Convention for the Establishment of an Inter-American Tuna Commission

 

Article I

1. The High Contracting Parties agree to establish and operate a joint
Commission, to be known as the Inter-American Tropical Tuna Commission,
hereinafter referred to as the Commission, which shall carry out the
objectives of this Convention. The Commission shall be composed of
national sections, each consisting of from one to four members,
appointed by the Governments of the respective High Contracting
Parties.

2. The Commission shall submit annually to the Government of each High
Contracting Party a report on its investigations and findings, with
appropriate recommendations, and shall also inform such Governments,
whenever it is deemed advisable, on any matter relating to the
objectives of this Convention.

3. Each High Contracting Party shall determine and pay the expenses
incurred by its section. Joint expenses incurred by the Commission
shall be paid by the High Contracting Parties through contributions in
the form and proportion recommended by the Commission and approved by
the High Contracting Parties. The proportion of joint expenses to be
paid by each High Contracting Party shall be related to the proportion
of the total catch from the fisheries covered by this Convention
utilized by that High Contracting Party.

4. Both the general annual program of activities and the budget of
joint expenses shall be recommended by the Commission and submitted for
approval to the High Contracting Parties.

5. The Commission shall decide on the most convenient place or places
for its headquarters.

6. The Commission shall meet at least once each year, and at such other
times as may be requested by a national section. The date and place of
first meeting shall be determined by agreement between the High
Contracting Parties.

7. At its first meeting the Commission shall select a chairman and a
secretary from different national sections. The chairman and the
secretary shall hold office for a period of one year. During succeeding
years, selection of the chairman and the secretary from the national
section shall be in such a manner that the chairman and the secretary
will be of different nationalities, and as well provide each High
Contracting Party in turn, with an opportunity to be represented in
those offices.

8. Each national section shall have one vote. Decisions, resolutions,
recommendations, and publications of the Commission shall be made only
by a unanimous vote.

9. The Commission shall be entitled to adopt and to amend subsequently,
as occasion may require, by-laws or rules for the conduct of its
meetings.

10. The Commission shall be entitled to employ necessary personnel for
the performance of its functions and duties.

11. Each High Contracting Party shall be entitled to establish an
Advisory Committee for its section, to be composed of persons who shall
be well informed concerning tuna fishery problems of common concern.
Each such Advisory Committee shall be invited to attend the non-
executive sessions of the Commission.

12. The Commission may hold public hearings. Each national section also
may hold public hearings within its own country

13. The Commission shall designate a Director of Investigations who
shall be technically competent and who shall be responsible to the
Commission and may be freely removed by it. Subject to the instruction
of the Commission and with its approval, the Director of Investigations
shall have charge of:

a) the drafting of programs of investigations, and the preparation of
budget estimates for the Commission;

b) authorizing the disbursement of the funds for the joint expenses of
the Commission;

c) the accounting of the funds for the joint expenses of the
Commission;

d) the appointment and immediate direction of technical and other
personnel required for the functions of the Commission;

e) arrangements for the co-operation with other organizations or
individuals in accordance with paragraph 16 of this Article;

f) the co-ordination of the work of the Commission with that of
organizations and individuals whose co-operation has been arranged for;

g) the drafting of administrative, scientific and other reports for the
Commission;

h) the performance of such other duties as the Commission may require.

14. The official languages of the Commission shall be English and
Spanish, and members of the Commission may use either languages during
meetings. When requested, translation shall be made to the other
language. The minutes, official documents, and publications of the
Commission shall be in both languages, but official correspondence of
the Commission may be written, at the discretion of the secretary, in
either language.

15. Each national section shall be entitled to obtain certified copies
of any documents pertaining to the Commission except that the Comission
will adopt and may amend subsequently rules to ensure the confidential
character of records of statistics of individual catches and individual
company operations.

16. In the performance of its duties and functions the Commission may
request the technical and scientific services of, and information from,
official agencies of the High Contracting Parties, and any
international, public, or private institution or organization, or any
private individual.

Article II

The Commission shall perform the following functions and duties:

1. Make investigations concerning the abundance, biology, biometry, and
ecology of yellowfin (Neothunnus) and skipjack (Kaisuwonus) tuna in the
waters of the eastern Pacific Ocean fished by the nationals of the High
Contracting Parties, and the kinds of fishes commonly used as bait in
the tuna fisheries, especially the anchovetta, and of other kinds of
fish taken by tuna fishing vessels; and the effects of natural factors
and human activities on the abundance of the populations of fishes
supporting all these fisheries.

2. Collect and analyze information relating to current and past
conditions and trends of the populations of fishes covered by this
Convention.

3. Study and appraise information concerning methods and procedures for
maintaining and increasing the populations of fishes covered by this
Convention.

4. Conduct such fishing and other activities, on the High Seas and in
waters which are under the jurisdiction of the High Contracting
Parties, as may be necessary to attain the end referred to in sub-
paragraphs 1, 2, and 3 of this Article.

5. Recommend from time to time, on the basis of scientific
investigations, proposals for joint action by the High Contracting
Parties designed to keep the populations of fishes covered by this
Convention at those levels of abundance which will permit the maximum
sustained catch.

6. Collect statistics and all kinds of reports concerning catches and
the operations of fishing boats, and other information concerning the
fishing for fishes covered by this Convention, from vessels or persons
engaged in these fisheries.

7. Publish or otherwise disseminate reports relative to the results of
its findings and such other reports as fall within the scope of this
Convention, as well as scientific, statistical, and other data relating
to the fisheries maintained by the nationals of the High Contracting
Parties for the fishes covered by this Convention.

Article III

The High Contracting Parties agree to enact such legislation as may
be necessary to carry out the purposes of this Convention.

Article IV

Nothing in this Convention shall be construed to modify any existing
treaty or convention with regard to the fisheries of the eastern
Pacific Ocean previously concluded by a High Contracting Party, nor to
preclude a High Contracting Party from entering into Treaties or
conventions with other States regarding these fisheries, the terms of
which are not incompatible with the present Convention.

Article V

1. The present Convention shall be ratified and the instruments of
ratification shall be exchanged at Washington as soon as possible.

2. The present Convention shall enter into force on the date of
exchange of ratifications.

3. Any government, whose nationals participate in the fisheries covered
by this Convention, desiring to adhere to the present Convention, shall
address a communication to that effect to each of the High Contracting
Parties. Upon receiving the unanimous consent of the High Contracting
Parties to adherence, such government shall deposit with the Government
of the United States of America an instrument of adherence which shall
stipulate the effective date thereof. The Government of the United
States of America shall furnish a certified copy of the Convention to
each government desiring to adhere thereto. Each adhering government
shall have all the rights and obligations under the Convention as if
it had been an original signatory thereof.

4. At any time after the expiration of ten years from the date of entry
into force of this Convention any High Contracting Party may give
notice of its intention of denouncing the Convention. Such notification
shall become effective with respect to such notifying government one
year after its receipt by the Government of the United States of
America. After the expiration of the said one year period the
Convention shall be effective only with respect to the remaining High
Contracting Parties.

5. The Government of the United States of America shall inform the
other High Contracting Parties of all instruments of adherence and of
notifications of denunciation received.

In Witness Whereof the respective Plenipotentiaries have signed the
present Convention.

Done at Washington, in duplicate, in the English and Spanish
languages, both texts being equally authentic, this 31st day of May
1949.

Author: international

Mentioned in these Entries

Conventions: Chronological Index, High Seas, Marine and Coastal conventions, Treaties, country.