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 (Antigua Convention)
Date: 2003-11-14
Institutions: Canada, China, Costa Rica, Ecuador, El Salvador, European Community, France, Guatemala, Mexico, Nicaragua, Peru, United States, Venezuela
Subjects: Costa Rica, United States, catch by species, fishery management, international convention, international law, law of the sea, sea fish, sea fishing

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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
(Antigua Convention)

THE PARTIES TO THIS CONVENTION:

AWARE THAT, in accordance with the relevant provisions of international law, as reflected in the United Nations Con-
vention on the Law of the Sea (UNCLOS) of 1982, all States have the duty to take such measures as may be necessary for
the conservation and management of living marine resources, including highly migratory species, and to cooperate with
other States in taking such measures;

RECALLING the sovereign rights of coastal States for the purpose of exploring and exploiting, conserving and managing
the living marine resources within areas under national jurisdiction as provided for in UNCLOS, and the right of all States
for their nationals to engage in fishing on the high seas in accordance with UNCLOS;

REAFFIRMING their commitment to the Rio Declaration on Environment and Development and Agenda 21, particularly
Chapter 17, adopted by the United Nations Conference on Environment and Development (1992), and to the Johannes-
burg Declaration and Plan of Implementation adopted by the World Summit on Sustainable Development (2002);

STRESSING THE NEED to implement the principles and standards of the Code of Conduct for Responsible Fisheries
adopted by the Conference of the Food and Agriculture Organisation of the United Nations (FAO) in 1995, including the
Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the
High Seas, 1993, which forms an integral part of the Code, as well as the International Plans of Action adopted by FAO
within the framework of the Code of Conduct;

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 Decem-
ber 1982 relating to the Conservation and Management of Straddling Stocks and Highly Migratory Fish Stocks (the 1995
UN Fish Stocks Agreement);

CONSIDERING the importance of fishing for highly migratory fish stocks as a source of food, employment and economic
benefits 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;

TAKING into account the special circumstances and requirements of the developing countries of the region, particularly
the coastal countries, in order to achieve the objective of the Convention;

RECOGNISING the significant efforts and the outstanding achievements of the Inter-American Tropical Tuna Commis-
sion, as well as the importance of its work in the tuna fisheries in the Eastern Pacific Ocean;

DESIROUS TO benefit from the experiences derived from the implementation of the 1949 Convention;

REAFFIRMING that multilateral cooperation constitutes the most effective means for achieving the objectives of conserva-
tion and sustainable use of living marine resources;

COMMITTED to ensuring the long-term conservation and the sustainable use of fish stocks covered by this Convention;

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CONVINCED THAT the aforementioned objectives and the strengthening of the Inter-American Tropical Tuna Commis-
sion can best be achieved through bringing up to date the provisions of the 1949 Convention between the United States
of America and the Republic of Costa Rica for the establishment of an Inter-American Tropical Tuna Commission;

HAVE AGREED AS FOLLOWS:

4.

‘flag State’ means, unless otherwise indicated:

PART I

GENERAL PROVISIONS

Article I

Definitions

For the purposes of this Convention:

1.

‘fish stocks covered by this Convention’ means stocks of
tunas and tuna-like species and other species of fish taken
by vessels fishing for tunas and tuna-like species in the Con-
vention area;

2.

‘fishing’ means:

(a)

the actual or attempted searching for, catching, or har-
vesting of the fish stocks covered by this Convention;

(b) engaging in any activity which can reasonably be
expected to result in the locating, catching, harvesting
of these stocks;

(c) placing, searching for or recovering any fish-aggregating
including radio
associated equipment,

device or
beacons;

(d) any operation at sea in support of, or in preparation for,
any activity described in sub-paragraphs (a), (b) and (c)
of this paragraph, except for any operation in emergen-
cies involving the health and safety of crew members
or the safety of a vessel;

(e)

the use of any other vehicle, air- or sea-borne, in rela-
tion to any activity described in this definition except
for emergencies involving the health or safety of crew
members or the safety of a vessel;

(a) a State whose vessels are entitled to fly its flag,

or

(b) a regional economic integration organisation in which
vessels are entitled to fly the flag of a member State of
that regional economic integration organisation;

‘Consensus’ means the adoption of a decision without vot-
ing and without the expression of any stated objection;

‘Parties’ means the States and regional economic integration
organisations which have consented to be bound by this
Convention and for which this Convention is in force, in
accordance with the provisions of Articles XXVII, XXIX,
and XXX of this Convention;

‘Members of the Commission’ means the Parties and any
fishing entity which has expressed in accordance with the
provisions of Article XXVIII of this Convention its formal
commitment to abide by the terms of this Convention
and comply with any conservation and management mea-
sures adopted pursuant thereto;

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

‘1949 Convention’ means the Convention between the
United States of America and the Republic of Costa Rica for
the establishment of an Inter-American Tropical Tuna
Commission;

5.

6.

7.

8.

9.

10.

‘Commission’ means the Inter-American Tropical Tuna
Commission;

11.

‘UNCLOS’ means the United Nations Convention on the Law
of the Sea of 10 December 1982;

3.

‘vessel’ means any vessel used or intended for use for the
purpose of fishing, including support vessels, carrier vessels
and any other vessels directly involved in such fishing
operations;

12.

‘1995 UN Fish Stocks Agreement’ means 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
Fish Stocks and Highly Migratory Fish Stocks, 1995;

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13.

‘Code of Conduct’ means the Code of Conduct for Respon-
sible Fisheries adopted by the 28th Session of the Confer-
ence of the Food and Agriculture Organisation of the United
Nations in October 1995;

14.

‘AIDCP’ means the Agreement on the International Dolphin
Conservation Programme of 21 May 1998.

3. Where the status of target stocks or non-target or associ-
ated or dependent species is of concern, the members of the
Commission shall subject such stocks and species to enhanced
monitoring in order to review their status and the efficacy of
conservation and management measures. They shall revise those
measures regularly in the light of new scientific information
available.

Article II

Objective

Article V

Compatibility of conservation and management measures

The objective of this Convention is to ensure the long-term con-
servation and sustainable use of the fish stocks covered by this
Convention, in accordance with the relevant rules of interna-
tional law.

Article III

Area of application of the convention

The area of application of the Convention (the Convention area)
comprises the area of the Pacific Ocean bounded by the coast-
line of North, Central, and South America and by the following
lines:

(i)

the 50° N parallel from the coast of North America to its
intersection with the 150° W meridian;

1.
Nothing in this 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 UNCLOS, or the right
of all States for their nationals to engage in fishing on the high
seas in accordance with UNCLOS.

2.
The conservation and management measures established
for the high seas and those adopted for areas under national juris-
diction shall be compatible, in order to ensure the conservation
and management of the fish stocks covered by this Convention.

(ii)

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

PART III

THE INTER-AMERICAN TROPICAL TUNA COMMISSION

and

(iii) the 50° S parallel to its intersection with the coast of South

America.

PART II

CONSERVATION AND USE OF THE FISH STOCKS COVERED
BY THE CONVENTION

Article IV

Application of the precautionary approach

1.
The members of the Commission, directly and through
the Commission, shall apply the precautionary approach, as
described in the relevant provisions of the Code of Conduct
and/or the 1995 UN Fish Stocks Agreement, for the conserva-
tion, management and sustainable use of fish stocks covered by
this Convention.

2.
In particular, the members of the Commission shall be
more cautious when information is uncertain, unreliable or inad-
equate. The absence of adequate scientific information shall not
be used as a reason for postponing or failing to take conserva-
tion and management measures.

Article VI

The Commission

The members of the Commission agree to maintain, with
1.
all its assets and liabilities, and to strengthen the Inter-American
Tropical Tuna Commission established by the 1949 Convention.

2.
The Commission shall be composed of sections consisting
of from one (1) to four (4) Commissioners appointed by each
member, who may be accompanied by such experts and advis-
ers as that member may deem advisable.

3.
The Commission shall have legal personality and shall
enjoy, in its relations with other international organisations and
with its members, such legal capacity as may be necessary to per-
form its functions and achieve its objective, in accordance with
international law. The immunities and privileges which the Com-
mission and its officers shall enjoy shall be subject to an agree-
ment between the Commission and the relevant member.

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The headquarters of the Commission shall remain at San

4.
Diego, California, United States of America.

Article VII

Functions of the Commission

The Commission shall perform the following functions, giv-

1.
ing priority to tunas and tuna-like species:

(a) promote, carry out and coordinate scientific research con-
cerning the abundance, biology and biometry in the Con-
vention area of fish stocks covered by this Convention and,
as necessary, of associated or dependent species, and the
effects of natural factors and human activities on the popu-
lations of these stocks and species;

(b) adopt standards for collection, verification, and timely
exchange and reporting of data concerning the fisheries for
fish stocks covered by this Convention;

(c) adopt measures that are based on the best scientific evidence
available to ensure the long-term conservation and sustain-
able use of the fish stocks covered by this Convention and
to maintain or restore the populations of harvested species
at levels of abundance which can produce the maximum sus-
tainable yield, inter alia, through the setting of the total allow-
able catch of such fish stocks as the Commission may decide
and/or the total allowable level of fishing capacity and/or
level of fishing effort for the Convention area as a whole;

(d) determine whether, according to the best scientific informa-
tion available, a specific fish stock covered by this Conven-
tion is fully fished or overfished and, on this basis, whether
an increase in fishing capacity and/or the level of fishing
effort would threaten the conservation of that stock;

(e)

(f)

in relation to the stocks referred to in subparagraph (d) of
this paragraph, determine, on the basis of criteria that the
Commission may adopt or apply, the extent to which the
fishing interests of new members of the Commission might
be accommodated, taking into account relevant interna-
tional standards and practices;

adopt, as necessary, conservation and management measures
and recommendations for species belonging to the same eco-
system and that are affected by fishing for, or dependent on
or associated with, the fish stocks covered by this Conven-
tion, with a view to maintaining or restoring populations of
such species above levels at which their reproduction may
become seriously threatened;

(g) adopt appropriate measures to avoid, reduce and minimise
waste, discards, catch by lost or discarded gear, catch of non-
target species (both fish and non-fish species) and impacts
on associated or dependent species, in particular endangered
species;

(h) adopt appropriate measures to prevent or eliminate over-
fishing and excess fishing capacity and to ensure that levels
of fishing effort do not exceed those commensurate with the
sustainable use of the fish stocks covered by this Convention;

(i)

(j)

establish a comprehensive programme for data collection
and monitoring which shall include such elements as the
Commission determines necessary. Each member of the
Commission may also maintain its own programme consis-
tent with guidelines adopted by the Commission;

ensure that, in developing measures to be adopted under
subparagraphs (a) to (i) of this paragraph, due consideration
is given to the need for coordination and compatibility with
measures adopted pursuant to the AIDCP;

(k) promote, to the extent practicable, the development and use
of selective, environmentally safe and cost-effective fishing
gear and techniques and such other related activities, includ-
ing activities connected with, inter alia, transfer of technol-
ogy and training;

(l) where necessary, develop criteria for, and make decisions
relating to, the allocation of total allowable catch, or total
allowable fishing capacity, including carrying capacity, or
the level of fishing effort, taking into account all relevant
factors;

(m) apply the precautionary approach in accordance with the
provisions of Article IV of this Convention. In cases where
measures are adopted by the Commission pursuant to the
precautionary approach in the absence of adequate scien-
tific information, as set out in Article IV(2) of this Conven-
tion, the Commission shall, as soon as possible, undertake
to obtain the scientific information necessary to maintain or
modify any such measures;

(n) promote the application of any relevant provision of the
Code of Conduct and of other relevant international instru-
ments including, inter alia, the International Plans of Action
adopted by FAO in the framework of the Code of Conduct;

(o) appoint the Director of the Commission;

(p) approve its programme of work;

(q) approve its budget,

in accordance with provisions of

Article XIV of this Convention;

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(r)

approve the accounts for the past budgetary period;

(s)

adopt or amend its own rules and procedures, financial regu-
lations and other internal administrative regulations as may
be necessary to carry out its functions;

(t) provide the Secretariat for the AIDCP, taking into account

the provisions of Article XIV(3) of this Convention;

(u) establish such subsidiary bodies as it considers necessary;

(v) adopt any other measure or recommendation, based on rel-
evant information, including the best scientific information
available, as may be necessary to achieve the objective of
this Convention, including non-discriminatory and transpar-
ent measures consistent with international law, to prevent,
deter and eliminate activities that undermine the effective-
ness of the conservation and management measures adopted
by the Commission.

2.
The Commission shall maintain a staff qualified in matters
pertaining to this Convention, including administrative, scien-
tific and technical areas, under the supervision of the Director,
and ensure that it shall include all personnel needed for the effi-
cient and effective application of this Convention. The Commis-
sion should seek the most qualified staff available, and give due
consideration to the importance of recruiting staff on an equi-
table basis to promote broad representation and participation of
the members of the Commission.

3.
In considering guidance for the programme of work on sci-
entific matters to be addressed by the scientific staff, the Com-
mission shall consider, inter alia, the advice, recommendations,
and reports of the Scientific Advisory Committee established pur-
suant to Article XI of this Convention.

Article VIII

Meetings of the Commission

1.
The ordinary meetings of the Commission shall take place
at least once a year, in such location and on such date as the
Commission agrees.

2.
The Commission may also hold extraordinary meetings
when deemed necessary. These meetings shall be convened at the
request of at least two of the members of the Commission, pro-
vided that a majority of the members support the request.

The meetings of the Commission shall be held only when
3.
a quorum is present. Quorum is reached when two-thirds of the
members of the Commission are present. This rule shall also
apply to meetings of subsidiary bodies established under this
Convention.

4.
The meetings shall be held in English and Spanish, and the
documents of the Commission shall be produced in both these
languages.

5. Members shall elect a Chairman and Vice-Chairman from,
unless otherwise decided, different Parties to this Convention.
Both officials shall be elected for a period of one (1) year and
shall remain in office until their successors are elected.

Article IX

Decision making

1.
Unless provided otherwise, all decisions made by the Com-
mission at meetings convened pursuant to Article VIII of this
Convention shall be by consensus of members of the Commis-
sion present at the meeting in question.

2.
Decisions on adoption of amendments to this Convention
and its annexes, as well as invitations to accede to the Conven-
tion pursuant to Article XXX(c) of this Convention, shall require
consensus of all Parties. In such cases, the Chairman of the meet-
ing shall ensure that all members of the Commission have the
opportunity to express their views on the proposed decisions,
which the Parties shall take into account in reaching the final
decision.

The consensus of all the members of the Commission shall

3.
be required for decisions on:

(a)

the adoption and amendment of the Commission’s budget,
and those that determine the form and proportion of the
contributions of the members;

(b)

the issues referred to in Article VII(l)(l) of this Convention.

4. With respect to decisions referred to in paragraphs 2 and 3
of this Article, if a Party or member of the Commission, as the
case may be, is absent from the meeting in question and has not
sent a notification in accordance with paragraph 6 of this Article,
the Director shall notify such Party or member of the decision
taken at the meeting. If, within thirty (30) days of the receipt by
the Party or member of such notification, the Director has not
received a response from such Party or member, that Party or
member shall be deemed to have joined the consensus on the
decision in question. If, within such 30-day period, such Party
or member replies in writing that it cannot join the consensus
on the decision in question, the decision shall have no effect, and
the Commission shall seek to reach consensus at the earliest
opportunity.

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5. When a Party or member of the Commission that was not
present at a meeting notifies the Director, in accordance with
paragraph 4 of this Article, that it cannot join the consensus on
a decision taken at that meeting, that member shall not be able
to oppose consensus on the same issue if it is not present at the
next meeting of the Commission at which that issue is on the
agenda.

The Committee shall strive to adopt its reports and recom-
4.
mendations by consensus. If every effort to achieve consensus
has failed, the reports shall so indicate, and shall reflect the major-
ity 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 shall also be reflected.

If a member of the Commission is not able to attend a
6.
meeting of the Commission due to extraordinary and unfore-
seen circumstances outside its control:

(a)

it shall so notify the Director, in writing, prior to the start
of the meeting if possible or otherwise at the earliest pos-
sible opportunity. Such notification shall be effective upon
acknowledgement of its receipt by the Director to the mem-
ber concerned;

and

(b)

subsequently and as soon as possible, the Director shall
notify the member of all the decisions taken at that meeting
in accordance with paragraph 1 of this Article;

(c) within thirty (30) days of the notice referred to in subpara-
graph (b) of this paragraph, the member may notify the
Director in writing that it cannot join the consensus on one
or more of these decisions. In such cases, the relevant deci-
sion or decisions shall have no effect, and the Commission
shall seek to reach consensus at the earliest opportunity.

The Committee shall meet at least once a year, preferably

5.
on the occasion of the ordinary meeting of the Commission.

6.
The Committee may convene additional meetings at the
request of at least two (2) of the members of the Commission,
provided that a majority of the members support the request.

7.
The Committee shall exercise its functions in accordance
with such rules of procedure, guidelines and directives as the
Commission may adopt.

In support of the work of the Committee, the staff of the

8.
Commission shall:

(a)

collect the information necessary for the work of the Com-
mittee and develop a data base, in accordance with the pro-
cedures established by the Commission;

(b) provide such statistical analyses as the Committee deems

necessary for carrying out its functions;

(c) prepare the reports of the Committee;

The decisions adopted by the Commission pursuant to this
7.
Convention shall be binding for all members forty-five (45) days
after their notification, unless otherwise specified in this Conven-
tion or agreed when a decision is taken.

(d) distribute to the members of the Committee all pertinent
information, particularly that set out in paragraph 8(a) of
this Article.

Article X

Committee for the Review of Implementation of Measures
Adopted by the Commission

1.
The Commission shall establish a Committee for the review
of implementation of measures adopted by the Commission,
which shall be composed of those representatives designated for
this purpose by each member of the Commission, who may be
accompanied by such experts and advisers as that member may
deem advisable.

The functions of the Committee shall be those established

2.
in Annex 3 of this Convention.

3.
In the exercise of its functions, the Committee may, where
appropriate, and with the approval of the Commission, consult
any other fisheries management, technical or scientific organisa-
tion with competence in the subject matter of such consultation
and may seek such expert advice as may be required in each case.

Article XI

Scientific Advisory Committee

1.
The Commission shall establish a Scientific Advisory Com-
mittee, which shall be composed of a representative designated
by each member of the Commission, who shall have appropri-
ate qualifications or relevant experience in the area of compe-
tence of the Committee, and who may be accompanied by such
experts or advisers as that member may deem advisable.

The Commission may invite to participate in the work of
2.
the Committee organisations or persons with recognised scien-
tific experience in matters related to the work of the Commission.

The functions of the Committee shall be those established

3.
in Annex 4 of this Convention.

The Committee shall meet at least once a year, preferably

4.
prior to a meeting of the Commission.

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The Committee may convene additional meetings at the
5.
request of at least two (2) of the members of the Commission,
provided that a majority of the members support the request.

(f)

arranging for cooperation with other organisations or indi-
viduals, as appropriate, when needed for the performance of
the functions of the Commission;

6.
The Director shall serve as Chairman of the Committee or
may delegate the exercise of this function subject to the approval
of the Commission.

(g) coordinating the work of the Commission with that of
organisations and individuals whose cooperation the Direc-
tor has arranged;

7.
The Committee shall strive to adopt its reports and recom-
mendations by consensus. If every effort to achieve consensus
has failed, the reports shall so indicate, and shall reflect the major-
ity 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 shall also be reflected.

(h) drafting administrative, scientific and other reports for the

Commission;

Article XII

Administration

(i) preparing draft agendas for and convening the meetings of
the Commission and its subsidiary bodies, in consultation
with the members of the Commission and taking into
account their proposals, and providing administrative and
technical support for such meetings;

1.
The Commission shall 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
this Convention is established and generally recognised, in par-
ticular in its scientific, technical and administrative aspects, and
who shall be responsible to the Commission and may be
removed by the Commission at its discretion. The term of the
Director shall be for four years, and he may be reappointed as
many times as the Commission decides.

2.

The functions of the Director shall be:

(a) preparing research plans

and programmes

for

the

Commission;

(b) preparing budget estimates for the Commission;

(c) authorising the disbursement of funds for the implementa-
tion of the approved programme of work and budget by the
Commission and accounting for the funds thus employed;

(d) appointing, removing and directing the administrative, sci-
entific, technical and other staff, required for the functions
of the Commission, in accordance with the rules of proce-
dure adopted by the Commission;

(e) where appropriate for the efficient functioning of the Com-
mission, appointing a Coordinator of Scientific Research, in
accordance with subparagraph (d) of paragraph 2 of this
Article, who shall operate under the supervision of the Direc-
tor, who shall assign to the Coordinator of Scientific
Research such functions and responsibilities as the Director
determines appropriate;

(j)

ensuring the publication and dissemination of the conserva-
tion and management measures which have been adopted
by the Commission and are in force and, as far as practi-
cable, the maintenance and dissemination of records of other
applicable conservation and management measures adopted
by the members of the Commission in force in the Conven-
tion area;

(k) ensuring the maintenance of a record, based, inter alia, on
the information provided to the Commission pursuant to
Annex 1 of this Convention, of vessels fishing in the Con-
vention area, as well as the periodic circulation of the infor-
mation contained in such record to all members of the
Commission, and, on request, to any member individually;

(l)

acting as the legal representative of the Commission;

(m) performing such other functions as are necessary to ensure
the efficient and effective operation of the Commission and
others that may be assigned to him by the Commission.

3.
In fulfilling their functions, the Director and the staff of the
Commission shall not act in any manner that could be incom-
patible with their status or with the objective and provisions of
this Convention, nor shall they have any financial interests in
activities such as investigation and research, exploration, exploi-
tation, processing and marketing of the fish stocks covered by
this Convention. Likewise, they shall also maintain as confiden-
tial, while they are employed by the Commission and thereafter,
any confidential information they obtained or to which they had
access during their employment.

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Article XIII

Scientific staff

The scientific staff shall operate under the supervision of the
Director, and of
the Coordinator of Scientific Research if
appointed in accordance with Article XII(2)(d) and (e) of this Con-
vention, and shall have the following functions, giving priority
to tunas and tuna-like species:

(i) publish or otherwise disseminate reports on its findings and
such other reports as fall within the scope of this Conven-
tion as well as scientific, statistical and other data relating to
the fisheries for the fish stocks covered by this Convention,
ensuring confidentiality in conformity with the provisions
of Article XXII of this Convention;

(j) perform such other functions and tasks as may be assigned

to it.

(a)

conduct the scientific research projects and other research
activities approved by the Commission in accordance with
the plans of work adopted for this purpose;

Article XIV

Budget

(b) provide the Commission, through the Director, with scien-
tific advice and recommendations in support of the formu-
lation of conservation and management measures and other
relevant matters, following consultations with the Scientific
Advisory Committee, except in circumstances where evident
time constraints would limit the ability of the Director to
provide the Commission with such advice or recommenda-
tions on a timely basis;

(c) provide the Scientific Advisory Committee with the informa-
the functions specified in

tion necessary to carry out
Annex 4 of this Convention;

(d) provide the Commission, through the Director, with recom-
mendations for scientific research in support of the Com-
mission’s functions in accordance with Article VII(1)(a) of
this Convention;

The Commission shall adopt each year its budget for the
1.
following year, in accordance with Article IX(3) of this Conven-
tion. In determining the size of the budget, the Commission shall
give due consideration to the principle of cost effectiveness.

2.
The Director shall submit to the Commission for consider-
ation a detailed draft annual budget that shall identify the dis-
bursements to be made from contributions referred to in
Article XV(1) and those referred to in Article XV(3), of this
Convention.

The Commission shall maintain separate accounts for the
3.
activities carried out under this Convention and under the AIDCP.
The services to be provided to the AIDCP and the corresponding
estimated costs shall be specified in the Commission’s budget.
The Director shall provide to the Meeting of the Parties to the
AIDCP for its approval, and prior to the year in which the ser-
vices are to be provided, estimates of services and their costs cor-
responding to the tasks to be carried out pursuant to that
Agreement.

(e)

collect and analyse information relating to current and past
conditions and trends of the populations of the fish stocks
covered by this Convention;

The accounts of the Commission shall be subjected to an

4.
annual independent financial audit.

(f) provide the Commission,

through the Director, with
proposed standards for collection, verification, and timely
exchange and reporting of data concerning the fisheries for
fish stocks covered by this Convention;

Article XV

Contributions

(g) collect statistical data and all kinds of reports concerning
catches of fish stocks covered by this Convention and the
operations of vessels in the Convention area, and any other
relevant information concerning fisheries for such stocks,
including, as appropriate, social and economic aspects;

1.
The amount of the contribution of each member of the
Commission to the budget shall be determined in accordance
with the scheme which the Commission shall adopt, and amend,
as required, in accordance with Article IX(3) of this Convention.
The scheme adopted by the Commission shall be transparent and
equitable for all members and shall be set out in the financial
regulations of the Commission.

(h)

study and appraise information concerning methods and
procedures for maintaining and increasing the fish stocks
covered by this Convention;

2.
The contributions agreed pursuant to the provisions of
paragraph 1 of this Article shall enable the operation of the Com-
mission and cover in a timely manner the annual budget adopted
in accordance with Article XIV(1) of this Convention.

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The Commission shall establish a fund to receive volun-
3.
tary contributions for research on and conservation of the fish
stocks covered by this Convention and, as appropriate, associ-
ated or dependent species, and for the conservation of the marine
environment.

PART IV

RIGHTS AND OBLIGATIONS OF MEMBERS OF THE
COMMISSION

4.
Notwithstanding the provisions of Article IX of this Con-
vention, unless the Commission decides otherwise, if a member
of the Commission is in arrears in the payment of its contribu-
tions by an amount equal to or greater than the total of the con-
tributions due from it for the preceding twenty-four (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.

Each member of the Commission shall meet its own
5.
expenses arising from attendance at meetings of the Commis-
sion and of its subsidiary bodies.

Article XVI

Transparency

1.
The Commission shall promote transparency in the imple-
mentation of this Convention in its decision-making processes
and other activities, inter alia, through:

(a)

the public dissemination of pertinent non-confidential
information;

and

(b) as appropriate, facilitating consultations with, and the effec-
tive participation of, non-governmental organisations, rep-
resentatives of the fishing industry, particularly the fishing
fleet, and other interested bodies and individuals.

2.
Representatives of non-Parties, relevant intergovernmental
organisations, and non-governmental organisations, including
environmental organisations with recognised experience in mat-
ters pertaining to the Commission and the tuna industry of any
of the members of the Commission operating in the Convention
area, particularly the tuna fishing fleet, shall be afforded the
opportunity to take part in the meetings of the Commission and
of its subsidiary organs, as observers or otherwise, as appropri-
ate, in accordance with the principles and criteria established in
Annex 2 of this Convention as well as others that the Commis-
sion may adopt. Such participants shall have timely access to rel-
evant information, subject to the rules of procedure and of
confidentiality on access to such information that the Commis-
sion may adopt.

Article XVII

Rights of States

No provision of this 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.

Article XVIII

Implementation, compliance and enforcement by Parties

Each Party shall take the measures necessary to ensure the
1.
implementation of and compliance with this Convention and any
conservation and management measures adopted pursuant
thereto,
the necessary laws and
regulations.

including the adoption of

2.
Each Party shall provide to the Commission all the infor-
mation that may be required for the fulfillment of the objective
of this Convention, including statistical and biological informa-
tion and information concerning its fishing activities in the Con-
vention area, and shall provide to the Commission information
regarding actions taken to implement the measures adopted in
accordance with this Convention, whenever required by the Com-
mission and as appropriate, subject
to the provisions of
Article XXII of this Convention and in accordance with the rules
of procedure to be developed and adopted by the Commission.

Each Party shall promptly, through the Director, inform the
3.
Committee for the review of
implementation of measures
adopted by the Commission established pursuant to the provi-
sions of Article X of this Convention of:

(a)

legal and administrative provisions, including those regard-
ing infractions and sanctions, applicable to compliance with
conservation and management measures adopted by the
Commission;

(b) actions taken to ensure compliance with conservation and
management measures adopted by the Commission, includ-
ing, if appropriate, an analysis of individual cases and the
final decision taken.

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4.

Each Party shall:

(a) authorise 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
programme;

(b) ensure that vessel owners and/or captains allow the Com-
mission, in accordance with the rules of procedure adopted
by the Commission in this respect, to collect and analyse
information necessary for carrying out the functions of the
Committee for the Review of Implementation of Measures
Adopted by the Commission;

(c) provide to the Commission every six months a report on
the activities of its tuna-fishing vessels and any other infor-
mation necessary for the work of the Committee for the
Review of Implementation of Measures Adopted by the
Commission.

The Parties whose coasts border the Convention area or
9.
whose vessels fish for fish stocks covered by this Convention
or in whose territory the catch is landed and processed shall
cooperate with a view to ensuring compliance with this Conven-
tion and with a view to ensuring the application of the conser-
vation and management measures adopted by the Commission,
including through the adoption of cooperative measures and
schemes, as appropriate.

10.
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 man-
agement measures adopted by the Commission, the Parties may
take action, following the recommendations adopted by the
Commission and in accordance with this Convention and inter-
national 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.

Each Party shall take measures to ensure that vessels oper-
5.
ating in waters under its national jurisdiction comply with this
Convention and the measures adopted pursuant thereto.

Article XIX

Implementation, compliance and enforcement by fishing
entities

6.
Each Party, where it has reasonable grounds to believe that
a vessel flying the flag of another State has engaged in any activ-
ity that undermines the effectiveness of conservation and man-
agement measures adopted for the Convention area, shall draw
this to the attention of the flag State concerned and may, as
appropriate, draw the matter to the attention of the Commis-
sion. The Party in question shall provide the flag State with full
supporting evidence and may provide the Commission with a
summary of such evidence. The Commission shall not circulate
such information until such time as the flag State has had an
opportunity to comment, within a reasonable time, on the alle-
gation and evidence submitted for its consideration, or to object,
as the case may be.

Article XVIII of this Convention applies, mutatis mutandis, to fish-
ing entities that are members of the Commission.

Article XX

Duties of flag States

7.
Each Party, at the request of the Commission or of any
other Party, when provided with relevant information that a ves-
sel under its jurisdiction has carried out activities which contra-
vene the measures adopted pursuant to this Convention, shall
carry out a thorough investigation, and if appropriate 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 investigations and the actions taken.

1.
Each Party shall, in accordance with international law, take
such measures as may be necessary to ensure that vessels flying
its flag comply with the provisions of this 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.

Each Party shall apply, in accordance with its national laws
8.
and in a manner consistent with international law, sanctions of
sufficient gravity as to be effective in securing compliance with
the provisions of this Convention and of measures adopted pur-
suant thereto and to deprive offenders of the benefits accruing
from their illegal activities, including, as appropriate, refusal, sus-
pension or withdrawal of the authorisation to fish.

No Party shall allow any vessel entitled to fly its flag to be
2.
used for fishing for fish stocks covered by this Convention unless
it has been authorised to do so by the appropriate authority or
authorities of that Party. A Party shall authorise the use of ves-
sels 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.

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In addition to its obligations under paragraphs 1 and 2 of
3.
this Article, each Party shall take such measures as may be nec-
essary 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, per-
mit or authorisation issued by the competent authorities of that
State.

Article XXI

Duties of fishing entities

Article XX of this Convention applies, mutatis mutandis, to fish-
ing entities that are members of the Commission.

PART V

CONFIDENTIALITY

Article XXII

Confidentiality

1.
The Commission shall establish rules of confidentiality for
all bodies and individuals given access to information pursuant
to this Convention.

Article XXIV

Cooperation with other organisations or arrangements

The Commission shall cooperate with subregional, regional,
1.
and global fishery organisations and arrangements and, as appro-
priate, shall establish relevant institutional arrangements such as
consultative committees, in agreement with such organisations
or arrangements, with the goal of promoting the achievement of
the objective of this Convention, obtaining the best available sci-
entific information, and avoiding duplication with respect to their
work.

2.
The Commission, in agreement with the relevant organisa-
tions or arrangements, shall adopt the rules of operation for the
institutional arrangements established in accordance with para-
graph 1 of this Article.

3. Where the Convention area overlaps with an area under
regulation by another fisheries management organisation, the
Commission shall cooperate with such other organisation in
order to ensure that the objective of this Convention is reached.
To this end, through consultations or other arrangements, the
Commission shall strive to agree with the other organisation on
the relevant measures to be taken, such as ensuring the harmoni-
sation and compatibility of the conservation and management
measures adopted by the Commission and the other organisa-
tion, or deciding that the Commission or the other organisation,
as appropriate, avoid taking measures in respect of species in that
area which are regulated by the other.

2.
Notwithstanding any confidentiality rules which may be
adopted in accordance with paragraph 1 of this Article, any per-
sons with access to such confidential information may disclose
such information in connection with legal or administrative pro-
ceedings, if requested by the competent authority concerned.

4.
The provisions of paragraph 3 of this Article shall be
applied, as appropriate, to the case of fish stocks that migrate
through areas under the purview of the Commission and of
another organisation or organisations or arrangements.

PART VI

COOPERATION

Article XXIII

Cooperation and assistance

PART VII

SETTLEMENT OF DISPUTES

Article XXV

Settlement of disputes

1.
The Commission shall seek to adopt measures relating to
technical assistance, technology transfer, training and other forms
of cooperation, to assist developing countries that are members
of the Commission to fulfill their obligations under this Conven-
tion, as well as to enhance their ability to develop fisheries under
their respective national jurisdictions and to participate in high
seas fisheries on a sustainable basis.

1.
The members of the Commission shall cooperate in order
to prevent disputes. Any member may consult with one or more
members about any dispute related to the interpretation or appli-
cation of the provisions of this Convention to reach a solution
satisfactory to all as quickly as possible.

2.
The members of the Commission shall facilitate and pro-
mote such cooperation, especially financial and technical, and
the transfer of technology, as may be necessary for the effective
implementation of paragraph 1 of this Article.

2.
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 dis-
pute through any peaceful means they may agree upon, in accor-
dance with international law.

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In cases when two or more members of the Commission
3.
agree that they have a dispute of a technical nature, and they are
unable to resolve the dispute among 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. The panel shall confer with the members con-
cerned and shall endeavor to resolve the dispute expeditiously
without recourse to binding procedures for the settlement of
disputes.

(c) States and regional economic integration organisations
which are not Parties to the 1949 Convention and whose
vessels have fished for fish stocks covered by this Conven-
tion at any time during the four years preceding the adop-
tion of
this Convention and that participated in the
negotiation of this Convention;

and

PART VIII

NON-MEMBERS

Article XXVI

Non-members

1.
The Commission and its members shall encourage all States
and regional economic integration organisations referred to in
Article XXVII of this Convention and, as appropriate, fishing enti-
ties referred to in Article XXVIII of this Convention that are not
members of the Commission to become members or to adopt
laws and regulations consistent with this Convention.

2.
The members of the Commission shall exchange informa-
tion among themselves, either directly or through the Commis-
sion, with respect to activities of vessels of non-members that
undermine the effectiveness of this Convention.

3.
The Commission and its members shall cooperate, consis-
tent with this Convention and international law, to jointly deter
vessels of non-members from carrying out activities that under-
mine the effectiveness of this Convention. To this end, the mem-
bers shall, inter alia, call to the attention of non-members such
activities by their vessels.

PART IX

FINAL PROVISIONS

Article XXVII

Signature

(d) other States which are not Parties to the 1949 Convention
and whose vessels have fished for fish stocks covered by this
Convention at any time during the four years preceding the
adoption of this Convention, following consultations with
the Parties to the 1949 Convention.

2.
In relation to the regional economic integration organisa-
tions referred to in paragraph 1 of this Article, no member State
of such organisations may sign this Convention unless it repre-
sents a territory which lies outside the territorial scope of the
treaty establishing the organisation and provided that such mem-
ber State’s participation be limited to representing only the inter-
ests of that territory.

Article XXVIII

Fishing entities

1.
Any fishing entity whose vessels have fished for fish stocks
covered by this Convention at any time during the four years
preceding the adoption of this Convention may express its firm
commitment to abide by the terms of this Convention and com-
ply with any conservation and management measures adopted
pursuant thereto, by:

(a)

signing, during the period referred to in Article XXVII(1) of
this Convention, an instrument drafted to this effect in accor-
dance with a resolution to be adopted by the Commission
under the 1949 Convention;

This Convention shall be open for signature at Washing-

1.
ton from 14 November 2003 until 31 December 2004 by:

and/or

(a)

the Parties to the 1949 Convention;

(b) States not Party to the 1949 Convention with a coastline

bordering the Convention area;

and

(b) during or after the abovementioned period, providing a writ-
ten communication to the Depositary in accordance with a
resolution to be adopted by the Commission under the 1949
Convention. The Depositary shall promptly provide a copy
of this communication to all signatories and Parties.

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The commitment expressed pursuant to paragraph 1 of this
2.
Article shall be effective from the date referred to in
Article XXXI(1), of this Convention, or on the date of the writ-
ten communication referred to in paragraph 1 of this Article,
whichever is later.

3.
Any fishing entity referred to above may express its firm
commitment to abide by the terms of this Convention as it may
be amended pursuant to Article XXXIV or Article XXXV of this
Convention by providing a written communication to this effect
to the Depositary in accordance with the resolution referred to in
paragraph 1 of this Article.

The commitment expressed pursuant to paragraph 3 of this
4.
Article shall be effective from the dates
referred to in
Article XXXIV(3), and Article XXXV(4) of this Convention, or on
the date of the written communication referred to in paragraph 3
of this Article, whichever is later.

Article XXIX

Ratification, acceptance or approval

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

Article XXX

Accession

This Convention shall remain open to accession by any State or
regional economic integration organisation:

(a)

that meets the requirements of Article XXVII of
Convention;

this

or

(b) whose vessels fish for fish stocks covered by this Conven-

tion, following consultations with the Parties;

or

(c)

that is otherwise invited to accede on the basis of a decision
by the Parties.

Article XXXI

Entry into force

1.
This Convention shall enter into force fifteen (15) months
after the deposit with the Depositary of the seventh instrument
of ratification, acceptance, approval, or accession of the Parties
to the 1949 Convention that were Parties to that Convention on
the date this Convention was opened for signature.

After the date of entry into force of this Convention, with
2.
respect to each State or regional economic integration organisa-
tion that meets the requirements of Article XXVII or Article XXX,
this Convention shall enter into force for said State or regional
economic integration organisation on the thirtieth (30th) day fol-
lowing the deposit of its instrument of ratification, acceptance,
approval, or accession.

3.
Upon entry into force of this Convention, this Convention
shall prevail, as between Parties to this Convention and the 1949
Convention, over the 1949 Convention.

4.
Upon the entry into force of this Convention, conserva-
tion and management measures and other arrangements adopted
by the Commission under the 1949 Convention shall remain in
force until such time as they expire, are terminated by a decision
of the Commission, or are replaced by other measures or arrange-
ments adopted pursuant to this Convention.

5.
Upon entry into force of this Convention, a Party to the
1949 Convention that has not yet consented to be bound by this
Convention shall be deemed to remain a member of the Com-
mission unless such Party elects not to remain a member of the
Commission by so notifying the Depositary in writing prior to
the entry into force of this Convention.

6.
Upon entry into force of this Convention for all Parties to
the 1949 Convention, the 1949 Convention shall be considered
as terminated in accordance with the relevant rules of interna-
tional law as reflected in Article 59 of the Vienna Convention
on the Law of Treaties.

Article XXXII

Provisional application

1.
In accordance with its laws and regulations, a State or
regional economic integration organisation that meets the
requirements of Article XXVII or Article XXX of this Convention
may apply this Convention provisionally by so notifying the
Depositary in writing. Such provisional application shall com-
mence on the later of the date of entry into force of this Conven-
tion and the date of receipt of such notification by the Depositary.

Provisional application of this Convention by a State or
2.
regional economic integration organisation referred to in para-
graph 1 of this Article shall terminate upon entry into force of
this Convention for that State or regional economic integration
organisation, or upon notification to the Depositary by that State
or regional economic integration organisation of its intention to
terminate its provisional application of this Convention.

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Article XXXIII

Reservations

No reservations may be made to this Convention.

Article XXXIV

Amendments

1.
Any member of the Commission may propose an amend-
ment to the Convention by providing to the Director the text of
a proposed amendment at least sixty (60) days in advance of a
meeting of the Commission. The Director shall provide a copy
of this text to all other members promptly.

Amendments to the Convention shall be adopted in accor-

2.
dance with Article IX(2) of this Convention.

3.
Amendments to this Convention shall enter into force
ninety (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 such amendments with
the Depositary.

4.
States or regional economic integration organisations that
become Parties to this Convention after the entry into force of
amendments to the Convention or its annexes shall be consid-
ered to be Party to the Convention as amended.

Article XXXV

Annexes

1.
The Annexes to this Convention form an integral part
thereof and, unless expressly provided otherwise, a reference to
this Convention includes a reference to the Annexes thereto.

Any member of the Commission may propose an amend-
2.
ment to an Annex to the Convention by providing to the Direc-
tor the text of a proposed amendment at least sixty (60) days in
advance of a meeting of the Commission. The Director shall pro-
vide a copy of this text to all other members promptly.

Amendments to the Annexes shall be adopted in accor-

3.
dance with Article IX(2) of this Convention.

Unless otherwise agreed, amendments to an Annex shall
4.
enter into force for all members of the Commission ninety (90)
days after their adoption pursuant to paragraph 3 of this Article.

Article XXXVI

Withdrawal

1.
Any Party may withdraw at any time after twelve (12)
months from the date on which this Convention entered into
force with respect to that Party by giving written notice of with-
drawal to the Depositary. The Depositary shall inform the other
Parties of the withdrawal within thirty (30) days of receipt of
such notice. The withdrawal shall become effective six (6) months
after receipt of such notice by the Depositary.

2.
This article applies, mutatis mutandis, to any fishing entity
with respect to its commitment under Article XXVIII of this
Convention.

Article XXXVII

Depositary

The original texts of this Convention 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 registra-
tion and publication, pursuant to Article 102 of the Charter of
the United Nations.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, having been duly authorised by their
respective Governments, have signed this Convention.

DONE at Washington, on this 14th day of November 2003, in English, Spanish and French, all
three texts being equally authentic.

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ANNEX 1

Guidelines and criteria for the establishment of records of vessels

1.

In application of Article XII(2)(k) of this Convention, each Party shall maintain a record of vessels entitled to fly its
flag and authorised to fish in the Convention area for fish stocks covered by this Convention, and shall ensure that
the following information for all such vessels is entered in that record:

(a)

name of vessel, registration number, previous names (if known) and port of registry;

(b)

a photograph of the vessel showing its registration number;

(c)

name and address of owner or owners;

(d) name and address of operator(s) and/or manager(s) if any;

(e)

previous flag (if known and if any);

(f)

international radio call sign (if any);

(g) where and when built;

(h)

type of vessel;

(i)

type of fishing methods;

(j)

length, beam and moulded depth;

(k)

gross tonnage;

(l)

power of main engine or engines;

(m)

the nature of the authorisation to fish granted by the flag State;

(n)

freezer type, freezer capacity, and number and capacity of fish holds.

2.

3.

The Commission may decide to exempt vessels from the requirements of paragraph 1 of this Annex on the basis of
their length or other characteristic.

Each Party shall provide to the Director, in accordance with the procedures established by the Commission, the infor-
mation referred to in paragraph 1 of this Annex and shall promptly notify the Director of any modifications to such
information.

4.

Each Party shall also promptly inform the Director of:

(a)

any additions to the record;

(b) deletions from the record by reason of:

(i)

the voluntary relinquishment or non-renewal of the fishing authorisation by the owner or operator of the
vessel;

(ii)

the withdrawal of the fishing authorisation issued to the vessel in accordance with Article XX(2) of this
Convention;

(iii)

the fact that the vessel is no longer entitled to fly its flag;

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(iv)

the scrapping, decommissioning or loss of the vessel;

and

(v)

any other reason,

specifying which of the reasons listed above are applicable.

5.

This Annex applies, mutatis mutandis, to fishing entities that are members of the Commission

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Principles and criteria for the participation of observers at meetings of the Commission

ANNEX 2

1.

The Director shall invite to meetings of the Commission convened pursuant to Article VIII of this Convention inter-
governmental organisations whose work is relevant to the implementation of this Convention, as well as non-Parties
interested in conservation and sustainable use of the fish stocks covered by this Convention that so request.

2. Non-governmental organisations (NGOs) referred to in Article XVI(2) of this Convention shall be eligible to partici-
pate as observers in all meetings of the Commission and its subsidiary bodies convened pursuant to Article VIII of
this Convention, except meetings held in executive session or meetings of Heads of Delegation.

3. Any NGO desiring to participate as an observer in a meeting of the Commission shall notify the Director of its request
to participate at least fifty (50) days in advance of the meeting. The Director shall notify the members of the Com-
mission of the names of such NGOs, together with the information specified in paragraph 6 of this Annex, at least
forty-five (45) days prior to the beginning of the meeting.

4.

If a meeting of the Commission is held with less than fifty (50) days’ notice, the Director shall have greater flexibility
concerning the time frames established in paragraph 3 of this Annex.

5. An NGO wishing to participate in the meetings of the Commission and its subsidiary bodies may also be allowed to

do so on an annual basis, subject to paragraph 7 of this Annex.

6.

Requests for participation referred to in paragraphs 3, 4 and 5 of this Annex shall include the name and office loca-
tions of the NGO, and a description of its mission and how its mission and activities are related to the work of the
Commission. Such information shall be updated if necessary.

7. An NGO desiring to participate as an observer may do so unless at least one-third of the members of the Commis-

sion object for cause in writing to such participation.

8. All observers admitted to a meeting of the Commission shall be sent or otherwise provided the same documentation
generally available to the members of the Commission, except documentation containing business-confidential data.

9. Any observer admitted to a meeting of the Commission may:

(a)

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

(b) make oral statements during the meetings upon the invitation of the Chairman;

(c)

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.

10. The Director may require non-Party and NGO observers to pay reasonable fees, and to cover costs attributable to

their attendance.

11. All observers admitted to a meeting of the Commission shall comply with all rules and procedures applicable to

other participants in the meeting.

12. Any NGO that does not comply with the requirements of paragraph 11 of this Annex shall be excluded from further

participation in meetings, unless the Commission decides otherwise.

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Committee for the Review of Implementation of Measures Adopted by the Commission

ANNEX 3

The functions of the Committee for the Review of Implementation of Measures Adopted by the Commission established
under Article X of this Convention shall be the following:

(a)

(b)

(c)

(d)

(e)

(f)

review and monitor compliance with conservation and management measures adopted by the Commission, as well
as cooperative measures referred to in Article XVIII(9) of this Convention;

analyse information by flag or, when information by flag would not cover the relevant case, by vessel, and any other
information necessary to carry out its functions;

provide the Commission with information, technical advice and recommendations relating to the implementation of,
and compliance with, conservation and management measures;

recommend to the Commission means of promoting compatibility among the fisheries management measures of the
members of the Commission;

recommend to the Commission means to promote the effective implementation of Article XVIII(10) of this
Convention;

in consultation with the Scientific Advisory Committee, recommend to the Commission the priorities and objectives
of the programme for data collection and monitoring established in Article VII(1)(I) of this Convention and assess
and evaluate the results of that programme;

(g) perform such other functions as the Commission may direct.

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ANNEX 4

Scientific Advisory Committee

The functions of the Scientific Advisory Committee established under Article XI of this Convention shall be the following:

(a)

(b)

(c)

(d)

(e)

(f)

review the plans, proposals and research programmes of the Commission, and provide to the Commission such advice
as may be appropriate;

review any relevant assessments, analyses, research or work, as well as recommendations prepared for the Commis-
sion by its scientific staff prior to consideration of such recommendations by the Commission, and to provide addi-
tional information, advice and comments, as warranted, to the Commission on these matters;

recommend to the Commission specific issues and items to be addressed by the scientific staff as part of its future
work;

in consultation with the Committee for the Review of the Implementation of Measures Adopted by the Commission,
recommend to the Commission the priorities and objectives of the programme for data collection and monitoring
established in Article VII(1)(i) of this Convention and assess and evaluate the results of that programme;

assist the Commission and the Director in locating sources of funding to conduct the research to be undertaken
under this Convention;

develop and promote cooperation between and among the members of the Commission through their research insti-
tutions, with the purpose of expanding the knowledge and understanding of the fish stocks covered by this Convention;

(g) promote and facilitate, as appropriate, the cooperation of the Commission with other national and international pub-

lic or private organisations with similar objectives;

(h)

consider any matter referred to it by the Commission;

(i)

perform such other functions and tasks as may be requested or assigned to it by the Commission.