 

The  responsibilities  of  the  Parties  and  vessel  captains  regarding  observers  shall 
include the following,  inter alia: 

(a) 

(b) 

(c) 

(d) 

(e) 

Observers  shall be  allowed  access  to vessel  personnel  and to the gear  and 
equipment  specified  in Annex VIII; 

Upon  request,  observers  shall  also  be  allowed  access  to  the  following 
equipment,  if present  on the  vessel  to which  they  are assigned,  in order  to 
facilitate  the carrying out of their duties set forth  in paragraph 4: 

i. 

ii. 

iii. 

satellite navigation  equipment; 

radar display viewing screens when in use; 

high-powered  binoculars  including  during  the  chase  and 
encirclement  of  dolphins  to  facilitate  identification,  except 
when in use by vessel personnel; and 

iv. 

electronic means of communication; 

Observers shall have access to the vessel working  deck during net and  fish 
retrieval  and  to  any  specimen,  alive  or  dead,  that  is  brought  aboard  the 
vessel  during  a  set  in  order  to  collect  biological  samples  in  accordance 
with  the  On-Board  Observer  Program  or  as  otherwise  required  by-
competent national  authorities  as part of a national observer program; 

Observers  shall  be  provided  accommodations,  including  lodging,  food, 
and adequate sanitary facilities  equal to those of the crew; 

Observers  shall  be  provided  with  adequate  space  on  the  bridge  or 
pilothouse  for  clerical  work,  as  well  as  space  on  deck  adequate  for 
carrying out observer duties; and 

Air 

(f) 

The  Parties  shall  ensure  that  captains,  crew,  and  vessel  owners  do  not 
obstruct, intimidate,  interfere  with,  influence,  bribe, or attempt  to bribe  an 
observer in the performance  of his or her duties. 

(7) 

The Parties shall: 

(a) 

(b) 

ensure  that  any  observers  from  their  respective  national  programs  collect 
information  in the same manner as is required for IATTC observers; and 

provide to  the Director  copies  of  all  raw  data  collected by  observers  from 
their respective national programs  in a timely manner upon the conclusion 
of the trip during which the data were collected, along with summaries  and 
reports comparable to those provided by IATTC observers. 

(S) 

(9) 

In  a timely manner  after  each  trip  observed  by  an IATTC  observer,  the  Director, 
in  a  manner  consistent  with  any  applicable  confidentiality  requirements,  is 
requested  to  provide  to  the  Party  under  whose  jurisdiction  the  vessel  fished, 
copies of all raw data, summaries, and reports pertaining to the trip. 

Notwithstanding  other  provisions  of  this  Annex,  if  the  Director  determines  that 
the  placement  of  an  observer  from  the  On-Board  Observer  Program  is  not 
practical,  a  vessel  subject  to  the  jurisdiction  of  a  Party  that  fishes  in  the 
Agreement  Area  without  setting  on  dolphins  may  use  a  trained  observer  from 
another  international  program, provided  such program  is approved  by the Parties, 
to  collect  pertinent  information  for  the  On-Board  Observer  Program,  and  to 
confirm  to the Director that such vessel does not set on dolphins. 

(10)  Observers  from  the  On-Board  Observer  Program  may  be  assigned  to  vessels  of 
non-Parties  at  the  discretion  of  the  Director,  provided  the  vessel  and  the  vessel 
captain  comply  with  all  the  requirements  of  this  Annex  and  all  other  applicable 
requirements  of this  Agreement.  The  Director  is requested  to  inform  the  Parties 
of any such assignment in a timely manner. 

(11) 

Fees 

(a) 

(b) 

The  Parties  shall  establish  the  amount  of  the  annual  vessel  fees  to  cover 
the costs of the  On-Board  Observer  Program.  The  fees  shall  be  calculated 
on the basis  of  the  carrying  capacity  of  each  vessel  or  any  other  standard 
specified  by the Parties. 

At the time a Party  submits  to the Director the list of vessels under  Annex 
IV to this Agreement,  it shall  also  submit payment,  in U.S. dollars, for  the 
fees  established  under  paragraph  11(a)  of  this  Annex,  specifying  which 
vessels the payment covers. 

(c) 

No  observer  shall  be  assigned  to  a vessel  for  which  the  fees,  as  required 
under paragraph  11 (b) of this Annex, have not been paid. 

Ai 

ANNEX  III 

PER-STOCK,  PER-YEAR  DOLPHIN  MORTALITY  CAPS 

(1) 

(2) 

(3) 

The Parties shall establish,  at a Meeting  convened pursuant  to Article VIII of this 
Agreement, a per-stock, per-year dolphin mortality cap for each stock of dolphins, 
determined  by  the  Meeting  of  the  Parties,  based  on  the  best  available  scientific 
evidence,  of  between  0.2  percent  and  0.1  percent  of  the  Minimum  Estimated 
Abundance (Nm/;1) as calculated by the U.S. National Marine Fisheries Service or 
equivalent  calculation  standard  as  might  be  developed  or  recommended  by  the 
Scientific  Advisory Board but in no event  shall the total annual incidental  dolphin 
mortality  exceed  5,000,  consistent  with  the  provisions  of  this  Agreement.  In  the 
year  2001  and  thereafter,  the  per-stock,  per-year  cap  shall  be  0.1  percent  of  the 
minimum estimated abundance (Nm/W). 

The  Parties  shall  conduct  in  1998,  or  as  soon  as  possible  thereafter,  a  scientific 
review  and  assessment  of progress  toward  the  year  2001  objective,  and  consider 
recommendations  as  appropriate.  Up  to  the  year  2001, in  the  event  that  annual 
mortality  of 0.2 percent of Nw/W  is exceeded  for any stock of dolphins, all sets on 
that stock and on any mixed  schools containing members of that stock shall cease 
for that year. Beginning  in the year 2001, in the event that annual mortality of  0.1 
percent  of Nm/n  is exceeded  for  any  stock  of dolphins,  all  sets on that  stock  and 
on  any mixed  schools  containing  members  of that  stock  shall cease  for  that  year. 
In  the  event  that  annual  mortality  of  0.1 percent  of N/m>z  is  exceeded  for  either 
eastern  spinner or northeastern  spotted  dolphin  stocks, the Parties  shall conduct  a 
scientific  review and assessment  and consider further  recommendations. 

For  purposes  of  this  Agreement,  the  Parties  shall  use  the  current  estimate  of 
absolute abundance  for the dolphin  stocks  of the eastern Pacific  Ocean presented 
by Wade and Gerrodette to the International  Whaling Commission  in  1992, based 
on  U.S.  National  Marine  Fisheries  Service  research  vessel  data  for  the  period 
1986-1990,  until  the  Parties  agree  on  an  updated  set  of  figures.  Such  updates 
could  result  from  the  analysis  of  data  from  future  research  cruises  and  indices  of 
abundance  and  other  relevant  scientific  data  from  the  Parties,  the  IATTC  and 
other scientific  organizations. 

(4) 

The  Parties  shall  establish  a  system,  based  on  real-time  observer  reporting,  to 
ensure  effective  implementation  and  compliance  with  the  per-stock,  per-year 
dolphin mortality cap. 

(5)  Within  six  months  of  the  entry  into  force  of  this  Agreement,  the  Parties  shall 
establish  a  system  for  the  allocation  of  the  per-stock  per-year  dolphin  mortality 
cap  for  each  stock  for  the  ensuing  year  and  years  thereafter.  This  system  shall 
provide  for  thé  distribution  of  the  mortality  limits  in Paragraph  1 of this  Annex 
among  vessels  of  the Parties  which  are  eligible  for  Dolphin  Mortality  Limits,  in 
accordance  with  Annex  IV.  When  establishing  this  system,  the  Parties  shall 
consider  the best  available  scientific  evidence  on the distribution  and  abundance 

Jl 

of  the  stocks  in  question,  and  other  variables  which  the  Meeting  of  the  Parties 
shall define  at a later date. 

ANNEX  IV 

DOLPHIN  MORTALITY  LIMITS (DMLs) 

I. 

ASSIGNMENT  OF DMLs 

(1)  •  Each Party shall provide  to  the Meeting  of  the Parties, through  the Director,  prior 
to  October  1  of  each  year,  a  list  of  vessels  under  its  jurisdiction  of  carrying 
capacity  greater  than  363  metric  tons  (400  short  tons)  that  have  requested  a  full-
year  DML  for  the  following  year,  indicating  those  other vessels  that are likely  to 
be  operating  in  the  Agreement  Area  in  the  following  year,  and  vessels  that  have 
requested a second-semester DML  for the  following  year. 

(2) 

The IRP shall, by November  1 of each year,  or  later if agreed  by the IRP, provide 
to the Meeting of the Parties a list of qualified  applicant vessels eligible to receive 
a DML. For purposes  of this Agreement,  a vessel shall be considered qualified  if: 

(a) 

(b) 

it has been certified  by the relevant  national  authorities to be in possession 
of all of the dolphin safety  gear and equipment required in Annex VIII; 

its  captain  and  crew  have  received  approved  training  in  dolphin  release 
and rescue techniques comparable  to a standard established by the Meeting 
of the Parties; 

(c) 

it is over 363 metric tons (400 short tons) carrying capacity in size; 

(d) 

it  has  a  captain  considered  qualified  due  to  his  or  her  prior  record  of 
performance;  and 

(e) 

the vessel is not deemed to be disqualified  under section ii of this Annex. 

(3) 

A vessel  shall not be considered  qualified  under paragraph  2 if, on the date of the 
request  pursuant  to  paragraph  1 of  this  Annex,  the  vessel  is  operating  under  the 
jurisdiction  of  a  Party  whose  applicable  laws  and  regulations  prohibit  vessels 
under  its jurisdiction  from  fishing  for  tuna  in  association  with  dolphins; nor  shall 
DMLs  be  assigned  to  any  Party  in  order  to  provide  permits  for  fishing  in  the 
Agreement  Area to vessels  flying  the  flag  of  another  State whose  applicable  laws 
and  regulations  prohibit  vessels  under  its  jurisdiction  from  fishing  for  tuna  in 
association with dolphins. 

(4) 

98 percent, or such other unreserved  portion  as the Parties might determine, of the 
overall  dolphin  mortality  limit  for  the  fishery  (5,000, or such other lower limit  as 
the Parties  might  determine)  shall be used  to  calculate  into  an average  individual 

%P 

(5) 

(6) 

(7) 

(S) 

vessel  DML  (ADML)  and  distributed  among  the  Parties  for  the  succeeding  year, 
as set forth  in paragraph  5 of this Section. 

The  ADML  shall  be  calculated  by  dividing  the  unreserved  portion  of  the  overall 
DML  for  the  fishery  established  under  paragraph  4  by  the  total  number  of 
qualified  vessels  requesting  full-year  DMLS.  The  distribution  of  DMLS  among 
Parties  shall be determined  by multiplying  the ADML  by the number  of  qualified 
vessels  requesting  full-year  DMLS  and  operating  under  the jurisdiction  of  each 
Party. 

The  remaining  two  percent,  or such  other  portion  as the  Parties  might  determine, 
of the overall DML  for  the fishery  shall  be maintained  as a separate reserve DML 
Allocation (RDA), to be managed  at the discretion of the Director. Any Party may 
request that the Director assign DMLS  from  such RDA to vessels fishing  under its 
jurisdiction  which  do not normally  fish  for  tuna  in the Agreement  Area but  which 
may,  from  time to time, desire to participate  in the fishery  in the Agreement  Area 
on  a  limited  basis,  provided  that  such  vessels  and  their  captains  and  crews  meet 
the  operational  and  training  requirements  set  forth  in  Annex  VIII  of  this 
Agreement  and  that  the  requirements  set  forth  in  paragraphs  2  and  3,  of  this 
Section  are  met.  Any  accidental  mortalities  caused  by  vessels  operating  in  the 
Agreement  Area  under  the  jurisdiction  of  any  of  the  Parties  that  have  not 
requested DMLS for their fleet  shall also be deducted from this RDA. 

No DML  shall be  assigned  to  a vessel  which  has been  determined  by the  Parties 
to  have  engaged  in  a  pattern  of  violations,  as  confirmed  through  enforcement 
actions taken against such vessel by the Party under whose jurisdiction  it operates, 
which  diminish  the  effectiveness  of  the  International  Dolphin  Conservation 
Program. 

The  individual  Parties  with  qualified  vessels  that  will  be  fishing  for  tuna  in 
association  with  dolphins  shall  manage  their  DMLs  in  a  responsible  manner, 
provided  that  no  individual  vessel  shall  receive  a total  annual  DML  in  excess  of 
the DML established  for  1997 by the IRP,  and reported  in the Minutes of the  14th 
Meeting of the IRP, held on February  19-20,  1997, under the La Jolla Agreement. 
No  Party  shall  allocate  to  the  total  of  its  qualified  vessels  a  greater  number  of 
DMLs than those that such Party has been allocated under sections  i and iii of this 
Annex. No initial  assignment  of DMLs  may result  in any vessel receiving  a DML 
in excess of the ADML  unless  its performance  in reducing  dolphin  mortalities,  as 
measured  by  the  IRP  based  upon  the  previous  two  years  data,  is  better  than  the 
average performance  of the international  fleet  as a whole,  no initial assignment  of 
DMLs  may  result  in  any  vessel  receiving  a  DML  in  excess  of  the  ADML  if 
during  the  previous  year,  it  has  committed  any  of  the  infractions  identified  in 
Section  III,  paragraph  4  of  this  Annex,  subject  to  the  conditions  established 
pursuant  to that paragraph. 

(9) 

Should  the  total  mortalities  of  the  fleet  of  any  Party  meet  or  exceed  the  total 
amount  of  DML  distributed  to  it  pursuant  to  this  .Annex,  fishing  for  tuna  in 

QA 

association  with  dolphins  shall  cease  for  all  vessels  operating  under  the 
jurisdiction  of that Party. 

(10)  Each Party  shall, no  later than February  1 of each year,  notify  the Director  of  the 
initial  allocation  of  its  distributed  DML  among  its  fleet.  No  vessel  may  begin 
fishing  for  tunas  associated  with  dolphins  until  the  Director  receives  such 
notification. 

II.  UTILIZATION  OF DMLs 

(1) 

Any vessel  which  is assigned  a full-year  DML  and does not  set  on dolphins  prior 
to April  1  of that year, or which  is assigned  a second-semester  DML and does not 
set on dolphins by December 31 of that  year, or which is assigned  a per-trip DML 
from  the  RDA  and  does not  set on dolphins  during  that trip, unless  as a result  of 
force  majeure or extraordinary  circumstances,  as agreed  by the  IRP,  shall  lose  its 
DML  and may not set on dolphins  for the remainder of that year,  any such vessel 
that  loses its DML  on two consecutive  occasions  shall not  be eligible to receive a 
DML  for the following  year. 

(2)  Within  six  months  following  entry  into  force  of  this  Agreement,  the  IRP,  in 
cooperation  with  the scientific  staff  of the  IATTC, shall  develop  and  recommend 
a system by which to measure DML utilization  in order to deter frivolous  requests 
for DMLS. Such recommended  system  shall be presented  for consideration by the 
Meeting of the Parties. 

III.  USE  OF FORFEITED  OR  UNUTILIZED  DMLs 

(1) 

(2) 

After  April  1 of  each  year,  any DMLs  which  the Director  determines  will  not  be 
utilized  pursuant  to  Section  II  or  which  have  otherwise  been  forfeited  shall  be 
reallocated to the Parties consistent with this Section. 

On  the  first  working  day  in  April  of  each  year,  the  full-year  DMLs  assigned  to 
those vessels that have not utilized them, pursuant, to Section II, or have otherwise 
forfeited  them, shall be redistributed  among the Parties by the Director,  consistent 
with  the  formula  established  pursuant  to  Section  I,  paragraph  5,  but  after  first 
adjusting  such  formula  as  set  forth  in  subparagraphs  (a), (b)  and  (c)  below.  Such 
additional  DMLs  may  be  reallocated  by  the  individual  Parties  among  qualified 
vessels  under  the jurisdiction  of  such  Party,  subject  to  limitations  and  conditions 
set forth  in paragraphs 3, 4, 5, 6 and 7 of this Section. 

(a) 

In performing  the reallocation,  any vessels that may have lost or otherwise 
forfeited  DMLs  under  this  paragraph,  and  any vessels  requesting  second-
semester DMLs  after  the deadline  set  forth  in Section I, paragraph  1, shall 
not be considered. 

(b) 

Prior to establishing  the number  of DMLs available  for  reallocation  under 
this  section,  adjustment  shall  be  made  by  subtracting  from  such  number 

sv 

any  observed  dolphin  mortalities  caused  by  those  vessels  that  lost  their 
DMLs under Section II, paragraph  1. 

(c) 

Prior to establishing  the number  of DMLs  available  for  reallocation  under 
this  Section,  the  Director  shall  deduct  one  third  of  the  ADML  calculated 
pursuant  to Section  I, paragraph  5,  for  allocation  to each vessel  requesting 
a  second-semester  DML  prior  to  the  deadline  established  pursuant  to 
SectionI,  paragraph  1. Such  second-semester  DMLs  shall  be  allocated  by. 
the  Director  to  the  Parties  proportionately,  based  upon  the jurisdiction  of 
respective  Parties  over  vessels  covered  under  this  subparagraph.  The 
second-semester  DMLs.  assigned  to  such  vessels  by  the  Parties  under 
whose jurisdiction  they  operate  shall  not  exceed  one-third  of  the  ADM1 
calculated  pursuant  to Section  I,  paragraph  5. Such  vessels may not  begin 
setting on dolphins before July  1 of that year. 

(3) 

Any Party may adjust  the DMLs of its qualified  vessels which meet the criteria set 
forth  in  Section  I,  paragraph  2,  of  this  Annex  either  upward  or  downward, 
provided  that  no  vessel  is  assigned  an  adjusted  DML  in  excess  of  50  percent 
above  its  initial  DML,  unless  its  performance  in  successfully  reducing  dolphin 
mortalities, as measured by the IRP, is in the upper 60 percent  of the  performance 
of  the  international  fleet  as  a whole,  as  determined  by  the  IRP,  based  upon  the 
prior  years  data.  A Party  making  such  an  adjustment  shall  so notify  the  Director 
no later than may  1, and no such adjustment  shall take effect  until the Director has 
been  notified. 

(4) 

No  vessel  may have its initial DML  adjusted  upward  by  any Party  if the IRP  had 
determined,  and  the  Party  with jurisdiction  over  the  vessel  concurs,  that  during 
that year or the previous year: 

(a) 

the vessel fished  without an observer; 

(b) 

the vessel set on dolphins without  a DML; 

(c) 

the vessel set on dolphins after  reaching  its DML; 

(d) 

the vessel knowingly set on a banned  dolphin stock; 

(e) 

the  captain,  crew,  or  the  vessel  owner  committed  any  of  the  actions 
described in Annex II, Paragraph  6(f)  of this Agreement; 

(f) 

the vessel made a sanctionable night set; or 

(g) 

the  vessel  used  explosives  during  any  phase  of  a  fishing  ' operation 
involving dolphins. 

For  infractions  described  in (a), (b), (c), (d), (f),  and  (g), a Party will  be deemed  to  have 
provided  such concurrence if it does not object  to the IRP within six months of a  referral 
of  a possible  violation  from  the  IRP. For the  infraction  described  in  (e), a Party  will  be 

13 

deemed  to  have  provided  such  concurrence  if  it  does  not  object  to  the  IRP  within  12 
months of such  referral. 

(5) 

(6) 

(7) 

No  vessel  may be  eligible  to  receive  an  additional  allocation  of DML  by  a  Party 
unless  it  has  on  board  all  of  the  required  dolphin  safety  gear  and  equipment 
throughout  the  year;  and  no  such  upward  allocation  may  be  made  for  a  vessel 
which  has  exceeded  its initial  DML  prior  to  April  1, unless  due  to  force  majeure 
or  extraordinary  circumstances,  as  agreed  by  the  Meeting  of  the  Parties,  in 
consultation with the IRP. 

For  any vessel  exceeding  its DML,  as it may  be  adjusted  pursuant  to  this  Annex, 
during  a given  year,  the  amount  of  such  excess,  plus  an  additional  50 percent  of 
that  amount,  unless  the  IRP  recommends  otherwise,  shall  be  deducted  from 
DMLs  assigned  to  that  vessel  by  a  Party  under  whose  jurisdiction  the  vessel 
operates over subsequent  years in a manner prescribed  by the IRP. 

If  at  any  time  a  vessel  Meeting  or  exceeds  its  DML,  as  it  may  be  adjusted 
pursuant  to this Annex,  that  vessel  shall  immediately  cease  all  fishing  for  tuna  in 
association with dolphins. 

IV. 

IMPLEMENTATION 

(1) 

(2) 

(3) 

The  Parties  shall  ensure  that  in'  the  implementation  of  the  DML  system 
established  by  this  Annex,  the  per-stock,  per-year  dolphin  mortality  caps,  as 
specified  in Annex III, are not exceeded. 

In  cases  involving  unusual  or  extraordinary  circumstances  not  foreseen  in  this 
Annex,  the  Parties,  as  recommended  by  the  IRP, may  take  such  measures  as  are 
necessary, consistent  with the provisions  of this Annex, in order to implement  the 
DML  system. 

If the mortality  in  any given year  increases  above  levels which the IRP  considers 
to  be  significant,  the  IRP  shall  recommend  that  the  Parties  hold  a  Meeting  to 
review  and identify  the causes of mortality  and  formulate  options to address  such 
causes. 

ANNEX  V 

SCIENTIFIC ADVISORY BOARD 

(1) 

The  Parties  shall  maintain  the  Scientific  Advisory  Board  of  technical  specialists 
established  pursuant  to  the  La  Jolla  Agreement  to  assist  the  Director  in  matters 
regarding research to 

(a) 

modify  current  purse-seine  technology  to  make  it  less  likely  to  cause 
dolphin mortality and 

5V 

(b) 

seek alternative means of capturing  large yellowfm  tuna. 

(2) 

The functions  and responsibilities of the Board shall be to: 

(a)  Meet at least once each year; 

(b) 

(c) 

Review  plans, proposals,  and  research  programs  of  the  IATTC  to  seek  to 
meet the objectives  set forth  in paragraph  1  above; 

Provide  advice  to  the  Director  concerning  the  design,  facilitation,  and 
guidance  of  research  to  achieve  the  objectives  set  forth  in  paragraph  1 
above; and 

(d) 

Assist the Director in locating sources of funding  to conduct such research. 

(3) 

The  Board  will consist  of no more than  10 members, no more than two of  whom 
shall  be  from  any  one  country,  selected  from  the  international  community  of 
scientists,  fishing  gear  experts,  the  fishing  industry,  and  environmentalists.  The 
members will be proposed by the Director on the basis of their technical expertise, 
and each one will be subject  to approval by the Parties. 

ANNEX VI 

NATIONAL  SCIENTIFIC  ADVISORY  COMMITTEES 

. 

(1) 

The  functions  of  the  National  Scientific  Advisory  Committees  (NATSACs), 
established in accordance with artiqe xi of this Agreement, shall be, inter alia, to: 

(a) 

(b) 

Receive  and  review  relevant  data,  including  data  provided  to  national 
authorities by the Director; 

Advise  and  recommend  to  their  governments  measures  and  actions  that 
should  be  undertaken  to  conserve  and  manage  stocks  of  living  marine 
resources in the Agreement  Area; 

(c)  Make  recommendations  to  their  governments  regarding  research  needs, 
the  effects  of  climatic, 
including  research  concerning  ecosystems, 
environmental  and  socioeconomic  factors,  the effects  of fishing  as well  as 
on  measures  contemplated  in  this  Agreement,  fishing  techniques  and 
practices,  and  gear  technology  research,  including  the  development  and 
use  of  selective  environmentally  safe  and  cost-effective  fishing  gear;  and 
the coordination and facilitation  of such research; 

(d) 

Conduct scientific  reviews and assessments by the year  1998 or as soon  as 
possible  thereafter,  regarding  progress  toward  the  year  2001  objective  of 
achieving  a  per-stock,  per-year  cap  of  0.1  percent  Nmz-?2,  and  make 
to  their  governments  concerning  these 
appropriate  recommendations 

U 

reviews  and  assessments,  as  well  as  additional  assessments  in  the  year 
2001 consistent with this Agreement; 

(e) 

Ensure the regular  and  timely  full  exchange of data among the Parties and 
the  NATSACs  on  catch  of  tuna  and  associated  species  and  bycatch, 
the  purposes  of  developing 
including  dolphin  mortality  data,  for 
conservation  and  management  recommendations  to  their  governments  as 
well as recommendations  for enforcement  and scientific  research while not 
violating the confidentiality  of business confidential  data; 

(f) 

Consult  with  ether  experts  as  necessary  for  the  purpose  of  gathering  as 
much  information  as  possible  that  might  be  useful  for  achieving  the 
objectives  of this Agreement; and 

(2) 

(3) 

(g) 

Perform  such other functions  as their respective  governments  might  assign 
• to them. 

Reports  of the NATSACs,  including  of  their  cooperative  meeting,  shall  be  made 
available to the Parties  and the public, in  a manner consistent with  any applicable 
confidentiality  requirements. 

The  Director  may  convene,  in  addition  to  the  meetings  pursuant  to  Article  XL 
paragraph  3,  meetings  with  the  purpose  of  facilitating  consultation  among  the 
NATSACs. 

(4) 

The functions  of the meetings of the NATSACs shall be to: 

(a) 

Exchange  information; 

(b) 

Review IATTC research to achieve the objectives  of this Agreement; and 

(c)  Make  recommendations  to  the  Director  concerning  the  future  research 

program to achieve the objectives  of this Agreement. 

(5) 

The  NATS Ac  members  from  any  Party  who  attend  the  meeting  shall  be 
designated by that Party. 

ANNEX vn 

INTERNATIONAL  REVIEW PANEL 

(1) 

In compliance with Article  XII of this Agreement, the International Review Panel 
(IRP) shall have the following  functions: 

(a) 

Each year compile  a list of the vessels  that qualify  for DMLs as agreed  in 
Annex IV; 

M 

(b) 

(c) 

(d) 

Analyze  the  reports  submitted  to  the  IRP,  regarding  all  tuna-fishing  trips 
made by vessels covered by this  Agreement; 

Identify  possible  infractions,  based  on  the  list  of  possible  infractions 
approved by the Meeting of the Parties; 

Inform  each Party, through  the Director,  of possible  infractions  committed 
by  vessels  flying  its  flag  or  operating  under  its jurisdiction,  and  receive 
from  that Party information  on the actions taken; 

(e)  Maintain  an updated  report  on  the  actions  taken  by  the  Parties  to  provide 
adequate  training  for  fishing  captains,  and  maintain  a list  of  those  fishing 
to  be  complying  with  established  performance 
captains  determined 
requirements, based on the information  provided by each of the Parties; 

(f) 

(g) 

Recommend to the Meeting of the Parties pertinent measures  for  achieving 
the  objectives  of  this  Agreement,  in  particular  those  related  to  the  use  of 
gear,  equipment  and  fishing  techniques,  considering  improvements  in 
technologies, as well  as the adoption  of appropriate  incentives  for  captains 
and crews to meet the objectives  of this  Agreement; 

Prepare  and  provide  the  Meeting  of  the  Parties  an  annual  report  on  those 
aspects  of  the operation  of  the  fleet  relating  to the  implementation  of  this 
Agreement,  including  a summary  of possible  infractions  identified  and the 
actions taken by the Parties; 

(h) 

Recommend  to the Parties  ways  to  progressively  reduce  dolphin mortality-
incidental at the fishery  in the Agreement  Area; and 

(i) 

Perform  other  functions  as assigned by the Meeting of the Parties. 

three 

representatives 

The  IRP  shall  be  made  up  of  representatives  of  the  Parties  (governmental 
members), 
environmental 
of 
organizations with  recognized  experience  in matters pertaining  to this  Agreement 
and with offices  in the territory of a Party,  and three representatives  from  the tuna 
industry that operates under the jurisdiction  of any of the Parties in the Agreement 
Area (''non-governmental  members"). 

non-governmental 

The  non-governmental  members  shall  have  a  two-year  term  of  membership, 
Starting at the first  meeting of the IRP immediately  after  their election. 

The non-governmental  members will  be  elected  in accordance with the  following 
procedure: 

(a) 

Prior  to  the  expiration  of  the  term  of  a  non-governmental  member,  the 
relevant  non-governmental  organizations  may  present 
candidates 
nominations  60  days  before  the  expiration  of  the  term  to  the  Director.  *A 

llr 

(2) 

(3) 

(4) 

(b) 

(c) 

curriculum  vitae  should  accompany  each  nomination.  The  current  non 
governmental members may be nominated  for additional periods. 

Once  the  nominations  are  received,  the  Director  shall  transmit  them  in 
writing to the Parties within  10 days. The Parties should send their votes  to 
the  Director  within  20  days  of  the  transmittal  of  the  nominations  by  the 
DirectorJn  this  election,  the  three  nominees  from  each  non-governmental 
sector  who  receive  the  most  votes  shall  be  elected;  the  nominee  who 
receives  the  fourth  largest  number  of  votes  shall  be  designated  the 
alternate member. In the case of a tie, the director should solicit a new vote 
from  the Parties to determine the member and the alternate. 

If  a non-governmental  position  becomes  permanently  vacant,  because  of 
death resignation,  or failure  to participate  in three consecutive  meetings  of 
the  IRP,  the  alternate  shall  fill  the  position  for  the  remainder  of  that 
position's  term.  The  candidate  who  received  the  fifth  largest  number  of 
votes  in  the  elections  referred  to  in  paragraphs  (a)  and  (b)  shall  be 
designated  the  alternate  member.  If  additional  vacancies  occur,  the 
Director  shall  inform  the  relevant  non-govemmental  organizations  so  that 
new  candidates  may  be  submitted  for  an  election  process  consistent  with 
that described  in paragraphs  (a) and (b). 

(d) 

Each  alternate  may  attend  the  Meeting  of  the  IRP,  but  shall  have  no 
speaking rights if all the members of his/her respective sector are present. 

(5) 

The IRP  shall hold  at  least  three Meeting  a year,  one of which  will preferably  be 
held on the occasion of the ordinary Meeting of the Parties. 

(6) 

The  IRP  may  convene  additional  meetings  at  the  request  of  at  least  two  of  the 

.  Parties, provided that a majority  of the Parties support the request. 

(7) 

(3) 

(9) 

The  IRP  meetings  shall  be  chaired  by  a  Présider  elected  by  the  governmental 
members  at the beginning  of each meeting, who  shall  decide on matters  of  order. 
Any member shall have the right to ask that  any decision made by the Présider be 
decided as specified  in Paragraph 9 of this Annex. 

The  meetings  shall  be  in  Spanish  and  English,  and  IRP  documents  shall  also  be 
produced  in both languages. 

The decisions at the meetings of the IRP shall be adopted by consensus among  the 
governmental members. 

(10)  The following  criteria shall be applied  to attendance at IRP meetings: 

(a) 

There shall be no restrictions on the number of persons a Party can  include 
in its delegation to an IRP meeting. 

rr 

(b) 

(c) 

(d) 

(e) 

(f) 

Any  IATTC  member  State  or  Signatory  to  this  Agreement  may  be 
represented by an observer. 

Any State not a member of the IATTC and any State or regional  economic 
integration  organization  not  a  signatory  to  this  Agreement  may  be 
represented  by  an  observer,  with  prior  notification  to  IRP  governmental 
members, unless any governmental  member of the IRP objects in writing. 

intergovernmental 
The  Director  may 
organizations  as observers, with prior notification  to IRP members,  unless 
any governmental member of the IRP objects  in writing. 

representatives 

invite 

of 

In any cases referred  to in (c) and (d) above, the Director shall not  disclose 
the identity of the objecting  Party. 

Each  observer  is  limited  to  two  delegates,  but  may  bring  more  with  the 
approval of two-thirds of the governmental members of the IRP.  . 

(11) 

In cases of urgency,  and without prejudice  to the provisions of paragraph 9 of this 
Annex,  the  IRP  may  take  decisions  by  correspondence  through  a  vote  of  the 
governmental members, under the following  procedures: 

(a) 

(b) 

(c) 

The proposal shall be circulated  to all members of the IRP, in writing, with 
all  pertinent  documentation,  at  least  fourteen  days  before  the  proposed 
effective  date  of  the  resolution,  action,  or  measure;  the  votes  shall  be 
transmitted  to  the  Director  no  less  than  seven  days  before  the  proposed 
effective  date; 

The  proposal  shall  be  considered  urgent  unless  a  simple  majority  of  the 
governmental  members  objects  in  writing;  the proposal  shall  be  accepted 
unless any governmental member objects in writing; and 

The  Director  shall  circulate  the  proposal  as  well  as  the  accompanying 
documentation,  receive  and  count  the  votes, and  inform  the IRP  members 
of the results of a vote as soon as the voting closes. 

(12)  The Director will carry out the functions  of the Secretary, which shall include: 

(a) 

Assisting in the convening and organization of IRP meetings; 

(b) 

Presenting  information  required  by  the  IRP  for  carrying  out  its  functions 
and  responsibilities,  including  observer  IRP  forms  and  field  data  forms 
providing  information  on  the  activities  of  the  vessels,  dolphin  mortality, 
and  the  presence,  condition,  and  use  of  the dolphin  safety  equipment  and 
gear; 

(c) 

Preparing minutes of all meetings  and draft  special reports and  documents 
dealing with the activities of the IRP; 

If 

(d) 

(e) 

(f) 

(g) 

(h) 

Providing  to  each  Party,  for  its  consideration,  recommendations  and 
information  concerning  possible  infractions  identified  by  the  IRP  for 
vessels under its jurisdiction; 

Distributing  to  the  IRP  information  received  from  Parties  on  the  actions 
taken on possible infractions  identified  by the IRP; 

Publishing  the  annual  report  of  the  IRP  and  making  it  available  to  the 
public,  in  accordance  with  the  instructions  given  by  the  Meeting  of  the 
Parties; 

Presenting  to  the  members  of  the  IRP  information  received  from  the 
Parties referred  to in paragraph  1(e) of this Annex; and 

Carrying  out  other  tasks  necessary  for  the  accomplishment  of  the  IRP's 
functions,  as assigned by the Parties. 

(13)  The rules of procedure  of the IRP may be modified  by the Meeting  of the  Parties, 

modifications  may be recommended  by the IRP. 

(14)  The members of the IRP and any other participants  invited  to attend IRP meetings 
as  observers  shall  treat  all  the  information  presented  at  such  meeting  in 
accordance with the provisions of confidentiality  set forth  in Article XVIII of this 
Agreement. 

' o4 

ANNEX VIII 

OPERATIONAL  REQUIREMENTS  FOR  VESSELS 

(1) 

For the purposes of this Annex: 

(a) 

"Strip" means a section of net that is approximately  6 fathoms deep. 

(b) 

"backdown"  means  the  procedure  for  releasing  captured  dolphins  by 
shifting  the vessels  engine(s)  into  reverse  during  net  retrieval,  causing  the 
net  remaining  in the water  to  form  a channel,  and  the corkline  at the  apex 
of the channel to submerge. 

(c) 

"bunch" means a length of corkline gathered  together. 

(d) 

"sack-up"  means  that  part  of  the  fishing  process  when  the  catch  is 
concentrated  near the surface  for  loading aboard the vessel. 

(2) 

Dolphin  Safety  Gear and Equipment  Requirements 

A vessel with a carrying capacity  of more than  363 metric tons (400 short tons)  operating 
in the Agreement Area shall: 

to 

(a) 

Have  a  purse  seine  equipped  with  a  dolphin  safety  a.have  a  purse  seine 
following 
equipped  with  a  dolphin  safety  panef  (DSP)  with 
characteristics: 

the 

i. 

length  of  180  fathoms 

a  minimum 
(as  measured  before 
installation),  except  that  the  minimum  length  of  the  DSP  in  nets 
deeper than  18 strips must  be determined  in a ratio of  10  fathoms 
in length  for each strip of net depth. The DSP must be installed  so 
as to cover the backdown  channel along the corkline, beginning  at 
the  outboard  end  of the  last  bow  bunch  pulled  and  continuing  to 
at  least  two-thirds  the  distance  from  the  apex  of  the  backdown 
channel to the point where the net is secured  at the stem,  the DSP 
shall  consist  of  small-mesh  webbing  not  to  exceed  1  and  1/4 
inches  (3.2  cm)  stretched  mesh,  extending  downward  from  the 
corkline to a minimum  depth of two strips. 

ii. 

each end shall be identified  with a highly visible marker. 

iii. 

any  space  between  the  corks  or  the  corkline  and  the  small  mesh 
shall not exceed  1 3/8  inches (3.5 cm) in diameter. 

(b) 

Have  at  least  three  operable  speedboats.  All  operable  speedboats  shall  be 
equipped with towing bridles or posts, and tow lines; 

(c) 

Have an operable raft  suitable for the observation  and rescue of dolphins; 

(d) 

(e) 

Have at least two  operable  facemasks  suitable  for  underwater  observation; 
and 

Have an operable long-range floodlight  with a minimum  output of  140,000 
lumens. 

(3) 

Dolphin Protection and Release Requirements  and Prohibitions 

A vessel with a carrying capacity of more than  363 metric tons (400 short tons)  operating 
in the Agreement Area shall: 

(a) 

(b) 

Perform  backdown  during  every  set  in  which  dolphins  are  captured,  until 
it  is  no  longer  possible  to  remove  live  dolphins  from  the  net  by  this 
procedure.  At  least  one  crewman  shall  be  deployed  during  backdown  to 
aid in the release of dolphins; 

Continue  efforts  to  release  any  live  dolphins  remaining  in  the  net  after 
backdown,  so  that  all  live  dolphins  are  released  prior  to  the  initiation  of 
the sack-up procedure; 

(c) 

Not sack-up or brail live dolphins; 

fc 

(d) 

(e) 

(0 

Avoid  injuring  or  killing  dolphins  captured  in  the  course  of  fishing 
operations; 

Complete  backdown  no 
thirty  minutes  after  sunset,  as 
than 
determined  by  an  accurate  and  reliable  source  approved  by  the  Parties,  a 
set that does not meeting this requirement  is termed  a night set; 

later 

Not  use  any  type  of  explosive  during  any  phase of  a  fishing  operation 
involving dolphins (underwater  flares  are not considered  to be explosives); 

-  (g) 

Cease setting on dolphins when  its DML has been reached; 

(h) 

Not intentionally  set on dolphins if the vessel does not have a DML; 

(i) 

Perform  a  periodic  net  alignment  to  ensure  the  proper  location  of  the 
dolphin  safety  panel  during  the  backdown  procedure,  based  on  criteria 
established by the IRP. 

It is emphasized  that the  above requirements  should  not  lead  to crewmen being placed  in 
situations that present unnecessary risks to their personal  safety. 

(4) 

Exceptions 

A vessel  without  a DML  is  exempt  from  the  requirements  of paragraph  2 of this  Annex 
and  from  the obligation  of carrying  out  the backdown  maneuver  mentioned  in paragraph 
3 of this Annex unless the Party with jurisdiction  over that vessel determines otherwise. 

Any  such  vessel  that captures  dolphins  accidentally  shall  attempt  to release the dolphins, 
using  every  means  at  its  disposal,  including  aborting  the  set,  and  taking  into 
consideration  the requirements  set forth  in paragraph  3 of this Annex. 

(5) 

Treatment  of observers 

Captains, crew, and other personnel  shall comply with  their responsibilities  regarding  the 
presence of observers aboard  their vessels, as specified  in Annex  ii, paragraph 6. 

(6) 

Vessels under 363 metric  tons (400 short tons) 

No  vessel  with  a  carrying  capacity  of  363  metric  tons  (400  short  tons)  or  less  may 
intentionally  set on dolphins. 

3i 

ANNEX  IX 

ELEMENTS  OF A TUNA  TRACKING  AND VERIFICATION  PROGRAM 

(1) 

Pursuant  to Article V, paragraph  1(f), the Parties shall establish  a program to track 
and  verify  tuna  harvested  by  vessels  in  the  Agreement  Area,  based  on  the 
following  elements: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

The  use  of  weight  calculation  for  the  purposes  of  tracking  tuna  caught, 
landed, processed  and  exported; 

Additional  measures  to  enhance  current  observer  coverage,  including  the 
establishment  of  criteria  for  training  and  for  improving  monitoring  and 
reporting capabilities and procedures; 

The designation  of well  location,  procedures  for  sealing  holds, procedures 
for  monitoring  and  certifying  both  above  and  below  deck,  or  through 
equally effective  methods; 

The  reporting,  receipt,  and  database  storage  of  radio  and  facsimile 
transmittals  from  vessels  containing  information  related  to  the  tracking 
and verification  of such tuna; 

The  shore-based  verification  and  tracking  of  such  tuna  throughout  the 
fishing, 
transshipment,  and  canning  process  by  means  of  on-board 
observer program trip records ; 

The  use  of  periodic  audits  and  spot  checks  for  caught,  landed,  and 
processed tuna products; and 

(g) 

'  The provision  of timely access to relevant data. 

(2) 

Each  Party  shall  implement  this  program  in  its  respective  territory,  on  vessels 
subject  to  its jurisdiction  and  in  marine  areas  with  respect  to  which  it  exercises 
sovereignty or sovereign rights and jurisdiction. 

ANNEX  X 

GUIDELINES  AND CRITERIA  FOR THE  PARTICIPATION  OF OBSERVERS  AT MEETING  OF 

THE  PARTIES 

(1) 

The  Director  shall  invite  to  Meeting  of  the  Parties  convened  pursuant  to  Article 
the 
VIII 
.  implementation  of  this  Agreement,  as  well  as  non-Parties  whose  participation 

intergovernmental  organizations  whose  work 

relevant 

to 

is 

may promote implementation of this Agreement. 

32> 

(2) 

Non-governmental  organizations  (NGOS)  with  recognized  experience  in  matters 
pertaining  to  this  Agreement  shall  be  eligible  to  participate  as  observers  in  all 
Meeting  of the Parties  convened  pursuant  to  Article  VIII  except  Meeting  held  in 
executive session or Meeting of heads of delegation. 

(3) 

Any NGO  desiring  to participate  as  an  observer  in a Meeting  of  the  Parties  shall 
notify  the  director  of  its  desire  to  participate  at  least  50  days  in  advance  of  the 
.  Meeting,  the director shall  notify  the Parties  of the names  of such NGOS  at  least 

45 days prior to the beginning  of the Meeting. 

(4) 

(5) 

If a Meeting  of the Parties  is held with  less  than  50 days notice, the director  shall 
have greater flexibility  concerning  the timing of the sending of the invitations. 

An NGO desiring to participate  as an observer may do so unless a majority  of the 
Parties formally  objects  for cause in writing  at least  30 days prior to the beginning 
of the Meeting in question. 

(6) 

Any participating  observer may: 

(a) 

attend Meeting, subject  to paragraph 2 of this Annex, but not vote; 

(b) 

(c) 

make  oral  statements  during  the  Meeting  upon  the  invitation  of  the 
chairman; 

distribute  documents  at  the  Meeting,  with  the  approval  of  the  chairman; 
and 

(d) 

engage in other activities, as appropriate  and as approved by the chairman. 

The  Director  may  require  NGO  observers  to  pay  reasonable  fees,  and  to  cover 
costs attributable to their attendance (e.g. copying expenses). 

All  observers  admitted  to  a  Meeting  of  the  Parties  shall  be  sent  or  otherwise 
provided 
to  Parties,  except 
documentation  containing business-confidential  data. 

the  same  documentation  generally  available 

(7) 

(S) 

(9) 

All observers admitted  to  a Meeting  of the Parties  shall  comply  with  all rules  and 
procedures applicable to other participants  in the Meeting. 

3V 

ISSN 0254-1475 

COM(98) 787 final 

DOCUMENTS 

EN 

03  11  06  14 

Catalogue  number  :  CB-CO-98-793-EN-C 

Office  for  Official  Publications «of the European  Communities 

L-2985 Luxembourg 

3 y