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Art.4 |
Article 4 Areas of Application |
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Art.4.1 |
1. The area of application of the Agreement will be that in the Eastern Pacific Ocean through which the species specified in Attachment (2) roam both within the sea adjacent to and within 200 miles of the coasts of continental and island territories of the States Parties; the latter area understood to be those having coasts directly on the ocean as well as on the areas of high seas adjacent to such zones, up to the meridian 145o longitude West without detriment to the rights of sovereignty and jurisdiction enjoyed by the coastal State located in said 200 miles zones. |
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Art.4.1.ax |
In accordance with their legislation and other national regulations, the fundamental principles and the aim and purpose of this Agreement, the States Parties may establish exclusion zones in the area of application of this Agreement within the 200 miles adjacent to their continental and insular coastlines. |
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Art.4.2 |
2. The Eastern Pacific coastal States Parties to the present Agreement shall provide the Organization's Secretariat with the outer limits of the high seas adjacent to their coasts up to 200 miles from the continental or insular coastlines of said States. |
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Art.4.2.ax |
The provision of said information shall not be considered a recognition by Member States of said limits. |
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Art.4.3 |
3. The Governing Board may, at the recommendation of the Scientific Committee, modify this Agreement's area of application in the high seas. |
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Art.5 |
Article 5 Temporary Close Fishing Seasons |
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Art.5.1x |
Within the ocean adjacent to and within 200 miles of their coast, coastal States may establish temporary close fishing seasons, based on the best available scientific evidence, for the proper conservation of fisheries resources. The establishment of said zones will be made in good faith, without affecting the objectives and purposes of the present Agreement. |
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Art.16 |
Article 16 Granting of Permits or Licences |
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Art.16.1 |
1. It is the exclusive right of the coastal states to grant permits or licences for fishing the seas adjacent to and within 200 miles of their coasts. |
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Art.16.2 |
2. Such national permits or licences may indicate forms of action and other conditions established by the grantor state's laws and regulations. Similarly, said permits or licences may indicate the areas in which same apply, in order not to adversely affect the economic needs of coastal fishing communities and the coastal state's own development needs, without, however, impairing possible access of other member state's vessels to the surpluses of the grantor state, or its obligation not to affect the present.Agreement's objectives and purposes. |
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Art.16.3 |
3. The Executive Secretary shall issue to vessels of states Parties hereto, annual international permits or licences to fish the high seas within the Agreement's area of application. |
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Art.16.4 |
4. The granting of permits or licences shall be effected upon payment of a fee to be fixed annually by the Governing Board covering the portion of high seas within the Agreement's area of application. The Governing Board shall promote the necessary action with a view to sponsoring the establishment of a uniform system of payments to be set up by the coastal States, exercising their faculties to grant access to fishing in their adjacent waters. |
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Art.16.5 |
5. Based on the bent available scientific evidence and on recommendations supplied by the Scientific Committee, each coastal state shall annually determine and inform the Organization sixty (60) days before the Governing Board's Ordinary Meeting, of the volume of concentration of each species covered by the Agreement in the seas adjacent to and within 200 miles of its coastline, the national permissible fishing quota and the surpluses of said quota that may be made available giving priority to vessels of other States Parties hereto, under issue of the respective fishing permits, and only if said vessels cannot or do not wish to acquire said national permits may the respective coastal state negotiate its surplus to third party non-member states, issuing them national fishing permits. |
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Art.16.5.ax |
In the absence of such information within the indicated period, surpluses established for the previous fishing season shall remain in force. |
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Art.16.6 |
6. Those wishing to apply to a State Party for a national permit or licence may do so directly or through the Executive Secretary of the Organization who will pass on the request to the corresponding coastal state. |
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Art.16.7 |
7. The coastal states shall inform the Executive,Secretary of the fishing permits or licences granted to domestic as well as foreign vessels, through national official channels and in accordance with their domestic laws. |
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Art.16.8 |
8. The Secretariat shall disseminate ample information on the availability of such surpluses among the fishing enterprises o f the member states who may be interested in this catch and, before the fishing season opens, shall sponsor arrangements to facilitate the granting of the appropriate permits or licences by the coastal state in question. |
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Art.16.9 |
9. A coastal State not having sufficient available scientific research or extraction capacity may, on its own authority, according to domestic needs, and based on scientific evidence such as that which may be provided to them by the Scientific Committee, annually determine its permissible domestic quota, as well as its own fishing capacity and the surpluses that may be made available to State Parties hereto, upon issue of national permits or licences. |
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Art.16.9.ax |
Within the framework of contents of Article 2, point 2, the States Parties shall adopt said measures as soon as possible in favour of such States as request same. |
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Art.16.9.bx |
States Parties hereto not having sufficient infrastructure to fish their domestic permissible catch, may temporarily, until December 31 of the fifth year after the present Agreement comes into force, fish said resource under various manners of participation by vessels flying foreign flags of non-party States. |
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Art.16.9.cx |
States Parties to this Agreement, with the support of the General Secretariat or directly, shall promote actions to foster joint operations or fishing activities under other conditions with companies from member coastal countries not having at their disposal sufficient infrastructure. |
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Art.16.9.dx |
Bearing in mind the resolutions of the coastal states referred to in points 5 and 8 of the present Article and based on the best available scientific evidence, the Governing Board, at the recommendation of the Scientific Committee, shall establish the volume of abundance of each species covered by the Agreement, in the high seas covered by its area of application, in order to determine the permissible global quota of annual catch within said area, should the species in question require such conservation measures. |
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Art.17 |
Article 17 Fishing Access Records |
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Art.17.1 |
1. Domestic or international permits or licences granted pursuant to paragraphs 1, 2, 3 and 5 of Article 16, shall be registered in a fishing access record form to be provided by the Executive Secretary to such vessels as set out on fishing activities within the Agreement's area of application, in portions of which said permits or licences are applicable. Said records shall be annual and should be used for each open fishing season. |
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Art.17.2 |
2. The fishing access records mentioned in the preceding paragraph shall not be applicable to domestic vessels fishing exclusively in the seas adjacent to and within 200 miles of their own coastal state. |
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Art.18 |
Article 18 Fixing Fishing Season Dates |
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Art.18.1 |
1. The Scientific Committee, following the Governing Board's guidelines, shall establish the opening and closing of the fishing season for the Agreement's total area of application, in order that the maximum permissible total catch be respected for species which require said methods of conservation. |
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Art.18.1.ax |
Should an Eastern Pacific Coastal Member State, based on its scientific evidence, believe that the closing date established by the Scientific Committee should be modified, the Executive Secretary shall convene the Governing Board immediately in order to hold the corresponding Extraordinary Meeting. |
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Art.18.1.bx |
The Executive Secretary shall notify Member States of the opening and closing dates of each fishing season. |
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Art.18.2 |
2. In accordance with the terms of the previous point, when fixing the opening and closing dates for each season, priority consideration shall be given to ensure that each Coastal Member State has sufficient time to fish in the seas adjacent to and within 200 miles of its coastline. |
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Art.18.2.0x |
Following shall be the effects of closing the fishing season. |
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Art.18.2.a |
A. On the closing date the fleets of non-coastal States Parties shall cease to fish in the Agreement's area of application; and |
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Art.18.2.b |
B. As from the closing date the fleets of coastal states parties hereto may continue fishing only in the seas adjacent to and within 200 miles of their own coastline. |
