International Convention for the Conservation of Atlantic Tunas

 

Article VIII

1. (a) The Commission may, on the basis of scientific evidence, make
recommendations designed to maintain the populations of tuna and
tuna-like fishes that may be taken in the Convention area at levels which
will permit the maximum sustainable catch. These recommendations shall be
applicable to the Contracting Parties under the conditions laid down in
paragraphs 2 and 3 of this Article.

(b) The recommendations referred to above shall be made:

(i) at the initiative of the Commission if an appropriate Panel has
not been established or with the approval of at least two-thirds
of all the Contracting Parties if an appropriate Panel has been
established;
(ii) on the proposal of an appropriate Panel if such a Panel has been
established;
(iii) on the proposal of the appropriate Panels if the recommendation
in question relates to more than one geographic area, species or
group of species.

2. Each recommendation made under paragraph 1 of this Article shall
become effective for all Contracting Parties six months after the date of
the notification from the Commission transmitting the recommendation to
the Contracting Parties, except as provided in paragraph 3 of this
Article.

3. (a) If any Contracting Party in the case of a recommendation made
under paragraph 1 (b) (i) above, or any Contracting Party member of a
Panel concerned in the case of a recommendation made under paragraph 1
(b) (ii) or (iii) above, presents to the Commission an objection to such
recommendation within the six months period provided for in paragraph 2
above the recommendation shall not become effective for an additional,
sixty days.

(b) Thereupon any other Contracting Party may present an objection
prior to the expiration of the additional sixty days period, or within
forty-five days of the date of the notification of an objection made by
another Contracting Party within such additional sixty days, whichever
date shall be the later.

(c) The recommendation shall become effective at the end of the
extended period or periods for objection, except for those Contracting
Parties that have presented an objection.

(d) However, if a recommendation has met with an objection presented by
only one or less than one-fourth of the Contracting, Parties, in
accordance with subparagraphs (a) and (b) above, the Commission shall
immediately notify the Contracting Party or Parties having presented such
objection that it is to be considered as having no effect.

(e) In the case referred to in subparagraph (d) above the Contracting
Party or Parties concerned shall have an additional period of sixty days
from the date of said notification in which to reaffirm their objection.
On the expiry of this period the recommendation shall become effective,
except with respect to any Contracting Party having presented an
objection and reaffirmed it within the delay provided for.

(f) If a recommendation has met with objection from more than one-
fourth but less than the majority of the Contracting Parties, in
accordance with subparagraphs (a) and (b) above, the recommendation shall
become effective for the Contracting Parties that have not presented an
objection thereto.

(g) If objections have been presented by a majority of the Contracting
Parties the recommendation shall not become effective.

4. Any Contracting Party objecting to a recommendation may at any time
withdraw that objection, and the recommendation shall become effective
with respect to such Contracting Party immediately if the recommendation
is already in effect, or at such time as it may become effective under
the terms of this Article.

5. The Commission shall notify each Contracting Party immediately upon
receipt of each objection and of each withdrawal of an objection, and of
the entry into force of any recommendation.

Article IX

1. The Contracting Parties agree to take all action necessary to ensure
the enforcement of this Convention. Each Contracting Party shall transmit
to the Commission, biennially or at such other times as may be required
by the Commission, a statement of the action taken by it for these
purposes.

2. The Contracting Parties agree:

(a) to furnish, on the request of the Commission, any available
statistical, biological and other scientific information the
Commission may need for the purposes of this Convention;

(b) when their official agencies are unable to obtain and furnish
the said information, to allow the Commission, through the
Contracting Parties, to obtain it on a voluntary basis direct
from companies and individual fishermen.

3. The Contracting Parties undertake to collaborate with each other with
a view to the adoption of suitable effective measures to ensure the
application of the provisions of this Convention and in particular to set
up a system of international enforcement to be applied to the Convention
area except the territorial sea and other waters, if any, in which a
State is entitled under international law to exercise jurisdiction over
fisheries.

Article X

1. The Commission shall adopt a budget for the joint expenses of the
Commission for the biennium following each regular meeting.

2. Each Contracting Party shall contribute annually to the budget of the
Commission an amount equal to:

(a) U.S. $ 1,000 (one thousand United States dollars) for Commission
membership.
(b) U.S. $ 1,000 (one thousand United States dollars) for each Panel
membership.
(c) If the proposed budget for joint expenses for any biennium
should exceed the whole amount of contributions to be made by
the Contracting Parties under (a) and (b) of this paragraph,
one-third of the amount of such excess shall be contributed by
the Contracting Parties in proportion to their contributions
made under (a) and (b) of this paragraph. For the remaining
two-thirds the Commission shall determine on the basis of the
latest available information:

(i) the total of the round weight of catch of Atlantic tuna and
tuna-like fishes and the net weight of canned products of such
fishes for each Contracting Party;
(ii) the total of (i) for all Contracting Parties.

Each Contracting Party shall contribute its share of the remaining
two-thirds in the same ratio that its total in (i) bears to the total in
(ii). That part of the budget referred to in this subparagraph shall be
set by agreement of all the Contracting Parties present and voting.

3. The Council shall review the second half of the biennial budget at its
regular meeting between Commission meetings and, on the basis of current
and anticipated developments, may authorise reapportionment of amounts in
the Commission budget for the second year within the total budget
approved by the Commission.

4. The Executive Secretary of the Commission shall notify each
Contracting Party of its yearly assessment. The contributions shall be
payable on January first of the year for which the assessment was levied.
Contributions not received before January first of the succeeding year
shall be considered as in arrears.

5. Contributions to the biennial budget shall be payable in such
currencies as the Commission may decide.

6. At its first meeting the Commission shall approve a budget for the
balance of the first year the Commission functions and for the following
biennium. It shall immediately transmit to the Contracting Parties copies
of these budgets together with notices of the respective assessments for
the first annual contribution.

7. Thereafter, within a period not less than sixty days before the
regular meeting of the Commission which precedes the biennium, the
Executive Secretary shall submit to each Contracting Party a draft
biennial budget together with a schedule of proposed assessments.

8. The Commission may suspend the voting rights of any Contracting Party
when its arrears of contributions equal or exceed the amount due from it
for the two preceding years.

9. The Commission shall establish a Working Capital Fund to finance
operations of the Commission prior to receiving annual contributions, and
for such other purposes as the Commission may determine. The Commission
shall determine the level of the Fund, assess advances necessary for its
establishment, and adopt regulations governing the use of the Fund.

10. The Commission shall arrange an annual independent audit of the
Commission’s accounts. The reports of such audits shall be reviewed and
approved by the Commission, or by the Council in years when there is no
regular Commission meeting.

11. The Commission may accept contributions, other than provided for in
paragraph 2 of this Article, for the prosecution of its work.

 

Author: international

Mentioned in these Entries

International Convention for the Conservation of Atlantic Tunas.